Case law

Rice-Lamar v. City of Fort Lauderdale

853 So. 2d 1125 · District Court of Appeal of Florida · Sep 17, 2003

The court also held that the supervisors were entitled to qualified immunity on the claims asserted against them because Lamar's dismissal for insubordination was not unlawful. See id. at 1146-47 . … To establish a prima facie claim under Florida's Whistleblower statute, the requisite elements set forth under a Title VII retaliation claim are applied: To establish a prima facie case of retaliation under Title VII, a plaintiff

Pasteur Health Plan, Inc. v. Salazar

658 So. 2d 543 · District Court of Appeal of Florida · May 3, 1995

Rptr. 882 , 552 P.2d 1178 (1976) (establishing three-part test for determining when health insurance contract is a contract of adhesion). … A three-wheeled ATC that is not required to be licensed does not qualify as a motor vehicle.

Griffis v. Florida Fish & Wildlife Conservation Commission

57 So. 3d 929 · District Court of Appeal of Florida · Mar 28, 2011

We hold that this fact pattern does not qualify under section 379.366(4)(b), since it was patently not “a judicial disposition other than dismissal or acquittal on a charge of theft of or from a trap as prohibited by this … paragraph.... ” Our decision is required by an amalgam of several well-established rules: 1.

STATE COMP. HEALTH ASS'N v. Carmichael

706 So. 2d 319 · District Court of Appeal of Florida · Dec 24, 1997

Once Carmichael established that the medical expenses qualified for coverage under the policy, the burden shifted to defendants to prove that the expenses were not covered by virtue of a policy exclusion. … As to this issue, we cannot state that the trial court's findings were clearly erroneous or against the manifest weight of the evidence. See Sladek v.

Vargas v. Enterprise Leasing Co.

993 So. 2d 614 · District Court of Appeal of Florida · Oct 31, 2008

This qualifies them as financial responsibility laws. See Kraemer v. … If something is commonly understood in ordinary parlance, it would not qualify as a term of art.

LAKE COUNTY EDN. ASS'N v. School Bd. of Lake County

360 So. 2d 1280 · District Court of Appeal of Florida · Jun 28, 1978

The court held that a school board may not establish conditions precedent to the dismissal of nontenured teachers which are in excess of the conditions imposed by the School Code. … Meyers until a full year's probationary status had transpired, it was incorrect because such a conclusion is clearly beyond the arbitrator's authority.

Farber v. Florida Parole & Probation Commission

427 So. 2d 1016 · District Court of Appeal of Florida · Feb 14, 1983

For such an interest to exist a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Thus, the contents of the report is [sic] immune from challenge. No neutral panel reviews its competence or its persuasiveness.

Wakefield v. Brackett

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

Stewart v. State

113 So. 3d 914 · District Court of Appeal of Florida · Jan 25, 2013

Stewart did not delay in establishing his theory of self-defense. … Baisden] and clearly indicated to [Mr. Baisden] that he wanted to withdraw and stop the use of deadly force, but [Mr. Baisden] continued or resumed the use of force.

Centex-Rooney Const. Co., Inc. v. Martin County

706 So. 2d 20 · District Court of Appeal of Florida · Dec 31, 1997

Even assuming, arguendo, that the County's temporary evacuation for the mold removal process was unreasonable, its subsequent fortuitous discovery of the structural and electrical defects during that process clearly warranted … Centex claims that Gauthier was not qualified to opine as to which of the County's claimed damages were necessary to conform the buildings to the original plans and specifications.

RAMON N. MANUEL, GUDELIO N. MANUEL, EMMANUEL N. MANUEL, KELLY D. FEIG, ESQ. and THE LAW OFFICE OF KELLY D. FEIG, P.A. v. ESTATE OF LAPULAPU MANUEL

District Court of Appeal of Florida · Jul 12, 2023

[the trial judge] ruled correctly in denying the motion for disqualification as legally insufficient, our rules clearly provide, and we have repeatedly held, that a judge who is presented with a motion … Along with attaching multiple exhibits to its order, the trial court impermissibly refuted each allegation of the motion to disqualify which was not cured by the trial court’s threadbare qualifier that it was simply reciting

Plaza Court, L.P. v. Baker-Chaput

17 So. 3d 720 · District Court of Appeal of Florida · Jun 26, 2009

If the developer does not qualify for this exemption, the developer is required to: (1) provide a property report to a purchaser prior to the signing of a purchase agreement, and (2) clearly inform the purchaser, in the purchase … It is the intention of the parties that this sale and purchase shall qualify for the exemption provided by 15 U.S.C.

Sandra Katherine Smith-Fullerton v. David Miles Fullerton

District Court of Appeal of Florida · May 29, 2026

“In order to be competent, a witness . . . must qualify himself by taking an oath which he considers binding on his conscience.” Id. Thus, “[a]n unsworn witness is not competent to testify.” Houck v. … Here, Doran’s unsworn statements were not testimonial evidence and failed to establish admissible facts.

Friendly Ford v. Hurrell

427 So. 2d 207 · District Court of Appeal of Florida · Feb 8, 1983

It is well established that a finding of a causal relationship must be based upon a reasonable medical probability. Scotty's, Inc. v. Jones, 393 So.2d 657 (Fla. 1st DCA 1981). In this case, Dr. … The claim letter dated February 17, 1977, from counsel for claimant to the Bureau of Workers' Compensation is clearly sufficient to serve as a claim for the medical benefits in question.

LEWIS TREE SERVICE, INC. v. ASPLUNDH TREE EXPERT, LLC

District Court of Appeal of Florida · Sep 25, 2020

Instead, the court told Lewis Tree that it would conduct an in camera review only after Lewis Tree established that its bid documents contained trade secret information. … Nevertheless, because the trial court clearly refused to conduct the analysis required by step one, we need not address the sufficiency of the court's analysis of step two.

Board of Trustees of Orlando Police Pension Plan v. Langford

833 So. 2d 230 · District Court of Appeal of Florida · Dec 20, 2002

The former wife waited until Langford retired and then moved for entry of a Qualified Domestic Relations Order (QDRO) pursuant to the settlement agreement. … Section 61.075 clearly designates this pension as a marital asset, i.e., the former wife's property.

State v. Johnson

605 So. 2d 545 · District Court of Appeal of Florida · Sep 18, 1992

Any commercial establishment, such as a store or factory... ." … We believe that Johnson's business, producing and selling video tapes, qualifies under these definitions as an operation with a business purpose such as a shop or a store.

HOUSTON SPECIALTY INSURANCE COMPANY v. ENOCH VAUGHN

261 So. 3d 607 · District Court of Appeal of Florida · Aug 10, 2018

The Florida Supreme Court established a two-part test for determining whether intervention is proper. … Fulford, Mendenhall, and Pflieger, including, specifically, the workers' compensation immunity defense. But, Houston elected to litigate those factual disputes in federal court.

Wright v. State

442 So. 2d 1058 · District Court of Appeal of Florida · Dec 16, 1983

Hicks, 421 So.2d 510 (Fla. 1982), interpreting the burglary statute, where the court found that the word "unless," as used in section 810.02(1), was a qualifier to the primary sentence of the statute, separating the consent … State, 432 So.2d 669 (Fla. 5th DCA 1983), relied upon by appellant, the statute there construed clearly contains the exception within the enacting clause and is, therefore, distinguishable from the statute sub judice.

Weaver v. State

220 So. 2d 53 · District Court of Appeal of Florida · Feb 26, 1969

It was also established by an expert that there were nitrate deposits on the deceased officer's right hand which could have been caused by a discharging firearm. … Consequently, if the one to be arrested kills the officer or private individual in resisting, he commits thereby the lower degree of felonious homicide called manslaughter.' * * * This doctrine, however, must be qualified