Case law

City of Tampa v. Islands Four, Inc.

364 So. 2d 738 · District Court of Appeal of Florida · Sep 27, 1978

forfeited or revoked, at least six (6) months shall elapse before another license or permit shall be given for public dancing to the same person or corporation forfeiting such license, or on the same premises unless it shall be clearly … We do, however, accept its conclusion that the action of the city council was quasi-judicial. [5] It is well established that a municipal corporation is immunized from liability for its acts which are of a quasi-judicial

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.

Jernigan v. Progressive American Ins. Co.

12 Fla. L. Weekly 454 · District Court of Appeal of Florida · Feb 5, 1987

We agree with the court below that these provisions, which operate to deny the plaintiff benefits for his injuries under the facts of this case, are contrary to the public policy established by the legislature in section … Clearly, under the Boynton definition of an "uninsured vehicle," a vehicle can be insured and uninsured under the same policy.

AMISUB (North Ridge General Hospital, Inc.) v. Department of Health & Rehabilitative Services

577 So. 2d 648 · District Court of Appeal of Florida · Mar 28, 1991

However, it contends that, because it draws patients from Service District IX, it is operating a “program” within that district, thus qualifying it to challenge the Boca Raton CON. … The agency’s statutory construction is entitled to great weight, and is not to be overturned on appeal unless clearly erroneous. Skiff's Workingman’s Nursery v. DOT, 557 So.2d 233, 234 (Fla. 4th DCA 1990).

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

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

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.

Kinner v. State

382 So. 2d 756 · District Court of Appeal of Florida · Apr 2, 1980

Such a defect would clearly go to the foundation of the case. Consequently, we may consider the issue on this appeal. … The court shall appoint no fewer than three disinterested experts qualified in the field of mental retardation, including at least one licensed and qualified physician, one licensed and qualified psychologist, and one qualified

Stith v. Stith

384 So. 2d 317 · District Court of Appeal of Florida · Jun 11, 1980

Aldrich, 163 So.2d 276 (Fla. 1964), the court referred to the law in this respect as clearly established and settled. … NOTES [1] Typically such women are too young to qualify for social security benefits and have no minor child qualifying them to receive AFDC benefits. Our opinion in Desilets v.

Berkley v. State Department of Environmental Regulation

358 So. 2d 552 · District Court of Appeal of Florida · Jun 30, 1977

The language above quoted clearly exempts the Biseayne Aquatic Preserve from the boundaries of the newly established Biseayne Bay-Cape Florida to Monroe County Line Aquatic Preserve. … (emphasis supplied) The subject lands admittedly being privately held and lying landward of the established bulkhead, the provisions of Section 258.39, Florida Statutes, clearly excluded them from the Biscayne Bay Aquatic

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.

Houghton v. Bond

680 So. 2d 514 · District Court of Appeal of Florida · Apr 24, 1996

Benedict's non-apportionment testimony, which the court expressly found him qualified to give, established that the "something" was the Blazer dashboard and that Bond's head injuries, whatever they were, were suffered when … Counsel clearly did not object to opinions expressed in reliance on government test data.

Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Co.

13 Fla. L. Weekly 761 · District Court of Appeal of Florida · Mar 22, 1988

First, it ignores the rule that a relative or qualifying phrase is to be construed as referring to its nearest antecedent. Kirksey v. State, 433 So.2d 1236 (Fla. 1st DCA 1983); Brown v. … Landrum involved an entirely different tariff which immunized the power company from liability from ordinary negligence.

Sheridan v. State

850 So. 2d 638 · District Court of Appeal of Florida · Jul 25, 2003

Clearly, the case law permits circumstantial evidence to be used to establish the identity of certain controlled substances such as marijuana and crack cocaine. See Brooks v. State, 762 So.2d 879, 893-94 (Fla.2000). … Similarly, the record here fails to establish that Mr. Sheridan was a dealer or that he was qualified to offer an opinion as to the exact weight of the drug by visual inspection.

Cosme v. State of Florida

District Court of Appeal of Florida · May 22, 2026

The State then further exacerbated the error in closing argument by expressly relying on the improper testimony in order to establish the victim's credibility. … But where the State has violated the defendant's due process rights so clearly and egregiously, we have no choice other than to order a new trial.

Hordis Bros., Inc. v. Sentinel Holdings, Inc.

562 So. 2d 715 · District Court of Appeal of Florida · Apr 24, 1990

, Florida Statutes (1989), requires that a corporation so qualified shall "enjoy the same, but no greater, rights and privileges as a domestic [Florida] corporation... ." … nonresidents, without establishing exigent circumstances warranting prejudgment relief, would call into question the constitutionality of the statute.

Vessel Described as One 36 Foot Mirage, BHN CBD 36011M831 Displaying Florida Registration Numbers FL5182 Em v. State, Department of Natural Resources

11 Fla. L. Weekly 946 · District Court of Appeal of Florida · Apr 22, 1986

The final judgment reads in part as follows: “Upon stipulation of the parties, Sergeant McGilvary was qualified as an expert witness in the law enforcement aspects of drug smuggling. … McGilvary also testified that imprints of objects matching the dimensions of marijuana bales were found clearly impressed upon the surface of the cabin’s carpet and upholstery.

Reynolds v. State Farm Mut. Auto. Ins. Co.

611 So. 2d 1294 · District Court of Appeal of Florida · Dec 30, 1992

A child, a parent, or a spouse would qualify; others may or may not, depending on their relationship and the circumstances thereof. [e.s.] 478 So.2d at 20 . … These, however, are not exclusive; other relationships may qualify. Each one will be closely scrutinized on a case-by-case basis.

Orando Ricardo Thompson v. State of Florida

257 So. 3d 573 · District Court of Appeal of Florida · Oct 15, 2018

Before trial, Thompson moved to dismiss the charge, arguing that he was immune from prosecution pursuant to the Stand Your Ground Law. The trial court conducted an evidentiary hearing and denied the motion. … case does not establish that the weapon used was deadly as a matter of law.”

Willis v. State

148 So. 3d 480 · District Court of Appeal of Florida · Sep 19, 2014

The case law is still developing on the type of precedent that qualifies as “binding appellate precedent” that is sufficient to permit “objectively reasonable reliance.” Compare United States v. … Such an affidavit clearly would not have provided probable cause to search the personal photographs on Mr. Willis’s cell phone.