Case law

Allen v. Protel, Inc.

852 So. 2d 916 · District Court of Appeal of Florida · Aug 21, 2003

In his final order of compensation, the JCC decided that claimant had established compensable physical and psychiatric injuries as a result of her industrial accident. … Although the receipt of such benefits is not by itself sufficient to qualify a claimant for PTD benefits under Florida's Workers' Compensation Law, it "may be relevant to a determination of entitlement to PTD benefits under

Armstrong v. City of Tampa

112 So. 2d 293 · District Court of Appeal of Florida · May 8, 1959

Clearly the taxing power of the municipality is not unconstitutional simply because it has some effect on interstate commerce; it is only unconstitutional where it is discriminatory in character, or where it impedes such … of establishing by clear evidence and law that he is entitled to such exemption.

Anich Industries, Inc. v. Raney

751 So. 2d 767 · District Court of Appeal of Florida · Mar 3, 2000

These are some of the reasons that a party appealing the denial of a temporary injunction has the heavy burden of demonstrating that the trial court's ruling was clearly improper. *770 Gold Coast Chemical Corp. v. … If a person seeking enforcement of the restrictive covenant establishes prima facie that the restraint is reasonably necessary, the person opposing enforcement has the burden of establishing that the contractually specified

Goss v. Permenter

827 So. 2d 285 · District Court of Appeal of Florida · Aug 23, 2002

At best defense counsel could have established Dr. … Charash was qualified to give an opinion against an emergency room physician is clearly a collateral and irrelevant matter. Thus, the trial judge properly sustained the Permenters’ objection to this line of questioning.

Lamont Davis v. State

153 So. 3d 360 · District Court of Appeal of Florida · Dec 17, 2014

Owen, 696 So. 2d 715 (Fla. 1997) (holding that Florida follows the rule in Davis, allowing questioning until a suspect clearly requests an attorney). … The admission of evidence relating to the ammunition was clearly relevant to the trial, as Appellant was charged with possession of ammunition by a felon.

Anderson v. Lyres Pasco Packing Co.

12 Fla. L. Weekly 363 · District Court of Appeal of Florida · Dec 24, 1986

The foregoing evidence was clearly sufficient to make a prima facie case thereby shifting the burden of proof to Lykes. Ordinarily, the employer in an ADEA case seeks to meet its burden as part of the defendant’s case. … Nelson and Warder also presented sufficient evidence to establish a prima fa-cie case.

Panaro v. State of Florida

District Court of Appeal of Florida · Dec 13, 2024

Accordingly, a court's discretion may be abused when "its ruling is based on an 'erroneous view of the law or on a clearly erroneous assessment of the evidence.' " Id. (quoting Cooter & Gell v. … Buffington isn't qualified or that the steps he took to estimate that [BAL] number were incorrect or not." But at oral argument before this court, the State tried to walk that back, suggesting that Dr.

Davidson v. State

105 So. 3d 672 · District Court of Appeal of Florida · Feb 5, 2013

As part of its preparation for the trial determining whether he qualifies as a sexually violent predator subject to detention, even though his sentence has expired, the state requested a mental status evaluation. … A ruling constitutes “a departure from the essential requirements of the law” when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v.

Wal-Mart Stores v. EWELL INDUSTRIES

694 So. 2d 756 · District Court of Appeal of Florida · Apr 1, 1997

Clearly the trial court in the present case found only that Wal-Mart had been negligent. We do not find appellee's efforts to distinguish AAA Asphalt on procedural grounds convincing. … The court noted that it was in proper form and qualified as a payment bond under section 713.23, Fla.Stat.

Wilson v. Kelley

226 So. 2d 123 · District Court of Appeal of Florida · May 14, 1969

The trial judge in his judgment n.o.v. relied upon both the 1912 quitclaim deed and the 1925 court order as establishing a root of title which thereby gave the defendants the entire interest in the land in dispute rather … A root of title is "any title transfer purporting to create or transfer the estate claimed *128 * * *." [7] Clearly a quitclaim deed is a title transaction, but it appears that it is not possible to determine what estate

State v. Perry

192 So. 3d 70 · District Court of Appeal of Florida · Mar 16, 2016

Thus, we conclude that prohibition is appropriate when the trial court strikes a notice of intent to seek the death penalty or refuses to death qualify a jury in a capital case. See id. … New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). 4 Apprendi has been held to establish a rule of procedure. See McCoy v. United States, 266 F.3d 1245, 1258 (11th Cir.2001); United States v.

Wal-Mart Stores v. McDonald

676 So. 2d 12 · District Court of Appeal of Florida · Jun 11, 1996

Marin could not recover damages from her husband because of the then doctrine of interspousal tort immunity. … Clearly, in those cases, the court was using the word to refer only to those who were named participants in a lawsuit.

Smyth v. Infrastructure Corp. of America

113 So. 3d 904 · District Court of Appeal of Florida · Jan 25, 2013

From our review of this unusually limited record, DOT and ICA clearly have not established the absence of a question of fact as to the negligence of the operator of the tractor or his causal role in this accident. … ICA clearly has not satisfied its burden at summary judgment to establish that it fully and successfully delegated its responsibilities for these risks to Titan under these circumstances.

Office of Insurance Regulation & Financial Services Commission v. Secure Enterprises, LLC

124 So. 3d 332 · District Court of Appeal of Florida · Oct 11, 2013

The appellant also proposed a rule establishing criteria for approval of a dental hygiene school or college. Id. … The proposed rules at issue established procedures and requirements to implement the certification of health care providers and established the procedures and criteria for the approval of the minimum five-hour training course

Reid v. TEMPLE JUDEA

994 So. 2d 1146 · District Court of Appeal of Florida · Jun 11, 2008

Thereafter, Reid, as sole trustee, petitioned to reform the trust claiming that the trust instrument did not evidence the settlor's intent which was to give his apartment to Reid not subject to abatement: As established by … Broward Nat'l Bank of Fort Lauderdale, 265 So.2d 377, 378 (Fla. 4th DCA 1972)), a trustee clearly has standing to seek reformation.

Bio-Medical Applications of Clearwater, Inc. v. DEPT. OF HEALTH & REHABILITATIVE SERV.

370 So. 2d 19 · District Court of Appeal of Florida · Feb 23, 1979

Sec. 300k et seq. ) in order for a state to qualify for financial grants under federal health programs. … We believe that the Ashbacker doctrine clearly applies in the case before us.

St. Johns River Water Management District v. Molica

83 So. 3d 765 · District Court of Appeal of Florida · Aug 19, 2011

District asserted: Even if Plaintiffs were allowed by this Court to re-litigate their past wetland filling in this proceeding, summary judgment related to the past filling of wetlands must be denied because wetland filling is clearly … However, if such an activity significantly degrades or is within an Outstanding Florida Water, as provided by department rule, the applicant must provide reasonable assurance that the proposed activity will be clearly in

Mercedes Lighting and Electrical Supply, Inc. v. DEPT. GEN. SERV.

560 So. 2d 272 · District Court of Appeal of Florida · Apr 16, 1990

All pleadings, motions, or other papers filed in the proceeding must be signed by a party, the party's attorney, or a party's qualified representative The signature of a party, a party's attorney, or a party's qualified representative … However, we find that Saxon cannot be viewed as constituting clearly established law contrary to Mercedes' position in this case.

Cobb v. Langworthy

909 So. 2d 416 · District Court of Appeal of Florida · Aug 19, 2005

It ruled in part: The previous trial on the issue of forfeiture clearly demonstrated that Petitioner [the Sheriff] could not meet the instrumentality or proportionality test necessary to support forfeiture in this cause. … Sheriff also contends that, because Langworthy asserted negligence in the storage of his truck by the Sheriff, Langworthy was required to conform to the notice and pleading requirements of Florida's waiver of sovereign immunity

JOSEPH E. BLAIR v. STATE OF FLORIDA

District Court of Appeal of Florida · Mar 2, 2022

The state’s motion to correct appellant’s jail credit was clearly a motion to correct a scrivener’s error pursuant to rule 3.800(b). … State, 264 So. 3d 338, 340 (Fla. 1st DCA 2019) (“It is well established that a court may not rescind jail credit, even if it has been awarded in error.”); King v.