Case law

City of Winter Springs v. Florida Land Co.

413 So. 2d 84 · District Court of Appeal of Florida · Mar 31, 1982

The Charter of the City of Winter Springs clearly provides for holding the referendum election in this case. [7] The record shows that in adopting the ordinance by which the zoning was changed on the subject property, the … Const. [7] The State Legislature, which authored the charter of the City of Winter Springs in Special Acts, Chapter 72-718, specifically enumerated the powers of initiative and referendum: The qualified voters of this city

State v. Rutherford

707 So. 2d 1129 · District Court of Appeal of Florida · Feb 4, 1998

Prosecutors enjoy absolute immunity from lawsuits for damages in the performance of their quasi-judicial functions of initiating or maintaining a prosecution. … The showing must be made from facts established without resort to the medical records themselves.

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.

BOCA RATON COMMUNITY REDEVELOPMENT AGENCY v. CROCKER DOWNTOWN DEVELOPMENT ASSOCIATES

District Court of Appeal of Florida · Feb 9, 2022

The lease established a fixed rent schedule that increased over time. Fixed rent was $280,000 for the second through twenty-ninth year of the lease, thereafter the fixed rent increased to $910,000 annually. … Any intent to value the property otherwise should be clearly stated in the lease. Id. at 1047.

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.

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.

Nix v. Nix

930 So. 2d 711 · District Court of Appeal of Florida · May 3, 2006

The trial court obviously established the valuation date only to facilitate the subsequent distribution of a variety of assets that were the subject of litigation (not stipulation) between the parties. … My reading of the pertinent language in the final judgment and the order of findings fails to show any such clearly stated intent.

Rollins v. State

179 So. 2d 377 · District Court of Appeal of Florida · Oct 15, 1965

The defendant attempts to bring this situation within the rule established in Johnson v. … By reception *380 of the statements into evidence, the trial judge clearly ruled that such statements were freely and voluntarily made. The case of Jackson v.

Tyrone D. Wallace v. State of Florida

254 So. 3d 1085 · District Court of Appeal of Florida · Aug 24, 2018

I explained that he appeared to qualify as a prison releasee reoffender and will face a mandatory minimum life imprisonment if convicted of either offense. … jury determination was required to establish whether the defendant had prior convictions.

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.

Lakeland Regional Medical Ctr. Inc. v. Ahca

917 So. 2d 1024 · District Court of Appeal of Florida · Jan 6, 2006

critical state concern, especially because myocardial infarctions and related coronary disease are no respecters of location or time, and WHEREAS, to ensure that it provides the quality of care desired, each hospital that qualifies … AHCA's interpretation is not clearly erroneous and does not conflict with the intent of the statute, and therefore, is entitled to great deference.

BOARD OF TRUSTEES, ETC. v. Medeira Beach Nom., Inc.

272 So. 2d 209 · District Court of Appeal of Florida · Jan 26, 1973

The disagreement between the parties appeared to be whether the established rule of law should be followed or whether there should be recognized or created an exception to the general rule. … Riparians appear to have a qualified common law right to wharf out to navigable waters in the absence of a statute. Freed v. Miami Beach Pier Corp., 93 Fla. 888 , 112 So. 841 (1927); Williams v.

ROBERT JACOBY TURNER v. STATE OF FLORIDA

District Court of Appeal of Florida · Dec 1, 2023

The First District reasoned: Clearly the verdict was factually inconsistent because the jury had no evidence to support a finding of guilt against Appellant unless Appellant … “Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida · Jan 5, 2022

Any error in failing to include these convictions is not clearly determinable from the record. See Stark v. … State, 266 So. 3d 1246, 1247 (Fla. 4th DCA 2019) (court’s comments during sentencing established that the scoresheet error was harmless).

Reynolds v. Reynolds

117 So. 2d 16 · District Court of Appeal of Florida · Dec 10, 1959

Campbell, Fla. 1952, 57 So.2d 34 , in which our Supreme Court held that the proofs indicated constructive residence only, the husband's proofs in this case clearly demonstrate that he maintained actual residence in Florida … The decree entered by the chancellor was nothing more than a qualified decree of dismissal, and was not a decree on the merits of the cause.

Hudson v. State

825 So. 2d 460 · District Court of Appeal of Florida · Aug 2, 2002

The state must demonstrate by clear and convincing evidence that the person qualifies as a sexually violent predator. Id. § 394.917(1). … Rather, the provisions of the Act clearly indicate that commitment is for the purpose of "control, care, and treatment" of the sexually violent predator and the protection of the public from their dangerous behavior.

Evans v. Bell

651 So. 2d 162 · District Court of Appeal of Florida · Feb 20, 1995

In 1992, an organization known as Taxpayers for Reform in Municipal Management (TRIMM) commenced a petition drive for the purpose of submitting by referendum to the electors a charter amendment providing for the establishment … In so ruling, the court noted that a ballot summary is necessary to clearly inform the electorate of the purpose and effect of the measure upon which they cast their votes, explaining: The problem with the ballot in the present

Rochussen v. UNEMPLOYMENT APPEALS COM'N

795 So. 2d 1075 · District Court of Appeal of Florida · Sep 21, 2001

Clearly, the Legislature intended to encourage work, whether full-time, part-time, or temporary, and discourage voluntary unemployment. … Although the Court asserted that the Legislature had not expressly rejected Neese and the cases that followed it, the Legislative staff analysis clearly reflects otherwise.

KC Leisure, Inc. v. Haber

972 So. 2d 1069 · District Court of Appeal of Florida · Jan 25, 2008

Thus, once the liability of Relay Transportation is established, Mr. … The FSBOA is only referenced in the first count to reflect that Relay Transportation attempted to comply with section 559.802, Florida Statutes (2005), so as to qualify for an exemption under that statute.

Washington County School Board, Calhoun County School Board v. Davis

District Court of Appeal of Florida · Jan 23, 2025

‘[t]here must be a violation of a clearly established principle of law resulting in a miscarriage of justice.’” Sch. Bd. of Hillsborough Cnty. v. … In Morgan, the Supreme Court determined “42 U.S.C. § 2000e–2 explains in great detail the sorts of actions that qualify as ‘[u]nlawful employment practices’ and includes among such practices numerous discrete acts.”