Case law

Jane Doe v. Baptist Primary Care, Inc

177 So. 3d 669 · District Court of Appeal of Florida · Oct 20, 2015

According to the Amended Complaint, in June 2006 appellant was diagnosed with “Human Immune-Deficiency Virus” (“HIV”). … It reveals appellant was clearly on notice of how the trial court might rule in light of appellee’s alternative theory for the dismissal of count I.

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.

Burtman v. TECHNICAL CHEMICALS AND PROD.

724 So. 2d 672 · District Court of Appeal of Florida · Jan 20, 1999

In August 1993, Faro established the Family Support and Permanent Alimony Irrevocable Trust for Marisa T. Faro ("Trust") to meet his alimony and child support obligations arising from a dissolved marriage. … The attorneys did not qualify as "other agents" within the meaning of section 678.406(1), Florida Statutes (1997), and the amended complaint discloses no other theory under which they might be held liable.

Walt v. Walt

574 So. 2d 205 · District Court of Appeal of Florida · Jan 23, 1991

The first count requested the court to establish the Mississippi judgment as a judgment of the Florida court. … I think it falls clearly under (d). * * * * * * THE COURT: It can only be (b) or (d)... .

EB Malone Corp. v. Johnson

425 So. 2d 622 · District Court of Appeal of Florida · Jan 18, 1983

We do not construe the more general clause as extending the right to catastrophic loss benefits but rather, pursuant to established rules of statutory construction, we limit the right to such benefits to cases which meet … the criteria of the more qualified language requiring, at least, the total loss of use of an arm, leg, hand, or foot because of organic damage to the nervous system. [1] This construction makes applicable prior case law interpreting

Martyn v. First Federal Savings & Loan Ass'n

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 .

United States Shoe Corp. v. Department of Revenue

12 Fla. L. Weekly 902 · District Court of Appeal of Florida · Apr 1, 1987

Shoe is an Ohio Corporation qualified to transact business in the State of Florida pursuant to the foreign corporation provisions of Chapter 607, Florida Statutes. U.S. … The opinion clearly states that the taxpayer’s Florida agent did “exercise some discretionary authority.”

Miller v. State

782 So. 2d 426 · District Court of Appeal of Florida · Feb 28, 2001

The State's evidence also established that the stop sign in question was removed no earlier than the day before the accident. … The State clearly recognized the weakness of this testimony, as evidenced by the misleading characterization of the statement in final argument.

Gianolio v. Markham

564 So. 2d 1131 · District Court of Appeal of Florida · Jun 27, 1990

To begin with, it is contrary to the established meaning of “primary” as defined by the Florida courts. … Here, the lessee’s use of the 1,840 acres for grazing cattle clearly qualifies this land for an agricultural classification. (citations omitted).

Herbert v. State

526 So. 2d 709 · District Court of Appeal of Florida · May 11, 1988

It is well established that a parent does not commit a crime by inflicting corporal punishment on her child if she remains within the legal limits of the exercise of that authority. Kama v. … conviction of a defendant charged with child abuse based on the improper admission of testimony by the child's mother as to prior batteries inflicted on the child by the defendant: The mother of the child abused was granted immunity

Deloitte & Touche v. GENCOR INDUSTRIES

929 So. 2d 678 · District Court of Appeal of Florida · May 19, 2006

The tort at issue in this case is clearly identified by its title: "negligent misrepresentation." Unlike Horowitz, however, DTGP does not argue in this appeal that Gencor has failed to state a cause of action. … concluded that it was not necessary to determine whether the tort was actually committed in order to determine jurisdiction and that allegations of a misrepresentation communicated from outside Florida into Florida would qualify

Shaktman v. State

529 So. 2d 711 · District Court of Appeal of Florida · May 17, 1988

Considering the totality of the circumstances, the Mart affidavits clearly established probable cause that the Mart telephones were being utilized for illegal bookmaking. … The "herein" qualifier thus limits the context in which section 23 may be asserted and "establishes that other constitutional provisions are not affected by the privacy amendment, since the latter must give way to the extent

Moody v. State

931 So. 2d 177 · District Court of Appeal of Florida · Jun 7, 2006

But the notion is clearly at odds with rule 3.600, which sets forth the grounds upon which a new trial may be granted. … Stat. (1993). [2] The underlying felony that the State sought to establish was grand theft.

Kuvin v. City of Coral Gables

62 So. 3d 604 · District Court of Appeal of Florida · Aug 22, 2007

Proctor's vehicle was a personal use pickup truck, without commercial markings, but which qualified within the ordinance's definition of a "commercial vehicle" because it weighed 3/4 of a ton. Id. at 771 . … Kuvin, therefore, has failed to establish that his "associations" have a clearly articulated expressive identity worthy of constitutional protection under the First Amendment.

Goheagan v. American Vehicle Insurance Co.

126 So. 3d 1136 · District Court of Appeal of Florida · Jun 13, 2012

That is a new standard and not one established by our Florida Supreme Court. … Clearly the trial court erred in granting summary judgment based on its assumption there could be no bad faith because Swaby was in a coma and therefore there was no one to whom to make an offer.

Morrison v. Thoelke

155 So. 2d 889 · District Court of Appeal of Florida · Aug 30, 1963

Yet the latter is obviously qualified in the "deposited acceptance" rule and in many instances of unilateral contract. Why then should the "loss of control" principle not also be — or have been — qualified? … At this point and upon the "overt act" theory issue is clearly joined.

MARIA MARTINEZ v. DON JOHN PEREZ-ORTIZ, M. D. AND THE PEREZ EYE CENTER, P. L.

District Court of Appeal of Florida · Sep 23, 2022

Hamburger is board[-]certified in ophthalmology, but is also a Neuro-Ophthalmologist, as established by the Court's review of several instances of Dr. … Hamburger is clearly qualified to testify as an expert in ophthalmology.

Kovaleski v. Tallahassee Title Co.

391 So. 2d 315 · District Court of Appeal of Florida · Dec 11, 1980

virtue of a certificate of title then issued to them, and promptly recorded in the Official Records of the county, after they successfully bid for the property at the clerk's foreclosure sale on a circuit court judgment establishing … Finally, Shaw and Chestnut were not "the person[s] last paying taxes upon the lands," so they did not qualify for certified mail notice in accordance with the statute's third-level preference.

Sheffield v. Carter

141 So. 2d 780 · District Court of Appeal of Florida · Jun 1, 1962

However, it has been established that such a complaint could, nevertheless, be sworn to by the attorney. Tibbetts v. Olson, supra. In Beverette v. … entitled him to the relief prayed for as against the defendant Milton Holding Company, if it alone-were concerned, but it does not clearly allege such facts as would clearly show-that plaintiff Klinger was entitled to a.

Adventist Hlth. v. Fl. Birth-Related Injury

865 So. 2d 561 · District Court of Appeal of Florida · Jan 2, 2004

In my view, the pertinent statutory provisions that make up the Plan clearly establish that this is a finding of fact to be determined by the ALJ. … In my view, these statutory provisions clearly establish that the issue whether an infant was substantially permanently physically and mentally impaired is a pure question of fact to be resolved by the ALJ.