Case law

Citizens Property Ins. Corp. v. Laguerre

259 So. 3d 169 · District Court of Appeal of Florida · Aug 22, 2018

Insureds have a difficult time finding qualified and capable lawyers because of the risk that’s involved. These cases take a lot of time to mature. … Insureds have a difficult time finding qualified and capable lawyers because of the risk that’s involved. These cases take a lot of time to mature.

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.

Mason v. Porsche Cars of North America

688 So. 2d 361 · District Court of Appeal of Florida · Jan 17, 1997

The lower court concluded that deposing the arbitrators could lead to the discovery of admissible evidence and that the arbitrators were not protected from testifying by privilege or immunity. … In Sheehan , we said: This district has clearly established that the manufacturer must carry the burden of proof at the circuit court level when appealing an adverse decision of the Board.

Hill v. Hill

548 So. 2d 705 · District Court of Appeal of Florida · Aug 1, 1989

She has clearly demonstrated that the move is not an attempt to frustrate or deny visitation to Sallis and has shown she will adhere to any substitute visitation schedule set by the court if she is allowed to move. … The petition to relocate is granted, and the cause is remanded to the trial court to establish visitation either in accordance with Regina's proposed visitation schedule or some other appropriate plan.

State v. Bouchard

922 So. 2d 424 · District Court of Appeal of Florida · Mar 10, 2006

But the two sentences immediately preceding the quoted sentence qualify that statement, recognizing that the failure to preserve a potentially reversible error may constitute ineffective assistance of counsel and that under … Similarly, it is doubtful that he could establish prejudice if the trial court omitted the instruction thanking the jurors for their attention.

Thornton v. State

963 So. 2d 804 · District Court of Appeal of Florida · Aug 1, 2007

We therefore find that the facts established in Thornton I remained unchanged in the retrial and admission of the statement constitutes error requiring reversal. … It's also highly prejudicial to let the jury hear that Thornton may have committed another act and it clearly hasn't been noticed. THE COURT: But we're on two different pages here.

Beckman v. State

230 So. 3d 77 · District Court of Appeal of Florida · Sep 6, 2017

Here, the State sought to establish through Mr. … Here, the defendant clearly had the requisite control over the time, location and circumstances of the shooting.

SUK C. KIM v. JUNG HYUN CHANG

249 So. 3d 1300 · District Court of Appeal of Florida · Jun 27, 2018

Like many deals between family members, this one was not clearly spelled out. For example, Mr. Kim and Ms. … But just about any conduct that qualifies as "outrageous," "atrocious," and Mr. Kim had refused a demand for repayment but rather because he had groped her. Further, although Ms.

Griffin v. State

526 So. 2d 752 · District Court of Appeal of Florida · Jun 3, 1988

However, the facts in Salter established that the child reported the touching incident to her mother immediately after its occurrence, in the presence of a third person. … In the instant case, however, the hearsay was clearly inadmissible due to the trial court's failure to comply with the section 90.803(23) procedural safeguards.

Miami-Dade Water & Sewer Authority v. Cormio

388 So. 2d 1238 · District Court of Appeal of Florida · Jan 23, 1980

Judges of those courts are retained in office, or not, by "qualified electors voting within the territorial jurisdiction of the court... ." Section 10. … , to courts established within districts, embracing circuits.

BENJAMIN A. MUSGRAVE v. LYNN M. MUSGRAVE

District Court of Appeal of Florida · Nov 27, 2019

The proceedings were clearly acrimonious. The Husband presented six witnesses to testify regarding the Wife's "moral fitness." … We find no merit in the Wife's argument that the Husband's advanced age of seventy with two young children qualifies as a special or appropriate circumstance.

Perdue Farms, Inc. v. Hook

777 So. 2d 1047 · District Court of Appeal of Florida · Jan 5, 2001

Perdue presented the testimony of Sarah Palisi, an eminently qualified expert in the field of food technology and marketing. Ms. … This is clearly a permissive provision. See Fixel v. Clevenger, 285 So.2d 687 (Fla. 3d DCA 1973); City of Miami v.

In Re CN

51 So. 3d 1224 · District Court of Appeal of Florida · Jan 14, 2011

Second, the Father does not qualify as a violent career criminal, a habitual violent felony offender, or a sexual predator, and he has not been convicted of first- or second-degree murder or sexual battery. … However, the terminations in those cases were supported by other breaches of the parents' case plans under circumstances clearly more egregious than the circumstances presented in this case.

US Sugar Corp. v. Henson

787 So. 2d 3 · District Court of Appeal of Florida · Apr 20, 2001

Frye clearly applies in all civil and criminal litigation in Florida. … Mere numerical majority support or opposition by persons minimally qualified to state an authoritative opinion is of little value.

Joseph R. Biden, I I I, the Attorney General etc. v. John S. Lord, Herbert H. Peyton

147 So. 3d 632 · District Court of Appeal of Florida · Sep 22, 2014

Stat. (2006) (“The Attorney General may assert the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.”) (emphasis added). … Clearly, these material modifications were made without the participation of the designated representative of the primary intended beneficiaries of the trust.

Fitchner v. LifeSouth Community Blood Centers, Inc.

88 So. 3d 269 · District Court of Appeal of Florida · Apr 13, 2012

In any event, we cannot say that the Legislature has clearly manifested an intent to apply the part of the statutes that pertains to blood banks retroactively. … The court stated that “[t]he statute was *282 intended to address a legitimate legislative policy decision relating to medical malpractice and established a process intended to promote the settlement of meritorious claims

State of Florida v. Jeffery D. Williams

184 So. 3d 1205 · District Court of Appeal of Florida · Jan 14, 2016

Infante-Ruiz, 13 F.3d 498, 504-05 (1st Cir. 1994) (holding that when third party consent to search vehicle and trunk is qualified by a warning that the briefcase belonged to another, officers could not assume without further … Pierce, 959 F.2d 1297 (5th Cir. 1992), a collateral attack on ineffective assistance of counsel grounds, is clearly distinguishable.

Brugal v. State

217 So. 3d 134 · District Court of Appeal of Florida · Mar 22, 2017

the defense argued that double jeopardy barred the separately charged offenses because the charges within the information alleged identical conduct during an undifferentiated time period, and the jury’s verdict did not clearly … State, 789 So. 2d 1093, 1095 (Fla. 4th DCA 2001), was quoted and relied upon by this Court in Cabanela, 871 So. 2d at 281: In determining what qualifies as a distinct act for purposes of deciding whether multiple

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262 · District Court of Appeal of Florida · Apr 4, 2017

Accordingly, fundamental error must be established to maintain a viable argument on appeal. … This Court reversed on the basis that the “enhancement must be clearly charged in the information.” Id. (emphasis added).

Redmond v. First Guaranty Mortg. Corp.

268 So. 3d 918 · District Court of Appeal of Florida · Apr 12, 2019

Neither his argument that no one at the October 9, 2017 conciliation conference told him that he still needed to respond to the complaint nor his belief that his attendance at this conference qualified as a response to the … Because the allegations in Redmond's motion and his supporting affidavit clearly did not establish either excusable neglect or due diligence, he was not entitled to relief, and the hearing on his motion, although insufficiently