Case law

Frazier v. State

899 So. 2d 1169 · District Court of Appeal of Florida · Apr 13, 2005

There, the Court summarized the three-step process established in Batson, 476 U.S. at 105-107 , 106 S.Ct. 1712 , for evaluating an objection to a peremptory strike. 500 U.S. at 352 , 111 S.Ct. 1859 . … Under either classification, Jamaicans qualify as a cognizable class. Thus, excluding potential jurors solely because they "come from Jamaica" is constitutionally impermissible.

Justice Coalition v. FIRST DCA JNC

823 So. 2d 185 · District Court of Appeal of Florida · Jul 16, 2002

Therefore, all records pertaining to voting, including vote sheets, ballots, and ballot tally sheets are clearly part of the deliberation process. … (allowing qualified members to join in deliberations during disciplinary proceedings); § 905.24, Fla. Stat.

SHAREE BAILEY v. ARVA COVINGTON

District Court of Appeal of Florida · Apr 7, 2021

When neither of them could qualify to purchase a house, they asked Covington to assist. … To establish a claim for civil theft, a party must prove 1) that a conversion has taken place and 2) that the accused party acted with criminal intent. See Heldenmuth v.

Connolly, Jr. v. State

172 So. 3d 893 · District Court of Appeal of Florida · Jul 29, 2015

The evidence presented in this case clearly established that the defendant carried a firearm “at some time in the course of’ committing this second degree murder. … Clearly both are guilty of at least second degree murder with a weapon.

Transportation Engineering, Inc. v. Cruz

152 So. 3d 37 · District Court of Appeal of Florida · Nov 7, 2014

I mean, for instance, if you’re a qualified design group, why didn’t you guys send it back and say, well, “This is better than your sketch you sent us, because you had 400 on it?” … And, the departure angle design clearly does not serve that same narrow purpose.

Robinson v. State

10 Fla. L. Weekly 236 · District Court of Appeal of Florida · Dec 3, 1984

The defense also presented the testimony of a chemistry professor who had been doing research for ten years in the field of human reproductive biology and was qualified as an expert. … We reject this contention because the testimony of the alleged victim was legally sufficient to establish a prima facie case for the prosecution.

Patty Long, by and through her Co-Guardians, Sarah Long and Dennis Long, and Matt Long, by and Through His Attorney-In-Fact Dennis Long v. Family Support Services of North Florida, Inc.

District Court of Appeal of Florida · Jun 28, 2024

For example, FSS argued that no predicate had been laid for a question; following which, the court noted “[a]nd it calls for a legal conclusion for which she’s not qualified to answer that. … We trust that Appellants’ counsel will avoid making that clearly inappropriate argument during the retrial. 13  REVERSED and REMANDED.

Rivera v. State of Florida

District Court of Appeal of Florida · Nov 8, 2024

Detective Dillon further testified that she did not see Rivera with anything that was "clearly narcotics or could even be construed as [narcotics]" and that she did not see Rivera commit any criminal acts until he was arrested … State, 238 So. 3d 396, 403 (Fla. 3d DCA 2018) (concluding that the search of appellant's backpack "was not a valid search under Gant's automobile exception" where "[a]ssuming a dirt bike qualifies as a vehicle for purposes

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

794 So. 2d 696 · District Court of Appeal of Florida · Sep 13, 2001

While subparagraph (7)(b) does confer rulemaking authority with respect to submerged *702 lands, it does not authorize adopting the proposed rule, because it qualifies the grant of rulemaking authority in ways that are incompatible … If Day Cruise institutes gambling over sovereignty submerged lands, then a place of business is established and the Trustees may act under § 253.03(7)(b) beyond doubt.

Fuchs v. Robbins

738 So. 2d 338 · District Court of Appeal of Florida · Jul 16, 1999

Maxcy's logic, thus Interlachen also clearly displaced L. Maxcy. And because the Seacoast decision, as previously observed, was bottomed on L. Maxcy, then Seacoast was also clearly displaced by Interlachen. … We perceive no reason, however, why the court should have qualified the general rule adhered to in that opinion by reiterating the exception last mentioned unless it was to again bring to the attention of the bench and bar

In Re Commitment of Burton

884 So. 2d 1112 · District Court of Appeal of Florida · Oct 22, 2004

Given the very nature of the SVR-20, it is clearly not the type of objective scientific principle or test with which Frye is concerned. … The stumbling block is the third element necessary to establish this involuntary commitment.

Linder Industrial Machinery Co. v. Berry

385 So. 2d 742 · District Court of Appeal of Florida · Jul 16, 1980

because I believe the trial court and the majority mistakenly interpreted and relied on Section 212.06(5)(a), Florida Statutes (1973), to exempt a transaction which, but for that mistaken interpretation and reliance, would clearly … The record below does not establish that Linder, the appellant here, had such a purpose when it acquired the property for resale.

Edenfield v. State

45 So. 3d 26 · District Court of Appeal of Florida · Aug 10, 2010

Nor is there a rule stating those with college degrees are automatically qualified to represent themselves. Criminal defendants who are only 21 are not prohibited from representing themselves. … Clearly, pursuit of the goal — a requirement that any waiver be knowing and intelligent — is far more important than a blind pursuit of the means — a requirement that predefined questions always be asked.

Jackson v. Morillo

976 So. 2d 1125 · District Court of Appeal of Florida · Dec 7, 2007

However, because the affidavit clearly showed that a reasonable investigation had been conducted with respect to Dr. Mirza's actions, his dismissal was unwarranted. … No factual allegation establishes any physician-patient relationship to base a medical negligence claim against Dr. Morillo. See Vause v. Bay Med. Ctr., 687 So.2d 258, 263-64 (Fla. 1st DCA 1996).

Keene v. Chicago Bridge and Iron Co.

596 So. 2d 700 · District Court of Appeal of Florida · Feb 18, 1992

King, Ph.D., who was found qualified by the court and permitted to testify as a human factors expert over Chicago Bridge's objection. … It takes only a little knowledge and understanding of construction work sites to appreciate, and the foregoing authorities clearly establish the legal rule, that when one subcontractor places its machinery or equipment on

State v. LaFave

113 So. 3d 31 · District Court of Appeal of Florida · Aug 15, 2012

In doing so, Justice Shaw stated that G.P. and Jones “directly conflict[ed] with decades of well-established case law,” including State v. Harris, 136 So.2d 633 (Fla.1962). … established principal of law resulting in a miscarriage of justice’ " (quoting Combs v.

MERCURY IDEMNITY COMPANY OF AMERICA vs CENTRAL FLORIDA MEDICAL & CHIROPRACTIC CENTER, INC. D/B/A STERLING MEDICAL GROUP A/A/O STHEFANY SANTIAGO

District Court of Appeal of Florida · Oct 27, 2023

“The doctrine of the last antecedent is a rule of grammatical construction providing that ‘relative and qualifying words, as we read it, Mercury makes no “kitchen sink” argument in its initial brief. … Also, as we have explained, the doctrine of the last antecedent has “a well-established corollary rule based on simple punctuation.” Id.

Talcott v. Central Bank and Trust Company

247 So. 2d 727 · District Court of Appeal of Florida · Apr 27, 1971

"At the final hearing, it was also shown by expert actuarial testimony on behalf of the defendants, through an eminently qualified expert, that under the settlement agreement, it was possible to compute the amount remaining … In addition, as the court pointed out in its opinion: (1) The litigation was not ended because the hospital gave up its rights to an appeal, (2) the proceedings in the County Judges' Court clearly proved that it was not the

Nessmith v. State

10 Fla. L. Weekly 1584 · District Court of Appeal of Florida · Jun 24, 1985

The trial record establishes the following facts. … On appeal, the District Court reasoned otherwise and held that the pre-filing conference would qualify as a proceeding required to be heard within the terms of Section 837.011.

County of Volusia v. CITY OF DAYTONA

420 So. 2d 606 · District Court of Appeal of Florida · Oct 6, 1982

The appellate court held that since the action was clearly quasi-legislative in character, review by certiorari was improper. … The agency must be one subject to the provisions of the Florida Administrative Procedure Act in order to qualify for this type of judicial review. Sweetwater Utilities Corporation v.