Case law

Richards v. Dodge

150 So. 2d 477 · District Court of Appeal of Florida · Feb 13, 1963

Although the testimony conflicts as to when the defendants learned of the male tenant's presence and though defendants' answer indicates they were only aware of the tenant's presence in April, 1961, it is clearly established … Baxter, 1909, 46 Colo. 155 , 103 P. 376 , qualified this holding by pointing out that the landlord could not have failed to know of the immoral purposes for which the adjacent premises were used — accordingly notice would

Gonzalez v. State

982 So. 2d 77 · District Court of Appeal of Florida · Apr 30, 2008

Gonzalez, who had been released from prison on an unrelated crime two years earlier, faced a mandatory life sentence for this charge because he qualified for, and the State sought, a sentence as a prison releasee reoffender … If juries are to be the sole decisionmakers on sentences of this severity, there clearly are reasonable people in addition to Mr.

MacKerley v. State

754 So. 2d 132 · District Court of Appeal of Florida · Mar 22, 2000

Since there was no *137 force or threat, the State relies on the word "secretly" in the statute to argue that Mackerley's clandestine plan to lure Black to Florida qualifies as kidnaping. … This is not to say that appellant has not committed a crime; he clearly has committed two murders. Nevertheless, appellant's actions are not the type of conduct for which the crime of burglary was intended to punish.

State v. Dudley

64 So. 3d 746 · District Court of Appeal of Florida · Jul 1, 2011

Contrary to the trial judge’s conclusion, the State’s evidence was clearly sufficient to support a jury finding that the victim was mentally defective, as defined by the statute. *748 First, the State presented testimony … Graham, III, a psychologist who does evaluations for a number of different governmental agencies and who has been qualified as an expert witness in court many times.

Harris v. School Bd. of Duval County

921 So. 2d 725 · District Court of Appeal of Florida · Feb 17, 2006

The contracts established requirements for the buses, including inspections. … The language in question is fully compatible with the clearly stated, limited duration of these one-year contracts, and does not require resort to parol evidence.

State v. Beach Blvd Automotive, Inc.

139 So. 3d 380 · District Court of Appeal of Florida · May 19, 2014

Section 626.321(1)(e), Florida Statutes (2011), provides that the Department of Financial Services shall issue a qualified applicant a license as an agent authorized to transact a limited class of business in credit insurance … In order to assert a claim for damages under FDUT-PA, a plaintiff must establish: (1) a deceptive act or unfair practice, (2) causation, and (3) actual damages. Baker, 84 So.3d at 1204.

Taylor v. UNITED SERVICES AUTO. ASS'N

684 So. 2d 890 · District Court of Appeal of Florida · Dec 20, 1996

She simply no longer qualified as a "kid" in the "kids in the military" exception. She did not intend to ever return to her mother's household as a "kid" to live within her mother's family unit. … Clearly she considered neither Texas nor Germany to be her permanent residence.

Reginald Lee Booker, I I I v. State of Florida

244 So. 3d 1151 · District Court of Appeal of Florida · Apr 18, 2018

Offenders are not required to plead or qualify for a nonstate sanction; to the contrary, the Legislature has mandated that trial judges “must” impose one. … Courts, except by rewriting a clearly-worded statute, cannot achieve this policy result.

Tetrault v. Fairchild

799 So. 2d 226 · District Court of Appeal of Florida · Jul 24, 2001

The record clearly establishes that Dr. Gordon had been listed numerous times throughout the course of this litigation as the plaintiffs expert in radiology. … As a witness, the good doctor is not immune from challenge.

Delemos v. State

969 So. 2d 544 · District Court of Appeal of Florida · Nov 28, 2007

In that context, the Supreme Court has emphasized, "The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." … Thereafter, the court clearly pronounced a sentence which applied the minimum mandatory term only to the conspiracy charge. This is not a case in which a trial judge mistakenly transposed sentences on two counts.

Mayes Printing Company v. Flowers

154 So. 2d 859 · District Court of Appeal of Florida · Jun 11, 1963

The established facts are substantially recited in the hereinafter quoted excerpt from the opinion of the chancellor upon which the decree appealed is based. … Where the specifications are drawn in such manner that it would permit only one bidder to qualify, it is a violation of the statute. Robinson's, Inc. v. Short, 146 So.2d 108 (Fla.App. 1962).

Brown v. Brown

300 So. 2d 719 · District Court of Appeal of Florida · Sep 10, 1974

that the wife, mother of six children, had contributed generously in funds and by her personal exertion and industry through a long period of time to the acquisition and development of his home and other property and the establishment … That act clearly and unambiguously provides for "rehabilitative alimony".

Ledet v. Campo

12 La.App. 3 Cir. 1193 · District Court of Appeal of Florida · Mar 6, 2013

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to | ^satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … SAFECO’s policy clearly excludes injuries arising out of the business pursuits of the insured. We find that there is no reasonable interpretation of the policy which would exclude the termination of Ms.

Gulf Court Nursing Center v. DEPT. OF HEALTH

483 So. 2d 700 · District Court of Appeal of Florida · Feb 14, 1986

That clearly is mutual exclusivity within the meaning of Ashbacker. Id. (footnote omitted). … The instant case is clearly distinguishable from Community Psychiatric Centers.

Tananta v. Cruise Ships Catering & Services Int'l., N.V.

909 So. 2d 874 · District Court of Appeal of Florida · Dec 22, 2004

‘remedy available ... clearly amounts to no remedy at all”), citing Piper Aircraft Co. v. … Clearly, there is no inconvenience to Chamo, Vega, Simpson, and Cruz if they each sue on their home turf. VI.

Life Ins. Co. of N. Am. v. Cichowlas

659 So. 2d 1333 · District Court of Appeal of Florida · Sep 6, 1995

This contract case should be decided upon sound and established principles of contract law. … If the insured complies with this clearly stated contractual duty and reports a change in health, the insurance company may either accept or refuse the undertaking of the risk.

Woodson v. Martin

663 So. 2d 1327 · District Court of Appeal of Florida · Nov 17, 1995

Florida courts, including our own, have applied the duty of disclosure established in Johnson to a real estate agent or broker representing a seller. Torbron v. … If the facts advanced by the appellant are true, then the appellees have clearly violated the duty imposed by Johnson and should be held accountable for their fraudulent misrepresentations and nondisclosures which induced

South Broward Hospital District v. Department of Health & Rehabilitative Services, Division of Administrative Hearings

385 So. 2d 1094 · District Court of Appeal of Florida · Jun 18, 1980

We believe that the Ashbacker doctrine clearly applies in the case before us. … That clearly is mutual exclusivity within the meaning of Ash-backer.

Grant v. Rotolante

147 So. 3d 128 · District Court of Appeal of Florida · Aug 29, 2014

It provides concurrent jurisdiction to state courts to enforce arbitration agreements with a federal forum available only when diversity or federal question jurisdiction is otherwise established. … Grant clearly advised Ms.

SCHOOL BD. OF DADE CTY. v. Dade Teachers Ass'n

421 So. 2d 645 · District Court of Appeal of Florida · Oct 26, 1982

PERC has developed special expertise in dealing with labor problems and is uniquely qualified to interpret and apply the policies enunciated in Chapter 447, entitling its decisions to considerable deference by this court. … Aside from the irony of a union advancing such an argument, the argument clearly proves too much. For better or worse, the law — not to mention the First Amendment, see, e.g., Perry Local Educators' Ass'n v.