Case law

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.

Razner v. Wellington Regional Medical Center, Inc.

837 So. 2d 437 · District Court of Appeal of Florida · Nov 20, 2002

Here, summary judgment was proper where Razner failed to establish she was handicapped under the FCRA. … Clearly, there is no violation of the Act by Wellington and its staff taking reasonable measures to insure that its employee, suspected of drinking on the job or while "on call," is not doing so.

Stebbins v. Stebbins

754 So. 2d 903 · District Court of Appeal of Florida · Apr 25, 2000

Although his unilateral decision to modify the agreed amount of payment and to pay less support without court approval clearly was not authorized or excused by the court, see Onley v. … Thus, the prevailing income "in the community," not income that could have been earned from a relocation, is to be used in establishing the amount of imputed income.

Bassett v. Bassett

464 So. 2d 1203 · District Court of Appeal of Florida · Feb 12, 1985

The court of appeal cases reveal the insufficiency of the agreement even more *1208 clearly. … Jaffee, supra, and cases collected at 394 So.2d 443 (testimony as to intent of husband incompetent "as an attempt to vary the terms of a written document through the insertion of qualifying language which does not appear

Nissan Motor Corp. v. Orozco

595 So. 2d 240 · District Court of Appeal of Florida · Mar 4, 1992

The depositions, he says, were routine discovery of various records in order to qualify them for admission at trial. He was never given the file or any part of it, nor did he ever see the file. … Thus, it is respondent's contention that this case clearly falls within paragraphs (b) and (c) of rule 4-1.10 and that the conclusive presumption contained in rule 4-1.09 does not pertain to those situations.

Retail Grocers Ass'n of Florida Self Insurers Fund v. Department of Labor & Employment Security, Division of Workers' Compensation

10 Fla. L. Weekly 1946 · District Court of Appeal of Florida · Aug 13, 1985

Section 440.57(1), provides in pertinent part: The division shall adopt rules permitting two or more employers to enter into agreements to pool their liabilities under this chapter for the purpose of qualifying as a group … interpretation of statutes that it is authorized to administer is as follows: Agencies are afforded wide discretion in the interpretation of a statute which it administers [sic] and will not be overturned on appeal unless clearly

L & N GROVE, INC. v. Chapman

291 So. 2d 217 · District Court of Appeal of Florida · Mar 6, 1974

The doctrine of constructive trust is well established in Florida law and the courts of this state will impose the same where "... through actual fraud, abuse of confidence reposed and accepted, or through other questionable … The alleged information that Curtis is charged with having withheld was speculative in nature and clearly available to the parties involved here.

Krispy Kreme Doughnut Company v. Cornett

312 So. 2d 771 · District Court of Appeal of Florida · May 9, 1975

These were factual questions which a `highly qualified' expert engineer in gas line distribution technology could properly testify about. … Appellant's parking area is clearly a "parking lot" and *775 not a "public parking deck."

Buck v. McNab

139 So. 2d 734 · District Court of Appeal of Florida · Mar 21, 1962

Absent such knowledge the plaintiff was a purchaser who, in our opinion, was clearly without blame for the delinquencies disclosed by the record. … The conclusion is that the essentials of the defense of laches were not established. 21 Fla.Jur., Limitation of Actions, § 94.

White v. Florida Birth Related Neurological

655 So. 2d 1292 · District Court of Appeal of Florida · Jun 9, 1995

“If the infant’s injury satisfies the statutory definition, then the infant qualifies for financial benefits irrespective of any fault on the part of the health care provider. … Section 766.305(1), Florida Statutes, establishes the minimum information which must be included in such a petition.

LOUIS SPAGNUOLO, JAY LEWIS FARROW, AND FARROW LAW, P.A., vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, ROY CASWELL, AND J. DAVID NAUGHTON, IV

District Court of Appeal of Florida · Feb 28, 2023

The first is an absolute immunity as to acts occurring or comments made during the course of a judicial proceeding as long as it has some relationship to the proceeding. See Arko Plumbing Corp. v. … There is also a qualified privilege that offers protection to a litigation participant for a comment or action that occurs during informal litigation-related circumstances, such as during investigative

State v. Maier

378 So. 2d 1288 · District Court of Appeal of Florida · Dec 28, 1979

Rather, the more apt question in such a case is `whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by … Defore (1926) 242 N.Y. 13, 21 , 150 N.E. 585, 587 ) but would allow the criminal immunity because another constable in another jurisdiction in another case had blundered. Accord: People v. Pettis, 12 Ill.

Largie v. Gregorian

913 So. 2d 635 · District Court of Appeal of Florida · Jul 13, 2005

As the Florida Supreme Court has repeatedly stated, the presuit procedures delineated in Chapter 766 are "intended to address a legitimate legislative policy decision relating to medical malpractice and establish[ ] a process … Because the record clearly shows that the Largies failed to conduct a reasonable investigation as to "each and every potential defendant," specifically, Nurse Wang, the legislative purpose of Chapter 766 was frustrated, mandating

In Re Will of Jones

289 So. 2d 42 · District Court of Appeal of Florida · Dec 31, 1973

This trust was qualified under Chapter 737 and the trustee has power of sale under Paragraph 7, Item 4, and under F.S. … Study of the entire will reveals clearly that Susie P. Jones desired to give each of her children something outright and to leave the balance of her property in trust for their benefit.

Jackson v. State

881 So. 2d 711 · District Court of Appeal of Florida · Sep 9, 2004

"The scope of voir dire questioning rests in the sound discretion of the court and will not be interfered with unless that discretion is *714 clearly abused." Vining v. … We conclude that bifurcation was within the court's discretion and follows established procedure for a trial of this type.

Mariano v. State

933 So. 2d 111 · District Court of Appeal of Florida · May 31, 2006

"`[I]f the supposed statement, exclamation, or spontaneous utterance takes the form of a narrative of a past event, it is very well established that it may not be considered as part of the transaction or res gestae.'" … It could have also found that these clearly were narrative statements. We therefore do not address them as the issue was not preserved.

Nationwide Mutual Fire Insurance Co. v. Darragh

95 So. 3d 897 · District Court of Appeal of Florida · Jun 8, 2012

We agree that some of the factual tables copied from the website would qualify for judicial notice under section 90.202(12). … Clearly, a trial court is authorized to take judicial notice of a federal statute. See § 90.201(1), Fla. Stat. (2009).

Turner v. HILLSBOROUGH AVIATION AUTH.

739 So. 2d 175 · District Court of Appeal of Florida · Sep 3, 1999

Authority and reduced the assessment to approximately one million dollars based on its decision that, pursuant to section 196.012(6), the portion of the property on which the baseball diamonds and public seating were located qualified … The portion of the property which contains the baseball diamonds and permanent seating and for which access is open to the general public clearly meets the criteria for the "sports facility with permanent seating" exemption

JAY LEWIS FARROW AND FARROW LAW, P.A. vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, JOSHUA D. CLARK, LAW OFFICES OF JOSHUA D. CLARK, P.A., LOUIS SPAGNUOLO, ROY CASWELL, J. DAVID NAUGHTON, WOODROW W. POWER, ET AL.

District Court of Appeal of Florida · Feb 28, 2023

The first is an absolute immunity as to acts occurring or comments made during the course of a judicial proceeding as long as it has some relationship to the proceeding. See Arko Plumbing Corp. v. … There is also a qualified privilege that offers protection to a litigation participant for a comment or action that occurs during informal litigation-related circumstances, such as during investigative

State v. Morgan

171 So. 3d 210 · District Court of Appeal of Florida · Aug 5, 2015

"While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved for those situations where 'there has been a violation of a clearly established principle