Case law

White v. Dept. of Children and Families

981 So. 2d 1233 · District Court of Appeal of Florida · May 15, 2008

The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional *1235 to examine the person. … The Department's response suggests that the committing court may have already done so, but does not conclusively establish that to be the case.

Rogers v. Rogers

746 So. 2d 1176 · District Court of Appeal of Florida · Dec 8, 1999

The former husband's own testimony establishes a dubious motivation for retirement. See Dragland v. Dragland, 584 So.2d 46 (Fla. 2d DCA 1991). … Clearly, the effects of his retirement are financially devastating to both parties.

De La Mora v. Andonie

51 So. 3d 517 · District Court of Appeal of Florida · Dec 15, 2010

Article X, sections 4(a) and 4(b) afford qualifying homestead property life-time and death-time exemptions from forced sale. Id. … However, the statutory draftsmen did not remove the phrase “who resides thereon,” as clearly should have occurred. See supra at n. 4.

Vic Potamkin Chevrolet, Inc. v. Horne

12 Fla. L. Weekly 960 · District Court of Appeal of Florida · Apr 7, 1987

It is for the State of Florida, not Potamkin, to determine who is qualified to drive. … Because Potamkin's duty arose prior to the transfer of title, section 319.22(2), providing immunity for acts occurring after the transfer of title, offers Potamkin no support.

Kings Ridge Community Ass'n v. Sagamore Insurance Co.

98 So. 3d 74 · District Court of Appeal of Florida · Jul 6, 2012

Finally, the record establishes that the building is structurally unsafe and cannot be occupied for its intended purpose. Clearly, one cannot occupy a building if it has completely fallen down or caved in. … The policy does not clearly require total destruction for a “collapse” to occur.

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.

METRO. DADE COUNTY v. Yearby

580 So. 2d 186 · District Court of Appeal of Florida · Apr 2, 1991

II The central contention raised on appeal is that the contents of the accident report filed by Dade County's employee constituted inadmissible hearsay evidence which did not qualify for admission under any of the exceptions … accident report, the subject statement was an accurate representation of his findings concerning the traffic investigation he conducted in this case; whether based on firsthand knowledge or not, we think this statement clearly

World Insurance Company v. Kincaid

145 So. 2d 268 · District Court of Appeal of Florida · Jul 10, 1962

While it is the sole province of the jury to decide issues of fact, its verdict cannot stand if it is based on evidence that is essentially illegal, contrary to natural laws, opposed to common knowledge, or clearly inconsistent … "THE COURT: The Court has ruled he can qualify as an expert. *273 "MR. BECKS: Your Honor, this man is an expert and we have so qualified him.

Lowry v. Logan

650 So. 2d 653 · District Court of Appeal of Florida · Feb 9, 1995

Accordingly, there is no factual basis in the record on which appellees can establish a basis for reliance on section 440.04(2) to sustain the summary judgment. … Clearly, in Mandico there was evidence of a conscious choice of remedies, and the claimant had the power to and did assert this choice.

Smith v. Treadwell

161 So. 2d 49 · District Court of Appeal of Florida · Feb 18, 1964

No list of qualified electors and no authenticated ordinances of said Town were located. 10. … Thus, the legislature clearly provided for an eventuality which could readily be foreseen — that is, the failure of City Commissioners to call an election seeking to oust them from office.

Ward v. State

936 So. 2d 1143 · District Court of Appeal of Florida · Aug 16, 2006

Section 394.913 clearly contemplates Ryce Act filings against individuals brought into custody in Florida after January 1, 1999, for a non-sexual offense where the qualifying sexual offense is a prior conviction in a non-Florida … The law is well established that in adopting procedural rules, the court does not adjudicate substantive rights. See Ramos v. State, 505 So.2d 418, 421 (Fla.1987).

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.

Charity v. Florida State University

680 So. 2d 463 · District Court of Appeal of Florida · Mar 13, 1996

as stipulated and the evidence presented below, which consisted of documentary exhibits and published materials, together with the testimony of the petitioner, the hearing officer found that the petitioner had faded to establish … order, states, in part: *465 Since the subject matter of proposed rule 6C2-5.0021 would appear to be encompassed within the boundaries of curriculum identified in Hazelwood, 4 the various publications set forth in the rule qualify

Misdraji v. Misdraji

702 So. 2d 1292 · District Court of Appeal of Florida · Oct 15, 1997

The transcript reveals that the husband presented testimony before the trial court to establish that: (1) the husband no longer owns his business, (2) for a time after the liquidation of his business the husband generated … DeHart: The trial court is, of course, best qualified to sort out domestic-relations problems and arrive at the most equitable result under the circumstances.

Bj v. Dept. of Children and Family Servs.

983 So. 2d 11 · District Court of Appeal of Florida · Jun 5, 2008

Finally, the mere absence of arrest or conviction for subsequent *13 criminality, while certainly a positive for petitioner, does not clearly and convincingly establish his rehabilitation. … Further, the reason for this rejection clearly involves a rejection of the findings of fact rather than conclusions of law.

Morgan Stanley DW Inc. v. Halliday

873 So. 2d 400 · District Court of Appeal of Florida · Apr 14, 2004

agents is authorized, or it is reasonably necessary for the performance of the duties of the trust, if the trustee, while acting prudently and with reasonable care, employs an agent, who is apparently honest and properly qualified … Clearly therefore agency also supplies no legal basis to make this arbitration agreement binding on the Trust beneficiary.

Sabastier v. State

12 Fla. L. Weekly 811 · District Court of Appeal of Florida · Mar 18, 1987

The evidence clearly establishes that he was practicing medicine as defined in section 458.305(3), Florida Statutes (1985), and accordingly he was required to obtain a license under section 458.311. … Neither the record nor the briefs provide any clues as to why the legislature, in its infinite wisdom, has chosen the one over the other and we quite obviously are not qualified to make any choice on our own.

Companioni v. City of Tampa

958 So. 2d 404 · District Court of Appeal of Florida · Mar 30, 2007

Our legislature has established the minimum qualifications for juror service. … Thus, the trial judge concluded that at least one juror clearly failed to disclose this critical information.

Graff v. McNeil

322 So. 2d 40 · District Court of Appeal of Florida · Oct 27, 1975

to make any showing that the defendants failed to make payments on the real estate required by the purchase money note and mortgage." (184 So.2d at page 893: Emphasis added) By use of the conjunction "or" the court there clearly … The time to ascertain whether the defendant in automobile personal injury litigation has immunity by reason of § 627.737(1), F.S. 1973, is at or near the outset, not after the already-burdened judicial system has carried

Garner v. State

218 So. 2d 460 · District Court of Appeal of Florida · Feb 7, 1969

for separate counsel is made and the record reveals no prejudice to have resulted from failure to appoint a separate lawyer for each defendant, or (b) where a joint defendant does request separate counsel, but the State clearly … Merely because a couple of witnesses had supposedly given affidavits prior to trial which contradicted existence of the facts upon which the State relied for conviction does not prima facie establish that the factual testimony