Case law

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

Kamari Lowery v. State of Florida

District Court of Appeal of Florida · Mar 25, 2026

Section 913.08, Florida Statutes, establishes how many peremptory challenges each side receives. … A review of the record establishes that the objection here was not properly [] preserved. . . .

Trepanier v. County of Volusia

965 So. 2d 276 · District Court of Appeal of Florida · Sep 14, 2007

Bird, 100 So.2d 57 (Fla.1958), the court said: Also, `* * * the limits, location, and extent of his occupation must be definitely and clearly established by affirmative proof, and cannot be established or extended by presumption … If Tona-Rama did not establish a "customary" right, as a matter of law, how is the right established in an individual case such as this one? 1.

BMS Enterprises LLC v. City of Fort Lauderdale

929 So. 2d 9 · District Court of Appeal of Florida · Jan 25, 2006

Second-tier certiorari review of land use decisions by local government entities is limited to deciding whether the lower court departed from essential requirements of law, violating clearly established principles of law … State, 436 So.2d 93, 96 (Fla.1983) (“The district courts should exercise this discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.”).

Parham v. Reddick

537 So. 2d 132 · District Court of Appeal of Florida · Dec 29, 1988

With regard to the second issue, clearly, one who seeks "to establish a way of necessity, whether in regard to an implied grant or statutory way, has the burden of proof to establish that he or she has no practicable route … It is our view that the legislature in its wisdom provided for a statutory way of necessity to be applied where land would not qualify for the common law right. 284 So.2d at 495 , quoted at 510 So.2d at 929 .

Ss v. Dl

944 So. 2d 553 · District Court of Appeal of Florida · Jan 3, 2007

A trial court's finding of clear and convincing evidence is reversible only if clearly erroneous or lacking in evidentiary support. In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). … The qualifying circumstances found in section 39.811(6) include: (a) if the child has only one surviving parent (not the case here); (b) the identity of the other parent is established as unknown by sworn testimony (inapplicable

Cantore ex rel. Cantore v. West Boca Medical Center, Inc.

174 So. 3d 1114 · District Court of Appeal of Florida · Sep 24, 2015

Sandberg was qualified to answer even questions which assumed certain facts which did not occur, as experts are allowed to do. … The jury clearly rejected Plaintiffs’ theory of the case after being presented with all of Plaintiffs’ evidence and in light of evaluating Dr.

SE VOLUSIA HOSP. DIST. v. State, Dept. of Ins.

432 So. 2d 592 · District Court of Appeal of Florida · May 17, 1983

virtually compulsory by section 768.54(2)(a), which, while authorizing voluntary participation for all health care providers other than hospitals, made participation mandatory for all hospitals in Florida [9] unless they could qualify … Even a cursory examination evidences to us an almost total absence of guidelines and standards for the establishment of fees and assessments.

State v. Navarro

464 So. 2d 137 · District Court of Appeal of Florida · Feb 19, 1985

Indeed, the unrebutted and unimpeached testimony of Detective Diaz and Officer Guaz is directly contrary to this finding, as Judge Pearson clearly demonstrates in his dissent. … If this is an example of that principle then any disagreement with a panel's determination as to the sufficiency of the evidence, by nonpanel members, qualifies as decisional conflict for the purpose of en banc review.

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

Mauldin v. State, Department of Administration, Division of Retirement

10 Fla. L. Weekly 965 · District Court of Appeal of Florida · Apr 15, 1985

The testimony established, and the appellee concedes, that the appellant’s injury is permanent. … This evidence, together with the medical and lay testimony presented, clearly supports the award of retirement benefits and, since we find that the contrary conclusion made by the Commission is not supported by competent,

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.

Kennedy v. Kennedy

622 So. 2d 1033 · District Court of Appeal of Florida · Jul 23, 1993

Clearly, the trial judge in this case did not comply with that requirement. … Clearly, the legislative mandate of section 61.08 reaffirms the ruling in Canakaris. See Canakaris, 382 So.2d at 1201-1202 .

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

District Court of Appeal of Florida · Sep 3, 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.

American Ins. Ass'n v. Dept. of Ins.

13 Fla. L. Weekly 21 · District Court of Appeal of Florida · Dec 29, 1987

After previously reaching this decision on the need for and the establishment of the FPCJUA the Commissioner presided at a hearing requested by parties contesting the need for and the establishment of the FPCJUA. … to a qualified hearing officer who is not in any way connected with any of the prior actions or decisions of the Department.

Residential Plaza at Blue Lagoon, Inc. v. Agency for Health Care Admin.

891 So. 2d 604 · District Court of Appeal of Florida · Jan 24, 2005

In order for extended congregate care services to be provided in a facility licensed under this part, the agency must first determine that all requirements established in law and rule are met and must specifically designate … Acknowledging ACHA's expertise in healthcare administration, we are nonetheless obliged to overturn the Agency's clearly erroneous interpretation of the statute. See Ocampo, 806 So.2d at 634 .

Kareem Daniel Farrell v. State of Florida

186 So. 3d 1046 · District Court of Appeal of Florida · May 13, 2015

not qualified as -an expert and to argue that even if he or she is qualified, the jury should not give the opinion testimony great weight. … In summary, we find that the cross-examination of appellant’s expert witness in the accuracy of his C.V. was not error, and even assuming it was error, it was clearly harmless and would not be grounds for reversal.

Cenac v. Florida State Bd. of Accountancy

399 So. 2d 1013 · District Court of Appeal of Florida · May 29, 1981

Blue Cross of Florida employed him from 1973 until 1977 when a health care provider in Puerto Rico hired him to establish procedures to improve Medicare and Medicaid reimbursement. … it would be premature for us to pass on the question of whether Cenac's conduct could constitutionally *1018 fall within the prohibitions of Chapter 473 and to expound on the meaning of pertinent statutes which are not clearly

BM v. Dobuler

979 So. 2d 308 · District Court of Appeal of Florida · Mar 19, 2008

According to criteria set by the instrument, a child who has a score of twelve or more points qualifies for secure detention, a child who has a score of seven to eleven points qualifies for home detention, and a child who … scores below seven points does not qualify for any form of detention.

State v. Coupal

626 So. 2d 1013 · District Court of Appeal of Florida · Nov 5, 1993

An analysis of chapter 318 clearly shows the legislature's intent to decriminalize certain violations of chapter 316. … a defendant previously has sustained a criminal penalty and the civil penalty sought in the subsequent proceeding bears no rational relation to the goal of compensating the Government for its loss, but rather appears to qualify