Case law

United Automobile Insurance Co. v. Affiliated Healthcare Centers, Inc.

43 So. 3d 127 · District Court of Appeal of Florida · Aug 25, 2010

a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … Miami-Dade County, 969 So.2d 389 (Fla. 3d DCA 2007) (“Indeed, we are bound to affirm the lower tribunal unless ‘there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.’

Thunderbird Drive-In Theatre, Inc. v. REED EX REL. REED

571 So. 2d 1341 · District Court of Appeal of Florida · Oct 3, 1990

The sole proximate cause, according to the Theatre, was the negligence of Coyman in turning into the path of the oncoming traffic when such traffic was clearly visible. … Furthermore, the three elements referred to in Sno Eagles, while found in Bolton , are missing in this case in which nothing more than the Theatre's awareness of the condition can be established.

Jauregui v. Bobb's Piano Sales & Service, Inc.

922 So. 2d 303 · District Court of Appeal of Florida · Feb 15, 2006

The plaintiff, whom I find credible, has shown, even by clear and convincing evidence, that the piano delivered was not new. * I reach this conclusion — even though the piano may have qualified for the manufacturer’s new … Plaintiff has established that Defendant breached the contract between the parties. Plaintiff, however, takes nothing in damages.” .

Channell v. State

107 So. 2d 284 · District Court of Appeal of Florida · Oct 1, 1958

The ground of the motion to quash filed in that case is not shown, but it clearly appears that throughout the trial the defendant objected to the introduction of evidence of his prior conviction. … But in the present case the qualifying phrases used by the jury in the verdicts under counts two and three were "as to count II" and "as to count III". These phrases qualify the verdicts in entirety.

State v. Miketa

824 So. 2d 970 · District Court of Appeal of Florida · Aug 21, 2002

Ramirez asked JOHN MIKETA if he could "go home and shoot them off," JOHN MIKETA advised him that he could not; and that he needed to read the law to determine if he qualified for any exemption to the statute. … Both Combs and Heggs suggest that the district court should examine the seriousness of the error and use its discretion to correct an error "only when there has been a violation of [a] clearly established principle of law

Great Outdoors Trading, Inc. v. City of High Springs

14 Fla. L. Weekly 1850 · District Court of Appeal of Florida · Aug 4, 1989

Section 803 establishes the criteria for petitions. Section 804 establishes the procedure and time limitations for filing petitions. … Clearly, the zoning provision in this case meets the foregoing standard.

Let Miami Beach Decide v. City of Miami Beach

120 So. 3d 1282 · District Court of Appeal of Florida · Sep 20, 2013

We conclude, however, that the rule is different where, as here, the intervenor is an indispensable party to , the action.”), SBACE does not qualify for this exception. … Therefore, the lease approval question is confusing and violates the requirement of ballot clarity and accuracy established by section 101.161.

Akers v. Akers

582 So. 2d 1212 · District Court of Appeal of Florida · Jun 21, 1991

As conceded by appellant, the applicable rule is that, ordinarily, an owner is qualified to testify to the value of his own property. Hill v. … Her further testimony on the cited page clearly shows that she never saw the coins in the safe.

Slawson v. Fast Food Enterprises

671 So. 2d 255 · District Court of Appeal of Florida · Apr 10, 1996

The court explained this rule in Carlile as follows: "[The] statute is clearly in derogation of the common law principle of sovereign immunity and must, therefore, be strictly construed: `Statutes in derogation of the common … They will not be interpreted to displace the common law further than is clearly necessary.

Darnell v. State

District Court of Appeal of Florida · May 18, 2016

Hernandez clearly qualifies as a “spontaneous statement” because he made the statement—“That’s him”—as he was perceiving and pointing at the man in the camouflage shirt. … We disagree because the defendant’s defense at trial was misidentification, not self-defense, and in support of his defense, the defendant presented the testimony of alibi witnesses to establish that he was not present

Dollar Systems, Inc. v. O'Connor & Meyers, P.A.

883 So. 2d 295 · District Court of Appeal of Florida · Jun 16, 2004

Gastroenterology Group of South Florida, P.A., 710 So.2d 148, 149 (Fla. 3d DCA 1998)(“[n]ot every document filed in a court file qualifies as record activity”). … Thus, we conclude that while the filing of a notice of deposition has been held sufficient record activity to avoid dismissal, and the taking of a deposition may establish good cause by which to avoid dismissal, Hall, 784

Darnell v. State

193 So. 3d 88 · District Court of Appeal of Florida · May 18, 2016

Hernandez clearly qualifies as a “spontaneous statement” because he made the statement—“That’s him”—as he was perceiving and pointing at the man in the camouflage shirt. … We disagree because the defendant’s defense at trial was misidentification, not self-defense, and in support of his defense, the defendant presented the testimony of alibi witnesses to establish that he was not present

Kilgore v. State

933 So. 2d 1192 · District Court of Appeal of Florida · Jun 21, 2006

As the State argues, there are well-established procedures for collaterally attacking, and, if warranted, for obtaining counsel to collaterally attack final judgments of criminal conviction. … Failure to pursue such a well-established course of action can be used to assert an ineffective assistance of counsel claim, if there was a right to counsel in this context. See Rompilla v.

Hernandez v. State

137 So. 3d 542 · District Court of Appeal of Florida · Apr 9, 2014

State, 983 So.2d 34, 35 (Fla. 1st DCA 2008) (“Rule 3.710(a) clearly mandates that the trial court first order a PSI before sentencing a first felony offender to more than probation.”). … See Martinez, 123 So.3d at 705 (“In order to establish prejudice, petitioner need only show that the trial court’s order undermines confidence that the sentence was correctly imposed.”)

Dmu v. Dcf

917 So. 2d 984 · District Court of Appeal of Florida · Dec 28, 2005

However, mere inclusion in the order of the date on which the dependency hearing was held is insufficient to qualify as incorporation of the oral pronouncements made at the hearing. … An appellate court must overturn a trial judge's determination that evidence is clear and convincing only when the trial court's decision is clearly erroneous or lacking in evidentiary support.

Legal Envir. Assistance v. Dep

702 So. 2d 1352 · District Court of Appeal of Florida · Dec 18, 1997

LEAF filed a verified petition meeting the statutory requirements, which would clearly have entitled it to intervention if it had been a domestic corporation. The majority does not suggest otherwise. … 617.1505(2), Florida Statutes, was enacted, Ch. 90-179, § 95, Laws of Fla., a domestic corporation's entitlement to participate in administrative proceedings on the authority of section 403.412(5), Florida Statutes, had been established

Bell v. Anderson

414 So. 2d 550 · District Court of Appeal of Florida · Apr 21, 1982

The trial court granted a summary final judgment for Anderson, holding that as a matter of law the admitted threat established probable cause for Anderson to initiate criminal proceedings against Bell. We reverse. … State, 386 So.2d 869 (Fla. 1st DCA 1980), also cited by appellee, is likewise clearly distinguishable on its facts.

Syfrett v. Syfrett-Moore

115 So. 3d 1127 · District Court of Appeal of Florida · Jul 9, 2013

Pope stated in his affidavit that the decedent was “extremely weak and feeble and clearly medicated” when he signed the deed but expressed “no opinion one way or the other” whether the decedent had sufficient ability to fully … there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity

Ellis v. Braddy

272 So. 2d 562 · District Court of Appeal of Florida · Jan 16, 1973

Defendant Sharpless, on June 16, 1971, sent a letter 1 to the Chairman of the Civil Service Board outlining a plan for the hiring of black firemen for the City’s fire department which recommended establishment of separate … Issues raised in the instant complaint which are clearly not the subject matter of the federal proceeding are: Do the defendants possess the right to ignore their own Civil Service Rules and Regulations?

United Gas Pipeline Co. v. Noa

281 So. 2d 377 · District Court of Appeal of Florida · Aug 9, 1973

Appellees rely primarily upon the testimony of a highly qualified expert witness who expressed his opinion as to the meaning of the foregoing cited sections of USAS B-31.8 Code adopted by the Florida Public Service Commission … The evidence adduced by appellees clearly proved that United was a pipeline company; that Gulf was a large volume customer; and that the gas transmitted by United to Gulf’s meter traveled in large high pressure lines.