Case law

Turner v. FLORIDA STATE FAIR AUTHORITY

974 So. 2d 470 · District Court of Appeal of Florida · Jan 25, 2008

The Authority is organized and established under the provisions of sections 616.251 through 616.265, Florida Statutes (2003 & 2004). … In addition, section 616.260 suggests that lands leased by the Authority are exempt from ad valorem taxation only if the leased lands qualify for an exemption under section 196.199.

Apthorp v. Detzner

162 So. 3d 236 · District Court of Appeal of Florida · Feb 23, 2015

Apthorp’s case arises under Chapter 86, the Declaratory Judgment Act, which authorizes trial courts to render declaratory judgments on the existence, or non-existence, of any immunity, power, privilege, or right. § 86.011 … within a qualified blind trust.

Nevin v. Palm Beach County School Bd.

958 So. 2d 1003 · District Court of Appeal of Florida · May 25, 2007

Salazar's findings and opinions are covered by work-product immunity. … This is clearly a categorical claim of privilege, and the category referenced is undeniably protected by work-product immunity.

Wardlow v. City of Miami

372 So. 2d 976 · District Court of Appeal of Florida · Jun 26, 1979

Generally, the rule of privilege has been recognized in favor of public officers, whether such privilege is absolute or qualified, as immunizing them from suit for libel or slander for statements made in connection with the … Initially, it is understood that each case must be judged on an individual basis, but it is imperative that certain guidelines be further established for the sake of a common sense analysis to be incorporated into the interpretation

Fessenden v. State

52 So. 3d 1 · District Court of Appeal of Florida · Oct 29, 2010

Fessenden clearly has had his conviction and sentence vacated by a court of competent jurisdiction. … Although not a complete waiver of sovereign immunity, the Victims of Wrongful Incarceration Compensation Act is in the nature of a statute waiving sovereign immunity.

BANK OF AMERICA, N.A. v. LISA S. DULBERG DE MORALES

District Court of Appeal of Florida · Dec 9, 2020

Resha, 648 So. 2d 1187, 1189 (Fla. 1994) (“[A]n order denying qualified immunity is ‘effectively unreviewable on appeal from a final judgment,’ as the public official cannot be ‘re-immunized’ if erroneously required to … Jeffrey, 178 So. 3d 460, 465 (Fla. 1st DCA 2015) (certiorari available against order denying officer’s assertion of qualified immunity but not against denial of state’s assertion of sovereign immunity, since potentially

Tucker v. Resha

634 So. 2d 756 · District Court of Appeal of Florida · Mar 30, 1994

The award of money damages against Tucker naturally implicates the doctrine of sovereign immunity. … That case, however, held only that the provision is "clearly implicated" in a woman's decision not to continue her pregnancy. Id. at 1192 .

Wald v. City of Margate

756 So. 2d 168 · District Court of Appeal of Florida · Mar 29, 2000

Once the facts are established, the test applied by the court to those facts is the “ ‘objective legal reasonableness’ of the action ... in light of the legal rules that were ‘clearly established’ at the time it was taken … Under those circumstances Officer Edstrand would not be “entitled to the defense of qualified immunity since [his] conduct violated clearly established constitutional law.” Redo v.

Wausau Ins. Co. v. Haynes

683 So. 2d 1123 · District Court of Appeal of Florida · Dec 11, 1996

We cannot agree that Sullivan conclusively establishes workers compensation immunity under what we understand at this point to be the facts and attempted claim for relief. … "An adverb, an adverbial phrase, or an adverbial clause may qualify several parts of speech, but a noun is not one of them." Theodore M.

COURTNEY ENTERS. INC. v. Publix Super Markets, Inc.

788 So. 2d 1045 · District Court of Appeal of Florida · Apr 18, 2001

From 1978 until 1996 Publix leased space in the shopping center to Kissinger, who operated a dry-cleaning establishment next to Courtney's property. … program; and second, that it was also entitled to immunity under section 376.3078(11), Florida Statutes (Supp.1998), because it had conducted a voluntary clean-up before qualifying for the program.

Hogan v. Deerfield 21 Corp.

605 So. 2d 979 · District Court of Appeal of Florida · Oct 7, 1992

However, this statutory defense of exclusiveness of remedy is only available to those who qualify as either an "employer" or a "contractor" within the meaning of the workers' compensation law. … Cohen, 287 So.2d 56 (Fla. 1973), the court reaffirmed the Jones holding that an owner who had no liability under the law to secure compensation for a contractor's employee did not qualify as a "contractor" or "statutory employer

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852 · District Court of Appeal of Florida · Mar 3, 1995

The gravamen of their supplementary petition was that the injury to their son did not qualify as a birth-related neurological injury as defined in the Plan. … immunity is an affirmative defense to a traditional tort action.

Horne v. SCHOOL BD. OF MIAMI-DADE COUNTY

901 So. 2d 238 · District Court of Appeal of Florida · Apr 18, 2005

The court determined that if the " Morgan immunity" is to have any meaning, the protection the immunity affords must continue when the official departs from public service. Id. … former officials to depositions without satisfying the necessary requirements be unduly burdensome for the officials, it could very well, as the court in Wal-Mart Stores, Inc. explained, serve as a significant deterrent to qualified

Stancel v. Schultz

226 So. 2d 456 · District Court of Appeal of Florida · Sep 19, 1969

V, § 6(6) of the Constitution, F.S.A., rather clearly limit his duties and authority to the judicial circuit wherein he has been duly elected and qualified. F.S. § 27.01 et seq., F.S.A. … Clearly, the relator does not have statutory immunity [1] which would bar prosecution. [2] Our immunity statute, supra, deals only with investigations or proceedings in the courts and does not include investigations or hearings

Bishop Associates Ltd. v. Belkin

521 So. 2d 158 · District Court of Appeal of Florida · Feb 4, 1988

Therefore, we disagree with appellants' assertion that the Division's interpretation treats those who qualify as developers differently, based on their residency. … appellants have not established that the Division's interpretation places a "heavy burden on an out-of-state resident's ownership of condominium property in Florida."

STATE, DEPT. OF HLT. & REHAB. SERV. v. Whaley

531 So. 2d 723 · District Court of Appeal of Florida · Jun 29, 1988

medical and psychiatric care for Whaley after the incident, since there was no evidence to establish that Whaley suffered any additional damages due to such failure. … On the above reasoning the supreme court answered the certified question with a qualified no, declining to recede from its *728 position in Commercial Carrier that the approach must be case by case.

Raulerson v. State of Florida

District Court of Appeal of Florida · Apr 30, 2025

On these facts, Raulerson has failed to show clearly and conclusively that he is immune from prosecution and that the trial court is acting beyond its jurisdiction. … Goodrich Co., 192 So. at 177. 6 The question for us is whether, when applying the law to those facts, the petitioner is clearly immune. Cf. Smith v.

DaimlerChrysler Corp. v. Hurst

949 So. 2d 279 · District Court of Appeal of Florida · Feb 7, 2007

However, "[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 of justice." … DCC contends that the trial court violated clearly established law by finding that the retroactive application of the Act is violative of the plaintiff's due process rights. We agree.

Martin Electronics, Inc. v. Glombowski

705 So. 2d 26 · District Court of Appeal of Florida · Aug 26, 1997

Clearly, the orders on appeal in these cases do not contain the specific language which is required by Hastings II. … In dealing with the issue of orders denying summary judgments on the basis of qualified immunity in civil rights actions, the Supreme Court of the United States has recognized the importance of deciding issues of immunity

DRJ Atlantic, LLC D/B/A Hyundai of Jacksonville v. Amir Babadi,Cheryl Yeschenko, State Farm Mutual Automobile Insurance Company and Progressive American Insurance Company

District Court of Appeal of Florida · Sep 5, 2024

Regarding claims of immunity, the rule permits interlocutory review of orders that deny claims of “(i) absolute or qualified immunity in a civil rights claim arising under federal law; . . . … As our supreme court explained in the context of qualified immunity—which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to