Case law

Ward v. State

519 So. 2d 1082 · District Court of Appeal of Florida · Feb 1, 1988

The court denied the motion, ruling that the study of child sexual abuse was sufficiently established to permit an expert to state an opinion as to whether the patient's symptoms were consistent with child sexual abuse. … As the majority opinion clearly explains, the psychologist in this case, Dr.

Zorick v. Tynes

372 So. 2d 133 · District Court of Appeal of Florida · Jun 8, 1979

Before rules establishing HEW's enforcement apparatus became effective in May 1977, 45 C.F.R. … Section 1983 : Every person who, under color of any . . custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States . .. to the deprivation of any rights, privileges, or immunities

Department of Children and Families v. Kenneth Williams, Jr., and State of Florida

District Court of Appeal of Florida · May 8, 2026

The district courts should grant a petition for certiorari only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. See Haines City Cmty. Dev. v. … Therefore, DCF has established irreparable harm.

Se Volusia Hosp. Dist. v. Nat. U. of Hosp. and Health Care Emp.

429 So. 2d 1232 · District Court of Appeal of Florida · Mar 16, 1983

Define the proposed bargaining unit and determine which public employees shall be qualified and entitled to vote at any election held by the commission. 2. … As such, we recognize the principle that long-standing statutory interpretations made by officials charged with the administration of statutes should be given great weight by the courts and will not be overturned unless clearly

Black Business Investment Fund of Central Florida, Inc. v. State, Department of Economic Opportunity

178 So. 3d 931 · District Court of Appeal of Florida · Nov 8, 2015

Appellant further argues that the trial court erred by finding that its affirmative defenses and counterclaims were barred by either the contract or by sovereign immunity. … This confusion, however, did not rise to the level necessary to establish a claim for equitable estoppel. See Hoffman v. State, Dep’t of Mgmt. Servs., Div. of Ret., 964 So. 2d 163, 166 (Fla. 1st DCA 2007).

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.

Nezi v. State

119 So. 3d 517 · District Court of Appeal of Florida · Aug 16, 2013

Nezi, you know, ‘cause certainly, clearly the need for restitution is great there. It’s a substantial amount of money. … A defendant’s poverty in no way immunizes him from punishment.

Fairview Properties v. Pate Const. Co.

638 So. 2d 998 · District Court of Appeal of Florida · Jun 15, 1994

638 So.2d 998 (1994) FAIRVIEW PROPERTIES, INC., a Virginia corporation qualified to do business in the State of Florida as Fairview South, Inc., Appellant, v. … The cited opinions clearly support the denial of section 57.105 attorney's fees at bar as only two counts of Pate's complaint were dismissed on a directed verdict, and Pate actually prevailed in trial on several of these

Beers v. Beers

724 So. 2d 109 · District Court of Appeal of Florida · Oct 23, 1998

Considered in this context, the "standard of living" factor clearly passes constitutional muster. II. … Our holding here is not contrary to Waite, supra, which abrogated the doctrine of interspousal tort immunity.

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

District Court of Appeal of Florida · Jul 19, 2024

T.M.H. indisputably donated her egg, and the statute clearly anticipates that the person seeking to take advantage of either exception is both the donor and one of the prospective parents. … B.O.C. subsequently filed suit to establish paternity and visitation with the child. Id. at 762.

Tarver v. STATE, DEPT. OF HEALTH, ETC.

371 So. 2d 190 · District Court of Appeal of Florida · May 16, 1979

There do not appear to be cases clearly on point to the issue involved herein. … Once facial eligibility has been established, it must then be determined whether there exists any congressional authority for a state exclusion.

Krause v. Reno

366 So. 2d 1244 · District Court of Appeal of Florida · Feb 6, 1979

Unfortunately neither case is squarely on point and each case is clearly distinguishable from the case presently at issue before the Court. … to the point of reducing the number of applicants to four or five which they would then recommend to the City Manager and which would constitute an official act on their part, brings them, in the judgment of this Court, clearly

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.

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).

Valdes v. GAB Robins North America, Inc.

924 So. 2d 862 · District Court of Appeal of Florida · Feb 22, 2006

Capital moved to dismiss, claiming immunity under sections 440.105, 440.1051 and 626.989 of the Florida Statutes and claiming that the complaint failed to state a cause of action under any of the seven theories asserted. … proceeding in Valdes' favor. [1] Alleging only that a prior action ended favorably, is not enough: It is axiomatic that a plaintiff in a malicious prosecution case must, as an essential element of that cause of action, establish

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401 · District Court of Appeal of Florida · Dec 27, 1995

In rejecting the claimant's position that the lack of notice waived worker's compensation immunity, the court concluded that "the critical act contemplated by the statute to secure to employer and employee the benefits thereunder … On the other hand, when the addition of a word is necessary to prevent an act from being absurd and in order to conform the statute to the obvious intent of the Legislature, then words which were clearly omitted through some

Dolan v. State

598 So. 2d 291 · District Court of Appeal of Florida · May 15, 1992

But we think two separate episodes were clearly established. Thus, 80 victim injury points could be appropriately assessed on the score-sheet. Brown v. State, 581 So.2d 242 (Fla. 5th DCA 1991) and Carter v. … Nonetheless, it appears to us these two battery sessions were distinct enough to qualify as separate epi *293 sodes. See Smith v. State, 463 So.2d 542 (Fla. 5th DCA 1985).

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.

Folmar v. Young

591 So. 2d 220 · District Court of Appeal of Florida · Jun 26, 1991

That statute is clearly in derogation of the common law principle of sovereign immunity and must, therefore, be strictly construed: Statutes in derogation of the common law are to be construed strictly, however. … They will not be interpreted to displace the common law further than is clearly necessary.

Rudolph v. Miami Dolphins, Ltd.

447 So. 2d 284 · District Court of Appeal of Florida · Dec 30, 1983

The Miami Dolphins qualified as a self-insured employer under the Florida Workers' Compensation Act. … The provisions of section 440.11 granting employers immunity from suit are not applicable to bar suit by these players against the Miami Dolphins.