Case law

Graf v. State, Department of Revenue

292 So. 2d 599 · District Court of Appeal of Florida · Apr 9, 1974

This ratio shall be applied each month to the total purchases by the carriers of vehicles and parts thereof which are used in Florida to establish that portion of the total used and consumed in intrastate movement and subject … The coop was, therefore, clearly not a common carrier. In the Florida Growers Coop.

Baker v. State

760 So. 2d 1085 · District Court of Appeal of Florida · Jun 23, 2000

Thus the corpus delicti of both crimes was well-established, independent of Baker's extra-judicial statements. … Clearly there was sufficient evidence from which a jury could have concluded force and violence were used by Baker and Cokley to accomplish the robbery. See Pangburn v. State, 661 So.2d 1182 (Fla. 1995); Bass v.

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

School Bd. of Pinellas Cty. v. Rateau

449 So. 2d 839 · District Court of Appeal of Florida · Mar 8, 1984

Nevertheless, the hearing officer concluded: I find the reasons for disqualifying Petitioner from the position for which he was otherwise qualified to be pretextual and devised for the primary, if not sole, purpose of keeping … Essentially, the hearing officer reasoned that Rateau established a prima facie case of unlawful discrimination by his showing that he had a physical handicap (a bad back), that he otherwise met the qualifications for the

Wade v. Wade

124 So. 3d 369 · District Court of Appeal of Florida · Oct 23, 2013

At the conclusion of the hearing, the Mother’s counsel moved for a “directed finding,” arguing that the Father failed to establish that the Mother’s timesharing should be suspended. … Thus, the trial court clearly did not think there was “good cause” to believe that the Mother’s mental status jeopardized the children’s well-being.

STATE OF FLORIDA v. ANGEL ALEJANDRO LOBATO

District Court of Appeal of Florida · May 31, 2024

Accordingly, based upon clearly established law, we quash the trial court’s order. PETITION FOR CERTIORARI GRANTED; ORDER QUASHED. STARGEL, J., concurs. … [T]his case may . . . pose questions we have not previously answered . . . or for which there was no clearly established law binding on the trial court . . . .

Silver v. Schroeder

10 Fla. L. Weekly 1937 · District Court of Appeal of Florida · Aug 13, 1985

She argues that Scheske clearly intended that the provisions of paragraph seven be construed so that Scheske could dispose of his estate according to his own wishes unless a named beneficiary survived a common disaster for … It is well established that “if two constructions are each fairly possible, one of which indicates an ... unjust intention and the other indicates a reasonable and fair intention, the courts will give preference to that construction

Stazenski v. Tennant Co.

617 So. 2d 344 · District Court of Appeal of Florida · Apr 13, 1993

The trial court also considered the affidavit and resume of a professor in mechanical engineering which indicated that the professor would qualify as an expert in product safety. … Here, the affidavit of the professor clearly created an issue of material fact concerning whether the industrial sweeper manufactured and designed by the appellee was defective.

Crane Co. v. DeLisle

206 So. 3d 94 · District Court of Appeal of Florida · Nov 9, 2016

Similarly, in this case, while the hourly rate of the experts was in evidence, it was not for the purpose of establishing DeLisle’s damages, and it was a “wholly arbitrary number” to use to establish damages, focused on what … Moreover, if the Frye standard applied, most of the expert testimony clearly would be inadmissible as the experts failed to show that the methodology was generally accepted in the scientific community. .

Wax v. Tenet Health System Hospitals, Inc.

955 So. 2d 1 · District Court of Appeal of Florida · Mar 7, 2007

The rules must also ensure that "[l]icensed facilities are established, organized, and operated consistent with established standards and rules." § 395.1055(1)(d), Fla. Stat. (2005). … In other words, plaintiff argues, the hospital had a clearly established legal duty to furnish non-negligent anesthesia services.

Sunbeam Television Corp. v. Mitzel

83 So. 3d 865 · District Court of Appeal of Florida · Jan 18, 2012

Hodges, 849 So.2d 1094, 1095 (Fla. 3d DCA 2003) (finding it was proper to exclude officer's estimate of speed even though the expert had been qualified as an expert because he had testified in his deposition that “he took … unless the party offering the testimony establishes the underlying facts or data.”).

Kinne v. Kinne

599 So. 2d 191 · District Court of Appeal of Florida · May 1, 1992

Although the wife had not worked during the marriage, after the dissolution she had earned $5.00 per hour while working 20 hours per week at different times for periods not clearly shown by the record. … , the Wife is entitled by reason of the equities of the case to the equivalent of at least a 50 per cent [sic] share of said pension benefits" and that "the husband shall be ordered to now pay from the pension fund by a Qualified

State v. Cohen

696 So. 2d 435 · District Court of Appeal of Florida · Jul 2, 1997

The state contends that it will be able to establish that at least some of the computer images were scanned into the computer from magazine photographs. [5] We find no ambiguity in the language of subsection 827.071(5). … Clearly, this is not the usual or preferred way of viewing movies. [9] Likewise, State v.

VENTURA GOMEZ v. State

District Court of Appeal of Florida · Jan 20, 2021

ANALYSIS As due process was clearly afforded below, we focus our review on whether, in upholding section 836.12, Florida Statutes, the circuit court departed from clearly established constitutional law. … Thus, we find no “violation of a clearly established principle of law resulting in a miscarriage of justice” in the decisions by the circuit court.

Izquierdo v. State

177 So. 3d 1018 · District Court of Appeal of Florida · Oct 28, 2015

In Barrios, the sole fact that the defendant made a false statement about his income to qualify for a mortgage was 8 insufficient to prove that the defendant committed … establishes that Izquierdo took money she was not entitled to because there was no seller contribution of $85,282.29 as stated in the HUD form.

In Re Guardianship of Browning

543 So. 2d 258 · District Court of Appeal of Florida · Apr 10, 1989

The wording of the living will was clearly provided by a person other than Mrs. Browning. … The guardian asks us to clarify the conditions under which the guardian or persons acting pursuant to her decision would be immune from civil or criminal liability.

Warner v. Walker

12 Fla. L. Weekly 146 · District Court of Appeal of Florida · Dec 30, 1986

In order to clearly understand our reasoning, it will be beneficial to set forth the specific findings of the custody modification order in its entirety: The present husband of the former wife, Michael Warner, has had numerous … We again agree that the statement was initially inadmissible as a hearsay statement and that it did not qualify as a spontaneous utterance, but that it may have been admissible for the limited purpose of showing the child

Gray v. Russell Corp.

681 So. 2d 310 · District Court of Appeal of Florida · Oct 15, 1996

Pierce, 625 So.2d 45, 50 (Fla. 1st DCA 1993), rev. denied, 637 So.2d 236 (Fla.1994) (determination that a witness is qualified as an expert in a particular field does not necessarily mean that the specific expert opinion … The evidence before the hearing officer clearly failed to satisfy this requirement.

HILLSBOROUGH CTY. SCHOOL BD. v. Hilburn

472 So. 2d 1309 · District Court of Appeal of Florida · Jul 16, 1985

No maximum medical improvement date was established. … The employer and carrier admitted that a compensable injury had occurred, but argued there was no damage to claimant's central nervous system that would qualify as a catastrophic loss.

Scarborough v. State

838 So. 2d 708 · District Court of Appeal of Florida · Mar 7, 2003

The issue on appeal then, since defendant was denied an evidentiary hearing, is whether the record establishes that the alleged incorrect advice was not given or that such advice was not relied upon by defendant. … It is also true that after his conviction, defendant was advised that the State was seeking habitualization and it is also true that defendant could not show that he did not qualify as a habitual offender.