Case law

Continental Ins. Co. v. Kennerson

661 So. 2d 325 · District Court of Appeal of Florida · Sep 22, 1995

[the lessee] qualifies as an intended beneficiary under the insurance policy." U.S. Fire Ins. Co. v. Norlin Indus., Inc., 428 So.2d 325, 326 (Fla. 1st DCA 1983). … This is clearly in keeping with the modern trend of authority [which] holds that the lessor's insurer cannot obtain subrogation against the lessee in the absence of an express agreement or lease provision establishing the

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.

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

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

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.

Deese v. Mobley

392 So. 2d 364 · District Court of Appeal of Florida · Jan 16, 1981

As in the case of other defenses to negotiable instruments, the defendant has the burden of establishing his defense of discharge by a preponderance of the total evidence. … His statements rather clearly evince an offer to relieve her of one-half of the debt, which she accepted by the conveyance and receipt of the $1,000.00 payment. In reality, it is clear that while Mr.

Weiss v. Storm

126 So. 2d 295 · District Court of Appeal of Florida · Jan 24, 1961

The surviving wife, on her own application, caused the joint will to be probated as the last will and testament of her deceased husband and qualified as executrix under the will. … itself is sufficient evidence to establish a contract.

Hadley v. State

43 So. 3d 113 · District Court of Appeal of Florida · Aug 18, 2010

case law holding that the tip must be sufficient to establish reasonable suspicion for the stop. … Thus, she qualifies as a citizen-informant and her tip falls at the high end of the reliability scale because she was not anonymous, her identity was readily ascertainable, she became a victim and observed further criminal

Wells v. State

11 Fla. L. Weekly 1581 · District Court of Appeal of Florida · Jul 18, 1986

State, 213 So.2d 735 (Fla. 3d DCA 1968) are clearly distinguishable. … Clearly, there was an insufficient predicate to establish the relevancy of the defendants' presence near the marijuana patch. The state urges Jacobson v.

LaGasse v. Aetna Insurance Company

213 So. 2d 454 · District Court of Appeal of Florida · Aug 7, 1968

LaGasse actually established residence at the 40th Street property. Defendant's father died April 7, 1965, and her mother died 5 months later in September. … Certainly Kathleen's occupancy with her 14 year old daughter within a few weeks after her father's death qualified her as a bona fide resident. 2.

State v. SCM Glidco Organics Corp.

592 So. 2d 710 · District Court of Appeal of Florida · Dec 23, 1991

Ingraham, 428 So.2d 283 (Fla. 3d DCA 1983) (attorney's fee cap in sovereign immunity statute applied to attorney's fee award in personal injury action against school board rather than statute dealing with caps on recovery … This rule of construction, in my judgment, should be applied to the two statutes before us, in that it clearly appears that each has as its purpose the prohibition of different types of conduct.

Roper v. State

763 So. 2d 487 · District Court of Appeal of Florida · Jul 12, 2000

The information elicited clearly suggests that Flowers had a criminal record and, therefore, was untrustworthy. … Thus, the state was able to impeach Flowers without establishing that he had ever been convicted of a crime which qualified as proper impeachment under section 90.610.

Special Disability Trust Fund v. Stephens

595 So. 2d 206 · District Court of Appeal of Florida · Feb 27, 1992

employer for compensation has not been discharged under the provisions of s. 440.20(12), the injured employee shall receive additional weekly compensation benefits equal to 5 percent of his weekly compensation rate, as established … Section 440.13 required the employer to furnish remedial treatment, care, and attendance under the direction and supervision of a qualified physician or surgeon.

Fla. Medical Ass'n v. Dept. of Prof. Regulation

426 So. 2d 1112 · District Court of Appeal of Florida · Feb 2, 1983

optometrists, and providing guidelines for the determination *1113 of the competence of optometrists to use and prescribe drugs in their practice. [1] Our review convinces us that the petition sufficiently alleges facts to establish … Broussard has standing, are clearly sufficient to bring the associations within the expanded standing criteria for associations spelled out in Florida Home Builders Association v.

Silver Beach Towers Property Owners Ass'n v. Silver Beach Investments of Destin, L.C.

230 So. 3d 157 · District Court of Appeal of Florida · Oct 18, 2017

The date of “turnover,” as defined by the declaration in article 1(y) and as described in section 718.301(4), Florida Statutes, was not definitively established. 1 “Club” was defined in the declaration, Art. 1(d), as … A thing may be “appurtenant,” or annexed to something else, without qualifying as an “appurtenance to the unit.”3 The declaration in this case clearly provided that the Club memberships were “non-equity” memberships, not

Riano v. Heritage Corp. of S. Fla.

665 So. 2d 1142 · District Court of Appeal of Florida · Jan 10, 1996

In cases involving pretrial evidentiary rulings, the writ is reserved for those situations where "there has been a violation of a clearly established principle of law resulting in a miscarriage of justice." Combs v. … Had the facts, as they actually existed, been known to us, this loan would not have qualified for insurance at the outset, and thus would not have been accepted for insurance. [2] The transcript contains the following exchange

Durie v. State

751 So. 2d 685 · District Court of Appeal of Florida · Jan 28, 2000

Finally, consistent with his claim of immunity based on good faith, Durie urges that the trial court erred in not giving his requested instruction that "[a]n attorney who acts in good faith in an honest belief that his advice … The court held that the jury should have been instructed: "Where it clearly appears that the taking of property was consistent with honest conduct, as where the taker honestly believes that he or she has a right to property

Peoples Gas System v. Acme Gas Corp.

689 So. 2d 292 · District Court of Appeal of Florida · Jan 15, 1997

This settlement, however, released only All-Pro's individual qualifiers and its employees who were dispatched to the scene. … Here, where neither Metrogas or Siegal Gas was found to have any liability to Peoples Gas, they were clearly entitled to recover an award of reasonable attorney's fees and costs pursuant to section 768.79(1).

U.S. BANK HOME MORTGAGE, U.S. BANK NATIONAL ASSOCIATION v. BOIVIN, VANDERBURG

District Court of Appeal of Florida · Feb 14, 2025

And here, the recorded mortgage clearly reflects the acceleration clause and nonwaiver provision. Thus knowledge of these provisions is imputed to Mr. Vanderburg. … Vanderburg never established that he had been given reason to believe that the mortgage would never be foreclosed. Cf.

Health Care Mgmt. v. Dept. of H & R

10 Fla. L. Weekly 2590 · District Court of Appeal of Florida · Nov 21, 1985

additional beds otherwise approved would not sufficiently serve local needs. [1] The final order thus clearly reveals the agency rationale and provides an adequate written foundation for appellate review as required by McDonald … There are proposed findings based on the testimony of an apparently qualified expert interpreting statistical information to establish that often within months after opening new nursing homes in Lee County nursing-home beds