Case law

Hypower, Inc. v. STATE, DEPARTMENT OF TRANSPORTATION

839 So. 2d 856 · District Court of Appeal of Florida · Mar 10, 2003

Although there is a waiver of sovereign immunity in the instant case, it is not limited. Sovereign immunity is waived in the contracts context, not by statute, but by the fact of the contract itself. … However, the qualified acceptance letter from the FDOT to Hypower extended that limitations period to 853 days. See Hankey v.

Bean v. University of Miami

252 So. 3d 810 · District Court of Appeal of Florida · Aug 1, 2018

The trial court granted the defendants’ motion to dismiss, concluding that Bean’s complaint “establish[ed] that the moving Defendants are entities and/or individuals entitled to immunity from suit under Fla. Stat. … To qualify as an “agent of the teaching hospital,” section 768.28(10)(f) requires that the university enter into “an affiliation agreement or other contract” to provide patient services to the teaching hospital.

UNIV. OF FLA. BD. OF TRUSTEES v. Morris

975 So. 2d 493 · District Court of Appeal of Florida · Jul 27, 2007

The statute clearly provides that any `substantial' presence will qualify."). … The fact that the statute includes the exception at issue here establishes that other counties may be an appropriate venue, depending on the circumstances.

Johnson v. Sackett

793 So. 2d 20 · District Court of Appeal of Florida · Mar 28, 2001

qualified immunity for taking custody of child without prior hearing); Malachowski v. … Sackett with a grant of only qualified immunity for her actions. In fact, section 415.511 grants qualified immunity for "any act authorized or required by ss. 415.502-415.514."

Mocio v. State

98 So. 3d 601 · District Court of Appeal of Florida · Jul 25, 2012

In order to resolve this question, we must determine whether the court violated “‘a clearly established principle of law resulting in a miscarriage of justice.’ ” Miami-Dade Cnty. v. … Accordingly, the circuit court violated a clearly established principle of law in determining that a writ of prohibition was not a proper remedy in this case.

Stephen Fischer v. Richard Debrincat and Jason Debrincat

169 So. 3d 1204 · District Court of Appeal of Florida · Jul 15, 2015

To prevail in a malicious prosecution action, a plaintiff must establish the following six elements: (1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued … They would enjoy at most a qualified privilege . . . .”).

Sisk v. General Builders Corp. of Fort Lauderdale

438 So. 2d 65 · District Court of Appeal of Florida · Aug 31, 1983

If adequately established, this would cause General Builders to be classified as an “owner-builder” rather than a general contractor and, thus, it would be unable to qualify for tort immunity under the statutes in question … He claimed that if this were established at trial, General Builders would not be entitled to the tort immunity conferred on contractors by sections 440.10 and 440.11, Florida Statutes (1981).

Mills v. Kinnan, Kinnan

District Court of Appeal of Florida · Apr 4, 2025

Several recorded opinions clearly establish that absolute immunity also protects a public official when a plaintiff "retool[s]" a defamation claim by recasting it as another cause of action. … But, the majority illustrates in section II that Florida law is already well settled on the mechanics and scope of such immunity. I therefore believe that the law is sufficiently clearly established in this regard. Cf.

Wilson Ciceron and Rosie Ciceron v. Sunbelt Rentals, Inc.

163 So. 3d 609 · District Court of Appeal of Florida · Apr 15, 2015

Thus, Ciceron maintains that Sunbelt failed to qualify as a subcontractor and therefore, was not entitled to horizontal immunity. … Sunbelt’s opposing argument is that the trial court correctly found that it qualified for worker’s compensation immunity as a subcontractor, asserting that in addition to providing the scissor lifts to Associated Industries

Finkelstein v. State

157 So. 3d 1085 · District Court of Appeal of Florida · Feb 26, 2015

Section 776.032 provides that if a defendant establishes that the force used was justified under any of the applicable statutes, the defendant qualifies for immunity from prosecution. … At the conclusion of the hearing, the circuit court ruled that Petitioner failed to carry his burden to establish his entitlement to immunity from prosecution, based on the “credible substantial evidence” that Sergeant Johnson

Fla. Fern Growers Ass'n v. Concerned Citizens

616 So. 2d 562 · District Court of Appeal of Florida · Apr 2, 1993

While appellees criticize appellant for equating "the limited immunity from suit accorded under the First Amendment" with the qualified privilege of Florida's common law, the supreme court's recent opinion in Londono does … Appellant thus seems correct in asserting that even where a qualified privilege exists, i.e.

Hutchinson v. Miller

548 So. 2d 883 · District Court of Appeal of Florida · Sep 14, 1989

In the light of this holding, it is unnecessary to discuss the question of qualified immunity of the individual officers. … Instead, plaintiffs sue on allegations of negligence in performance of established duties, and for failure to follow the policies already established.

Rivello v. Cooper City

322 So. 2d 602 · District Court of Appeal of Florida · Nov 21, 1975

The crucial point in this appeal involves the question of whether Judge Harrington is immune from suit under the long established doctrine of judicial immunity. … Further, without judicial immunity, there would certainly be a chilling effect upon the independent decision making role of the judiciary and upon the willingness of qualified individuals to serve in judicial positions.

Weiss v. Pratt

53 So. 3d 395 · District Court of Appeal of Florida · Feb 16, 2011

The trial court found the pulmonologist qualified as a similar health care pro *400 vider. Id. … [then] emergency medicine physicians will be qualified to testify as to virtually every specialty.” Id. at 150 .

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857 · District Court of Appeal of Florida · Dec 27, 2002

This immunity is somewhat different from the affirmative defense of qualified immunity in a civil rights case, which is given comparable nonfinal appeal status. See Fla. R.App. P. 9.130(3)(c)(vii); Montague v. … In a civil rights case, qualified immunity is a separate and distinct question from the plaintiff's theory of liability. See, e.g., Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

Pumphrey v. Kinnan, Kinnan

District Court of Appeal of Florida · Apr 4, 2025

Several recorded opinions clearly establish that absolute immunity also protects a public official when a plaintiff "retool[s]" a defamation claim by recasting it as another cause of action. … But, the majority illustrates in section II that Florida law is already well settled on the mechanics and scope of such immunity. I therefore believe that the law is sufficiently clearly established in this regard. Cf.

Cassanova Gabriel v. State of Florida

District Court of Appeal of Florida · Oct 16, 2024

Thus, the words, “immune from . . . civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened” clearly means that … In other words, “by the person, personal representative, or heirs” clearly and unambiguously apply to the status of a plaintiff in civil actions alone, thereby limiting immunity to the use of force against another person,

Turner v. FLORIDA STATE FAIR AUTHORITY

974 So. 2d 470 · District Court of Appeal of Florida · Jan 25, 2008

The Authority is organized and established under the provisions of sections 616.251 through 616.265, Florida Statutes (2003 & 2004). … In addition, section 616.260 suggests that lands leased by the Authority are exempt from ad valorem taxation only if the leased lands qualify for an exemption under section 196.199.

Nevin v. Palm Beach County School Bd.

958 So. 2d 1003 · District Court of Appeal of Florida · May 25, 2007

Salazar's findings and opinions are covered by work-product immunity. … This is clearly a categorical claim of privilege, and the category referenced is undeniably protected by work-product immunity.

Glynn v. City of Kissimmee

383 So. 2d 774 · District Court of Appeal of Florida · May 21, 1980

In this case the alleged statements were clearly defamatory in nature. Alexrod v. Califano, 357 So.2d 1048 (Fla. 1st DCA 1978). … Drennen rejected "absolute immunity" for communication between employees of the same employer and remanded the issue for trial. [2] McNayr v. Kelly, 184 So.2d 428 (Fla. 1966).