Case law

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.

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.

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.

Newell v. Best SEC. Systems, Inc.

560 So. 2d 395 · District Court of Appeal of Florida · May 2, 1990

The court stated: The rule in Florida is well established that a landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct. … This court also held that "[w]hether to provide security guards, parking attendants, security gates, and the numbers thereof, are clearly discretionary decisions." 385 So.2d at 1382 .

State v. Hampton

44 So. 3d 661 · District Court of Appeal of Florida · Oct 1, 2010

The evidence at issue clearly came from the scene of the undercover operation, but the State failed to prove that it was actually cocaine. In this case, there was competent testimony from a forensic chemist. … Authenticity in this type of case may well require testimony from a qualified expert, 2 but the question of identity is normally answered by evidence establishing a chain of custody.

Board of Commissioners of Sarasota County v. Gustafson

616 So. 2d 1165 · District Court of Appeal of Florida · Apr 16, 1993

As set forth above, appellants clearly have failed to show that the requirement was reasonable. They certainly have not shown it to be necessary to a compelling state interest. … It has become an established part of public life that residency is not a requirement in those situations where government entities rely on nationwide talent searches to fill key government executive positions.

Bradley v. Sanchez

943 So. 2d 218 · District Court of Appeal of Florida · Nov 1, 2006

The contract clearly requires that within five days of the operative date of the contract, December 4, 2002, the Bradleys "will apply for financing." … Furthermore, the record establishes that the parties agreed not to allow a waiver of any contractual term without putting it in writing.

Stickney v. Belcher Yacht, Inc.

424 So. 2d 962 · District Court of Appeal of Florida · Jan 11, 1983

The questions presented by this appeal are (1) whether by posting a “Beware of Dog” sign an owner of a dog is immune from statutory liability where the dog bites a person lawfully on the owner’s property, (2) whether Section … And even if scienter be established, liability, total or partial, does not automatically flow. .

Huss v. State

771 So. 2d 591 · District Court of Appeal of Florida · Nov 9, 2000

Appellant argued that his prior convictions of driving while his license was suspended or revoked did not qualify as prior convictions under the current statute because those convictions were pursuant to the previous statute … NOTES [1] The current statute sets forth three methods of establishing "knowledge," and includes a rebuttable presumption.

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.

State v. Investigation

802 So. 2d 1141 · District Court of Appeal of Florida · Jul 6, 2001

Therefore, the State clearly had the authority to issue the investigative subpoena in this case. … Even as the grand jury is immune from the requirement of showing materiality in compelling production of testimony and documentary evidence it desires, so is the State Attorney in his official sphere. Id.

Kuvin v. City of Coral Gables

62 So. 3d 625 · District Court of Appeal of Florida · Aug 25, 2010

The inevitable conclusion drawn from its opinion is that virtually any government action done under the guise of protecting the public health, safety, and welfare enjoys judicial immunity under its constrained version of … Kuvin’s, which qualified as a “commercial vehicle” because it weighed three-quarters of a ton. Id. at 771 .

State v. Manning

605 So. 2d 508 · District Court of Appeal of Florida · Sep 4, 1992

I'm doing this because the defendant's history is clearly, criminal history is drug related. The defendant is apparently dealing with these, drug counseling, his drug addiction. … The State also urges that section 775.084(4)(b)2, Florida Statutes, precludes the trial court from circumventing the ten year minimum mandatory sentence: (b) The court, in conformity with the procedure established in subsection

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.

Dept. of Prof. Reg. v. SOC. PROF. LAND SUR.

475 So. 2d 939 · District Court of Appeal of Florida · Sep 4, 1985

The rule sets forth those generally accepted types of "surveying" which qualified professional engineers have as a matter of course performed in this state. … Section 120.54(14), Florida Statutes (1983), provides: No agency has inherent rulemaking authority; nor has any agency authority to establish penalties for violation of a rule unless the Legislature, when establishing a penalty

Credicorp, Inc. v. State, Department of Banking & Finance

659 So. 2d 376 · District Court of Appeal of Florida · Jul 17, 1995

A small sampling of Credicorp’s membership records established that Credicorp solicited advance fees from at least 640 Florida residents. … We must thus determine whether Credicorp qualifies as a loan broker under any of the remaining sections of the statutory definition.

Westerheide v. State

888 So. 2d 702 · District Court of Appeal of Florida · Nov 19, 2004

The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional to examine the person. Such a professional shall have access to all records concerning the person. … Foucha clearly places the burden on the State to establish, by clear and convincing evidence, a defendant's insanity and dangerousness when the basis for his original confinement no longer exists; however, Foucha does not

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.