Case law

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

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.

Champagne v. State

269 So. 3d 629 · District Court of Appeal of Florida · Apr 24, 2019

The court recognized that "a single sentencing range is not established under the CPC as occurred under the prior guidelines." Id. at 985 . … "[U]nder the CPC, together the individual offenses only establish the minimum sentence that may be imposed; a single maximum sentence is not established-each individual offense has its own maximum sentence, namely the statutory

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.

Kirsch ex rel. Kirsch v. Aetna Casualty & Surety Co.

598 So. 2d 109 · District Court of Appeal of Florida · Apr 3, 1992

The granting of summary judgment on this issue was therefore error. *112 THE “SCHOOL RENTAL” EXCEPTION: To prevail on this issue, the Kirsches must establish that Tekavec “rented” all or part of her premises to Stahl and … The question of whether Stahl’s day care program qualifies as a “school” is more clearly defined. Stahl testified that her program provided education and schooling for the children who attended.

Carroll v. Mack

766 So. 2d 1216 · District Court of Appeal of Florida · Sep 20, 2000

After approval of the *1217 amendment, the County Commission undertook the task of establishing the exact boundaries of the newly-created districts. … There is at least some authority to support the proposition that the supervisor's plan would be entitled to a presumption of correctness and should be upheld if rational and not clearly outside legal requirements.

The Estate of Doscina C. Pendleton v. Renew MG Tenant LLC

District Court of Appeal of Florida · Dec 3, 2025

"Staff must be qualified to perform their assigned duties consistent with their level of education, training, preparation, and experience." Fla. Admin. Code R. 59A- 36.010(2)(b). … was negligent in failing to take measures which would reasonably ensure [the resident's] protection, despite its notice that [she] had previously fallen at the facility, it cannot be said that such behavior approached" clearly

Dillon v. Chapman

404 So. 2d 354 · District Court of Appeal of Florida · May 13, 1981

However, since this complaint clearly showed that the plaintiffs did not meet the threshold required by section 627.737(2), Florida Statutes (1979), the trial court found plaintiffs to be precluded from maintaining their … assured of recovery of all his major and salient economic losses even when he was at fault, there would be a speedy payment by the insured's own insurer of medical costs and lost wages, and the injured party himself was immune

Kopko v. State

577 So. 2d 956 · District Court of Appeal of Florida · Apr 18, 1991

By merely adverting to the videotape, the state left the defense to guess what factors the state would argue to establish trustworthiness. … The statements under review in this case are hearsay because they do not qualify as non-hearsay under the rule.

Wohlfiel v. Morris

122 So. 2d 235 · District Court of Appeal of Florida · Jul 15, 1960

In addition, Florida Statutes § 26.19, F.S.A., provides that no change of judge shall abate, quash, set aside, reverse, qualify, dismiss, defeat or hold in error any judicial proceeding. … This rule and this statute clearly indicate that our circuit courts sit without personality, and not as the alter ego of an individual judge.

Damianakis v. Philip Morris USA, Inc.

District Court of Appeal of Florida · Jul 18, 2014

In their motion, the Defendants argued: To prove that he qualifies as a class member, [Mr. … Farnan had been diagnosed with lung cancer in March 1996, this "clearly demonstrate[ed] her disease had manifested by [the cut-off date]." Id. With regard to Ms.

Santiago v. State

21 So. 3d 877 · District Court of Appeal of Florida · Oct 28, 2009

THE COURT: He wants to show that she’s qualified because the other woman said she wasn’t; is that correct? MR. FLEISCHMAN: I mean, basically Dr. … She told you she was on that Board and she clearly isn’t, it’s the tip of the iceberg.” We, therefore, reverse and remand for a new trial. Santiago asserts two other points on appeal.

Delgado-Santos v. State

10 Fla. L. Weekly 1426 · District Court of Appeal of Florida · Jun 11, 1985

For the first time in Florida, that provision permits, under rigidly circumscribed conditions, the use of prior inconsistent statements like Ortiz's, which are clearly hearsay, as substantive evidence, rather than, as before … [T]o give [it] a liberal construction is to undermine the foundation of reliability that Congress sought to establish for this Rule. Note, United States v.

Burrell v. State

610 So. 2d 594 · District Court of Appeal of Florida · Dec 11, 1992

The defendant's assent to the sentencing scheme has no bearing on the issue; a defendant cannot confer on the trial court the authority to circumvent the penalties established by law. Larson v. … The absence of authority to impose such a sentence is clearly shown on the face of the judgment and sentence and the order clarifying it, and requires no further evidence *597 to make that determination. See Judge v.

Hoffman v. Brevard County Board of Commissioners

390 So. 2d 445 · District Court of Appeal of Florida · Nov 19, 1980

While the plan does not qualify as a zoning regulation in the sense that it is more a set of guidelines, 1 there is no logical reason why the Rinker principle enunciated above should not apply. … One who seeks to set aside a particular zoning decision must clearly demonstrate that it is not even “fairly debatable” that no such relationship exists. Ailapattah at 392.

Weatherford v. State

561 So. 2d 629 · District Court of Appeal of Florida · May 7, 1990

This witness was qualified as an expert in "investigating and interviewing" child victims of alleged sexual abuse. … [c]hildren clearly remained at the mercy of adults. This was especially evident in the Victorian idealization of and lust for young female children.

Hialeah, Inc. v. Gulfstream Park Racing Association, Inc.

428 So. 2d 312 · District Court of Appeal of Florida · Mar 16, 1983

"[S]tatutes granting power to administrative agencies must clearly announce adequate standards to guide the agencies in the execution of the powers delegated." Lewis v. … Section 550.081 cannot qualify under either the police power or the licensure exception to the nondelegation doctrine.

Visoly v. Security Pacific Credit Corp.

768 So. 2d 482 · District Court of Appeal of Florida · Aug 16, 2000

The validity of the mortgage had already been established. … However, where the facts and established case law would clearly reflect the lack of a justiciable issue to a reasonable attorney, counsel also is culpable and must accept responsibility for the sanction.

Cesar v. Reemployment Assistance Appeals Commission

121 So. 3d 1181 · District Court of Appeal of Florida · Sep 26, 2013

Maria Cesar appeals a final order of the Reemployment Assistance Appeals Commission (the Commission) reversing an appeals referee’s decision qualifying her for unemployment benefits on grounds she committed disqualifying … “This Court may overturn a legal conclusion of the Commission if it is clearly erroneous and, in reviewing the Commission’s substituted conclusion, must assure that the correct rules of law were applied.”

Lanier v. Turlington

11 Fla. L. Weekly 1066 · District Court of Appeal of Florida · May 7, 1986

Notice of that deficiency was first provided to her on April 19, 1985, after she filed a petition on March 18, 1985, asserting that as of March 15 she had not received notice to enable her to take the qualifying test scheduled … Master teacher certification is clearly required by the rule before a teacher is eligible under the rule for the special assignments, which are (just as clearly) intended to describe and accord professional privileges in