Case law

A. Duda & Sons, Inc. v. Kelley

900 So. 2d 664 · District Court of Appeal of Florida · Apr 7, 2005

The only other provisions that would provide compensation are if the ulcer qualified as a "subsequent injury" under section 440.09(1)(a), Florida Statutes (2001), or if the ulcer qualified for treatment as a pre-existing … Marriott Int'l, 687 So.2d 351 (Fla. 1st DCA 1997). *669 The legislature clearly intends to strongly encourage injured workers, who are capable, to return to the workplace.

Community Design Corp. v. Antonell

9 Fla. L. Weekly 2261 · District Court of Appeal of Florida · Oct 23, 1984

NOTES [1] The amount of the bonus was disputed, but was clearly between $20,000 and $35,000. … Such a writing clearly establishes the employer's intention and does not give rise to a contractual bonus right.

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.

W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

75 So. 3d 328 · District Court of Appeal of Florida · Oct 25, 2011

Because the undisputed facts fail to establish that a violation of section 394.463(2) occurred, the agency’s final action must be set aside. … However, in light of the circumstances and undisputed facts of this case, the agency’s final order upholding the citation of the nursing home for violation of section 394.463 is a clearly erroneous application of section

Farnell v. State

214 So. 2d 753 · District Court of Appeal of Florida · Sep 25, 1968

Also, as might be expected, a sizeable portion found its way into the private possession of the workers themselves, all of whom had been previously given immunity by the prosecution. … We are clearly persuaded that such proof is "too slight" and "too tenuous", to quote Bentvena , and "too insubstantial", to quote Ong .

Holder v. State

123 So. 3d 136 · District Court of Appeal of Florida · Oct 11, 2013

Leporowsky’s report was adequate to establish probable cause. … Carr indicated that based on the updated STATIC-99, Sherman would not qualify for civil commitment. Id. Dr.

Dennis v. Kline

120 So. 3d 11 · District Court of Appeal of Florida · Jun 19, 2013

If such grounds are established, a court is authorized to modify the trust by, among other things, “[a]mend[ing] or changing] the terms of the trust, including terms governing distribution of the trust income or principal … See, e.g., Taran, 164 So.2d at 895 (“The fact that Florida may have a different rule with reference to such immunity from process in proceedings initiated in this state is not of itself a reason to reject as unworthy of full

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.

Prudential Ins. Co. of America v. Bellar

391 So. 2d 737 · District Court of Appeal of Florida · Dec 24, 1980

Such a restructuring of the sentence would do violence to the contract language and would be in violation of established grammatical rules of construction. … Accordingly, we hold that the exclusionary clause first above cited clearly excludes the self-employed Husband injured in the course of, and within the scope of his employ.

Crum Services v. Lopez

975 So. 2d 1184 · District Court of Appeal of Florida · Mar 6, 2008

Del Sol and a P & G Roofing representative [1] established that Mr. Del Sol was an employee of P & G Roofing at the time of the accident, and that P & G Roofing had pulled the permits for the job. Although Mr. … It is P & G Roofing that has an agreement with an outside party to complete the roofing project, and it is clearly the contractor in this relationship.

State, Department of Highway Safety & Motor Vehicles v. Wiggins

151 So. 3d 457 · District Court of Appeal of Florida · Aug 5, 2014

Dusseau as Clearly Established Law Whether Dusseau is clearly established law applicable in this case requires an examination of what rule of law our supreme court established or reaffirmed. 1 In Dusseau , a Baptist congregation … We now turn to whether the circuit court’s approach in this case conformed to these clearly-established principles in Dusseau and like precedents. B.

Mitchell v. Grapes

146 So. 2d 591 · District Court of Appeal of Florida · Nov 20, 1962

The will was probated; Ruth was qualified as executrix and is now serving in that capacity. … The first two situations stated present no particular difficulty in most cases and are clearly not involved in this suit.

RCI SE Services Division/Aetna Casualty & Surety v. Sisson

13 Fla. L. Weekly 458 · District Court of Appeal of Florida · Feb 16, 1988

He continued, “I am a dispenser for hearing aids and my area is to test to see how well they qualify for hearing aids.” … Of course, the burden is on the party calling the expert witness to establish that he is qualified in the field in which he is called upon to testify. GIW Southern Valve Co. v. Smith, 471 So.2d 81 (Fla. 2nd DCA 1985).

Dominique v. Yellow Freight System, Inc.

642 So. 2d 594 · District Court of Appeal of Florida · Aug 24, 1994

We conclude that the complaint in a personal injury case, in and of itself, establishes good cause. … Rule 1.360 provides in pertinent part: (a) Request; Scope. (1) A party may request any other party to submit to ... examination by a qualified expert when the condition that is the subject of the requested examination is

Coleman v. Valley Forge Ins. Co.

432 So. 2d 1368 · District Court of Appeal of Florida · Jun 15, 1983

At the trial, Valley Forge stipulated that the car qualified as a substitute automobile as defined under subsection (d) of the definition of "Your covered auto." … Established principles of insurance policy construction require that any ambiguities be construed against the insurer. Stuyvesant Insurance Co. v. Butler, 314 So.2d 567 (Fla. 1975).

Consultech of Jacksonville, Inc. v. DOH

876 So. 2d 731 · District Court of Appeal of Florida · Jul 14, 2004

We find this issue is governed by established case law and must be resolved against appellant. See Fla. Dep't of Ins. & Treasurer v. Bankers Ins. … We reject appellant's contention that DOH's interpretation of section 456.003(5) is clearly erroneous.

Stockburger v. Stockburger

633 So. 2d 1140 · District Court of Appeal of Florida · Mar 18, 1994

Petersburg and is currently five years away from qualifying for full retirement benefits. This fact makes it financially impractical for him to relocate to another area at this time. … The evidence clearly established that during the marriage the father played as equal and as significant a role in raising and caring for the children as did the mother.

Holdsworth v. Crews

129 So. 2d 153 · District Court of Appeal of Florida · Apr 12, 1961

Without the qualifying language, the instructions were nearly identical to plaintiff's instructions Nos. 8, 9 and 10 in the instant case. … In regard to the instructions quoted, the court in the Lindsay case held that if the instructions had been given without the qualifying language "they would have properly and clearly defined the meaning of `last clear chance

City of Miami v. Martinez-Esteve

125 So. 3d 295 · District Court of Appeal of Florida · Sep 18, 2013

The majority correctly acknowledges that under the City Charter, the City is required to establish an “eligibility list” for “competitive” classified positions. … positions, even “noncompetitive” and “labor” classified positions, are to be filled from an eligibility list. 6 Because Martinez-Esteve was never placed on an eligibility list, his placement into the position of project manager clearly

T.D.W. v. State

137 So. 3d 574 · District Court of Appeal of Florida · Apr 30, 2014

We found that the section 90.954(1) “lost or destroyed” exception to the best evidence rule did not apply because “[t]he state’s inability to show the video recording due to temporary technical difficulties does not qualify … As the proponent of the evidence, the State had the burden of establishing its admissibility.