Case law

Blake v. Partyka

731 So. 2d 749 · District Court of Appeal of Florida · Apr 1, 1999

The trial court followed the principle established in Keim v. U.S., 177 U.S. 290 , 35 Ct.Cl. 628 , 20 S.Ct. 574 , 44 L.Ed. 774 (1900) and Shurtleff v. … We hold that the power to remove the city attorney lies within the general provisions of section 4.06, which simply and clearly state that "all powers not otherwise designated by this Charter or law vest in the commission

Trushin v. State

384 So. 2d 668 · District Court of Appeal of Florida · May 20, 1980

Elting, 29 Kan. 397 (1883) — was clearly established. The facts that Trushin may have acted only out of a misguided sense of public service and received no pecuniary benefit himself are irrelevant. Diehl v. … 17] Of course, there neither is nor could be a contention either that the state may not legitimately forbid the purchase or the attempted purchase of a vote, or that words which may be employed in such an undertaking are immunized

AURORA PUMP, ETC. v. Goulds Pumps, Inc.

424 So. 2d 70 · District Court of Appeal of Florida · Dec 14, 1982

Were JEA to have accepted the deduction offered by Goulds, however, Goulds' fully evaluated bid would have been $6,923,963, establishing it as the lowest responsible bidder for the contract. … NOTES [1] Paragraph M provides: "At the time and place announced for the opening of proposals, each technical proposal from a qualified bidder which has been received prior to the announced time for opening of proposals,

SPEEDWAY LLC v. GLORIA CEVALLOS

District Court of Appeal of Florida · Dec 15, 2021

He testified that he was not a concrete expert, nor was he qualified to determine whether there was buildup on concrete. … 1982), the court discussed the evidentiary value of photographs to support constructive notice of a dangerous condition: If the photograph portrays a condition that has some distinguishing feature which clearly

Miller Elec. Co. v. EMPLOYERS'LIABILITY ASSUR. CORP.

171 So. 2d 40 · District Court of Appeal of Florida · Jan 14, 1965

Appellant relies on the evidence which establishes without dispute that it is not a manufacturer, vendor, or distributor of products but is engaged exclusively in the rendition of services. … Midland Insurance Company, supra, said: "* * * No layman and indeed no lawyer other than one who specializes in such matters can without considerable study understand the provisions which qualify the general risk here insured

State v. Busciglio

976 So. 2d 15 · District Court of Appeal of Florida · Jan 23, 2008

Officer Portman, a state agent, clearly asked an express question of Busciglio when he asked Busciglio whether he was "willing to take a breath test." … Under this logic, Busciglio's refusal to submit to a breath test could not qualify as a testimonial response because the primary purpose of any solicitation was not to establish or prove a past event.

Pedraza v. Reemployment Assistance Appeals Commission

208 So. 3d 1253 · District Court of Appeal of Florida · Jan 25, 2017

Pedraza was ineligible to receive reemployment assistance benefits because she did not qualify for Trade Readjustment Assistance (“TRA”) program under the Trade Act of 1974. We reverse. … But shortly after it appeared, Chevron was quickly taken to establish a new approach to judicial review of agency interpretations of law, going so far as to create a kind of counter-

Storey Mountain, LLC A/A/O First Horizon Bank v. ASHCO, Inc., PI Proprietors, LLC, Lock W. Ireland, and Florida Bank of Jacksonville

District Court of Appeal of Florida · Oct 3, 2025

“However, the Florida Rules of Civil Procedure clearly do not require the motion [to vacate] to be verified.” Id. … The court did not err by finding that this qualified as due diligence. See, e.g., Verijet, Inc. v.

Bradenton Group, Inc. v. Dept. of Legal Affairs

701 So. 2d 1170 · District Court of Appeal of Florida · Oct 3, 1997

bingo and would lack the immunities to which it would have been entitled had it met the necessary criteria. … That applies only to organizations or entities who are qualified to play bingo under the statute, but do it in contravention thereof. Id.

Toyota of Pensacola v. Maines

558 So. 2d 1072 · District Court of Appeal of Florida · Mar 16, 1990

The evidence at bar clearly established that the injury occurred at a point where the employee was within the range of dangers associated with the employment in that it was on the normal route used by the employee to access … The witness was qualified to give an expert opinion based upon his experience. See Section 90.702, Florida Statutes (1987).

State v. Morgan

District Court of Appeal of Florida · Apr 29, 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

Advanced Mobilehome v. Uac

663 So. 2d 1382 · District Court of Appeal of Florida · Dec 6, 1995

Johnson, 425 U.S. 238, 244 , 96 S.Ct. 1440, 1444 , 47 L.Ed.2d 708, 714 (1976), the law in the eleventh circuit has clearly established that the right of a citizen to determine his or her own appearance, including the mode … "To voluntarily leave employment for good cause, the cause must be one which would reasonably impel the average able-bodied qualified worker to give up his or her employment." Uniweld Prods. Inc. v.

Palm Beach Jr. College v. UNITED FACULTY ETC.

425 So. 2d 133 · District Court of Appeal of Florida · Dec 30, 1982

First, the employee's bargaining rights are well established; bargaining to impasse neither reduces nor expands these rights. … The second proposal stated: The right to take unilateral action refers to all rights described in Section A, and is not qualified by or subject to any duty to bargain over the effects or impacts of actions taken or of consequential

Washington v. State

737 So. 2d 1208 · District Court of Appeal of Florida · Jul 27, 1999

Propriety of the State's Death-Qualifying the Jury The State may not death-qualify a jury in a case in which it appears the death penalty may not be imposed as a matter of law. Reed v. … State, 496 So.2d 213 (Fla. 1st DCA 1986) (trial court's erroneously permitting jury to be death-qualified resulted in number of otherwise qualified prospective jurors' being eliminated from participation in homicide prosecution

City of Coconut Creek v. Broward Cty. Bd.

430 So. 2d 959 · District Court of Appeal of Florida · May 4, 1983

The municipalities qualify as units of local government under this plan. Eighteen of twenty have certified land use plans; fourteen have plat laws; only eight have adopted development review regulations. … Clearly, these are local concerns for which "the County shall rely on municipal review."

Kraft Dairy Group v. Cohen

645 So. 2d 1072 · District Court of Appeal of Florida · Nov 22, 1994

Cohen was a CNA, and as such, was clearly qualified to provide professional services. [2] Both Dr. Wancier, who was claimant's neurosurgeon for the past 15 years, and Dr. … A claimant's need for a van must be "clearly established." Aino's Custom Slip Covers v. DeLucia, 533 So.2d 862, 865 (Fla. 1st DCA 1988) (awarding a van merely for *1078 the convenience of the claimant is not proper).

Smallwood v. State

61 So. 3d 448 · District Court of Appeal of Florida · Apr 29, 2011

The district court found the officers were entitled to qualified immunity because “[i]n the Internet age, the extent to which the Fourth Amendment provides protection for the contents of electronic communications (such as … Therefore, clearly the Supreme Court has established a bright-line rule permitting a search incident to arrest, regardless of whether an officer had reason to believe evidence would be found.

Hernandez v. Gil

998 So. 2d 651 · District Court of Appeal of Florida · Dec 10, 2008

The order enforcing the GSA and affirmed by us in Hernandez II clearly admonished the reader that a violation of the order would invite sanctions "to be assessed equally against [Hernandez] and his attorneys." … The Florida Bar's Henry Latimer Center for Professionalism has established such a program for law students, and local initiatives are underway to make qualified mentors available to all practitioners.

Elizabeth Halveland, individually etc. v. Florida Department of Corrections, etc.

273 So. 3d 227 · District Court of Appeal of Florida · May 21, 2019

However, the officers moved to dismiss that count as it pertained to them, arguing they were protected by sovereign immunity. … Accordingly, the new claim is not factually distinct, but arises out of the same conduct, transaction, or occurrence as that established in the original pleading. Id. at 818.

Royal Caribbean Cruises, Ltd. v. Cox

974 So. 2d 462 · District Court of Appeal of Florida · Jan 23, 2008

The "in controversy" requirement of Florida Rule of Civil Procedure 1.360(a)(1) is clearly satisfied in this case. … P. 1.360(a)(3) (stating that the trial court may establish protective rules governing the scope of requested examinations).