Case law

Meeks v. Florida Power & Light Co.

816 So. 2d 1125 · District Court of Appeal of Florida · Mar 22, 2002

The trial court found, however, that "[w]hile BellSouth may still have owned the utility pole in question, it clearly created a bailment relationship with Florida Power and Light...." … Meeks, on the other hand, argues that the age limitation of 25 is merely a qualifying factor which permits a minor child to claim this category of damages *1131 and, once established, allows recovery for the life of the child

State v. Ballard

956 So. 2d 470 · District Court of Appeal of Florida · Feb 23, 2007

Steele, 921 So.2d 538, 543 (Fla.2005) (holding that "a trial court does not violate a clearly established principle of law in requiring the State to provide [advance] notice [of *474 aggravating circumstances]"). … Ballard's response, to death-qualify a jury without such legal authority can constitute reversible error. See Reed v. State, 496 So.2d 213 (Fla. 1st DCA 1986).

Aurora Bank v. Cimbler & Fl Mediation

166 So. 3d 921 · District Court of Appeal of Florida · Jun 17, 2015

Cimbler is not eligible to practice law and is therefore not qualified to appear on behalf of Florida Mediation. In response to the Bank’s motion for rehearing, Mr. … Barns, 163 So. 715, 717 (Fla. 1935) (“[R]elief by prohibition will be given in the suit where the court, in the conduct of the proceedings or trial, has clearly exceeded its proper jurisdiction in some collateral matter,

Dorsey v. State

74 So. 3d 521 · District Court of Appeal of Florida · Oct 19, 2011

Instead, the evidence established an impulsive overreaction to an attack, which warranted convictions for manslaughter. … Whatever the scope of that term, we hold that possession of a firearm by a convicted felon qualifies as “unlawful activity” within the meaning of the Stand Your Ground law. 3 Cf Dawkins v.

Lee Memorial Health System etc. v. State of Florida, Agency For Agency For Health etc.

272 So. 3d 431 · District Court of Appeal of Florida · Feb 27, 2019

As part of the pre- authorization process, the Department of Children and Families (“DCF”) provided Gulf Coast with a pre-authorization number signifying each undocumented alien was qualified and eligible for Medicaid, suffered … Florida law sets forth “Provider Requirements” and establishes that all Medicaid providers enrolled in the Medicaid program and billing agents who submit claims to Medicaid on behalf of an enrolled Medicaid provider must

Ribaya v. The Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa

162 So. 3d 348 · District Court of Appeal of Florida · Apr 8, 2015

Subsection 286.011(4) clearly contemplates legal actions by members of the public to enforce the Sunshine Law. See § 286.011(4) (providing for 5 Freedom Properties v. … Alderman, 589 So. 2d 424 (Fla. 2d DCA 1991), is a case in which the trial court appropriately ordered dismissal based on well-established law.

M.N., P.N. v. Agency for Persons With Disabilities

District Court of Appeal of Florida · Oct 4, 2024

Florida courts also are guided by Justice Joseph Story's view that “every word employed in [a legal text] is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify … When reading the provision as a whole, rule 65G– 4.0215(7)(a) clearly distinguishes between the re-establishment of “waiver eligibility” and a “client who has chosen” to disenroll and then re-enroll.

Whipple v. State

789 So. 2d 1132 · District Court of Appeal of Florida · Jun 27, 2001

Appellant argued that only one of the two DUI's in the present case could be counted for suspension purposes, and thus, he did not qualify for a lifetime suspension under section 322.28(2)(a)3. … Clearly, the revocation of appellant's license was a direct consequence of his plea.

Continental Country Club, Inc. v. Savoie

14 Fla. L. Weekly 142 · District Court of Appeal of Florida · Dec 29, 1988

The covenants set forth services which will be provided by the developer, obligate the residents to pay for these services, and establish the life-style and operation of the community. … The appellate court reversed, stating that “owner” was not a term of art and could mean only one thing unless qualified in the writing itself. Id. at 196 .

State Liquor Stores 1 v. United States Fire Ins. Co.

243 So. 2d 228 · District Court of Appeal of Florida · Jan 26, 1971

The law relating to the construction of insurance policies is well established in this state. If the language of the policy is plain and unambiguous, the words must be given their commonly accepted meaning. … There is no question raised about Pessin qualifying as a messenger under the terms of the policies.

Byron Turner v. the State of Florida

District Court of Appeal of Florida · Feb 12, 2025

At the sentencing, the trial court determined that Turner qualified as a prison release reoffender and a habitual violent felony offender. … Turner has failed to establish fundamental error in the instant case. Monroe v.

Clark v. State

114 So. 2d 197 · District Court of Appeal of Florida · Aug 6, 1959

All these facts, when established, may confirm the testimony of apparently credible witnesses who testify to the genuineness of the questioned signatures, or establish to the degree of demonstration the falsity of it." … Although our Supreme Court was not concerned with the question of whether or not the jury was qualified to judge for themselves the genuineness of a particular document without the aid of expert testimony, it clearly recognized

Lois Zelman v. Martin Zelman, Robert Zelman, Lisa Held and Curtis Rogers

175 So. 3d 871 · District Court of Appeal of Florida · Sep 2, 2015

Along similar lines, Robert explained to the judge why he was qualified to be guardian of property. … We note that the judgment here was infected by legal hocus pocus, containing findings so unsupported by the record as to be clearly erroneous.

Stiles v. Brown

177 So. 2d 672 · District Court of Appeal of Florida · Aug 5, 1965

decisions of our Supreme Court which were contemporaneously filed on May 21, 1965. [1] As we construe the Walter case, it holds that "just valuation" as provided for in the Constitution is equivalent to "x" and that "x" is established … that "* * * [i]f and when he [the taxpayer] puts his agricultural land on the market for sale for a `higher and better' use — or, at least, one more valuable than an agricultural use — the property would no doubt no longer qualify

Samples v. Florida Birth-Related Neurological

40 So. 3d 18 · District Court of Appeal of Florida · Jun 18, 2010

This language cannot be reasonably interpreted to provide multiple awards of $100,000 to each parent of a qualifying child. … establishes that the Legislature intended a single award to parents.

Milanese v. City of Boca Raton

84 So. 3d 339 · District Court of Appeal of Florida · Feb 22, 2012

Foreseeability clearly is crucial in defining the scope of the general duty placed on every person to avoid negligent acts or omissions. … acts for which sovereign immunity would bar a cause of action.

Castro v. Charter Club, Inc.

114 So. 3d 1055 · District Court of Appeal of Florida · Jun 5, 2013

The party seeking to establish jurisdiction through constructive service has the burden to establish the validity of service of process. Shepheard v. Deutsche Bank Trust Co. … The undisputed facts reveal that the Association’s records clearly listed the Castros’ daughter’s address as their alternate address and billing address, and that the Association’s counsel communicated with the Cast-ros’

Bryant v. State

124 So. 3d 1012 · District Court of Appeal of Florida · Nov 6, 2013

Defense counsel argued, in pertinent part: [Tjhere’s a proper foundation that needs to be established in these jailhouse phone call situations, which is someone from telecommunication comes in [and] explains how the process … State, 885 So.2d 1010, 1013 (Fla. 4th DCA 2004) (“[A]s a general rule, testimony is admissible on redirect which tends to qualify, explain, or limit testimony given on cross-examination.”)

Green Valley Sch., Inc. v. Cowles Fla. Broad., Inc.

327 So. 2d 810 · District Court of Appeal of Florida · Feb 18, 1976

It was clearly labeled and to the eye does not look anything like parsley, oregano or the marijuana identification kits they give out to school teachers. … A reading of Gertz discloses an apparent re-evaluation by that court of its prior immunization of the press from libel actions. New York Times Co. v.

Scheman-Gonzalez v. Saber Mfg. Co.

816 So. 2d 1133 · District Court of Appeal of Florida · Apr 10, 2002

He was also able to clearly observe a marking on both the inboard and outboard sidewalls of the tire, which stated, "MOUNT ONLY ON APPROVED 16 INCH RIMS." … We conclude that Michelin and Titan have failed to establish the absence of genuine issue of fact as to the need to warn and whether Rodriguez knew or should have known of the danger.