Case law

Golden v. State

429 So. 2d 45 · District Court of Appeal of Florida · Mar 22, 1983

Holbrook's testimony thus qualified the copies as more understandable but not altered versions of the originals. … After the enhanced recording copies were later received in evidence, through qualifying testimony by West and Dr.

Martinez v. Fraxedas

678 So. 2d 489 · District Court of Appeal of Florida · Aug 21, 1996

He clearly indicates that he wishes to defend and requests appointment of counsel to do so. The obvious purpose of requesting counsel is to dispute, not admit, liability. … State, 164 So.2d 857 , 857 n. 1 (Fla. 2d DCA 1964), this authority does not purport to exempt pro se litigants from our established rules of procedure and court.

VALENCIA RESERVE HOMEOWNERS ASSOCIATION, INC. v. BOYNTON BEACH ASSOCIATES, XIX, LLLP

District Court of Appeal of Florida · Aug 28, 2019

Valencia Reserve’s HOA was established and governed pursuant to a Declaration of Covenants, Restrictions and Easements (“declaration”) and the HOA Act. … First, the declaration’s section entitled “Working Fund Contribution” clearly stated that each lot owner would be obligated to pay an amount equal to three months’ share of the initial budget’s annual, non-abated operating

Paszamant v. Retirement Accounts, Inc.

776 So. 2d 1049 · District Court of Appeal of Florida · Feb 2, 2001

In order to establish a qualified IRA under the code, it was necessary to select a custodian to hold bare legal title to the IRA assets and to report certain activities within an IRA account to the Internal Revenue Service … Clearly, it was the Custodial Agreement that governed this relationship. Additionally, the experts' opinions were not necessarily at variance with RAI's actions.

Gopman v. DEPARTMENT OF EDUC.

908 So. 2d 1118 · District Court of Appeal of Florida · Jul 25, 2005

Gopman received an "unofficial final evaluation" from DOE's Office of Student Financial Assistance, informing him that he did not qualify for a Bright Futures Scholarship because he lacked two credit hours in the same foreign … Yet the agency's rules must clearly signal when the agency's free-form decisional process is completed or at a point when it is *1122 appropriate for an affected party to request formal proceedings, if authorized, or to accept

Beasley v. State

12 Fla. L. Weekly 751 · District Court of Appeal of Florida · Mar 12, 1987

1983), the court upheld use of testimony of the victim's younger sisters and the defendant's two sisters because evidence of the past acts had identifiable points of similarity and the level of uniqueness was sufficient to qualify … The conflict in this area of the law is clearly set forth by the majority and dissenting opinions in Cotita v.

Ring Power Corporation v. Condado-Perez

District Court of Appeal of Florida · Apr 7, 2017

It clearly meets the statutory requirements of an admission. Mr. … Paton's deposition to the jury; however, it is not clearly established in the record that the trial court ruled on Ring Power's request independent from its fourth request that the unredacted EMS Report be introduced into

Doe No. 3 v. Nur-Ul-Islam Academy, Inc.

217 So. 3d 85 · District Court of Appeal of Florida · Mar 22, 2017

The appellees then argue that, since there were no allegations in the complaint that Doe’s parents did not exist, had an interest adverse to her, or were adjudicated to be incapacitated to sue, Doe does not qualify under … By enacting a provision establishing an unlimited time period for bring actions by victims of sexually battery at a time when they are younger than sixteen at the time of abuse, the legislature clearly did not intend for

State v. Brainard

376 So. 2d 864 · District Court of Appeal of Florida · Oct 12, 1979

By the same token, if the affidavit for the first wiretap was legally sufficient, the other two affidavits were clearly adequate. … Turner also informed Yates that Barrett would refuse to divulge any further information about smuggling activities unless he was granted immunity from both federal and state prosecution. *867 On September 10, 1976, Detective

Russ v. State

832 So. 2d 901 · District Court of Appeal of Florida · Dec 19, 2002

The testimony initially elicited by defense counsel merely established that Mr. … Branch's conviction for conduct similar to that for which Appellant was on trial neither qualified, explained, nor limited Mr. Dowdell's prior testimony.

GFA INTERNATIONAL, INC. v. ERIC TRILLAS

District Court of Appeal of Florida · Sep 1, 2021

On appeal, GFA argues that it established entitlement to a temporary injunction because there was sufficient unrebutted evidence to establish violations of the restrictive covenant. … Based on our review of the plain language of the agreement, 11 the restrictive covenants clearly prohibit Trillas from engaging in business activity which is directly or indirectly

Smith v. DHRS

665 So. 2d 1153 · District Court of Appeal of Florida · Jan 12, 1996

First, abuse or neglect of another child must be clearly established. … Thus, in my view, the evidence adduced at the hearing was clearly insufficient to establish that S.C. was at "substantial risk of imminent abuse or neglect" while in the custody of her parents.

A.C., a Juvenile v. the State of Florida

District Court of Appeal of Florida · Apr 9, 2025

On appeal, A.C. argues the evidence presented was insufficient to establish he was culpably negligent. … In advancing the latter argument, he asks this Court to interpret section 784.05(1) as requiring that the defendant’s conduct create a “likelihood of death or great bodily harm” in order to qualify as misdemeanor culpable

Randall Blake, James Bradford v. St. Johns River Power Park System Employees' etc.

275 So. 3d 804 · District Court of Appeal of Florida · Jul 9, 2019

A failure to follow the governing Plan document’s terms would not comply with federal tax requirements and therefore would jeopardize the tax- qualified status of the Plan, with adverse tax consequences to … Instead, second-tier certiorari relief is “reserved for those situations when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.”

Perry v. State

174 So. 2d 55 · District Court of Appeal of Florida · Apr 1, 1965

At the trial the defendant admitted and the evidence established that he broke into the telephone booth and took the money on the dates specified in the three counts of the information, and he was convicted. … Applying the foregoing definition to a telephone booth, certainly it qualifies as a structure designed to serve a useful purpose.

Mr v. Dept. of Children & Family Serv.

783 So. 2d 277 · District Court of Appeal of Florida · Jan 10, 2001

The psychologist gave a carefully qualified opinion which was to the effect that the psychological examination results were consistent with there having been sexual abuse, but that other causes were possible and that the … He clearly testified that at no point in his examination and report did he indicate that the girls had been sexually penetrated, or molested, or abused in any way. ( Id. at 8-9.)

Nichols v. State Farm Mut.

851 So. 2d 742 · District Court of Appeal of Florida · Jun 13, 2003

The Legislature has clearly indicated that section 768.79 applies to "any civil action for damages." … pain and suffering in the limited category of cases where such items are preempted by the act, he receives not only a prompt recovery of his major, salient out-of-pocket losses — even where he is at fault — but also an immunity

All Seasons Condo Assoc. v. Patrician Hotel

274 So. 3d 438 · District Court of Appeal of Florida · Apr 24, 2019

To establish the existence of an actual agency relationship, the following essential elements must be established: “(1) acknowledgment by the 13 principal that the agent will act … Similarly, the proxy language of Paragraph 9(f) does not qualify as a general power of attorney under Florida law.8 The trial court found that the December 2010 emails between Nemni’s counsel, the Association’s attorney

Riordan v. State

275 So. 3d 226 · District Court of Appeal of Florida · Jun 28, 2019

The court "must make findings to establish a nexus between sentencing an offender to a nonstate prison sanction and the resulting danger that a nonstate prison sanction could present to the public." Reed v. … A prison sentence imposed on a qualifying defendant who scores 22 or fewer sentencing points constitutes an upward departure sentence. Bryant v. State , 148 So. 3d 1251 , 1258 (Fla. 2014).

Forehand v. Board of Public Instruction

166 So. 2d 668 · District Court of Appeal of Florida · Aug 6, 1964

Pickard, was more experienced and better qualified for the position. … It is true that a rule or regulation of an administrative board is deemed prima facie reasonable and valid, but that prima facie character is overcome upon it being made to appear that the rule or regulation is clearly contrary