Case law

Debose v. State of Florida

District Court of Appeal of Florida · Dec 11, 2024

This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. … Furthermore, the court “reject[ed] the State’s argument that the trial court may look to the underlying facts of the qualifying offense to establish whether two laws are similar.” Id. at 1045.

Millard Services, Inc., etc. and Sunrise Mills (MLP) Limited Partnership, etc. v. Mary Bolda

155 So. 3d 1272 · District Court of Appeal of Florida · Feb 11, 2015

A lawsuit need not be filed for information gathered in an accident investigation to qualify for work-product protection. See Royal Caribbean Cruises, Ltd., 964 So. 2d at 718; Dist. Bd. of Trs. of Miami-Dade Cmty. … Gibeault, 495 So. 2d 1243, 1244 (Fla. 5th DCA 1986) (“Clearly, the burden is on the party who seeks to overcome a work product objection to show a need for the documents sought and demonstrate that they are unable, without

Sias v. State

416 So. 2d 1213 · District Court of Appeal of Florida · Jul 20, 1982

We think these latter facts comprise the type of singular behavior which qualifies the collateral crime evidence for admission. … This is in violation of well-established precedent.

Watson v. State

667 So. 2d 242 · District Court of Appeal of Florida · Aug 23, 1995

A factual basis for the plea was established and Watson acknowledged that the signature on his *246 plea agreement was genuine. … At the time he entered his plea to two new felonies and one misdemeanor, he had been previously convicted of five felonies and two misdemeanors, qualifying as an habitual felony offender.

Brown v. State

763 So. 2d 1190 · District Court of Appeal of Florida · Jan 26, 2000

The evidence established five separate sexual episodes during the night in question. … It was error to base the aggravator on the judge's personal perception of the evidence because, as we indicated earlier, a trial judge may not base sentencing aggravators on evidence that the jury has clearly resolved in

State v. Slaney

653 So. 2d 422 · District Court of Appeal of Florida · Mar 22, 1995

Clearly, the use of unauthorized persons to draw blood and the use of improperly maintained equipment could threaten the health of test subjects. … implied consent law, scientific test results for intoxication were admissible `if a proper predicate established that (1) the test was reliable, (2) the test was performed by a qualified operator with the proper equipment

In Re Estate of Silvian

347 So. 2d 632 · District Court of Appeal of Florida · May 20, 1977

Silvian, a savings account had been established by Westley Silvian and appellant in the Fidelity Federal Savings & Loan Association of West Palm Beach. … Since the instrument was not made payable to the decedent or otherwise endorsed to him, he did not qualify as a "holder" under the express provisions of the code.

Quinn v. Millard

358 So. 2d 1378 · District Court of Appeal of Florida · May 9, 1978

As to the assertion that he was not qualified to testify as an expert, the record reveals that plaintiffs' counsel did question him on his credentials and the court specifically determined that he was qualified. … lies within the discretion of the trial court and its decision will not be disturbed on appellate review unless both clearly erroneous and prejudicial to the opposing party.

Metropolitan Dade County v. Martinsen

736 So. 2d 794 · District Court of Appeal of Florida · Jul 14, 1999

Because the record clearly establishes that plaintiff engaged in serious misconduct, we hold that she has forfeited her right to proceed. … on [her] feet"; and she gave the incorrect name for the chiropractor she saw for eight months after this accident. [2] In her response to an interrogatory requesting a list of treating or examining doctors, plaintiff did qualify

Gisi v. State

848 So. 2d 1278 · District Court of Appeal of Florida · Jul 11, 2003

The court concluded: In determining what qualifies as a distinct act for purposes of deciding whether multiple acts can be charged in a single count, the spatial and temporal aspects of the multiple occurrences must be analyzed … The evidence presented at Gisi's trial clearly supported an argument that eight of Gisi's convictions for violations of section 800.04 were barred by double jeopardy considerations.

Lakeside Regent, Inc. v. FDIC

660 So. 2d 368 · District Court of Appeal of Florida · Sep 13, 1995

However, this premise is inconsistent with established Florida law governing the factors which a trial court has a duty to consider in evaluating whether a deficiency judgment should be entered in a foreclosure action. … Those were matters directly relevant to the issues before the court and, therefore, clearly within the proper scope of discovery. We reverse as to this issue. Appellant’s second point also has merit.

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.

Washburn v. Washburn

211 So. 3d 87 · District Court of Appeal of Florida · Jan 25, 2017

.” § 90.803(6)(c), The bank records here were clearly hearsay—they were statements made by the husband’s bank regarding transactions made into and out of his accounts, introduced to show that those transactions occurred. … We reverse the trial court’s admission of the husband’s bank records because no exception to hearsay was established.

Willie v. State

600 So. 2d 479 · District Court of Appeal of Florida · May 20, 1992

battery, murder, manslaughter, burglary of a dwelling, unlawful placing of bombs or trafficking, sale, manufacture, delivery or distribution of a controlled substance, alleged to have occurred after January 1, 1989; who qualified … Section 43.30, Florida Statutes (1989), stated that "[a]ll courts except the Supreme Court may sit in divisions as may be established by local rule approved by the Supreme Court."

Financial Fed. Sav. & L. Ass'n v. Burleigh House, Inc.

305 So. 2d 59 · District Court of Appeal of Florida · Nov 12, 1974

would be placed in a construction escrow fund and the remaining $800,000 would be held in reserve by Financial Federal for use in closing and disbursing on the individual condominium mortgage loans which would be assumed by qualified … It is well established that a borrower may agree with the lender to pay the actual and reasonable expenses of making a loan. Pushee v. Johnson, 123 Fla. 305 , 166 So. 847 (1936).

MAGDIEL MORALES v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida · Mar 16, 2022

Delgado was not qualified to evaluate the roof damage.1 The trial court subsequently rejected the Homeowners’ expert, reasoning that, as a general contractor, Mr. … If Citizens could establish that there were no genuine issues of material fact, then the Homeowners had to come forward with counterevidence sufficient to create a genuine issue of material fact. 2 See id.

State v. MM

407 So. 2d 987 · District Court of Appeal of Florida · Dec 15, 1981

This is so for the reason that the Legislature, in Section 232.02, clearly intended to distinguish between private schools on the one hand and home instruction by a private tutor on the other. … their mother who is not a qualified private tutor under Section 232.02(4). *991 We therefore reverse the final order under review in all respects save the adjudication that the minor appellees are dependent children within

Local 532 of the American Federation of State, County & Municipal Employees v. City of Fort Lauderdale

294 So. 2d 104 · District Court of Appeal of Florida · May 10, 1974

and bargain in good faith with a labor organization which had already been recognized as the collective bargaining agent for the employees, whereas in the instant case the real issue is whether the labor organization is qualified … This being established, it follows that the trial court properly refused to recognize Local 532 as the bargaining agent for the employees of the appellee-City.

FLA. EMERGENCY PHYSICIANS-KANG & ASSOCIATES v. Parker

800 So. 2d 631 · District Court of Appeal of Florida · Oct 12, 2001

Rather, Carrie claimed that they had a common-law marriage recognized by the state of Georgia; however, this was never established as a matter of law. … We do not address issues not clearly set out in the issues on appeal. F.M.W. Prop., Inc., 606 So.2d at 377-78 .

South Broward Hospital District, d/b/a Memorial Healthcare System v. Office of the Attorney General, Department of Legal Affairs, State of Florida

District Court of Appeal of Florida · Aug 14, 2024

(establishing Halifax Hospital Medical Center’s power to sue and be sued); Ch. 2000-439, § 4, Laws of Fla. (establishing Lee Memorial Health System’s power to sue and be sued). … If the Legislature can abrogate the long- established common-law immunity of elected officials, it certainly can abrogate any asserted common-law authority of the Attorney General to dispose of local entities’ legal claims