Case law

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.

Marshall-Beasley v. Beasley

77 So. 3d 751 · District Court of Appeal of Florida · Dec 7, 2011

The vocational expert also had located advertisements for employment for which Former Wife was qualified. … “Clearly the husband cannot be required to maintain the wife’s standard of living when this maintenance stretches beyond his financial capacity.” Pirino, 549 So.2d at 220 .

NIKOLAS CRUZ v. STATE OF FLORIDA

District Court of Appeal of Florida · Aug 14, 2019

Clearly established principles of law “can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.” 843 So. 2d at 890. … We conclude that petitioner has not shown such a departure from clearly established law in the trial court’s denial of his motion for protective order.

Delgado v. Omni Hotel

643 So. 2d 1185 · District Court of Appeal of Florida · Oct 19, 1994

It is well-established that the date of MMI “marks the point after which no further recovery or improvement from an injury or disease can be reasonably anticipated.” Rolle v. … Pujadas clearly testified that it was his opinion that claimant would not reach MMI until six to eight weeks after starting physical therapy, but also stated that physical therapy had not yet been prescribed.

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.

Brevard County v. DHRS

589 So. 2d 398 · District Court of Appeal of Florida · Nov 14, 1991

The record clearly shows that H.R.S. requested that the court appoint an attorney ad litem for four of the children in two cases; it is unclear whether the remaining appointments were made pursuant to H.R.S.' … Chapter 415, Florida Statutes (1989) and Florida Rule of Juvenile Procedure 8.590 establish Florida's Guardian Ad Litem Program.

STATE, DEPT. OF AGR. & CONS. SERV. v. Mid-Florida Growers, Inc.

541 So. 2d 1243 · District Court of Appeal of Florida · Mar 8, 1989

These prices were established by the August 1984 market. … Unless the grove owners could establish operational as compared to planning-level errors, their tort action would have been barred by sovereign immunity. Commercial Carrier Corp. v.

State v. Kees

919 So. 2d 504 · District Court of Appeal of Florida · Dec 2, 2005

Importantly, the supreme court did not qualify that categorical statement by indicating that someone in the mall would have to be offended in order for a statutory violation to have occurred. … , 573 P.2d 580 (1977), the court held that the words in a statute "lewd fondling or touching" required the State "to prove a fondling or touching in a manner which tends to undermine the morals of the child, which is so clearly

Villazon v. Prudential Health Care Plan, Inc.

794 So. 2d 625 · District Court of Appeal of Florida · Mar 14, 2001

The uncontroverted evidence, however, establishes that all medical providers were independent contractors. … Here, all the contractual provisions clearly designated the physicians as independent contractors.

Hamilton Downs Horsetrack, LLC v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

226 So. 3d 1046 · District Court of Appeal of Florida · Sep 5, 2017

Next, the Division contended that the second race should not qualify as a race because it was not a pari-mutuel race on which betting could occur. … [and] be moved to intervene only by clearly erroneous interpretations of a statute.’” Murciano v. State, 208 So. 3d 130, 134 (Fla. 3d DCA 2016) (quoting Bethesda Healthcare Sys., Inc. v.

CAULKINS INDIATOWN CITRUS CO. v. Nevins Fruit Co., Inc.

831 So. 2d 727 · District Court of Appeal of Florida · Nov 13, 2002

Section 671.205 provides that the usage of trade in which the parties are engaged gives particular meaning to supplement or qualify terms of an agreement. … Paragraph 4 clearly provides that the quantity of the fruit delivered is fixed by the test of the state inspector.

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

State, Department of Financial Services v. Peter R. Brown Construction, Inc.

108 So. 3d 723 · District Court of Appeal of Florida · Mar 1, 2013

We agree *726 with the ALJ’s reasoning that Appellee has established standing under the statute. … Even though rule 691-40.103(6) provides examples of “globes, statues, potted plants, picture frames, etc.” as set forth in paragraph 16 above, subpart (6) is still vague because no qualifying language is available as a standard

Scholz v. RDV Sports, Inc.

710 So. 2d 618 · District Court of Appeal of Florida · Mar 27, 1998

`That was just a label so he could qualify for the coaches' pension plan;' and (3) `George was an advance scout,' ... `He was never a coach for us.' … This testimony clearly demonstrates that Scholz' termination was within the scope of Goukas' employment. However, the statement attributed to Otis Smith is a different matter.

Federal National Mortgage Association v. McFadyen

194 So. 3d 418 · District Court of Appeal of Florida · Apr 27, 2016

A copy of the note was attached to the verified complaint, the last page of which clearly bears not only borrower Probert’s signature but also two indorsements, one from the original … conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

City of Winter Park v. Jones

392 So. 2d 568 · District Court of Appeal of Florida · Oct 1, 1980

Clearly, certiorari review by the Supreme Court, and later by the district courts of appeal, has not been confined to the "strict review" originally contemplated. … It is not clear as to what was intended by use of the word "resident" in qualifying which boats are subject to the fee.

Thomas v. Salvation Army

562 So. 2d 746 · District Court of Appeal of Florida · May 14, 1990

Let me just make a qualifier here. … Preste clearly answered, "Yes."

Childers v. State

713 So. 2d 431 · District Court of Appeal of Florida · May 29, 1998

Given the evidence presented, there was clearly a view that the jury could take that supported a finding of premeditation. … Samuel Johnson, an investigator with the medical examiner's office, was qualified as an expert in blood splatter analysis.

M.K. and JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Department of Children & Families

District Court of Appeal of Florida · Dec 20, 2023

Walsh, 645 So. 2d 422, 425 (Fla. 1994) (“The presumption against retroactive application of a law that affects substantive rights, liabilities, or duties is a well-established rule of statutory construction.”). … The statute clearly contemplates that the hearings to determine whether to permit the adoption entity to intervene and whether a change of the child’s placement is in the best interests of the child are to be held in the

Tyler v. State

793 So. 2d 137 · District Court of Appeal of Florida · Aug 22, 2001

Therefore, he has established the prejudice prong of an ineffective assistance of counsel claim. … Osterhout's testimony, which was played for the jury at trial, if left unrebutted, is clearly damaging to Tyler's case.