Case law

Walker v. McDonough

929 So. 2d 1127 · District Court of Appeal of Florida · May 24, 2006

The individual defendants filed a motion to dismiss for failure to state a cause of action, entitlement to qualified immunity, entitlement to sovereign immunity, and failure to comply with conditions precedent under section … In Wilson , our supreme court established a bright-line rule for motions to dismiss for failure to prosecute.

Citizens Property Ins. Corp. v. Calonge

246 So. 3d 447 · District Court of Appeal of Florida · Apr 18, 2018

The Court specifically noted: Because qualified immunity of public officials involves immunity from suit rather than a mere defense to liability, we reasoned that immunity from suit is effectively lost … qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted.

Shepard v. State

65 So. 3d 1085 · District Court of Appeal of Florida · Jun 8, 2011

This decision does not establish that the arrest was unlawful. … It established merely that the officers were not entitled to qualified immunity and that Shepard had stated a claim sufficient to survive a pretrial motion to dismiss. 1 *1087 Appellant is cautioned that the filing of frivolous

LEE MEMORIAL HEALTH SYSTEM v. CHASE HILDERBRAND

District Court of Appeal of Florida · Sep 25, 2020

Dep't of Corr., 471 So. 2d 4, 5 (Fla. 1984) (holding that the legislature clearly intended to waive sovereign immunity in legislation authorizing the sovereign to enter into written contracts because contracts must have … Bill Stroop sued on behalf of contractors who were charged this fee, seeking a declaration that the fee violated 2There is no dispute that Lee Health qualifies for sovereign immunity

BROWARD COUNTY v. JOSE P. FONT

District Court of Appeal of Florida · Jan 22, 2020

It did not qualify as a residence under the terms of the ILA. … The zoning map may have set out the area over which the ILA applied, but it did not establish the basis for reimbursement.

City of Key West v. Florida Keys Community College

81 So. 3d 494 · District Court of Appeal of Florida · Jan 18, 2012

Nonetheless, after establishing the stormwater utility, the City billed the College for storm-water utility services. … Although these broad subjects are clearly related on certain levels, the statutory provisions of these Chapters are not interchangeable.

MARY M. CAMERON, PH.D v. NICOLE A. JASTREMSKI, PH.D

246 So. 3d 385 · District Court of Appeal of Florida · Apr 25, 2018

We do not reach the issues of whether the complaint sufficiently states a claim for defamation or whether qualified immunity may apply. -2- Fifth District in Alfino v. … -6- appellee failed to establish a basis for dismissal on a motion to dismiss. Id.

Bank of America Corp. v. Valladares

141 So. 3d 714 · District Court of Appeal of Florida · Jul 2, 2014

These judicial decisions dovetail with many statutes that balance the competing interests by affording individuals qualified immunity for good faith 6 mistakes when reporting … The Legislature has enacted a similar qualified immunity for mistaken reports to numerous enforcement agencies.2 We found only one authority that cuts against the trend of recognizing a qualified privilege for reporting

Ashley v. State

772 So. 2d 42 · District Court of Appeal of Florida · Sep 28, 2000

At the first sentencing hearing, the State proved and both Appellant and the trial court accepted that Appellant qualified as an HVFO. … However, "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." United States v.

Dudley v. City of Tampa

912 So. 2d 322 · District Court of Appeal of Florida · May 13, 2005

Also at this time, the Mayor's Challenge Fund was established, a central component of which was to make money available to qualified individuals who were traditionally unable to buy homes. … Because Appellants have not established that the City had a statutory or common law duty to them based on the allegations in the third amended complaint, we need not reach the issue of whether sovereign immunity insulated

FL GAME AND FRESHWATER COM'N v. Dockery

676 So. 2d 471 · District Court of Appeal of Florida · Jun 11, 1996

In an opinion which sets forth the facts of this case in greater detail, this court concluded: The record reflects that the material facts concerning the availability of the qualified immunity defense are undisputed. … Since it appears the facts and circumstances known to the public officials were such that a person of reasonable caution would believe a crime was being committed, the motion for qualified immunity summary judgment should

Central Florida Psychological Consultants, Inc, and W. Steven Saunders v. Jon Comas

District Court of Appeal of Florida · May 8, 2026

“It occurs ‘only when there has been a violation of a clearly established principle . . . resulting in a miscarriage of justice.’” Id. (quoting Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885, 889 (Fla. 2003)). … Such a clearly established legal principle “can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.”

Stack v. State Farm Mut. Auto. Ins.

12 Fla. L. Weekly 845 · District Court of Appeal of Florida · Mar 24, 1987

The immunity of fellow employees is, significantly, qualified, and not absolute, in the sense that it is not available to an employee who causes injury to a fellow employee by a grossly negligent act. [1] Although the court … That factual question is clearly an issue for arbitration. [2] In summary we hold that (1) the police vehicle in which the plaintiff officer was a passenger when injured was an uninsured motor vehicle within the context of

Grable v. Hillsborough County Port Authority

132 So. 2d 423 · District Court of Appeal of Florida · Aug 18, 1961

It has been established that the declaratory judgment act may not be invoked unless there is a bona fide dispute between the adversaries to a cause as to a present justiciable question, and judicial declarations as to questions … a proceeding as being judicial in nature so as to bring it within the constitutional powers of the courts appear in the following excerpt: "Before any proceeding for declaratory relief should be entertained it should be clearly

Pondella Hall for Hire, Inc. v. Lámar

866 So. 2d 719 · District Court of Appeal of Florida · Jan 2, 2004

Lamar alleged various grounds for dismissing Pondella's counterclaims, including: (1) prosecutorial immunity, (2) qualified immunity, (3) sovereign immunity, (4) laches, (5) insufficient pleadings and (6) statutory bars. … This pleading is insufficient to establish that the State took the leases.

Kac 2021-1, LLC, as Assignee for Johnny Smith v. American Homes 4 Rent Properties One, L L C

District Court of Appeal of Florida · Oct 30, 2024

A qualified privilege requires the plaintiff to prove express malice. Id. at 1220 (emphasis added). … The amended complaint clearly demonstrates the privilege's existence, and the amended complaint was properly dismissed at this stage in the proceedings.

Huhn v. Dixie Ins. Co.

453 So. 2d 70 · District Court of Appeal of Florida · May 17, 1984

Modlin attempted to establish a new standard for liability by applying a brightline general duty/special duty test. … a broad, but qualified, scale.

State v. Chadroff

234 So. 2d 412 · District Court of Appeal of Florida · Apr 20, 1970

In the caption of the waivers of immunity, it clearly stated that the defendant was voluntarily appearing. … Clearly, the defendant was not in custody, was not under compulsion, and was informed in clear, specific and unambiguous language that he was voluntarily appearing and waiving his rights to any immunity under the Constitution

City of Tallahassee v. Big Bend PBA

703 So. 2d 1066 · District Court of Appeal of Florida · Jun 24, 1997

Here, the arbitration statute clearly anticipates that, following confirmation of an award, additional judicial work (i.e., entry of a judgment) will occur. § 682.15, Fla. Stat. (1995). … Resha, 648 So.2d 1187 (Fla.1994)(in holding that "an order denying summary judgment based upon a claim of qualified immunity is subject to interlocutory review to the extent that the order turns on an issue of law," the Florida

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803 · District Court of Appeal of Florida · Apr 27, 2012

(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. … Because the NICA Plan provides limited remedies as a statutory substitute for common law rights and liabilities, this Court has held that the NICA statute “should be strictly construed to include *811 only those subjects clearly