Case law

City of Oak Hill v. City of Edgewater

917 So. 2d 943 · District Court of Appeal of Florida · Dec 16, 2005

Oak Hill alleged that only Volusia County would qualify as a governmental unit with jurisdiction over the property. … Volusia County clearly had standing to challenge the annexation, and, as a result of its intervention, the two parcels in which Edgewater had an interest were removed from the annexation.

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.

BYRON, HARLESS, SCHAFFER, REID AND ASSOC., INC. v. State Ex Rel. Schellenberg

360 So. 2d 83 · District Court of Appeal of Florida · Jun 1, 1978

Some people must make notes to think clearly. Some need notes to jog their memories. Others have to draft letters several times before they say what the writer wants to communicate. … Papers of this sort are clearly personal in nature. For those who perform the same work but are able to draft without notes, no such documents ever exist.

GRABBA-LEAF, LLC v. Department of Business and Professional etc.

257 So. 3d 1205 · District Court of Appeal of Florida · Nov 6, 2018

The Department interpreted whole leaf wraps to qualify as “loose tobacco suitable for smoking” under the definition of “tobacco products.” § 210.25(12), Fla. Stat. … Evidence in this case established that the Brandy’s-type manufactured products are patented.

MICHAEL DASKALOPOULOS v. CITIZENS PROPERTY INSURANCE CORPORATION

241 So. 3d 237 · District Court of Appeal of Florida · Mar 9, 2018

It is generally established that the courts will not inquire into motives which actuate plaintiff in bringing suit."); Midtown Enters. v. … Local Contractors, Inc., 785 So. 2d 578, 580-81 (Fla. 3d DCA 2001) (holding that evidence of "pattern of cheating" by contractor in qualifying as a minority-owned business enterprise constituted irrelevant, inadmissible

Bowen v. State

791 So. 2d 44 · District Court of Appeal of Florida · Jun 8, 2001

Bowen, who clearly was grief-stricken over the loss of her child, was taken separately to the police station. … Childers, 212 F.3d 1178 (10th Cir.2000) (holding officer was entitled to qualified immunity in civil rights action for false arrest because law is not clearly established on whether a falsehood to police is probable cause

ADVENTIST HEALTH SYSTEM/SUNBELT, INC. D/B/A FLORIDA HOSPITAL ALTAMONTE AND WILLIAM HUETHER, III, M.D. vs SALLY MACHALEK AND MATTHEW APTER, M.D.

District Court of Appeal of Florida · Oct 6, 2023

(“[Certiorari] is not a remedy that can be used simply because the order in question is not appealable. . . .”). 4 To be entitled to certiorari relief from the denial of their motions to dismiss, Petitioners must establish … When we are convinced that a precedent clearly conflicts with the law we are sworn to uphold, precedent normally must yield.” State v. Poole, 297 So. 3d 487, 507 (Fla. 2020); accord Lawrence v.

MacCabee Investments, Inc. v. Markham

311 So. 2d 718 · District Court of Appeal of Florida · Apr 25, 1975

The Florida legislature has endeavored to establish a criteria for determining the tax exempt status of property owned by *723 governmental units but utilized by nongovernmental lessees as follows: "196.199 Exemptions for … District Court concluded that "By providing the public with amusement, pleasure, and entertainment, the municipally owned Spectrum clearly is public property used for public purposes."

Metro. Dade Cty. v. Frank J. Rooney

627 So. 2d 1248 · District Court of Appeal of Florida · Dec 7, 1993

This appeal questions the propriety of an order granting a motion for new trial which reads in part as follows: *1249 The COUNTY prepared and furnished to all qualified bidders a bid package for the construction of the "Stockade … ROONEY pled facts which clearly invoked these exceptions and offered substantial evidence at trial to support these legally recognized exceptions.

Tisdale v. State

11 Fla. L. Weekly 2282 · District Court of Appeal of Florida · Oct 29, 1986

"Other proceeding" under the rule would clearly cover the other three methods of finding probable cause listed above. … While this immigration proceeding bears many similarities to the station-house interrogation, we believe that it qualifies as an "other proceeding" within the meaning of the statute. Id. at 1057-58 .

Coons v. Coons

765 So. 2d 167 · District Court of Appeal of Florida · Jul 6, 2000

If that occurred, he would have accrued no value in retirement, and he might go into the reserves, where he could qualify for retirement at age 65. [1] He indicated that he probably would follow the latter course. … That is, the written judgment fails to distinguish clearly between the amounts that accrued during the marriage and the non-marital sums.

Wadsworth v. State

201 So. 2d 836 · District Court of Appeal of Florida · Aug 14, 1967

The Court again affirmed “the principle that error having been clearly made to appear, injury must be presumed.” As may be seen from a reading of Mr. … Justice Shackle-ford’s opinion, the force of this language is diminished, to some extent, by the qualified approval of the holding in McKay v. Lane, supra, and Hooker v. Johnson, supra.

Mitchell v. Mitchell

841 So. 2d 564 · District Court of Appeal of Florida · Mar 14, 2003

Because the scrivener's error is clearly apparent from the record, we remand for the circuit court to correct the error by amended final judgment. See Nigrelli v. Nigrelli, 807 So.2d 756 (Fla. 3d DCA 2002). … The statute did not indicate what qualified as a "substantial amount of time." The parties disagree about the percentage of time the children spend with Mr.

Curry v. State

811 So. 2d 736 · District Court of Appeal of Florida · Feb 27, 2002

A citizen's request for public records also involves a "legitimate purpose," because the right to obtain the records is established by statute and acknowledged in the state constitution. … Curry's conduct in this case was clearly knowing, willful, and repeated—and it may even be thought by some as weird and obsessive, with more than a tinge of spite to it—but it did not qualify as a violation of the anti-stalking

Department of Revenue v. Markham

381 So. 2d 1101 · District Court of Appeal of Florida · Nov 5, 1979

Both Markham and Reid alleged uncertainty as to the existence or nonexistence of certain rights, status, immunities, power or privileges with respect to the matters set forth in the complaint. … Clearly the Broward County tax assessor cannot assert that DOR's rule and interpretation of the statute in any way conflicts with his constitutional or statutory duties. I would reverse.

JOHN GOODMAN v. STATE OF FLORIDA

229 So. 3d 366 · District Court of Appeal of Florida · Jul 26, 2017

An ECM readout indicating that the car was experiencing a throttle malfunction might have qualified as such, but experts on both sides had already tested the vehicle and obtained that readout. … The Florida Supreme Court held that the truck clearly is not material exculpatory evidence.

ECOSWF, INC. v. State

886 So. 2d 1013 · District Court of Appeal of Florida · Oct 28, 2004

The DEP dismissed both petitions on the ground that appellants could not establish standing under the requirements of revised section 403.412(5), Florida Statutes. … In order for a law to apply retroactively, the court must determine (1) if there is evidence that the legislature clearly intended for the law to be applied retroactively, and (2) if so, whether the retrospective application

Smith v. Grove Apartments, LLC

976 So. 2d 582 · District Court of Appeal of Florida · Aug 22, 2007

The culprit branches are clearly visible in the photographs which are part of the record. They are all, at most, five to six feet high. In fact, that is precisely why they are scratching cars and poking eyes. … He was injured by falling off a ladder. [8] The common law would have immunized the landlord from any liability. See, e.g., Brooks v.