Case law

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.

Doctors Co. v. State, Dept. of Ins.

940 So. 2d 466 · District Court of Appeal of Florida · Sep 13, 2006

If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences *470 of the expert are inadmissible unless the party offering the testimony establishes … Schacht's testimony was clearly offered for the purpose of rebutting Mr.

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

DAB CONSTRUCTORS v. Dept. of Transp.

656 So. 2d 940 · District Court of Appeal of Florida · May 17, 1995

Therefore, D.A.B. has failed to establish its clear legal right to an administrative hearing to determine White's responsibility in a bid protest proceeding, and we deny its petition for a writ of mandamus. I. … An agency's construction of a statute which it administers is entitled to great weight and will not be overturned unless the agency's interpretation is clearly erroneous. Orange Park Kennel Club, Inc. v.

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida · May 22, 2024

The Department could not deny J.C. a concealed-carry license, based on a prior misdemeanor that specifically does not qualify as a crime of 9 domestic violence under state law. … Finally, Appellant should be advised that our decision here to require issuance of a concealed weapons license under Florida law does not immunize him from the possibility of being found in violation of federal law in the

Barker v. Board of Medical Examiners, Dept. of Prof. Reg.

428 So. 2d 720 · District Court of Appeal of Florida · Mar 9, 1983

McDonald, thus, more than any other case, established standards for reviewing the competency and persuasiveness of evidence supporting nonrule regulatory orders *723 in an adjudicative setting. … Because that finding was neither clearly erroneous nor unauthorized, it must be AFFIRMED. ROBERT P. SMITH, Jr., C.J., and SHAW, LEANDER J., Jr., Associate Judge, concur.

Cole Vision v. Dept. of Bus. and Prof.

688 So. 2d 404 · District Court of Appeal of Florida · Feb 14, 1997

Although the Florida Supreme Court did interpret a similar former statute as meaning that "ones ineligible may not embark *410 in the business of optometry by hiring qualified persons to practice optometry for them," the … The analysis in this Final Order shows that the rule, as proposed, is not vague and clearly affords guidance to optometrists concerning how to establish and conduct their practices on commercial establishments without being

State Ex Rel. Christian v. Rudd

302 So. 2d 821 · District Court of Appeal of Florida · Nov 5, 1974

Normally, orders entered in discovery proceedings do not qualify for review under the above rule. … The Supreme Court of the United States has concluded that the long established policy of secrecy is essential to the efficacy of the Grand Jury.

Nesbitt v. COMMUNITY HEALTH, S. DADE

10 Fla. L. Weekly 737 · District Court of Appeal of Florida · Mar 19, 1985

Its admission, however, must be qualified by a cautionary instruction to the jury that the evidence does not by itself establish a standard of care. 1 J. Wigmore, Evidence § 461 (2d ed. 1923). … In the present case, the appellant established through Dr.

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.

Duffy v. Brooker

614 So. 2d 539 · District Court of Appeal of Florida · Jan 21, 1993

Edgerton qualifies as a "medical expert," as that term is defined in Section 766.202(5). In fact, it does not even indicate where Dr. Edgerton practices. … Edgerton's statement clearly did not satisfy the requirements of section 766.203(3), and did not indicate that a reasonable investigation had been conducted prior to issuance of the response denying the claim.

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

State, Dept. of Revenue v. Ray Const.

667 So. 2d 859 · District Court of Appeal of Florida · Jan 30, 1996

In addition, the testimony before the trial court clearly established that Ray Construction received the notices by certified mail, and in addition, received telephonic communications by the Department concerning the 60-day … Spigner, 573 So.2d 926 (Fla. 1st DCA 1991), rev. denied, 583 So.2d 1034 (Fla.1991) (error to dismiss complaint for declaratory judgment by alleged employer seeking immunity under workers' compensation statute against tort

Fla Birth Related Neuro. v. Div. Admin.

664 So. 2d 1016 · District Court of Appeal of Florida · Dec 15, 1995

The evidence established that Eric's problems are the result of damage to the basal ganglia deep inside his brain. … If that were indeed the intent of the legislature, it could as well have limited application of the Fund to only those children otherwise qualified who were born right-handed.

Chatman v. State

687 So. 2d 860 · District Court of Appeal of Florida · Jan 16, 1997

The trial court sustained the state's objection, holding that the statements would be hearsay and that, even if they qualified under some exception to the hearsay rule, they were not relevant to any material issue. … Clearly, here, the testimony regarding statements made by the detective and the FBI agent was offered to show what Walker's state of mind was at the time he made the statements implicating appellant and, thereby, to establish

Philp v. Trainor

100 So. 2d 181 · District Court of Appeal of Florida · Feb 7, 1958

The General Master, in his report, said in part as follows: "The language of the Trust Indenture clearly discloses the intention of the Trustor. … "Immunization from grantees or creditors of the beneficiary is effected where the trust res is real estate and the beneficiary is authorized to use it and to take so much of the profits as he needs for decent and comfortable

Save the St. Johns River v. WATER MGT. DIST.

623 So. 2d 1193 · District Court of Appeal of Florida · Aug 23, 1993

The record indicates that the District assured Smith that the restoration activity qualified for this exemption. … Whether or not the District's interpretation of the language of subsection 403.813(2)(g) is infused with agency expertise, its construction in this instance is not clearly erroneous.

Pullam v. Hercules Inc.

711 So. 2d 72 · District Court of Appeal of Florida · Apr 9, 1998

Under the circumstances, all of the employees of Swilley engaged in such work must be deemed to be employed in the same business or establishment as that of Hercules. § 440.10(1)(b). REVERSED and REMANDED. … Pullam does not qualify as a statutory employee on another theory of the case altogether—a theory that the appellant himself expressly eschews.

Walton v. Walton

354 So. 2d 464 · District Court of Appeal of Florida · Jan 31, 1978

Further, there is evidence that she could qualify for civil service employment with a compensation beginning at $8,500 per year. … This Court held that, under the circumstances of that case, the burden should not be with the mother to affirmatively establish that during the preceding 12 months she had made every reasonable effort to find employment.

Green v. State

27 So. 3d 731 · District Court of Appeal of Florida · Feb 10, 2010

Green then used this evidence to establish a possible motive for Neal to falsely accuse Green of being the triggerman. … However, the State could not establish any nexus between the briefcase and its contents and the actual burglary. Id.