Case law

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

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

GTECH v. State Dept. of Lottery

737 So. 2d 615 · District Court of Appeal of Florida · Jul 22, 1999

When the evaluations were completed, the committee announced that Automated Wagering was the more qualified respondent. … The burden is on the party protesting the award of the bid to establish a ground for invalidating the award.

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.

Tmh v. Dmt

79 So. 3d 787 · District Court of Appeal of Florida · Dec 23, 2011

Moreover, chapters 63 and 382 do not establish parentage or parental rights. … Id. at 541 , 62 S.Ct. 1110 ("Sterilization of those who have thrice committed grand larceny with immunity for those who are embezzlers is a clear, pointed, unmistakable discrimination.").

Valenzuela v. Globeground North America, LLC

18 So. 3d 17 · District Court of Appeal of Florida · Aug 19, 2009

In order to establish a prima facie case of disparate treatment based on gender discrimination, a plaintiff must prove that: (1) the employee is a member of a protected class; (2) the employee was qualified for her position … Servs., Inc., 161 F.3d 1318 , 1331 (11th Cir.1998). “ ‘[T]he defendant must clearly set forth, through the introduction of admissible evidence,’ reasons for its actions which, if believed by the trier of fact, would support

Childers v. State

931 So. 2d 86 · District Court of Appeal of Florida · Feb 2, 2006

And not only could you be charged with perjury, but the immunity provisions go away; right? A. I would think so. (Emphasis added). … Such opinion testimony regarding a witness’ reputation for truthfulness is clearly inadmissible. See Antone v.

Supinski v. OMNI HEALTHCARE, PA

853 So. 2d 526 · District Court of Appeal of Florida · Aug 29, 2003

Omni established to the satisfaction of the trial judge that Dr. … These documents were clearly not before the trial court when it made its determinations and rendered the orders being reviewed.

Florida Power Corporation v. Smith

202 So. 2d 872 · District Court of Appeal of Florida · Sep 27, 1967

No motion to strike either of the aforesaid answers was made and, as stated, it is clearly apparent the witness was referring to Commission Rule 4.03. … Facts established by the testimony of a witness, whether a party or otherwise, and not refuted, constitute a part of the facts of the case, the same as any other fact in evidence. Gordon v.

Fla. E. Coast Railway Co. v. Beaver St Fisheries, Inc.

537 So. 2d 1065 · District Court of Appeal of Florida · Jan 18, 1989

clearly against the weight of the evidence, or (3) the trial court misapplied the law to the established facts. … In other words, in the absence of conflicting expert testimony, "when an issue must be resolved *1070 on the basis of technical evidence on which only experts are qualified to speak, and such evidence is not in dispute, the

Estes v. Palm Beach County School District, Davies Claims North America, Inc.

District Court of Appeal of Florida · Mar 23, 2026

Estes stipulated below that the PFB raised an “issue of compensability,” without limiting or qualifying language. … Clearly, the Legislature intended that the term “compensability,” if not expressly qualified in context, be multi-faceted.

FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY vs JOHN WORRELL AND JOYCE WORRELL

District Court of Appeal of Florida · Apr 28, 2023

Hobbs, 974 So. 2d 1119, 1121 (Fla. 5th DCA 2008) (“Ejusdem generis should only come into play when it is necessary to construe an ambiguous statute, not to create an ambiguity in a clearly worded statute.”); see also Pottsburg … United States, 261 U.S. 514, 520 (1923) (“‘Noscitur a sociis’ is a well- established and useful rule of construction, where words are of obscure or doubtful meaning, and then, but only then, its aid may be sought to remove

ESTATE OF REONTRE'YH ALONZAE POUNDS v. MILLER & JACOBS

District Court of Appeal of Florida · Jan 5, 2022

However, Greenland’s counsel acknowledged that a guardianship had not yet been established for the property of the minor child. … If more than one applies, the court may select the one best qualified.

Daniels v. State

634 So. 2d 187 · District Court of Appeal of Florida · Mar 15, 1994

Moreover, Daniels did not establish the necessity for severance. … Unless clearly erroneous, the trial court's determination will be sustained. Id.

Sonny Eric Pierce v. State of Florida

221 So. 3d 1218 · District Court of Appeal of Florida · Jun 6, 2017

Finally, we note, for *1223 the trial court’s benefit, that the offense of shooting into an occupied vehicle is a non-qualifying offense under-section 775.087(2), and thus, had the convictions been affirmed in this cause, … State, 548 So.2d 198 , 204 n.5 (Fla. 1989) ("[T]he clearly erroneous standard does not apply with full force in those instances in which the determination turns in whole or in part, not upon live testimony, but on the meaning

Woodard v. Pa. Nat. Mut. Ins. Co.

534 So. 2d 716 · District Court of Appeal of Florida · Dec 16, 1988

Woodard has obtained judgment against both Fairfield and Yergy, so he has clearly satisfied the second requirement. … Apart from the fact that in neither case did the vehicle involved qualify as an "uninsured motor vehicle," in each of those cases liability insurance on that vehicle had been paid and the plaintiff was trying to effectively

Adams v. GD Searle & Co., Inc.

576 So. 2d 728 · District Court of Appeal of Florida · Jan 18, 1991

When a product is " apparently useful and desirable," considering its benefits and risks, then it ought to be immune from strict liability. … the FDA classified this device as a prescription drug. [2] One Florida federal district court, in reversing a summary judgment for Searle, has said: "Far from a model of clarity, the Cu-7 warning is the very example of a qualified

Williams v. State

714 So. 2d 462 · District Court of Appeal of Florida · Dec 31, 1997

Their guilty verdict clearly illustrates their determination that Ms. … That case, however, did not involve a statement which fell within a hearsay exception. [5] We do not suggest that only hearsay evidence which qualifies as a firmly rooted exception is sufficient to sustain a criminal conviction

NAPLETON'S NORTH PALM AUTO PARK, INC. v. ABIGAIL AGOSTO

District Court of Appeal of Florida · Jun 21, 2023

The trial court granted Agosto’s motion to amend, stating “what we have here is this consistent conduct after [Employee] was hired, that clearly should have indicated to [the Dealership] that [it] had a problem with this … Farish, 464 So. 2d 530 (Fla. 1985)) (holding that one of several bank vice presidents, who was not on the board of directors or the loan committee, did not qualify as a managing agent); Pier 66 Co. v.

Brown v. State

426 So. 2d 76 · District Court of Appeal of Florida · Feb 8, 1983

If it had been employed, the test results clearly would have been inadmissible. … The reliability of the scientific method in question can be established in a number of ways.