Case law

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.

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

District Court of Appeal of Florida · Nov 13, 2019

However, the Department has not established that it lacks the ability to satisfy the judgments in full or in part. … "To the extent [] a statute conflicts with express or clearly implied mandate[s] of the Constitution, the statute must fa[l]l." Id. at 142.

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

Reimsnyder v. Southtrust Bank, NA

846 So. 2d 1264 · District Court of Appeal of Florida · Jun 11, 2003

As the facts clearly demonstrate, actual fraud occurred in this transaction, not negligent misrepresentation. … However, the court qualified this duty, stating, "[t]he duty is particularly clear when the party *1269 answering the inquiry benefits directly from the actions of the inquiring party.

ANDREW WILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida · Jul 15, 2020

And the sign had like a black line that you can clearly see. So I used that to gauge the height by measuring from that line down. … We agree that the detective could not qualify as an expert or give expert opinion on the height based upon the photographs.

State of Florida, Department of Corrections v. Carolann Bracewell and Ted Jeter

220 So. 3d 1228 · District Court of Appeal of Florida · May 19, 2017

In the employment law context, cat’s paw liability refers to a situation in which a biased subordinate, who lacks decisionmaking power, “clearly causes the tangible employment action, regardless of which individual actually … Ball State University, the Court answered the question left unresolved by Ellerth: “who qualifies as a ‘supervisor’ in a case in which an employee asserts a Title VII claim for workplace harassment?” 133 S.

Tribune Co. v. Approved Personnel, Inc.

121 So. 2d 465 · District Court of Appeal of Florida · Jun 14, 1960

Contrary to but paraphrasing the rule laid down by the majority in the former appeal, I suggest that none except those persons specified by F.S. § 47.17, F.S.A., as qualified to accept service of process on behalf of corporations … The venue statute, in its relation to domestic corporations, is clearly designed to limit — to a particular county or justice’s district — the place where suits may be commenced against such corporation.

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

District Court of Appeal of Florida · Nov 13, 2019

However, the Department has not established that it lacks the ability to satisfy the judgments in full or in part. … "To the extent [] a statute conflicts with express or clearly implied mandate[s] of the Constitution, the statute must fa[l]l." Id. at 142.

Gazoombi v. State of Florida

District Court of Appeal of Florida · Mar 20, 2025

It also found from Gazoombi’s statements and prior conduct that he clearly knew what he did, at the time, was wrong. … The court having determined Gazoombi qualified as an HFO, the sentencing range was twenty-four months (or two years) at the low end and ten years at the high end.

Jones v. Goodyear Tire & Rubber Co.

871 So. 2d 899 · District Court of Appeal of Florida · Nov 12, 2003

This test requires the scientific principle or discovery underlying an expert's opinion to be "sufficiently established to have gained general acceptance in the particular field in which it belongs." … Since the jury clearly found that Jones was injured by the tire in question, the tire is deemed a "public hazard."

Edward A. Crapo, in his capacity as Alachua County Property Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corporation

District Court of Appeal of Florida · Jul 8, 2019

A claimant bears the burden of clearly showing its entitlement to a tax exemption. Id. at 1258. … In this District, application of res judicata to quasi-judicial decisions of administrative bodies has been clearly established for decades. In Holiday Inns, Inc. v.

Frappier v. Wishnov

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

Lidiano v. State

967 So. 2d 972 · District Court of Appeal of Florida · Oct 24, 2007

Retureta's establishment, he had in fact frequented the establishment, ate and drank there two to three days a week, and the two men knew each other quite well. Because Lidiano was well-known to Mr. … The discussion which follows, quoted in the majority opinion, establishes that Ms.

Martyn v. FIRST FED. SAV. & L. ASS'N OF W. PALM BEACH

257 So. 2d 576 · District Court of Appeal of Florida · Dec 15, 1971

Florida law holds that a mortgage is specifically not a conveyance of the legal title or of the right of possession; therefore, the transfer of a mortgage or a contract to give a mortgage would not qualify as a sale. … This issue was not raised and the record clearly reflects that such ruling was premature and violative of the summary judgment rule. F.R.C.P. 1.510, 31 F.S.A., Holl v. Talcott, Fla. 1966, 191 So.2d 40 .

Chavez v. City of Tampa

560 So. 2d 1214 · District Court of Appeal of Florida · Mar 16, 1990

The statute clearly contemplates *1217 a judicial proceeding in a court of law, before a judicial officer, by the plain meaning of "civil action ... for damages or injury." … The legislature has not qualified that by forbidding a vote only where the private interest predominates or outweighs the public interest, or even where the private interest is present in equal measure to the public one.

Preston v. Gee

133 So. 3d 1218 · District Court of Appeal of Florida · Mar 14, 2014

This provision clearly contemplates that the accused either has not been arrested on the charge or has been granted pretrial release following his or her arrest. … That said, the CRA in this case failed to establish that the proof of Preston’s guilt was evident or the presumption great.

HSBC Bank USA v. Buset

241 So. 3d 882 · District Court of Appeal of Florida · Feb 7, 2018

Fairbanks Capital Corp., 888 So. 2d 725, 727 (Fla. 5th DCA 2004) (noting that “[a] promissory note is clearly a negotiable instrument within the definition of section 673.1041(1)”). … An entity may qualify as a “person entitled to enforce” for several reasons, but the most common reason is that the entity is “the holder of the instrument.” Id.

FREDERICK JOHNSON v. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP

District Court of Appeal of Florida · Apr 12, 2024

A common misnomer is that a company immunizes itself from negligence claims simply by adopting a safety policy and arguing that its standards cannot be the basis for a legal duty in tort. That is incorrect. … The policy clearly established that Walmart understood that confronting shoplifting suspects elevates the risk of harm to customers and employees.

West Flagler Associates, Ltd. v. Florida Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

216 So. 3d 692 · District Court of Appeal of Florida · Apr 4, 2017

Our analysis begins by recognizing that the “construction of a statute by an agency responsible for its administration is entitled to great weight and should not be overturned unless clearly erroneous.” … Under the first sentence of section 550.0745(1), a qualified pari-mutuel permittee “may apply to the division to convert its permit to a permit to conduct a summer jai alai fronton” when its “mutuel play from the operation

City of Miami v. Emilio Tomas Gonzalez

District Court of Appeal of Florida · Jul 31, 2025

Its governing body shall, within 120 days after adopting a resolution or after the certification of a petition of ten percent of the qualified electors of the municipality, draft or have … Town of Medley, 180 So. 2d 457, 460 (Fla. 1965) (“We see no express authorization in [the Home Rule Amendment] that could be taken as immunizing the home rule charter, ordinances enacted in pursuance thereof, or charters