Case law

NAACP, INC. v. Florida Bd. of Regents

822 So. 2d 1 · District Court of Appeal of Florida · Jul 26, 2002

It was clearly not intended to extend to individuals. … The reasoning of Coalition clearly compels the conclusion that the NAACP has standing.

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

District Court of Appeal of Florida · Jun 1, 2022

Although Downs is arguably inconsistent with Palma’s reasoning to the extent that Downs disallows fees for efforts expended to establish entitlement to the statutory fee under section 119.12, Downs clearly bars an award of … Rather, reading the two statutes together, we conclude that only an expert witness fee authorized under section 92.231(2) qualifies as a reasonable cost of enforcement under section 119.12.

Pitts v. State

307 So. 2d 473 · District Court of Appeal of Florida · Feb 3, 1975

Appellants next urge that one of the members of the petit jury was not a duly qualified elector of the county as required by F.S. 40.01(1), thereby invalidating the verdict returned by the jury. … He was accompanied by his personal attorney, whose request for immunity on behalf of his client was refused by the State. The first question asked of Adams was his name, to which he replied "Curtis Adams, Jr.".

Department of Highway Safety v. Schluter

705 So. 2d 81 · District Court of Appeal of Florida · Dec 31, 1997

But the general orders were held not to qualify as rules because they "were effective in themselves only as guidelines, subject in application to the discretion of the enforcing officer." Id. at 1303 . … The actions of the Department culminating in the invitation for bids clearly express the adoption by the Department of a metal sign manufacturing program.

Kish v. AW Chesterton Co.

930 So. 2d 704 · District Court of Appeal of Florida · Apr 26, 2006

On its face, section 95.031(2) clearly bars Plaintiffs' fraud claim to the extent that it is based on fraudulent conduct committed more than twelve years before the institution of this action. * * * * ... … Accordingly, the Court finds that Plaintiffs have not established that the generous twelve-year statute of repose for fraud actions in section 95.031(2) is unconstitutional. See Puchner v.

Carter v. State

710 So. 2d 110 · District Court of Appeal of Florida · Apr 15, 1998

The availability of the defense will not, accordingly, change the proof needed by the state to establish a prima facie case of DUI by blood alcohol level or other evidence. … The penalty for a first DUI violation in Florida, up to six months incarceration, is clearly more severe than what could qualify as an infraction under Morissette .

Shuck v. Bank of America, NA

862 So. 2d 20 · District Court of Appeal of Florida · Sep 19, 2003

However, Sharps is clearly distinguishable. The prenuptial agreement under consideration in Sharps obligated the husband to leave his wife the sum of $150,000 if she survived him as his *23 widow. … Thus the widow's claim, if established, would be enforceable against the estate of the decedent.

Cohen v. Philip Morris USA, Inc.

203 So. 3d 942 · District Court of Appeal of Florida · Sep 7, 2016

Cohen knew she had ‘emphysema’ before May 5, 1990, but was not informed of a ‘COPD’ diagnosis, does that alone qualify for a ‘yes’ response?” … The disputed arguments in this case were not clearly linked to proving intentional misconduct or gross negligence.

S. J. v. Malcolm Thomas

District Court of Appeal of Florida · Dec 18, 2017

Thus, the method of review of this type of disciplinary action of the School Board is not clearly outlined. … Each form of removal is clearly defined in the Education Code. § 1003.01, Fla. Stat.; § 1003.53, Fla. Stat. Further, the Florida Legislature has explicitly indicated whether each form of removal is subject to the APA.

McCall v. Dick Burns, Inc.

408 So. 2d 787 · District Court of Appeal of Florida · Jan 14, 1982

Although lay testimony cannot be used to establish a causal relationship within reasonable medical probability as to conditions and symptoms that are not readily observable, it is of probative value in establishing the sequence … Of course, it is obvious that medical testimony by a qualified doctor is probative of the existence or absence of a causal relationship within reasonable medical probability.

Adoption of D.P.P. v. C.P.

158 So. 3d 633 · District Court of Appeal of Florida · May 21, 2014

In seeking to set aside the jointly-sought adoption, C.P. claimed that the circuit court lacked subject matter jurisdiction to grant it because G.P. was not qualified to seek a step-parent adoption. … B.J.F., 530 So.2d 286, 288 (Fla.1988). “ ‘In this state, circuit courts are superior courts of general jurisdiction, and nothing is intended to be outside their jurisdiction except that which clearly and specially appears

Taylor v. State

401 So. 2d 812 · District Court of Appeal of Florida · Jul 1, 1981

Beamon has been qualified, however, in Hoffman v. … This was a technical omission which neither misled nor prejudiced defendant in the slightest, and the late attack on it was clearly the type of ambush denounced in Hoffman .

Town of Indialantic v. Nance

400 So. 2d 37 · District Court of Appeal of Florida · May 20, 1981

Nance contends that the correct standard of review in this case is whether he, as variance seeker, established "unique or unnecessary hardship." … It is the category, the end-result, in which the variance seeker attempts to place himself in order to qualify for the variance.

Bayonet Point Reg. Med. Ctr. v. Dhrs

516 So. 2d 995 · District Court of Appeal of Florida · Nov 24, 1987

The application for a CCL was clearly dependent upon the application for an OHSS. … Cir.1987) (decision of federal agency not to hire homosexual applicant immune from judicial review because it was a decision committed to agency discretion by law); Woodsmall v.

Mid-Continent Casualty Co. v. Royal Crane, LLC

169 So. 3d 174 · District Court of Appeal of Florida · Jun 10, 2015

Law. 14, 23 (Spring 2014) (“The newer language clearly covers a broader range of liability than that which is solely vicarious in nature.”). … "A special employer qualifies as such where '(1) there was a contract for hire, either express or implied, between the special employer and the employee; (2) the work being done at the time of the injury was essentially that

Campagna v. Cope

971 So. 2d 243 · District Court of Appeal of Florida · Jan 4, 2008

child support in a dissolution action that is filed after a child reaches the age of majority is generally entitled to support only for those months within the preceding twenty-four months when the child was a minor or qualified … The Wife clearly stated a claim for retroactive child support for her younger child.

Florida Nutrition Counselors Ass'n v. Department of Business & Professional Regulation, Board of Medicine, Dietetics & Nutrition Practice Council

667 So. 2d 218 · District Court of Appeal of Florida · Aug 10, 1995

Neither the face of the statute nor the record before us establishes error on this point. … (d) [t]he rule is vague, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency; or (e) [t]he rule is arbitrary or capricious. .

Morales v. Rosenberg

919 So. 2d 476 · District Court of Appeal of Florida · Oct 12, 2005

We also awarded appellate fees and costs to Rosenberg pursuant to Florida Rule of Appellate Procedure 9.410 on the ground that Morales forced Rosenberg to maintain a clearly meritless and unnecessary appeal. See Fla. … The trial court also heard testimony from qualified experts retained by the parties. After hearing all of the evidence, the trial court chose to credit Rosenberg's expert.

Oxley v. Zmistowski

128 So. 2d 186 · District Court of Appeal of Florida · Jan 27, 1961

The failure of the Court to clearly limit the requirement of physical presence to cases where the nonresident had no other contacts with the state of the forum led many legislatures to enact substituted service statutes to … Justice Hobson, held that where a foreign corporation which operated a collection service and had qualified to do business in Florida, furnished its brokers with instructions and supplies for use in presenting its company's

Gables Club v. Gables Condominium and Club

948 So. 2d 21 · District Court of Appeal of Florida · Nov 29, 2006

Although Gables Club contends that the trial judge did not apply this three-prong test when adjudicating the motion for vacatur, the transcript of the hearing on the motion to vacate clearly indicates that the parties were … Subsequent cases have found that ignorance of the law, whether on the part of counsel or client, does not qualify as excusable neglect. See Geer v.