Case law

Berkley v. State Department of Environmental Regulation

347 So. 2d 467 · District Court of Appeal of Florida · Jun 30, 1977

The language above quoted clearly exempts the Biscayne Aquatic Preserve from the boundaries of the newly established Biscayne 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

State v. ET

560 So. 2d 1282 · District Court of Appeal of Florida · Apr 24, 1990

Moreover, an accused person who has been illegally arrested has no justifiable basis to claim that he is immune from any prosecution whatever or that somehow the courts lack personal or subject matter jurisdiction to try … Clearly, any evidence secured as a direct product of such illegal arrest would generally be inadmissible at the accused's trial, See, e.g., Brown v.

Vriesenga v. Vriesenga

931 So. 2d 213 · District Court of Appeal of Florida · Jun 14, 2006

The trial court also concluded that the former husband's retirement was not contemplated in establishing the amount of alimony at the time of dissolution, [4] and that the final judgment of dissolution did not otherwise preclude … While finding that the former wife was contributing to the support of her father and that such expenses were not the former husband's responsibility, the trial court found the former wife was clearly in need of alimony and

State Ex Rel. Shevin v. INDICO CORPORATION

319 So. 2d 173 · District Court of Appeal of Florida · Aug 28, 1975

The legislature did not even include them with the qualifying factor (reasonable grounds for the action) which it placed upon a citizen bringing such an action if the citizen were to escape assessment of costs against him … Merrill , [5] wherein Justice Boyd, speaking for the Court, said: "We are aware of decisions holding the State and its agencies immune from taxation of costs of litigation.

Anderson v. State

750 So. 2d 741 · District Court of Appeal of Florida · Feb 2, 2000

In Melbourne , the Florida Supreme Court established the following three step procedure for analyzing the racial, ethnic, and/or gender neutrality and genuineness of a peremptory challenge: Step 1 A party objecting to the … This is clearly a pattern here. Mr. Patrick, I think said three words this entire voir dire. He is a white male. He said nothing that would indicate he is not a qualified juror.

State v. Lampp

155 So. 2d 10 · District Court of Appeal of Florida · Jun 21, 1963

The position taken by the State, the petitioner, is as follows: It clearly appears from the application of the defendant, Edward R. … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

State Board of Control v. Clutter Construction Corporation

139 So. 2d 153 · District Court of Appeal of Florida · Mar 22, 1962

In order to establish that the mistake is one for which equitable relief may be granted, it must be established that it is one of such consequence that enforcement would be unconscionable; it must relate to the substance … The facts in Graham are clearly distinguishable from the facts present in this case, and accordingly called for the application of a different rule of law.

Metropolitan Dade County v. Blumenthal

675 So. 2d 598 · District Court of Appeal of Florida · Feb 21, 1996

Levy were just as qualified as an expert to testify as to zoning trends, the construction of one or two projects with densities of thirteen units per acre is not sufficient to establish a "trend." … We emphasized that there must be `a violation of a clearly established principle of law resulting in a miscarriage of justice. ' On the other hand, EDC held that a district court's [certiorari] review of an appellate circuit

Wyeth/Pharma Field Sales v. Toscano

40 So. 3d 795 · District Court of Appeal of Florida · Jul 7, 2010

The burden “is clearly on the claimant to connect the economic disruption to the compensable” injuries. Id. … resulted in a loss of wages which mathematically qualified her for TPD benefits.

Clair v. Glades County Bd. of Com'rs

635 So. 2d 84 · District Court of Appeal of Florida · Jan 25, 1994

The above opinions clearly state that during the selection process of a requested list of physicians, discrimination against a specific requested class may occur if an E/C fails to offer a representative from such class. … Under Alford , there must be a showing on the record that an orthopedist, for example, has training and experience in chiropractic skills of sufficient magnitude to establish that the witness is, in fact, an expert in chiropractic

Lutz v. PROTECTIVE LIFE INSURANCE COMPANY

951 So. 2d 884 · District Court of Appeal of Florida · Jan 3, 2007

Judgment on the pleadings may be granted when the moving party is clearly entitled to a judgment, as a matter of law, based solely on the content of the pleadings. See Reinhard v. … will give rise to a proceeding under the Declaratory Judgment Act inquires whether or not the party seeking a declaration shows that he is in doubt or is uncertain as to existence or non-existence of some right, status, immunity

Cristian Pozos v. State of Florida

District Court of Appeal of Florida · Feb 14, 2024

Neither the language of subsection 775.082(10), nor any cases cited by [the defendant], establishes that the subsection restricts a defendant’s total punishment to one year; the subsection only affects the … The statute also clearly provides that a danger finding is only required if a defendant is sentenced to a “state correctional facility,” which did not occur here.

Myers v. Korbly

103 So. 2d 215 · District Court of Appeal of Florida · Apr 23, 1958

The appellant vigorously and ably argues that Dollar was not qualified to testify as an expert under the circumstances of this case, or if he was so qualified, his testimony should not have been admitted because a proper … entitled to great weight in the appellate court because of the superior advantages possessed by the trial judge, who hears the testimony and observes the witnesses, and his decision will not be pronounced erroneous unless clearly

Mumford v. State

63 So. 3d 885 · District Court of Appeal of Florida · Jun 15, 2011

It is established law that unless the State appeals, even an objectively erroneous sentencing order may not subsequently be increased or otherwise affected to the detriment of the defendant. See Charles v. … The 2002 court incorrectly determined that the defendant’s prior convictions for burglary did not qualify for designation under the VCC statute. See Curi v. State, 36 So.3d 853 (Fla. 3d DCA 2010); Ubilla v.

SYLVESTER SYLVESTRE v. STATE OF FLORIDA

District Court of Appeal of Florida · Nov 20, 2019

“The district courts should exercise [their] discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. … Accordingly, no evidentiary hearing was required, and we deny 3 Defendant’s petition as the trial court did not violate “a clearly established principle of law resulting in a miscarriage

AA v. State

461 So. 2d 165 · District Court of Appeal of Florida · Dec 4, 1984

We find that there was a sufficient basis to support the officer's opinion and that the state thereby established the identity element of its prima facie case. … The testimony, therefore, was clearly within the purview of section 90.702, dealing with the admissibility of opinion testimony of experts. See Jones.

State v. Buckner

472 So. 2d 1228 · District Court of Appeal of Florida · Jun 19, 1985

Therefore, this dissenting opinion must establish a negative. … What must be the educational background of the teachers — must they be state certified or may "qualified" persons teach?

State v. Christopher

623 So. 2d 1228 · District Court of Appeal of Florida · Sep 14, 1993

Rather, we see it as the State proceeding with the assistance of the most qualified and prepared lawyer available to it, an aspect of this case not considered in the trial judge's order. … First, the State has clearly and unequivocally stated that it will not call Kastrenakes to testify on its behalf in this case.

Department of Transportation v. CSX Transportation, Inc.

128 So. 3d 209 · District Court of Appeal of Florida · Dec 11, 2013

The long-established rule is that “[sjtate agencies may exercise only those powers which are expressly granted by statute or which are necessarily implied from such express powers.” Op. Att’y Gen. … The indemnity clause at issue here does not qualify as such a contract because DOT lacked the statutory authority to enter into it. III.

RICHARD BENNETT v. STATE OF FLORIDA

District Court of Appeal of Florida · Nov 30, 2022

testify and report “was clearly prepared in anticipation of trial and meant to establish an element of the crime”). … analyst,” 147 N.M., at 496, 226 P.3d, at 10, the New Mexico Supreme Court believed that Razatos could substitute for Caylor because Razatos “qualified as an expert witness with respect to the gas