Case law

Horton v. Channing

698 So. 2d 865 · District Court of Appeal of Florida · Jul 16, 1997

It is well established that in construing that statute, a trial court has broad discretion in determining the subjects on which an expert may testify, keeping in mind the intent of the evidence code governing expert testimony … certain cases the trial court may exercise its discretion to admit such testimony from an expert who has treated the survivors and can provide specialized knowledge to assist the trier of fact in understanding the evidence: Clearly

Andrew Thomas Giamberini v. Department of Financial Services

162 So. 3d 1133 · District Court of Appeal of Florida · Apr 22, 2015

“If the agency’s interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed.” Fla. Dep’t of Educ. v. … Thus, a “statute’s plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent.” Daniels v. Fla.

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.

Goss v. Permenter

827 So. 2d 285 · District Court of Appeal of Florida · Aug 23, 2002

At best defense counsel could have established Dr. … Charash was qualified to give an opinion against an emergency room physician is clearly a collateral and irrelevant matter. Thus, the trial judge properly sustained the Permenters' objection to this line of questioning.

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.

Tuttle/White Constructors v. MONTGOMERY, ETC.

385 So. 2d 98 · District Court of Appeal of Florida · May 28, 1980

The appellant, Tuttle/White, moved for dismissal of Montgomery's claim at the close of plaintiff's case, contending that no prima facie case for recovery had been established, because the proof established untimely performance … On this complex record this finding is not clearly erroneous. F.R.Civ.P. 52(a).

Florida Hometown Democracy v. Browning

980 So. 2d 547 · District Court of Appeal of Florida · Apr 23, 2008

. *549 Although the citizen initiative provisions of the constitution are self-executing in that they clearly establish the right of the people to propose constitutional amendments through a petition procedure that may be … portions of a legislative enactment and implementing rules of the secretary of state prescribing citizen initiative signature verification procedures were valid because verification that the constitutionally required number of qualified

Elliott v. State

591 So. 2d 981 · District Court of Appeal of Florida · Dec 13, 1991

As a result of the rule established in State v. … The minority status of the prospective jurors clearly was a consideration in *984 determining whether a prima facie showing had been made.

Michael Klein v. 17121 Jade Ocean Condo, LLC

District Court of Appeal of Florida · Feb 5, 2025

We apply a clear error standard to the findings of fact, and a finding will not be disturbed unless it is totally unsupported by competent and substantial evidence, it is clearly against the weight of the evidence, or … Wilson, 357 So. 3d 1240, 1242 (Fla. 1st DCA 2023) (“[A]lthough ‘an expert may be qualified by experience,’ it does not follow ‘that experience, standing alone, is a sufficient foundation rendering reliable any conceivable

Scott v. Reyes

913 So. 2d 13 · District Court of Appeal of Florida · Sep 9, 2005

The Velzy court did not specify the “clearly defined means” other than an express trust that might qualify a claim for the recovery of cash or property from a decedent’s estate for exclusion from the operation of the statute … On the contrary, the allegations- of her petitions established that the Decedent asserted a claim of beneficial ownership in the accounts before his death.

Worley v. State

263 So. 2d 613 · District Court of Appeal of Florida · May 19, 1972

The credibility of such evidence is clearly a jury question. … After being accepted as qualified experts by the court the witnesses demonstrated how they were sure the voiceprint of the caller and defendant were the same.

Romans v. State

221 So. 3d 647 · District Court of Appeal of Florida · May 31, 2017

Additionally, reputation testimony from coworkers is admissible only in the limited circumstances where there is a showing of an “absence of sufficient contact with a community of residence to establish a reputation.” … Lastly, appellant asserts the trial court ¿rred in sentencing him to a term of drug offender probation where he had not committed a qualifying offense.

Warburton v. McKean

877 So. 2d 50 · District Court of Appeal of Florida · Jun 9, 2004

While Snyder might have involved some similar facts, "[t]he sole issue [in Snyder was] ... whether Kelli Snyder, as the granddaughter [of the decedent], may be properly considered an heir under the homestead provision, qualifying … Here, the $150,000 cash bequest to Warburton is clearly a general bequest as it is to be paid in cash and is not a directed gift of a particular asset.

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267 · District Court of Appeal of Florida · May 14, 1991

In that context, DER's letter of February 27 to Fischer clearly constitutes final agency action in the violation proceeding. [4] See, for example, Orange County v. … Certainly appellant could submit information to enable DER to investigate whether the driveway actually qualified for the exemption.

Hunt v. Hunt

394 So. 2d 564 · District Court of Appeal of Florida · Mar 4, 1981

It is abundantly clear to the court that wife is a qualified and experienced teacher. … Where the modification results in termination of a permanent alimony award, the party seeking the change must clearly establish circumstances not present and contemplated at the time of the original judgment, and the showing

Herrera-Vega v. State

888 So. 2d 66 · District Court of Appeal of Florida · Oct 22, 2004

He clearly admitted to touching the child's "vagina" and taking out his penis. *68 He also admitted that he stuck his tongue "inside" the victim's vagina twice. … "Testimony," in turn, is typically "[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact." Ibid.

State v. Espinoza

264 So. 3d 1055 · District Court of Appeal of Florida · Jan 30, 2019

Faiella , 39 F.Supp.3d 544 , 545 (S.D.N.Y. 2014) (finding that Bitcoin clearly qualifies as "money" or "funds" for purposes of the federal money transmitter statute because "Bitcoin can be easily purchased in exchange for … Clearly, the statute requires intent.

Blandenburg v. State

890 So. 2d 267 · District Court of Appeal of Florida · Nov 5, 2004

In this case, the State failed to establish that Frederick's or Christina's statements meet the test. … The testimony cited by the dissent, at best, establishes that both Frederick and Christina were excited.

Alcantar v. State

987 So. 2d 822 · District Court of Appeal of Florida · Aug 15, 2008

That testimony was clearly inadmissible hearsay. See § 90.801(1)(c), Fla. Stat. (2006); D'Agostino v. … As an evidentiary principle, that concept allows the admission of otherwise inadmissible testimony to "qualify, explain, or limit" testimony or evidence previously admitted. *826 Ramirez v.

Hill v. Marion County

238 So. 2d 163 · District Court of Appeal of Florida · Jul 30, 1970

The predicate for the introduction of the proffered testimony was clearly laid by the defendants in the above-quoted paragraph from their answer to the petition in condemnation. … Her opinion testimony was admissible under the rule established in Florida that an owner of property may testify as to its value, although not qualified as an expert. See Salvage & Surplus, Inc. v.