Case law

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.

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

Florida Hosp. Waterman, Inc. v. Buster

932 So. 2d 344 · District Court of Appeal of Florida · Mar 10, 2006

The Hospital contends that preservation of the legislatively-established privileges that enhance self-policing by health care providers for the betterment of the patients they serve is a firmly-established policy that is … It is apparent to us that these factors clearly indicate that the people intended Amendment 7 to be self-executing.

State v. Riley

10 Fla. L. Weekly 2382 · District Court of Appeal of Florida · Oct 16, 1985

Clearly, the greenhouse is within the curtilage and is therefore a constitutionally protected area. … However, the supreme court *1356 specifically held that the officer's initial observation of the marijuana from the orange grove qualified as a legally permissible preintrusion open view rather than a search.

Spankie v. DEPT. OF HEALTH & REHAB. SERV.

12 Fla. L. Weekly 854 · District Court of Appeal of Florida · Mar 26, 1987

In In the Interest of J.L.P., 416 So.2d 1250 (Fla. 4th DCA 1982), the court held that neglect or abuse may be established prospectively; that is, parental rights may be terminated based on clear and convincing evidence that … Paragraph 6 clearly alleges that the mother's prior care of the child demonstrated that the child had been abused and neglected by the mother.

JOHN J. CONNOLLY, JR. v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Apr 12, 2023

And any such claim is clearly refuted by a holistic review of the evidence. … He testified he was aware of the details of the Wheeler investigation, and he conceded he received immunity in exchange for 17 cooperation.

Scott v. State

207 So. 2d 493 · District Court of Appeal of Florida · Feb 28, 1968

Beto, actually involved the "purposeful inclusion of Negroes in the grand jury returning the indictment", and is clearly inapplicable. … The instruction given by the Court was obviously compatible with the evidence in the case which conclusively established that a weapon was used because the decedent was shot by five bullets.

Geissler v. State

90 So. 3d 941 · District Court of Appeal of Florida · Jun 22, 2012

This Court has clearly stated that it is constitutional error to penalize an individual for exercising the Fifth Amendment privilege; therefore, the prosecution may not introduce during trial the fact that an individual has … Moreover, the defense established that M.D. had a motive to fabricate her allegations.

Irons v. State

791 So. 2d 1221 · District Court of Appeal of Florida · Aug 17, 2001

Thus the jury clearly focused on the charged offense and not on the collateral offense. See Zack v. … Thus, under the guidelines, Irons could have been sentenced to 16.7 years. [4] However, Irons was also qualified and sentenced as a prison releasee reoffender.

Thomas v. Thomas

724 So. 2d 1246 · District Court of Appeal of Florida · Jan 27, 1999

Its exercise should be based on the established guides for application of the doctrine, vis-a-vis the facts disclosed.' Southern Railway Company v. … When a trial judge's decision is irrational and inconsistent with established legal principles, then an abuse of discretion is more likely to be found.

MAGGY HURCHALLA v. LAKE POINT PHASE I, LLC and LAKE POINT PHASE II, LLC

District Court of Appeal of Florida · Jun 19, 2019

Both privileges are qualified, meaning they are not absolute. Id. at 806 (discussing New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L. … According to the evidence, several of the factors clearly weigh in favor of Hurchalla.

Dade County v. Oolite Rock Company

311 So. 2d 699 · District Court of Appeal of Florida · Apr 1, 1975

The trial judge in this case was vested with broad discretion to award a reasonable attorneys' fee after considering the testimony of competent, qualified, and disinterested attorneys testifying as experts upon the matter … Through a lawyer, the defendants sought to establish the right to additional compensation for severance damages to their adjoining lands.

G.W.B. v. J.S.W.

647 So. 2d 918 · District Court of Appeal of Florida · Nov 30, 1994

More importantly, there was almost no testimony to establish that the natural father exhibited any type of feeling for the unborn child. … The factual scenario emerges clearly and distinctly. The essential facts in this case were proven clearly and convincingly under any standard.

Wendel v. Wendel

852 So. 2d 277 · District Court of Appeal of Florida · Jun 27, 2003

The Former Wife presented absolutely no evidence to establish that the situation was other than as testified to by the Former Husband. … Clearly, it was error to use this outdated figure.

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”).

Gregg v. Gray

176 So. 2d 520 · District Court of Appeal of Florida · May 28, 1965

The deleted exception clause did not establish the nonsuit practice and its deletion did not abolish it. Nonsuits and Rule 1.35. … A voluntary nonsuit judgment of dismissal after answer clearly falls within Rule 1.35(a)(2) which is: “(2) By Order of Court; If Counterclaim.

Franklin Life Ins. Co. v. Davy

753 So. 2d 581 · District Court of Appeal of Florida · Dec 22, 1999

Franklin Life also advised that it would be to the policyholder's advantage to work with the Franklin Life agent, Murray, already established in the area. … Jury Instruction Regarding Qualified Privilege Appellees also argue that the trial court erred in instructing the jury that, as a matter of law, Murray and Franklin Life possessed a qualified privilege to publish their letters

Sullivan v. DEP

890 So. 2d 417 · District Court of Appeal of Florida · Dec 29, 2004

. § 280.93 (a)(1) & (b)(1) (1998) — the policy provided insurance "excess over any restoration (corrective action) funding for storage tanks whose owners qualify for and are eligible for reimbursement from the Florida Inland … "If the agency's interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed," Fla. Dep't of Educ. v.

Imparato v. Spicola

238 So. 2d 503 · District Court of Appeal of Florida · Aug 19, 1970

Even as the grand jury is immune from the requirement of showing materiality in compelling production of testimony and documentary evidence it desires, so is the State Attorney in his official sphere. (4) The Broad Scope … Let the power once be established, and there is no knowing where the practice under it would end.'

BAXTER'S ASPHALT v. Dept. of Transp.

475 So. 2d 1284 · District Court of Appeal of Florida · Sep 17, 1985

Although this decision has evidentiary value, it does not establish a presumption that DOT acted correctly in making that award. … We do not think that Couch opens the door for or requires consideration of subsequent occurrences that give certain contractors a competitive edge over other qualified bidders.