Case law

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 .

Ranger Ins. Co. v. Travelers Indem.

389 So. 2d 272 · District Court of Appeal of Florida · Oct 7, 1980

equitable subrogation," or as it is sometimes referred to, "legal" subrogation-meaning subrogation by operation of law, as opposed to "conventional" subrogation, which arises under an express or implied agreement-is well established … Since the Arizona court did not discuss the doctrine of equitable subrogation we may assume that remedy is not recognized in Arizona (although it clearly is in Florida), or if it is recognized, was not considered as a proper

Dixon v. State

12 Fla. L. Weekly 1110 · District Court of Appeal of Florida · Apr 28, 1987

In these circumstances, later submitting the bill to the jury without notifying counsel was clearly authorized by Fla.R.Crim.P. 3.400, 1 either (we do not decide which) because the particulars are a portion of “the charges … On the basis of two supreme court decisions which squarely so hold, we agree that an express or implied threat of arrest or other police action does not qualify as the force or fear required to establish a robbery.

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.

JPMorgan Chase Bank National Ass'n v. Pierre

215 So. 3d 633 · District Court of Appeal of Florida · Apr 5, 2017

The court’s conclusion to the contrary was clearly erroneous. … The foundation necessary for admission of a business record may be established by a records custodian or other qualified witness. § 90.803(6)(a), Fla. Stat. (2013).

RICHARD THOMAS MORGAN v. MONICA SUE MORGAN

District Court of Appeal of Florida · Sep 17, 2021

He contends that his move to Florida was not a termination of the marital partnership but was intended to benefit the child by qualifying for in-state tuition. 6  Section 61.30 … Conclusion Accordingly, we affirm the dissolution of the parties' marriage but reverse and remand so that the trial court can clearly identify assets and liabilities that were in existence on the date of the filing

EFFORT ENTERPRISES v. Lexington Ins. Co.

666 So. 2d 930 · District Court of Appeal of Florida · Nov 1, 1995

review of a trial court's dismissal of an amended crossclaim seeking a declaratory judgment to declare coverage for appellant under an existing policy of insurance through Lexington Insurance Company (Lexington) and to establish … Clearly, Effort was entitled to have the trial court declare its rights, if any existed, under the policy with Lexington. Furthermore, as the third district pointed out in Floyd v. Guardian Life Ins.

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

Clark v. Department of Professional Regulation, Board of Professional Geologists

584 So. 2d 59 · District Court of Appeal of Florida · Jul 18, 1991

Clearly, the legislature has a legitimate interest in protecting the public from the consequences of unethical or substandard conduct by geologists. Cf. Florida Real Estate Comm’n v. … Revenue Service does not necessarily qualify him to practice public accounting in Florida).

Caber Systems, Inc. v. Department of General Services

13 Fla. L. Weekly 1658 · District Court of Appeal of Florida · Jul 13, 1988

To qualify for award, any system must, as a minimum, satisfy the evaluation configuration specified in Table D. … It is apparent, for example, that DGS intended to award by make and model but the invitation to bid did not reflect its intent clearly.

MacKenzie v. Avis Rent-A-Car Systems, Inc.

369 So. 2d 647 · District Court of Appeal of Florida · Apr 3, 1979

Avis denied the claim because, as was conclusively established below, it had qualified as a self-insurer and had validly rejected uninsured motorist protection for its rental vehicles. [1] Dr. … Avis Rent-A-Car System, Inc., 367 So.2d 1060 (Fla.1st DCA 1979) clearly support our present conclusion. [5] In Riccio , we held that a jury question was presented as to whether an insurance company's undertaking to give an

Jefferson v. State

677 So. 2d 29 · District Court of Appeal of Florida · Jun 27, 1996

We interpret Davis to mean that Jefferson's sentence does not qualify as an illegal sentence. … Clearly, this should not be required, and I do not believe the supreme court ever intended such a result.

West v. Branham

576 So. 2d 381 · District Court of Appeal of Florida · Mar 13, 1991

Rule 1.360 provides that a party may request that an opposing party, whose physical condition is in question, undergo an examination by a qualified expert upon a showing of good cause. … The trial court also has the authority to establish protective rules as needed with respect to the examination.

Maraman v. State

980 So. 2d 1096 · District Court of Appeal of Florida · Jan 25, 2008

. *1099 The State argues that this right is established only in the civil arena and it should not be extended to criminal cases. … Thus we conclude that it is a clearly established principle of Florida law that a person who is required to submit to a mental examination in an adversarial proceeding or setting is entitled to have the examination attended

Vasquez v. Sorrells Grove Care, Inc.

962 So. 2d 411 · District Court of Appeal of Florida · Aug 17, 2007

Sanchez Vasquez's actions clearly fall short of evincing an intentional choice of remedies. Neither was the workers' compensation claim determined on its merits. … These facts clearly establish that the settlement was not a determination of the merits of the contested compensability issue raised in the workers' compensation proceeding.

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.

Sacco v. Eagle Finance Corp. of North Miami Beach

234 So. 2d 406 · District Court of Appeal of Florida · Apr 21, 1970

Having reviewed the record, we are of the opinion that the evidence clearly established a genuine issue of fact as to whether or not the insults were communicated to the public when the appellee's agent shouted his parting … However, the above stated rule in Prior, supra, has been qualified and a summation of that qualification appears in 32 Fla.Jur. Trespass § 9, wherein it is stated: "Consent may be implied from custom, usage or conduct.

MICHAEL EDWARDS v. STATE OF FLORIDA

248 So. 3d 166 · District Court of Appeal of Florida · Jun 13, 2018

The state argues that the detective was qualified to give either a lay opinion or an expert opinion as to how an individual exhibits deception. … Likewise, “[i]t is well established that police officers cannot give their opinions as to the truthfulness of a defendant.” Shannon v. State, 753 So. 2d 148, 149 (Fla. 3d DCA 2000).

Anderson v. State

598 So. 2d 276 · District Court of Appeal of Florida · May 13, 1992

It is now firmly established that merely because such hearsay statements may be properly admitted in evidence under section 90.803(23), the trial court is not relieved of its obligation to determine whether such evidence … California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). [2] This witness was permitted to testify, without objection, as an expert qualified "in child sexual abuse."

Department of Highway Safety & Motor Vehicles v. Berne

49 So. 3d 779 · District Court of Appeal of Florida · Oct 8, 2010

Under Florida’s “Implied Consent Law,” only approved breath testing machines may be used to establish impairment, and Florida Administrative Code Rule 11D-8.003 establishes the procedures for the approval of such machines … that the “breath test results are admissible if evidence of the following is provided by the Department: (1) the breath test was performed substantially in accordance with [FDLE] rules, with an approved machine and by a qualified