Case law

R.J. Reynolds Tobacco Co. v. Webb

93 So. 3d 331 · District Court of Appeal of Florida · Apr 9, 2012

RJR did not establish that merely learning of his COPD diagnosis meant Mr. Horner knew or should have known he had lung cancer. … Because Venetia had a compromised immune system, the two younger children would stay at Mr. Horner’s home when they caught colds.

Metropolitan Dade Cty. v. PJ BIRDS

654 So. 2d 170 · District Court of Appeal of Florida · May 5, 1995

"Administrative agencies are not required to institute rulemaking procedures each time a new policy is developed, although that form of proceeding is preferable where established industry-wide policy is being altered." … The principal position of the Staff Report was that the Parrot Jungle site qualified for designation under the "Over-fifty" standard.

Walt Disney World Co. v. Harrison

443 So. 2d 389 · District Court of Appeal of Florida · Dec 30, 1983

We heard oral argument in this case and have devoted much time and attention to it because of our deep concern that anyone in such a helpless condition and so clearly qualified to receive attendant care should have been left … Although claimant was unfortunately left on her own much of the time, the evidence also establishes that some attendant care and services were provided by claimant's friends and mother.

Lowe v. Broward County

766 So. 2d 1199 · District Court of Appeal of Florida · Sep 20, 2000

Whether a partner qualifies as a dependent "shall be based solely on whether such person is supported, in whole or in part, by the County employee's earnings and relies on such support." Id. … The statute created two clearly defined classes of criminal defendants—those determined to be guilty of a criminal act and those determined to be not guilty.

Quick Cash v. STATE, DEPT. OF AGRICULTURE

605 So. 2d 898 · District Court of Appeal of Florida · Aug 28, 1992

We answer that question with a qualified, and somewhat preliminary, yes. II. … The evidence did not clearly establish that the transaction involved Quick Cash of Clearwater, Inc., rather than Quick Cash of St. Petersburg.

Earl C. Ogden v. State of Florida

273 So. 3d 162 · District Court of Appeal of Florida · Mar 13, 2019

In most cases, I believe that we should require such allegations in order to clearly establish what is expected of counsel with respect to plea offers: convey all plea offers to the defendant before they lapse, and do not … Third, even if this subsection did establish a standard, it is not inconsistent with the position that a claimant cannot establish ineffective assistance for failure to take a plea offer unless bad advice has led to a rejection

First Mortgage Corporation of Stuart v. Degive

177 So. 2d 741 · District Court of Appeal of Florida · Aug 6, 1965

The agreement itself is clear and unambiguous in this respect, but the affidavits and depositions do not establish whether or not the release was ever given to defendant. … O'Connor's affidavit, on the other hand, does not mention the release, but states merely that he never qualified "on either of these grounds for delivery of a deed."

Ratley v. Batchelor

599 So. 2d 1298 · District Court of Appeal of Florida · May 1, 1992

We specifically note that this statement of the witness was not called for by the question asked and was clearly volunteered by the witness. … Batchelor would have failed to qualify for a permit. The mere fact that the permit was issued to the wrong party or was improperly transferred was not a factor which contributed to the accident.

Victor Castillo v. State of Florida

170 So. 3d 112 · District Court of Appeal of Florida · Jul 1, 2015

As used in this statute, the word “pattern” clearly requires more than accidental or unrelated instances of proscribed behavior. … Therefore, it would qualify as a predicate act.

Jones v. First Virginia Mortgage & Real Estate Investment Trust

399 So. 2d 1068 · District Court of Appeal of Florida · Jun 19, 1981

Ap-pellee then moved for summary judgment on the ground that the uncontradicted facts established equitable estoppel as a matter of law. … On this appeal the commissioners first challenge appellee’s standing to maintain this action, and then argue that in any event the evidence was clearly inadequate to establish an estoppel and, therefore, summary judgment

CYNTHIA BURTON vs CRAIG OATES, AS CHAIR OF THE RECALL COMMITTEE

District Court of Appeal of Florida · Jun 12, 2023

Instead, I would hold only that the county supervisor of elections cannot, under any circumstances, qualify. … Because the statute clearly assigns one set of responsibilities to the clerk, and another to the supervisor.

Hughes v. State

943 So. 2d 176 · District Court of Appeal of Florida · Jul 12, 2006

The evidence also established that Cloyd, Hughes, and the crew arrived at the airport late because Hughes had overslept. … Once a proper foundation is laid that the test was correctly administered by an officer properly trained and qualified to administer the test, the results are admissible. Id.; see also Bowen v.

Quirk v. Anthony

563 So. 2d 710 · District Court of Appeal of Florida · Apr 25, 1990

More important, the court was clearly impressed by the parties' stipulation in which they agreed that the employer had made a knowing, oral selection of UM with reduced limits. … This policy was apparently required for West Coast to qualify as a subcontractor on a large project. The umbrella policy was issued by Southern American as a surplus lines carrier.

Jett v. State

605 So. 2d 926 · District Court of Appeal of Florida · Sep 25, 1992

Section 415.504(4)(a) requires the establishment of a central abuse registry to receive all such reports for the purpose, among others, of monitoring and evaluating the effectiveness of the reporting requirement and to assure … However, the answer to this dilemma, which is purely theoretical for purposes of this case, is section 415.511, which grants immunity from civil or criminal liability to any person "participating in good faith in any act

Visingardi v. Tirone

178 So. 2d 135 · District Court of Appeal of Florida · Aug 3, 1965

Haley, Fla. 1965, 175 So.2d 780 , the Supreme Court of Florida, speaking through Chief Justice Thornal, clearly outlined the burden assumed by or imposed upon the moving party on a motion for summary judgment, and stated … The Graubard affidavit was not required to establish that the acts he viewed as negligence of the defendant doctor were the cause of death to the exclusion of any other reasonable hypothesis.

City of West Palm Beach v. Chatman

112 So. 3d 723 · District Court of Appeal of Florida · May 8, 2013

Further, if a statute “fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests” then the enactment “may be impermissibly vague.” … The supreme court determined: The question then is whether the additional language in the ordinance qualifies the word “loiter” sufficiently to satisfy the due process clauses of both the United States Constitution and the

Pedroza v. State

773 So. 2d 639 · District Court of Appeal of Florida · Dec 15, 2000

The statute lists some specific statutes, which clearly include the crime for which Pedroza was convicted. … Would peeping Toms and Janes, or stalkers qualify?

ABEL B. GARCIA v. OLGA C. SOTO

District Court of Appeal of Florida · Apr 20, 2022

The court relied on the incidents in January at the restaurant and in April at the Home Depot to establish a course of conduct. … To qualify as stalking, the conduct must cause substantial emotional distress and serve no legitimate purpose. Id. at 110.

Headley v. City of Miami

118 So. 3d 885 · District Court of Appeal of Florida · Jul 19, 2013

PERC has developed special expertise in addressing labor issues and is uniquely qualified to interpret and apply the policies enunciated in Chapter 447. … This interpretation is not clearly erroneous and is entitled to deference.

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

District Court of Appeal of Florida · Aug 4, 2021

. § 1983 claim, the officer is protected by qualified immunity, which a plaintiff may overcome only if it is shown that the plaintiff had a constitutional right which was clearly established. … The appellant’s recording device was clearly visible and not concealed.