Case law

Captain Romine, Sgt. T.J. Lingo, Julie L. Jones, Secretary of The Florida Department of Corrections, and Warden Coker v. Derrick Allen

262 So. 3d 855 · District Court of Appeal of Florida · Dec 28, 2018

mandamus petition was pending in this Court. 2  (a) Fails to state a claim for which relief may be granted; (b) Seeks monetary relief from a defendant who is immune … “Mandamus may be used only to enforce a clear and certain right; it may not be used to establish such a right, but only to enforce a right already clearly and certainly established in the law.” Id.

Commercial Union Assurance Co. of Canada v. Wynn

656 So. 2d 615 · District Court of Appeal of Florida · Jun 28, 1995

Harris, 197 So.2d 567, 570 (Fla. 3d DCA 1967) (“It is well established that where an agreement is clear and unambiguous in its terms, evidence of a different intent by one of the parties than that expressed in the agreement … Since Wynn’s accident occurred subsequent to the amendment of section 624.422, process served upon the Insurance Commissioner was clearly sufficient for the court below to acquire in personam jurisdiction over Commercial

Gaudet v. Board

900 So. 2d 574 · District Court of Appeal of Florida · Oct 13, 2004

Gaudet also contended that he was qualified for licensure under section 471.015(3)(b). … Since the scrivener's error is clearly apparent from the record, on remand the Board is instructed to correct the error. See Mitchell v. Mitchell, 841 So.2d 564, 568 (Fla. 2d DCA 2003).

Cf Chemicals, Inc. v. Fla. Dept. of Labor, Etc.

400 So. 2d 846 · District Court of Appeal of Florida · Jul 10, 1981

Alumbaugh, who offered the personnel document into evidence, was clearly its custodian, or otherwise responsible for it, since he was petitioner's personnel supervisor. … His testimony also established that Hall's supervisor, Cumbee, filled out the form in the regular course of business, on March 4, 1980, and that such written attendance records were regularly completed and maintained to protect

Huff v. Belcastro

127 So. 2d 476 · District Court of Appeal of Florida · Mar 2, 1961

The trial court refused to allow testimony of an expert witness offered to establish that the minimum speed of the vehicle exceeded the lawful speed limit. … NOTES [1] The trial court commented: "If a man can be qualified, he is qualified."

Browning v. Poirier

128 So. 3d 144 · District Court of Appeal of Florida · Nov 8, 2013

is a qualifier. … Thus, a contract by Michelangelo to paint the ceiling of the Sistine Chapel, although devoid of an express time for performance, might be invalid under the statute if it is “clearly established” in the evidence that it cannot

Garvin v. Jerome

721 So. 2d 1224 · District Court of Appeal of Florida · Dec 18, 1998

Assuming that is the pool to which the statute has a reference, Garvin made no effort to establish what the correct number of qualified voters was, on the date the Supervisor of Elections certified the 15 percent petition … If all of the allegations in a recall petition are legally insufficient, the election should clearly be enjoined. See Bent v. Ballantyne, 368 So.2d 351 (Fla.1979); Taines v.

Young v. State

744 So. 2d 1077 · District Court of Appeal of Florida · Sep 29, 1999

The defense asked for a reason why Bayonne, an African-American male, would not be qualified as a juror. The state responded "[t]he guy couldn't understand. … Nothing in the record indicates that the trial court's ruling was clearly erroneous. Ms. Santiago The state struck Ms. Santiago.

Citrus County v. Florida Rock Industries

726 So. 2d 383 · District Court of Appeal of Florida · Feb 12, 1999

That section allows an applicant to preserve development rights, provided it can establish various conditions. … Unemployment Appeals Comm'n, 702 So.2d 572, 575 (Fla. 5th DCA 1997) (conclusions of law of agency that construes a statute which it is charged to enforce, while not immune from judicial review, are entitled to great deference

L.B. v. Naked Truth III, Inc.

117 So. 3d 1114 · District Court of Appeal of Florida · Feb 8, 2012

L.B.’s expert, a forensic sociologist, who works with OSHA in developing security guidelines for late-night retail establishments, was no more qualified to render an opinion that this was a random, opportunistic, preventable … No abuse of discretion has been shown because the qualification and scope of an expert lies within the sound discretion of the trial court, McCrary was clearly qualified to render the opinions he offered, and McCrary’s testimony

State v. Wilson

793 So. 2d 1003 · District Court of Appeal of Florida · Jun 20, 2001

Wilson qualified as a prison releasee reoffender and was sentenced as such pursuant to section 775.082(8), Florida Statutes (1997). … Section 775.084 is not a general sentencing statute but instead applies only to defendants who qualify under its provisions for enhanced sentencing.

Fernando C. Gomes v. Victor Maniglia

District Court of Appeal of Florida · Sep 11, 2024

P. 1.360(a)(1) (“A party may request any other party to submit to . . . examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.”). 2 See Fla. R. Civ. … Royal, 370 So. 3d 1020, 1024 (Fla. 6th DCA 2023) (“A departure from the essential requirements of law, alternatively referred to as a violation of clearly established law, can be shown by a misapplication of the plain

Webb v. State

426 So. 2d 1033 · District Court of Appeal of Florida · Jan 19, 1983

the grand jury testimony does not qualify under section 90.801(2)(a) as testimony given under oath "at a[n] ... other proceeding... ." … Castro-Ayon, 537 F.2d 1055 (9th Cir.1976). [8] legislative history of Rule 801 clearly establishes that statements made before a grand jury are within the scope of the rule.

Smith v. Moore

782 So. 2d 955 · District Court of Appeal of Florida · Apr 10, 2001

The trial court treated this six-month sentence for violation of community control as a qualifying "other commitment" under the habitual offender statute. … Furthermore, Appellant's sentencing document on its face clearly indicates that Appellant is to be "imprisoned" for a term of six months.

Blackburn v. State, Com'n on Ethics

589 So. 2d 431 · District Court of Appeal of Florida · Nov 15, 1991

LaCroix, however, as the evidence establishes that [appellant] requested that he prepare the article specifically for her use in her private political campaign. 9. … (2) It is also essential that government attract those citizens best qualified to serve.

Hirsch v. Hirsch

642 So. 2d 20 · District Court of Appeal of Florida · Aug 5, 1994

We reverse because the trial court's findings of fact establish that the father failed to demonstrate that his reduction in income was involuntary. … NOTES [1] We remind trial counsel that this narrow exception is limited to errors of law which clearly appear on the face of the judgment.

Wallace v. Guzman

687 So. 2d 1351 · District Court of Appeal of Florida · Feb 26, 1997

We affirm. [1] The Authority is a housing finance authority established pursuant to chapter 159, Florida Statutes (1995), with its sole purpose being the providing of affordable housing loans to qualified Dade County residents … Thus section 655.057(1), Florida Statutes (1995) quite clearly protects the public's right to access to documents submitted to the department which are public records of other agencies.

Frase v. Branch

362 So. 2d 317 · District Court of Appeal of Florida · Jul 26, 1978

In Florida, homestead property may consist of up to 160 contiguous acres of qualified rural land. … However, once the landowner has dealt with others in a manner establishing an exercise of his right of selection, the landowner may be held to that selection.

Glenn Brosnan v. State Farm Florida Insurance Company and Lucille V. Brosnan

District Court of Appeal of Florida · Aug 20, 2024

The sidebar established that the discrepancy would go to credibility, and State Farm stated that it would read the deposition as part of its case. … That’s because Appellant bore the burden of proof to establish a policy-period loss, and his sibling relationship with his sister qualifies as a special relationship.

Raymond v. State

257 So. 3d 624 · District Court of Appeal of Florida · Nov 2, 2018

(finding witness's statements made during 911 call qualified as admissible excited utterances); see also Taylor v. … The entirety of the State's argument as to harmless error is as follows: VICTIM'S COMMENTS CLEARLY FALL UNDER THE EXCITED UTTERANCE EXCEPTION TO THE HEARSAY RULE. ANY ERROR HARMLESS.