Case law

Huffman v. Davis

571 So. 2d 1371 · District Court of Appeal of Florida · Dec 14, 1990

If Huffman was indeed voluntarily providing legal assistance to non-inmates, then clearly he was not exercising a constitutional right, and his 1983 action must fail. … Appellee additionally claims that even if Huffman was deprived of a constitutional right, appellee was acting in good faith to fulfill his responsibilities; thus he was entitled to the defense of qualified immunity.

Darling v. State

81 So. 3d 574 · District Court of Appeal of Florida · Feb 29, 2012

“Evidence is inextricably intertwined if the evidence is necessary to (1) adequately describe the deed, (2) provide an intelligent account of the crime(s) charged, (3) establish the entire context out of which the charged … State, 74 So.3d 521 (Fla. 4th DCA 2011) (holding that possession of a firearm by a convicted felon qualifies as an unlawful activity within the “stand your ground” law).

Old Republic Ins. Co. v. Whitworth

442 So. 2d 1078 · District Court of Appeal of Florida · Dec 20, 1983

Section 440.11(2) provides exceptions to the immunity granted in the case of certain willful assaults [physical aggression] and automobile accidents. … It would appear that the immunity granted under the statute was not intended to cover instances where a carrier intentionally harms the employee.

Mueller v. the Florida Bar

390 So. 2d 449 · District Court of Appeal of Florida · Nov 19, 1980

The question is whether The Florida Bar and its duly authorized agents enjoy immunity from liability for defamation or malicious prosecution by virtue of an absolute privilege. The answer is a qualified yes. … It was clearly within the scope of the authority of staff counsel to advise not only appellant's clients but also his prospective clients of appellant's disbarment. The latter category consists of the public at large.

City of Tallahassee v. Big Bend PBA

703 So. 2d 1066 · District Court of Appeal of Florida · Jun 24, 1997

Here, the arbitration statute clearly anticipates that, following confirmation of an award, additional judicial work (i.e., entry of a judgment) will occur. § 682.15, Fla. Stat. (1995). … Resha, 648 So.2d 1187 (Fla.1994)(in holding that "an order denying summary judgment based upon a claim of qualified immunity is subject to interlocutory review to the extent that the order turns on an issue of law," the Florida

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

Grady C. Judd, Sheriff of Polk County v. Christina Haegele, as Personal Representative of the Estate of Chance Haegele

District Court of Appeal of Florida · Mar 28, 2025

After the parties had conducted discovery, Judd and the Deputies moved for summary judgment, claiming that they were entitled to qualified immunity from these claims. See Terrell v. … Smith, 668 F.3d 1244, 1250 (11th Cir. 2012) (“Qualified immunity affords complete protection to government officials sued individually . . . .” (citation omitted)).

Pomfret v. Atkinson

137 So. 3d 1161 · District Court of Appeal of Florida · Apr 9, 2014

To overcome a qualified privilege, the- plaintiff must establish express malice. Id. … The statements were therefore protected by a qualified privilege.

Interair Services, Inc. v. Insurance Co. of North America

375 So. 2d 317 · District Court of Appeal of Florida · Jun 27, 1979

We do not find any decision of the appellate courts of Florida allowing the state to hide behind the doctrine of sovereign immunity to avoid its clearly established contractual obligations. … Where the legislature has expressly authorized the counties to own, operate, maintain and contract with respect to airport facilities, we think the waiver of sovereign immunity is clearly and sufficiently implied even if

Eugene Gartman and Adrienne Gartman v. Southern Tactical Range, LLC, a Florida Limited Liability Company; And BITN, LLC, A

District Court of Appeal of Florida · Jul 23, 2025

And the Range fails to point to anything that would qualify as such. … In upholding the statute, the Florida Supreme Court concluded that the courts must heed the Legislature’s public policy declarations unless they are “clearly shown to have been promulgated without power to do so.”

Charlie Wyne v. State of Florida

189 So. 3d 840 · District Court of Appeal of Florida · Jul 29, 2015

The participants discussed a proffer letter which would provide him immunity from non-violent crimes, but the Assistant U.S. Attorney told appellant directly that he would not obtain immunity for any crimes of violence. … Under a totality of the circumstances test, the trial court clearly did not err in denying the motion to suppress the confession as involuntary. Traylor v.

Ward v. Nationwide Mut. Fire Ins. Co.

364 So. 2d 73 · District Court of Appeal of Florida · Nov 8, 1978

As always in determining questions involving the interpretation of insurance contract, it is helpful to repeat those well established rules which we are required to apply in reaching our conclusions. … But the legislature has clearly spelled out the consequences of that dereliction of duty. Personal liability is imposed by Section 627.733 as well as the loss of no fault tort immunity.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Aug 7, 2025

Because the government is immune to suit, it “cannot be sued, except with its own consent. … power that, as already explained, the ALJ clearly cannot possess.

Department of Health v. Curry

722 So. 2d 874 · District Court of Appeal of Florida · Nov 20, 1998

The Department ... shall supervise and secure the enforcement of the required immunization.... .... (3) The school board of each district and the governing authority of each nonpublic school shall establish and enforce as … Curry, on the other hand, argues that section 232.032(4)(a) clearly and unambiguously provides that a parent or guardian is entitled to have his or her child exempted from the required immunizations if he or she "objects

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D. AND WEST FLORIDA-MHT, LLC D/ B/ A HCA FLORIDA SOUTH TAMPA HOSPITAL

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

State v. Rendon

832 So. 2d 141 · District Court of Appeal of Florida · Oct 30, 2002

Following Garrett , various courts of appeal have held that sovereign immunity also bars actions against states under Title II, which provides that "no qualified individual with a disability shall, by reason of such disability … That predicate ... has not been established." Id. at 376 , 121 S.Ct. 955 .

Hall v. King

254 So. 2d 223 · District Court of Appeal of Florida · Nov 11, 1971

Notwithstanding the establishment of his residency in Georgia, petitioner contends that he has established what he terms to be a secondary residence in Florida due to his many and close contacts with the State. … This point is clearly made in footnote 21 of the decision found at 394 U.S. 638 , 89 S.Ct. at 1333 as follows: “21.

State v. Fernandez

141 So. 3d 1211 · District Court of Appeal of Florida · May 21, 2014

“While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved for those situations where ‘there has been a violation of a clearly established principle … However, the defendants charged in the related cases still qualify as witnesses.

Delmonico v. Traynor

50 So. 3d 4 · District Court of Appeal of Florida · Jun 16, 2010

Clearly, speaking to potential witnesses during the pendency of litigation is of "some relation to the proceeding." … The court determined that attorneys performing extra-judicial investigations would be protected by qualified immunity.

City of Freeport v. Beach Community Bank

108 So. 3d 684 · District Court of Appeal of Florida · Feb 18, 2013

Because the City claims immunity from suit, and the effect of the challenged order requires the City to submit to litigation beyond such time as its immunity can be properly determined, we conclude that the City has established … Immunity from suit, inherent in sovereign immunity, is a distinct concept from a lack of liability under established tort law.