Case law

GUARDIAN AD LITEM PROGRAM vs SARAH J. CAMPBELL, ADOPTION ENTITY, AND DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida · Apr 29, 2022

The Child was initially 1 A “departure from the essential requirements of the law” requires “a violation of a clearly established principle of law.” Dodgen v. … “[C]learly established law” can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.

Fortune Insurance Co. v. Sims

10 Fla. L. Weekly 567 · District Court of Appeal of Florida · Mar 6, 1985

.- The court further noted that While concededly [the agency president’s] testimony as to the routine practice establishes no presumption that it was followed in a particular instance, it is nonetheless sufficient to support … This is a broad definition and would clearly seem to include insurance covering medical expenses.

State v. Blanco

896 So. 2d 900 · District Court of Appeal of Florida · Mar 2, 2005

Mike was not qualified as an expert to testify that, among those knowledgeable about drug deals, party usually means drugs. … State, 767 So.2d 601 (Fla. 4th DCA 2000) (jury question presented as to entrapment; defendant clearly predisposed to engage in drug activity).

State v. Simpson

326 So. 2d 54 · District Court of Appeal of Florida · Jan 16, 1976

Any other result, we think, would establish a rule wholly at odds with the peremptory challenge system as we know it. … Cheney the record clearly shows that blacks served on the jury. In State v.

Vitalia at Tradition Residents' Association, Inc. v. Vitalia at Tradition, LLC

District Court of Appeal of Florida · Nov 13, 2024

The developer’s argument that declaration sections 22.9 and 22.22 establish the developer’s proportional share of assessments as zero and exempt the developer from paying assessments post-turnover fails for three reasons. … First, the governing documents did not clearly create specific “classes of parcels” as section 720.308(1)(a) contemplates.

School Board of Polk County v. Polk Education Ass'n

11 Fla. L. Weekly 77 · District Court of Appeal of Florida · Dec 30, 1985

Appellant argues initially that two prior decisions of this court establish a per se exclusion for all personal secretaries to managerial employees. Pensacola Junior College v. … items 1-5 or 7 of § 447.203(4)(a), in addition to qualifying as managerial under item (6) which reaches all administrative personnel in § 228.041(10), Florida Statutes.

Kathleen Jennings, the Attorney General of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri Kelly, Geoffrey M. Rogers, and Winfred L. Thornton, etc.

District Court of Appeal of Florida · May 31, 2024

Indeed, the Settlement Agreement clearly states that future litigation by the parties over its enforcement and other Trust- related concerns was anticipated. … No clearly expressed legislative disapproval exists for overruling Gebelein I or the special interest doctrine.

Dept. of Transp. v. Blackhawk Quarry Co. of Fla., Inc.

13 Fla. L. Weekly 1484 · District Court of Appeal of Florida · Jun 23, 1988

The SOP however is clearly an agency statement of general applicability implementing or prescribing agency policy. … Blackhawk may be able to obtain qualifying coquina material from other sources, or from its own mine, after additional refining efforts.

Crenshaw v. State

521 So. 2d 138 · District Court of Appeal of Florida · Mar 10, 1988

cause is established, the burden shifts to the defendant to prove, as a defense, that the vehicle was not in fact being used for such purpose. … General similarity does not qualify similar fact evidence for admission; rather, identifiable points of similarity must pervade the compared factual situations. Drake v. State, 400 So.2d 1217 (Fla. 1981); Garrette v.

City of Fort Lauderdale v. Baruch

718 So. 2d 843 · District Court of Appeal of Florida · Aug 19, 1998

To qualify as a "claimant," a party opposing forfeiture has the burden of establishing both a "proprietary interest" in the property seized and "standing" to challenge the forfeiture. See §§ 932.701(2)(h), 932.704, Fla. … interest in the property in order to establish standing to contest probable cause.

Evans v. State

675 So. 2d 1012 · District Court of Appeal of Florida · Jun 19, 1996

In addition, the agreement stated that the "Defendant agrees he qualifies as a habitual offender and if found guilty of a V.O.P. he will be sentenced as a Habitual Offender." … Clearly, review of the record reveals that the trial court's oral pronouncement at the December 20, 1994, sentencing hearing and the written commitments prepared for the Department of Corrections did not contain language

Gerber v. Iyengar

725 So. 2d 1181 · District Court of Appeal of Florida · Dec 23, 1998

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." … Clearly, the introduction of this highly probative evidence will be time consuming, for it is axiomatic that Dr.

DeLong v. Wickes Co.

545 So. 2d 362 · District Court of Appeal of Florida · May 26, 1989

The daughter established that she lost about $2,000 in wages as a result of the accident. … Although the majority concedes that Richard DeLong's verdict was clearly inadequate, they conclude that the award of a $2,000 additur to Mr. DeLong corrected the jury's error.

Martin v. Martin

923 So. 2d 1236 · District Court of Appeal of Florida · Mar 23, 2006

Here, the record clearly establishes former wife inherited the forty-acre parcel in 1992, it was titled in her name alone, and the title was never changed. … Dyson, 597 So.2d 320, 324 (Fla. 1st DCA 1992) (citations omitted)(holding mortgage payments did not qualify as special equity; therefore, the wife was entitled to equitable distribution only to the extent the value of the

Yashus v. State

796 So. 2d 540 · District Court of Appeal of Florida · Nov 24, 1999

This clearly appears to us not to have been a habitual offender sentence. … First, the judge must determine whether a defendant qualifies as a habitual felony offender. Second, the judge must decide whether the defendant will be sentenced as a habitual felony offender.

State v. Marks

758 So. 2d 1131 · District Court of Appeal of Florida · Mar 29, 2000

Hence we agree with the trial court that, under the law clearly established when the first successor judge undertook to have these ex parte conferences, there was no plausible basis for him to have believed that he was authorized … The subject deposition qualifies as one incident, although the alleged perjuries therein might qualify as acts.

Village of Key Biscayne v. Dade County

627 So. 2d 1180 · District Court of Appeal of Florida · Nov 9, 1993

Where the words used in an act clearly express the legislative intent no other rules of construction or interpretation are necessary or warranted. Rinker Materials Corp., 286 So.2d at 554 . … The record does not establish that the Project conforms strictly to the CDMP’s requirements.

State, Department of Banking & Finance ex rel. Lewis v. Standard Federal Savings & Loan Ass'n

9 Fla. L. Weekly 2578 · District Court of Appeal of Florida · Dec 11, 1984

Both K-Mart and its satellite subsidiary KMI are qualified to do business in Florida. Neither K-Mart nor KMI is registered as a broker/dealer under Florida or federal securities laws. *299 3. … Clearly, Congress has not sought to preempt all vestiges of state regulation over the establishment, operation, and supervision of banking institutions and savings and loan associations.

WICCAN RELIGIOUS CO-OP. OF FLA. v. Zingale

898 So. 2d 134 · District Court of Appeal of Florida · Mar 8, 2005

Wiccan appeals only the trial court's ruling that section 212.06(9), Florida Statutes, is facially constitutional, arguing that the trial court erred because the statutory tax exemption clearly violates the United States … Does Hermann Hesse's Siddhartha qualify? Or Nikos Kazantzakis's The Last Temptation of Christ?

State v. Curtin

764 So. 2d 645 · District Court of Appeal of Florida · Apr 25, 2000

For example, section 775.084, Florida Statutes, establishes the procedure for declaring a defendant to be a habitual offender. … Because the defendant was guilty of sexual battery on a person physically helpless to resist, a first degree felony, he qualified as a sexual predator.