Case law

Michael Crist v. State of Florida

District Court of Appeal of Florida · Aug 15, 2025

For example, government speech must comport with the Establishment Clause.” 555 U.S. at 468; see also Van Orden v. … The fact that a license plate was found to be government speech did not immunize it from a compelled speech analysis.

Davis v. State

10 So. 3d 176 · District Court of Appeal of Florida · Apr 3, 2009

COURT: You want to fill out a financial affidavit and see if you qualify? DAVIS: No. … This is clearly the exception and not the rule. In Waterhouse v.

DORBAD v. State

12 So. 3d 255 · District Court of Appeal of Florida · May 11, 2009

admissibility of expert testimony and provides in pertinent part: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified … Thus, it would clearly aid in the jury’s understanding of the evidence.

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).

BIRTH-RELATED N. INJURY COMP. v. Carreras

633 So. 2d 1103 · District Court of Appeal of Florida · Feb 15, 1994

If the infant's injury satisfies the statutory definition, then the infant qualifies for financial benefits. Id. §§ 766.309, 766.31. The claimant need not establish any fault on the part of a health care provider. … This figure is clearly excessive and wholly unsupported by any evidence. No witness testified to anything like $400 per hour as being an actual hourly billing rate.

Nat Harrison Associates, Inc. v. Byrd

256 So. 2d 50 · District Court of Appeal of Florida · Dec 15, 1971

This objection should have been sustained because the factual predicate was clearly lacking an essential fact, namely, the weight of the respective vehicles. … Such an assumption was so clearly necessary to the opinion sought that the trial judge, in our view, should have sustained the objection.

System Components Corp. v. Dept. of Transp.

985 So. 2d 687 · District Court of Appeal of Florida · Jul 3, 2008

The parties also agreed that System Components qualified for a business damage claim by meeting the requirements set forth under section 73.071(3)(b), Florida Statutes (2003) [2] . *689 The measure of those damages, however … In reaching its decision, the court said: Mulkey clearly acknowledges a duty to mitigate. On the other hand, that duty only extends to mitigation of the remaining property.

Ian David Harrison v. Nc3 Systems, Inc., D/B/A Caliva

District Court of Appeal of Florida · Oct 14, 2024

To hold otherwise would be tantamount to providing corporate employees with a form of diplomatic immunity and would abolish the legislative goal inherent in adopting a long-arm jurisdictional statute: to … Caliva also failed 6 Assuming Caliva had shown that Harrison committed the intentional torts alleged in the Amended Complaint, the record clearly reflects that such conduct was not expressly directed at a

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.”

State v. Asfour

555 So. 2d 1280 · District Court of Appeal of Florida · Jan 4, 1990

Finding that there has been a violation of a clearly established principle of law resulting in a miscarriage of justice, we grant the writ and quash the challenged order. See State v. … (b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial.

Hampton v. A. Duda & Sons, Inc.

12 Fla. L. Weekly 2124 · District Court of Appeal of Florida · Sep 3, 1987

Clearly, this contention is wrong. A supreme court decision which overrules a prior decision is retroactive in its operation, unless specifically declared by the decision to have prospective effect only. … Sessions, 80 So.2d 905 (Fla. 1985) (doctrine of interspousal immunity does not bar wrongful death action, even though decedent's personal injury action against tortfeasor would have been barred).

Suzuki Motor Corporation, a foreign corporation v. Scott Winckler

District Court of Appeal of Florida · Aug 29, 2019

A departure from the essential requirements of the law is “a violation of a clearly established principle of law.” State v. Belvin, 986 So. 2d 516, 525-26 (Fla. 2008) (quoting Belvin v. … The problem with its argument is that the doctrine is only clearly established in Florida in the government context, with respect to high-ranking government officials.

Terners of Miami Corp. v. Freshwater

599 So. 2d 674 · District Court of Appeal of Florida · May 5, 1992

The legislative purpose behind the enactment of the amendments to section 440.13 — to reduce spiraling health care costs — is clearly reflected in the following article by W.E. Sadowski, J. Herzog, R.T. Butler, and R.L. … This provision instructs the Division to develop and implement, or to contract with a qualified entity to develop and implement, utilization *677 review of health care services rendered in workers' compensation cases.

DEPT. OF GENERAL SERV. v. English

12 Fla. L. Weekly 1567 · District Court of Appeal of Florida · Jun 26, 1987

The court held that the evidence, though hearsay, was properly admitted as a record of regularly conducted business activities, stating: Alumbaugh, who offered the personnel document into evidence, was clearly its custodian … His testimony also established that Hall's supervisor, Cumbee, filled out the form in the regular course of business, on March 4, 1980, and that such written attendance records were regularly completed and maintained to protect

Davis v. Nationwide Life Ins. Co.

450 So. 2d 549 · District Court of Appeal of Florida · Apr 26, 1984

Clearly, Showalter could have, as it did, request that Davis begin actual work the following day. … To qualify or become eligible for coverage, an employee must be "actively at work" on the day his insurance coverage begins; and he must have been "regularly employed" by the employer for no less than three months.

Pullum v. Johnson

647 So. 2d 254 · District Court of Appeal of Florida · Nov 29, 1994

These are, however, within established limits, in truth necessary side effects of the broader enduring values which the process of open debate permits us to achieve. … The trial court below found that the term "drug pusher" used by Johnson clearly denotes, in everyday meaning, a person who sells or distributes drugs illegally.

Sisto v. Aetna Cas. and Sur. Co.

689 So. 2d 438 · District Court of Appeal of Florida · Mar 19, 1997

Unquestionably, the scope of voir dire rests in the trial court's discretion, and we will not reverse unless the trial court has clearly abused its discretion. See Vining v. … The questionnaire is intended as a timesaving measure to assist in determining whether a juror is qualified to serve.

Dupes v. STATE, DEPT. OF HEALTH & REHAB SERV.

536 So. 2d 311 · District Court of Appeal of Florida · Dec 19, 1988

The placement of a child in an institution because he has committed a delinquent act very clearly serves to protect society. … Even under the amended version of section 39.11, however, it is clear that the "fees" payable by the client or responsible party are to be determined by HRS, although the qualifying language "as established by the department

Jacksonville Port v. Wr Johnson

624 So. 2d 313 · District Court of Appeal of Florida · Aug 30, 1993

In April 1989, JPA established a relationship with three companies in order to complete the project. … Johnson, a local industrial machinery contractor, was to provide qualified tradesmen, tools, and equipment necessary for the crane survey and later, for the actual repairs.

Gardner v. State

30 So. 3d 629 · District Court of Appeal of Florida · Mar 17, 2010

The State responded that it needed to put its objection to the departure on the record, asserting only that "there [were] insufficient grounds to establish specialized treatment and restitution." … United States, 330 U.S. 160, 166-67 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947), for the principle that "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for