Case law

State v. Roberts

174 So. 3d 374 · District Court of Appeal of Florida · Apr 30, 2014

Rimondi’s trial testimony clearly qualifies as “former testimony” of a witness under section 90.804(2)(a), as this testimony was “given as a witness at another hearing of the same ... proceeding.” Id. Whether Ms. … The State’s appellate remedy is by certiorari if it can establish that the order at issue impairs the State’s ability to present its case. State v. Pettis, 520 So.2d 250 (Fla.1988).

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.

Environmental Confederation of Southwest Florida, Inc. v. State, Department of Environmental Protection

886 So. 2d 1013 · District Court of Appeal of Florida · Oct 28, 2004

The DEP dismissed both petitions on the ground that appellants could not establish standing under the requirements of revised section 403.412(5), Florida Statutes. … In both of the cases before us, the appellants did not qualify for automatic standing, and claimed standing under the old standards of section 403.412(5). .

Harris v. State

238 So. 3d 396 · District Court of Appeal of Florida · Jan 17, 2018

Assuming a dirt bike qualifies as a vehicle for purposes of this exception, the facts are clear that Harris’s backpack was not a part of the dirt bike nor stored on or in it. … Accordingly, 13 Harris’s backpack could not be searched as a part of the vehicle of the arrestee exception established in Gant. B.

Aguila v. Hilton, Inc.

878 So. 2d 392 · District Court of Appeal of Florida · Jun 3, 2004

In this part of the opinion, the court clearly implied that the defendant must be in a position to control the risk. That was certainly the case in the controversy then before the court. … Here, the relationship between Derrick Smith and the motel was remote at best and it does not qualify as a special relationship that would allow the imputation of a duty under section 315(a) of the Restatement.

Griffin v. ARX Holding Corporation

208 So. 3d 164 · District Court of Appeal of Florida · Oct 14, 2016

Brodene, 493 N.W.2d 793, 796 (Iowa 1992) ("[W]e think extortion is clearly an example of dishonesty."); State v. Prutting, 669 A.2d 1228, 1236 n.6 (Conn. App. … Beamer was engaged in the business of insurance but had a qualifying felony conviction under 18 U.S.C. § 1033(e)(1)(A). Beamer, 411 F. Supp. 2d at 889. It does not appear that Mr.

Aperm of Fla., Inc. v. Trans-Coastal Maint. Co.

505 So. 2d 459 · District Court of Appeal of Florida · Feb 11, 1987

Based upon our finding that the policy should have been issued for delivery in Florida, we hold that the Coopers qualified to obtain attorney's fees. Id. at 1325 . … Foreign underwriters in the long run would lose more than they could gain from such a state of affairs, as they would be avoided by Florida insureds unless delivery was clearly here.

L.C.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida · Mar 17, 2021

. & Fams., 67 So. 3d 1141, 1143 (Fla. 3d DCA 2011) (A “finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless clearly erroneous or lacking in evidentiary … Firstly, the Department alleged the child continued to be abused, neglected, or abandoned by the mother, as evidenced by the 3 “[I]f the Legislature wishes as a matter of public policy to qualify a particular child

Booker v. Lane's Texaco Service

13 Fla. L. Weekly 1991 · District Court of Appeal of Florida · Aug 24, 1988

The deputy ruled as follows: As to the benefits payable under the April 25, 1986 order, being temporary total from July 19, 1984 to December 2, 1985, I also find that there was no conduct that would qualify as legal “bad … I have also taken into consideration the testimony of claims representative Del Meliti and the documents admitted into evidence as employer/carrier’s Composite Exhibit # 1 clearly indicating that the employer/carrier was

Doyle v. Tutan

110 So. 2d 42 · District Court of Appeal of Florida · Mar 24, 1959

In due course the Higgins will was probated and Tutan qualified as executor August 10, 1956. … The result produced, however, is ■clearly the same and the distinction is not usually made.

Fletcher v. Florida Publishing Co.

319 So. 2d 100 · District Court of Appeal of Florida · Sep 10, 1975

Indeed, the court appeared to have anticipated this very case when it said: "* * * But in analyzing a claimed breach of privacy, injuries from intrusion and injuries from publication should be kept clearly separate. … a number of privacy cases in some of which there are indications that California would recognize the plaintiff's claim. (449 F.2d at 248) * * * * * * "* * * The First Amendment has never been construed to accord newsmen immunity

Cohen v. Baxt

10 Fla. L. Weekly 1668 · District Court of Appeal of Florida · Jul 3, 1985

The trial court found the statute applicable and held by implication that the allegations of the complaint established that the claim was time-barred. We reverse as to both conclusions. … In Fabal the dissenting judge reasoned that “the similarities between the Fund and an insurance program clearly preponderate over the dissimilarities.” 452 So.2d at 949 .

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida · Jun 27, 2025

The trial court found that Smith was not entitled to immunity from prosecution and denied Smith’s motion to dismiss. … United States, 116 U.S. 616, 626, 6 S.Ct. 524, 29 L.Ed. 746 (1886), states the general rule clearly: ‘[O]ur law holds the property of every man so sacred, that no man can set his foot upon his neighbour’s close without his

Bradford v. State

460 So. 2d 926 · District Court of Appeal of Florida · Nov 30, 1984

While a proper predicate was clearly established to show that Dr. … Other types of evidence connecting a defendant to a crime in terms of reasonable probability are clearly admissible. For example, in Jent v.

Estate of Bobinger v. Deltona Corp.

563 So. 2d 739 · District Court of Appeal of Florida · Jun 8, 1990

The fact that the complaint does not outline every detail qualifying a person to be a class member is, at this early stage in the proceedings, unnecessary. … Although there may be some variety in defenses, the sought-for remedy and the questions of fact and law clearly predominate in the allegations of this complaint, at least sufficient to withstand a motion to dismiss before

J. H. S. Homes, Inc. v. County of Broward

140 So. 2d 621 · District Court of Appeal of Florida · May 2, 1962

The Chancellor bases his decision on the principle in his finding that if the action of the County Board was not clearly correct, that its correctness was at least fairly debatable, and that under such circumstances the Court … The master found that the question presented was beyond debate or any reasonable difference of opinion, or in other words, that the allegations of the bill of complaint had been established beyond question.

Harris v. State

879 So. 2d 1223 · District Court of Appeal of Florida · Oct 4, 2002

As a result, the state attorney was clearly under no compulsion to file a petition to seek civil commitment against Harris. … Here, the order establishing the terms and conditions of probation provided for sex-offender treatment, but not for residential sex-offender treatment.

Bordo Citrus Products v. Tedder

13 Fla. L. Weekly 16 · District Court of Appeal of Florida · Dec 22, 1987

The statutory phrase “total loss of use” was rather clearly defined in Atlantic Plastering, Inc. v. … It is essential that the evidence show total loss of use of the specified body member because of organic damage to the nervous system, and that this be established by competent medical evidence.

BAM Trading Services, Inc., D/B/A Binance.US v. State of Florida, Office of Financial Regulation

District Court of Appeal of Florida · Oct 17, 2024

In considering this case en banc, we are correctly adhering to the firmly established prior panel precedent doctrine. See Taylor Eng’g, Inc. v. … Dickerson Fla., Inc., 221 So. 3d 719, 723 n.3 (Fla. 1st DCA 2017) (calling the doctrine “well-established”).

Tejada v. IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY $406,626.11 IN US CURRENCY

820 So. 2d 385 · District Court of Appeal of Florida · May 29, 2002

It is well-established in Florida law, that statutes which create new rights or take away existing rights are substantive in nature and may not be applied retroactively. Serna v. … Thus, pursuant to established laws of statutory construction, section 896.106 simply cannot be applied retroactively. State Farm Mut. Auto. Ins. Co. v.