Case law

State v. Foster

674 So. 2d 747 · District Court of Appeal of Florida · Apr 26, 1996

be, or willfully takes or uses any name, title, addition, or description implying that he is qualified, or recognized by law as qualified, to act as a lawyer in this state, and any person entitled to practice who shall violate … The law is clearly established that the states have a compelling interest in the regulation of the practice of the professions and, particularly, in the setting of minimum standards for entry into the practice of law.

Dulaney v. City of Miami Beach

96 So. 2d 550 · District Court of Appeal of Florida · Aug 2, 1957

Immediately following the passage upon third reading of the named ordinance, there was presented to the City Council certain petitions consisting of the following words and figures: "We the undersigned qualified electors … This alleged infirmity does not clearly appear on the face of the ballot.

Ferreiro v. Philadelphia Indem. Ins. Co.

928 So. 2d 374 · District Court of Appeal of Florida · Mar 8, 2006

Stat. (2005), the Florida Supreme Court has reiterated much the same rule: Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present … practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right

Williams v. State, Department of Management Services, Division of Retirement

647 So. 2d 317 · District Court of Appeal of Florida · Dec 20, 1994

filling a regularly established position for the total employment.” … Because the statute clearly contemplates that both salary and fees *321 should be used in calculating retirement benefits, petitioner’s amended petition should be granted. 7.

Vocelle v. Knight Brothers Paper Company

118 So. 2d 664 · District Court of Appeal of Florida · Jan 26, 1960

It is obvious that under the August 25, 1959 bulletin some persons would qualify under the first formula who could not do so under the second, and conversely, that some could qualify under the second who could not do so under … When a statute contains a definition of a word or phrase that meaning must be ascribed to the word or phrase whenever repeated in the same statute unless a contrary intent clearly appears.

Onewest Bank, FSB v. Jasinski

173 So. 3d 1009 · District Court of Appeal of Florida · Jun 12, 2015

The court also stated that as an employee of OneWest, Marks was not qualified to testify about the records made by IndyMac. … This clearly demonstrates Marks’ personal knowledge of and competency to testify about OneWest’s mortgage servicing business records practices.

Embrey v. Dickenson

906 So. 2d 316 · District Court of Appeal of Florida · Jun 13, 2005

section 316.193 nor section 322.16, Florida Statutes (2002), grants the Department authority to require the imposition of the device in the absence of a court order. [1] The *318 unambiguous language of section 316.193 clearly … establishes that Florida's trial courts, not the Department, are responsible for ordering the installation of the device upon qualified offenders.

Palm Beach Cty. Sch. Bd. v. State, Unemp. App. Com'n

576 So. 2d 362 · District Court of Appeal of Florida · Mar 6, 1991

However, if she were to refuse work offered and for which she is qualified, then she would be disqualified for benefits. § 443.101(2), Fla. Stat. (1989). … The legislature has clearly stated that the purpose of the UCL is to lighten the economic burden on the unemployed worker and his family. § 443.02, Fla. Stat. (1979). [§ 443.021, Fla. Stat. (1989)].

Boyd v. Cooper

247 So. 2d 488 · District Court of Appeal of Florida · May 5, 1971

COOPER, JR., was appointed and qualified as guardian of her estate and of her person. … “It is the opinion of this court that in the trial of this cause the respondents herein fully met their initial burden of establishing, prima facie, the due execution of such will and that the petitioner thereupon established

TALLAHASSEE MEM. REG. MED. CTR. INC. v. Meeks

543 So. 2d 770 · District Court of Appeal of Florida · Mar 10, 1989

Ketchum was not qualified to express an opinion in this regard. Dr. … Clearly these two criteria were met in the instant case.

State v. Martinez

103 So. 3d 1013 · District Court of Appeal of Florida · Dec 26, 2012

Because aggravated battery is a qualifying offense under the Anti-Murder Act, § 948.06(8)(c)3., Fla. … This statute, which could not be more categorical, unconditional, or unambiguous, clearly establishes that the code and the guidelines do apply to this case. 5 *1016 Indeed, they apply in spades. 6 The Anti-Murder Act was

N & D HOLDING, INC. v. Town of Davie

17 So. 3d 819 · District Court of Appeal of Florida · Aug 19, 2009

May explained that it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of … facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons

Builder's Square, Inc. v. Shaw

755 So. 2d 721 · District Court of Appeal of Florida · Sep 17, 1999

The evidence clearly supports this figure, and it will not be set aside. See Tobias v. Osorio, 681 So.2d 905 (Fla. 4th DCA 1996). III. … Such interpretations are clearly distinct from what a judge may or may not permit an attorney to do.

Summers v. McOwen

10 Fla. L. Weekly 2433 · District Court of Appeal of Florida · Oct 30, 1985

He did not believe the establishment of “possession lines” in the south half of the section had anything to do with establishing the true quarter section line. … Russell, 141 Fla. 105 , 192 So. 457, 458 [1939], “ * ⅜ * it is also true that where material or harmful error clearly appears in a survey or plat on which a judgment in ejectment is based, the judgment will be reversed.”

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

271 So. 3d 1133 · District Court of Appeal of Florida · Apr 5, 2019

Clearly, Miller was not engaged in work at the time, nonetheless the Florida Supreme Court found his death compensable. Id. … Those fellow employees are currently immune from suit for negligence under section 440.11(1), Florida Statutes.

Thompson v. Hodson

825 So. 2d 941 · District Court of Appeal of Florida · May 9, 2002

Stephan, the decedent, 22 years old at the time of his death, qualified as a minor child for purposes of the wrongful death act. See § 768.18(2), Fla. … On the other hand, defendants in wrongful death cases remain liable in the event they reject a personal representative's qualifying proposal for settlement.

In Re Estate of Supplee

247 So. 2d 488 · District Court of Appeal of Florida · May 5, 1971

COOPER, JR., was appointed and qualified as guardian of her estate and of her person. … "It is the opinion of this court that in the trial of this cause the respondents herein fully met their initial burden of establishing, prima facie, the due execution of such will and that the petitioner thereupon established

Torres v. SARASOTA COUNTY PUBLIC HOSP. BD.

961 So. 2d 340 · District Court of Appeal of Florida · Apr 13, 2007

the only reason to administer Rh immune globulin is for the protection of future children. … In finding that a duty existed, the court stressed the "direct connection between the test and immunization procedure and the harm . . . and the fact that the test and the preconception immunization are specifically designed

Hialeah Race Course, Inc. v. Gulfstream Park Racing Association

210 So. 2d 750 · District Court of Appeal of Florida · May 23, 1968

will give rise to a proceeding under the Declaratory Judgments Act inquires whether or not the party seeking a declaration shows that he is in doubt or is uncertain as to existence or non-existence of some right, status, immunity … sought by the action, it has indicated sufficiently that its rights and privileges under the aforementioned statutes are in doubt or jeopardy, and it affirmatively appears that the interest of the parties to this cause are clearly

Ivey Plants, Inc. v. FMC Corporation

282 So. 2d 205 · District Court of Appeal of Florida · Aug 29, 1973

The Court finds that the pertinent provisions of this lease are not ambiguous and paragraph 16 of the lease clearly and unequivocally limits the liability of the Defendant to the Plaintiffs for claims such as those made in … The two clauses taken in conjunction would afford FMC full protection, i.e., (1) immunity from claims by lessee and (2) indemnification by lessee against claims by third persons.