Case law

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.

Barry v. Burdines

667 So. 2d 241 · District Court of Appeal of Florida · Aug 23, 1995

We conclude that the claimant has not established an ADA violation, and we therefore uphold the statutory limitation on eligibility for wage loss benefits. … Because the claimant has not clearly shown an ADA violation, we affirm the appealed order.

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

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

Weaver v. School Bd. of Leon County

624 So. 2d 761 · District Court of Appeal of Florida · Sep 14, 1993

We think this qualifies as vindication of a private wrong. This is especially so in view of the record which reflects that Dr. … In our Weaver opinion, we clearly pointed out that Dr.

Bethesda Healthcare System, Inc. v. AHCA

945 So. 2d 574 · District Court of Appeal of Florida · Dec 13, 2006

We will be moved to intervene only by clearly erroneous interpretations of a statute or findings of fact not supported by substantial, competent evidence. Id.; see also § 120.68(7), Fla. … With the former rule, intra-district transfers did not qualify as "new or additional" beds to trigger the "not normal" analysis.

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

District Court of Appeal of Florida · Oct 20, 2021

Thus, in order to qualify as Pearce’s intestate heir, Bivins would have had to establish Pearce’s paternity within the time period allowed by the statute of limitations. … The second amended complaint clearly showed the applicability of the defense given that it contains allegations as to Bivins’ paternity without reference to a declaration or other proof. See Gen.

Spiva v. Fernandez

303 So. 2d 363 · District Court of Appeal of Florida · Oct 22, 1974

Francouer who previous thereto had applied for the license and was qualified for the position. … The court further adopted the guidelines established by the U. S.

Andrus v. FLORIDA DEPT. OF LABOR, ETC.

379 So. 2d 468 · District Court of Appeal of Florida · Feb 6, 1980

Substantial evidence has been described as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. … 252 So.2d 599, 601 (Fla. 1st DCA 1971), as follows: In the administration of the unemployment compensation law, it is fundamental that before one may become eligible for benefits he must be available for the work he is qualified

Jess Parrish Mem. Hosp. v. FLA. PUB. EMP. RELATIONS COMM'N

364 So. 2d 777 · District Court of Appeal of Florida · Nov 6, 1978

The hospital is therefore not entitled fees and costs since it is clearly not the prevailing party. … The court continued: [The discretionary functions] also include determinations made by executives or administrators in establishing plans, specifications or schedules of operations.

City of Opa-Locka v. Metropolitan Dade County

247 So. 2d 755 · District Court of Appeal of Florida · May 4, 1971

Subsection (1) of F.S. § 192.62, F.S.A. provides that property otherwise exempt or immune from ad valorem taxation by reason of its ownership by a municipality, county or the state, loses such immunity if it is being used … In my opinion that standard for valuation of such taxable leasehold interests is wrong, and clearly inadequate. It can readily be assumed it results in undervaluation and loss of tax revenue.

State v. Physical Therapy Rehabilitation Center of Coral Springs, Inc.

665 So. 2d 1127 · District Court of Appeal of Florida · Jan 4, 1996

As amended the statute provided an earlier qualifying date for candidates for county offices in counties within a specified population range. … The title reference to a fee cap on radiation therapy services alone clearly addressed a separate provision enacted separately in section 11 of the act.

FLAGSHIP STATE BANK, ETC. v. Drew Equipment Co.

392 So. 2d 609 · District Court of Appeal of Florida · Jan 21, 1981

Hamilton, a qualified appraiser, testified that in his opinion the value of the real property as of July 20, 1979, the date of public sale, was $352,000. Raymond O. … The facts underlying the Cooper decision are significant: In that case the mortgagee was the purchaser at sale and bid the property in for $10.00, which was clearly only a nominal bid.

Kelly v. State

795 So. 2d 135 · District Court of Appeal of Florida · Aug 17, 2001

Specific Provisions Of The Act Clearly Indicate The Legislature’s Intent That It Be Mandatory The language of the Act clearly indicates that the Legislature intended it to be mandatory. … statutory criteria are established.

Eason v. Department of Business & Professional Regulation

732 So. 2d 1136 · District Court of Appeal of Florida · Mar 12, 1999

A professional engineer who possesses a license to practice in another state can obtain a Florida engineering license by endorsement if he establishes, inter alia, that he has passed an out-of-state licensing examination … This interpretation of the law, while not favorable to petitioner’s cause, falls within the range of possible interpretations and is not clearly erroneous. See e.g. Dept. of Prof. Reg., Board of Medical Examiners v.

Ward v. State

965 So. 2d 308 · District Court of Appeal of Florida · Sep 19, 2007

To establish that Ward qualified as a PRR, the State needed to prove defendant committed the burglary within three years after being released from prison. § 775.082(9)(a)1, Fla. Stat. (2002). … Mancino, 714 So.2d 429, 430 (Fla.1998)] clearly fall under the public records exception to the hearsay rule." Burgess, 831 So.2d at 142 .

City of Miramar v. Donald Spadaro and Anthony Caravella

District Court of Appeal of Florida · Jul 17, 2024

To establish [42 U.S.C. § 1983] liability against a municipality based on custom, a plaintiff must establish a widespread practice that, although not authorized by written law or express municipal policy … … [Here, the guardian] has failed to present evidence which establishes deliberate indifference. … … … [T]he alleged misconduct of [the officers] in 1983-84 is insufficient to establish

Haridopolos v. Citizens for Strong Schools, Inc.

81 So. 3d 465 · District Court of Appeal of Florida · Nov 23, 2011

the state education budget has eliminated funding for seventh period and summer school; (6) the statutes have allowed too many students for each writing teacher; (7) teacher salaries are too low, and teachers are under qualified … Nor are the respondents’ allegations challenging present legislative action enough to immunize improper judicial review from the reach of the writ of prohibition. In State v.

King v. Auto Supply of Jupiter, Inc.

917 So. 2d 1015 · District Court of Appeal of Florida · Jan 5, 2006

, it would not qualify as a business exception to the hearsay rule. … All of the requirements were established through the testimony of Louis Ferlanti, the owner, president, and records custodian of Identifax Investigative Services.

ETHAN ELALOUF v. SCHOOL BOARD OF BROWARD COUNTY

District Court of Appeal of Florida · Jan 6, 2021

Unlike Brooks and Murphy, the qualifying statements here clearly warn that serious injuries can occur even if reasonable precautions are taken. In Merlien v. … This qualifying language, which by its capitalization and size appears far more important than the small print language releasing liability, does not clearly absolve appellee from its own negligence, when that negligence