Case law

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

Interest of A.A. v. State

605 So. 2d 106 · District Court of Appeal of Florida · Aug 13, 1992

Obviously, the power to make laws has been delegated to the legislature under article III, section 1 of our constitution, and the legislature has clearly set forth a legislative policy criminalizing escapes. … heap composed of other discarded or ignored judicial doctrines, e.g., privity between consumer and manufacturer as a prerequisite to legal action, contributory negligence as a bar to legal action, caveat lessee, sovereign immunity

Jose Martinez v. State of Florida

169 So. 3d 170 · District Court of Appeal of Florida · Jun 3, 2015

The trial court denied the motion finding that the defendant did not establish an illegal sentence that could be remedied under Rule 3.800(a). … In Grant, we explained that section 775.087(4) “explicitly defines ‘possession’ in a way that narrows the type of constructive possession that qualifies for the mandatory minimum sentence.” Id. at 1086.

University of Miami v. Great American Assurance Co.

112 So. 3d 504 · District Court of Appeal of Florida · Feb 20, 2013

requiring separate counsel where “it would be in [one co-defendant’s] best interest to present a defense that he was an agent of [the other co-defendant], while it would be in [the other co-defendant’s] best interest to establish … On these facts, we believe this legal dilemma clearly created a conflict of interest between the legal defenses of the common insureds sufficient to qualify for indemnification for attorney’s fees and costs for independent

Cassisi v. Maytag Co.

396 So. 2d 1140 · District Court of Appeal of Florida · Apr 28, 1981

Barker qualified its prior holding in Cronin as to design defects only by applying to them the following two-pronged test: First, a product may be found defective in design if the plaintiff establishes that the product failed … within the dryer. [14] There is authority for appellee's position, and it is exemplified most clearly by the New Jersey rule, the leading case being Jakubowski v.

Garrido v. Markus, Winter & Spitale Law Firm

358 So. 2d 577 · District Court of Appeal of Florida · May 9, 1978

However, this is not the only element that the movant must establish. … The record fails to establish any excusable reason for the plaintiff-appellant's delay in naming the proper parties defendant after they had due actual notice thereof."

Reed v. State

192 So. 3d 641 · District Court of Appeal of Florida · May 27, 2016

Expert testimony established that Reed's pit bulls were only aggressive toward other dogs, not humans. … To suggest otherwise is to propose that every professional dogfighter must serve a state prison sentence, which is clearly in contravention of the diversionary intent behind section 775.082(10).

Schwab v. Tolley

345 So. 2d 747 · District Court of Appeal of Florida · Apr 1, 1977

Fager, Sussman, and Guttman, did not establish that negative as a matter of law. Thus the factual dispute was properly submitted to the jury. … His testimony, taken in its entirety, clearly reveals this.

State v. Rubio

917 So. 2d 383 · District Court of Appeal of Florida · Dec 30, 2005

The statute is not vague and clearly prohibits fees based on the referral of patients. … If the Legislature fails to establish the unit of prosecution clearly and without ambiguity, the courts must resolve any doubt as to legislative intent by application of the rule of lenity. [7] Bautista; McKnight; State v

Kenneth Isaac Parkerson v. State of Florida

163 So. 3d 683 · District Court of Appeal of Florida · Apr 29, 2015

“As a result, the party challenging the constitutionality of a statute bears a heavy burden of establishing its invalidity.” Montgomery v. State, 69 So. 3d 1023, 1026 (Fla. 5th DCA 2011) (citation omitted). … These qualifying words exclude the defendant’s hypothetical situation where a defendant is charged with voyeurism for observing another person with their knowledge and consent.

School Board of Hillsborough County v. Tampa School Development Corp.

113 So. 3d 919 · District Court of Appeal of Florida · Jan 25, 2013

The procedural posture in which this matter came before the ALJ establishes that Trinity was not applying for a new charter. Moreover, the School Board’s decision does not qualify as a charter termination or nonrenewal. … The ALJ concluded: The facts clearly showed that both of the charter schools operate and function as one school, sharing many of the same resources.

Maxwell v. State

974 So. 2d 505 · District Court of Appeal of Florida · Feb 1, 2008

In its response to Maxwell's petition, the State admitted that Maxwell's "competency to proceed with sentencing has not been *509 established and, in fact, his competency is in question." … Clearly, the trial court was presented with reasonable grounds to question Maxwell's mental competence to be sentenced.

State v. Stephens

586 So. 2d 1073 · District Court of Appeal of Florida · Oct 17, 1991

Under both, intent to steal the car itself should qualify as "an offense" or "a felony or theft." … The evidence at trial established that Stephens and an accomplice broke into Robert Wallace's Pontiac in Daytona Beach.

Von Eiff v. Azicri

699 So. 2d 772 · District Court of Appeal of Florida · Sep 17, 1997

While we recognize the vital importance of the parental right to make childrearing decisions, well-established precedent clearly provides that the rights and concerns of the child must ultimately control. [2] See State ex … The right of privacy guaranteed by article I, section 23 does not confer complete immunity *781 from governmental intrusion into the private lives of Floridians and will yield to compelling governmental interests.

Maxwell v. Good Samaritan Hospital Ass'n

161 So. 2d 31 · District Court of Appeal of Florida · Jan 31, 1964

From certain cases of various jurisdictions, there has evolved a majority view supportive of the proposition that tax exemption of a hospital which qualifies for it under constitutional or statutory requirements extends to … The more narrow view expressed by the Mississippi court, however, as to the taxing of nurses’ living quarters maintained by the hospital is clearly contrary to the weight of authority.

Grover v. Brumell Investigations, Inc.

915 So. 2d 750 · District Court of Appeal of Florida · Dec 9, 2005

Grover applied for and received an initial determination that he was discharged for reasons other than misconduct and was qualified for benefits. … The record clearly demonstrates that this was the very issue under consideration by the Division from the beginning of the claims pro *754 cess.

Non-Parties v. League of Women Voters of Florida

150 So. 3d 221 · District Court of Appeal of Florida · Jun 19, 2014

Standards for establishing congressional district boundaries. — In establishing congressional district boundaries: (a) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political … Standards for establishing legislative district boundaries. — In establishing legislative district boundaries: (a) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or

Ei Du Pont De Nemours v. Aquamar Sa

881 So. 2d 1 · District Court of Appeal of Florida · Mar 31, 2004

position that Benlate is the cause of a disease known as Taura Syndrome and that Taura Syndrome either directly caused the shrimp deaths or exposure to benomyl, the active ingredient in Benlate, had so weakened the shrimp's immune … The last of these theories was not as clearly defined at trial as the others. Based upon counsel's closing argument, however, it appears the theories underlying the claim were two-fold.

In Re Tj

59 So. 3d 1187 · District Court of Appeal of Florida · Apr 20, 2011

For purposes of this subsection, "establish or maintain a substantial and positive relationship" includes, but is not limited to, frequent and regular visitation or frequent and regular communication to or with the child, … Section 39.502 of the Florida Statutes clearly states that until a parent's rights are terminated, that parent must be notified of all proceedings involving a child: (1) Unless parental rights have been terminated, all parents

Kersey v. State

124 So. 2d 726 · District Court of Appeal of Florida · Dec 1, 1960

order of an able trial judge who has "lived with" this case for several years, who had opportunity to observe the witnesses before him and to evaluate their testimony, and who by experience and training is certainly better qualified … We conclude that the record, taken as a whole, clearly establishes the right of the appellants to have their three remaining children restored to them and that the trial Court misinterpreted the legal effect of the evidence