Case law

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?

Joshua Holcombe v. City of Naples/Johns Eastern Company, Inc.

District Court of Appeal of Florida · Sep 15, 2021

To answer this question, we first look to the plain language of the statute establishing the presumption at issue. … Neither section 112.18(1) nor section 943.13(6) incorporate any qualifying or restricting language for the terms “tuberculosis, heart disease, or hypertension”; instead, the statutes require “any evidence of the conditions

McCurry v. Eppolito

12 Fla. L. Weekly 1166 · District Court of Appeal of Florida · May 6, 1987

The above facts clearly indicate that McCurry’s employment did extend to lien matters associated with the termination of the original contractor. In his defense, McCurry testified that he assumed Mr. … There is competent substantial evidence to support the finding that appellant — although, as recognized by the trial court, an able and well qualified attorney — failed in this instance to measure up to the applicable minimum

Rivera v. State

274 So. 3d 537 · District Court of Appeal of Florida · Jun 21, 2019

The examination into and evidence of bias, motive or self-interest was clearly relevant and, if proven, could have impacted Soto's credibility. … For example, a witness who claims to have helped the defendant commit a crime or has been promised immunity from prosecution or hopes to gain more favorable treatment in his or her own case may have a reason to make a false

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.

State v. O'BRIEN

633 So. 2d 96 · District Court of Appeal of Florida · Mar 2, 1994

As the trial judge expressed: "Clearly, if allowed, the collateral crimes evidence would become the focal point of the case." We agree with the trial court and deny the writs. … Evidence that qualifies as Williams rule evidence in such cases should not be excluded simply because it also tends to show a propensity on the part of defendant to commit bad acts.

William Pecchia and Kathleen Porter v. Wayside Estates Homeowners Association, Inc.

District Court of Appeal of Florida · Jun 7, 2024

These obligations are clearly mandatory under the statute. … The record does not establish that Wayside rebutted the presumption.

State v. Steele

348 So. 2d 398 · District Court of Appeal of Florida · Jul 26, 1977

II It is the established law of this State that every litigant, including the State in criminal cases, is entitled to nothing less than the cold neutrality of an impartial judge. … He clearly pre-judged the case by stating he would entertain only one defense to a traffic offense involving a rear-end collision, total brake failure.

State, Department of Administration, Division of Retirement v. Miranda

12 Fla. L. Weekly 2135 · District Court of Appeal of Florida · Sep 3, 1987

This court established in Castiglia v. … Miranda never qualified for the receipt of disability retirement benefits. He was entitled instead to the receipt of death benefits pursuant to Fla.Admin.Code Rule 22B-4.08(1).

Burris v. Goodyear

577 So. 2d 1376 · District Court of Appeal of Florida · Apr 9, 1991

Halligan, 344 So.2d 239 (Fla. 1977), the supreme court was confronted with the question of whether an amended statute withdrawing immunity from suit in workers' compensation cases applied to permit an action for damages in … Therefore, because of the unique nature of the employment contract which governs the substantive rights of the parties, a later enactment by the legislature cannot disturb those rights, in the absence of any clearly expressed

EXPERT INSPECTIONS, LLC v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida · Jan 5, 2022

As payment, the insured assigned her policy benefits pursuant to a limited and qualified assignment of benefits agreement (“AOB agreement”). … Further, “[i]t is well established under Florida law that a debtor who receives actual notice of the assignment of . . . an obligation to pay may be held liable to the assignee if the debtor later pays the assigned debt to

Fla. Optometric Ass'n v. DEPT. OF PRO. REG., BD. OF OPTICIANRY

567 So. 2d 928 · District Court of Appeal of Florida · Sep 5, 1990

The rule at issue here, according to petitioners, allows optometrists to provide a form of treatment for which they are not qualified, and which has not been authorized by the legislature under Chapter 463. … Such action by the Agency may be used in establishing petitioner's date of receiving notice.

Seropian v. Forman

652 So. 2d 490 · District Court of Appeal of Florida · Mar 29, 1995

Moreover, even though in this case the witness was qualified as an expert on public opinion, special taxing districts and the political *498 process generally, we do not agree that he was therefore qualified to "translate … Political scientists may be qualified to give opinions on how public opinion affects political processes, especially as regards special taxing districts.

Gouveia v. Phillips

823 So. 2d 215 · District Court of Appeal of Florida · Jul 31, 2002

[E]very case I've read seems to clearly stand for the proposition that you need expert testimony *223 to establish what should have been said and done to establish informed consent when the issue is whether the consent was … [E]very case I've read seems to clearly stand for the proposition that you need expert testimony *231 to establish what should have been said and done to establish informed consent when the issue is whether the consent was

Doe v. State

587 So. 2d 526 · District Court of Appeal of Florida · Sep 27, 1991

established principle of law resulting in a miscarriage of justice. … Cohn, 420 U.S. 469 , 95 S.Ct. 1029 , 43 L.Ed.2d 328 (1975), the Supreme Court held that the press is absolutely immune from liability for truthfully publishing information released through public documents.

Burgess v. State

198 So. 3d 1151 · District Court of Appeal of Florida · Sep 2, 2016

See, e.g., § 322.34(1) (establishing violation for driving by "any person whose driver's license or driving privilege has been cancelled, suspended, or revoked"), (2) (establishing criminal offenses against "[a]ny person … See Webster's Third New Int'l Dictionary of the English Language (1966) (defining privilege, inter alia, as "a right or immunity granted a particular benefit, advantage, or favor" and "a condition of legal nonrestraint of

State v. Erber

560 So. 2d 1255 · District Court of Appeal of Florida · Apr 12, 1990

The record establishes that Judge Yawn, a retired judge, was empowered to try this cause as a circuit judge for the Fifth Judicial Circuit. … Clearly, the record in this cause still remains in Marion County.

In Re Estate of Frappier

678 So. 2d 884 · District Court of Appeal of Florida · Aug 21, 1996

We approve the following quote from the opinion of the second district: Thus, the party claiming preemption bears the burden of proof and must establish that Congress has clearly and unmistakably manifested its intent to … Thus where, as here, an ERISA is implicated by a complaint for failing to provide, arrange for, or supervise qualified doctors to provide the actual medical treatment for plan participants, federal preemption is inappropriate

Katherine Magbanua v. State of Florida

District Court of Appeal of Florida · May 31, 2019

Adelson admitted that she would testify at trial if subpoenaed by the State because she would be granted immunity for her testimony. … In this context, I believe the departure from the essential requirements of law that clearly has occurred also serves to establish irreparable harm.

Recinos v. State

420 So. 2d 95 · District Court of Appeal of Florida · Oct 19, 1982

We think, however, that the ultimate result of Bova and the foundation of that ruling just as clearly establish the correctness of the alternative ruling that the trial judge's statement of the law, even though mistaken, … The facts here qualify under both prongs of this determination.