Case law

Doe v. SUNTRUST BANK

32 So. 3d 133 · District Court of Appeal of Florida · Jan 29, 2010

First, we note that the issue of whether Madelin is Doe's child, and thus a beneficiary of his trusts, is clearly at the heart of this litigation. … The court shall direct that the tests be conducted by a qualified technical laboratory. (2) In any proceeding to establish paternity, the court may, upon request of a party providing a sworn statement or written declaration

Eveland v. State

161 So. 3d 481 · District Court of Appeal of Florida · Jul 2, 2014

This gift was clearly beyond the forty-eight-hour period in which Mr. Eveland was required to -5- report. … However, this case is distinguishable from Tyler, in which the defendant introduced no evidence of his inability to pay, and Tyler's attorney simply relied on Tyler's status as indigent for purposes of qualifying for the

US Foundry & Mfg. Co. v. Serpa

564 So. 2d 559 · District Court of Appeal of Florida · Jul 16, 1990

He also felt that because he lacked any training as a security guard and did not know how to handle guns he was not qualified to perform the job. … The court held: The claimant is clearly not patently totally disabled, and there was no competent substantial medical evidence that claimant could not perform the duties of a civil bailiff.

Wisher v. News-Press Publishing Co.

310 So. 2d 345 · District Court of Appeal of Florida · Mar 5, 1975

Rptr. 896 , said: "Although it has not been clearly established that all matter contained in the report was obtained only upon the assurance to the informer that it would be held confidential, it is clear that in order to … If government cannot assure its employees of similar protection, then the public will be prejudiced by the inability of its agencies to attract qualified personnel.

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

Otero v. State

807 So. 2d 666 · District Court of Appeal of Florida · Nov 14, 2001

State, 776 So.2d 233 (Fla.2000), the court rejected this construction because "a number of crimes that would normally not qualify as felonies would suddenly be elevated to burglary." 776 So.2d at 239 . … Delgado added that defendant usually bears the burden of establishing permission to enter the premises but recognized that evidence presented by the state may itself establish this affirmative defense. 776 So.2d at 240 .

Beckman v. Rick's Watercraft Rentals

719 So. 2d 1025 · District Court of Appeal of Florida · Nov 4, 1998

The decided cases clearly establish that an accident like this one, which causes a serious injury to an occupant of a seagoing craft— even if no other vessel is involved and the defendants’ alleged negligence occurs on land … — fully qualifies under this definition.

LCEFA v. Hartsfield

669 So. 2d 1105 · District Court of Appeal of Florida · Mar 19, 1996

The LCEFA is a public corporate body established by the Leon County Board of County Commissioners by resolution and created pursuant to chapter 243, Part II, Florida Statutes. … Moreover, the court noted that counties are immune from state taxation, thus no additional statutory exemption was required. Id. at 526.

D.M.U. v. Department of Children & Family Services

917 So. 2d 984 · District Court of Appeal of Florida · Dec 28, 2005

However, mere inclusion in the order of the date on which the dependency hearing was held is insufficient to qualify as incorporation of the oral pronouncements made at the hearing. … An appellate court must overturn a trial judge’s determination that evidence is clear and convincing only when the trial court’s decision is clearly erroneous or lacking in evidentiary support.

RJ Reynolds Tobacco Co. v. Carter

951 So. 2d 105 · District Court of Appeal of Florida · Mar 14, 2007

In Kinney, the Florida Supreme Court set forth the following four-step analysis to employ when determining whether an action should be dismissed based on forum non conveniens: [1] As a prerequisite, the court must establish … Therefore, Tennessee is clearly a more convenient forum in which to litigate this case.

Bailey v. City of Tampa

163 So. 2d 528 · District Court of Appeal of Florida · Apr 17, 1964

This pension system is an elective one solely for qualified firemen and policemen, and those not electing to participate therein are covered by a general city employees’ retirement system. … The contract clearly provides that the city was required to build up this fund until a reserve of $500,000 was established and to maintain such a reserve; this the City has admittedly done.

Bared & Co., Inc. v. McGuire

670 So. 2d 153 · District Court of Appeal of Florida · Mar 20, 1996

A panel of this court previously determined that the petition failed to show clearly that petitioner was likely to suffer irreparable harm from the order for which it would have no remedy on appeal. … 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.

Barbara Myrick v. State of Florida

District Court of Appeal of Florida · Jan 21, 2026

As our supreme court has explained: [T]he district courts were established to preserve the Florida Supreme Court’s function as a supervisory body in the judicial system for the State, exercising appellate … The majority’s refusal to certify rests on the assertion that the Legislature “clearly” did not empower the statewide grand jury to indict for violations of its own secrecy.

Rivendell of Ft. Walton v. Petway

833 So. 2d 292 · District Court of Appeal of Florida · Dec 30, 2002

The petition clearly indicated Claimant was seeking benefits based on both a right knee injury and a back injury. Her January 4, 1999, amended petition requested the same benefits. … This represents another means of establishing MMI, aside from the more obvious one where a qualified professional opines that a claimant has reached "medical" MMI.

Department of Professional Regulation, Construction Industry Licensing Board v. Pariser

10 Fla. L. Weekly 2777 · District Court of Appeal of Florida · Dec 17, 1985

contractor on probation, or reprimand or censure a contractor if the contractor, or if the business entity or any general partner, officer, director, trustee, or member of a business entity for which the contractor is a qualifying … It is a well established rule “that agencies are to be accorded wide discretion in the exercise of their lawful rulemaking authority, clearly conferred or fairly implied and consistent with the agencies’ general statutory

Damen v. State

793 So. 2d 106 · District Court of Appeal of Florida · Aug 17, 2001

Clearly, the "he" in the first sentence refers to Mr. Damen and describes what the officer saw. The "he" in the third sentence cannot be Mr. Damen, however, as there is no record evidence that Mr. … The testimony failed to establish either that Mr. Damen had falsely labeled the blue baggie's contents or falsely identified the contents to the officer.

JonJuan Salon, Inc. v. Acosta

922 So. 2d 1081 · District Court of Appeal of Florida · Mar 22, 2006

The term "legitimate business interest" includes, but is not limited to: "[v]aluable confidential business or professional information that otherwise does not qualify as trade secrets," "[s]ubstantial relationships with specific … Here, the record clearly shows that Acosta violated the restrictive covenant by going to work at Michael Scott, which was within 10 miles of JonJuan, less than two years after she left JonJuan.

Village Apartments v. Hernandez

856 So. 2d 1140 · District Court of Appeal of Florida · Oct 22, 2003

By focusing only on written misrepresentations, the JCC clearly misconstrued the requirements necessary to invoke the sanctions provided by section 440.09(4). … Similarly, evidence of dishonesty in responses to discovery questions about prior accidents is relevant in the trial phase to establish the previous deception.

Edwards v. State

60 So. 3d 529 · District Court of Appeal of Florida · Apr 29, 2011

The records of the company were introduced at the hearing through a correction probation specialist, but they were clearly hearsay — the evidence showed they were compiled and maintained by Pro Tech. … The testimony of the monitoring company representative qualified its reports as “business records” and was thus sufficient to establish the violation.

James v. State

254 So. 2d 838 · District Court of Appeal of Florida · Dec 2, 1971

the same parties and issues under certain qualifying conditions, is not applicable to the case sub judice. … There never has been any doubt on this point since the establishment of the general doctrine (ante § 1364) in R. v.