Case law

Spivey v. State

12 So. 3d 880 · District Court of Appeal of Florida · Jun 19, 2009

However, by failing to lodge a proper evidentiary objection below, the State clearly waived this issue. See, e.g., Murphy v. … Clearly, Dr. Cauley equated sexually violent behavior with crimes involving violent contact with a victim or sexual attraction to children.

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

District Court of Appeal of Florida · Sep 4, 2024

Certain provisions of the amended version of section 63.082 are clearly substantive, including new time limits for a parent to file the adoption consent. … The trial court acknowledged the psychologist was not qualified as an expert in diagnosing autism.

Caldwell v. Caldwell ex rel. K.C.

257 So. 3d 1184 · District Court of Appeal of Florida · Nov 2, 2018

Appellant submits that Appellee failed to establish any of these statutory requirements to justify the entry of the injunction as she did not testify to being a witness to the alleged sexual battery and presented no direct … Appellee responds that the minor victim testified in person at the final hearing and *1186 thus is clearly an eyewitness to the sexual battery committed upon her by Appellant.

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

State v. Thompkins

113 So. 3d 95 · District Court of Appeal of Florida · May 17, 2013

It was clearly unsophisticated, in fact it was stupid. The victim wants him back home. It’s clear from the letters she loves him. … This is the first step in a two-step process established by the court in Banks .

Nales v. State Farm Mut. Auto. Ins. Co.

398 So. 2d 455 · District Court of Appeal of Florida · May 27, 1981

injured party's common law right of action in tort and, as such, it must be strictly construed to conform the statute as nearly as possible to the common law, and as so as not to displace the common law any further than is clearly … Where a jury specifically finds that the plaintiff suffered an injury as the result of an automobile accident and denies an award of compensatory damages only because of the defendant's tort immunity under no-fault, we believe

Sims v. State

184 So. 2d 217 · District Court of Appeal of Florida · Mar 9, 1966

They are entitled only to have qualified jurors. No complaint is made here that the jurors who served were not qualified." … In Jefferson, supra, the Florida Supreme Court clearly enunciated the distinction between the quantum of proof required to establish the corpus delicti prior to introducing an extrajudicial confession or admission of the

Continuum Condominium Ass'n v. Continuum VI, Inc.

14 Fla. L. Weekly 2373 · District Court of Appeal of Florida · Oct 10, 1989

The jury improperly took upon itself the dual responsibilities of establishing the "proper" amount of the set-off and then actually effecting the set-off. … Because the jury apparently set off the award based upon matters not in evidence, the award is, additionally, clearly speculative.

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.

Dennis L. Albu v. Deborah Albu

150 So. 3d 1226 · District Court of Appeal of Florida · Nov 19, 2014

Clearly, neither party could meet their expenses with his level of income. The former wife had never worked, and both parties had substantial medical problems. … In that case we said, “The purpose of permanent periodic alimony is not to divide future income to establish financial equality.

Anchor Hocking Glass Corp. v. Allen

161 So. 2d 853 · District Court of Appeal of Florida · Mar 12, 1964

It contends that no evidence was adduced at the trial sufficient to> establish any act of negligence on its part,, but if such negligence was established,, then the evidence affirmatively reveals that as a matter of law such … The ownership of the tractor-trailer unit by Anchor Hocking was clearly evident by the company name appearing on the side of the trailer.

State v. Robbins

936 So. 2d 22 · District Court of Appeal of Florida · Jun 23, 2006

Hence, there are two alternative bases upon which a conviction for this offense may be established. … However, our review of the sentencing hearing transcript belies that assertion and clearly indicates that the State did not waive this argument.

Williams v. City of Arcadia

12 Fla. L. Weekly 350 · District Court of Appeal of Florida · Jan 23, 1987

Converted dwelling houses, unless they can qualify for another classification, shall be classified under this paragraph. (Emphasis supplied.) … It is the clearly expressed legislative intent that public dwelling facilities shall be licensed either under chapter 381 or chapter 509, but not both.

Tribune Co. Holdings v. State, Department of Revenue

34 So. 3d 762 · District Court of Appeal of Florida · Apr 29, 2010

Tribune filed an amended complaint, alleging its entitlement to an SIC code that would qualify for an exemption. … “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.” May v.

Duval County School Bd. v. Kebert

909 So. 2d 438 · District Court of Appeal of Florida · Aug 23, 2005

We, therefore, reverse the summary judgment establishing liability and awarding damages against the school board. VAN NORTWICK and BROWNING, JJ., concur. … NOTES [1] On February 5, 2004, the trial court granted summary final judgment in favor of Kebert for monetary damages at the sovereign immunity limit of the school board, based upon the January 15th ruling which held the

Chung-Ling Yu v. Criser

330 So. 2d 198 · District Court of Appeal of Florida · Mar 19, 1976

that the APA as contained in Florida Statutes, 1973, is applicable, we need only decide whether the FSU Faculty Committee met the "minimum requirements" in adjudicating petitioner's legal rights, duties, privileges and/or immunities … Second, the State University System Rules of Procedure cited by petitioner to establish that the adjudicative proceedings did not begin until after January 1, 1975, are not applicable.

Seminole Tribe v. DEPT. OF CHILDREN

959 So. 2d 761 · District Court of Appeal of Florida · May 30, 2007

(ii) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … by testimony of a qualified expert witness; (iii) The unavailability of suitable families for placement after a diligent search has been completed for families meeting the preference. [3] We do not adopt Alaska's "clearly

Mosbarger v. Mosbarger

547 So. 2d 188 · District Court of Appeal of Florida · Jul 28, 1989

In light of the standard of living established during the marriage, the duration of the marriage, the wife's emotional condition, and the financial resources of the parties, the trial court's overall distribution scheme clearly … The wife's financial needs, however, clearly exceeded $1,000 a month.

Perlman v. State

269 So. 2d 385 · District Court of Appeal of Florida · Nov 22, 1972

Only when bingo is conducted by (a) qualified operators and (b) within certain statutory limitations, is the operation legal and immune from the effect of Ch. 849. … The purpose of a bill of particulars is to give the defendant notice of the particular acts relied upon by the state to establish the crime charged so that the defendant may be fully advised of the nature and cause of the

LeDew v. Unemployment Appeals Com'n

456 So. 2d 1219 · District Court of Appeal of Florida · Sep 17, 1984

Clearly there were procedures available to the appellant, of which he was aware, permitting him to grieve his resignation before the school board. … For example, we have refused to hold a school board immune from an unfair labor practice charge when it argued that it acted in good faith on a superintendent's recommendation not to rehire a non-tenured refrigeration mechanic