Case law

Zivitz v. Zivitz

16 So. 3d 841 · District Court of Appeal of Florida · May 22, 2009

Here, section 77.041(1) clearly provides that a garnishment defendant must complete and file a claim of exemption and request for hearing within twenty days after receiving a notice of garnishment or else he may lose important … A person may or may not ultimately qualify for the particular exemption that he has claimed. Regardless, that person must timely claim that exemption in order to proceed, which Robert failed to do.

Rodriguez v. State

65 So. 3d 1133 · District Court of Appeal of Florida · Jul 13, 2011

He insisted that he remembered the incident clearly and answered, “Yes,” when asked if he remembered “Mr. Rodriguez shooting you.” … Rodriguez asked Detective Harvey what the victim said to him at the hospital to establish that the victim had given a prior inconsistent statement.

State v. Hunter

615 So. 2d 727 · District Court of Appeal of Florida · Feb 19, 1993

However, no place seems immune from crime today, and establishments that sell self-service gasoline are popular targets for armed and often violent robberies. 4. … As to physical appearance of the suspects — The clerk clearly identified the suspect through gestures in response to police inquiry before the stop was initiated. *732 5.

Shands Teaching Hospital & Clinics, Inc. v. Sidky

936 So. 2d 715 · District Court of Appeal of Florida · Aug 16, 2006

Grice, 438 So.2d 392, 394 (Fla.1983), established exceptions to the home venue privilege, including when the action involves joint tortfeasors. … X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act.

Department of Transp. v. RFT PARTNERSHIP

906 So. 2d 1161 · District Court of Appeal of Florida · Jun 29, 2005

In 1994, the statute was amended to establish a policy of setting fees "solely on the benefits achieved for the client." Ch. 94-162, Laws of Fla.; § 73.092(1). … The facts in this case establish that Laura Road was merely a small, unimproved lane connecting pastureland to Galloway Road.

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

273 So. 3d 63 · District Court of Appeal of Florida · Dec 26, 2018

The Plaintiffs have clearly failed to establish that the cumulative effect of this objected-to highly inflammatory argument and the other improper objected-to closing arguments was harmless in this case. … The Plaintiffs clearly have not met that burden, and thus, a new trial is mandated.

THE LAS OLAS HOLDING CO. v. MICHAEL DEMELLA a/p/r of the ESTATE OF ALANNA DEMELLA

228 So. 3d 97 · District Court of Appeal of Florida · Jul 19, 2017

The pavement was clearly marked, and a driver could tell from 600 feet away that the road would curve. … We further hold that, even assuming such a duty, the facts (viewed 11 in the light most favorable to the plaintiff) establish that Riverside met this duty by establishing various barriers

Capers v. State

670 So. 2d 967 · District Court of Appeal of Florida · Dec 19, 1995

The Legislature clearly intended to overrule cases like Wemett, supra, and did not explicitly *971 limit the applicability of section 921.0016(3)(j) to cases where the victim's age is not an element of the crime. [6] Our … Wainwright, 451 So.2d 471 (Fla.1984). [7] The purpose of the sentencing guidelines is to establish a uniform set of standards to guide the sentencing judge in the sentence decisionmaking process.

JUSTIN LEE PRICE v. STATE OF FLORIDA

District Court of Appeal of Florida · Aug 7, 2019

More importantly, given the use of commas in the sentence, we do construe the qualifying language “located on said curtilage” to refer to persons and not conveyances. … “As a principle of clearly established constitutional law, a search warrant must particularly describe the items law enforcement officers are authorized to seize as well as the geographical location they are authorized to

Philippine Cultural Foundation, Inc. v. State, Department of Revenue

787 So. 2d 125 · District Court of Appeal of Florida · Apr 25, 2001

Because the Department’s interpretation of section 212.08(7)(n), Florida Statutes (1997), is clearly erroneous, we reverse. … and support its function as providing or raising funds for services as outlined in subparagraphs 1. and 2. above, by expending in excess of 50.0 percent of the charitable institution’s operational expenditures towards “qualified

ENVIRONMENTAL CONFED. OF SOUTHWEST FL., INC. v. IMC Phosphates, Inc.

857 So. 2d 207 · District Court of Appeal of Florida · Oct 28, 2003

It provides that an organization failing to qualify for standing to initiate an administrative proceeding may nevertheless participate as an intervenor. … Thus, despite the clearly established rule that a law passed in violation of the single-subject requirement remains invalid until reenacted, and despite the initiation of the suit before the statute's readoption, the panel

Stubbs v. Cummings

336 So. 2d 412 · District Court of Appeal of Florida · Aug 19, 1976

The Court observed the established principle that: "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, … In answer to the question of procedure, it was advised that notice be served on the insane person and guardian and if no guardian, one should be appointed and qualified.

RENALDO CHAMPAGNE v. STATE OF FLORIDA

District Court of Appeal of Florida · Apr 24, 2019

"[U]nder the CPC, together the individual offenses only establish the minimum sentence that may be imposed; a single maximum sentence is not established—each individual offense has its own maximum sentence, namely the … [a] sentence imposed below the [LPS] established by the [CPC] under chapter 921.").

Husky Industries, Inc. v. Black

434 So. 2d 988 · District Court of Appeal of Florida · Jul 6, 1983

Bean's testimony was clearly insufficient to prove that the absence of a flashback arrester in the Sparky can was a defect. … Bean was not qualified to render an opinion on the issue, since he had no expertise in the area in which his opinion was sought.

Barber v. State

172 So. 2d 857 · District Court of Appeal of Florida · Mar 23, 1965

The authorities are rife with philosophical dissertations having to do with the all-engrossing subject of rights, immunities and liberties of the individual that has intrigued mankind since time immemorial. … There seems to be no question but that the deputy sheriff would have been qualified to testify as to the conversation had he directly listened in with Mrs. Hartley.

Department of Children and Families v. RH

819 So. 2d 858 · District Court of Appeal of Florida · May 24, 2002

The homestudy clearly indicates that [ ] Jones would need financial and medical assistance for the child. The child does not qualify for 4-E funding. … DCF argues that the only evidence presented established that it was unable to comply with the May 22 order because: (1) rule 65C-24.010 expressly precluded out-of-state residents from receiving caregiver funds and (2) the

Mayo v. Owens

367 So. 2d 1054 · District Court of Appeal of Florida · Feb 1, 1979

(F.S. 712.03(4)) Clearly, although said Final Judgment Determining Heirs did not describe any particular property, it determined appellants to be heirs-at-law of Green Walden, deceased, and it adjudicated “their respective … However, there is nothing in the record on appeal to establish that Green Walden had any interest in the subject property at the time of his death.

Cote v. State

14 So. 3d 1137 · District Court of Appeal of Florida · Jun 17, 2009

The dispositive issue in this case is whether exigent circumstances existed to establish an exception to the search warrant requirement. … That would clearly be a violation of the Fourth Amendment. Proximity to the defendant cannot be a logical basis for doing away with the requirement of obtaining a search warrant to enter a person's dwelling.

Arabia v. Siedlecki

789 So. 2d 380 · District Court of Appeal of Florida · Mar 28, 2001

In concluding that Lavalle Brown carried its burden of establishing the quantum meruit value of its services, the trial court made the following factual findings: In five years of representation of Arabia in this complex … In any event, there is nothing in the record suggesting that this legal fee expert was qualified to testify as to the probable common understandings of nonlawyers as to the meaning of language used in a fee contract.

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

District Court of Appeal of Florida · Aug 2, 2024

Loumpos's creditor argued the account did not qualify as an entireties account because Loumpos's name was not on the account when her husband originally opened it. … be similar to that of a joint tenancy, and since the spouses may or may not intend that a tenancy by the entireties should result, [t]he intention of the parties must be proven unless the instrument creating the tenancy clearly