Case law

Gates v. Gadsden County School Board

45 So. 3d 39 · District Court of Appeal of Florida · Aug 18, 2010

As to the first point, the circuit court was correct in finding volunteers do not qualify for protection under Title VII. … Appellant, as a former employee, qualifies for Title VII protection.

Hadden v. State

670 So. 2d 77 · District Court of Appeal of Florida · Feb 20, 1996

Clearly, none of the above cases offers any precedential authority for the conclusion that if a syndrome were involved, it was Frye -tested. … Third, the judge must determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue.

Henderson v. Idowu

828 So. 2d 451 · District Court of Appeal of Florida · Oct 16, 2002

The motion, supported by affidavits, established that: (1) FMC is owned and operated by Florida Medical Center, Ltd., of which Tenet Healthcare Corporation is the ultimate parent corporation; and (2) during Ayoade Idowu's … The agreement clearly provided for arbitration of claims related in any way to the appellee husband's employment or termination thereof. Clearly, there is a nexus between the tort claims and the arbitration agreement.

Camp, Dresser & McKee, Inc. v. Paul N. Howard Co.

853 So. 2d 1072 · District Court of Appeal of Florida · Jun 13, 2003

Summary judgments, which were subsequently affirmed by this court, were entered in favor of Howard and Affholder based on their immunity from liability for Mr. Eiler's claims under Florida's Workers' Compensation Act. … We are not convinced that the issue of CDM's reasonable apprehension of liability for negligent supervision was fully aired below or is so clearly established on the record that we should decide it as a matter of law at this

Sierra v. State

230 So. 3d 48 · District Court of Appeal of Florida · Aug 4, 2017

Id. " '[P]atently unreasonable' decisions, although characterized as tactical, are not immune" from challenge. Lamb v. … And in this case the opinion testimony was clearly damaging, "so undermin[ing] the proper functioning of the adversarial process that the trial cannot be relied on has having produced a just result."

Beck v. Beck

383 So. 2d 268 · District Court of Appeal of Florida · May 6, 1980

Beck qualified as personal representative of their estates in 1975. Mr. Beck and Dawn were the principal heirs and residual beneficiaries of both of the estates, the aggregate value of which was approximately $700,000. … The burden is on *273 the appellant to show that the findings and order of the probate court are clearly erroneous. Gardiner v. Goertner, 110 Fla. 377 , 149 So. 186 (1933). Affirmed. NOTES [1] § 744.301(2), Fla.

Southwood Timber Co. v. Hicks

959 So. 2d 318 · District Court of Appeal of Florida · May 17, 2007

Stat. (1974), provided: Subject to the limitations specified in paragraph (3)(b), the employer shall furnish to the employee such remedial treatment, care, and attendance under the direction and supervision of a qualified … Although the Judge of Compensation Claims did not err in awarding attendant care benefits in this case, the order does not clearly set forth the specific type and amount of attendant care services that should be performed

WA Doss & Sons, Inc. v. Barbato

11 Fla. L. Weekly 935 · District Court of Appeal of Florida · Apr 22, 1986

The Florida Supreme Court has clearly established that attorneys who testify on the issue of attorney's fees in worker's compensation cases are not entitled to expert witness fees under Section 440.31, Florida Statutes (1983 … trial of any civil action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury, and who is permitted by the court to qualify

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

Hawthorne v. State

408 So. 2d 801 · District Court of Appeal of Florida · Jan 18, 1982

There was some confusion as to precisely when the proffer would be made, [4] however, the trial court clearly indicated that the proffer would not be allowed. … Lenore Walker, was sufficiently qualified to give an opinion or whether "`the state of the pertinent art or scientific knowledge'" would permit an expert opinion. 407 A.2d at 635 .

Department of Highway Safety & Motor Vehicles v. German

451 So. 2d 1013 · District Court of Appeal of Florida · Jun 19, 1984

Following a hearing, the Commission found that German was qualified and able to perform the duties of a radio-teletype operator. … Lewis, 327 So.2d 862 (Fla. 1st DCA 1976)) The record in the present case clearly indicates that German was unable to perform the assigned duties of a Highway Patrol Officer I.

Vega v. State Farm Mutual Automobile

45 So. 3d 43 · District Court of Appeal of Florida · Aug 20, 2010

Artes and Thomas Wray, was sufficient to establish a material fact dispute on market value. The trial court disregarded the testimony of both witnesses, albeit for different reasons. It disregarded the testimony of Mr. … Artes qualifies as an expert notwithstanding his lack of licensure or professional training.

Brown v. State

733 So. 2d 1128 · District Court of Appeal of Florida · Jun 9, 1999

Appellant argues that one Slappy factor existing in this case was that the alleged group bias was not established in Holmes. … We have no trouble concluding that allowing the state to strike Holmes was clearly erroneous in this case.

School Bd. of Leon County v. Mitchell

346 So. 2d 562 · District Court of Appeal of Florida · May 4, 1977

The court found that there was no other established appellate procedure which plaintiffs could have followed to obtain the determination that they were seeking. … It would seem that appellee would qualify as a "substantially affected party", given the fact that the proposed agency action (the reorganization plan) eliminated her position which she held under a continuing contract.

McCray v. State

230 So. 3d 495 · District Court of Appeal of Florida · Aug 4, 2017

McCray did not qualify. … There must be a violation of a clearly established principle of law resulting in a miscarriage of justice." (citing Combs v. State, 436 So. 2d 93, 95-96 (Fla. 1983))).

Henshaw v. Kelly

440 So. 2d 2 · District Court of Appeal of Florida · Oct 13, 1983

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. … We find no violation of a clearly established principle of law which results in any miscarriage of justice, so we deny the writ. Combs, supra . Certiorari DENIED. COBB, J., concurs. SHARP, J., dissents with opinion.

Citizens Property v. Ma & Fh Properties

948 So. 2d 1017 · District Court of Appeal of Florida · Feb 21, 2007

The dictionary definitions of the word "competent" include "properly or sufficiently qualified or capable; adequate for the purpose; legally qualified or fit to perform an act," The American Heritage Dictionary 385 (3rd ed … Based upon these definitions, the record clearly establishes that the homeowner's appraiser was competent by virtue of his unquestionable prior experience and/or expertise.

Professional Plast. v. Bridgeport-Strasberg

940 So. 2d 444 · District Court of Appeal of Florida · Jul 12, 2006

But the statute clearly contemplates the possibility that a payment bond may not immediately satisfy this requirement. … Clearly, that is not intended.

Department of Highway Safety & Motor Vehicles v. Neff

804 So. 2d 519 · District Court of Appeal of Florida · Dec 28, 2001

“[T]he Department failed to present evidence that the inspector was properly qualified to inspect intoxilyzer machines under Rule 11D-8-008 beyond a four-hour course that he took.” … Clearly, Keith Betham was and is properly certified to conduct inspections of breath test instruments.

A.M. v. State

District Court of Appeal of Florida · Aug 6, 2014

This can be further established by comparing the jury instructions for 4 grand theft (Fla. Std. J. Instr. (Crim.) 14.1) and robbery by sudden snatching (Fla. Std. J. Instr. … The risk assessment established that the juvenile was initially charged with robbery by sudden snatching, which was scored as nine points, clearly below the twelve-point minimum.