Case law

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.

A.D. v. Department of Health & Rehabilitative Services

639 So. 2d 639 · District Court of Appeal of Florida · Jul 1, 1994

It may be that HRS could have given greater assistance to A.D. over the eight years of dependency, but her own conduct clearly and convincingly established abandonment of the two younger children for purposes of section 39.464 … It appears that the Florida Legislature enacted the statute mandating guardians, section 415.-508, in order to qualify for federal funds. See Child Abuse and Neglect Prevention and Treatment, 45 C.F.R. § 1340.14 (1990).

Philip Morris USA Inc. v. Caro

207 So. 3d 944 · District Court of Appeal of Florida · Dec 7, 2016

It reasoned that once the plaintiff proved class membership, the Engle I findings conclusively established her claims. … The Florida Supreme Court has allowed former qualified class members to rely on several of the liability findings from the class action in the context of their own individual lawsuits. Engle v.

Beaulieu v. State

671 So. 2d 807 · District Court of Appeal of Florida · Mar 15, 1996

STATE , REQUIRE APPLICATION OF THE FRYE STANDARD OF ADMISSIBILITY TO TESTIMONY BY A QUALIFIED PSYCHOLOGIST THAT THE ALLEGED VICTIM IN A CHILD SEX ABUSE CASE EXHIBITS SYMPTOMS CONSISTENT WITH THOSE OF A CHILD WHO HAS BEEN … Brietstein's testimony clearly confirmed that "T." had, in fact, been sexually abused.

Bariana v. Florida Health Sciences Center, Inc., D/B/A Tampa General Hospital

District Court of Appeal of Florida · May 16, 2025

Valuable confidential business or professional information that otherwise does not qualify as trade secrets. 6  3. … Even if section 542.336 were not applicable, the evidence clearly demonstrated that the agreement's restrictions on Dr.

Steiner v. State

10 Fla. L. Weekly 1261 · District Court of Appeal of Florida · May 21, 1985

been employed to provide a description of a matter of legal substance, 3 the entire clause amounts to a tautology: a “clear and convincing” reason is one which is ultimately deemed acceptable on review, that is, one which clearly … State, 454 So.2d 90 (Fla. 2d DCA 1984), or specifically does not qualify for such an inclusion. Jean v. State, 455 So.2d 1083 (Fla. 2d DCA 1984); Bogan v. State, 454 So.2d 686 (Fla. 1st DCA 1984); contra Albritton v.

State of Florida v. Michelle Lynn Howard

District Court of Appeal of Florida · May 9, 2025

In order to be immune from violating the statute at issue, one must drive their vehicle “as nearly as practicable entirely within a single lane[,]” and in addition, the vehicle “shall not be moved from such lane until the … Regardless of whether Howard affected any traffic or endangered anyone, his testimony established that the vehicle was not driven as nearly as practicable within a single lane.

Harrison v. State

33 So. 3d 727 · District Court of Appeal of Florida · Mar 25, 2010

It was in an effort to establish this defense that Mr. Harrison’s trial counsel sought to call Dr. Larson as an expert witness. … Where so many years elapse between an alleged touching and allegations that the touching occurred, there is clearly an “unusual circumstance[ ]” within the meaning of cases like Florida Power Corp. v.

Daniel Julio Dominguez v. State of Florida

District Court of Appeal of Florida · Mar 18, 2026

The State argued that Dominguez’s posting of the video to social media qualified as a threat to conduct an act of terrorism. … There is no dispute that there was sufficient evidence to establish the first element of terrorism.

Hanniford, Hanniford v. United Services Automobile Association

District Court of Appeal of Florida · Jul 30, 2025

Lanpher’s e-mails used the firm’s logo, listed him as an “Attorney,” and did not limit or qualify his status or authority in any way. … The record does not establish how long the firm knew that Mr. Funderburk would be leaving—though that is a relevant question. His last day with the firm was July 14, a Friday.

In Re JT

947 So. 2d 1212 · District Court of Appeal of Florida · Jan 26, 2007

We note that the Third Amended Administrative Order No. 2005-18.4 of the Twelfth Judicial Circuit established five administrative divisions: civil, criminal, family, juvenile, and probate/guardianship. … Rule 9.130 is clearly written to regulate the appeal of nonfinal orders. The civil order on appeal in this case is not included in subsection (3) of rule 9.130.

COMPTECH INTERN. v. Milam Commerce Park

711 So. 2d 1255 · District Court of Appeal of Florida · May 20, 1998

In my view, a landlord-caused injury to a tenant's property within the leased premises qualifies as property damage for purposes of the economic loss doctrine, and the tenant may sue in tort. A. … But the dissent misses the point that in order to qualify as "other property," the damaged items must not have been within the contemplation of the parties' bargain.

Argandona v. Lloyd's Register of Shipping

656 So. 2d 1311 · District Court of Appeal of Florida · May 3, 1995

It is common knowledge (and fully established in this record) that the Lloyd’s entities are headquartered in London, England and have their principal places of business there. … Resha, 648 So.2d 1187 (Fla.1994) (determining to follow federal interlocutory review procedure for review of trial court orders denying qualified immunity). .

MAB v. State

957 So. 2d 1219 · District Court of Appeal of Florida · Apr 27, 2007

s waiver was invalid because the State failed to establish that it was knowing and voluntary. … However, when the warning qualifies the accused's right to an attorney, federal courts have generally held the warning to be deficient under Miranda.

Smith v. Atlantic Boat Builder Co.

356 So. 2d 359 · District Court of Appeal of Florida · Mar 13, 1978

Clearly the bank has liens perfected under security agreements in its favor. Equally clearly the appellants have alleged liens pursuant to *363 F.S. 713.60. The issue therefore is which lien has priority. … Comment 19C F.S.A. 198) contrary to established principles. Compare County of Pinellas v. Clearwater Federal Savings & Loan Ass'n, 214 So.2d 525 (Fla. App.2d 1968).

Pesci v. State

963 So. 2d 780 · District Court of Appeal of Florida · Jul 18, 2007

Jenkins is, therefore, clearly distinguishable. See Masters v. … Lastly, Pesci was permitted to cross-examine the doctors regarding the evidence and clearly established that the information regarding the New York incident was untested hearsay.

Tolbert v. State

154 So. 3d 1141 · District Court of Appeal of Florida · Jun 18, 2014

In this case, the State failed to establish any link between the handgun found in the *1143 trash bag and the charged crime of trafficking; the evidence involving the gun was therefore irrelevant. … The test is not a sufficiency-of-the-evidence, a correct result, a not clearly wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test....

In Re Estate of Van Meter

214 So. 2d 639 · District Court of Appeal of Florida · Oct 16, 1968

The crucial qualifying feature is that such resident owner must be the head of a family consisting of himself and at least one other person living together therein in relationship of one family. … The opinion in *643 Croker amplifies this thought, applicable here, in the following language: "It is also clearly settled by the Florida decisions that while `the provisions of the homestead laws should be carried out in

In Re Lubbe's Estate

142 So. 2d 130 · District Court of Appeal of Florida · May 2, 1962

An examination shows those cases to be clearly distinguishable from the instant situation. See Trotter v. Van Pelt, 1940, 144 Fla. 517 , 198 So. 215 , 131 A.L.R. 1018 ; 34 Fla.Jur., Wills, § 112. … the share of the estate which would be distributed to him if the will were not established." [2] Fla.

Ferk Family, Lp v. Frank

240 So. 3d 826 · District Court of Appeal of Florida · Feb 28, 2018

Erred in finding Ferk Family failed to establish a viable damage model. III. ANALYSIS a. … asserts that its claims against the counter/third-party defendants were authorized under Florida law because not only was there the requisite direct harm and special injury to Ferk Family but, in addition, its claims qualified