Case law

Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Commission

41 So. 3d 1014 · District Court of Appeal of Florida · Aug 6, 2010

However, this Court can overturn a legal conclusion of the Commission that is clearly erroneous. See Ford v. Se. Atl. Corp., 588 So.2d 1039, 1040 (Fla. 1st DCA 1991). … Having faded to satisfy the conditions for admissibility, no error can be established on appeal on this ground.

Cenvill Communities, Inc. v. Brown

409 So. 2d 1147 · District Court of Appeal of Florida · Feb 11, 1982

Where rehabilitation is involved, the date of maximum medical improvement is artifically established by statute after the rehabilitation program has been completed. … The carrier argues that a claimant does not qualify for rehabilitation program benefits until such time as he commences the classroom program.

Endress v. State

10 Fla. L. Weekly 293 · District Court of Appeal of Florida · Jan 30, 1985

Miller, an associate Hillsborough County Medical Examiner, was called and qualified as a medical expert to establish the cause of death of the victim. … While there are cases which fall on both sides of the issue of suppression under somewhat similar circumstances, we feel that the circumstances of this case clearly support the trial court's refusal to suppress.

Mims v. State

994 So. 2d 1233 · District Court of Appeal of Florida · Nov 19, 2008

In this motion, Mims alleged that "The[] convictions that the trial court relied on to qualify the defendant as a habitual felony offender do[] not satisfy the substantive requirements necessary to qualify the defendant as … "Every person" clearly includes Mr. Mims, just as it included Clarence Gideon.

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

Stroemel v. Columbia County

930 So. 2d 742 · District Court of Appeal of Florida · May 4, 2006

Appellant purchased this property for the purpose of establishing a single family dwelling, as well as a rustic canoe and kayak rental operation. … Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; b.

Department of Health & Rehab. Serv. v. Owens

305 So. 2d 314 · District Court of Appeal of Florida · Dec 31, 1974

, including at least one licensed and qualified physician, one licensed and qualified psychologist, and one qualified social worker, to examine the applicant and to testify in person at the admission to residential care hearing … every examining commission in the state in each involuntary admission case before the various circuit courts, and if placement and treatment by appellant is to be supervised and prescribed by court order, such should be clearly

State v. Eash

367 So. 2d 661 · District Court of Appeal of Florida · Jan 31, 1979

Unless predicated upon some rational basis other than the waiver it would clearly be outside the legislative grant or purpose. … The sufficiency of the information must be measured by established legal standards and not by this collateral action of the prosecutor.

Koren v. School District of Miami-Dade County

46 So. 3d 1090 · District Court of Appeal of Florida · Oct 27, 2010

Although the PERC found that Ko-ren’s participation in a civil rights action in March 2008 qualified as protected activity and met the first prong of the Pasco test, the General Counsel also found that Koren failed to prove … The PERC also dismissed the amended complaint as insufficient to establish a pri-ma facie violation of an unfair labor practice.

Vreuls v. Progressive Employer Services

881 So. 2d 688 · District Court of Appeal of Florida · Aug 30, 2004

This is consistent with the doctrine of the last antecedent, relied upon by the JCC, which provides that "relative and qualifying words, phrases and clauses are to be applied to the words or phrase immediately preceding, … The 80% of AWW weekly compensation rate which appellant urges this court to apply clearly is for "temporary total disability" benefits only. § 440.15(2)(b), Fla. Stat.

DIOCESE OF PALM BEACH, INC. v. FATHER JOHN GALLAGHER

249 So. 3d 657 · District Court of Appeal of Florida · May 9, 2018

I (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”), has its core application in cases where a court intrudes on a church’s autonomous management … defamatory report . . . occurred as part of this religious dispute and would require the trial court to weigh their effect on the board members as compared to the effects of the other considerations which clearly

Eliakim v. State

884 So. 2d 57 · District Court of Appeal of Florida · Mar 10, 2004

In addition, the court ruled that appellant could elicit details regarding any benefits Martelo received from her plea agreement, including any immunity she was offered. … For example, a court may have discretion in deciding whether a specific declaration factually qualifies as an excited utterance.

STATE DHSMV v. Killen

667 So. 2d 433 · District Court of Appeal of Florida · Jan 24, 1996

In the performance of any of the powers, duties, and functions authorized by law, members of the Florida Highway Patrol shall have the same protections and immunities afforded other peace officers, which shall be recognized … As the party having the burden of establishing error on appeal, appellant clearly assumed the risk that his efforts in the court to elevate a factual ambiguity to the level of a constitutional defense would be resolved against

TAMPA MEDICAL ASSOCS. v. Estate of Torres

903 So. 2d 259 · District Court of Appeal of Florida · May 25, 2005

Section 400.147(1) requires every facility to establish an internal risk management and quality assurance program which must include an incident reporting system. … However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented during

GLENDALE FED. S & L v. State, Dept. of Ins.

485 So. 2d 1321 · District Court of Appeal of Florida · Mar 13, 1986

This order clearly amounted to agency action for which the Administrative Procedure Act provides a remedy. … Under established judicial precedent, a suit in circuit court challenging the constitutional deficiencies in the administrative process should not be allowed. Key Haven, 427 So.2d at 158 .

Henig v. State

820 So. 2d 1037 · District Court of Appeal of Florida · Jul 10, 2002

In order to qualify as a proper category 2 permissive lesser-included offense, the indictment or information must allege all the statutory elements of the subject lesser offense, and the evidence at trial must establish each … The record clearly reflects defense counsel's request that simple trespass be included in the jury instructions. The trial court made it clear at that time that it was denying the requested instruction. See State v.

Bjm v. Dept. Health & Rehab. Serv.

627 So. 2d 512 · District Court of Appeal of Florida · Sep 28, 1993

In the present case, it is undisputed, as the majority recognizes, that HRS was providing services to B.J.M. pursuant to a permanent placement plan established by court order authorized by section 39.452, Florida Statutes … However, the failure to render services if done in a wanton and willful manner, as described, and a cause of action for money damages against HRS, its agents, servants, and employees under an elevated standard, is clearly

Scott Herman v. Gary Ewers

District Court of Appeal of Florida · Dec 17, 2025

The “duty rests upon the appealing party to make error clearly appear.” Id.; accord Congress Park Office Condos II LLC v. First-Citizens Bank & Tr. … Such testimony is generally permitted even when the owner is “not qualified as an expert.” Salvage & Surplus, Inc. v. Weintraub, 131 So. 2d 515, 516 (Fla. 3d DCA 1961).

Hamlet Country Club, Inc. v. Allen

622 So. 2d 1081 · District Court of Appeal of Florida · Aug 4, 1993

The club argues that the bylaws, prior to amendment, clearly and unambiguously required that there had to be over 365 members before a member was entitled to resign and obtain redemption. … The court held that under the club’s articles and bylaws the rights of membership were qualified from the outset, thus the board of directors’ abolition of the bylaw violated no vested right of the affected members.

Ursry v. State

428 So. 2d 713 · District Court of Appeal of Florida · Mar 9, 1983

He filed a notice of intent to rely on the defense of insanity and stated that he expected to establish his insanity through numerous witnesses including Michael H. Zelenka, Ph.D. Appellant listed Michael H. … State, 420 So.2d 615, 618 (Fla. 4th DCA 1982), The correct rule is clearly set forth in Pouncy v. State, 353 So.2d 640 (Fla. 3d DCA 1977).