Case law

Sartori v. Department of Revenue

714 So. 2d 1136 · District Court of Appeal of Florida · Jul 17, 1998

In the meantime, the County filed a request with the state Department of Environmental Regulation (DER), seeking a recommendation concerning whether Sartori's pollution control equipment qualified under the provisions of … Sartori's lawsuit clearly challenges the County's classification of his property for valuation purposes; therefore, Sartori had four years within which to file suit. See § 195.073, Fla.

ZITANI v. Reed

992 So. 2d 403 · District Court of Appeal of Florida · Oct 15, 2008

Thus, the language of the statute seems rather categorical with the usage of the word "voids," but this absolute term is immediately qualified to apply only "to the extent" of a personal liability of the debtor that was discharged … We do not foreclose the possibility that a foreign judgment clearly and facially entered in violation of bankruptcy discharge injunction may not be entitled to full faith and credit in this state, thus preventing its enforcement

Smith v. State

76 So. 3d 379 · District Court of Appeal of Florida · Dec 30, 2011

Thus, it clearly was error under section 776.041(1) in Giles’ and Appellant’s trials to give the challenged instruction. See Giles, 831 So.2d at 1265 ; see Marshall v. … No forensic evidence was admitted establishing the precise order of events. See id. The only testimony about the fight came from eyewitnesses who offered strikingly different accounts concerning critical details.

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.

Florida Power Corporation v. McNeely

125 So. 2d 311 · District Court of Appeal of Florida · Dec 2, 1960

Mackman, 1872, 24 Mich. 279 , 9 Am.Rep. 124 : "It does not displace the general possession by the owner of the land, but the person entitled to the easement has a qualified possession only, so far as may be needful for its … That title was involved is clearly revealed by the Florida case cited as well as by the Dunscombe v. Loftin federal case. Concerning the early federal case of Florida Southern R. Co. v.

ASSOCIATION FOR RETARDED v. Fletcher

741 So. 2d 520 · District Court of Appeal of Florida · Jun 18, 1999

As Judge Cowart clearly stated in Rucks v. … Clearly, the legislature did not limit its new policy to only those "civil actions for damages" which involve a single injury from one accident.

D.A.D. v. Department of Children & Family Services

903 So. 2d 1034 · District Court of Appeal of Florida · Jun 17, 2005

The M.S. court held: “Notwithstanding that the children may not have seen the shooting, the murder of their mother figure in their home and while they were present in the house certainly qualifies as egregious conduct that … Instead, the trial court made a finding of generalized harm: “Clearly, the [F]ather’s extreme violence and callous disregard for the lives of others poses a significant danger to the life, safety, [and] mental and emotional

Onewest Bank v. Palmero

District Court of Appeal of Florida · Apr 24, 2019

practical matter, and had the parties intended to qualify or alter Mrs. Palmero’s borrower status so as to provide constructive notice to third parties, recordation of such qualifying documents was advisable. … When Mrs. 14 The evidence at trial established that, because Mr. Palmero was the only borrower under the terms of the loan agreement, he qualified for—and received—a higher amount than would have been paid had Mrs.

In Re Guardianship of Medley

573 So. 2d 892 · District Court of Appeal of Florida · Dec 12, 1990

Our reasoning in subsection (A)(1) will necessarily be in considerable depth to explain governing principles not always clearly brought out in the case law. … Madden pointed out that such a provision "establishes the immunity of the ... bank" against a claim of wrongfully permitting a withdrawal by one spouse "but ... in no way affects the rights as between the husband and wife

Woodruff-Sawyer & Co. v. Ghilotti

255 So. 3d 423 · District Court of Appeal of Florida · Aug 29, 2018

its merits, the due process requirements of the United States Constitution must also be considered. 6  Section 48.091, Florida Statutes, requires every foreign corporation qualified … CMI, Inc., 133 So. 3d 914, 920 (Fla. 2013) (“This case clearly does not involve personal jurisdiction because [the non-party witness] is not a party to the action.”). Cherry6 has yielded to subsequent precedent.

City of Miami v. Silver

257 So. 2d 563 · District Court of Appeal of Florida · Jan 11, 1972

Fred Ridolph who is also stipulated by the appellant to be qualified as an expert. Mr. … "The evidence in this case clearly reflect recent zoning changes of nearby properties to the northeast as well and to southwest of the subject property, from R-1 to P-R.

State v. Franklin

836 So. 2d 1112 · District Court of Appeal of Florida · Feb 12, 2003

Although the foregoing is well established, it can also be demonstrated from legislative materials that the title to an Act is that segment which begins "An Act relating to." … The court determined that under the law as it stood prior to the enactment of chapter 99-188, the defendant did not qualify as a habitual offender.

STATE, DEPARTMENT OF REVENUE v. Page

14 Fla. L. Weekly 746 · District Court of Appeal of Florida · Mar 23, 1989

The Trust, which is principally located in Pittsburgh, Pennsylvania, is organized as a Massachusetts business trust, is qualified as a regulated investment company under Internal Revenue Code Subchapter M, and is established … In addition, the sample agreements clearly set a specific rate of interest.

North Broward Hospital District d/b/a Broward General Medical Center Barry University, Inc. Eleidy Miedes, SRNA Rob Alexander, M.D. Anesco North Broward, LLC and Edward Punzalan, CRNA v. Susan Kalitan

District Court of Appeal of Florida · Jul 1, 2015

The plurality opinion found that “the available evidence fails to establish” such a legitimate relationship, id., as “[r]eports have failed to establish a direct correlation between damages caps and reduced malpractice premiums … The record clearly evidences that the University did not expressly agree to try the issue and any claim of implied consent fails.

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

District Court of Appeal of Florida · May 5, 2021

Under a section 1983 claim, the officer is protected by qualified immunity, which a plaintiff may overcome only if it is shown that the plaintiff had a constitutional right which was clearly established. … Again, the law regarding obstruction without violence was well established at the time of appellant’s arrest.

E.A.C., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida · Jun 30, 2021

Because J.P.’s testimony did not establish a plan, defense counsel argued the State failed to prove an attempted robbery. The court denied the motion. … Undoubtedly, preventing the spread of the Covid-19 pandemic qualifies as an important public policy, and preventing people from gathering in a courtroom would generally appear to further that policy.

Nazia, Inc. v. Amscot Corp.

275 So. 3d 702 · District Court of Appeal of Florida · May 31, 2019

However, this cannot overcome the clearly limited language of the amended licensing agreement that only authorized Amscot to "use" the parking spaces. … To qualify as a true irrevocable license, Amscot needed to make a substantial investment in the property's improvement. See Dance v. Tatum , 629 So.2d 127 , 128-29 (Fla. 1993).

State, Dept. of Children & Family Services v. LG

801 So. 2d 1047 · District Court of Appeal of Florida · Dec 26, 2001

"The conditions of article 3, such as advance notice to and approval of the receiving state before the placement is made, clearly do not apply when the child is placed with a parent." … Also of interest is a regulation purporting to qualify the limitation in Article VIII(a) of the ICPC.

Westmoreland v. Lumbermens Mut. Cas. Co.

704 So. 2d 176 · District Court of Appeal of Florida · Dec 24, 1997

Clearly these allegations state that the deaths were caused by an agency other than the use of a motor vehicle. … Ass'n, 400 So.2d 526, 530 (Fla. 1st DCA 1981) ("insurer cannot, by failing to define the terms `auto accident' or to include any additional qualifying or exclusionary language, insist upon a narrow, restrictive interpretation

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. … Response to Footnote 8 746 (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 leave.’ 2 Wils.