Case law

Lamont v. State

597 So. 2d 823 · District Court of Appeal of Florida · Apr 28, 1992

These Sections clearly reflect that the legislature intended persons qualifying as career or habitual criminal offenders to receive enhanced punishment, and provide as follows: 775.0841 Legislative findings and intent. — … (b) The court, in conformity with the procedure established in subsection (3), may sentence the habitual violent felony offender as follows: 1.

Council for Secular Humanism, Inc. v. McNeil

44 So. 3d 112 · District Court of Appeal of Florida · Apr 27, 2010

Scrutiny of the language in the constitutional provision reveals that the trial court’s reasoning was clearly flawed; thus, this court should not have relied upon it. … Any funds paid under the Contracts would clearly be “pay,” not “aid.”

Verizon Business Purchasing, LLC v. State of Florida, Department of Revenue etc

164 So. 3d 806 · District Court of Appeal of Florida · Jun 10, 2015

The fact that it chose to qualify “assessment” with the word “final” leads us to conclude that the assessment contemplated in the statute of limitations is a final assessment. … conclude that the trial court erred in alternatively determining that the Department’s assessment was untimely only as to the first month of the three-year audit period given the fact that the parties’ extension agreement clearly

Baillie v. Dept. of Natural Resources

632 So. 2d 1114 · District Court of Appeal of Florida · Mar 7, 1994

The commonsense requirement to put on evidence in a trial forum as a prerequisite to appellate judicial consideration clearly presents no constitutional problem. … It does not purport to waive sovereign immunity or otherwise specifically address governmental action.

State v. Meador

674 So. 2d 826 · District Court of Appeal of Florida · May 15, 1996

The Leahy court concluded that these decisions did "not explain how police officers are competent to establish general acceptance of HGN testing in the scientific community, or how they are qualified to relate the scientific … The state has not established the appropriate foundational predicate for admissibility of the HGN.

Keener Construction Co. v. Simpson

578 So. 2d 1137 · District Court of Appeal of Florida · Apr 29, 1991

The rule is firmly established that the judge of compensation claims’ findings and conclusions, even in the face of conflicting evidence, will be affirmed if such findings and conclusions are permitted by any view of the … Newburg was not the employee’s treating physician, he was a specialist in the oncology field and was clearly qualified to give an opinion.

TIMOTHY PATRICK COLLINS v. AUTO PARTNERS v. LLC, d/b/a MCGUIRE CHEVROLET

District Court of Appeal of Florida · Jul 31, 2019

The dealership qualifies under either section one or two. The Graves Amendment has preempted the Florida Statutes. See Vargas v. Enter. Leasing Co., 60 So. 3d 1037, 1041 (Fla. 2011). … The plaintiff argues the evidence established that the dealership provided a car to its employee without executing a rental agreement.

Adams v. State

367 So. 2d 635 · District Court of Appeal of Florida · Jan 19, 1979

Nemeth nor any other officer who testified was qualified as in expert in the identification of dynamite. Further, appellant points out, Sgt. … On the whole, we view the circumstantial evidence as sufficient to establish that the material in question was in fact dynamite.

Island Hoppers, Ltd. v. Keith

820 So. 2d 967 · District Court of Appeal of Florida · May 29, 2002

Clearly every case is to some degree factually unique, and we can maintain no steadfast black-letter rule which shall control in all situations. … As such, the multiplier was established, to serve as an incentive of sorts, for attorneys to undertake representation where a risk of nonpayment was established.

Hartnett v. Department of Insurance

406 So. 2d 1180 · District Court of Appeal of Florida · Nov 18, 1981

North Star Agency of Hollywood (North Star) was established as a sub-agency of Southern American. … Section 624.424(6) clearly empowers the Department to request in writing that information in addition to annual statements be furnished by insurers.

Herrera v. City of Miami

600 So. 2d 561 · District Court of Appeal of Florida · Jun 23, 1992

Betancourt, 559 So.2d 1237, 1239 (Fla. 3d DCA 1990) ("Where land is zoned for residential use, deprivation of all beneficial use is proved only when it is established by competent evidence that the land cannot be used for … Vaillant, 419 So.2d 624 (Fla. 1982), the Court clearly set forth the standards governing certiorari review.

DEPT. OF LABOR & EMP. SEC. v. Lindquist

698 So. 2d 299 · District Court of Appeal of Florida · Jul 23, 1997

We conclude that this conduct qualifies as official action occurring in Lee County to satisfy this component of the sword wielder doctrine. … Moreover, appellees have not argued on appeal that their complaints claim a "taking" in the sense of an inverse condemnation under article X, section 6, of the Florida Constitution, and appellees have not clearly alleged

In Re Brackett's Estate

109 So. 2d 375 · District Court of Appeal of Florida · Jan 9, 1959

Testatrix died on December 29, 1956, the cause of death being given on the death certificate as "cerebral vascular accident due to arterioschrotic cardiovascular-renal cerebral disease (the underlying cause being) qualified … It may be established by direct proof as to its condition when the will was executed or it may be established by inferences from proof of his mental condition leading up to and following the execution of the will when such

KERN R. DAVIS v. STATE OF FLORIDA

227 So. 3d 137 · District Court of Appeal of Florida · Sep 6, 2017

We reversed the trial court and remanded the case for resentencing with the following direction: “Although [Davis] does not qualify as an [habitual violent felony offender], he may qualify as a habitual felony offender and … I agree with the state that the trial judge here conducted a de novo sentencing hearing, for which he was clearly prepared.

Golphin v. Home Indemnity Company

284 So. 2d 442 · District Court of Appeal of Florida · Oct 16, 1973

The above-quoted section of the statute defining an uninsured motor vehicle clearly recognizes the right of the insurance carrier to regulate the coverage afforded by it by using the qualifying phrase, "... subject to the … The rule of law established by such decisions is fully explained and set forth in the case of Porter v.

Zamora v. ATLANTIC UNIV. BD. OF TRUSTEES

969 So. 2d 1108 · District Court of Appeal of Florida · Nov 7, 2007

FAU filed a motion for remittitur and a motion to limit the damages to the sovereign immunity cap of $100,000 pursuant to section 768.28(5), Florida Statutes. … FAU counters that "total amount of recovery" clearly and unambiguously encompasses all items of recovery and that it is improper to resort to legislative history.

Ferre v. State Ex Rel. Reno

10 Fla. L. Weekly 1955 · District Court of Appeal of Florida · Aug 13, 1985

There, the Florida Supreme Court invalidated a statute that precluded a candidate from making major political expenditures prior to qualifying for office. [11] We find Sadowski plainly distinguishable from the present case … Clearly, the fine here is not in excess of any reasonable requirement for redressing the wrong.

Jones v. State

666 So. 2d 960 · District Court of Appeal of Florida · Jan 10, 1996

Although we agree that the evidence adduced by the state at trial clearly established all the statutory elements of trespass in a conveyance [albeit that this same evidence also established all the elements of grand theft … The state's evidence, if believed, clearly established that the defendant was guilty of grand theft of a motor vehicle, as he was arrested by the police while driving the stolen motor vehicle the day after it was stolen,

Gateway Growers v. School Bd. of Palm Beach

924 So. 2d 875 · District Court of Appeal of Florida · Mar 1, 2006

Its position on business damages was that the Canal 14 and Western Way properties should be considered as one piece of property, so that the taking of the Canal 14 parcel qualified as "less than the entire property . . . … "[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and such damages should be awarded only when such an award appears clearly consistent with legislative intent."

J. P., mother of T. P. v. Florida Department of Children and Families

183 So. 3d 1198 · District Court of Appeal of Florida · Jan 14, 2016

However, the next 1 The then two and a half year old child had not been to the doctor for approximately two years and was behind on her immunizations at the time of the hospitalization. … Put another way, “a finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary 7 The mother was reunified