Case law

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.

Mizrahi v. North Miami Medical Center, Ltd.

712 So. 2d 826 · District Court of Appeal of Florida · Jul 8, 1998

The legislature’s purpose in creating the challenged classification is crystal clear and certainly qualifies as a “legitimate state interest”. … Wrongful death damages are clearly not such a right. . Sections 766.201 through 766.212, Florida Statutes.

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’

Fla. Soc. of Ophthalmology v. State, Bd. of Optometry

532 So. 2d 1279 · District Court of Appeal of Florida · Oct 6, 1988

Rather, these allegations appear to question whether optometrists in general should be allowed to qualify and be licensed to administer topical ocular drugs to their patients in a manner formerly reserved by statute to the … situated, and specifically that `substantial interests' contemplates rights not more restrictive but more expansive than those afforded by the predecessor statute which provided for `legal rights, duties, privileges or immunities

Jax Utilities Management, Inc. v. Hancock Bank, A Foreign Corp.

164 So. 3d 1266 · District Court of Appeal of Florida · Jun 10, 2015

The parties’ summary judgment evidence established in part the following: In December 2005, Plummer Creek, as owner, and Jax, as contractor, entered into a Standard Form Agreement for the development of the project, which … The trial court further concluded that Jax’s equitable lien and unjust enrichment claims were precluded by section 713.3471, Florida Statutes, and reasoned that the Legislature clearly intended to alter the common law

Time, Inc. v. Firestone

254 So. 2d 386 · District Court of Appeal of Florida · Oct 28, 1971

Sullivan, 1964, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 , established severe constitutional limits on libel actions brought by public officials. … Time clearly falls under the New York Times umbrella of protection. The divorce of Mary Alice Firestone was an event of great public interest. There was no evidence of malice on Time's part.

Payne v. State

74 So. 3d 550 · District Court of Appeal of Florida · Nov 10, 2011

Proof of motive coupled with Reggie’s inculpatory testimony was clearly sufficient to meet the threshold requirement for admission. … A statement need not be a complete confession to qualify as one made against one’s interest. Masaka v. State, 4 So.3d 1274, 1280-81 (Fla. 2d DCA 2009). Here, Allen’s statements to his girlfriend clearly inferred guilt.

Seaboard Sys. RR, Inc. v. Clemente

467 So. 2d 348 · District Court of Appeal of Florida · Apr 30, 1985

(f) Preliminary injunctive relief is clearly in the public interest, and the failure to grant such relief would result in further injury to the public. Wilson v. … With respect to what you said, that it is three times the Federal level, is that three times the level that is necessary to qualify as a hazardous waste? A. Yes. Q. How does it compare to the actual ground water level?

Alexis Cantore, a minor, by and through her natural parents and legal guardians, Felix and Barbara Cantore and Felix Cantore and Barbara Cantore, individually v. West Boca Medical Center, Inc., d/b/a West Boca Medical Center and Variety Children's Hospital, d/b/a Miami Children's Hospital

District Court of Appeal of Florida · Sep 24, 2015

Sandberg was qualified to answer even questions which assumed certain facts which did not occur, as experts are allowed to do. … The jury clearly rejected Plaintiffs’ theory of the case after being presented with all of Plaintiffs’ evidence and in light of evaluating Dr.

Cleveland Clinic v. Agency for Hlth. Care

679 So. 2d 1237 · District Court of Appeal of Florida · Sep 4, 1996

We approved the contention by HRS that the relocation of a hospital qualified as a "capital expenditure" under section 381.706(1)(c) (now 408.032(1)), and that under section 381.709(5)(b) (now 408.039(5)(b)), existing health … Bio-Medical is clearly distinguishable from the case before us in that it involved two new entries into the health care market, both competing for a "fixed pool of needed investments."

City of West Palm Beach v. McCray

91 So. 3d 165 · District Court of Appeal of Florida · May 23, 2012

established in McDonnell Douglas Corp. v. … discipline is sufficient to establish pretext).

Port-A-Weld, Inc. v. Padula & Wadsworth Construction, Inc.

984 So. 2d 564 · District Court of Appeal of Florida · May 21, 2008

The court first stated that it was denying the counterclaim for delay damages, as there was no proof that a date certain for performance was ever established and because the damages alleged were too speculative. … Clearly, to force Rowe to pay attorney's fees here would be improper. See: Kendall East Estates, Inc. v. Banks, 386 So.2d 1245 (Fla. 3d DCA 1980). Id.

Sickon v. School Bd. of Alachua County

719 So. 2d 360 · District Court of Appeal of Florida · Oct 21, 1998

Article XVII, section 13(e) provides "[qualified] applicants from a given school faculty will receive first consideration for a supplemental positions available at the school." … This language was inadequate to establish a workable grievance process.

St. Joseph Hospital v. Causey

667 So. 2d 464 · District Court of Appeal of Florida · Jan 31, 1996

I believe an affirmative answer was well established by numerous decisions preceding the wage loss enactments. … Such a qualified award of permanent disability compensation could be and was regarded as not res judica-ta of the claim for surgery and its impact on permanent disability.

City of Tampa v. City Nat. Bank of Florida

974 So. 2d 408 · District Court of Appeal of Florida · May 23, 2007

*411 established principle of law resulting in a miscarriage of justice.'" … But—and this is significant—the relationship consideration is qualified in the next sentence of that section: "In evaluating the effect and the relationship, the ARC shall consider historical and architectural significance

Brown v. DEPT. OF PRO. REGULATION, BD. OF PSYCH. EXAMINERS

602 So. 2d 1337 · District Court of Appeal of Florida · Jul 23, 1992

The hearing officer also found that the evidence did not establish any nexus between Dr. Brown's conduct and his practice of psychology and thus did not establish that Dr. Brown had violated section 490.009(2)(s). … In reaching a decision on this issue, we noted that the disciplinary procedure set forth in section 455.225(3), Florida Statutes (1987), clearly suggests that an investigative report may be the most substantial and relevant

Darbie v. State

711 So. 2d 1280 · District Court of Appeal of Florida · May 20, 1998

We note that the NOAA chart submitted as evidence in the court below clearly and indisputably indicates that the area in which the petitioner was observed is located inside the relevant three nautical mile line. … The NOAA chart introduced as evidence in the court below is such a qualifying chart, and it indicates that the area in which the petitioner was observed is located within three nautical miles of the coastline. [4] See generally

Alexis Cantore, a minor, by and through her natural parents and legal guardians, Felix and Barbara Cantore and Felix Cantore and Barbara Cantore, individually v. West Boca Medical Center, Inc., d/b/a West Boca Medical Center and Variety Children's Hospital, d/b/a Miami Children's Hospital

District Court of Appeal of Florida · Sep 24, 2015

Sandberg was qualified to answer even questions which assumed certain facts which did not occur, as experts are allowed to do. … The jury clearly rejected Plaintiffs’ theory of the case after being presented with all of Plaintiffs’ evidence and in light of evaluating Dr.

Peri v. State

426 So. 2d 1021 · District Court of Appeal of Florida · Jan 18, 1983

Upon the whole, after a careful examination of the subject, we are clearly of the opinion that the word `jury' ... in the Constitution where it occurs, means a tribunal of twelve men, presided over by a court, and hearing … His purpose is to secure such jurors as are qualified for jury service and who are without bias or prejudice for or against the parties in the cause." Cross v.

Schlapper v. Maurer

687 So. 2d 982 · District Court of Appeal of Florida · Feb 19, 1997

The record established that Michael suffered a heart attack (an acute anterior myocardial infarction) in the early morning hours of April 18, 1990. … Thus it does not qualify as "newly discovered" evidence sufficient to permit the setting aside of the final summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b)(2).