Case law

Maurice Avery Stills v. State of Florida

154 So. 3d 524 · District Court of Appeal of Florida · Jan 19, 2015

State, 912 So. 2d 342, 342-43 (Fla. 3d DCA 2005) (rejecting the State’s argument that the co- defendant’s affidavit did not qualify as newly discovered evidence because the co- defendant was known to the defense at the … ‘[T]he getaway driver who has prior knowledge of the criminal plan and is waiting to help the robbers escape’ is clearly guilty of the robbery under a principals theory.

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.

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.

State v. Brewer

767 So. 2d 1249 · District Court of Appeal of Florida · Sep 15, 2000

Unless the police can determine the names of the victims in order to establish a corpus delicti, no prosecution of the individual will be possible. … His incarceration and previous conviction merely qualifies him, admittedly it is the only way that he can qualify, for this heightened scrutiny."

Brown v. Miller

2 So. 3d 321 · District Court of Appeal of Florida · Oct 17, 2008

(“Bill”) was the trustee and lifetime beneficiary of a trust established by his wife, Elinor Miller. … Orphans’ Ct.1951) (words “from time to time” did not diminish or qualify right to demand entire principal in lump sum).

Contreras v. State

910 So. 2d 901 · District Court of Appeal of Florida · Sep 14, 2005

Frankly we do not think there is room for doubt about whether such CPT "interviews" qualify as testimonial under Crawford . … She was also 13 at the time of trial, and thus she no longer qualified for unavailability under section 90.803(23).

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

Stanley v. State

57 So. 3d 944 · District Court of Appeal of Florida · Mar 30, 2011

In this case, the 911 calls were made immediately after the crime, were not in response to the police investigation, and were made to request assistance. 1 Accordingly, the 911 tapes qualify as excited utterances pursuant … Under this test, if the legislature does not clearly state whether a defendant may be convicted of both of two statutorily defined crimes, a defendant’s double jeopardy rights will have been violated if he is convicted of

Paul v. Wells Fargo Bank, N.A.

68 So. 3d 979 · District Court of Appeal of Florida · Sep 2, 2011

Thus, the governing principle may be more accurately stated as “absent other justifications, failure to hire counsel does not qualify as excusable neglect.” Schauer v. … Paul’s ailments could not establish a basis for the trial court to grant relief: Home Owners’ Loan Corp. v.

Dixson v. Cantrell

564 So. 2d 1138 · District Court of Appeal of Florida · Jun 29, 1990

Assuming without deciding that the Florida court has jurisdiction in this case to modify custody of the children, the court clearly erred in doing so without a showing of substantial change of circumstances. … Whatever effect the full faith and credit clause may have with respect to custody decrees, it is clear that the state of the forum has at least as much leeway to disregard the judgment, to qualify it, or to depart from it

Kaplus v. First Continental Corp.

711 So. 2d 108 · District Court of Appeal of Florida · Apr 22, 1998

The term operation of law has been defined as "the manner in which rights ... devolve upon a person by the mere application ... of the established rules of law, without the act or co-operation of the party himself." … All of her former husband's shares in the various corporations were clearly marital assets which were subject to equitable distribution.

Travelers Insurance Company v. Wilson

261 So. 2d 545 · District Court of Appeal of Florida · Mar 9, 1972

It is not unusual, and in fact quite common, for the trial court to determine on summary judgment, at a time long before defendant's liability to plaintiff is established, that the defendant is entitled to indemnification … Our holding in this case has been expressly qualified to make it clear that the coverage for punitive damages extends only to the insured owner if he is not guilty of any active wrongdoing or misconduct which would itself

Florida Ass'n of Realtors, Inc. v. Smith

825 So. 2d 532 · District Court of Appeal of Florida · Sep 18, 2002

Plainly read, the constitutional amendment proposed by House Joint Resolution 833 would establish an exception to these fundamental principles of Florida constitutional law. … After using the term "recommendations" to describe committee action and authority, the summary thereafter does reference committee "decisions," but this reference is then qualified by indications that such decisions must

State Farm Mutual Automobile, Insurance Co. v. Universal Medical Center of South Florida, Inc.

881 So. 2d 557 · District Court of Appeal of Florida · Mar 17, 2004

In fact, the relevant language of chapter 486 clearly allows licensed physical therapists to assist with patient examinations and treatment, and also allows them to operate medical equipment. … Ass’n, 400 .So.2d 526, 580 (Fla. 1st DCA 1981) (when a court interprets insurance policy language, the court may consider established custom and usage in the insurance industry). ■ We therefore affirm the final judgment,

MOBIL CHEMICAL CO., a DIV. OF MOBIL CORP. v. Hawkins

440 So. 2d 378 · District Court of Appeal of Florida · Sep 14, 1983

Based on these responses, the juror was accepted as qualified by both parties, and was seated on the jury. … Rodgers, 347 So.2d 610 (Fla. 1977), wherein an underaged juror lied about her age in order to be seated on the jury, is clearly distinguishable.

O'Donnell's Corp. v. Ambroise

858 So. 2d 1138 · District Court of Appeal of Florida · Nov 7, 2003

Taos Constr., 605 So.2d 850 (Fla.1992) (holding that prohibition may not be used to raise affirmative defense of workers' compensation immunity). Although this court in Swartzman v. … In my view, this court should "not condone use of the extraordinary writ procedure to circumvent established appellate rules." J.C., 847 So.2d at 492 .

State Ex Rel. Schwartz v. Lantz

440 So. 2d 446 · District Court of Appeal of Florida · Nov 1, 1983

Consequently, we reject Judge Lantz' contention that, because of his office, he is immune from our contempt powers. … circumstances in which a trial judge may be held in contempt of an appellate court's order, but violation of a stay order without proof of intent to flout the authority of this court or to show disrespect is insufficient to establish

Terri Van Winkle, PA v. Johnston

813 So. 2d 1065 · District Court of Appeal of Florida · Apr 22, 2002

In my judgment, once Van Winkle presented evidence that the Johnstons received UM benefits from their insurer, she satisfied the burden of establishing, as a matter of law, that such benefits were from a collateral source … That the UM benefits paid comply with the statutory definition of collateral source is clearly apparent from a reading of the pertinent statutes outlining the types of benefits for which UM coverage applies.

Morris v. Kridel

179 So. 2d 130 · District Court of Appeal of Florida · Sep 21, 1965

Not down here, we are not qualified to decide this thing. * * *" The question posed to us by the appellants is whether an order of a sister state as to the custody of a minor child is entitled to unquestioned enforcement … After considering all of the above the trial judge may, in the exercise of his discretion, decide that there is no reason to depart from the status established by the order of the sister state.

JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANK

255 So. 3d 944 · District Court of Appeal of Florida · Jul 13, 2018

Such funds are immune from garnishment except where the debt was incurred by both spouses.' " Branch Banking & Tr. Co. v. Ark Dev./Oceanview, LLC, 150 So. 3d 817, 821 (Fla. 4th DCA 2014) (quoting Antuna v. … 295, 297 (Fla. 4th DCA 2004) ("Transferring the proceeds of the sale of entireties property to a trustee for the benefit of the husband and wife does not terminate the unities of title or possession, where the parties clearly