Case law

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

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.

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

COMMODORE, INC., D/B/A GREENSTREET CAFE v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, etc.

District Court of Appeal of Florida · May 11, 2022

The parties’ dispute, therefore, comes down to the meaning of that qualifying phrase, which is undefined in the Policy. … First, GreenStreet asserts that the trial court failed to consider the ordinary, dictionary definitions of the terms used in the qualifying phrase.

ANNE GANNON, in her capacity as PALM BEACH COUNTY TAX COLLECTOR, on behalf of PALM BEACH COUNTY v. AIRBNB, INC.

District Court of Appeal of Florida · Mar 25, 2020

Each Company clearly states this in its Terms and Conditions. … Both Airbnb and TripAdvisor qualify as agents who “receive rent as the owner’s representative” within the meaning of Rule 12A-1.061(9)(a).

CARLOS ENRIQUE LUNA LAM v. UNIVISION COMMUNICATIONS, INC.

District Court of Appeal of Florida · Oct 13, 2021

as to its anti- SLAPP statute, the Maine Supreme Court has stated that “the defendant carries the initial burden to show that the suit was based on some activity that would qualify … See id. at 1238 (“Generally, refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend

Student Alpha Id No. Guja v. SCH. BD. OF VOLUSIA CTY.

616 So. 2d 1011 · District Court of Appeal of Florida · Feb 26, 1993

Then she could clearly claim surprise. … The evidence is insufficient to establish that the student completed the offense of distribution of a controlled substance while on the school campus. 3.

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

74 So. 3d 506 · District Court of Appeal of Florida · Oct 5, 2011

The issue of the condition of the aorta was clearly opinion evidence.” Id. … Also, as in Belmont , Eldridge’s testimony was clearly opinion evidence.

Ganter v. Department of Insurance

620 So. 2d 202 · District Court of Appeal of Florida · May 28, 1993

The evidence clearly establishes that Respondent did not, personally or directly, commit any of the misconduct which is charged here. He was, however, in charge. Mr. … Thus, the hearing officer’s phrase qualifies as a legal conclusion. Further, the evidence clearly supports the conclusion that the Respondent had supervisory responsibilities over Jay Schetina.

Ganson v. STATE, DEPT. OF ADMIN.

554 So. 2d 516 · District Court of Appeal of Florida · Jul 7, 1989

Document in a manner which applies the pre-existing condition exclusion differently depending upon whether the person had a "mental or nervous disorder" or a "physical sickness", and that such a selective interpretation clearly … Architecture, 484 So.2d 1333 (Fla. 3d DCA 1986), the court rejected the "special expertise" argument and ruled that the agency could not substitute its judgment for that of the hearing officer in determining Harac to be qualified

COUCH CONST. CO., INC. v. Department of Transp.

361 So. 2d 172 · District Court of Appeal of Florida · Jun 26, 1978

The only relevant and valid consideration (apart from specifications, which are not here involved) is selection of a qualified contractor. … received protests from both White and Contee that Couch, the apparent low bidder, had not attended the pre-bid conference. [2] DOT apparently relied upon the holding of our Supreme Court that the procedural requirements established

Williams v. Florida Parole Com'n

625 So. 2d 926 · District Court of Appeal of Florida · Oct 15, 1993

Section 947.18, Florida Statutes, has vested the Commission with the ultimate discretion in determining whether an inmate qualifies for parole. … Abuse of discretion may be shown in various ways, as discussed hereinafter, but it is now clearly established that, even when the Commission's decision to suspend a PPRD and deny parole is based on information previously

TSD v. State

742 So. 2d 536 · District Court of Appeal of Florida · Oct 27, 1999

Given the record in this case I do not believe the respondent has established that the trial judge's decision was clearly erroneous. A review of the facts is necessary. … Haber, also a qualified forensic psychologist, interviewed the respondent and opined that the respondent was competent to waive Miranda.

Enterprise Leasing Co. South Central, Inc. v. Hughes

833 So. 2d 832 · District Court of Appeal of Florida · Dec 12, 2002

This is most readily apparent in sections 15 to 19, which expanded the immunity from liability for defendants. … Therefore, the Legislature clearly cannot restrict damages by enacting either a minimum damage amount or a maximum damage amount without meeting the Kluger test. Id.

SHANDS TEACHING HOSP. AND CLINICS v. Sidky

936 So. 2d 715 · District Court of Appeal of Florida · Aug 16, 2006

Grice, 438 So.2d 392, 394 (Fla.1983), established exceptions to the home venue privilege, including when the action involves joint tortfeasors. … X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act.

Raulerson v. Font

District Court of Appeal of Florida · Aug 1, 2018

That holding recognized that the privilege or immunity must, however, have some relation to the proceeding. Id. at 385 (citing Levin). 14 fees.” Lewis v. … Barnard, clearly frustrated by Mr.

Punsky v. Clay County Sheriff's Office

18 So. 3d 577 · District Court of Appeal of Florida · Mar 6, 2009

However, such retrospective opinion testimony does not demonstrate that an otherwise qualified employee failed a pre-employment physical examination. … This is not to say that a claimant will not need to put on evidence to prevail if and when an employer adduces evidence that would, unless itself rebutted, clearly and convincingly establish that the disabling condition "

Gering v. State

252 So. 3d 334 · District Court of Appeal of Florida · Jul 25, 2018

Samek was not qualified to offer expert testimony. 4 court had such authority, it erred in directing a verdict in favor of the State in this case. … and rights afforded which in some respects mirror procedures established and rights afforded in criminal prosecutions.

Cassamassima v. State

657 So. 2d 906 · District Court of Appeal of Florida · Jun 2, 1995

In Heath , the defendant was compelled to answer questions relating to a subsequent criminal offense in order to establish the basis for violating a previous probation. … Clearly Heath was right in holding that merely being placed on probation, without more, does not constitute a waiver of the Fifth Amendment rights concerning other crimes.

Murphy v. Northeast Drywall

692 So. 2d 918 · District Court of Appeal of Florida · Mar 25, 1997

Rather, appellant argues quite clearly that the only evidence that could have been properly accepted by the JCC was the testimony of Dr. … Section 440.15(3)(a)3., Florida Statutes (1993), required the Division of Workers’ Compensation to establish and use a uniform disability rating guide for the purposes of assigning permanent impairment.