Case law

Limbaugh v. State

887 So. 2d 387 · District Court of Appeal of Florida · Nov 17, 2004

Second, they establish that outsiders may not subpoena such records from medical providers without prior notice to the patient. … We apprehend that had the legislature intended to establish other exceptions it would have done so clearly and unequivocally."). [10] In short, by their *395 clear terms, neither of the two subpoena statutes on which petitioner

Lee v. City of Jacksonville

793 So. 2d 62 · District Court of Appeal of Florida · Jul 20, 2001

Second, appellant argues that, contrary to the trial court's determination, the property at issue qualified for an agricultural use exemption. … This establishes a classic case for the application of the principle of estoppel. *66 Id. at 264. The trial court erred by not so finding.

Bammac, Inc. v. Grady

12 Fla. L. Weekly 32 · District Court of Appeal of Florida · Dec 22, 1986

Furthermore, we adopt the premise that the above-quoted excerpts so clearly express the accepted standards for the operation of the judicial system as to make their inclusion in a compilation of rules superfluous. … May, the expert employed by Statewide, is a highly experienced, qualified, and honorable practitioner in the field of rehabilitative services.

DEANGELO GEORGE ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida · Feb 2, 2024

As a result, the decision of the trial court is not clearly erroneous, because based on the evidence presented, the court could have correctly concluded that Robinson failed to establish that there was an arrest under Melton … ’s view that “every word employed in [a legal text] is to be 26  expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify

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.

Applefield v. Commercial Standard Insurance Company

176 So. 2d 366 · District Court of Appeal of Florida · May 28, 1965

That defendant was qualified to do business in Florida; that Howard Goll was its authorized Florida agent and Gibralter Title, Inc., its authorized sub-agent; that Theo. … Having concluded that appellant has failed to sustain the burden of clearly demonstrating error, it would unduly extend this opinion to further discuss the facts.

State v. Stevens

574 So. 2d 197 · District Court of Appeal of Florida · Jan 23, 1991

The statement was clearly inculpatory, revealing that Stevens had indeed killed Henry Pflegl. … Once more, "it must be emphasized that the Constitution does not require a person illegally detained be forever granted immunity from prosecution or conviction." People v.

Hood v. Matrixx Initiatives, Inc.

50 So. 3d 1166 · District Court of Appeal of Florida · Dec 15, 2010

Jafek’s testimony is not “pure opinion” testimony immune from Frye scrutiny. The Florida Supreme Court continues to adhere to the Frye test as the proper standard for admitting novel scientific evidence in Florida. … Under Frye , the proponent of the expert evidence “bears the burden of establishing by a preponderance *1173 of the evidence the general acceptance of the underlying scientific principles and methodology.” Castillo v.

JULIE ADAMSON, individually and as Personal Representative for the ESTATE OF JACKLYN ADAMSON v. R.J. REYNOLDS TOBACCO COMPANY

District Court of Appeal of Florida · Jul 21, 2021

Lung cancer is a qualifying disease for Engle class membership, but some of the cancers that could not be definitively ruled out in this case, such as breast cancer and colon cancer, are not qualifying diseases. … After all, when a law firm asks a client for “medical records” in support of a lawsuit, the firm is clearly asking about documents that would be material to the case.

BRITTANY BUDLOVE v. SUSANNE CAMPBELL

District Court of Appeal of Florida · Dec 29, 2023

Despite use of the qualifier "generally," our concurring colleague misreads the preceding paragraph as describing a categorical proscription on injunctions that enjoin speech about an individual. … I interpret this as clearly arguing that the entry of the injunction violated her First Amendment rights. 16 disorder"), this argument does not establish error with regard to the granting

BRITTANY BUDLOVE v. TANYA LEWIS

District Court of Appeal of Florida · Dec 29, 2023

Despite use of the qualifier "generally," our concurring colleague misreads the preceding paragraph as describing a categorical proscription on injunctions that enjoin speech about an individual. … I interpret this as clearly arguing that the entry of the injunction violated her First Amendment rights. 16 disorder"), this argument does not establish error with regard to the granting

BRITTANY BUDLOVE v. JONETTA JOHNSON

District Court of Appeal of Florida · Dec 29, 2023

Despite use of the qualifier "generally," our concurring colleague misreads the preceding paragraph as describing a categorical proscription on injunctions that enjoin speech about an individual. … I interpret this as clearly arguing that the entry of the injunction violated her First Amendment rights. 16 disorder"), this argument does not establish error with regard to the granting

BRITTANY BUDLOVE v. WILLIAM JOHNSON

District Court of Appeal of Florida · Dec 29, 2023

Despite use of the qualifier "generally," our concurring colleague misreads the preceding paragraph as describing a categorical proscription on injunctions that enjoin speech about an individual. … I interpret this as clearly arguing that the entry of the injunction violated her First Amendment rights. 16 disorder"), this argument does not establish error with regard to the granting

State v. Sawyer

561 So. 2d 278 · District Court of Appeal of Florida · Jan 5, 1990

Although some pretrial rulings qualify for certiorari review, that extraordinary writ is reserved for situations where "there has been a violation of a clearly established principle of law resulting in a miscarriage of justice … We are not persuaded that prohibition of the state's use of the hair sample violates a clearly established principle of law which will result in a miscarriage of justice, and deny the state's petition.

Williams v. Spears

719 So. 2d 1236 · District Court of Appeal of Florida · Oct 7, 1998

To qualify for review, such a non-final order must not only depart from the essential requirements of law, it must also "cause material injury to the petitioner throughout the remainder of the proceedings below, effectively … When parents are divorced, the physical condition of a family is clearly not intact in every sense of the word.

BRITTANY BUDLOVE v. RAFAELA MCCOY

District Court of Appeal of Florida · Dec 29, 2023

Despite use of the qualifier "generally," our concurring colleague misreads the preceding paragraph as describing a categorical proscription on injunctions that enjoin speech about an individual. … I interpret this as clearly arguing that the entry of the injunction violated her First Amendment rights. 16 disorder"), this argument does not establish error with regard to the granting

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

353 So. 2d 108 · District Court of Appeal of Florida · Nov 16, 1977

If the entire evidence presented were only hearsay, then clearly we would be required to set aside agency action not supported by competent and substantial evidence. … Clearly, the duty thus defined may be violated without a general failure of subjective good faith; for there is no occasion to consider the issue of good faith if a party has refused even to negotiate in fact — `to meet .

State, Dept. of Ins. v. Ins. Services Office

434 So. 2d 908 · District Court of Appeal of Florida · May 3, 1983

Commissioner's Decision: The record of our hearings clearly establishes that there is a strong correlation between age classifications and loss experience resulting from vehicle accidents. … Further, there was testimony that there are differences in expected loss experience between those who qualify for scholastic achievement discount and those who do not. [9] Section 626.9541(15)(h) became effective September

Carson v. Gulf Oil Corporation

123 So. 2d 35 · District Court of Appeal of Florida · Sep 2, 1960

The Chief Engineer, who had overheard the conversation, told the Captain that the storekeeper was qualified to fill in for Carson during Carson's absence. … The word "voyage," as applied to vessels engaged in foreign and interstate commerce, within the meaning of the maritime law, has been held to be clearly inapplicable to a tug making short trips, generally not from port to

Linstroth v. Dorgan

2 So. 3d 305 · District Court of Appeal of Florida · Jun 11, 2008

This is clearly an evidence-based determination, specifically reserved to the trial court as the trier of fact. … It is well established that may has multiple meanings.