Case law

Arvida Corporation v. City of Sarasota

213 So. 2d 756 · District Court of Appeal of Florida · Aug 30, 1968

The legislature in this manner insured the use of minimum due process safeguards to protect the legal rights, privileges, duties and immunities of all participants of such hearings, whether before state or non-state agencies … Accordingly, there clearly exists a valid distinction between certiorari and appellate jurisdiction and the distinction is more than a mere difference in form.

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 .

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.

Murciano v. State, Agency for Health Care Administration

208 So. 3d 130 · District Court of Appeal of Florida · Aug 31, 2016

In doing so, the ALJ determined that AHCA “established a prima facie case of overpayment and proved, by a preponderance of the evidence, that [Dr. … O’Hern was a statutorily-qualified peer. See State v.

MA Kite Company v. AC Samford, Inc.

130 So. 2d 99 · District Court of Appeal of Florida · May 4, 1961

The appellant domestic corporation, plaintiff in the trial court, seeks reversal of an interlocutory order granting motion of defendant, a foreign corporation qualified to engage in business in Florida, to dismiss the complaint … It clearly dealt with a claim between parties not involved by the mentioned statute. Baruch v. W.B.

McDonough Const. Corp. v. Pan American Surety Co.

190 So. 2d 617 · District Court of Appeal of Florida · Oct 11, 1966

The reinsured was prohibited from making any changes or alterations in any bond or policy except for certain minor changes and then only if "the Reinsurer's liability under any one bond is not increased beyond its legal qualifying … Since it is lacking in any language which would clearly establish privity between these Appellants and Southeast, the judgment appealed is Affirmed. JOHNSON and SACK, JJ., concur. NOTES [1] O'Hare v.

Mang v. Country Comfort Inn, Inc.

559 So. 2d 672 · District Court of Appeal of Florida · Apr 3, 1990

Chapter 400, Florida Statutes, clearly evinces a legislative plan to protect the interests of the citizens of this state who use facilities ranging from nursing homes to adult day-care centers. … Mang's amended complaint not only tracked the qualifying language of the statute, but also alleged sufficient ultimate facts to "activate the statute."

Escambia County Board of County Commissioners v. Phipps

14 Fla. L. Weekly 2731 · District Court of Appeal of Florida · Nov 28, 1989

The J.C.C. has clearly intruded upon the prerogative of the E/C. … As in so many areas, once the door is cracked, the ordinary inevitably seems to qualify as the extraordinary. I would reverse the order.

Hermanson v. State

570 So. 2d 322 · District Court of Appeal of Florida · Nov 21, 1990

Moreover, any immunity provided in section 415.511 attaches only to those acts which we find are specifically authorized in this chapter as we will explain. … Instead, criminal penalties for child abuse or neglect are established by the legislature separately in chapters 782 and 827.

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.

Brewer v. Clerk of Circuit Court

720 So. 2d 602 · District Court of Appeal of Florida · Nov 4, 1998

On February 29, 1996, the commission dismissed the complaint (Exhibit B) upon the qualified request of the plaintiff's counsel (Exhibit C). … We wish to emphasize that we are not establishing a general rule of waiver here.

S.S. v. D.L.

944 So. 2d 553 · District Court of Appeal of Florida · Jan 3, 2007

A trial court’s finding of clear and convincing evidence is reversible only if clearly erroneous or lacking in evidentiary support. In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). … The qualifying circumstances found in section 39.811(6) include: (a) if the child has only one surviving parent (not the case here); (b) the identity of the other parent is established as unknown by sworn testimony (inapplicable

State v. Johnson

285 So. 2d 53 · District Court of Appeal of Florida · Oct 19, 1973

It is well established that the State has a privilege of non -disclosure in pretrial discovery unless the defense clearly establishes the existence of a right to a particular revelation. Treverrow v. … The defendant here did not establish such a right to the name of Mr. X.

Groves-Watkins Const. v. State, Dept. of Transp.

12 Fla. L. Weekly 1465 · District Court of Appeal of Florida · Aug 4, 1987

To adopt DOT's argument in this case would make DOT virtually immune from Chapter 120 processes. … The burden was on Grove-Watkins to establish that sufficient monies were budgeted to meet its bid.

Adley Dasilva, P.A. v. State of Florida Department of Health

District Court of Appeal of Florida · Apr 17, 2024

Dasilva maintains that “Florida law permitted him to perform such procedures when delegated by, and under the indirect supervision of, a qualified Florida licensed physician.” … Here, the Department established that Dasilva lacked sufficient education and training to perform complex plastic surgeries independently.

McCray v. State

230 So. 3d 495 · District Court of Appeal of Florida · Aug 4, 2017

McCray did not qualify. … There must be a violation of a clearly-established principle of law resulting in a miscarriage of justice.” (citing Combs v. State, 436 So.2d 93, 95-96 (Fla. 1983))).

Fridovich v. State

11 Fla. L. Weekly 1219 · District Court of Appeal of Florida · May 28, 1986

The record reflects an abundance of evidence which, if believed by the jury, would have been sufficient to convict for first degree murder, and was clearly sufficient to sustain the lesser charge of manslaughter. … The corpus delicti may be established by direct or circumstantial evidence. Bassett v. State, 449 So.2d 803, 807 (Fla. 1984).

Bishop v. State

46 So. 3d 75 · District Court of Appeal of Florida · Sep 10, 2010

Here, the State’s evidence was sufficient to establish that Bishop secretly abducted or confined the victim. … State, 680 So.2d 1067, 1068 (Fla. 3d DCA 1996): Simply put, defendant can be convicted of both felony murder and the qualifying felony because the felony murder statute says so.

Thomas v. Pennsylvania Threshermen & Farmers' Mutual Insurance

167 So. 2d 10 · District Court of Appeal of Florida · Aug 5, 1964

He informed the agency to that effect since apparently the car did not then qualify for a special discount given to cars in that category. … The plaintiffs denied conscious withholding of information and the evidence clearly falls short of showing any risks that the defendant itself could not have discovered and anticipated through the exercise of reasonable diligence