Case law

Amisub v. DEPT. OF HEALTH & REHAB. SERVICES

577 So. 2d 648 · District Court of Appeal of Florida · Mar 28, 1991

However, it contends that, because it draws patients from Service District IX, it is operating a "program" within that district, thus qualifying it to challenge the Boca Raton CON. … The agency's statutory construction is entitled to great weight, and is not to be overturned on appeal unless clearly erroneous. Skiff's Workingman's Nursery v. DOT, 557 So.2d 233, 234 (Fla. 4th DCA 1990).

Henry v. STATE, DEPT. OF ADMIN., DIV. OF RETIREMENT

431 So. 2d 677 · District Court of Appeal of Florida · May 4, 1983

An agency seeking to establish waiver based on the passage of time following action claimed as final must show that the party affected by such action has received notice sufficient to commence the running of the time period … In the instant case, in addition to the 1978 letter's failure to state the remedies available and the time period within which such remedies could be claimed, the Director of FRS qualified this determination as to appellant's

Yegge v. State

186 So. 3d 553 · District Court of Appeal of Florida · Apr 15, 2015

A defendant's maximum sentence for his original offense necessarily includes any enhancements for which he qualifies. See Mendenhall v. … I agree that this amendment establishes the legislature's intent to remove the six-year cap for youthful offender sentences following substantive violations of probation.

McPhee v. the Paul Revere Life Ins. Co.

883 So. 2d 364 · District Court of Appeal of Florida · Sep 29, 2004

At first, Paul Revere made disability payments to McPhee but then later stopped because it determined that McPhee did not qualify for the benefits. [1] This litigation followed on July 2, 1999 when McPhee sued Paul Revere … In the instant case, such an interpretation would effectively eliminate any coverage and is clearly contrary to any reasonable construction of this disability insurance contract.

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.

Lewars v. State

District Court of Appeal of Florida · May 12, 2017

And, under the well-established principles of statutory construction, we may not. See State v. … See Wright, 180 So. 3d at 1047 (Makar, J., dissenting) ("Because the statute is so clearly written, it takes the absurdity doctrine to conform it to what the judiciary believes the Legislature actually intended.").

Mills v. Aronovitz

404 So. 2d 138 · District Court of Appeal of Florida · Sep 8, 1981

This statute defines the expert witness entitled to fees to be taxed as costs as a witness who, inter alia, "offers himself in the trial of any civil action." [2] Clearly, the testimony of the expert witnesses in the present … Bray, 266 So.2d 54 (Fla.3d DCA 1972), the attorneys' fees sought are incident to an underlying suit to establish paternity, or as in Allstate Insurance Company v.

ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. Shirk

989 So. 2d 1267 · District Court of Appeal of Florida · Sep 12, 2008

The Executive Branch shall be composed of an elected County Mayor, the officers and employees of the administrative offices and executive divisions established by this Charter or created by the Board. … Our directive is clear: The legal standard we must follow in determining whether the ballot summary gives fair notice is well established in Florida.

Powell v. Powell

421 So. 2d 575 · District Court of Appeal of Florida · Oct 6, 1982

Powell was, at the time of the final hearing, sufficiently disabled to qualify for social security disability payments. If that alone- does not establish a need for permanent alimony, I confess I do not know what does. … He was clearly far more able to earn a living than was Mrs. Powell. Mr. Powell’s financial affidavit showed he was having difficulty paying Mrs.

Wasserman v. Florida State Bd. of Architecture

361 So. 2d 792 · District Court of Appeal of Florida · Aug 1, 1978

Hereafter no person shall be admitted to the practice of architecture in this state without an examination except that a certificate of registration may be issued upon filing of application and payment of the same fees as if qualified … In other words, the legislative exercise of the police powers should be so clearly defined, so limited in scope, that nothing is left to the unbridled discretion or whim of the administrative agency charged with the responsibility

Boyle v. Boyle

30 So. 3d 665 · District Court of Appeal of Florida · Mar 19, 2010

See, e.g., Heslop, 716 So.2d at 278 (“The law has been clearly established that a *667 lengthy separation is a legally sufficient justification for a court’s disparate treatment of marital assets.”); Temple, 519 So.2d at … With respect to alimony, the trial court correctly found that the wife qualified for and needed permanent alimony.

THI Holdings, LLC v. Shattuck

93 So. 3d 419 · District Court of Appeal of Florida · Jul 6, 2012

Where the action of the trial court is discretionary, the order of the lower court will not be disturbed on appeal unless an abuse of discretion is clearly shown. See West Shore Restaurant Corp. v. … Thus, the record does not establish any reasonable basis for finding that Balassa was not qualified to be admitted pro hac vice.

Publix Supermarket, Inc. v. Hart

609 So. 2d 1342 · District Court of Appeal of Florida · Dec 7, 1992

Yates on October 25, 1984, and failure to inform claimant that he might qualify for TPD benefits. … If a work search is necessary to establish entitlement to WL benefits even if the claimant was fired for insubordination, then the employer clearly had the concomitant duty to inform claimant of the work search obligation

DeLuise v. State

72 So. 3d 248 · District Court of Appeal of Florida · Oct 12, 2011

(codifying the Blockburger elements test where the Legislature does not clearly provide for separate offenses). … State, 299 So.2d 586, 589 (Fla.1974) (“If the defendant establishes his indigency and a right to state-appointed counsel, he cannot — under Tate v. Short — be imprisoned for not paying his fine.”).

R.L.G., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Jun 16, 2021

failed to establish the data came within the business records exception); Edwards v. … State, 60 So. 3d 529, 530–31 (Fla. 2d DCA 2011) (holding third-party GPS data was “clearly hearsay,” and reversing a revocation of probation based on such evidence when the State failed to establish it came within the

State of Florida, Dept. of Highway etc. v. Joseph P. Wiggins

District Court of Appeal of Florida · Sep 22, 2014

Dusseau as Clearly Established Law Whether Dusseau is clearly established law applicable in this case requires an examination of what rule of law our supreme court established or reaffirmed. 1 In Dusseau, a Baptist … that a circuit court violated a clearly establish principle of law.

Ouellette v. Patel

967 So. 2d 1078 · District Court of Appeal of Florida · Nov 9, 2007

Ouellette could not establish a breach of the standard of care because "[t]he undisputed evidence in this case is that Dr. Patel did, *1081 in fact[,] have surgical back up for this procedure. . . . … Waters clearly testifies that he discussed the possibility of an emergency with Dr. Patel that would make him unavailable. . . . Furthermore, it is clear that Dr.

CARLOS GOMEZ v. STATE OF FLORIDA

245 So. 3d 950 · District Court of Appeal of Florida · Apr 25, 2018

However, such evidence may be admitted . . . if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim … Clearly, a refusal to present the evidence of the victim’s prior sexual relationship in Lewis would have decimated a very viable defense.

BRANDON HINCK v. STATE OF FLORIDA

260 So. 3d 325 · District Court of Appeal of Florida · Dec 5, 2018

Here, the defendant clearly had the requisite control over the time, location and circumstances of the shooting. … Given that possibility, the state cannot meet its burden to establish that the error in excluding the hotel employee’s testimony was harmless.

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33 · District Court of Appeal of Florida · Dec 28, 2018

While such implications are clearly misleading and prejudicial in general, they are further exacerbated here because any south lobby recording of the front sidewalk outside of the New World Tower lobby has little probative … See Knepper , 537 So.2d at 622 ("Where the circumstances and content of allegedly defamatory statements are clearly disputed by the parties, the jury should determine, under proper instructions from the court, whether or