Case law

BALFORD HARBOUR VILLAGE v. State Ex Rel. Giblin

299 So. 2d 611 · District Court of Appeal of Florida · Sep 5, 1974

Co., supra) the Supreme Court of Florida points out that `great strickness of pleading is required in returns' and a general denial is insufficient and such denial will be qualified by positive averments. … shipments to which an intrastate rate is commanded to be applied are intrastate shipments, and the answer to the alternative writ avers conclusions that the shipments are interstate shipments, but does not state facts that clearly

Weber v. State

12 Fla. L. Weekly 475 · District Court of Appeal of Florida · Feb 10, 1987

It is well established that a requisite of the fair jury trial to which an accused is constitutionally entitled is that there be "a panel of impartial, `indifferent' jurors." Murphy v. … Teffeteller is thus clearly distinguishable from the present case and to a large extent supportive of the result we reach. [7] *1385 IV.

Romano v. Olshen

153 So. 3d 912 · District Court of Appeal of Florida · Mar 12, 2014

Chapter 744 should be construed liberally to ensure a compensation framework that encourages competent, qualified guardians to serve. See § 744.1012, Fla. … It seems stunningly unfair to deprive a ward of funds of which he or she is clearly an owner. Moreover, spouses owe each other a duty of support “imposed by statute.” Fernandez v.

Tramel v. Bass

672 So. 2d 78 · District Court of Appeal of Florida · Apr 19, 1996

In his answer, Tramel denied any negligent conduct and raised several affirmative defenses, including sovereign immunity. … Lums, Inc., 267 So.2d 325, 327-28 (Fla.1972)); and "it is impossible to establish a rule of law for every conceivable situation which would arise in the course of a trial ... [or] in the discovery process." Id. at 946.

School Bd. of Miami-Dade County v. King

940 So. 2d 593 · District Court of Appeal of Florida · Oct 31, 2006

He ruled that he could not find "that it was clearly erroneous for defendants to use a wage component or an amenities component in the calculation of the 2003 FPLI, nor did they act unlawfully or in contravention of the Florida … come to be a useful source of data for wider audiences," and that although the low-centrality FPLI_AS "is the more representative index for measuring variation across school districts in the average cost to hire equally qualified

Thomas Van Lent v. the Everglades Foundation, Inc.

District Court of Appeal of Florida · Oct 30, 2024

They cannot employ “police investigation and interrogation, warrants, informers and agents whose activities are immunized, authorized wiretapping, civil investigatory demands, [or] enhanced subpoena power.” … Van Lent was afforded full due process and has not established that the appointment of opposing counsel in this case amounted to fundamental error.

Albo v. State

10 Fla. L. Weekly 2437 · District Court of Appeal of Florida · Oct 29, 1985

As LaFave correctly points out: The point is not that probable cause is lacking because it turned out that the "facts" upon which the officer acted were actually not true, for quite clearly information sufficient to establish … The unexplained and plainly excessive and unacceptable delay of "several months" in correcting the relevant computer obviously qualifies as the requisite police "fault" under this formulation. [5] United States v.

SCOTT P. RUSSELL, etc. v. JAMES HASSETT

District Court of Appeal of Florida · Jun 28, 2023

On January 1, 2007, the date Hassett was required to show permanent residency in Florida to qualify for a homestead exemption, 3 Hassett was residing in Hong Kong and his immediate family was residing in Cincinnati. … Clearly, in Mitchell, we remanded the case to provide the taxpayer the opportunity to meet his burden to establish that (i) he was entitled to the exemption in those years, and (ii) the property appraiser had wrongfully revoked

J.S. v. S.A.

912 So. 2d 650 · District Court of Appeal of Florida · Sep 21, 2005

An “adoption entity” is defined in section 63.032 as: [Tjhe department, an agency, a child-caring agency registered under s. 409.176, an intermediary, or a child-placing agency licensed in another state which is qualified … The Florida Legislature clearly contemplated that an adoption entity be involved in all non-relative/non-stepparent *658 adoptions handled under Chapter 63.

Philyaw v. Arthur H. Fulton, Inc.

569 So. 2d 787 · District Court of Appeal of Florida · Oct 10, 1990

Therefore, claimant concludes, Florida clearly recognizes jurisdiction of the claim in the circumstances of this case, and the judge erred in denying his claim for lack of jurisdiction. … This definition of employer is not explicitly restricted to employers in Florida but contemplates that non-Florida employers carrying on business activities in Florida that qualify as "employment" may become subject to the

TANK TECH, INC. v. VALLEY TANK TESTING, L L C

244 So. 3d 383 · District Court of Appeal of Florida · Apr 20, 2018

general rule is "that bodily injury or property damage is an essential element of a cause of action in negligence," but recognizing that that essential element could be waived "under extraordinary circumstances which clearly … a duty exists, such as the identity of the parties, their relationship, and whether that relationship qualifies as a special relationship recognized by tort law and subject to heightened duties."); DaimlerChrysler Ins.

Walt Disney World Co. v. Goode

11 Fla. L. Weekly 2537 · District Court of Appeal of Florida · Dec 4, 1986

The waterway and the fenced grassy area next to it clearly were outside the scope of the invitation to the Goodes and other patrons of Disney. See Hickory House v. Brown, 77 So.2d 249 (Fla. 1955); I.R.E. … Moreover, the acceptance of Collier as an expert qualified to give opinion testimony on water safety was error. The trial court had rejected him as such at a prior trial of this cause, and initially at this trial.

Gustafson v. State

243 So. 2d 615 · District Court of Appeal of Florida · Feb 8, 1971

The bad faith test used in sham arrest cases leaves room for abuse where the arrest is clearly proper and no inference of bad faith is justified. … A search incident thereto bears no causal relation to the types of events for which the accused was apprehended. 1 Varon, Searches, Seizures and Immunities 203 (1961).

Mischler v. State

458 So. 2d 37 · District Court of Appeal of Florida · Oct 17, 1984

The question is whether it clearly and convincingly supports a departure from the guidelines. … The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.

DR v. State

734 So. 2d 455 · District Court of Appeal of Florida · May 5, 1999

Clearly, when Eric Brandon permitted D.R. to enter the trailer and to stay several nights on the couch, D.R. had a "license or invitation," i.e., consent to be there. … D.R. had the burden initially to offer evidence to establish the consent defense, and he did so.

Santini v. Cleveland Clinic Florida

65 So. 3d 22 · District Court of Appeal of Florida · May 11, 2011

Also, in the opinion, the Florida Supreme Court qualified its overruling of previous cases which had found “contingent fee agreements to be enforceable despite some violation of the Rules Regulating The Florida Bar.” … Here, the trial court clearly abused its discretion in imposing sanctions.

Parker v. State

795 So. 2d 1096 · District Court of Appeal of Florida · Oct 3, 2001

Then, if the state's case is "equivocal," the judge would be required to give a further instruction, if requested, and the instruction would qualify as an "additional instructional safeguard." AFFIRMED. … Clearly the special instruction would have been a correct statement of the law. See Staten v. State, 519 So.2d 622 (Fla.1988); Collins v. State, 438 So.2d 1036, 1038 (Fla. 2d DCA 1983).

Ema v. Dept. of Child. and Fam.

795 So. 2d 183 · District Court of Appeal of Florida · Sep 24, 2001

Rather, the court has stated elsewhere: The issue in prospective neglect or abuse cases is whether future behavior, which will adversely affect the child, can be clearly and certainly predicted. Palmer v. … does not preclude a court from ordering the following services to be provided, when the health of the child so requires: (a) Medical services from a licensed physician, dentist, optometrist, podiatric physician, or other qualified

Citizens for Strong Schools, Inc. v. Florida State Board of Education

District Court of Appeal of Florida · Dec 18, 2017

ineffective and because charter schools are mismanaged; (4) the State failed to provide a “high quality” education system because schools provide insufficient services and coursework and have an insufficient number of highly qualified … If we were to apply the New Jersey “dispersal of decisional responsibility” concept here, we would be deviating from well-established principles of Florida law, which would have impact

ELIZABETH N. v. Riverside Group, Inc.

585 So. 2d 376 · District Court of Appeal of Florida · Aug 15, 1991

She contends that Florida courts have established that legal obligations implied by law are actually parts of written contracts, relying in part on Heredia v. … Warranty actions in assumpsit were not established until the close of the 18th century.