Case law

Mena v. J.I.L. Construction Group Corp.

79 So. 3d 219 · District Court of Appeal of Florida · Feb 15, 2012

We affirm the order granting summary judgment for Slorp because Slorp is not estopped from asserting immunity and is otherwise entitled to immunity under the Worker’s Compensation Act. … For the possibility of estoppel to arise, however, the employer’s assertion of worker’s compensation immunity must be “clearly irreconcilable” with the reason for its initial denial. Kent, 966 So.2d at 981 ; Ashby v.

WPB RESIDENTS FOR INTEGRITY IN GOVERNMENT, INC. v. SHARON "SHANON" MATERIO

District Court of Appeal of Florida · Oct 30, 2019

Resha, 648 So. 2d 1187 (Fla. 1994),] [w]e held that an order denying summary judgment based upon a claim of qualified immunity should be subject to interlocutory review to the extent that the order turns … Rather, we requested the Florida Bar Appellate Court Rules Committee to submit a proposed amendment that would add a category of non-final orders for qualified immunity in a federal civil rights claim

Brown v. City of Vero Beach

64 So. 3d 172 · District Court of Appeal of Florida · Jun 29, 2011

Thus, on its face, the statute clearly and unambiguously shows the legislature’s intent to limit the statutory waiver of sovereign immunity it created in section 768.28, Florida Statutes. … standard size, shape, color, and definition for each warning and safety flag. (4) The Department of Environmental Protection is authorized, within the limits of appropriations or grants available to it for such purposes, to establish

Allstates Fireproofing, Inc. v. Garcia

876 So. 2d 1222 · District Court of Appeal of Florida · Jun 9, 2004

The case law is well established that conclusory allegations unsupported by ultimate facts are insufficient to overcome the exclusivity of workers' compensation immunity. … Consequently, the facts of this case do not rise to the level of an intentional tort to qualify as an exception under Turner, 754 So.2d at 686 .

Jones v. City of Longwood, Florida

404 So. 2d 1083 · District Court of Appeal of Florida · Sep 23, 1981

We also agree with the city's contention before the trial court that its duty to inspect under this ordinance was necessarily qualified, since the building inspector and fire chief were not authorized to enter upon private … But the majority upholds the summary judgment because, as a matter of law, proximate cause could not be established because the operational level function of the inspector is just the first step in the chain of events which

PARKWAY GENERAL HOSP., INC. v. Allinson

453 So. 2d 123 · District Court of Appeal of Florida · Jul 10, 1984

case such as this; where the allegations are that the respondent successfully practiced at petitioner hospital for over two years; that the suspension of staff privileges is a direct result of his problems with a better established … Moreover, the fact that an announced privilege existed did not stop the filing of defamation suits because it was only a "qualified" privilege; a privilege dependent upon the participants acting "without malice or fraud."

CITY OF PEMBROKE PINES v. CORRECTIONS CORPORATION OF AMERICA, INC.

274 So. 3d 1105 · District Court of Appeal of Florida · May 29, 2019

CCA maintained the evidence at trial established that the City’s conduct created a duty to provide utilities. … As stated above, we conclude that the decision was clearly discretionary in nature.

Sunset Beach Investments, LLC v. Kimley-Horn & Associates, Inc.

207 So. 3d 1012 · District Court of Appeal of Florida · Jan 4, 2017

Sunset Beach’s test would require courts to decide what qualifies as “special education,” what qualifies as “training,” what is acceptable “experience,” and related issues. … These statutory definitions clearly indicate that being an “engineer intern” does not make a person an engineer.

United Services Auto. Ass'n v. Crews

614 So. 2d 1213 · District Court of Appeal of Florida · Mar 10, 1993

Clearly, if documents ordered produced are protected attorney-client matters, they are absolutely immune from disclosure. … Contrary to the trial court's ruling, the evidence clearly established that the "in-house" counsel, at least some of the time, were functioning as attorneys, giving protected legal advice to USAA.

Kellums v. Freight Sales Centers

10 Fla. L. Weekly 1055 · District Court of Appeal of Florida · Apr 25, 1985

Robert was contacted by National and made several statements regarding Kellums, which, if not true, would have been clearly slanderous. Contending that these statements were false, Kellums sued appellees for slander. … Certainly no reasons of policy can be found for conferring immunity upon the foolish and reckless defamer who blasts an innocent reputation without making any attempt to verify his statements; but on the other hand there

Jackson v. Navarro

665 So. 2d 340 · District Court of Appeal of Florida · Dec 27, 1995

The Supreme Court affirmed the court of appeals, concluding that neither the common law nor public policy require absolute immunity, and that the trooper who obtained the warrant was only entitled to qualified immunity: Defendants … will not be immune if, on an objective basis, it is obvious that no reasonably competent officer would have concluded that a warrant should issue; but if officers of reasonable competence could disagree on this issue, immunity

Dickinson v. Gonzalez

839 So. 2d 709 · District Court of Appeal of Florida · Jan 2, 2003

Trooper Gipson complains of procedural error with regard to her motion for summary judgment on the basis of qualified immunity. … However, we do not understand Trooper Gipson to be arguing on this appeal that she was, in fact, entitled to qualified immunity. That being so, we do not address the issue further. VI.

FLORIDA POWER & LIGHT COMPANY v. REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC

District Court of Appeal of Florida · Dec 11, 2019

We dismiss the petition for failure to establish irreparable harm necessary for certiorari jurisdiction. … P. 9.130(a)(3)(C)(v) (“workers’ compensation immunity”); Fla. R. App. P. 9.130(a)(3)(C)(vii) (“absolute or qualified immunity in a civil rights claim arising under federal law”); Fla. R. App.

CITY OF MIAMI v. LYN M. ROBINSON

District Court of Appeal of Florida · May 31, 2023

Florida Statutes section 768.28 clearly and unequivocally provides for waiver of sovereign immunity in certain tort actions against a governmental entity. … The City presented a factual predicate establishing nonwaiver of sovereign immunity under sections 768.28(1) and 768.28(9).

Willis A. Smith Construction, Inc. v. Keathley, the Board of Trustees of the University of South Florida

District Court of Appeal of Florida · Apr 24, 2026

WASC claimed workers' compensation immunity as an affirmative defense, arguing that Mr. Keathley was its statutory employee and that therefore it was immune from tort liability. … project, it did not establish that it sublet any part of that contractual obligation to West Shore.

Underwood v. University of Kentucky

390 So. 2d 433 · District Court of Appeal of Florida · Nov 18, 1980

The record does not clearly reflect which provision of the Florida long-arm statute the plaintiff sought to employ in bringing the defendants within the jurisdiction of the court. … The author Lyon does not, of course, share in this immunity.

Horn v. State, Department of Transportation

665 So. 2d 1122 · District Court of Appeal of Florida · Jan 4, 1996

Courts which have considered the question have concluded that section 763a “and its legislative history[] clearly evidence a Congressional intent to establish a uniform statute of limitations, consistent with the well-established … Port of Houston Auth., 702 F.2d 612 (5th Cir.1983) (notice *1126 requirement clearly intended by state as limitation on waiver of sovereign immunity as to tort claims generally controls, notwithstanding fact that claim is

Andries v. Royal Caribbean Cruises, Ltd.

12 So. 3d 260 · District Court of Appeal of Florida · May 13, 2009

He testified that a staph infection is characterized by antigens that precipitate an immune response and the production of antibodies which are believed to accumulate in the glomeruli (essentially the filtration tubes in … The nephropathy only develops in a fraction of the individuals exposed to a staph infection, and the reasons for differences in susceptibility are not clearly understood. 5 . See Meirell Dow Pharms., Inc. v.

McGraw v. R and R Investments, Ltd.

877 So. 2d 886 · District Court of Appeal of Florida · Jul 20, 2004

These signs shall be placed in a clearly visible location near to where the equine activity begins. … Clearly, a mandatory, not a directory, interpretation of the word "shall" is required. As was observed in Allied Fidelity Insurance Co. v.

University of Florida Board of Trustees v. Stone

92 So. 3d 264 · District Court of Appeal of Florida · Jun 21, 2012

To overcome the immunity provided by the Act, the plaintiff was required to establish that the defendant acted with “reckless disregard” for the consequences to the life or health of another. Id. … The record refutes this tipsy-coachman argument and establishes that AGH was providing services to Mr.