Case law

McMAHAN CONST. CO. v. CAROL'S CARE CTR.

460 So. 2d 1001 · District Court of Appeal of Florida · Dec 20, 1984

Consistent with established precedent, [2] the trial judge allowed McMahan to file an amended complaint alleging compliance with section 713.06(3)(d)(1). Appellees cross-appealed this ruling by the trial judge. … However, regardless of the trial court's action on the mechanic lien foreclosure count, [4] we think it erred in dismissing *1004 the other two counts as it clearly had jurisdiction to hear those matters.

Paddock v. Bay Concrete Industries, Inc.

154 So. 2d 313 · District Court of Appeal of Florida · Aug 30, 1963

Hall, 1928, 96 Fla. 186 , 117 So. 840 , the court characterized as well established the rule that "* * * [o]rdinarily, the construction of a written contract is a matter of law, which must be determined by the court, and … It is defendant's contention that the contract clearly provides that the employee agreed to perform in a manner satisfactory to the employer and that it was only at any time after one year that 90 days' notice was required

The State of Florida v. Andre Adams

District Court of Appeal of Florida · Jun 25, 2025

Having a weapon in your vehicle does not qualify as having it on or about their person. ... [THE COURT]: Okay. So, Mr. … And these concepts are available to the legislature because constructive possession is an established doctrine that exists.

Dept., Nat. Res. v. Indus. Plastics

603 So. 2d 1303 · District Court of Appeal of Florida · Aug 7, 1992

When it was unable to obtain a satisfactory resolution of this dispute with the Department, Industrial filed this lawsuit to establish its rights. … Although the Warrs were not legal title holders of the property in 1949 when they took possession of it, they clearly had a claim to a beneficial interest, which ripened into legal title in 1953.

In Re EF

639 So. 2d 639 · District Court of Appeal of Florida · Jul 1, 1994

It may be that HRS could have given greater assistance to A.D. over the eight years of dependency, but her own conduct clearly and convincingly established abandonment of the two younger children for purposes of section 39.464 … court shall appoint a guardian ad litem, unless the court for good cause finds the appointment unnecessary). [4] It appears that the Florida Legislature enacted the statute mandating guardians, section 415.508, in order to qualify

In Re Estate of Collin

368 So. 2d 1350 · District Court of Appeal of Florida · Mar 21, 1979

Moreover, the use of percentages, coupled with the earlier grouping provision, would appear clearly to direct that very same result. … More precisely, testamentary gifts to qualified charities are not included in the gross estate for tax purposes.

Pointec v. State

614 So. 2d 570 · District Court of Appeal of Florida · Feb 12, 1993

Said signs shall be placed along the boundary line of posted land and in such a position as to be clearly noticeable from outside the boundary line. … But the subject boat ramp property does not qualify for any exception to the posting provisions.

BANANA RIVER PRO. v. City of Cocoa Beach

287 So. 2d 377 · District Court of Appeal of Florida · Dec 7, 1973

appear either that there is positive repugnancy of such a nature that the two acts cannot, by a fair and reasonable construction, be reconciled or made to stand together, or that the later act revises the subject or was clearly … The City shall have the powers, functions, and immunities granted to municipal corporations by the Constitution and general laws of this State, as now or hereinafter existing, together with the implied powers necessary to

Bakalarz v. Luskin

560 So. 2d 283 · District Court of Appeal of Florida · Apr 18, 1990

The trial court denied relief under rule 1.540(b) because the evidence set out in the affidavits did not qualify, in the court's view, as "newly discovered." … We also note that the clerk's affidavit indicates that the indexing procedure was in accordance with established policy.

Erwin v. STATE, DEPT. OF P. & OR, ETC., BD OF DENTISTRY

320 So. 2d 2 · District Court of Appeal of Florida · Oct 8, 1975

Permitting an auxiliary to perform this function, which requires professional skill and judgment, is clearly a violation of Fla. Stat. § 466.02 (4). … The practice of dentistry is reserved to qualified members of the profession and it is not delegable except in respect to those functions specified in the statute.

SHANDS TEACHING HOSP. & CLINICS v. Smith

11 Fla. L. Weekly 81 · District Court of Appeal of Florida · Dec 30, 1985

The court seems to have characterized the rule of sovereign immunity as one which was announced by the court in prior cases and receded from those decisions "in order to establish a rule which we are convinced will be productive … Whenever a principle of the common law has been once clearly established, the courts of this country must enforce it until repealed by the legislature, as long as there is a subject matter for the principle to operate on,

J.D. v. Florida Department of Children & Families

114 So. 3d 1127 · District Court of Appeal of Florida · Jun 24, 2013

[J.D.] has met her burden of clearly and convincingly demonstrating that she is rehabilitated and, accordingly, she should not be disqualified from employment in a Position of Special Trust. … Dep’t of Juvenile Justice, 736 So.2d 118, 119 (Fla. 4th DCA 1999) (“[Ejven if Phillips’ presentation constituted clear, convincing, and un-refuted evidence that he qualified for an exemption, the agency was not under any

Bailey v. St. Louis

196 So. 3d 375 · District Court of Appeal of Florida · Feb 3, 2016

Bailey that they were leaving Laserscopic Spinal to establish a competing venture with EFO. While Dr. St. Louis and Dr. … Perry conspired with EFO to establish a competing business.

Cadle Co. v. G & G ASSOCIATES

737 So. 2d 1136 · District Court of Appeal of Florida · Jun 16, 1999

In the 1927 version of the statute, "such process" clearly refers to the "writ of attachment or garnishment or other process" mentioned in the preceding section. … Even if Cadle is correct in its argument that such monies identified in the employer's answer do not qualify as salary or wages, such funds would not be garnishable by the form of writ it utilized in this case.

Seitlin & Co. v. Doebler

11 Fla. L. Weekly 1312 · District Court of Appeal of Florida · Jun 10, 1986

The Technical Agreement between Portugal and the United States clearly provides that Portugal retains complete sovereignty over the base. … The parties have not conclusively established as a non-issue that Seitlin was acting within the scope of its actual or apparent authority, with the power to bind its principal while at the same time avoiding personal liability

Alvaro Ignacio Abaunza v. State of Florida

District Court of Appeal of Florida · Jul 29, 2019

They receive an examination of their mental condition at least once a year; and they may retain, or receive at public expense, a qualified professional to perform an examination. § 394.918(1). … State, 98 So. 3d 694, 696 (Fla. 1st DCA 2012) (“The trial court’s determination of the weight and credibility of competing expert opinions in chapter 394 proceedings will not be overturned unless clearly erroneous.”).

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

District Court of Appeal of Florida · Feb 24, 2021

sovereign immunity.” … At the very least, the majority should establish a firm guardrail instructing the trial court that under no circumstances is the trial judge permitted to raid the special referendum school fund established by taxpayers, paid

M.N. v. Department of Children & Family Services

51 So. 3d 1224 · District Court of Appeal of Florida · Jan 14, 2011

Second, the Father does not qualify as a violent career criminal, a habitual violent felony offender, or a sexual predator, and he has not been convicted of first- or second-degree murder or sexual battery. … However, the terminations in those cases were supported by other breaches of the parents’ case plans under circumstances clearly more egregious than the circumstances presented in this case.

Basel v. McFarland & Sons, Inc.

815 So. 2d 687 · District Court of Appeal of Florida · Apr 5, 2002

If the legislation clearly expresses an intent that it apply retroactively, then the second inquiry is whether retroactive application is constitutionally permissible. Memorial Hospital-West Volusia, Inc. v. … Judiciary, Final Analysis, HB 775 (Ch. 99-225) pp. 21-22. [4] In Chase Federal the court held that the express terms and purpose of the Dry Cleaning Contamination Cleanup Act demonstrated the legislature's intent that the Act's immunity

The Public Health Trust of Miami-Dade etc. v. Department of Health and Kendall etc.

230 So. 3d 992 · District Court of Appeal of Florida · Dec 6, 2017

The Florida Legislature has delegated the primary responsibility for the planning and establishment of a statewide inclusive trauma system to the Department. § 395.40(3), Fla. Stat. (2015). … At that point, either Aventura or Jackson South–but clearly not both–would receive final verification to operate as a Level II trauma center for the seven-year approval period.