Case law

Computer Sales Intern. v. State Dept. Rev.

656 So. 2d 1382 · District Court of Appeal of Florida · Jul 13, 1995

In Lincoln Pointe, the taxpayer had recorded two mortgages in the amounts of $23,800,000 and $5,950,000, respectively, with each containing the qualifying language, "`or so much thereof as may be advanced, to be paid in accordance … Under these conditions, the lease did not establish a fixed and absolute obligation to pay at the moment of execution and cannot be subject to tax.

Szniatkiewicz v. Unemployment Appeals Com'n

864 So. 2d 498 · District Court of Appeal of Florida · Jan 7, 2004

To voluntarily leave employment for good cause, the cause must be one which would reasonably impel the average able-bodied qualified worker to give up his or her employment.... … In this case, the evidence was uncontroverted that appellant clearly had a valid reason to leave his employment and to travel overseas to tend to his ailing father.

Allen v. Estate of Dutton

394 So. 2d 132 · District Court of Appeal of Florida · Dec 3, 1980

POINTS 1, 2 and 3 The basic question is whether the pleadings and the record clearly show an absence of any genuine issue which could prove or *134 establish undue influence. [1] We must make this determination after reviewing … Sears, Roebuck & Co., 351 So.2d 29 (Fla. 1977). [3] "Qualified" for purposes of receiving federal estate tax deduction pursuant to 26 U.S.C. § 501 (c)(3). [4] Zinnser v.

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida · Apr 5, 2019

Clearly, Miller was not engaged in work at the time, nonetheless the Florida Supreme Court found his death compensable. Id. … Those fellow employees are currently immune from suit for negligence under section 440.11(1), Florida Statutes.

STATE, DHRS v. Southpointe Pharmacy

636 So. 2d 1377 · District Court of Appeal of Florida · May 13, 1994

See Op.Att'y Gen.Fla. 89-93 (1993) ("book produced in connection with official city business to report a city's growth management would qualify as a public record"). … University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity

Henegar v. State

635 So. 2d 990 · District Court of Appeal of Florida · Apr 19, 1994

This verification is clearly not identical to those found inadequate in Scott and Gorham in that it does not contain the “to the best of his knowledge” qualification. … Applying the analysis used in Gorham, we hold that the instant verification was sufficient to establish personal knowledge of the facts and matters contained in the trial court record.

Peninsular Life Insurance Company v. Hanratty

281 So. 2d 609 · District Court of Appeal of Florida · Aug 20, 1973

This was clearly an issue for the jury to decide and upon which the jury verdict may have been based. … The right to such a fee is not now established since it is contingent "[u]pon the rendition of a judgment ... against an insurer ...".

In Re Estate of Carpenter

239 So. 2d 506 · District Court of Appeal of Florida · Sep 25, 1970

is ample circumstantial evidence from which the trier of fact could find that Mary had exerted influence on her mother through acts of kindness, the record is devoid of evidence tending to show that such influence would qualify … Nonetheless, *510 the law should be applied with caution lest in our zeal we extend it so as to defeat the wishes of one who with full testamentary capacity has executed a will which is not clearly shown to be contrary to

Beasley v. Wolf

151 So. 2d 679 · District Court of Appeal of Florida · Apr 2, 1963

The appellee-garnishee first argues that the automobile in question did not qualify as an "owned" automobile because it was not listed under the declarations section of the policy. … His timely objection to the use of an affidavit to establish the amount of the fee should have been sustained.

MARIE C. CADET v. DEPARTMENT OF HEALTH

255 So. 3d 386 · District Court of Appeal of Florida · Oct 17, 2018

Rather, the DOH’s allegation of “failing to return” the drugs established that Appellant misappropriated the drugs by failing to return expired medications to her employer’s pharmacy. … Based on the governing statutes and rules, the Board’s finding that Appellant fell below the minimal standards of nursing practices by “failing to return” expired drugs to her employer’s pharmacy was clearly erroneous.

INTERN. STUDIO APARTMENT ASS'N, INC. v. Lockwood

421 So. 2d 1119 · District Court of Appeal of Florida · Nov 24, 1982

Had the 1980 decision declaring the statute unconstitutional emanated from the Florida Supreme Court rather than the Supreme Court of the United States, it would have qualified as an "overruling decision" and the exception … Thus, the unconstitutionality of the statute was an issue of first impression (in Webb's Fabulous Pharmacies ) whose resolution was not clearly foreshadowed.

Maldonado v. EMSA Ltd. Partnership

645 So. 2d 86 · District Court of Appeal of Florida · Nov 9, 1994

It does not require that claimant establish defendant's negligence or prove its case during the presuit screening process. … Clearly, if defendant did not have sufficient information to evaluate the merits of the claim it would have been unable to provide a responding affidavit.

Paredes v. State

760 So. 2d 167 · District Court of Appeal of Florida · Mar 29, 2000

As the instructions on the form clearly indicate, the trial court may rely on the checklist. … This statutory departure reason, too, was fully established. See § 921.0016(3)®, Fla. Stat. (1993).

Martin County School Bd. v. McDaniel

465 So. 2d 1235 · District Court of Appeal of Florida · Feb 27, 1985

In my view there was clearly competent and substantial evidence for the deputy to find that the claimant had been permanently, partially impaired. I would therefore uphold the order in its entirety. … This testimony clearly establishes the witness' awareness that his finding of permanent impairment was not in reliance upon the OSM rating but merely "with reference" to its methods for assessing low lumbar syndromes by taking

Paey v. State

943 So. 2d 919 · District Court of Appeal of Florida · Dec 6, 2006

However, in 2003, a majority of the Court agreed that "[t]hrough th[e] thicket of Eighth Amendment jurisprudence, one governing legal principle emerges as `clearly established'" —that a "gross disproportionality principle … This conclusion is directly supported by the majority opinion in Lockyer, 538 U.S. at 72 , 123 S.Ct. 1166 , in which the Court stated that the one principle clearly established in its case law was that a gross proportionality

Bussey v. Wal-Mart Store 725

867 So. 2d 542 · District Court of Appeal of Florida · Feb 27, 2004

Thus, our precedent establishes that the E/C's decision not to respond within 14 days operates as a denial. … Lee, 665 So.2d 304, 305 (Fla. 1st DCA 1995), this court decided the case, after further briefing, on an issue that the parties had not initially briefed, i.e., that of sovereign immunity.

Johnson v. Great Expressions Dental Centers of Florida, P.A.

132 So. 3d 1174 · District Court of Appeal of Florida · Jan 8, 2014

class; (2) was qualified to do the job; (3) was subjected to an adverse employment action; and (4) the employer treated similarly situated employees outside the class more favorably. … More importantly, we need not decide whether to adopt the “convincing mosaic” test because Johnson clearly fails under the “convincing mosaic” standard as well as the traditional McDonnell Douglas framework.

Miami-Dade County v. Jones

District Court of Appeal of Florida · Nov 8, 2017

The mere fact that an ordinance may cover the subject of inspecting food establishments does not imply that the County had constructive notice of a dangerous condition created by a food establishment. … However, the County has sovereign immunity from liability for enforcing or failing to enforce its laws. See Trianon Park Condo. Ass’n, Inc. v.

Merelus v. State

735 So. 2d 552 · District Court of Appeal of Florida · Jun 2, 1999

Although the facts in Buehler are clearly distinguishable from those of this case, the differences are not easily discernible due to the brevity of that opinion's factual recitation. … In Buehler , the defendant specifically advised the trial judge that he did not feel that his appointed public defender was qualified to represent him because the attorney had never before handled a hearing like the one he

Youngblood v. Citrus Assoc. of NY Cotton Exch., Inc.

276 So. 2d 505 · District Court of Appeal of Florida · Apr 17, 1973

Citrus Associates filed a motion to quash service of process, and plaintiffs instituted discovery proceedings limited to the question of jurisdiction in an attempt to establish that Citrus Associates is subject to service … (namely, doing business and connexity) have been met and that process has been served upon a person qualified to accept such process.