Case law

Martin v. State

208 So. 2d 630 · District Court of Appeal of Florida · Mar 27, 1968

The state attorney read to him F.S. section 932.29, F.S.A.1965, the effect of which was to assure the witness immunity against prosecution on account of his testimony. … It follows that appellant’s contention that the grand jury in question was illegally impaneled has not been established.

Horton v. Unigard Ins. Co.

355 So. 2d 154 · District Court of Appeal of Florida · Feb 14, 1978

Having established that the doctrine is still viable we must decide whether there is something unique about a wrongful death action which would exempt such an action from the application of the doctrine. … Clearly Clementine could not maintain an action and recover damages against her husband Raymond had she survived her injuries.

Chorak v. Naughton

409 So. 2d 35 · District Court of Appeal of Florida · Feb 5, 1982

To establish a battery, a plaintiff must suffer a harmful or offensive contact, and the tortfeasor must have intended to cause such contact. … Thus, the exclusivity provision of the Act clearly precludes an employee who acts with willful and wanton disregard, or with gross negligence and whose actions cause injury to a fellow employee from claiming immunity for

CITY OF DELRAY BEACH v. SHERMAN WILLIAMS AMERICAN LEGION, POST 188

District Court of Appeal of Florida · Mar 22, 2023

We agree with the City that the complaint fails to sufficiently allege the existence of a written contract to establish a waiver of sovereign immunity as to a breach of contract claim. … The Post also correctly notes that sovereign immunity is generally an affirmative defense, and a motion to dismiss should be granted only when the complaint conclusively establishes its applicability. See Peak v.

MMMG, LLC and Mobile Mike Promotions, Inc. v. Seminole Tribe of Florida, Inc., d/b/a Tribe, Inc., Tony Sanchez, Jr., etc.

196 So. 3d 438 · District Court of Appeal of Florida · Jun 15, 2016

Mobile Mike asserts it is well established that corporate tribal entities have no inherent immunity of their own. … The burden was on Mobile Mike to establish a waiver of STOFI’s immunity. See Seminole Tribe of Fla. v.

Vause v. Bay Medical Center

687 So. 2d 258 · District Court of Appeal of Florida · Dec 30, 1996

The plaintiff's complaint does not clearly show the applicability of the defense. … The facts alleged in the complaint establish this relationship.

State of Florida Department of etc. v. Lisa O'Connor, f/k/a Lisa Zane

155 So. 3d 479 · District Court of Appeal of Florida · Jan 19, 2015

The Department rightly points out that sovereign immunity must be clearly and unequivocally waived. … court orders, as O’Connor has established under Chapter 717.

Lee v. State

318 So. 2d 431 · District Court of Appeal of Florida · Jul 31, 1975

Before trial the State filed a written motion to limit the cross-examination of the informant to preclude the defense from establishing that the informant was presently charged with the crime of robbery. … The answer is clearly yes and the reasons are aptly set out in dicta in the Morrell case, supra.

Inservices, Inc. v. Aguilera

837 So. 2d 464 · District Court of Appeal of Florida · Dec 26, 2002

However, established precedent and the plain language of the Workers' Compensation Act requires that we reverse. … As a matter of law, affirmance is required in this case as to the intentional infliction of emotional distress claim. [5] The workers' compensation immunity carrier has clearly committed an intentional tort, which brings

Pearce v. US Fidelity and Guar. Co.

10 Fla. L. Weekly 2326 · District Court of Appeal of Florida · Oct 9, 1985

The appellees say the legislative intent clearly is to facilitate Division *752 investigation of possibly fraudulent insurance claims, and that, to assist in this objective, immunity is granted for reporting suspicions of … Failure to establish any one element will destroy the cause of action. Weissman v. K-Mart Corporation, 396 So.2d 1164 (Fla. 3d DCA 1981).

Brown v. City of Vero Beach

64 So. 3d 172 · District Court of Appeal of Florida · Jun 29, 2011

Thus, on its face, the statute clearly and unambiguously shows the legislature’s intent to limit the statutory waiver of sovereign immunity it created in section 768.28, Florida Statutes. … standard size, shape, color, and definition for each warning and safety flag. (4) The Department of Environmental Protection is authorized, within the limits of appropriations or grants available to it for such purposes, to establish

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338 · District Court of Appeal of Florida · Oct 24, 1995

court ruled that, because P & G had no liability under the law to secure workers' compensation benefits for Mann, P & G did not qualify for immunity from Mann's suit under Chapter 440. … Further, to establish a statutory employment relationship, the entity claimed to be a contractor must have incurred a contractual obligation to a third party and must have delegated or sublet a part of its contractual obligation

Sedgwick Claims Management Services, Inc. v. Feller

163 So. 3d 1252 · District Court of Appeal of Florida · May 15, 2015

Harter, 152 So.3d 705, 711 (Fla. 1st DCA 2014) (“It is well-established that ‘work product retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

David L. Ross v. City of Jacksonville

274 So. 3d 1180 · District Court of Appeal of Florida · Jun 12, 2019

Finally, Appellant argues that the trial court applied an incorrect “qualified immunity” standard instead of an “immunity from liability” standard. … For almost a hundred years, Florida law has held that intentionally putting a victim in fear of getting hit by an automobile qualifies as aggravated assault. See Williamson v. State, 111 So. 124 (Fla. 1926).

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

Hope v. NAT. ALLIANCE, JACKSONVILLE

649 So. 2d 897 · District Court of Appeal of Florida · Jan 31, 1995

immunity. [4] See Tucker v. … Although the immunity afforded to defamatory statements may indeed bar recovery for bona fide injuries, the chilling effect on free testimony would seriously hamper the adversary system if absolute immunity were not provided

Maldonado v. Allstate Ins. Co.

789 So. 2d 464 · District Court of Appeal of Florida · Jun 29, 2001

Allstate established that Mr. Maldonado "crossed over the river between Mexico and the United States." … Statutes often require that a person be a resident for at least a specific period in order to qualify for some legal benefit.

FLORIDA POWER & LIGHT COMPANY v. REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC

District Court of Appeal of Florida · Dec 11, 2019

We dismiss the petition for failure to establish irreparable harm necessary for certiorari jurisdiction. … P. 9.130(a)(3)(C)(v) (“workers’ compensation immunity”); Fla. R. App. P. 9.130(a)(3)(C)(vii) (“absolute or qualified immunity in a civil rights claim arising under federal law”); Fla. R. App.

Jackson v. Navarro

665 So. 2d 340 · District Court of Appeal of Florida · Dec 27, 1995

The Supreme Court affirmed the court of appeals, concluding that neither the common law nor public policy require absolute immunity, and that the trooper who obtained the warrant was only entitled to qualified immunity: Defendants … will not be immune if, on an objective basis, it is obvious that no reasonably competent officer would have concluded that a warrant should issue; but if officers of reasonable competence could disagree on this issue, immunity