Case law

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.

Brindise v. U.S. Bank National Association

183 So. 3d 1215 · District Court of Appeal of Florida · Jan 20, 2016

Nevertheless, we are not prepared to conclude that not applying section 559.715 immunizes an alleged violator as they contend. … Reading far too much into Burt , the Brindises argue that the case establishes that section 559.715 has been incorporated into the elements of pleading a foreclosure complaint.

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.

West Villages Improvement District v. North Port Road & Drainage District

36 So. 3d 837 · District Court of Appeal of Florida · May 28, 2010

There must be a violation of a clearly established principle of law resulting in a miscarriage of justice. Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000). … The issue in Remington was whether a charter school qualified for the statutory exemption provided for in section 1013.51.

Browning v. Poirier

113 So. 3d 976 · District Court of Appeal of Florida · Mar 8, 2013

However, the general rule is subject to a “qualifying rule” that: when no time is agreed on for the complete performance of the contract, if from the object to be accomplished by it and the surrounding circumstances, it clearly … In arguing that enforcement of the contract was barred by the statute, Poirier relies on the qualifying rule outlined in Yates .

Freeman v. DEPARTMENT OF HIGHWAY SAFETY

924 So. 2d 48 · District Court of Appeal of Florida · Feb 13, 2006

Professor Saif Ul-Islam is a professor at the University of Central Florida and was qualified as an expert witness for Freeman. … There was no clearly identified definition of "substantial burden" in Florida until Warner, 887 So.2d at 1023 .

MUNICIPAL INS. TRUST v. Village of Golf

850 So. 2d 544 · District Court of Appeal of Florida · Aug 6, 2003

The insurer also argues that it could be liable for a settlement of the claim only up to the $100,000 limit provided in our waiver of sovereign immunity statute, section 768.28. … The court then recognized an exception to the general rule that: "the doctrine of promissory estoppel, a qualified form of equitable estoppel ... applies to representations relating to a future act of the promisor rather

Crews v. Florida Public Employers Council 79

113 So. 3d 1063 · District Court of Appeal of Florida · Jun 5, 2013

The Department’s contracting authority is most readily apparent, however, from the explicit language of section 20.315(12), Florida Statutes (2012): Whenever possible, the department, in accordance with the established program … Stat. (2012) (extending sovereign immunity to healthcare providers and vendors that *1069 contract with the Department to provide services to prison inmates).

Cohen v. Department of Professional Regulation, Board of Medicine

590 So. 2d 477 · District Court of Appeal of Florida · Nov 26, 1991

The Board clearly is not satisfied that appellant is capable of safely engaging in the practice of medicine. … Cohen was not qualified to practice medicine at the time reinstatement was denied. The recommended order did not permanently bar Dr.

State v. Stephenson

973 So. 2d 1259 · District Court of Appeal of Florida · Feb 11, 2008

Stephenson qualified as an habitual offender, an extended sentence was not necessary for the protection of the public. [2] Mr. … The court does find that he qualifies as a habitual felony offender and I am going to enter the order finding that he qualifies as a habitual felony offender.

Francois v. State

137 So. 3d 1186 · District Court of Appeal of Florida · Apr 16, 2014

Because we find that the trial court did not abuse its discretion by denying the motion for a continuance to obtain substitute counsel and that the defendant’s court-appointed counsel was not clearly incompetent based on … Because the record does not establish ineffective assistance of counsel on its face, and, in fact, the defendant’s complaints thus far appear to be unjustified, we reject the argument that he is entitled to a new trial on

Palm Beach General Surgery, LLC, Etc. v. Rebecca Grazioli

District Court of Appeal of Florida · Mar 31, 2026

Rebecca Grazioli, who was qualified to render oral and maxillofacial surgical care in accordance with the prevailing professional dental standards.” … conclusion of the hearing on the motion, the trial court rejected PBGS’s arguments pertaining to presuit notice of the negligent credentialing claim, but dismissed the complaint without prejudice for Grazioli to more clearly

Scandinavian World Cruises (Bahamas) Ltd. v. Ergle

13 Fla. L. Weekly 1299 · District Court of Appeal of Florida · Jun 1, 1988

The United States Supreme Court has also recognized that appellate judges must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity. Bose Corp. v. … It does not appear that Ergle proved that the statements made, which provided the overall implication complained of, were clearly and convincingly false or made with actual malice.

Grunewald v. Warren

655 So. 2d 1227 · District Court of Appeal of Florida · May 25, 1995

Warren, the theory evidently is that the bankruptcy trustee would have abandoned the inventory to them if they had been secured creditors; and that they could then have liquidated on a retail basis or sold the business to a qualified … responsible for their unsecured status as creditors, there is no legal impediment to their proving damages in excess of $2,550. *1231 The bankruptcy court's order approving the sale of the business inventory does not purport to establish

Cherubino v. FENSTERSHEIB AND FOX, PA

925 So. 2d 1066 · District Court of Appeal of Florida · Mar 8, 2006

However, the abuse of discretion standard of review is qualified as follows in such cases: Although a dismissal imposed as a sanction is reviewed under an abuse of discretion standard, the trial court's discretion is narrowed … Dismissal for fraud is appropriate where "`it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system's ability

Bb v. Pjm

933 So. 2d 57 · District Court of Appeal of Florida · May 22, 2006

minor child's father, and the determination is material in the proceeding before the court, that proceeding qualifies as a "court proceeding" under subsection (b)3. [3] *60 A Dependency Proceeding Qualifies as a "Court Proceeding … Clearly, the identity of a child's father is material in a dependency proceeding. Material Facts Are Established By Court Proceedings Material facts are "established" by court proceedings in one of two ways.

Bystrom v. Union Land Inv., Inc.

10 Fla. L. Weekly 2521 · District Court of Appeal of Florida · Aug 6, 1985

The court's interpretation in Straughn falls squarely within the well-established rule set forth in St. Joe Paper Co. v. … It is not necessary to demonstrate that crops are actually growing to qualify for an agricultural classification.

Jennings v. State

920 So. 2d 32 · District Court of Appeal of Florida · Nov 18, 2005

That fact, in and of itself, did not establish the requisite status of the victim. … Under the statutory definition, to qualify as a disabled adult the victim must have a developmental disability that results in a physical or mental incapacitation, or she must have one or more physical or mental limitations

Home Insurance Company v. Wiggins

147 So. 2d 157 · District Court of Appeal of Florida · Nov 29, 1962

In a further effort to qualify Polise as an expert witness, the following colloquy took place on direct examination by plaintiff's counsel: "Q. … "There may also be a defect in the language of the attempted withdrawal, whether it was sufficiently definite to clearly identify the portion to be withdrawn.