Case law

Sweeting v. Hammons

13 Fla. L. Weekly 511 · District Court of Appeal of Florida · Feb 23, 1988

Factors to be considered when qualifying fixtures as either realty or personalty were established by the Florida Supreme Court in Commercial Finance Co. v. … While the question has been seldom addressed in Florida, a trade fixture exception to the general fixture rule at common law has been established.

Grabau v. DEPT. OF HEALTH, BD. OF PSYCHO.

816 So. 2d 701 · District Court of Appeal of Florida · Apr 22, 2002

Grabau's appointed qualified representative complained that the deposition was incomplete, that Dr. … Grabau's clinical notes regarding K.R. clearly indicate the formation of a professional psychologist-patient relationship. From an independent review of the record, the ALJ reached the same conclusion as Dr.

Robinson v. Shands Teaching Hosp.

625 So. 2d 21 · District Court of Appeal of Florida · Sep 14, 1993

Fabrick was a psychologist who does not qualify as a physician as defined in subsection 440.13(1)(h). … In all of the cases I have reviewed where payment of unauthorized medical care was not approved either by the judge of compensation claims or this court, it was clearly established that no breach of the duty to *31 offer

Carson v. City of Fort Lauderdale

244 So. 2d 485 · District Court of Appeal of Florida · Feb 19, 1971

(which plan the city adopted and put into effect in 1947 pursuant to Resolution No. 3064) became by virtue of an approving vote of the qualified electors of the defendant city a binding contract between the City of Fort Lauderdale … Unfortunately, neither Kraft nor Schmeller is clearly dispositive of the precise issue involved in the instant case.

Commission v. District School Board

374 So. 2d 1005 · District Court of Appeal of Florida · Jul 6, 1979

It is well established that jurisdiction to determine unfair labor practice matters under the NLRA is pre-empted to the National Labor Relations Board (NLRB). … This case does not involve review of PERC action, and the doctrine clearly does not apply. Odham v. Foremost Dairies, Inc., 128 So.2d 586 (Fla.1961).

Stevens v. State

691 So. 2d 622 · District Court of Appeal of Florida · Apr 18, 1997

The Iacovone decision clearly satisfies the first prong of the Witt analysis. … The case before us, however, clearly does involve "a common law analysis or statutory interpretation."

United Auto. Ins. Co. v. Custer Medical Center

990 So. 2d 633 · District Court of Appeal of Florida · Sep 10, 2008

Kaklamanos, 843 So.2d 885, 889 (Fla.2003) ("A district court [may] exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage … Clearly, Goldman does not say that medical examinations are a condition precedent to coverage.

Commercial Carrier Corp. v. LaPointe

723 So. 2d 912 · District Court of Appeal of Florida · Jan 13, 1999

An employee who cannot meet the attendance requirements of the job at issue cannot be considered a "qualified" individual protected by the ADA. … Because the amount of the fee was never established, the propriety of the fee award is not an issue presently before us. See Wometco Enters. v. Cordoves, 650 So.2d 1117 (Fla. 1st DCA 1995); Winkelman v.

Gallardo v. Scott

821 So. 2d 1237 · District Court of Appeal of Florida · Jul 26, 2002

Whenever possible, qualified individuals who have volunteered their time to serve as arbitrators shall be appointed. … Clearly, the rule requires that, in order to commence and effectuate a statutory court-ordered arbitration, the court must send to the parties and the arbitrators a written notice which is to include procedures established

Carson v. City of Fort Lauderdale

155 So. 2d 620 · District Court of Appeal of Florida · Aug 7, 1963

The resolution provided for its submission to the qualified electors of the city by referendum. [1] The resolution *623 was approved in a special election held October 27, 1947. … The defendant attacks this part of the complaint by asserting arguendo that clearly there was no contractual obligation; that the city had legal authority to levy the utility tax without referendum; that the city did not

Morrison v. West

30 So. 3d 561 · District Court of Appeal of Florida · Feb 17, 2010

Carla Morrison (“Morrison”) was the beneficiary of a pour-over trust established by Pedro. … While West seeks to expand this footnote to claim entitlement to his quantum meruit fee, his interpretation is clearly wrong.

Pacific Indemnity Co. v. Pinellas County

214 So. 2d 58 · District Court of Appeal of Florida · Sep 18, 1968

As stated in the above-quoted passage, on the County’s motion for summary judgment the burden of proof rested upon the County to clearly show a lack of any genuine issue of material fact. … From the papers on file it does not conclusively appear that defendant would not be able to qualify under the four conditions recited in Clutter.

City of Miami v. Wellman

976 So. 2d 22 · District Court of Appeal of Florida · Jan 23, 2008

Adequacy of Notice The ordinances do not clearly require that notice be promptly given to owners who are not at the scene of the impoundment. In Department of Law Enforcement v. … Although mindful that impoundment is not equivalent to forfeiture, we do not believe that an ordinance that does not allow for an innocent owner to be immune from loss of property and additional monetary penalties can satisfy

Iden v. Kasden

609 So. 2d 54 · District Court of Appeal of Florida · Oct 20, 1992

To prove fraud, a plaintiff must establish that the defendant made a deliberate and knowing misrepresentation designed to cause, and actually causing detrimental reliance by the plaintiff. … First, looking at the contract, it clearly and distinctly provides that Milledge and Iden were to act as escrow agents for $40,000.

Clark v. Dept. of Professional Regulation

463 So. 2d 328 · District Court of Appeal of Florida · Jan 4, 1985

He explained to her that metabolic therapy was not a treatment against the cancer, per se, but that it would help "build up her body to where her own immune system would help her fight the cancer." … Laetrile are detailed in section 458.333, Florida Statutes (1979): Prescription or administration of amygdalin (laetrile); disciplinary action; signed release by patient. (1) As used in this section, unless the context clearly

IRIS BERGMAN and JOHN STIGLICH v. IN RE: ADOPTION OF Z.E.S., A CHILD

238 So. 3d 847 · District Court of Appeal of Florida · Mar 7, 2018

A year later, the birth mother sought to void the adoption on the ground that her former partner “was not qualified to seek a step-parent adoption.” Id. … The Legislature has clearly stated its preference that an adoption result in “adoptive parents” raising the adoptee as if the child were “born to such adoptive parents in lawful wedlock.” § 63.032(2).

Potts v. State

427 So. 2d 822 · District Court of Appeal of Florida · Mar 9, 1983

There, the First District held this similar fact evidence was clearly relevant in its bearing on the defendant's identity, intent, plan and design, as well as to show lack of inadvertance. See also Pendleton v. … This similar fact evidence was also relevant to establish a pattern of conduct similar to the defendant's conduct in the crime for which he is charged. See Jones v.

Randall v. Florida Dept. of Law Enforcement

791 So. 2d 1238 · District Court of Appeal of Florida · Aug 21, 2001

Accordingly, our review is limited to determining whether the trial court's ruling constitutes a departure from the essential requirements of law, that is, whether it constitutes "a violation of a clearly established principle … "Mandamus may not be used to establish the existence of ... a right, but only to enforce a right already clearly and certainly established in the law." Florida League of Cities v. Smith, 607 So.2d 397, 401 (Fla.1992).

General Elec. v. Advance Petroleum, Inc.

660 So. 2d 1139 · District Court of Appeal of Florida · Sep 13, 1995

"A lien is a qualified right or a proprietary interest, which may be exercised over the property of another. It is a right which the law gives to have a debt satisfied out of a particular thing." City of Sanford v. … It has long been established in this and other jurisdictions that a court which has obtained in personam jurisdiction over a defendant may order that defendant to act on property that is outside of the court's jurisdiction

City of Key West v. RLJS CORP.

537 So. 2d 641 · District Court of Appeal of Florida · Jan 3, 1989

environmental excise tax imposed by the city after the developer had begun construction of condominiums was upheld and the developers' vested rights argument rejected: "Appellants' attempt to use a vested rights principle to gain immunity … It thus clearly appears that government can constitutionally impose burdens which are unexpected whether or not the burdens are susceptible to being passed on to another person. See Westfield-Palos Verdes Co. v.