Case law

Coral Gables v. STATHERS MEMORIAL LODGE 7

976 So. 2d 57 · District Court of Appeal of Florida · Feb 6, 2008

The Union suggests the Commission's "special expertise in addressing labor issues," and that it has been found to be "uniquely qualified to interpret and apply the policies enunciated in chapter 447[,]" see Cagle v. St. … First, the "unambiguous statement" exception articulated in City of Orlando, see City of Orlando, 13 FPER ¶ 18218 at 517, is directly contrary to established law.

HINES ELEC. v. McClure

616 So. 2d 132 · District Court of Appeal of Florida · Mar 25, 1993

Inclusion of the language "may review" in Rule 4.160(b) clearly expresses the intent of the drafters that review not be as a matter of right. [3] In addition, neither the text of the amended rule nor the commentary accompanying … This mixing of terms leads to the conclusion that the drafters of this new rule were not sure whether they were creating review by petition or review by appeal. [4] There is a "bare bones" procedural mechanism established

Pinellas County v. City of Largo

964 So. 2d 847 · District Court of Appeal of Florida · Sep 19, 2007

The Act, a general law, establishes procedures for adjusting municipal boundaries. … Section 171.071 provides that Municipalities within the boundaries of Dade County shall adopt annexation or contraction ordinances pursuant to methods established by the home rule charter established pursuant to s. 6(e),

Markus v. State

160 So. 3d 488 · District Court of Appeal of Florida · Feb 27, 2015

This Court has recognized that “[war-rantless searches or arrests conducted in a constitutionally protected area ... are per se unreasonable unless they fall within one of the five established exceptions to the search warrant … Although the majority in Gasset did not use the phrase “exigent circumstance,” the high-speed chase on the public roadways clearly presented a danger to the public, the defendant, and police officers, thus qualifying for

Challancin v. Florida Land & Water Adjudicatory Commission

12 Fla. L. Weekly 2179 · District Court of Appeal of Florida · Sep 9, 1987

“The State of Florida has a clearly stated policy of restoring and protecting Lake Okeechobee. … establishes.

McCarron v. State

185 So. 3d 666 · District Court of Appeal of Florida · Feb 10, 2016

Defense counsel did not claim that the knife qualified as a "common pocketknife" and thus did not qualify as a weapon. See § 790.001(13), Fla. Stat. (2013); Bunkley v. State, 882 So. 2d 890, 894-96 (Fla. 2004); L.B. v. … Clearly, clearly somebody on sex-offender probation is not to be in possession of these combat-style folding knives.

Johnson v. State

117 So. 3d 1238 · District Court of Appeal of Florida · Jul 10, 2013

regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the customary custodian or other qualified … Furthermore, unlike in Johnson , the chain of custody was clearly established by Detective Signori, who received the rape treatment kit containing the report and the specimen from Dr.

North Broward Hospital District v. Kalitan

174 So. 3d 403 · District Court of Appeal of Florida · Jul 1, 2015

The plurality opinion found that “the available evidence fails to establish” such a legitimate relationship, id., as “[r]eports have failed to establish a direct correlation between damages caps and reduced malpractice premiums … The record clearly evidences that the University did not expressly agree to try the issue and any claim of implied consent fails.

Gulf Coast Hosp., Inc. v. DEPT. OF HEALTH & REHABILITATIVE SERVICES

424 So. 2d 86 · District Court of Appeal of Florida · Dec 16, 1982

The contemporaneous construction of a statute by the executive officials who administer it should be rejected only if clearly erroneous. King v. Seamon, 59 So.2d 859 (Fla. 1952); ABC Liquors, Inc. v. … ., provides, in pertinent part, that: (1) Any hospital licensed under this chapter in considering and acting upon applications for staff membership or professional clinical privileges shall not deny the application of a qualified

City Commission of Fort Pierce v. State Ex Rel. Altenhoff

143 So. 2d 879 · District Court of Appeal of Florida · Jul 25, 1962

Clearly, under the above two charter provisions, the City has been given a broad power to legislate by municipal ordinance for the general welfare and health *888 of the populace. … There are dissenters to many established and proved scientific practices which are accepted today.

Matter of Surface Water Mgmt. Permit

515 So. 2d 1288 · District Court of Appeal of Florida · Sep 9, 1987

"The State of Florida has a clearly stated policy of restoring and protecting Lake Okeechobee. … establishes.

Gulf Power Co. v. Kay

11 Fla. L. Weekly 1893 · District Court of Appeal of Florida · Sep 3, 1986

Noa involved the meaning of the term "service lines" as used in a duly adopted regulation clearly applicable to the defendant gas pipeline. … The standards established by this manual are intended for use on all new construction projects.

Washington v. State

737 So. 2d 1208 · District Court of Appeal of Florida · Jul 27, 1999

Propriety of the State’s Deathr-Qualifying the Jury The State may not death-qualify a jury in a case in which it appears the death penalty may not be imposed as a matter of law. Reed v. … State, 496 So.2d 213 (Fla. 1st DCA 1986) (trial court’s erroneously permitting jury to be death-qualified resulted in number of otherwise qualified prospective jurors’ being eliminated from participation in homicide prosecution

Arias v. State, Department of Business & Professional Regulation, Division of Real Estate

710 So. 2d 655 · District Court of Appeal of Florida · Apr 22, 1998

Clearly, no guidelines have been established for instances of violation of “a duty imposed ... by law.” In Morey’s Lounge, Inc. v. … At the hearing before the commission, the licensee explained in pertinent part: So I referred to the owner that I found a very nice couple, that they want to rent the house, and they qualify and they have the money.

Heftler Construction Co. & Sub. v. Depart. of Rev.

334 So. 2d 129 · District Court of Appeal of Florida · Jun 22, 1976

Petitioner is a corporation duly organized under the laws of the State of New Jersey and qualified to do business in the State of Florida. "2. … This amendment clearly illustrates the legislative intent to exclude Puerto Rican sales, property and payroll from the demoninator [sic] in the apportionment formula.

Wiggins v. Parson

446 So. 2d 169 · District Court of Appeal of Florida · Feb 2, 1984

However, in this case it is clearly established that the owner-depositor of the credit union account, Cooper, made a completed inter vivos gift of the funds to her three siblings, Broadhead, Parson and Howell, when she removed … Super. 258 , 80 A.2d 445 (1951). [1] The word "wrongful" must be qualified.

Essenson v. Bloom (In re Bloom)

251 So. 3d 1026 · District Court of Appeal of Florida · Jul 27, 2018

And although the rule clearly states that we may do so, there is little authority addressing how a party should request such an order and the circumstances in which a district court might issue one. … unless the court orders otherwise" merely provides an exception to awarding costs to the prevailing party, we think that our exercise of discretion to preclude such an award cannot be predicated upon deciding ourselves who qualifies

GLORIA PATRICIA SANCHEZ and BODY & SOUL RETREAT, LLC. v. JOHANA CINQUE and VONCENT CINQUE

238 So. 3d 817 · District Court of Appeal of Florida · Feb 14, 2018

Although courts have recognized that a physical examination and review of medical records may qualify as an acceptable and reliable methodology, see, e.g., In re Paoli R.R. … We reject this claim because the jury’s award for future medical expenses and pain and suffering was not clearly excessive and was supported by the record.

JOSHUA ZELAYA v. STATE OF FLORIDA

257 So. 3d 493 · District Court of Appeal of Florida · Oct 17, 2018

It also assessed 40 additional points against Appellant for a severe victim injury although the evidence did not establish that any of the victims in the case were actually injured. … Because Appellant qualified as a PRR, however, he was not sentenced according to his scoresheet and was instead sentenced to the minimum mandatories under the PRR statute: 30 years in prison on each first degree felony count

Campbell v. Gordon

674 So. 2d 783 · District Court of Appeal of Florida · Apr 26, 1996

As to the permissive counterclaims stated in counts one and two, the final summary judgment as to the counterclaim is clearly appealable. Counts three and four of the counterclaim allege that Ms. … While the first sentence refers to "judgments", the Court finds that the word "judgments" is used to modify and qualify the underlying liability which the sentence deals with, i.e. income tax liabilities. 2.