Case law

Sharick v. Southeastern University of Health Sciences, Inc.

780 So. 2d 136 · District Court of Appeal of Florida · Aug 2, 2000

Southeastern's publications at the time of Sharick's enrollment clearly support this conclusion. … The record in this case establishes that but for Sharick's dismissal from the university, he would have obtained his DO degree some two months thereafter.

Newman v. State

602 So. 2d 1351 · District Court of Appeal of Florida · Jul 27, 1992

The 1972 Constitution established a requirement for Bar membership at the time the county court judge took office, but conferred the power on the Legislature to “otherwise provide[ ] by general law....” Id. … The latter constitutional amendment very clearly authorizes a general law like that set forth in section 34.021.

State, Department of Revenue Ex Rel. Carnley v. Lynch

53 So. 3d 1154 · District Court of Appeal of Florida · Feb 7, 2011

A ruling constitutes a departure from the essential requirements of the law when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” Yang Enters., Inc. v. … The term “clearly established law” refers to “recent controlling case law, rules of court, statutes, and constitutional law.” Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 890 (Fla.2003).

Martin v. Paunovich

632 So. 2d 611 · District Court of Appeal of Florida · Mar 4, 1994

I am glad that, on rehearing, the majority has decided to make clear that counsel's invocation of work product immunity on the allocation issue was improper. … the party having the burden to allocate has testified under oath both that he can allocate, has done some allocation, and will do further allocation, any ruling by the trial judge that allocation is impossible has to be clearly

M.T. v. Agency for Persons With Disabilities

212 So. 3d 413 · District Court of Appeal of Florida · Aug 24, 2016

While a state agency’s interpretation of the laws it is charged with enforcing is entitled to great deference, that deference does not apply when the agency’s interpretation is clearly erroneous. … In response, APD reiterated its legal position that the statutory eligibility criteria includes a qualifying “full scale IQ score before the age of 18.”

Bellamy v. Langfitt

86 So. 3d 1170 · District Court of Appeal of Florida · Apr 25, 2012

However, Paragraph 2 of the Trust clearly indicates Mr. … Section 736.04113 provides: Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose.— (1) Upon the application of a trustee of the trust or any qualified beneficiary, a court

Glens Falls Insurance v. Edgerly

155 So. 2d 649 · District Court of Appeal of Florida · Jun 6, 1963

This leaves the single question whether the said automobile qualifies as a "non-owned automobile” as defined in the policy. … The said car did not fit in this category if it was “furnished for the regular use of either the named insured or any relative * * Since the said automobile was clearly furnished for the regular use of Mrs.

Hensley v. Punta Gorda

686 So. 2d 724 · District Court of Appeal of Florida · Jan 6, 1997

Nonetheless, in cases such as the present one, the record must clearly indicate the appellant's standing to raise the issue of the unconstitutionality or invalidity of a specific section of the law. Id. … Because Hensley has not established her status as a qualified individual with a disability, she may not seek relief under the employment provisions of the ADA. See, Reiff v.

Hiles v. Americare Home Therapy, Inc.

183 So. 3d 449 · District Court of Appeal of Florida · Dec 31, 2015

Based on the foregoing, Americare has demonstrated a clearly ascertainable right needing protection and also is likely to succeed on the merits. WHEREFORE, it is hereby ORDERED: 1. … Once the moving party has established a prima facie case that the restriction is reasonably necessary to protect a legitimate business interest, the opposing party then has the burden of establishing that the restraint is

Crooks v. State Farm Mutual Automobile Insurance

659 So. 2d 1266 · District Court of Appeal of Florida · Aug 30, 1995

There is no question that these bills qualified for “no-fault” insurance benefits under the State Farm policy. … The burden is clearly upon the insurer to authenticate the claim within the statutory time period.

Brown v. State

113 So. 3d 134 · District Court of Appeal of Florida · May 22, 2013

a prior conviction of a felony or other qualified offense” — appears in section 775.084(l)(a)2.b. … We concluded in Gray that the State failed to establish a proper predicate to admit this statement into evidence under any hearsay exception.

Couch v. Hutchison

135 So. 2d 18 · District Court of Appeal of Florida · Nov 3, 1961

To hold one liable it must be shown that the course which he pursued was clearly against the course recognized as correct by his profession. … Since the only other qualified expert from that school was unavailable, ex necessitate the testimony offered by Dr. Eaton should have been received in evidence.

Desue v. State

908 So. 2d 1116 · District Court of Appeal of Florida · Jul 25, 2005

its statutory duties, DOC may well be under a duty to make and keep records reflecting who is still in prison and who has been released. [2] Citing Crawford , appellant argues that DOC's release date records are *1118 "clearly … NOTES [1] To establish that a document is a business record, the proponent must present testimony from a "qualified witness" as "to the method by which a particular record was entered" in order to establish that the record

Austin Building Co. v. Rago, Ltd.

63 So. 3d 31 · District Court of Appeal of Florida · Apr 27, 2011

If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under … Most importantly, section 489.119 clearly states that in such a situation, “the business organization may not engage in contracting until a qualifying agent is employed ....” 6 Id.

ENVIRONMENTAL SERVICES, INC. v. Carter

9 So. 3d 1258 · District Court of Appeal of Florida · Apr 24, 2009

We agree that the protection of former customers generally does not qualify as a legitimate business interest where no identifiable agreement exists with such customers establishing that they would return with future work … Defendant Le-jeune clearly opposed the Agreement’s enforcement against him.

State v. Shearod

992 So. 2d 900 · District Court of Appeal of Florida · Oct 24, 2008

State, 227 So.2d 334, 336 (Fla. 1st DCA 1969) ("Since the jury accepted the State's witness's version of the shooting, so must we, unless it was clearly not in accord with logic and reason."). … Joyner's hearsay statements were clearly out-of-court evidence regarding Mr. Shearod's involvement in the homicide. Both of Mr.

Ford Motor Co. v. Havlick

351 So. 2d 1050 · District Court of Appeal of Florida · Apr 7, 1977

No such qualifying language was included in the above quoted instruction and its absence was prejudicial. … Poe, 203 So.2d 188 (Fla. 2nd DCA 1967); however, such a general rule does not apply where two instructions are in conflict and one is clearly erroneous and prejudicial, that is, where the error consists, not of an omission

Atlantic Coast Line Railroad Company v. Braz

182 So. 2d 491 · District Court of Appeal of Florida · Jan 25, 1966

Whidden, Fla. 1956, 87 So.2d 42 , did establish that "persons" who qualify as experts in the employment service field may testify as to the proper value of the services of which the husband is deprived. … Unless `clearly arbitrary', Sproule v.

Bowen v. Aetna Life and Cas. Co.

12 Fla. L. Weekly 2044 · District Court of Appeal of Florida · Aug 18, 1987

To the extent that Johnson recognizes situations where the worker's compensation carrier will not be immune from a suit by the employee there is clearly no conflict with Martin . … The action may be brought by an injured third party claimant where the insurer's liability for the injury has been established. See Royal Globe Ins. Co. v. Superior Court, 23 Cal.3d 880 , 153 Cal.

Lender Processing Services, Inc. v. Arch Insurance Co.

183 So. 3d 1052 · District Court of Appeal of Florida · Apr 22, 2015

that were immune from discovery under the attorney-client privilege. … The district court wrote, “Clearly - then Mr.