Case law

University of Florida Board of Trustees v. Morris

975 So. 2d 493 · District Court of Appeal of Florida · Jul 27, 2007

The statute clearly provides that any ‘substantial’ presence will qualify.”). … The fact that the statute includes the exception at issue here establishes that other counties may be an appropriate venue, depending on the circumstances.

Southern Contract Carpe, Inc. v. Cty. Nat. Bk. of S. Fla.

528 So. 2d 42 · District Court of Appeal of Florida · Jun 21, 1988

unauthorized" refers only to forged or altered signatures; [1] it claims that the pertinent statute of limitations is the five year provision for actions arising out of a simple breach of contract, the agreement with the bank establishing … Even more clearly, the fact that an unauthorized signature includes a forgery is directly contrary to the appellant's position that, for practical purposes, only forgeries qualify under 674.406(4).

Intracoastal Ventures Corp. v. Safeco Ins. Co.

14 Fla. L. Weekly 673 · District Court of Appeal of Florida · Mar 15, 1989

The insured argues that the foregoing provision "contemplates nothing more than an informal appraisal process" which fails to meet the standards necessary to qualify under Florida's Arbitration Code. See Chap. 682, Fla. … RTC Transportation, Inc., 515 So.2d 365 (Fla. 4th DCA 1987), this court found the record insufficient to establish that the parties had entered into a binding contract for arbitration, absent evidence concerning the form

State v. Cohen

14 Fla. L. Weekly 446 · District Court of Appeal of Florida · Feb 15, 1989

The court pointed out: It is axiomatic that courts are required to interpret a statutory provision — if consistent with the ultimate polestar of the issue, the legislative intent — so as to render it immune from claims of … Clearly, Florida law on this issue places a much greater burden upon the state than does New York law. Id. at 1531. Yohn v.

Selton v. Nelson

201 So. 3d 827 · District Court of Appeal of Florida · Oct 14, 2016

An appellate court may grant a petition for certiorari “only when the petitioner establishes (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the trial (3 … Upon certiorari review, this court quashed the order, holding that the statement at issue was clearly work product and was exempt from disclosure as no showing was made that any of the exceptions set forth in Florida Rule

Pearson v. First Federal Savings and Loan Ass'n

149 So. 2d 891 · District Court of Appeal of Florida · Feb 6, 1963

Thus, the state courts are clearly without jurisdiction in such matters. Did the lower court have authority to call and supervise a meeting of the members of the Association? … Directors of the association shall be elected by its members by ballot * * * for periods of 3 years and until their successors are elected and qualified, * * *."

CHRISTOPHER TAVARIS DEAN v. STATE OF FLORIDA

District Court of Appeal of Florida · Apr 8, 2020

As in Davis, Dean was permitted to present mitigating evidence, but the trial court’s statements clearly indicate that it was not proceeding as if this was a “clean slate”: [THE STATE]: [T]he sentence has always been … THE COURT: And the PRR statute was established under the exhibits that were all moved in without objection? [STATE]: Yes. THE COURT: Yes, sir?

Superior Ins. Co. v. Libert

776 So. 2d 360 · District Court of Appeal of Florida · Feb 2, 2001

Finally, Superior determined that Chew qualified for coverage on July 13, 1998. … The burden is clearly upon the insurer to authenticate the claim within the statutory time period.

Smith v. State

873 So. 2d 585 · District Court of Appeal of Florida · May 26, 2004

Clearly the report and addendum prepared by the defense do not fall under this category. On the other hand, rule 3.220(g)(1) provides: (1) Work Product. … If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the party offering the testimony establishes

Duss Ex Rel. Regions Bank v. Garcia

80 So. 3d 358 · District Court of Appeal of Florida · Jan 6, 2012

First, Appellant argues the trial court incorrectly excluded expert testimony establishing that Dr. … Schifrin, was only qualified to testify on the standard of care and on whether Dr. Garcia breached it.

State v. News-Press Pub. Co.

338 So. 2d 1313 · District Court of Appeal of Florida · Nov 5, 1976

She was advised by the State Attorney that her testimony was being compelled in exchange for her being granted immunity from the prosecution for the matter and/or transaction about which her testimony was being compelled. … Scasino, 513 F.2d 47 (5th Cir.1975), that court said: "In the circumstances of this case the defendants clearly cannot be considered aggrieved persons within the meaning of the statute. The Supreme Court in Alderman v.

American Federation of Musicians, Local 806 v. City of West Palm Beach

179 So. 2d 134 · District Court of Appeal of Florida · Sep 13, 1965

The prayer is for a declaratory decree as to the existence of the immunity, privilege, or right of plaintiff to be exempt from payment of a license tax as being in direct conflict with the National Labor Relations Act and … Looking through the chapter in its entirety, the business aspect of labor unions is clearly discernible.

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

District Court of Appeal of Florida · Nov 5, 2014

Knowledge of the law is not an element to be proven to establish entitlement to an accounting by a trustee. … Clearly, Sanders had actual knowledge of the actions by Corya as trustee more than four years before he filed suit.

Jordan v. Robinson

39 So. 3d 416 · District Court of Appeal of Florida · Jun 24, 2010

The circuit court found that the overwhelming evidence established that “Jordan Howard Jordan” has conducted his personal and business life under his new name since 1991, including a previous, unsuccessful run for judicial … However, in considering a candidate’s “name” for purposes of whether “Mardi Anne Levey” was properly “qualified” to run in the election we noted: *418 Section 105.0Sl(4)(b), [Florida Statutes (2007),] instructs the candidate

Crooks v. ST. FARM MUT. AUTO. INS.

659 So. 2d 1266 · District Court of Appeal of Florida · Aug 30, 1995

There is no question that these bills qualified for "nofault" insurance benefits under the State Farm policy. … The burden is clearly upon the insurer to authenticate the claim within the statutory time period.

Hummel v. Stenstrom-Strump Construction & Development Corp.

648 So. 2d 1239 · District Court of Appeal of Florida · Jan 20, 1995

asserting that they owed no duty to appellants, that the complaint failed to contain sufficient allegations of any contractual relationship between the City and appellants, and that appellants’ claims were barred by sovereign immunity … There is no question that the legislature has the power to create such a cause of action, but we find no such intent in the particular act which provided for the establishment of building codes in this state.

Robertson v. State

569 So. 2d 861 · District Court of Appeal of Florida · Nov 8, 1990

Certainly, if the legislature intended merely to create an additional conduit for admission of blood alcohol test results, by choosing the above-quoted statutory language, it did not communicate this intent very clearly. … For example, if the state can prove the person who performed the blood test was qualified even though uncertified, can the state use the certification or test validation components of the statute to establish the qualifications

Mansur v. Eubanks

368 So. 2d 645 · District Court of Appeal of Florida · Mar 20, 1979

Jacobs, 148 So.2d 540 (Fla. 3d DCA 1963). [6] The rule of tort immunity is based upon the common law concept which considered a lease a conveyance of land — *649 not a contract. … The complaints would clearly have been subject to a motion to dismiss for failure to state a cause of action. Cf. Butler v. Maney, supra .

VILLAGE OF TEQUESTA v. TARA LUSCAVICH

240 So. 3d 733 · District Court of Appeal of Florida · Mar 7, 2018

To establish a prima facie claim for retaliation under section 760.10(7), a plaintiff must demonstrate that: (1) 5 he or she engaged in statutorily protected activity; (2) he or she … Notably, the breast groping incident clearly occurred in front of several employees of the police department.

Beck v. Gross

12 Fla. L. Weekly 46 · District Court of Appeal of Florida · Dec 17, 1986

The trial court clearly relied on Dr. Latus’ deposition in finding that Anna Beck was incompetent. … The trial court clearly relied on that alleged agreement as evidence of Anna Beck’s intent. The trial court clearly erred. In the case at hand, Anna Beck’s intent cannot be inferred from other people’s agreements.