Case law

Bardy v. WALT DISNEY WORLD COMPANY

643 So. 2d 46 · District Court of Appeal of Florida · Sep 23, 1994

When viewed in the light most favorable to appellant Michael Bardy, the record evidence established that, after finishing his shift one morning, Bardy, a Disney employee, decided to attend an employee party sponsored by Disney … common-law cause of action against social hosts, reasoning: We do not hold that we lack the power to [create such a cause of action], but we do hold that when the legislature has actively entered a particular field and has clearly

Let's Help Florida v. Smathers

360 So. 2d 494 · District Court of Appeal of Florida · Jul 13, 1978

The Legislature, having established such petition procedure, may, in its discretion, provide for a random sample type check of such signatures. … The mandated procedure in Article XI, Section 3, Florida Constitution, clearly constitutes the highest authority that may be cited. The final judgment entered by the trial court is AFFIRMED as modified by this opinion.

Western Acc. Co. v. St. Dept. of Rev.

10 Fla. L. Weekly 1500 · District Court of Appeal of Florida · Jun 13, 1985

This case is covered by the time-honored rule that the taxing authority must clearly establish that the entity sought to be taxed *509 is within the terms of the taxing statute. … We therefore reject Acceptance's position that alleged procedural improprieties require reversal of this case. [3] The dissent asserts that there is no case precedent or statutory authority clearly establishing that Acceptance

Ramos v. State

798 So. 2d 4 · District Court of Appeal of Florida · Aug 22, 2001

"Courts have long recognized that a police officer, when properly qualified as an expert, may testify regarding whether drugs were intended for personal use or for sale, based on the amount and packaging of the drugs." … Nevertheless the court proceeds to take up the case en banc only to recede from what is clearly dicta in a recent case in which we reversed a conviction for reasons apart from the dicta.

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 .

Kelly v. State

946 So. 2d 591 · District Court of Appeal of Florida · Dec 21, 2006

For qualifying sexual abuse cases, section 92.565(2) allows the state to introduce a confession into evidence if the trial court determines that the confession is trustworthy and that the state is unable to establish an element … Courts should decline to invoke the doctrine of ejusdem generis where the context and words of the statute clearly do not restrict application of the statute to objects of the same kind.

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132 · District Court of Appeal of Florida · Oct 16, 1991

For example, section 440.13 establishes an injured employee's right to "medically necessary remedial treatment, care, and attendance" by persons qualified to do so, and provides that this medical benefit shall be furnished … These awards have been made on the basis of a new claim for benefits under section 440.19 without requiring modification of any previous order establishing claimant at MMI, thereby establishing that the claimant is limited

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 .

Snyder v. City of Delray Beach

736 So. 2d 1243 · District Court of Appeal of Florida · Jun 30, 1999

On appeal the city also asks us to affirm the summary judgment on the theory of governmental immunity under section 768.28. … I am satisfied, however, that the trial court’s decision was based only on pleading deficiencies and not on immunity. . "14.

Frell v. Frell

154 So. 2d 706 · District Court of Appeal of Florida · Jun 25, 1963

Counsel for the appellants admitted that he was qualified to testify as an expert. The testimony of the appellant, J.C. … We find that the appellants have failed to carry their burden of clearly demonstrating error and the order appealed should be and is hereby affirmed. Affirmed.

STATE OF FLORIDA v. SHANE MANCUSO

District Court of Appeal of Florida · Feb 1, 2023

Background In 2012, the Seventeenth Judicial Circuit established a veterans court. … Based on the analysis in Cleveland I and Cleveland II that admission and participation in a pretrial intervention program requires consent by the state attorney, clearly court-ordered participation in such programs without

Wyche v. State

170 So. 3d 898 · District Court of Appeal of Florida · Jul 22, 2015

The defendant must therefore establish that fundamental error occurred. See Garzon v. State, 980 So.2d 1038, 1042 (Fla.2008). In Ray v. … Section 776.032 provides immunity from criminal prosecution and civil action for the justifiable use of force as permitted in sections 776.012, 776.013, and 776.031 (where the use of force is in defense of another).

Cunningham v. State

109 So. 3d 1261 · District Court of Appeal of Florida · Apr 3, 2013

We reverse and remand as to claim three, treated by the postconviction court as if filed under rule 3.800(a), because the records of previous convictions provided by the State and attached to the order on appeal do not clearly … Accordingly, although the release-date letter here bore the correct name, it alone was not enough to establish Cunningham’s status as an HFO.

A. Duda & Sons, Inc. v. St. Johns River Water Management District

17 So. 3d 738 · District Court of Appeal of Florida · Jul 17, 2009

However, the Legislature has also placed limitations on the districts’ regulatory powers by establishing certain exemptions to the districts’ rules and regulations. … the activity qualifies for the exemption. 6 .

Flanagan v. State

586 So. 2d 1085 · District Court of Appeal of Florida · Oct 14, 1991

clearly implied the answer. (Emphasis added.) … The record establishes only that the victim was taken to Dr.

Ring Power Corporation v. Condado-Perez

219 So. 3d 1028 · District Court of Appeal of Florida · Jun 21, 2017

It clearly meets the statutory requirements of an admission. Mr. … Paton's deposition to the jury; however, it is not clearly established in the record that the trial court ruled on Ring Power's request independent from its fourth request that the unredacted EMS Report be introduced into

Franklin v. State

10 Fla. L. Weekly 2313 · District Court of Appeal of Florida · Oct 9, 1985

However, the rule, though amended to eliminate the language that a defendant must be "continuously available" for trial to qualify for discharge, still requires a defendant to be "ready for trial." … There is no difference in meaning between the two phrases, and Owens was clearly not ready for trial during his competency determination. See Franklin v.

Rodriguez v. Howard Industries

588 So. 2d 646 · District Court of Appeal of Florida · Oct 25, 1991

medical evidence establishing that claimant is PTD. … Such a conclusion is also supported by the testimony of both claimant and his wife, who clearly indicated that claimant's wife was performing extraordinary services.

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida · Jul 19, 2024

Section 790.0655(1)(a) establishes a three-day waiting period for the purchase and delivery of firearms. … It is presumed that in adopting an amendment, the legislature intends to change the meaning of a statute unless a contrary intention is clearly 12  expressed.

Aquino v. DEPT. OF PROF. REG.

430 So. 2d 598 · District Court of Appeal of Florida · May 4, 1983

Uncontroverted testimony clearly established she has a reputation for fair and honest dealings. … Accordingly, it is concluded that applicant is qualified for licensure within the meaning of Subsection 475.17(1), supra, and the application should be granted. In State ex rel. Corbett v.