Case law

Houston v. GEO

73 So. 3d 323 · District Court of Appeal of Florida · Oct 26, 2011

You are entitled to review your medical records but copies of the same cannot be released until the fees are received as established by the Department of Corrections. No exceptions can be made. … The trial court also erred in dismissing the amended complaint as the medical records were clearly not provided within ten days of the request.

Weinstock v. Weinstock

634 So. 2d 775 · District Court of Appeal of Florida · Mar 31, 1994

As a broker of dental practices, he was clearly qualified to testify about the existence of such a market, and what Dr. Weinstock's practice might sell for, to a willing and qualified dentist, whether or not Dr. … Smith, 108 So.2d 761 (Fla. 1959) (although evidence attempting to establish constructive trust was insufficient, cause was remanded for the appellee to be given a further opportunity to establish her claim with more specific

Berry v. CSX Transp., Inc.

709 So. 2d 552 · District Court of Appeal of Florida · Mar 3, 1998

L.Rev. 429, 431 (1983); In re Swine Flu Immunization Prods. Liab. Litig., 508 F.Supp. 897, 907 (D.Colo.1981), aff'd sub nom., Lima v. … The trial court was plainly troubled by the "qualifying phrases and disclaimers" used in the articles.

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.

Torres v. Sullivan

903 So. 2d 1064 · District Court of Appeal of Florida · Jun 29, 2005

Schifrin clearly testified, in his deposition and via affidavit, that the standard of care required Dr. Sullivan to personally ensure that Mrs. Torres answered two questions. … Logically, if expert testimony is required to establish what Dr.

Musleh v. Fulton Distributing Co.

254 So. 2d 815 · District Court of Appeal of Florida · Dec 2, 1971

rules and require reports to enforce the herein established limitation upon credits and other forms of assistance. … Although the statute clearly authorizes the Department of Business Regulation to adopt rules setting the maximum amount of discount which a wholesaler or distributor will be permitted to give on a single purchase of alcoholic

In Re Estate of Biederman

161 So. 2d 538 · District Court of Appeal of Florida · Feb 14, 1964

Biederman, requiring him to file written objections to the admission of the will for probate or to qualify as coexecutor. … By the testimony of numerous witnesses, the record clearly establishes that the decedent was a resident of the State of Michigan until approximately the time of the execution of his will; that after this time the decedent

Nateman v. Hartford Cas. Ins. Co.

544 So. 2d 1026 · District Court of Appeal of Florida · Jun 1, 1989

Super. 525 , 253 A.2d 487 (1969) (liability carrier owes no duty to defend one who cannot qualify as an insured); Butler v. Maryland Cas. Co., 147 F. … Nateman clearly held the status of an independent contractor. Daniel v. Pacific Northwest Bell Tel. Co., 20 Wash.

Eisemann v. Eisemann

5 So. 3d 760 · District Court of Appeal of Florida · Mar 6, 2009

But it qualified this statement by adding “that a substantial increase in the financial ability of the paying spouse, standing alone, may justify but does not require an order of increased alimony.” Id. … Although the supreme court reversed, it added, “We would reach this conclusion even under the rationale of the Third District Court of Appeal because the wife clearly demonstrated an increased need.” Id. at 1007-08 .

Clausell v. State

455 So. 2d 1050 · District Court of Appeal of Florida · Sep 18, 1984

So, is there some other kind of prejudice which an accused must establish where the key witness happens to share an office with the prosecutor? If so, what is it and how is it proved? … law as to be regarded as an aberrant precedent, or otherwise qualifies as an exception to the doctrine of stare decisis, see Joseph v.

Carter v. State

199 So. 2d 324 · District Court of Appeal of Florida · Mar 17, 1967

State, Fla.App. 1966, 188 So.2d 388 , this Court said: "`Probable cause' is the same, whether it is the basis of an affidavit for a search warrant or whether as the basis for a search without a warrant; and as to what qualifies … The very valuable work in two volumes entitled "Searches, Seizures and Immunities" by Hon. Joseph A. Varon, an eminent Florida authority on the subject, is illuminating.

Williams v. New York Times, Inc.

9 Fla. L. Weekly 2652 · District Court of Appeal of Florida · Dec 18, 1984

This is not to say that the media are always immune from liability for the consequences of publishing a rape victim’s name. Our holding is strictly limited to the facts of this case. … While appellees clearly acted within their legal rights, we also caution, as did Judge Campbell in the well-written opinion in Doe v.

Greene v. Tucker

113 So. 3d 45 · District Court of Appeal of Florida · Nov 28, 2012

Greene does not assert that the circuit court failed to afford him procedural due process and he has not established that the circuit court failed to observe the essential requirements of law resulting in a miscarriage of … Greene has not and cannot establish that the circuit court’s ultimate conclusion is a departure from the essential requirements of the law resulting in a miscarriage of justice. We would suggest that Mr.

Haslett v. State

225 So. 2d 186 · District Court of Appeal of Florida · Jul 9, 1969

On March 6, 1968, defendant Haslett was and had been the duly elected, qualified and acting Clerk of the Criminal Court of Record for Polk County continuously for some fifteen years. … While the ’61 Act is clearly a “fee bill” law, the ’65 and ’67 Acts, equally as clearly, put compensation of the office on a salary basis.

State Department of Transportation v. Myers

237 So. 2d 257 · District Court of Appeal of Florida · Jun 30, 1970

To warrant a denial of the application, it should appear that what is sought is clearly an abuse of power on the part of the petitioner. … Only one of these experts was qualified to give any credible or authoritative testimony concerning the design of the interchange in question and the necessity for acquiring the lands allegedly needed to functionalize the

Deehl v. Knox

414 So. 2d 1089 · District Court of Appeal of Florida · May 11, 1982

It is axiomatic that courts are required to interpret a statutory provision — if consistent with the ultimate polestar of the issue, the legislative intent [5] — so as to render it immune from claims of unconstitutionality … The requirement of a corrupt intent to establish guilt of the offense clearly removes "the threat of deterrence to constitutionally protected expression" and thus obviates the appellee's overbreadth contention.

In the Interest of A.B. v. R.B.

186 So. 3d 544 · District Court of Appeal of Florida · Mar 6, 2015

The trial court also noted that the interviewer in the video “did qualify her to indicate whether or not she knew the difference between a truth and a lie, and she indicated she did.” … When the trial court grants an injunction based on improperly admitted evidence, harmful error is clearly established. See Sanchez v. Marin, 138 So.3d 1165, 1169 (Fla. 3d DCA 2014).

Yashus v. State

745 So. 2d 504 · District Court of Appeal of Florida · Nov 24, 1999

This clearly appears to us not to have been a habitual offender sentence. … King repeats the established rule that a trial court cannot impose an illegal sentence pursuant to a plea bargain, but it can impose a negotiated sentence that is not specifically authorized by statute.

State v. Mehl

602 So. 2d 1383 · District Court of Appeal of Florida · Aug 21, 1992

Sections 316.1932 and 316.1933 have similar, but clearly independent functions and the language of the two statutes is different. … The testimony in this case establishes that this procedure adopted by HRS tests both the permittee and the equipment.

MacHado v. Foreign Trade, Inc.

478 So. 2d 405 · District Court of Appeal of Florida · Nov 5, 1985

Although the witness was a qualified document analyst, the basis of his ultimate opinion did not involve document analysis. … In the present case, Sounds clearly did not acquiesce in the bifurcation of the trial.