Case law

State v. Taylor

928 So. 2d 473 · District Court of Appeal of Florida · May 4, 2006

Sowers, 763 So.2d 394, 399 (Fla. 1st DCA 2000) ("To be entitled to certiorari relief, the State must demonstrate that the trial court's order amounts to a violation of a clearly established principle of law, resulting in … "While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved *476 for those situations where `there has been a violation of a clearly established principle

State Comprehensive Health Ass'n v. Carmichael

706 So. 2d 319 · District Court of Appeal of Florida · Dec 24, 1997

Once Carmichael established that the medical expenses qualified for coverage under the policy, the burden shifted to defendants to prove that the expenses were not covered by virtue of a policy exclusion. … As to this issue, we cannot state that the trial court’s findings were clearly erroneous or against the manifest weight of the evidence. See Sladek v.

Public Trustee of Stewart House v. First Union National Bank

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.

Southern Bell Tel. and Tel. Co. v. Beard

597 So. 2d 873 · District Court of Appeal of Florida · Apr 10, 1992

The courts will not depart from such a construction unless it is clearly unauthorized or erroneous." (Citation omitted.)). … Fitzgerald, "Should Florida Adopt a Qualified Privilege for Self-Critical Analyses?" The Fla.

Harry's Rest. v. Dept. of Bus. Reg.

456 So. 2d 1286 · District Court of Appeal of Florida · Oct 2, 1984

half an hour later the waitress returned with a menu and said that the key had been found, but the only things available on the menu were the hamburger and cheeseburger platters. [1] On both nights a band was playing, the establishment … The emphasized language clearly shows that a violation may not be based on a licensee's income over a period of less than one year.

Sutton v. State

929 So. 2d 1105 · District Court of Appeal of Florida · May 10, 2006

We find that it was error to admit this letter as a basis for enhancing Sutton's sentence as a prison releasee reoffender and a habitual felony offender because the letter was clearly hearsay and therefore inadmissible. … Because the release letter was the sole evidence relied upon to establish that Sutton qualified as a prison releasee reoffender and habitual felony offender, we reverse and remand for resentencing.

Bollone v. Department of Management Services, Division of Retirement

100 So. 3d 1276 · District Court of Appeal of Florida · Nov 26, 2012

Thus, “any felony could qualify as a specified offense, so long as the remaining conditions in the statute have been met.” Id. at 742 . … While Appellant’s letter to TCC’s President did not state what his addictive behaviors were, he was clearly referring to his computer-related activities, and he admitted that he made mistakes.

Bain v. State

730 So. 2d 296 · District Court of Appeal of Florida · Jan 29, 1999

Bain stipulated that he qualified as a habitual violent felony offender. … Legislative responsibility for establishing the parameters of county court jurisdiction is broader still.

In Re Estate of Odom

397 So. 2d 420 · District Court of Appeal of Florida · Apr 24, 1981

We feel it helpful to set out here the applicable provisions of those sections to see how clearly they interrelate. … by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subparagraph (ii) is ineffective to qualify the father or his

Karma Thornton and Connie Thornton v. American Family Life Assurance Company etc.

225 So. 3d 1012 · District Court of Appeal of Florida · Sep 13, 2017

At the time the policy was issued, I.R.C. § 152(a)(1) defined “dependent” to be a “qualifying child.” “Qualifying child” was in turn defined in section 152(c)(1) as: (c) Qualifying child. … Ruderman, 117 So. 3d 943, 951 (Fla. 2013) (explaining insurance company has duty to limit liability under policy “clearly and unambiguously”).

Moncrief v. STATE, COM'R OF INS.

415 So. 2d 785 · District Court of Appeal of Florida · Jun 8, 1982

The Department was required to establish its allegations under Count II by a record foundation. … On the other hand, the conduct alleged as to Count III was clearly established since there is no factual dispute that Moncrief's office was not open during the specified morning hours during March, 1979.

VonDrasek v. City of St. Petersburg

777 So. 2d 989 · District Court of Appeal of Florida · Sep 1, 2000

Clearly, Reyes requires such notice. Instead, the issue is whether the City could file an evasive answer to the complaint, request and accept from Mrs. … They should clearly and adequately inform the judge [and] the opposing party ... of the position of the pleader."

RAM OF SO. FL., INC. v. WCI Communities, Inc.

869 So. 2d 1210 · District Court of Appeal of Florida · Mar 26, 2004

Green, 101 So.2d 805, 807 (Fla.1958) ("We have recognized the presumption that a legislative act operates prospectively unless the intent that it operate retrospectively is clearly expressed."). … persons who were not immune from liability when tort claim arose).

Florida House of Representatives v. Romo

113 So. 3d 117 · District Court of Appeal of Florida · May 22, 2013

If that was indeed what the supreme court meant, it will need to say so more clearly. … See In re Perry, 60 S.W.3d at 861-62 (precluding depositions of redistricting board members and their aides, which the court characterized as “an almost unprecedented incursion into legislative immunity,” because the plaintiffs

Jesse David Hicks v. State of Florida

District Court of Appeal of Florida · Oct 15, 2025

Nor does Erlinger change what facts qualify as part of the fact of prior conviction. … As to Alleyne, Florida’s PRR statute clearly imposes mandatory minimum sentences. See, e.g., § 775.082(9)(a)3.b., Fla. Stat.

Cirelli v. Ent

885 So. 2d 423 · District Court of Appeal of Florida · Oct 18, 2004

of a statutory way of necessity; and 4) the requirements necessary to establish a statutory way of necessity under section 704.01(2), which clearly indicate that a statutory way of necessity is not the sort of claim MRTA … The Requirements Necessary To Establish A Statutory Way Of Necessity Clearly Indicate That It Is Not The Sort Of Claim MRTA Is Intended to Extinguish When the provisions of MRTA and the purpose for its enactment are considered

Tucker v. State

987 So. 2d 717 · District Court of Appeal of Florida · Jun 20, 2008

The supreme court answered the certified question with “a qualified no.” Id. … Lowrey’s counsel clearly had been diligent because the juror had been repeatedly asked about prior crime accusations.

Denson v. State

711 So. 2d 1225 · District Court of Appeal of Florida · May 13, 1998

The trial court imposed two habitual offender sentences that are clearly illegal. … Stat. (1995), and that the offense could be used to qualify Mr. Denson for treatment as a habitual offender.

BD. OF TRUSTEES OF CITY OF MIAMI FIRE FIGHTERS'& POLICE OFF. RET. TRUST v. Fernandez

675 So. 2d 638 · District Court of Appeal of Florida · Jun 5, 1996

We agree that this case clearly qualifies as a "judicial proceeding ... brought under or pursuant to the provisions of this chapter." … NOTES [1] "The City of Miami Fire Fighters' and Police Officers' Retirement Trust Board, at their meeting of September 16, 1994, moved to deny your request for disability retirement as it was not established that your disability

Ruth v. State

610 So. 2d 9 · District Court of Appeal of Florida · Nov 13, 1992

It was Cappabianca's opinion alone that purported to establish the actual presence of drugs in connection with the use of the aircraft. When offered for that purpose, the opinion testimony is impermissible. … As such, admission of Cappabianca's statement was clearly error.