Case law

Covelli Family, LP v. ABG5, LLC

977 So. 2d 749 · District Court of Appeal of Florida · Mar 26, 2008

Panera argued, inter alia, that ABG5 had failed to establish proof that the cost to repair the hurricane damage to the building exceeded 20% of the building's insurable value. … court found that the repair estimate prepared by Parker did not constitute an estimate prepared by a "reputable contractor" as contemplated by the lease and that ABG5 had breached the notice provision by failing to obtain a qualifying

Cordell v. State of Florida

District Court of Appeal of Florida · Jun 19, 2026

the request and just as clearly denied the request.' " See Wong v. … the request and, just as clearly, denied that specific request.").

City of Tampa v. Walden

323 So. 2d 58 · District Court of Appeal of Florida · Dec 5, 1975

Municipal property can qualify for an exemption as being used exclusively for public purposes even when leased to private enterprise. Dade County v. Pan American World Airways, Inc., Fla. 1972, 275 So.2d 505 . … It is not only incidental to such operation but the type of operation so conducted under the lease is one clearly within the power of the County to carry on under the foregoing acts to accomplish the main purpose."

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.

Lee Memorial Health System, d/b/a Lee Health 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

Sarasota County Public Hospital District, d/b/a Sarasota Memorial Healthcare System, Inc. 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

Volkswagen Aktiengesellschaft v. Jones

227 So. 3d 150 · District Court of Appeal of Florida · May 17, 2017

VWAG has never been qualified, licensed, authorized, or registered to do business in Florida; 7. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation.

North Broward Hospital District, d/b/a Broward Health 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

Tilton v. Gardner

52 So. 3d 771 · District Court of Appeal of Florida · Dec 17, 2010

as bona fide commercial agricultural use;” and (3) “[n]o evidence of an economically feasible operation to qualify as good faith commercial agricultural use under the law.” … Clearly, a de novo determination by the property appraiser as to whether the land is being used for bona fide agricultural purposes would render section 193.461(3)(e) meaningless.

Onassis Burress and Toni Dicharia v. Roots and Fruits Juicery Inc. and Avenues Mall, LLC

District Court of Appeal of Florida · Feb 6, 2026

set forth in the statute, and our finding in the earlier appeal that respondents failed to establish that there is no material issue of disputed fact concerning the fraud claim is not the equivalent of petitioners establishing … Clearly, the contract covered the subject matter at issue.

Jackson v. State

907 So. 2d 696 · District Court of Appeal of Florida · Aug 3, 2005

During this hearing, defense counsel for Jackson agreed that Jackson had a sufficient number and category of sexual offenses to qualify for "chemical castration" sentencing and further stipulated to the introduction of a … Had the legislature intended for the 60-day requirement to be discretionary so that the determination could be made more than 60 days after the imposition of sentence, it could have clearly stated that fact.

Seduction Cosmetic Center Corp. v. Von Dunbar

District Court of Appeal of Florida · Jan 15, 2025

This broad clause is qualified in one manner—it eliminates medical malpractice claims and collection actions against the patient from those disputes that are arbitrable. This action qualifies as neither of those. … Clearly, pre-operative consultations, medical examinations, and photographs involve human effort. They involve labor, skill, and advice, and are part of providing those professional services.

Morse Diesel Intern. v. 2000 Island Blvd.

698 So. 2d 309 · District Court of Appeal of Florida · Jul 30, 1997

"Mandamus is available to enforce an established legal right but not to establish that right." … Trades Qualifying Bd. of Dade County, 231 So.2d 236, 237-38 (Fla. 3d DCA 1970).

Orange County v. Corchado

679 So. 2d 297 · District Court of Appeal of Florida · Aug 9, 1996

the chief judge or senior judge of the circuit in an amount not to exceed the prevailing hourly rate for similar representation rendered in the circuit; however, such compensation shall not exceed the maximum fee limits established … Although the trial court clearly had the inherent authority to appoint Mr.

STEFANO VERSACE v. URUVEN, LLC

District Court of Appeal of Florida · Oct 12, 2022

Following Hector Supply Co., other courts have excluded extrinsic evidence where the account documents clearly indicated the legal form of 3  ownership. … Beal Bank did not qualify its statement that an express designation of tenancy by the entireties “ends the inquiry.” Id. at 60.

Azzara v. Waller

11 Fla. L. Weekly 2112 · District Court of Appeal of Florida · Oct 3, 1986

Mary Beth herself did not testify but several people testified about their discussions of this name-change with Mary Beth, including two very reputable and qualified psychologists. … It also appears clearly that she warmly loves her mother, her father and her step-father, and feels very secure in their love for her.

Henry McDowell v. Roger Moore

District Court of Appeal of Florida · May 6, 2026

However, that language is expressly qualified by the phrase “to the extent enforceable by law.” … In this case, the Letter of Intent clearly informed McDowell that the commission schedule had not been finalized.

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

228 So. 3d 115 · District Court of Appeal of Florida · Aug 30, 2017

Benjamin, 93 So. 3d at 1082 (listing cases where such examples qualified). … Supp. 2d 36, 43–44 (D.D.C. 2006) (finding that “[t]he context and content of certain e-mails demonstrate clearly that Mr.

Kimmick v. U.S. Bank National Ass'n

83 So. 3d 877 · District Court of Appeal of Florida · Jan 18, 2012

Importantly, the Bank of America Payment Overview, on its face, clearly states that my six (6) months of reduced mortgage payments was for “mortgage remodification” [emphasis supplied]. 9. … The borrower has not qualified for a loan modification under the HAMP guidelines and the borrower is not paying on a loan modification currently.

Bradley v. State

971 So. 2d 957 · District Court of Appeal of Florida · Dec 28, 2007

established that he did so. … Bradley was only charged by information with possession or carrying a firearm during the commission of the qualifying offense, the record demonstrates that Mr.