Case law

Wal-Mart Stores, Inc. v. Liggon

668 So. 2d 259 · District Court of Appeal of Florida · Feb 15, 1996

In the order entered December 21, 1994, the JCC found that "the unrebutted evidence clearly indicates the claimant is only able to engage in part-time sedentary work." … This court has recently explained the ways in which an injured employee may establish a PTD claim: The burden is upon the employee to establish inability to uninterruptedly do even light work available within a 100 mile radius

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.

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.

Jaffee v. Jaffee

394 So. 2d 443 · District Court of Appeal of Florida · Feb 3, 1981

Jaffee could support herself through her earnings as a qualified registered nurse. Even assuming the factual accuracy of this determination, Dr. … Moreover, the meaning of the clause in question is entirely unambiguous, and is clearly conveyed by the plain language employed by the agreement itself. While Dr.

SARASOTA CTY. SCH. D. v. Sarasota Classified/Teachers Ass'n

614 So. 2d 1143 · District Court of Appeal of Florida · Feb 12, 1993

We recognize that it is well established that an interpretation of a statute by an agency charged with its administration is entitled to great weight and will not be overturned unless clearly erroneous, State ex rel. … The legislature clearly reserved this right when it enacted section 447.309(2) and made it clear that underfunding an agreement was not an unfair labor practice.

Engineering Contractors Association of South Florida, Inc. v. Broward County

789 So. 2d 445 · District Court of Appeal of Florida · Jun 27, 2001

Clearly, Broward County is permitted to consider the factors listed in the RLI in determining whether a particular bidder is "responsible" or "competent" to bid on a construction project. … The evidence at trial established that all of the contractors were considered responsible bidders by those on the selection committees. [3] Ultimately, the contract is let not to the lowest responsible or lowest competent

Public Emp. Rel. Com'n v. District Schppl Bd.

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).

Romanello v. State

160 So. 2d 529 · District Court of Appeal of Florida · Feb 4, 1964

State, supra, Kanner, J., said: "The contemporary trend of authority is to narrow the concept of immunity against searches and seizures where there is involved a motor vehicle utilized by one as an aid in committing a crime … The rule is firmly established that if a person is found to possess property recently stolen and gives a creditable account of how he came by it, the state assumes the burden of proving the account *534 to be untrue.

Wester v. State of Florida

District Court of Appeal of Florida · Nov 13, 2024

While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other. … In fine, defendant’s illegal activities were clearly helped along by the authority vested in him as a police officer and by the reactions (fear and timorousness in some instances) which a police officer, uniquely

JENNIFER RIPPLE, as Personal Representative of the ESTATE OF RICHARD D. COUNTER v. BENNET AUTO SUPPLY

District Court of Appeal of Florida · Mar 30, 2022

As the [Fifth District] in Domino’s … correctly observed, … Kelly … runs “contrary to established precedent”, “contrary to the legislative intent”, and is “unconvincing.” [248 So. 3d] at 221. … This would be contrary to established precedent holding that such determinations are made at the time of the decedent’s death. See, e.g., Powell v.

Carollo v. Carollo

920 So. 2d 16 · District Court of Appeal of Florida · Dec 29, 2004

The EORT is a non-contributory "retirement system" that was established "for the purpose of providing retirement benefits." City of Miami Municode, §§ 40-292, 40-295. … Since it is clearly within the trial court's power to alter a judgment for a limited period. " Elmore, 221 So.2d at 166 (citing Florida Rule Civil Procedure 1.530).

Galuppi v. Viele

232 So. 2d 408 · District Court of Appeal of Florida · Feb 13, 1970

The record clearly reflects that on May 22, 1967, the plaintiff discovered she had brought her action against the wrong party when the corporate defendant so advised the plaintiff-appellant in answers to admissions. … However, this is not the only element that the movant must establish.

Department of Insurance & Treasurer v. Administrators Corp.

603 So. 2d 1359 · District Court of Appeal of Florida · Aug 18, 1992

According to TAC and Zal-is, Rule 221-6.035, Florida Administrative Code, establishes a procedure to be followed by a hearing officer in administering The Act. … This response quite clearly does not contest any of the factual allegations made by TAC and Zalis in their fee petitions, nor does it raise any qualifying or contrary factual allegations.

Vitakis-Valchine v. Valchine

793 So. 2d 1094 · District Court of Appeal of Florida · Aug 22, 2001

During court-ordered mediation conducted pursuant to the statute, the mediator enjoys "judicial immunity in the same manner and to the same extent as a judge." § 44.107, Fla. Stat. … Nevertheless, at least some of the wife's claims clearly are sufficient to allege a violation of the applicable rules.

State v. Gillespie

227 So. 2d 550 · District Court of Appeal of Florida · Oct 31, 1969

By using the phrase "favorable evidence" rather than "exculpatory evidence", the Brady court must have meant to include more than that which clearly and unequivocally points to innocence or mitigation. … The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible."

Jones v. State

71 So. 3d 173 · District Court of Appeal of Florida · Sep 23, 2011

Subsection (3) of this statute clearly prohibits this court from considering an unpreserved error, unless it constitutes fundamental error. … State, 982 So.2d 649, 659 (Fla.2008) (resentencing is a “clean slate” and the State is required to establish facts even if previously established in prior sentencing hearing).

Lanier v. State

709 So. 2d 112 · District Court of Appeal of Florida · Mar 4, 1998

The State pointed out that Rodriguez did not enjoy any immunity for his testimony in this case. … The record in this case clearly demonstrates a deficient performance.

City of Miami v. Perez

12 Fla. L. Weekly 1384 · District Court of Appeal of Florida · Jun 2, 1987

The evidence in Skow established that a DOT representative was present at the job site on a continuous basis up to, and at the time of, the injury. … Article X relied on by Swartz clearly requires only that Ford's services comply with applicable codes."

Campana v. Trabold

District Court of Appeal of Florida · Dec 18, 2024

However, the trial court determined that paternity had been established, ordered that the children be returned, and then began to discuss timesharing. … Norman Harris Servs., Inc., 198 So. 3d 716, 718 (Fla. 2d DCA 2016) ("While counsel for the Hayes could have done a better job of informing the court that a separate homestead objection remained, counsel clearly did so in