Case law

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.

Roy S. Whited v. Florida Commission on Offender Review

153 So. 3d 324 · District Court of Appeal of Florida · Dec 1, 2014

However, “[f]iling fees waived from payment under s. 57.081 may not be included in the calculation related to a payment plan established under this section.” Id. … McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006), this court explained that sections 57.081 and 28.246 “concern . . . a ‘payment plan’” which “is to be distinguished from a lien, which is a qualified right or proprietary

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.'

Total Quality Logistics, LLC v. Trade Link Capital, Inc., and Taste Trackers, Inc.

District Court of Appeal of Florida · Sep 4, 2024

Refusal to allow an amendment is an abuse of the trial court's discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would … Mar. 16, 2021) (“Indeed, ‘if a party accepted responsibility for ensuring delivery of the goods, regardless of who actually transported them, then the party qualifies as a carrier.’” (quoting CGU Int’l Ins., PLC v.

Deprince v. Starboard Cruise Services

271 So. 3d 11 · District Court of Appeal of Florida · Aug 1, 2018

Id. 14  In DePrince I, we acknowledged the various tests for unilateral mistake, but stated unequivocally that “[t]his Court’s most recent decisions on this topic clearly … “In order to establish that the mistake is one for which equitable relief may be granted, it must be established that it is one of such consequence that enforcement would be unconscionable; it must relate to

Chiles v. Dept. of State, Div. of Elections

711 So. 2d 151 · District Court of Appeal of Florida · May 12, 1998

An appellate court may not reverse a declaratory statement by an administrative agency unless the agency's interpretation of the law is clearly erroneous. See Regal Kitchens; Grady v. … We held that the provisions of the law creating the trust fund were severable from the provisions establishing entitlement to public financial support.

Progressive Exp. v. McGRATH CHIROPRACTIC

913 So. 2d 1281 · District Court of Appeal of Florida · Nov 18, 2005

This rule does not permit a party to establish the right to maintain an action retroactively by acquiring standing to file a lawsuit after the fact. … At the other end of the spectrum, we found no violation of a clearly established principle of law resulting in a miscarriage of justice in a circuit court's per curiam affirmance of a county court judgment. Stilson v.

Lloyds Underwriters at London v. Keystone Equipment Finance Corp.

25 So. 3d 89 · District Court of Appeal of Florida · Dec 23, 2009

In the instant case, payment for the loss of the tractor-trailer due to theft was clearly within the bounds of the policy and application of the doctrine of estoppel would not serve to create or extend coverage. … The undisputed evidence at the summary judgment hearing established that the insurer failed to make the garaging warranty known to its insured.

JRD Management Corp. v. Dulin

883 So. 2d 314 · District Court of Appeal of Florida · Aug 25, 2004

This kind of provision, we dare say, not only makes at-will employment fairer to employees but also makes it easier for employers to attract qualified, talented employees under the at-will doctrine. … We think this is clearly a sufficient pleading for breach of the severance pay provision. See Fla. R. Civ.

Crew v. State

146 So. 3d 101 · District Court of Appeal of Florida · Aug 29, 2014

The law says those things below the red line do not count, will not qualify.... Anything below that line diminishes this boy’s life. It spits in his family’s face. … “To establish entitlement to a special jury instruction, the defendant must prove the following three factors: (1) the special instruction correctly states the law and is not confusing or misleading, (2) the standard instruction

EDMUND ACCARDI v. REGIONS BANK

District Court of Appeal of Florida · Dec 9, 2020

Next, the court addressed the claim, similar to the one in this case, that the post-judgment discovery qualified as a “civil action or proceeding” under section 95.011, enacted in 1974. Salinas, 234 So. 3d at 572–73. … That statute clearly establishes a limitation period within an existing foreclosure action—one year from “the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu

Hampton v. State

680 So. 2d 581 · District Court of Appeal of Florida · Oct 16, 1996

Nor does it appear that Hampton's appeal qualifies as one of the narrow exceptions to Rule 9.140(b)(1) outlined in Robinson v. State, 373 So.2d 898, 902 (Fla.1979). … The State argued that Hampton's voice could be heard clearly in the background screaming about the cocaine rock taken by Williams.

Bingemann v. Bingemann

551 So. 2d 1228 · District Court of Appeal of Florida · Sep 13, 1989

Based upon that figure, the trial court established $300.00 per month as the father's child support obligation, with such child support modification retrospective to September 1986. … The district court reversed, finding that the provisions of the agreement clearly required the father to pay for the daughter's education at a standard four-year institution.

State v. Gerry

855 So. 2d 157 · District Court of Appeal of Florida · Aug 22, 2003

We next determine whether the trial court's ruling violates clearly established legal principles resulting in material injustice. … violated clearly established legal principles.

State v. Reardon

763 So. 2d 418 · District Court of Appeal of Florida · Jun 1, 2000

Thus, the Legislature clearly intended to separately punish burglary as enhanced and battery as enhanced. See §§ 810.02(1), (2)(a), 784.045(1)(a), Fla. Stat. *420 (1997). That does not end our inquiry, however. … In my view, the same is true of aggravated battery, or any other form of battery established by the facts. In the instant case only one form of battery was established by the facts: aggravated battery.

Owca v. Zemzicki

137 So. 2d 876 · District Court of Appeal of Florida · Feb 7, 1962

This is qualified by the provision in the statute that if objection is not made to the court prior to the taking of the deposition, it may be used in evidence if it is otherwise admissible. … From a study of the criticized instruction, together with all the other instructions, we find no prejudicial error to have been established.

A1A Mobile Home Park, Inc. v. Brevard County

246 So. 2d 126 · District Court of Appeal of Florida · Mar 26, 1971

246 So.2d 126 (1971) A1A MOBILE HOME PARK, INC., a Missouri Corporation Qualified to Do Business in Florida, Appellant, v. BREVARD COUNTY, a Political Subdivision of the State of Florida, Appellee. No. 70-648. … "Judgment on the pleadings may be granted only if, on the facts admitted, the moving party is clearly entitled to judgment.

Liggett Group, Inc. v. Engle

853 So. 2d 434 · District Court of Appeal of Florida · May 21, 2003

The FSA and MSA clearly qualify as evidence relevant to punishment and deterrence. … Londono, 707 So.2d 796 , 799 n. 2 (Fla. 1st DCA 1998) (corporate officer with knowledge of relevant values is qualified to testify); Mercury Marine Div. of Brunswick Corp. v.

Special Disability Trust Fund v. Martin Marietta Corp.

12 Fla. L. Weekly 2130 · District Court of Appeal of Florida · Sep 3, 1987

The court held that the Commission’s interpretation was far too narrow, and instead applied the following test for determining whether the worker’s condition qualified as a permanent physical condition for purposes of allowing … The preexisting condition was one that clearly had a potential for exaggerating the extent of the subsequent compensable injury.

Canney v. State

298 So. 2d 495 · District Court of Appeal of Florida · Sep 7, 1973

Jones was a case very much like this one and it does support the position of the majority, but in my view it is clearly and directly contrary to Gooding v. … discovery and implementation of such an ordinance should result in an indignant response which culminates in the arrestee's pushing an officer, and that he thereby becomes a felon although a moment before impact he was immune