Case law

EI Dupont De Nemours v. Castillo Ex Rel. Castillo

748 So. 2d 1108 · District Court of Appeal of Florida · Feb 9, 2000

The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue.... … The court concluded: [A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists.

Collie v. State

710 So. 2d 1000 · District Court of Appeal of Florida · May 1, 1998

The purpose of this federal legislation was to establish effective sexual predator registration programs in every state. … This makes the cost of sex offender victimization to society at large, while incalculable, clearly exorbitant.

Terrance J. Pickett v. Holly C. Copeland

District Court of Appeal of Florida · Jan 16, 2018

Malken, 207 So. 3d 891, 894 (Fla. 4th DCA 2017) (“A minimum of two incidents of harassment are required to establish stalking.”). … The availability of this injunction enables victims of stalking, including cyberstalking, who do not qualify for domestic violence injunctions, to seek relief without the necessity of proving the two separate stalking offenses

BROWARD COUNTY RUBBISH CON. ASS'N v. Broward County

112 So. 2d 898 · District Court of Appeal of Florida · Apr 1, 1959

will produce in some of the users of the present franchise holders, but the court cannot say, from the evidence thus far produced, that the action complained of is illegal, fraudulent, a gross abuse of discretion, or so clearly … It may be stated broadly that this immunity from judicial control embraces the exercise of all municipal powers, whether legislative or administrative, which are strictly discretionary.'"

Saralegui v. Sacher, Zelman, Van Sant Paul, Beily, Hartman & Waldman, P.A.

19 So. 3d 1048 · District Court of Appeal of Florida · Sep 30, 2009

Two months later, Tavares told Trelles that Doyle was looking for smaller investors in GNT Investments, said to be a German company establishing a telephone business in Africa. … The agreement further stated that the “Trustee acts on behalf of an international qualified borrower (“Client”), who is currently participating in an investment project.” Doyle signed as “Trustee.”

Hirsch v. Hirsch

369 So. 2d 407 · District Court of Appeal of Florida · Apr 3, 1979

The principle is well established that when the parties to a contract have indicated their intention as to the law which is to govern the contract, then it will be governed by such law in accordance with the intent of the … Under Fla.Adm.Code Rule 10C-26.06 (App. 1), one may not qualify for welfare payments if his income exceeds $167 per month or he has assets of more than $600. The appellee is ineligible on both counts. .

State v. Kepner

560 So. 2d 251 · District Court of Appeal of Florida · Mar 13, 1990

We conclude that the effect of this amendment, which quite clearly permits a state appeal, also had the concomitant effect of requiring a lawful basis for a downward departure in the form of written reasons. … It is undisputed that the defendant-appellee qualifies for treatment under the statute. . Diers expressly declined to rule upon the effect of this subsequent legislation.

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.

M.B. v. S.P., M.D., & CDMG, P.A.

124 So. 3d 358 · District Court of Appeal of Florida · Oct 18, 2013

Waxman, 9 S.W.3d 601, 604 (Mo.2000) (holding that where plaintiff presented expert witness to establish that physician breached standard of care and, in establishing witness’s credentials, plaintiff inquired about board certification … The motion in this case clearly met the requirements of rule 2.330(d)(1).

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.

State of Florida v. Gerson Contreras Saravia

District Court of Appeal of Florida · Feb 26, 2025

Moreover, as to the bar manager, the officers said they could easily obtain his information, and the bar manager’s face was clearly visible on the bodycam videos. … Rather, the witnesses qualified as citizen informants and the information was sufficiently reliable. See Milbin v.

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.

Nero Cooke v. State of Florida

174 So. 3d 628 · District Court of Appeal of Florida · Sep 16, 2015

It is quintessentially the duty of counsel to provide [the] client with available advice about an issue like deportation and the failure to do so clearly satisfies the first prong of the Strickland analysis … As a result, he did not meet section 1229b’s other two requirements for a defendant to qualify for discretionary cancellation of removal.

Putnam County School Board 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

Baptist Medical Center v. Stolte

10 Fla. L. Weekly 2087 · District Court of Appeal of Florida · Sep 10, 1985

She also refused pediatric work, which she stated she was not qualified to perform. … The Division is also authorized to adopt rules establishing an unemployed person's availability for work.

Charles Bechert, III v. Luciana Surban Bechert O/B/o, O.B.

District Court of Appeal of Florida · Apr 9, 2025

The First District then noted that in Raford, the supreme court held “the parental privilege to use corporal discipline does not provide absolute immunity to charges of child abuse under section 827.03, however, it may be … The trial court below even recognized the evidence was not “clearly about the physical injury . . .” and the violence alleged in the petition was “terribly exaggerated.”

Fernandez v. Chamberlain

201 So. 2d 781 · District Court of Appeal of Florida · Aug 4, 1967

`Looking back over this long history of litigation a trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. … One seeking to effect service under Section 47.29 has the burden of presenting facts which clearly justifies its applicability. Young Spring & Wire Corp. v.

White v. Bacardi

446 So. 2d 150 · District Court of Appeal of Florida · Jan 24, 1984

Second, Florida has enacted no legislation which limits or qualifies the validity of spendthrift trusts, compare Missouri and Pennsylvania, [3] nor has it passed any law which specifically exempts spendthrift trust income … Public policy, although often used loosely, means the law of the state, whether found in or clearly implied from its constitution, statutes or judicial decisions. Building Service Employers International Union v.

Adjmi v. State

139 So. 2d 179 · District Court of Appeal of Florida · Apr 9, 1962

As to the amount received, it was sufficient to qualify as grand larceny. *185 We turn now to a discussion of appellants' second point. … We think not, because the statements clearly refer to the failure of the defense to make complete their affirmative proposition of a sale.

Lykes Bros., Inc. v. Clements

11 Fla. L. Weekly 2454 · District Court of Appeal of Florida · Nov 19, 1986

But, in this case, section 704.03 governs whether a necessity exists, and, here the evidence clearly supports the result reached by the trial court. … When plaintiffs’ counsel objected to all of this testimony on the basis of relevance, Lykes’ attorney explained that it was relevant because if the trial court found that the plaintiffs were landlocked but not qualified for