Case law

Azcunce v. Estate of Azcunce

586 So. 2d 1216 · District Court of Appeal of Florida · Sep 17, 1991

On June 25, 1986, decedent executed a second codicil which removed a certain person as a Trustee in order to qualify for a marital deduction under the federal and state tax laws. … Sparber, Shevin, et al., 586 So.2d 1221 (Fla. 3d DCA 1991), clearly reflects that it is virtually uncontroverted that Rene R.

City of Riviera Beach v. Fitzgerald

11 Fla. L. Weekly 1873 · District Court of Appeal of Florida · Aug 27, 1986

Appellants argue that Fitzgerald failed to present any evidence which established a deprivation of a protected property interest. … Since Fitzgerald was the only qualified candidate for promotion to the rank of captain, he had a reasonable expectation that Darden would either promote him to captain or substantially comply with the city's duly promulgated

State v. Will

645 So. 2d 91 · District Court of Appeal of Florida · Nov 9, 1994

He would of course be entitled to relief if he showed that he did not qualify as a habitual offender because such a showing would clearly meet the manifest injustice standard of Williams. … See 597 So.2d at 354 . [5] In fact, the trial court commented that defendant has fourteen prior felony convictions and clearly qualifies as a habitual offender. [6] This portion of Ashley states: In sum, we hold that in order

State v. Causey

898 So. 2d 1096 · District Court of Appeal of Florida · Mar 24, 2005

petition seeking certiorari review of a pre-trial order entered by the trial court regarding the admission of statements made by an alleged child victim. [1] Concluding that the order entered by the trial court violates a clearly … established principle of law, we grant the petition, quash the trial court's order, and remand this matter for further proceedings. [2] Steven Causey (defendant) was charged with committing the crime of sexual battery upon

State v. Walthour

876 So. 2d 594 · District Court of Appeal of Florida · Jun 4, 2004

There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the Defendant. 8. … Since the undisputed facts in this case establish Walthour did not use the steak knife in a threatening manner, it may not qualify as a deadly weapon. See M.L. v.

State v. Jones

30 So. 3d 619 · District Court of Appeal of Florida · Mar 12, 2010

Stein-brecher, 409 So.2d 510, 511 (Fla. 3d DCA 1982)); Although a pretrial order may qualify for certiorari, the writ should be issued only when “there has been a violation of a clearly established principle of law resulting … The Florida Supreme Court, applying Crawford to a Florida Department of Law Enforcement (FDLE) lab report “used to establish the illegal nature of the substances [a defendant] possessed,” addressed whether that report was

Watley v. Florida Power & Light Co.

192 So. 2d 27 · District Court of Appeal of Florida · Nov 3, 1966

After the filing of its answer, appellee-moved for summary judgment and in support thereof filed affidavits, including those of two qualified electrical engineers, the effect of which was to show that the power line had been … Testimony that is contrary to natural laws, opposed *30 to common knowledge or clearly inconsistent with the circumstances, cannot create an issue.

Le v. Lighthouse Associates, Inc.

57 So. 3d 283 · District Court of Appeal of Florida · Mar 30, 2011

The defendant argued that the toxicologist was not qualified to render opinions on infectious diseases or theories related to the causation of infectious diseases such as the virus at issue. … The court clearly articulated that the claimant had the burden of proof. On a motion for summary judgment, however, the defendant has the burden of proof. Lindsey, 50 So.3d at 1206 .

State v. Miles

732 So. 2d 350 · District Court of Appeal of Florida · Jan 27, 1999

test was performed by a qualified operator with the proper equipment and (3) expert testimony was presented concerning the meaning of the test. … Therefore, beginning at 12:01 a.m. on April 1, 1994, the State shall not be allowed the benefit of the presumptions established in section 316.1934, Florida Statutes (1989), unless (a) the state has established reasonably

Breed Technologies, Inc. v. AlliedSignal Inc.

861 So. 2d 1227 · District Court of Appeal of Florida · Dec 12, 2003

On appeal, the applicable standard of review requires that we review the trial court's factual decisions "to determine whether they are supported by competent, substantial evidence or whether they are clearly erroneous. … When Piper challenged venue, the plaintiffs responded by establishing that Piper had contractual agreements with two separate Dade County entities.

Freeport Ridge Estates, Ltd. v. Reckner

266 So. 2d 129 · District Court of Appeal of Florida · Jul 11, 1972

An overview of the facts clearly establishes that Heritage, by reason of Freeport’s complete control of financial affairs and policy decisions, was the agent of Freeport and that Reckner was to function as a sub-agent. … Reckner’s duty to fly prospective purchasers to Grand Bahama Island will qualify as the requisite ministerial act.

Riordan v. State

275 So. 3d 226 · District Court of Appeal of Florida · Jun 28, 2019

The court "must make findings to establish a nexus between sentencing an offender to a nonstate prison sanction and the resulting danger that a nonstate prison sanction could present to the public." Reed v. … A prison sentence imposed on a qualifying defendant who scores 22 or fewer sentencing points constitutes an upward departure sentence. Bryant v. State , 148 So. 3d 1251 , 1258 (Fla. 2014).

Bailey v. Laurie, DeSantis

District Court of Appeal of Florida · Aug 6, 2025

Rather, our cases make plain that the misconstruction must contradict law of the other State that is clearly established and that has been brought to the court’s attention.”). … The Governor determined that Bailey failed to qualify for office because he was a convicted felon and thus not qualified to hold office. See Art. VI, § 4(a), Fla. Const.

Oliver v. State

239 So. 2d 637 · District Court of Appeal of Florida · Oct 1, 1970

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … The state attorney, by direct examination, established that she was acquainted with appellants Colbert and Billy Ray Oliver.

Gutierrez v. Medina

613 So. 2d 528 · District Court of Appeal of Florida · Jan 26, 1993

That conclusion was qualified by the caveat that "[h]is scores ... may have been depressed as a result of underlying anxiety, unfamiliarity with testing situations or lack of ability to maintain himself task oriented for … Uncontradicted testimony established that the father terminated any further discussions on the issue following the parties' repeated arguments.

Florida Department of Health v. Pups Pub TPA, LLC, & Pups Pub Orlando, LLC

District Court of Appeal of Florida · Apr 30, 2025

Section 120.56(4), Florida Statutes (2023), authorizes a challenge to an agency statement that qualifies as an unadopted rule. … Pups Pub does not contend that bars and lounges are not food service establishments or that dogs do not qualify as “live animals” under the language of the rule.

Roberts v. State

990 So. 2d 671 · District Court of Appeal of Florida · Sep 18, 2008

This statement is clearly inadmissible hearsay and not within the exception for medical treatment. … Clearly, the testimony at issue does not fall within the exception provided by section 90.803(4).

Oishi v. State

400 So. 2d 480 · District Court of Appeal of Florida · May 6, 1981

In order for Shapiro to claim that his fourth amendment rights were violated, he must first establish that he had a reasonable expectation of privacy to be free from this particular intrusion by the detective. … Passengers seeking entry should know that the exigencies of plane hijackings may subject them to such searches; there is no reasonable expectation that any baggage is immune. Shapiro v.

Lamaritata v. Lucas

823 So. 2d 316 · District Court of Appeal of Florida · Aug 16, 2002

Lucas qualifies as a sperm donor. We just as easily reject Mr. Lucas's argument that he and Ms. Lamaritata constitute a "commissioning couple." … Lamaritata, an intent clearly set forth in the parties' contract. A person who provides sperm for a woman to conceive a child by artificial insemination is not a parent.

Stambor v. 170-SECOND COLLINS

10 Fla. L. Weekly 690 · District Court of Appeal of Florida · Mar 12, 1985

The defendant did not use an anti-skid mat at the water station where the plaintiff fell, and the above testimony was relevant to establish that the failure to so provide such a mat constituted negligence on the part of the … In order to qualify as a past recollection recorded, the document in question must, among other things, be "[a] memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection