Case law

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.

Lesane v. State

895 So. 2d 1231 · District Court of Appeal of Florida · Mar 2, 2005

In this case, it is undisputed that there was no direct evidence establishing a prima facie case of possession with intent to distribute. … Clearly, the quantity of drugs and money found on appellant’s person, without other corroborating evidence, was not inconsistent with personal use.

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))).

Sentry Water Systems, Inc. v. Adca Corp.

355 So. 2d 1255 · District Court of Appeal of Florida · Mar 10, 1978

The trial was a far cry from a model in the marshalling and presentation of the evidence establishing the essential elements of the claims of the two parties. … Even assuming that the above testimony of the appellee/tenant established "harassment" and that such harassment could qualify as effecting an eviction, it was clearly predicated upon his material breach of the lease covenants

In Re Estate of Jones

318 So. 2d 231 · District Court of Appeal of Florida · Jul 25, 1975

Certain purposes are clearly charitable. These include the relief of poverty, the promotion of education, the advancement of religion. So too, it is well settled that the promotion of health is a charitable purpose. … Jones said that at least three-fourths of her trust must be given to organizations who qualify for a charitable deduction, it does no violence to established rules of construction to hold that this constituted a mandate for

Ehringer v. Brookfield and Associates, Inc.

415 So. 2d 774 · District Court of Appeal of Florida · May 26, 1982

The fact that they earlier said she could act as a broker for the apartments did not clearly cover the transaction as it unfolded in this case. … She was trained and qualified to do what only registered real estate agents are trained to do (to bring the buyer and seller together to execute a contract).

ENDURANCE ASSURANCE CORPORATION v. PERRY H. HODGES, JR., as Personal Representative of the ESTATE OF NISHA SEJWAL

District Court of Appeal of Florida · Mar 24, 2021

The Estate filed a declaratory judgment action to establish its interpretation of the policy was correct. … Anderson, 756 So. 2d 29, 36 (Fla. 2000), the Florida Supreme Court stated that “[t]he presence of these qualifying [regardless] clauses evidences an established custom in the insurance industry as to the language used by

Pollard v. Browder

126 So. 2d 310 · District Court of Appeal of Florida · Feb 1, 1961

(a) That prior to the 1943-44 citrus fruit season the plaintiff and the defendants entered into a contract establishing an employer-employee relationship, the terms of which did not set forth clearly, concisely, and in definite … In construing the agreement between the parties we are particularly concerned with whether or not this oral contract qualified as a joint venture. The requirements of a joint venture have been set forth several times.

Nesbitt v. Eisenberg

139 So. 2d 724 · District Court of Appeal of Florida · Apr 10, 1962

Nesbitt, was appointed in the will and duly qualified as trustee of the testamentary trust. … The condition precedent of the trust not having been established, we reverse the findings of the chancellor and direct that he dismiss the petition. Reversed with directions.

Appel v. Scott

10 Fla. L. Weekly 2706 · District Court of Appeal of Florida · Dec 6, 1985

In its order, the court did not state whether the judgment was based upon the reasoning that the complaint failed to establish the jurisdiction of the court by sufficiently establishing the tenants' right to declaratory relief … A declaration by the court would either establish the appellants' right not to pay the increases or establish the appellees' right to collect the increases.

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.

Kieser v. OLD LINE LIFE INS. CO.

23 Fla. L. Weekly 1724 · District Court of Appeal of Florida · Jul 20, 1998

answered truthfully: (1) whether he had any other life insurance applications pending; (2) whether he had smoked cigarettes during the preceding 12 months; (3) whether he had had, been told he had, or been treated for Acquired Immune … Moreover, the fact that the answer to this question is subject to the Green exception has no bearing on the outcome because Frank clearly knew that he had been seen by the physicians and that, therefore, his negative answer

Kirk v. Western Contracting Corp.

216 So. 2d 503 · District Court of Appeal of Florida · Dec 5, 1968

Under the construction placed upon the Act by the trial court, plaintiff is immunized from liability for payment of the tax on the rentals paid for use of the dredges while they were in Florida solely because the lease or … to great weight, and that courts will not depart from such construction unless it is clearly erroneous.

A.M. v. State

District Court of Appeal of Florida · Jul 16, 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.

Cain v. Banka

932 So. 2d 575 · District Court of Appeal of Florida · Jun 30, 2006

Use of the plurals "races" or "practices" in the release does not, in and of itself, clearly and unequivocally establish that the release applied to all future visits. … Banka argues that the circumstances surrounding execution of the 1999 release establish clearly that it was part of a membership program at the track and was designed and understood to last for as long as the plaintiff remained

Jackson v. Leon County Elections Canvassing Board

204 So. 3d 571 · District Court of Appeal of Florida · Nov 22, 2016

Qualification refers to whether the constitutionally eligible candidate took the necessary steps to qualify to run for office. Id. … Commission to adjudicate a complaint challenging the eligibility of a candidate to hold the office of city commissioner, subject only to certiora-ri review in the circuit court, the process contemplated under the charter clearly

Atlas Subsidiaries of Florida, Inc. v. O. & O. INC.

166 So. 2d 458 · District Court of Appeal of Florida · Jul 2, 1964

Appellants first contend that the trial court did not exact of appellees the standard of proof required to establish the charge of usury, i.e., clear and satisfactory evidence, citing Shaffran v. … Cole, 119 Fla. 260 , 161 So. 392 , in which the Florida Supreme Court held that immunity cannot rest on the fact that counsel had advised the usurious lender that the transaction was not violative of the statute.

Infinity Home Care, L.L.C. and Sylvie Forjet v. Amedisys Holding, LLC

District Court of Appeal of Florida · Aug 19, 2015

Valuable confidential business or professional information that otherwise does not qualify as trade secrets. 3. … Section 542.335, however, clearly states that the legitimate business interests listed in the statute are not exclusive.

Fay v. Mincey

454 So. 2d 587 · District Court of Appeal of Florida · Jun 27, 1984

Poritz were clearly treatable within the scope of chiropractic medicine. § 460.403(3)(a), Fla. Stat. (1981). [13] Horowitz at 1308 . … It is well-established that an expert does not need a special degree or certificate in order to be qualified as an expert witness in a specialized area, such as thermography, but can be qualified by his "experience, skill

SCOT PETERSON v. ANDREW POLLACK

District Court of Appeal of Florida · Feb 12, 2020

Applying the Definitions to the Amended Complaint We address the “wanton and willful disregard” standard first, as that standard clearly is the most applicable to the amended complaint’s allegations here. … According to the complaints, the deputies either were enforcing an order communicated from the sheriff or his command personnel, or were enforcing the sheriff’s department’s policy or practice of establishing a secure perimeter