Case law

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.

Whitsett v. State

913 So. 2d 1208 · District Court of Appeal of Florida · Oct 19, 2005

Chapter 99-222 establishes the procedure for the civil commitment of sexually violent predators for their long-term care and treatment. … Prior to a full trial, the court may determine that probable cause has been established to permit pretrial commitment of the individual.

Stellas v. Alamo Rent-A-Car, Inc.

673 So. 2d 940 · District Court of Appeal of Florida · May 22, 1996

This case clearly does not involve one of those "limited situations." … Such a result is clearly contrary to public policy. Veazey v. Elmwood Plantation Assocs., Ltd., 650 So.2d 712, 719 (La.1994).

Dampier v. Department of Banking & Finance, Division of Finance

593 So. 2d 1101 · District Court of Appeal of Florida · Jan 31, 1992

(However, this date is clearly incorrect, as the correspondence in evidence establishes that the Division received the documents between January 21 and 26, 1988.) … We discern nothing about any aspect of the hearing officer’s construction of the relevant portions of Chapter 494 (which construction the Department expressly adopted) which remotely qualifies as “clearly erroneous.”

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

STATE DEPT. OF HEALTH AND REHABILITATIVE SERV. v. Framat Realty, Inc.

407 So. 2d 238 · District Court of Appeal of Florida · Nov 18, 1981

The record clearly demonstrates that the economic impact statement lacks the detail and thoughtful preparation contemplated by section 120.54(2). … To the contrary, the record in this proceeding clearly establishes that the cost of developing a subdivision will increase as a result of the application of the challenged rule.

Federated Dept. Stores, Inc. v. Pasco

275 So. 2d 46 · District Court of Appeal of Florida · Mar 20, 1973

In determining whether a class action may proceed, the trial court must not only confirm that the parties named actually represent the class, but must clearly demonstrate that the class encompasses the necessary community … Once the trial court establishes that the necessary community of interest exists, the interest fuses all members of the class together, and assuming further that the question to be litigated is a valid subject under Rule

Gerardi v. Carlisle

232 So. 2d 36 · District Court of Appeal of Florida · Dec 30, 1969

all other joint tort-feasors from liability and immunize them against subsequent claims by plaintiff arising out the same cause of action. … Palm Beach Chemical Co. [15] the Supreme Court said: "* * * A study of the origin and application of the doctrine of vicarious liability on the part of an automobile owner shows clearly that whatever may be the limitations

Jamason v. Palm Beach Newspapers, Inc.

450 So. 2d 1130 · District Court of Appeal of Florida · Apr 4, 1984

The record established that in the course of discovery in certain criminal cases that arose out of an investigation of organized crime, a defendant's lawyer deposed Agent James Nazzaro of the Palm Beach County Sheriff's Department's … Appellees' privilege was qualified; that is, it was incumbent upon them to report what appeared in the deposition in an accurate, fair and impartial manner. See Walsh v.

Neapolitan Enterprises, LLC v. The City of Naples

185 So. 3d 585 · District Court of Appeal of Florida · Jan 29, 2016

-6-  Even if we considered the DRB resolution, it does not establish that the DRB determined parking credits. … Although the certiorari order denied rather than dismissed the first-tier petition, the order clearly determined that the circuit court was without jurisdiction to decide the petition.

Marsh v. Marsh

399 So. 2d 433 · District Court of Appeal of Florida · Jun 3, 1981

"Now the burden is on the grantee to establish, by `contradictory' evidence, that a gift was intended. In sum, the grantee must overcome the presumption of the special equity." Wright v. … the first level of resolution merely by introducing the deed in evidence as proof of a gift loses at this level of dispute because of the inability to refute the donor's testimony as to a subjective intent to make only a qualified

Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association

188 So. 3d 76 · District Court of Appeal of Florida · Mar 30, 2016

The plain language of paragraph (c) clearly limits the extent of a qualifying first mortgagee’s liability to the lesser of the two specific options that follow—either “unpaid common expenses and regular periodic or special … The priority of payment schedule established by section 720.3085(3)(b) cannot create entitlement to any payments other than those expressly established by section 720.3085(2)(c).

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

788 So. 2d 262 · District Court of Appeal of Florida · Sep 20, 2000

By promulgating rule 1.442, the court has established certainty in a fairly uncertain and ever changing area of the law. … Clearly that is not so.

Klinker v. Department of Highway Safety & Motor Vehicles

118 So. 3d 835 · District Court of Appeal of Florida · May 31, 2013

Stat. (2010). 1 Historically, the DHSMV will rely heavily upon this documentation in attempting to establish that a driver’s license suspension should be sustained. … In our view, when read in its totality, this language in subsection (2) clearly refers to documentation, such as the breath alcohol test affidavit, which is designed to provide the “results” of a driver’s breath alcohol level

Ingram v. State

164 So. 3d 676 · District Court of Appeal of Florida · Feb 21, 2014

It argues that the sole purpose for section 119,071(2)(j)2.b. is to establish criminal penalties for a violation of section 119.071(2)(j)2.a. … Although this construction is plausible, we do not view it as the most obvious construction and, clearly, it is not the only construction.

Miami-Dade County v. Reyes

772 So. 2d 24 · District Court of Appeal of Florida · Aug 23, 2000

However, De Groot clearly warns against circuit courts re-weighing evidence. See id. It is a departure from the essential requirements of law for a circuit court to re-weigh evidence. … City of Ocala, 684 So.2d 836, 841 (Fla. 1st DCA 1996) ("To qualify under due process standards, the opportunity to be heard must be meaningful, full and fair, and not merely colorable or illusive (sic).").

City of New Smyrna Beach v. County of Volusia

13 Fla. L. Weekly 309 · District Court of Appeal of Florida · Jan 28, 1988

However, the control to be exercised by the county, i.e., access fees, regulation of traffic, rules pertaining to individual conduct, operation and parking of vehicles on the beach, etc., clearly relates to regulation of … To the extent sovereign immunity has been waived, the County shall assume any governmental liability arising after the Code takes effect for claims in areas controlled by the County under this article, including claims alleging

DHBH ATLANTIC L.L.C. and 60 1/2, LLC v. CITY OF DELRAY BEACH, FLORIDA

District Court of Appeal of Florida · Feb 16, 2022

“[S]tatutory waivers of sovereign immunity, such as the waiver in the [Harris] Act, must be strictly construed, with any ambiguity concerning the scope of the Act resolved in favor of the government and against the claimant … Dep’t of Health, 898 So. 2d 61, 64 (Fla. 2005) (a “statute’s plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent”).

Foxbilt Elec. v. Stanton

583 So. 2d 720 · District Court of Appeal of Florida · Jul 3, 1991

Thus, his opinion was based upon his view of evidence which was in conflict with the evidence found by the others to establish that claimant did experience this rash. Next, Dr. … However, the E/C overlook the qualifying language in Harris . This rule applies only when the disease is not the result of an external occurrence or accident. Compare Gordon v.

Lorraine v. Grover, Ciment, Weinstein & Stauber, PA

10 Fla. L. Weekly 327 · District Court of Appeal of Florida · Feb 5, 1985

In other words, the majority declares the attorney to be immune from liability so long as, robot-like, he puts down on paper what the testator tells him to put down. … `clearly evident.'" Id. at 774, 466 N.E.2d at 226 .