Case law

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.

United Faculty of Fla. v. Fla. Bd. of Regents

585 So. 2d 991 · District Court of Appeal of Florida · Aug 16, 1991

The qualifier "during classroom time" was deleted from the statute. Ch. 74-100, 1974 Fla. Laws 134 , 148.], or to speech that causes disruption. … However, by order dated September 22, 1989 (Doc. 33), the court granted the BOR's motion for judgment on the pleadings and dismissed the BOR from the case on the basis of Eleventh Amendment immunity.

Matteini v. Florida Birth-Related Neurological

946 So. 2d 1092 · District Court of Appeal of Florida · Dec 8, 2006

If the infant’s injury satisfies this statutory definition, then the infant, qualifies for financial benefits. Id.; see §§ 766.309, 766.31, Fla. Stat. (2005). … The Matteinis also contend that the ALJ’s interpretation of the law is clearly erroneous.

Sule v. State

968 So. 2d 99 · District Court of Appeal of Florida · Nov 21, 2007

The supreme court found no abuse of discretion in the trial court's denial of severance: [S]everance was not required under rule 3.152(a)(1) because the offenses were clearly connected in an episodic sense. … An accused has a right to present his own witnesses to establish a defense. Washington v. Texas, 388 U.S. 14, 19 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Chambers v.

Tanenbaum v. Biscayne Osteopathic Hospital, Inc.

173 So. 2d 492 · District Court of Appeal of Florida · Apr 6, 1965

A new hospital was being organized in Dade County, Florida, and this hospital was in need of a qualified radiologist. Dr. … The restatement of contracts, as set forth in § 90 thereof in the majority opinion, clearly states the doctrine and I would hold it applicable in the instant case.

P. & N. Investment Corp. v. Rea

153 So. 2d 865 · District Court of Appeal of Florida · May 29, 1963

.-00 and costs in a contract action brought by plaintiff Mark Rea who was a former employee of the defendant in the latter’s restaurant establishment. … During the nine weeks period, while the restaurant establishment was under construction, the plaintiff was paid $100.00.

Samuel A. Osborne v. Walton County, Florida, a Political Subdivision of the State of Florida

District Court of Appeal of Florida · Feb 12, 2025

(establishing an administrative appeal process with FLWAC). … Sellers, Vested Rights: Establishing Predictability in A Changing Regulatory System, 20 Stetson L.

Levinson v. Carnival Corp.

725 So. 2d 1160 · District Court of Appeal of Florida · Nov 25, 1998

On July 1, 1981, Carnival established a Deferred Compensation Plan for three executives, including Levinson. … In the instant case, the Deferred Compensation Agreement clearly and unambiguously stated that Levin-son’s participation in the Deferred Compensation Agreement would not in any way affect or interfere with his right to share

Interstate Fire & Casualty Co. v. Abernathy

93 So. 3d 352 · District Court of Appeal of Florida · May 24, 2012

To qualify for and hold a certificate of authority, 11 an insurer must maintain reserves and surpluses. See §§ 624.404 & 624.408, Fla. Stat. (2011). … to the public good or contravene some established interest of society.'

Sewell v. Racetrac Petroleum, Inc.

245 So. 3d 822 · District Court of Appeal of Florida · Dec 27, 2017

McCarson, 467 So. 2d 277, 278 (Fla. 1985); sovereign immunity, Commercial Carrier Corp. v. Indian River Cty., 371 So. 2d 1010, 1013 (Fla. 1979); and parental immunity, Ard v. … unintended consequences are fully weighed, this case presents an instance where, in the words of Judge, and later Justice, Alan Lawson, it would be “unwise for the judiciary to expand causes of action to reach conduct clearly

State Ex Rel. Christian v. Austin

302 So. 2d 811 · District Court of Appeal of Florida · Nov 5, 1974

Clearly, under such circumstances, the governor had the constitutional right and duty to so act. No such situation here exists. … All agree in the case sub judice that the legislature has established the public policy of the State with reference to the assignment and exchange of State Attorneys, by the passage of F.S. 27.14 and 27.15.

Holt v. Rowell

798 So. 2d 767 · District Court of Appeal of Florida · Aug 22, 2001

There is no question that the Office of the Public Defender established an attorney-client relationship with Mr. Rowell, and thus owed to Mr. … Stat. (1995) (providing state officers, employees, and agents immunity for actions committed in the scope of employment that do not evince wanton or willful disregard or bad faith or malicious purpose).

Crowe v. Overland Hauling, Inc.

245 So. 2d 654 · District Court of Appeal of Florida · Feb 17, 1971

We are of the opinion that from a review of the entire testimony below, portions of which are hereinabove illustrated, plaintiffs established a prima facie case for admissibility, and it was clearly within the province of … Defendant contended that these exhibits were inadmissible for the reasons that they were hearsay; that the doctor who did testify did not actually perform the services and was not qualified to express an opinion on their

Jerry Ulm Dodge, Inc. v. CHRYSLER GROUP LLC

78 So. 3d 20 · District Court of Appeal of Florida · Dec 9, 2011

If the licensee desires to establish an additional dealership in a market, the licensee must give notice to the Department of its intent to establish an additional dealership. § 320.642(1). … bankruptcy proceeding to Chrysler Group’s termination of Wilson’s dealer agreements, any basis for tolling the effective date of the license termination ceased to exist, and the twelve-month exemption period began to run as clearly

HARVEY LEE DAVIS and ERIC MCCABE v. KENNETH I. BAILYNSON

268 So. 3d 762 · District Court of Appeal of Florida · Jan 30, 2019

Section 57.105(3)(c) clearly states that attorney’s fees cannot be levied upon a party, where the basis for attorney’s fees pursuant to section 57.105 is subsection (1)(b) and the claim or defense is not supported by the … “[A]bsolute immunity must be afforded to any act occurring during the course of a judicial proceeding, regardless of whether the act involves a defamatory statement or other tortious behavior . . . so long as the act has

Gonzales v. Jacksonville General Hospital, Inc.

365 So. 2d 800 · District Court of Appeal of Florida · Dec 22, 1978

the plaintiff alleged, inter alia, that for a consideration Homemakers, Incorporated and Medical Personnel Pool of Duval County, Incorporated had undertaken to provide to Jacksonville General Hospital, Inc., competent, qualified … Clearly there was no privity between appellant and appellees, nor between appellant and the nurse who administered the shot complained of.

State v. Kirvin

718 So. 2d 893 · District Court of Appeal of Florida · Sep 17, 1998

If a statute clearly prohibits the conduct of the defendant in the case at hand, the court need not determine whether the statute clearly prohibits all conduct that might be within its scope.... … Appellees thus assert that their nets qualified as seine nets as a matter of law and, therefore, they may not be prosecuted for the use of gill nets or entangling nets.

Shawn Ahearn, on behalf of himself and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc.

180 So. 3d 165 · District Court of Appeal of Florida · Nov 5, 2015

We do not attempt here to establish a bright-line test as to when a person is or is not aggrieved under FDUT-PA. … Thus, the deliberate use of the past tense establishes that the offending conduct need not be continuing in order to seek declaratory or injunctive relief.

Hardie v. State

162 So. 3d 297 · District Court of Appeal of Florida · Mar 20, 2015

the State presented evidence that he repeatedly wrote checks to himself from the benevolent fund, a fund intended for the needy in the community, which Hardie— with his Jaguar, salary, and church-funded travel account — clearly … In regard to section 921.0026(2)(e) specifically, the defendant must present “some evidence of the victims’ needs ” in order to qualify for a downward departure. State v.