Case law

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210 · District Court of Appeal of Florida · Dec 1, 1993

The plaintiffs have not clearly established a valid legal justification for this court to depart from the rule announced in Bowers . VI. … Homosexuals clearly constitute a suspect class under equal protection analysis, Watkins v.

Shuck v. Smalls

101 So. 3d 924 · District Court of Appeal of Florida · Dec 5, 2012

Davis, 70 So.3d 572, 573-74 (Fla.2011) (holding that section 733.212(3) bars an objection to the qualifications of a personal representative, including an objection that the personal representative was never qualified to … However, we also explained that "the trial court must make an inquiry into what the losing party knew or should have known during the fact-establishment process, both before and after suit is filed."

Walle v. State

99 So. 3d 967 · District Court of Appeal of Florida · Sep 28, 2012

Stang, 41 So.3d 206, 206 (Fla.2010) (Lewis, J., concurring) (“It is a well established principle of law that appellate review is limited to the record on appeal.”). … Walle may qualify for a lessening of his sentence. See § 921.002(l)(e), Fla.

Pensacola Junior College v. Florida Public Employees Relations Commission

400 So. 2d 59 · District Court of Appeal of Florida · May 28, 1981

However, he stated that she would not otherwise meet the test established in Palm Beach County for the determination of a confidential employee since she only prepared documents relative to policy formulation and did not … Without reiterating the evidence previously detailed, we conclude that the undisputed record evidence clearly qualifies the eight secretaries in question as confidential and the Registrar as managerial. 3 PERC urges that

Hart v. State of Florida

District Court of Appeal of Florida · Nov 7, 2025

In count II, the OSP alleged that Hart "did willfully vote in an election knowing that he is not a qualified elector, contrary to Section 104.15, Florida Statutes." … Love, 286 So. 3d at 187–88 (concluding that an amended procedural provision applied only "to those immunity hearings, including in pending cases, that take place on or after the statute's effective date").

Loper v. Weather Shield Manufacturing, Inc.

203 So. 3d 898 · District Court of Appeal of Florida · Jun 24, 2015

Of course, “[fjorbearance of bringing suit ordinarily must be communicated to the other party, however, to qualify as consideration for contract.” Id. … The general rule so stated is subject to the qualifying rule that when no time is agreed on for the complete performance of the contract, if from the object to be accomplished by it and the surrounding circumstances, it clearly

Herbert ex rel. Browning v. State

14 Fla. L. Weekly 956 · District Court of Appeal of Florida · Apr 10, 1989

The wording of the living will was clearly provided by a person other than Mrs. Browning. … The guardian asks us to clarify the conditions under which the guardian or persons acting pursuant to her decision would be immune from civil or criminal liability.

Tallahassee Furniture Co., Inc. v. Harrison

583 So. 2d 744 · District Court of Appeal of Florida · Jul 31, 1991

At the time of his arrest, Turner had clearly visible "track marks" on both arms, indicating heavy intravenous drug use, which were still apparent at the end of January 1986. … Additionally, appellant maintains that Professor White possessed no level of experience or learning that qualified him to render such an opinion. These contentions are without merit.

Krieger v. Krieger

344 So. 2d 1346 · District Court of Appeal of Florida · May 3, 1977

Although she often sought employment she was told she was too old and, due to her lack of experience, was advised by prospective employers she was not qualified. … established her entitlement to the award, having shown her need and the ability of the husband to pay.

Holman ex rel. Holman v. Goldschmidt

14 Fla. L. Weekly 2410 · District Court of Appeal of Florida · Oct 11, 1989

Abra-hamson may have been qualified to testify as to whether Dr. Soud deviated from the appropriate standard of care, 10 he is not qualified to testify that Dr. Goldschmidt was responsible for Dr. … The court held that although there was clearly concurring negligence in that case the failure to give the concurring negligence instruction was not reversible error saying: Clearly, what was before the jury was the questions

Woodard v. Jupiter Christian School, Inc.

913 So. 2d 1188 · District Court of Appeal of Florida · Oct 12, 2005

The claim of this plaintiff fits so clearly within the category of cases to which the court has expressly found it inapplicable that I see no reason to doubt our authority to reject the defense here. … There is no accepted legal rationale for supposing that the chaplain of a religious school does not qualify as clergy.

State, Department of Health & Rehabilitative Services v. South Beach Pharmacy, Inc.

635 So. 2d 117 · District Court of Appeal of Florida · Apr 12, 1994

[which] is clearly a ministerial act by the [appellate] court’s clerk.... … But, once a prevailing small business party proves that it qualifies as such under section 57.111, the agency that initiated the main or underlying proceeding has the burden to show substantial justification or special circumstances

Metropolitan Dade County v. Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh

559 So. 2d 614 · District Court of Appeal of Florida · Feb 6, 1990

It is well settled, however, that an ordinance is presumptively valid and that the burden of establishing otherwise is placed on the challenging party. Seaboard Air Line R.R. v. … Floyd Pearson does not qualify, however, as such an agent or representative. On November 1, 1983, upon WASA’s abolition, its relationship with the firm terminated. Cf. Brickell v.

Johnson v. State

578 So. 2d 419 · District Court of Appeal of Florida · Apr 18, 1991

It was established by the evidence that appellant consumed cocaine knowing that the cocaine would pass to her soon-to-be-born fetus. … It is well-established that the effects of cocaine use by a pregnant woman on her fetus and later on her newborn can be severe.

Mobley v. State

215 So. 2d 90 · District Court of Appeal of Florida · Oct 30, 1968

Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.' 287 U.S., at 68-69, 53 S.Ct., at 64, 77 L.Ed. 158 ." … The attorney assisting the defendant in his defense against a charge of crime is the agent of the defendant in a qualified and limited sense and in the exercise of his professional judgment and discretion he need not at every

Cancino v. Cancino

273 So. 3d 122 · District Court of Appeal of Florida · Feb 13, 2019

Turning to the issue on appeal, the wife argues that the Probation Order must be reversed because the evidence failed to establish that she intentionally violated a clear and precise court order. … The judgment required the parties to work cooperatively to resolve any disputes, and if they were unable to do so on their own, they were required to consult with a reasonably qualified

City of Hialeah Gardens v. Dade County

348 So. 2d 1174 · District Court of Appeal of Florida · Jul 12, 1977

The ordinance was passed by a more than two-thirds vote of the members of the Board of County Commissioners and approved by a majority of the qualified electors of Dade County in accordance with Section 1.01(A)(14)(a) of … In this regard, the record clearly reflects that Virginia Gardens was allowed to intervene solely for the purpose of reviewing the propriety of the trial court's ruling insofar as it expressly applied to municipalities which

Marganet v. State

927 So. 2d 52 · District Court of Appeal of Florida · Mar 31, 2006

Infante-Ruiz, 13 F.3d 498, 504-505 (1st Cir.1994) (when third party consent to search vehicle and trunk is qualified by a warning that the briefcase belonged to another, officers could not assume without further inquiry that … For the same reason, the evidence is also insufficient to establish apparent authority on the part of Pinero to consent to a search.

Neal v. State

142 So. 3d 883 · District Court of Appeal of Florida · May 20, 2014

Appellant stipulated to his prior convictions as presented by the State and the court found that he qualified as an HFO. § 775.084, Fla. Stat. The State and Appellant each presented argument regarding sentencing. … We refrain from establishing practice requirements for Anders briefs in detail not already described by the United States Supreme Court and the Florida Supreme Court.

Miller v. Williams

300 So. 2d 752 · District Court of Appeal of Florida · Sep 12, 1974

Professional service corporations, authorized by Chapter 621, Florida Statutes, are designed primarily for the purpose of allowing various professions to form organizations that would legitimately qualify for certain tax … Such an interpretation clearly is a substantial impairment upon Miller's further employment and association, and if the contract were so construed it would be invalid under F.S. 542.12.