Case law

In Re Commitment of Cartwright

870 So. 2d 152 · District Court of Appeal of Florida · Jan 21, 2004

Page, 449 So.2d 813, 815 (Fla.1984), the court said, "Subsection 90.610(1), dealing with the use of prior convictions for the purpose of impeachment, clearly falls within the realm of `procedure.'" … Price, 362 So.2d 1337, 1339 (Fla.1978) (holding that statute prohibiting mention of insurance coverage in action against sovereignly immune defendant did not invade the supreme court's rule-making authority).

JENNIFER SHAPIRO and CRAIG SHAPIRO v. FIRST PROTECTIVE INSURANCE COMPANY

District Court of Appeal of Florida · Mar 29, 2023

The insurer also submitted a corporate representative’s affidavit stating the following conclusions, but without providing any detail or qualified support: [The homeowners’] failure to provide [the insurer] with … An investigator for the insurer observed fifty-two repaired roof tiles and thirteen replaced roof tiles but was “unable to establish a date and cause of loss.” Id.

Goines v. State

708 So. 2d 656 · District Court of Appeal of Florida · Apr 8, 1998

Defendant admitted at the rule 3.850 hearing that the original trial judge did not sentence him to the 30-year, maximum HFO sentence requested by the state, and conceded that he then qualified for HFO sentencing. … The state had clearly stated its intention to seek HFO sentencing if a conviction resulted, and it is obvious that in deciding whether to impose a HFO sentence for the current offense *660 the sentencing judge would be considering

State v. Andrews

820 So. 2d 1016 · District Court of Appeal of Florida · Jul 3, 2002

During cross-examination, defense counsel established that Krischer did not conduct any tests at the crime scene, and that there was no basis for an expert opinion. … "As an evidentiary principle, the concept of `opening the door' allows the admission of otherwise inadmissible testimony to `qualify, explain, or limit' testimony or evidence previously admitted." Ramirez v.

Mid-Continent Casualty Company v. Royal Crane, LLC d/b/a Hunter Crane, etc., Clouthier rothers, Inc., W.F. Roemer Insurance Agency, Inc., etc., and Florida Home Builders Insurance, Inc.

District Court of Appeal of Florida · Jun 10, 2015

Law. 14, 23 (Spring 2014) (“The newer language clearly covers a broader range of liability than that which is solely vicarious in nature.”). … * * * Not final until disposition of timely filed motion for rehearing. 3 “A special employer qualifies as such where ‘(1) there was a contract for hire, either

Nat. Merchandise Co., Inc. v. United Serv. Auto. Ass'n

400 So. 2d 526 · District Court of Appeal of Florida · Jun 17, 1981

Various sections are clearly set off from each other, and each section is titled in distinct, bold block letters. Each subsection has titles with slightly smaller bold black lettering. … The insurer cannot, by failing to define the terms "auto accident" or to include any additional qualifying or exclusionary language, insist upon a narrow, restrictive interpretation of the coverage provided.

Champagne v. State

269 So. 3d 629 · District Court of Appeal of Florida · Apr 24, 2019

The court recognized that "a single sentencing range is not established under the CPC as occurred under the prior guidelines." Id. at 985 . … "[U]nder the CPC, together the individual offenses only establish the minimum sentence that may be imposed; a single maximum sentence is not established-each individual offense has its own maximum sentence, namely the statutory

State v. FLORIDA CONNSUMRE ACTION NETWORK

830 So. 2d 148 · District Court of Appeal of Florida · Oct 9, 2002

deciding, the court apparently overlooked the often-quoted general rule for determining whether a court has jurisdiction over a chapter 86 action: Before any proceeding for declaratory relief should be entertained it should be clearly … there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity

Laines v. State

662 So. 2d 1248 · District Court of Appeal of Florida · Nov 15, 1995

The evidence adduced at trial establishes that the defendant, without any legal justification, killed the victim in this case by committing a series of rapidly successive violent acts within an extremely short time frame: … Valerie Rao, an Associate Dade County Medical Examiner, was qualified at trial as an expert pathologist and testified that she conducted an autopsy on the victim's body.

Edwards v. Caulfield

560 So. 2d 364 · District Court of Appeal of Florida · Apr 27, 1990

The solicitor is paid a commission for each qualified prospect who is referred to a resort. This is the solicitor's only compensation, regardless of the time involved. … The court found that the evidence in that case clearly established that F.L. Enterprises exercised no control over the details of the solicitor's work.

Mizrahi v. NORTH MIAMI MED. CENTER, LTD.

712 So. 2d 826 · District Court of Appeal of Florida · Jul 8, 1998

The legislature's purpose in creating the challenged classification is crystal clear and certainly qualifies as a "legitimate state interest". … Wrongful death damages are clearly not such a right. [5] Sections 766.201 through 766.212, Florida Statutes.

Kearns v. Farmer Acquisition Company

157 So. 3d 458 · District Court of Appeal of Florida · Feb 11, 2015

The FWA clearly refers to protecting the individual who refuses to participate in the criminal act. Kearns complained of a specific incident for which he had personal knowledge. … As to prong three of the test to establish a claim under section 448.102(3), we do not agree with the trial court's conclusion that Kearns failed to establish a causal link between his refusal to participate in power booking

Gotthardt v. State

10 Fla. L. Weekly 2108 · District Court of Appeal of Florida · Sep 12, 1985

All qualifying or limiting words, such as, "lewd" and "lascivious" (§§ 798.02 and 800.04), "vulgar" and "indecent" (§§ 800.03 and 800.04), and "open" and "gross" (§ 798.02), are too indefinite to describe, limit or restrict … I believe that if a legislature by two statutes prohibited that which is in substance one and "the same offense" and clearly and expressly stated its intent that an accused could, as to a single factual event or act, be tried

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

219 So. 3d 149 · District Court of Appeal of Florida · May 3, 2017

This court rejected that argument, holding that the “within the county” language limited which owners and operators (only those within Miami- Dade County) qualified to convert their permit, but did not limit which wagers … The Division’s construction of the statute is neither unreasonable nor clearly erroneous.

In re Doe

113 So. 3d 882 · District Court of Appeal of Florida · Nov 26, 2012

Doe’s school grades, her educational and career plans, and the general tenor of her testimony tend to establish that her overall intelligence is above average. … Clearly, Doe could not be “courteous,” “soft spoken,” and “somewhat insecure” while displaying an arrogant or offhand disregard toward others.

D.R. v. State

734 So. 2d 455 · District Court of Appeal of Florida · May 5, 1999

Clearly, when Eric Brandon permitted D.R. to enter the trailer and to stay several nights on the couch, D.R. had a “license or invitation,” i.e., consent to be there. … D.R. had the burden initially to offer evidence to establish the consent defense, and he did so.

Harry Rich Corp. v. Feinberg

518 So. 2d 377 · District Court of Appeal of Florida · Dec 29, 1987

Since Feinberg clearly acted on behalf of the corporation, he can take no comfort in Futch . He can, however, take comfort in the holding of Mobil Oil. … not provided for corporation by estoppel, the determination that the individual will be unconditionally liable provides no windfall to the creditor, since he is concomitantly deprived of the right to sue any but a fully qualified

R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.

228 So. 3d 684 · District Court of Appeal of Florida · Oct 18, 2017

The questions certainly do not clearly or squarely ask for the detailed level of information present in Juror Taylor’s social media posts. … Ciccone, 190 So.3d 1028 (Fla. 2016) (applying manifestation rather than accrual of cause of action to establish membership in the Engle class).

Donnelly v. Marion County

851 So. 2d 256 · District Court of Appeal of Florida · Aug 1, 2003

This passage clearly indicates that not every municipal-type service provided by a county may be funded by way of special assessment. … However, in those situations, the direct benefit to the real property in the form of the capital improvements is clearly quantifiable.

Matthews v. State

736 So. 2d 72 · District Court of Appeal of Florida · Jun 9, 1999

Unlike Bowers and Bogan , there is sufficient evidence in this record to establish, without question, that defendant was on probation at the time of her violation. … On appeal, however, defendant argues that the trial court gave unfair weight to Hession's testimony because she was not qualified as an expert and should not have been able to give her diagnostic opinions, grounds not argued