Case law

Pix Shoes of Miami, Inc. v. Howarth

201 So. 2d 80 · District Court of Appeal of Florida · Jul 11, 1967

One of the three others clearly testified that the verdict was in fact a quotient verdict. … One of the jurors testified unequivocably that this verdict was arrived at in a manner containing all of the necessary elements to qualify as a quotient verdict.

North Miami Medical Center, Ltd. v. Miller

896 So. 2d 886 · District Court of Appeal of Florida · Mar 2, 2005

"without insurance"), that court, however, never adjudicated whether "going bare" or "opting out" through subsection 5(g) is expressly authorized and therefore, serves as a defense to immunize the hospital. … by one of the following methods: (a) Establishing and maintaining an escrow amount consisting of cash or assets eligible for deposit....

T.M.H. v. D.M.T.

79 So. 3d 787 · District Court of Appeal of Florida · Dec 23, 2011

Moreover, chapters 63 and 382 do not establish parentage or parental rights. … Lucas qualifies as a sperm donor.” Id. at 318. Unlike the instant case, the court in Lamaritata concluded that the man was a donor because a contract said he was a donor.

Jackson v. Ryan's Family Steak House

27 So. 3d 90 · District Court of Appeal of Florida · Dec 22, 2009

/carrier (E/C) would introduce evidence establishing that a reasonable fee certainly would not exceed $3,860.00. … I believe the better course would have been for the JCC, upon finding the fee established by the evidence unconscionably excessive, to pose questions to the witnesses (as is permitted by section 440.33(1)) to establish the

STATE, DEPT. OF ADMINSTRATION v. Stevens

344 So. 2d 290 · District Court of Appeal of Florida · Apr 6, 1977

F.S.A.), establishes minimum requirements for the adjudication of any party's legal rights, duties, privileges or immunities by state agencies ... … These two documents clearly are agency policy statements of general applicability which were applied and were intended to be applied with the force of a rule of law.

Turner Const. v. Central Fl. Equip. Rental

904 So. 2d 474 · District Court of Appeal of Florida · May 4, 2005

However, Central Florida Equipment argues that because the dispute resolution provision is permissive in nature, this provision does not qualify as a specific dispute resolution requirement. … Car.1987)(effect of forum selection clause is to establish forum for dispute resolution). See also Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v.

Hudson v. State

745 So. 2d 997 · District Court of Appeal of Florida · Sep 10, 1999

Hudson placed the following personal advertisement in Hand Jobs magazine: *999 John Hudson Could you possibly qualify as my "dreamboy?" My one and only loving son. Are you 21 or under? You can't be into drugs + alcohol. … Hudson's arguments boil down to a claim that the facts upon which the State rely do not establish a prima facie case of guilt.

City of Jacksonville v. Rodriguez

851 So. 2d 280 · District Court of Appeal of Florida · Aug 6, 2003

It is well established that, in order to establish entitlement to certiorari relief, the Petitioner must demonstrate both that the order under review departs from the essential requirements of law and that the order will … Stat. (2002)(stating that a witness is qualified as an expert by knowledge, skill, experience, training, or education). Although Captain Kramer is an employee of the City, he may still be considered an expert.

Regency Inn v. Johnson

422 So. 2d 870 · District Court of Appeal of Florida · Sep 23, 1982

We also note that the statutory language on wage loss, supra, stands in contrast to that which governs a claimant's burden in establishing permanent total disability, i.e., "the burden shall be upon the employee to establish … The failure to qualify for wage loss for one period does not bar recovery of wage loss benefits for a subsequent period. The claimant clearly demonstrated repeated requests for reemployment and an adequate job search.

Silver Springs, Inc. v. Canal Authority

252 So. 2d 295 · District Court of Appeal of Florida · Sep 9, 1971

Another map contained in the record, apparently prepared by the Corps of Engineers, seems to corroborate this fact by clearly showing the area known as the boat basin just off and adjacent to State Road 40 to be within the … “The concession operations at the access points will be widely advertised to all interested parties for bids and award of the lease contract will be made to the best qualified offeror.

EM Watkins & Co., Inc. v. Bd. of Regents

414 So. 2d 583 · District Court of Appeal of Florida · May 12, 1982

To the extent an agency may intend in its final *588 order to rely upon or refer to policy not recorded in rules for discoverable precedents, that policy must be established by expert testimony, documentary opinion, or other … The language of the third addendum was couched in mandatory terms and clearly requires the listing of the major subcontractors.

Boyette v. State, Professional Practices Council

346 So. 2d 598 · District Court of Appeal of Florida · May 25, 1977

He concluded, after referring to the statutes, the record did not establish that Boyette exerted such force as to put the prosecutrix in such fear that she was compelled to submit, nor did it establish that he threatened … Dean qualified his answer by stating that the person's effectiveness as a classroom teacher would not be reduced. On recross-examination Mr.

Alexander v. State

778 So. 2d 1017 · District Court of Appeal of Florida · Dec 20, 2000

The prosecutor granted him immunity, and his testimony was a significant part of the state's case against appellant. … The prosecutor used this statement to establish a motive for appellant's participation in the crime.

Humana, Inc. v. Castillo

728 So. 2d 261 · District Court of Appeal of Florida · Jan 15, 1999

Appellants (Humana) challenge the trial court order finding that appellees' action against Humana qualified as a class action suit. We reverse. … The court held that where separate contracts were involved, each purchaser would be able to establish the elements of fraud only by individual proof.

AG Edwards & Sons, Inc. v. Petrucci

525 So. 2d 918 · District Court of Appeal of Florida · Apr 27, 1988

Having established that the court had jurisdiction, we now focus on section 10 and our disposition on the merits of the case. … We agree with the appellants that the trial court was second-guessing the arbitrator, which is clearly not its role in this matter.

Zurich Insurance Co. v. Martin

452 So. 2d 978 · District Court of Appeal of Florida · Jun 14, 1984

The court also found that the evidence established that Zurich has paid no compensation benefits to Martin since November 7, 1981, and no medical benefits since August 12,1982. … Section 440.39(3)(a) clearly contemplates a lien on future benefits by providing: “The employer or carrier shall recover ... what it has paid and future benefits to be paid_” (emphasis supplied).

Alonso v. Fernandez

379 So. 2d 685 · District Court of Appeal of Florida · Feb 5, 1980

In fact, it clearly appears that justice has been done. We should affirm. … As the owner of the vehicle, he was and is qualified so to testify. See Atlantic Coast Line R. Co. v. Sandlin, 75 Fla. 539 , 78 So. 667 (1918).

REBECCA HUGHES v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida · Nov 22, 2023

It found that the new statute did not create a new substantive right because the right to immunity was created in 2005. Id. at 186. … It concluded that the statute as amended “cannot be characterized as simply procedural or remedial, but was clearly substantive.

Page v. City of Fernandina Beach

714 So. 2d 1070 · District Court of Appeal of Florida · Jun 15, 1998

City of Tampa, 102 Fla. 501 , 135 So. 457 (1931) (discussing the difference between "an exclusive governmental function" and a municipality's "private or corporate duty" in the context of sovereign immunity). … Clearly the operation of an automobile racetrack and the operation of a marina are distinct and the Florida Supreme Court's holding in Sebring II did not overrule Fernandina Harbor Joint Venture.

Robert K. Robinson v. Commission on Ethics

242 So. 3d 467 · District Court of Appeal of Florida · Mar 29, 2018

By offering his services at the 11th hour as the best qualified candidate for the Zoning Hearing Officer position, the obvious conclusion an outsider to the process would make is that [Robinson] created an … And the evidence irrefutably shows he was acting consistent with the commission’s best interests, as clearly expressed and ratified by the commissioners themselves at their many public meetings on the topic.