Case law

DEVON F. EVANS v. STATE OF FLORIDA

District Court of Appeal of Florida · Sep 13, 2019

Pearce, 395 U.S. 711 (1969),] and its progeny established 'a presumption of vindictiveness, which may be overcome only by objective information in the record justifying the increased sentence.' " (quoting United States … However, he claims that "anything above the fifteen-year PRR sentence was clearly vindictive" because the trial court was aware before trial that Mr. Evans "qualified as a HFO and PRR." To Mr.

City of Port Orange v. Sedacca

953 So. 2d 727 · District Court of Appeal of Florida · Apr 10, 2007

This court has previously refused to incorporate other subsections of the Act to add to or supplement the clearly delineated requirements set forth in section 440.151. See id. at 295 . … Clearly, this court found the disablement necessary to establish an occupational disease was an incapacity to work, which results in actual wage-loss.

Laura Lewis v. Dollar Rent A Car and ESIS WC Claims

220 So. 3d 1246 · District Court of Appeal of Florida · Jun 9, 2017

“A departure from the essential requirements of law,” the remaining element for certiorari review, is defined as “a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. … It is well established that a JCC has only the powers expressly provided by statute. See, e.g., McArthur v.

Williams v. State

400 So. 2d 471 · District Court of Appeal of Florida · Mar 25, 1981

The qualifying questions asked of the young witness by the prosecutor and the court, and the answers thereto, were even more detailed than the dialogue recited in Fernandez v. … ESTABLISHED AND THE APPELLATE COURT DETERMINES THE ERROR COULD NOT HAVE AFFECTED THE VERDICT?

Lombard v. Executive Elevator Service, Inc.

14 Fla. L. Weekly 1489 · District Court of Appeal of Florida · Jun 20, 1989

White should not have been excluded since it met all of the requirements of sections 90.702-90.705, Florida *455 Statutes (1987), in that (1) the witness was qualified to render an expert opinion, (2) his opinions were based … Sharp is clearly distinguishable because that procedure, apparently, was agreed to, and the evidence before that court was by way of a true proffer rather than compelled testimony, did not involve expert testimony, and required

TERRY L. BRAUN, PA v. Campbell

827 So. 2d 261 · District Court of Appeal of Florida · Jul 26, 2002

One authority has stated a class should exceed fifty members to qualify. Henry P. Trawick, Jr., Florida Practice & Procedure § 4-8 (2000 ed). … Barner, 799 So.2d 308 (Fla. 2d DCA 2001) (purchasers of corporate stock did not establish qualification for class certification of their action against accounting firm when they failed to present evidence establishing numerosity

Mordenti v. State

982 So. 2d 710 · District Court of Appeal of Florida · Feb 22, 2008

For her testimony, Gail Mordenti was offered complete immunity. … As the trial court below noted, "This is a defendant who's talking to his defense attorney making what are clearly obviously self-serving statements."

Ramirez v. Reemployment Assistance Appeals Commission

135 So. 3d 408 · District Court of Appeal of Florida · Feb 7, 2014

The court concluded that the Commission had “ignored” the family-emergency exception, which showed incontrovertibly that the claimant “clearly had a valid reason to leave his employment and to travel overseas to tend to his … Load King Manufacturing Company, 758 So.2d 649 (Fla.2000), that in a case of misconduct by absenteeism, the employer must prove “a serious and identifiable pattern of excessive absenteeism or late arrivals,” which must be established

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.

Landers v. Landers

429 So. 2d 27 · District Court of Appeal of Florida · Mar 2, 1983

The trial judge had established his own unique program for the conduct of child custody matters. … report, it does not authorize use of the report to obviate the right of the parties to a trial of their cause before the court whether or not a report is ordered, and the extent of consideration of the report by the court is clearly

Cirnigliaro v. FLORIDA POLICE STANDARDS, ETC.

409 So. 2d 80 · District Court of Appeal of Florida · Jan 14, 1982

Appellant had been charged not with failure to maintain his qualifications, but with not having been qualified initially. … Appellant was never qualified to be employed as a police officer and it would have been impossible for him to maintain the qualification that he " shall ...

Damianakis v. Philip Morris USA Inc.

155 So. 3d 453 · District Court of Appeal of Florida · Jan 7, 2015

In their motion, the Defendants argued: To prove that he qualifies as a class member, [Mr. … Farnan had been diagnosed with lung cancer in March 1996, this "clearly demonstrate[ed] her disease had manifested by [the cut-off date]." Id. With regard to Ms.

Johnston v. Johnston

979 So. 2d 337 · District Court of Appeal of Florida · Apr 3, 2008

Rather, the statute clearly establishes the necessary allegations, requisite trial court findings, and conduct that would prohibit disestablishing paternity. §§ 742.18(1)-(3), Fla. Stat. (2006). … Former Husband should be given the opportunity to prove why his petition qualifies under the statute, and Former Wife may then argue why he should not prevail under the statute.

City of Sweetwater v. Solo Const. Corp.

823 So. 2d 798 · District Court of Appeal of Florida · Aug 21, 2002

Paragraph 18 of the Instructions to Bidders established the basis for the award of the contract and provided: "The Contract will be awarded to the responsive, responsible Bidder submitting the lowest acceptable Proposal." … In fact, all of the committee members testified that they believed that Solo had appropriate experience, equipment and status and was qualified to perform the project.

STEVEN PAUL ANDERSON v. MARY MITCHELL

District Court of Appeal of Florida · Apr 5, 2019

Monroe, 276 So. 2d 547, 548 n.4 (Fla. 2d DCA 1973) (providing that statements given in compliance with section 316.066 are "immune from discovery"). … By deleting this language, the legislature clearly intended to change the statute from a true privilege to a law of admissibility.

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.

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.

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.

DHRS v. State

599 So. 2d 123 · District Court of Appeal of Florida · Mar 27, 1992

The fewer who qualify for detention, the lighter the burden on HRS. But this may not be attributable to HRS. … The legislature has clearly concluded that pre-adjudication detention of a juvenile should not be permitted unless he or she is an escapee or fugitive, or is charged with a very serious offense. [5] Cf. D.B. v.

City of Miami Beach v. State ex rel. Fontainebleau Hotel Corp.

109 So. 2d 204 · District Court of Appeal of Florida · Mar 4, 1959

“Only so much of the record as shall be necessary to show jurisdiction in the Supreme Court and establish facts relied upon by the petitioner shall be attached to or filed with the petition. … Also, appellee argues that this court should recognize a suggested likelihood that a certiorari petition, if one should be made pursuant to the notice of intention, would not qualify in the limited jurisdictional field created