Case law

Pan American Bank of Miami v. Osgood

383 So. 2d 1095 · District Court of Appeal of Florida · Apr 22, 1980

The false imputation of a poor credit standing is clearly actionable in libel. 20 Fla.Jur. Libel and Slander §§ 30-31. … Inman, supra , clearly negates any requirement of notice to Osgood under the facts of this case.

Florida Dept. of Transp. v. Piccolo

964 So. 2d 773 · District Court of Appeal of Florida · Sep 7, 2007

Kaklamanos, 843 So.2d 885, 889 (Fla. 2003) ("A district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage … Thus there is no clearly established law on this matter.

Westerheide v. State

767 So. 2d 637 · District Court of Appeal of Florida · Sep 29, 2000

First, the Act does not establish culpability for criminal conduct. … Would peeping Toms and Janes, or stalkers qualify?

Michael Crist v. State of Florida

District Court of Appeal of Florida · Jan 10, 2025

Ala. 2019) (“But the fact that a license is government speech does not mean it is immune from the compelled speech analysis.”); see also State v. … For example, government speech must comport with the Establishment Clause.” 555 U.S. at 468; see also Van Orden v.

Ankeny v. PALM BEACH COUNTY SCHOOL BD.

643 So. 2d 1127 · District Court of Appeal of Florida · Sep 16, 1994

While the evidence relied on by the judge clearly impeached Claimant's testimony regarding work searches, that evidence did not controvert competent medical testimony from other qualified medical experts, and thus did not … establish a lack of causation.

Department of Transp. v. Morehouse

350 So. 2d 529 · District Court of Appeal of Florida · Oct 4, 1977

as candidates for public office, but also had qualified for office before receiving approval. … Morehouse was not apprised of the disapproval until after the deadline for qualifying to run.

Florida First National Bank v. City of Jacksonville

310 So. 2d 19 · District Court of Appeal of Florida · Mar 20, 1975

and judicial functions as constituting the area of continuing immunity obviously implies that the performance of the executive or administrative function will constitute the area of potential liability. * * *" ( 201 So.2d … As will be seen from an application of the guidelines there established, the function of the employees of the appellee municipality in the case sub judice was clearly executive. [3] Since the liability of the municipality

Department of Revenue Ex Rel. Poynter v. Bunnell

51 So. 3d 543 · District Court of Appeal of Florida · Dec 21, 2010

Bun-nell, to establish paternity and her right to child support. … Record evidence in this matter indicates that the mother and father live at separate addresses, and that Poynter had qualified for and was receiving TANF funds.

Bover v. State

732 So. 2d 1187 · District Court of Appeal of Florida · Apr 28, 1999

Stat. (1993), and the record fails to establish the date of such release. … The word *1194 "patently" is defined as "openly, plainly or clearly." THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE 1326 (3d ed.1992).

Grant v. Credithrift of America, Inc.

402 So. 2d 486 · District Court of Appeal of Florida · Aug 6, 1981

Grant had the burden to establish her homestead claim. The court evidently concluded that Ms. Grant had the opportunity to establish her claim either in Credithrift's postsale litigation or in a suit that Ms. … Before levy, § 222.01 provides that a property owner "may" make a signed, written declaration that certain property qualifies as homestead and record this declaration in circuit court. Ms.

LR v. Department of Children & Families

822 So. 2d 527 · District Court of Appeal of Florida · Jul 17, 2002

In order to establish waiver of a right or privilege, one must establish the waiving party had a right or privilege, had actual or constructive knowledge of that right or privilege, and intended to relinquish that right or … As discussed, supra, section 63.0425 provides the court shall give first priority to petitions filed by grandparents who qualify under that statute.

Williams v. State

651 So. 2d 1242 · District Court of Appeal of Florida · Mar 10, 1995

While Williams is clearly guilty of unarmed robbery, we agree with his argument that the state failed to meet its burden of proving armed robbery. … However, the evidence presented in this particular case was insufficient to establish that the coffee was a weapon under the robbery statute, and therefore, we reverse the armed robbery conviction.

Wells v. Wells

24 So. 3d 579 · District Court of Appeal of Florida · Sep 16, 2009

On August 20, 2002, Cheryl and Cia Wells’ parents, Elaine and Carroll Wells, established the Wells Family Irrevocable Trust (the Trust). … The standard for determining the sufficiency of a complaint seeking declaratory judgment was established in May v.

Dade County Med. Ass'n v. Hlis

372 So. 2d 117 · District Court of Appeal of Florida · May 22, 1979

[emphasis supplied] Although the DCMA Ethics Committee undoubtedly qualifies as a "medical review committee" under § 768.40(1), see Feminist Women's Health Center v. Mohammad, 415 F. … By this decision, we do not establish a general common-law "privilege" of non-disclosure of documents of the character involved in this case, much less indicate the parameters of such a privilege.

Brown v. State

24 So. 3d 671 · District Court of Appeal of Florida · Dec 18, 2009

Arguably, Gant establishes an entirely new warrant-less search exception that requires some particularized belief that the place of arrest contains evidence. … Gonzalez, 578 F.3d 1130, 1133 (9th Cir.2009) (holding good faith exception cannot be applied). 9 We also find noteworthy that the Gant Court recognized that qualified immunity will shield officers from civil liability for

Beasley v. Mitel of Delaware

449 So. 2d 365 · District Court of Appeal of Florida · Apr 13, 1984

As counsel's objection asserts, the record in the present case fails to establish substantial compliance with the statutory procedure to determine blood alcohol content. … The Miami lab report was not self-authenticated, and the testifying associate medical examiner was not a "custodian or other qualified witness" as contemplated by the statute. See Brown v.

Davis v. Roos

326 So. 2d 226 · District Court of Appeal of Florida · Feb 3, 1976

Phelan, stated that the only question presented was whether the declaration affirmatively showed that the defendant was married and thus immune from enforcement of a contract of guaranty as to the payment of promissory notes … Clearly in point is the New York Court of Appeals case of Chapman v.

State v. Adams

683 So. 2d 517 · District Court of Appeal of Florida · Jun 28, 1996

It follows from this analysis that in establishing this aspect of the corpus delicti of assisting self-murder, the state need not establish the element of "deliberateness" before the appellee's statements to law enforcement … , the facts in the record clearly establish the existence of the corpus delicti of assisting self-murder.

Salazar v. State

398 So. 2d 831 · District Court of Appeal of Florida · Dec 24, 1980

Dunaway and Brown both involved defendants who were clearly seized and subjected to unlawful arrests. … established as in Brown and Dunaway.

In Re Guardianship of Walpole

639 So. 2d 60 · District Court of Appeal of Florida · Apr 27, 1994

The ward's mother also established a testamentary trust in her will for the benefit of the ward which has a corpus currently in excess of $264,000. … The Public Trustee claims good cause has not been established to warrant keeping the funds in Florida.