Case law

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.

Gate Lands Co. v. OLD PONTE VEDRA CONDO.

715 So. 2d 1132 · District Court of Appeal of Florida · Aug 21, 1998

the residential units and club, Gate conferred with Curts, a licensed Florida architect practicing his profession in the state of Florida, and based on his representation that he and his company, Design Advocates, were qualified … Thus, as a general rule, refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been

Barron v. State

990 So. 2d 1098 · District Court of Appeal of Florida · Aug 22, 2007

As Florida law clearly provides for the admission of nontestimonial hearsay, which the two complained-of calls qualify as, we find no error in their admission. … Thus, the evidence clearly establishes that the shooting occurred during the course of the robbery.

Brown v. State

86 So. 3d 569 · District Court of Appeal of Florida · Apr 27, 2012

This evidence not only fails to establish that the broomsticks were deadly weapons, it clearly establishes that they are not. … In the instant case, the state failed to present any testimony that a stun gun qualifies as a deadly weapon by its ordinary use and there was insuffi- *573 dent evidence to establish that it was a deadly weapon in the manner

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

THE BANK OF NEW YORK MELLON, etc. v. TIMOTHY M. KARDOK a/k/a TIMOTHY KARDOK

District Court of Appeal of Florida · Jun 21, 2023

Except for the circumstantial evidence discussed later in this opinion, if the assignment in this case was valid, then the bank qualified as an entity that “directly or indirectly acquired ownership of the instrument from … The evidence in this case clearly established that the note was lost while the original lender was the owner. The copy of the note showed it was unendorsed.

Seddon v. Edmondson

411 So. 2d 995 · District Court of Appeal of Florida · Mar 31, 1982

The letter from Seddon was part of a “transaction or communication” between the witness and the deceased, and the objection was made on behalf of the decedent’s daughter, appellant herein, who was qualified under the statute … Hull, 331 So.2d 348 (Fla. 1st DCA 1976), are clearly distinguishable from the facts herein.

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 .

John Goodman v. Florida Department of Law Enforcement

203 So. 3d 909 · District Court of Appeal of Florida · May 25, 2016

These regulations govern the collection and storage of blood samples for the FDLE’s blood alcohol testing program, as well as regulate those persons qualified to test the samples. ’ Rule 8.012 specifies a number of steps … Instead, the rules simply provide general guidance clearly intended to be supplemented by standard best practices and medical knowledge. See, e.g., Miss. Admin.

Nazia, Inc. v. Amscot Corp.

275 So. 3d 702 · District Court of Appeal of Florida · May 31, 2019

However, this cannot overcome the clearly limited language of the amended licensing agreement that only authorized Amscot to "use" the parking spaces. … To qualify as a true irrevocable license, Amscot needed to make a substantial investment in the property's improvement. See Dance v. Tatum , 629 So.2d 127 , 128-29 (Fla. 1993).

Gaines v. City of Orlando

450 So. 2d 1174 · District Court of Appeal of Florida · May 3, 1984

VIII, of the State Constitution... ." [6] The source of extraterritorial powers granted to cities clearly must be found in general or special laws passed by the state legislature. … The Legislature in its wisdom merely established a municipal agency to operate the publicly owned property for the benefit of the public.

State v. Dell'Orfano

651 So. 2d 1213 · District Court of Appeal of Florida · Apr 13, 1995

What it places the Defendant as regarding against is a totally non-unanimous verdict as to the offense, with no way of knowing that it's non-unanimous, with no way of establishing that. … Though we have uncovered no Florida case law to support the idea that sexual abuse of a child may qualify as one of the instances where this principle applies, other jurisdictions have made that determination.

Terrinoni v. WESTWARD HO!

418 So. 2d 1143 · District Court of Appeal of Florida · Aug 23, 1982

Appellant argues that dependency status is fixed on the date of the employee's death; that she qualified for benefits by virtue of her dependency on the employee and his compensable death, and that the policy of workers' … The legislative intent is clearly to allow for termination of dependency. There is no statutory language limiting termination of a parent's dependency to the happening of a specific event.

State v. Hutchinson

404 So. 2d 361 · District Court of Appeal of Florida · Jun 5, 1981

In order to qualify to attack the search, he had to prove his ownership or possession of the contraband. If his suppression motion failed, he stood convicted out of his own mouth. … Notwithstanding our conclusions with respect to the burden facing appellee when he made his motion below, we are hesitant to declare flatly that at that time the law clearly precluded him from relying upon "automatic standing

Krueger v. UNEMPLOYMENT APPEALS COM'N

555 So. 2d 1225 · District Court of Appeal of Florida · Sep 8, 1989

The legal issue not clearly resolved by the appeals referee is whether Ms. Krueger voluntarily resigned for "good cause." … Krueger's evidence clearly establishes that her resignation was not based upon any unwillingness to work. It is obvious that she valued her job and only reluctantly resigned.

Lori A. Ford v. Michael Withers Ford

153 So. 3d 315 · District Court of Appeal of Florida · Nov 26, 2014

She argues the former husband has a clearly superior ability to pay all of the litigation costs and fees. … Although it is the public policy of the state, as provided in section 61.13(2)(c)1., “that each minor child has frequent and continuing contact with both parents after the parents separate,” that public policy is qualified

MERCEDES-BENZ OF NA v. Mike Smith Pontiac GMC, Inc.

561 So. 2d 620 · District Court of Appeal of Florida · May 3, 1990

The transfer challenge envisioned in this section must allege that the proposed transferee is not qualified under the terms of the statute. … Even if the dealer has already invoked section 320.641(3) to contest an attempted termination of the franchise agreement, the termination statute clearly envisions that a transfer under section 320.643 can take place.

Patterson v. Tribune Company

146 So. 2d 623 · District Court of Appeal of Florida · Oct 24, 1962

Patterson, plaintiff in the trial court, appeals a summary final judgment rendered for the defendant-appellee, a corporate publishing establishment of Tampa, Florida. … It is suggested arguendo that the defendant, though not a public officer, was clearly placed under a duty not to publish the forbidden information. In 1 C.J.S.

Dearing v. General Motors Acceptance Corp.

758 So. 2d 1236 · District Court of Appeal of Florida · May 26, 2000

Redditt, as an employee of GMAC, qualified for a “New Vehicle Purchase Certificate.” … It is the certificate and the formula used in the Smart Lease to establish Redditt’s liability for early termination which creates the legal issue in this case.

Millennium Communications & Fulfillment, Inc. v. Office of Atty. Gen.

761 So. 2d 1256 · District Court of Appeal of Florida · Jul 19, 2000

Accordingly, the lower court clearly abused its discretion in entering the order under review. … Standard Credit Systems, 874 F.Supp. 1080 (C.D.Cal.1994) (advertisement stating "anyone can qualify for Visa and MasterCard... Bad Credit? No Credit? No Problem. Make the Call and Get the Credit you Deserve Now!"