Case law

Morhaim v. State, Department of Transportation

737 So. 2d 1234 · District Court of Appeal of Florida · Aug 4, 1999

to the appropriate agency and the DOI within 3 years after the claim accrues and the DOI or the appropriate agency denies the claim in *1237 writing. 5 Because section 768.28(6) is part of a statutory waiver of sovereign immunity … The law is clearly established that each spouse must provide notice to the agency in which he or she is suing in order to preserve their claim under the sovereign immunity statute. See Metropolitan Dade County v.

Miller v. Gross

788 So. 2d 256 · District Court of Appeal of Florida · Aug 30, 2000

Clearly Fair does not support the proposition that Judge Miller should be allowed on the ballot for a judicial office in Broward while she is serving as a judge in Dade. … for judicial office immediately after establishing domicile within the court's territory and becoming an elector there.

De La Cova v. State

355 So. 2d 1227 · District Court of Appeal of Florida · Feb 28, 1978

Prejudice cannot be presumed simply because the State used a witness known to the defendant after a late grant of immunity. … It clearly was not fundamental because the premises were fully described and no prejudice to the defendant could have occurred. The possibility of double jeopardy, as urged by the defendant, does not exist. Cf. Llano v.

RESOURCE HEALTHCARE OF AMERICA v. McKinney

940 So. 2d 1139 · District Court of Appeal of Florida · Aug 11, 2006

Resource Healthcare has never qualified, or applied to qualify, as a foreign corporation with the Secretary of State of Florida. … Coats' affidavit clearly contradicted the jurisdictional allegations in the complaint. Hence, the burden of proving that personal jurisdiction existed was placed on Mr. McKinney. See Peznell v.

Volusia County v. Eubank

151 So. 2d 37 · District Court of Appeal of Florida · Mar 12, 1963

opponents had discarded much data accumulated in the course of presenting their position before the Board in opposition to the first petition, and that it would be quite difficult, time-consuming and expensive for them to re-establish … The order requiring said petition to be kept under seal until a future order of the trial court permits it to be opened to the public is contrary to public policy and clearly erroneous, hence said order should be and it is

Clark v. State

823 So. 2d 809 · District Court of Appeal of Florida · Jul 1, 2002

Although the statute contains additional requirements which permit the use of out-of-state convictions, the state's failure to establish the first *811 requirement forecloses the possibility of habitual offender classification … Since this is appellant's first offense in Florida, he clearly does not fall within the definition; however, section 775.084(1)(b) defines an habitual violent felony offender as a defendant who has been convicted of one or

City of Hollywood v. Hogan

986 So. 2d 634 · District Court of Appeal of Florida · Jun 4, 2008

In order to qualify for promotion to lieutenant, applicants must take a test. The governing civil service ordinance establishes what is known as the "rule of three." … Springstun and Hogan did not show that they were "clearly superior" to the promoted officers. They proved they were qualified both by their prior service and scores on the qualification test.

State v. E.T.

560 So. 2d 1282 · District Court of Appeal of Florida · Apr 24, 1990

Moreover, an accused person who has been illegally arrested has no justifiable basis to claim that he is immune from any prosecution whatever or that somehow the courts lack personal or subject matter jurisdiction to try … Clearly, any evidence secured as a direct product of such illegal arrest would generally be inadmissible at the accused’s trial, See, e.g., Brown v.

State Farm Fire & Casualty Co. v. Johnson

13 Fla. L. Weekly 2259 · District Court of Appeal of Florida · Oct 4, 1988

While I concur in the reversal and remand ordered by the court’s opinion, my concurrence is qualified to some extent. … I do not agree that the intent of the parties to the attorney fee agreement and the legal effect thereof is as clearly established as the court’s opinion makes it out to be.

State v. Billie

497 So. 2d 889 · District Court of Appeal of Florida · Nov 14, 1986

Thus, we believe the legislature clearly intended section 372.671 to be a criminal-prohibitory statute. IV. … The United States Supreme Court's decision in Dion is useful for illustrating that Indian hunting rights are not altogether immune from outside governmental interference.

Jongewaard v. State

824 So. 2d 1009 · District Court of Appeal of Florida · Aug 30, 2002

or federal correctional institution or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084 shall, upon reaching the tentative release date or provisional release date, whichever is earlier, as established … Flonda Parole Commission, 816 So.2d 1150 (Fla. 1st DCA 2002), the court explained: The statute clearly requires that to qualify for conditional release, an inmate, who is not an habitual or violent habitual offender or a

US Shoe Corp. v. DEPT. OF PRO. REG.

578 So. 2d 376 · District Court of Appeal of Florida · Apr 11, 1991

sufficient, according to the order, to "clearly empower Respondent [Board] to adopt the rule which is the subject of this proceeding." … The proposed amendment goes beyond any authority in the organic statutory law governing the Board's exercise of power and thus is an invalid exercise of delegated legislative authority because it clearly enlarges and contravenes

DADE CTY v. Transportes Aereos Nacionales, SA

298 So. 2d 570 · District Court of Appeal of Florida · Jun 28, 1974

In Lake Worth Towers, Inc., supra , the Supreme Court was confronted with a situation wherein the petitioner's property clearly qualified for an unimproved land assessment, but had been assessed for the value of both the … Clearly, that case is distinguishable from the case sub judice.

Kelly v. Gill

544 So. 2d 1162 · District Court of Appeal of Florida · Jun 15, 1989

This would clearly be inconsistent; by becoming an appointee of the state attorney's office, a deputy sheriff would have greater rights than if he had remained solely with his primary employer. [4] Evans v. … Section 112.533 establishes a system for the receipt and processing of outside complaints made against an officer.

Suomi v. State

947 So. 2d 697 · District Court of Appeal of Florida · Feb 7, 2007

However, besides the fact that nothing in the record established that Defendant qualified for habitual sentencing, there is nothing in the record to show that the charge of home invasion robbery was ever filed against him … There is some mention of prior offenses in the record, but nothing established that he qualified for sentencing as a habitual offender. [2] On page 4 of the plea transcript attached to the order, the trial court asked Defendant

Safeco Insurance Co. of Illinois v. Rader

132 So. 3d 941 · District Court of Appeal of Florida · Feb 21, 2014

Therefore, we first address whether Safeco has established this threshold element. … “The district courts should exercise this discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. State, 436 So.2d 93, 96 (Fla.1983).

Soto v. BOARD OF COUNTY COMMISIONERS

716 So. 2d 863 · District Court of Appeal of Florida · Sep 4, 1998

Soto asserted that a county department director criticized his ability to establish and maintain effective relationships and referred to the fact that Soto had filed a grievance in 1993 as reflecting Soto was not qualified … Mandamus is proper to enforce a right which is clearly and certainly established in the law, but not to litigate the existence of such a right. See Florida League of Cities v. Smith, 607 So.2d 397 (Fla.1992).

Pontrello v. Estate of Kepler

528 So. 2d 441 · District Court of Appeal of Florida · Jun 22, 1988

For example, the exercise of this narrow discretion would be appropriate if after the personal representative is named in the will, unforeseen circumstances arise which clearly would have affected the testator's decision … In so doing, we held that a court does not have to appoint a statutorily qualified person as administrator of an estate if there is sufficient evidence to find that he is not qualified by character, ability, and experience

Dept. of Prof. Reg., Bd. of Dentistry v. Dental Hygienist Ass'n

612 So. 2d 646 · District Court of Appeal of Florida · Jan 14, 1993

The association argues that the licensing of lesser qualified individuals lowers the standing of dental hygiene practice in Florida, thereby producing a lesser-qualified pool of competitors. … Furthermore, such a reading is clearly required by Wasserman.

City of Lake Wales v. Florida Citrus Canners Cooperative

191 So. 2d 453 · District Court of Appeal of Florida · Nov 2, 1966

This Act shall not take effect as to said Area 1 or Area 2 unless the annexation of such area or areas has been approved by a majority of the combined qualified electors of the City of Lake Wales, Florida, and the qualified … Even accepting the reasoning of the foregoing opinion as binding, this Court must first clearly determine and hold that the chancellor erred if it is to assume jurisdiction to consider the constitutionality of Chapter 63-