Case law

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.

Wilks v. Boston Whaler, Inc.

691 So. 2d 629 · District Court of Appeal of Florida · Apr 18, 1997

Through pre-trial discovery, it was revealed that Boston Whaler had established a safety program that required all employees to participate in an eight-hour safety training in which precautions and hazards associated with … The hygienist also found certain problems with Boston Whaler's ventilation system and recommended that all containers of TDI be clearly marked with appropriate warning labels.

Campus Crusade v. Unemployment Appeals

702 So. 2d 572 · District Court of Appeal of Florida · Nov 21, 1997

We begin with the premise that the conclusions of law of an agency that construes a statute which the agency is charged to enforce, while not immune from judicial review, are entitled to great deference. … Campus Crusade's meetings are not conducted by ordained ministers, they do not appear to have an established liturgy, and the sacraments, including communion, are not offered.

JOAN JOHNSON v. LEE TOWNSEND

259 So. 3d 851 · District Court of Appeal of Florida · Oct 24, 2018

The wife, applying Quintana’s and Scott’s explanation of the “trust exception,” argued that her community property interest qualified for the exception. … held the property on behalf of the actual owner either by way of an express trust or some other clearly defined means.”

Chavarria v. Selugal Clothing, Inc.

840 So. 2d 1071 · District Court of Appeal of Florida · Feb 3, 2003

, and as such is clearly contrary to the court's admonishment in Hoffman v. … Rogachefsky's PI rating clearly encompasses the inconsistent MMI dates accepted by the JCC.

James v. State

223 So. 2d 52 · District Court of Appeal of Florida · May 13, 1969

With the jury still out, the defendant objected to the proffer of the testimony on the ground that the warning given by the arresting officer to the defendant did not comply with the standards established by Miranda v. … which has been developed to protect certain unqualified rights, i.e., the Fifth Amendment right to remain silent and the Sixth Amendment right to an attorney, inappropriately to the Fourth Amendment which confers only a qualified

RESNICK DEVELOPERS SOUTH v. Clerici

340 So. 2d 1194 · District Court of Appeal of Florida · Dec 10, 1976

This bond was in proper form and qualified as a payment bond under the provisions of Section 713.23. … Clearly this is not an assumption of a new and additional liability on the part of the owner and his surety. The owner has simply substituted the security of the transfer bond in place of its property.

Knox v. District School Bd. of Brevard

821 So. 2d 311 · District Court of Appeal of Florida · May 3, 2002

The record establishes, without dispute, the following factual scenario. In June 2001, a middle school principal position in Brevard County became vacant. Eleven candidates applied for the position. … These are some of the reasons that a party appealing the denial of a temporary injunction carries a heavy burden to demonstrate that the court's ruling was clearly improper. Rollins, Inc. v.

Progressive Am. Ins. Co. v. SHL Enters., LLC

264 So. 3d 1013 · District Court of Appeal of Florida · Oct 31, 2018

the issue did not mean that the county court's order did not depart from a clearly established principle of law. … Certiorari may only be granted "when there has been a violation of [a] clearly established principle of law resulting in a miscarriage of justice."

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida · Oct 7, 2020

Clearly, federalism principles provide for participating states to play an important role in defining medical necessity. The majority relies on a Vermont case, Jacobus v. … —‘personal care services’—contained a statutory qualifier that does not similarly apply to [other services].” Id.

Munch v. DEPT. OF PRO. REGULATION

592 So. 2d 1136 · District Court of Appeal of Florida · Jan 2, 1992

property" nor leasing the real property of the condominium association for which he was acting (but, instead, was leasing the real property of many individual unit owners), the exemption afforded by Section 475.011(2) is clearly … However, the hearing officer reached no conclusion as to either, presumably because he believed that it was unnecessary to do so, having found that appellant qualified for an exemption under Section 475.011(2).

Hagins v. Hagins

678 So. 2d 479 · District Court of Appeal of Florida · Aug 16, 1996

In Mize, the supreme court reaffirmed that "the best interest of the child clearly is the prime consideration" in the decision as to whether to permit the move. Mize, 621 So.2d at 420. … In a perfect world, perhaps, where all parents are equally qualified to serve as primary residential custodians, the move alone could be dispositive. But the world is not perfect.

Williams v. City of Minneola

575 So. 2d 683 · District Court of Appeal of Florida · Jan 31, 1991

We therefore hold that the appellees are not immunized from tort liability by the mere fact that the pictures were public records. … However, in our view such relatives must shoulder a heavy burden in establishing a cause of action.

George v. State

251 So. 3d 262 · District Court of Appeal of Florida · Jul 5, 2018

As to the first prong, there was clearly an event startling enough to cause nervous excitement—Velez had been shot three times. … Premeditation may be established by direct and/or circumstantial evidence.

Florida Waterworks v. FLORIDA PUB. SER. COM'N

473 So. 2d 237 · District Court of Appeal of Florida · Jul 15, 1985

Inasmuch as the words `donate or contribute' have a connotation of being a gift or something voluntarily given to a charity, the words `addition or transfer' to the capital of a utility, when qualified by the prior words … `at no cost to the utility' more clearly characterize CIAC.

Touchette v. Bould

324 So. 2d 707 · District Court of Appeal of Florida · Dec 26, 1975

Clearly, however, the facts before us here cannot bring this case within this exception to the general rule: the decedents' business was not even founded, much less "established" at the time of their death and, without a … If appellate review of verdicts alleged to be excessive is a viable principle, then this is clearly a proper case for it.

Hilb Rogal & Hobbs of Florida, Inc. v. Grimmel

48 So. 3d 957 · District Court of Appeal of Florida · Dec 1, 2010

The general magistrate incorrectly applied the law and the contract to the facts, thus making her finding of no legitimate business interest clearly erroneous. … Other "legitimate business interests" under section 542.335(l)(b) include trade secrets, valuable confidential business and professional information that otherwise does not qualify as trade secrets, and customer, patient

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida · Oct 7, 2020

Clearly, federalism principles provide for participating states to play an important role in defining medical necessity. The majority relies on a Vermont case, Jacobus v. … —‘personal care services’—contained a statutory qualifier that does not similarly apply to [other services].” Id.

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida · Oct 7, 2020

Clearly, federalism principles provide for participating states to play an important role in defining medical necessity. The majority relies on a Vermont case, Jacobus v. … —‘personal care services’—contained a statutory qualifier that does not similarly apply to [other services].” Id.

Zalarick v. Monroe County

10 Fla. L. Weekly 1086 · District Court of Appeal of Florida · Apr 30, 1985

Just as clearly, the instant commercial operation does not qualify under this definition. … Hence, we approve the conclusion below that an illegal use of the 75th Street parcel was established. See City of Miami Beach v. Sussman, 376 So.2d 1218 (Fla. 3d DCA 1979).