Case law

Sailor v. State

733 So. 2d 1057 · District Court of Appeal of Florida · Apr 23, 1999

These cases make clear that the constitutional standard—at the very least "to make it to clearly appear that it is practically impossible to obtain an impartial jury"—is extremely stringent. … The showing made does not clearly and affirmatively establish the impossibility of obtaining an impartial jury in the county to try the accused on this charge.

HOLLYWOOD PARK APARTMENTS SOUTH, LLC v. CITY OF HOLLYWOOD, FLORIDA

District Court of Appeal of Florida · Apr 19, 2023

“A duly enacted ordinance of a local government is presumed valid, and the party challenging it carries the burden of establishing its invalidity.” Hoesch v. Broward County, 53 So. 3d 1177, 1180 (Fla. 4th DCA 2011). … “[C]ourts cannot judicially alter the wording of statutes where the Legislature clearly has not done so.” Fla. Dep’t of Revenue v. Fla. Mun. Power Agency, 789 So. 2d 320, 324 (Fla. 2001).

James Harrell v. The Ryland Group, doing business as Ryland Homes, a foreign for-profit corporation

District Court of Appeal of Florida · Aug 13, 2019

In the alternative, he argues that Appellee failed to establish that the statute of repose had run. We affirm. … Clearly, labor and money were needed to install this feature, which was neither a repair nor a replacement.

TA Operating Corp. v. State, Department of Revenue

767 So. 2d 1270 · District Court of Appeal of Florida · Sep 28, 2000

But for the clearly broader sense in which “dealer” is used in the immediately preceding sentence, the contrasting language in the second sentence would be redundant and — given the definition of dealer 2 in section 206.86 … are not enough, by themselves, to confer immunity from local taxation.”); Champlain Realty Co. v.

Jaggers v. State

536 So. 2d 321 · District Court of Appeal of Florida · Dec 20, 1988

Appellant's motion below clearly stated that the motion was based upon the state's failure to "prove a prima facie case" of capital sexual battery. … In other words, it is evidence that tends to prove an act of abuse and thus clearly is for the sole benefit of the state.

Foster v. State

596 So. 2d 1099 · District Court of Appeal of Florida · Mar 6, 1992

The second rule is that, in the absence of any clearly discernible legislative intent, the test established in Blockburger v. … To prove aggravated battery, the state need not establish an intent to deprive.

State v. Sercey

825 So. 2d 959 · District Court of Appeal of Florida · Jun 17, 2002

It asserts that these rules do not clearly require both "controls" and "standards," but appear to treat them as interchangeable, that the rules do not on their face apply to drug testing of blood, and that in any case, use … He has been qualified as an expert in toxicology more than 2200 times in 25 states (including Florida), the federal courts, and three foreign countries.

Nell v. State

266 So. 2d 404 · District Court of Appeal of Florida · Sep 6, 1972

It sought a permit, thought at the time by all parties to be required by a county ordinance which forbade crossing a “salinity line” established to protect fresh water on the landward side from the intrusion of salt water … Here the county commission clearly regulates the matter of dredging. The defendants believed that the permit was required by the ordinance, and they sought its issuance.

Brosnan v. Sourbeck Roofing, Inc.

578 So. 2d 460 · District Court of Appeal of Florida · Apr 23, 1991

The remedial mathematics and English courses at issue on cross-appeal were provided to claimant to enhance his job search skills and to qualify him for a training program in electronics assembly, a field in which claimant … The remedial course work was clearly education having as its goal the return of claimant to suitable gainful employment.

First Am. Bank v. Windjammer Time Sharing

483 So. 2d 732 · District Court of Appeal of Florida · Jan 15, 1986

Windjammer expressly referred to the interest ceiling established by § 86a of the federal act. The bank filed an amended answer with affirmative defenses. … Here, the commitment fee was $150,000 on a $750,000 loan; that is a twenty percent fee, and clearly unreasonable.

DARRELL EDWARD BOYLES, Personal Representative v. Dillard's Inc.

199 So. 3d 315 · District Court of Appeal of Florida · Jul 25, 2016

This Court herself has repeatedly held that while “a biomechanics expert is not qualified to give a medical opinion regarding the extent of an injury,” he “is qualified to offer an opinion as to causation if the mechanism … State, 718 So. 2d 215, 216 (Fla. 1st DCA 1998) 14 (noting the well-established presumption that juries follow trial court instructions); see also Perez v.

Cloyd v. State

943 So. 2d 149 · District Court of Appeal of Florida · Jul 12, 2006

Once a proper foundation is laid that the test was correctly administered by an officer properly trained and qualified to *166 administer the test, the results are admissible. Id.; see also Bowen v. … Furthermore, the breathalyzer test results clearly corroborated the sergeant's testimony.

Carter v. State

226 So. 3d 268 · District Court of Appeal of Florida · Apr 26, 2017

“Fairness is clearly the focus” of section 90.108(1). Jordan v. … State, 610 So.2d 1276, 1280 (Fla. 1992) (“It is well established that, when the State offers in evidence a part of a confession or admission, the accused, in the interest of fairness, is entitled to bring out the remainder

Walsh v. Walsh

262 So. 3d 212 · District Court of Appeal of Florida · Dec 14, 2018

At the hearing, Husband's attorney clearly informed the trial court and Wife that Husband was not seeking a credit for any overpayment of alimony. … Even though the bonuses and incentive pay were not paid at regular intervals, they would still qualify as "periodic income" for purposes of the MSA because Husband received them from "time to time" as a "direct result of

Jones v. FIRST VIRGINIA MTG.

399 So. 2d 1068 · District Court of Appeal of Florida · Jun 19, 1981

Appellee then moved for summary judgment on the ground that the uncontradicted facts established equitable estoppel as a matter of law. … On this appeal the commissioners first challenge appellee's standing to maintain this action, and then argue that in any event the evidence was clearly inadequate to establish an estoppel and, therefore, summary judgment

General Capital Corporation v. Tel Service Co.

212 So. 2d 369 · District Court of Appeal of Florida · Jun 12, 1968

But such maxims, in our government of laws and not of men, must always yield to the rigidity of established legal principles. … Therefore, until such penalties are merged into a final money judgment, or affirmed on appeal, they possess no immunity against statutory repeal or modification.

Doe v. Department of Health

948 So. 2d 803 · District Court of Appeal of Florida · Dec 27, 2006

Doe suggests, however, would ignore the provisions in sections 458.331(9) and 458.337(3), which clearly envision the Department's access to some peer review records in physician disciplinary proceedings. … Under these circumstances, a court is less likely to interfere with the legislature's role in establishing public policy because its action guards against statutory overbreadth. See generally William D.

Bush v. Holmes

886 So. 2d 340 · District Court of Appeal of Florida · Nov 12, 2004

Locke clearly rejects that reasoning, as do we. VIII. Conclusion and Certified Question. … Contrary to the majority's ruling, the program is not clearly unconstitutional beyond a reasonable doubt.

Citron v. Shell

689 So. 2d 1288 · District Court of Appeal of Florida · Mar 26, 1997

Thus, the statute clearly requires that the corroborating opinion be furnished before any litigation is actually commenced. … Campagnulo, 588 So.2d 982, 983 (Fla.1991) (statute established process "intended to promote the settlement of meritorious claims at an early stage without the necessity of a full adversarial proceeding.").

State v. Wooten

260 So. 3d 1060 · District Court of Appeal of Florida · Nov 28, 2018

This extraordinary writ is reserved for situations where there is a "violation of a clearly established principle of law resulting in a miscarriage of justice." Id. at 254 . … (vii) comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law[.]