Case law

Page v. Zordan Ex Rel. Zordan

564 So. 2d 500 · District Court of Appeal of Florida · May 11, 1990

Boutin testified, where no predicate was established by the appellees concerning the acceptance of the test in the professional community. Page is quite correct on this point. In Fay v. … The admissibility of that clearly hearsay testimony was sought to be justified as within the provisions of section 90.801(2)(b), Florida Statutes (1987).

Sterling v. Mike Brown, Inc.

580 So. 2d 832 · District Court of Appeal of Florida · May 23, 1991

The employer's testimony at bar clearly established that the Christmas party was an annual affair which he had sponsored for no less than five years. … Clearly these facts are far more analogous to those existing in Velotta than those in Relish.

Herring v. State

411 So. 2d 966 · District Court of Appeal of Florida · Mar 30, 1982

DiFrancesco clearly expresses the supreme court's intent: "We are not inclined to overrule Pearce." 449 U.S. n. 14 at 135, 101 S.Ct. n. 14 at 436, 66 L.Ed.2d n. 14 at 345. … While under this analysis the present case falls clearly within Murphy and Kitt , we simply cannot rely on this distinction without a difference.

Hallman v. Hallman

575 So. 2d 738 · District Court of Appeal of Florida · Feb 28, 1991

He is qualified and has served as a Second Officer. The parties acquired far more debts than assets. … Kenneth clearly has a far superior earning capacity than does Maria, even if his salary remains at one quarter or one third of what he previously earned.

Davis v. State

691 So. 2d 1180 · District Court of Appeal of Florida · Apr 23, 1997

The fact that the court allowed the peremptory challenge clearly indicates that she did not find the state's reason to be pretextual. … NOTES [1] Although surnames can sometimes indicate a heritage that qualifies as a distinct racial or ethnic group, they are not determinative of the juror's race or ethnicity.

Facchina v. Mutual Benefits Corp.

735 So. 2d 499 · District Court of Appeal of Florida · Jan 20, 1999

We have no way of knowing at this stage whether plaintiff will be able to prove these allegations, and we certainly do not present them as established fact or imply any agreement with them. … Thus the mere right to publish a photograph, as has been granted by this contract, would not necessarily immunize the publisher of the photograph from damages for invasion of privacy.

Alcantara v. Alcantara

15 So. 3d 844 · District Court of Appeal of Florida · Jul 29, 2009

“Permanent periodic alimony is used to provide the needs and the necessities of life to a former spouse as they have been established during the marriage of the parties.” Rosecan v. … It is well settled, and the trial court properly found, that a nineteen-year marriage qualifies as a long-term marriage. See Cruz v.

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.

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.

Fouts v. State

374 So. 2d 22 · District Court of Appeal of Florida · Jul 6, 1979

Walter Afield, an admittedly qualified expert in the field of psychiatry with substantial clinical experience regarding LSD. Dr. … The state clearly established a prima facie case against appellant by showing that he was discovered to be missing about 2:30 p.m. on the day in question and was apprehended outside the prison walking along a road in a direction

Delgardo v. Allstate Insurance Co.

731 So. 2d 11 · District Court of Appeal of Florida · Feb 10, 1999

However, when he goes to a doctor for the purpose of qualifying the latter to testify, the natural tendency and inducement would be to the contrary.’ ” 132 So.2d at 787 [c.o.]. … The testimony of the second surgeon in this case establishes rather clearly that his evidence was based in part on the same facts and evidence as the first’s but also in part on new facts and evidence.

SOUTH BROWARD HOSPITAL DISTRICT v. ROBERTO CORTES, as Personal Representative of the Estate of DANIELA CORTES

District Court of Appeal of Florida · May 20, 2020

to by a qualified medical expert. … The trial court clearly departed from the essential requirements of law in denying the motions to dismiss. Accordingly, the petitions are granted, and the trial court’s orders are quashed. Petitions granted.

Anstead v. Cox Broadcasting

11 Fla. L. Weekly 1974 · District Court of Appeal of Florida · Sep 16, 1986

Clearly there is an unresolvable conflict between the two as applied to situations where a seasonal em *202 ployee has worked substantially the whole of 13 weeks immediately preceding his injury. … One commentator has observed the difficulty of determining who qualifies as a seasonal worker: Case law gives us little to hang our legal hat on in stating conclusively what constitutes seasonal work.

Thomas v. State

93 So. 3d 404 · District Court of Appeal of Florida · Jun 29, 2012

This finding was clearly unsupported by Dr. Rao’s recommendation. Dr. Matthews determined that treatment in the forensic state hospital made the most sense unless there were less restrictive alternatives available. … Matthews or other qualified experts. If the evidence presented does not clearly and convincingly establish that Ms.

Town of Orange Park v. Pope

459 So. 2d 418 · District Court of Appeal of Florida · Nov 15, 1984

He was accepted as a qualified expert on real estate appraisal. … The appellant on cross-examination clearly established that Mr.

Creative Choice XXV, Ltd. v. FLORIDA HOUSING FINANCE CORP.

991 So. 2d 899 · District Court of Appeal of Florida · Jul 17, 2008

The corporation shall establish a funding process and selection criteria by rule or request for proposals. … "If the agency's interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed," Fla. Dep't of Educ. v.

Holman v. State

203 So. 2d 653 · District Court of Appeal of Florida · Nov 1, 1967

This Court itself has not been immune. Children have always inherently been the wards of the Court, particularly the Juvenile Courts of the State. … The petition shall be sufficient if it clearly, fairly and concisely states the substance of the facts which, if true, constitute the child a dependent or delinquent child, in such manner as to apprise the parents or legal

Bergh v. Stephens

175 So. 2d 787 · District Court of Appeal of Florida · May 25, 1965

Since those contracts cannot qualify as among the partnership contracts contemplated in subsection (3), the conclusion is inevitable that those contracts are void to the extent of the restrictive provisions unless those contracts … We apprehend that had the legislature intended to establish other exceptions it would have done so clearly and unequivocally.

SAFETY HARBOR v. Communications Workers

715 So. 2d 265 · District Court of Appeal of Florida · Mar 11, 1998

Ability to establish and maintain effective and courteous relationships with the public. Ability to be creative in the development of programs. … Ability to communicate clearly and effectively both orally and in writing. 17.

Ledoux-Nottingham v. Downs

163 So. 3d 560 · District Court of Appeal of Florida · Apr 2, 2015

A final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land. … that the award would be clearly inappropriate. § 61.535(1), Fla.