Case law

JUSTIN BAILEY v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Jan 19, 2022

In this regard, “[a] district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” … Without controlling precedent on an issue, a district court cannot conclude that a circuit court violated a clearly established principle of law. Edenfield, 58 So. 3d at 906; see Balzer v.

State of Florida, Agency for Persons With Disabilities v. Sally Toal

District Court of Appeal of Florida · Feb 26, 2025

Because the Whistleblower’s Act does not clearly and unequivocally waive sovereign immunity to authorize the recovery of such damages, we reverse. … or reconcile its holding with the well-established principle that a waiver of immunity cannot be found by inference or implication.

AMANDA HEINE and JHAYLA STREADY v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES

District Court of Appeal of Florida · Apr 26, 2023

Because the attachments to the operative complaint did not clearly and unequivocally show the 3 existence of an express contract, the trial court found Students did not establish a cause … Looking at the plain language of section 1009.24, the Legislature clearly did not authorize a private cause of action premised on the improper collection of fees, and, therefore, has not expressly waived sovereign immunity

Department of Transportation v. United Capital Funding Corp.

219 So. 3d 126 · District Court of Appeal of Florida · Apr 28, 2017

“This chapter” clearly encompasses all of section 679.4061(1). “[D]oes not apply to” then clearly restricts applying section 679.4061 to government transfers that would otherwise be included. … An established body of common law *135 and statutory rules governing contracts serves that function.

Batmasian v. Ballachino

755 So. 2d 157 · District Court of Appeal of Florida · Mar 1, 2000

Cohen, 287 So.2d 56, 59 (Fla.1973) (“By granting the owners immunity from third-party tort suit, merely because ‘they were acting in concert with the general contractor,’ the ... … contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment

General Motors Acceptance Corp. v. David

632 So. 2d 123 · District Court of Appeal of Florida · Feb 9, 1994

Johnston, the branch manager of GMAC's Jacksonville office, pursued buying practices in which individuals who did not qualify under GMAC's credit guidelines had their contracts purchased from Coggin. … The facts viewed in the light most favorable to appellees fail to establish, under the test enunciated in the previously cited cases, that appellants' conduct was substantially or virtually certain to result in injury or

Wendland v. Akers

356 So. 2d 368 · District Court of Appeal of Florida · Mar 14, 1978

The facts here establish without dispute that Dr. Petschulat was an experienced and qualified veterinarian. Mrs. … The appropriateness of the defenses of contributory negligence and assumption of risk here was not raised, nor was the question of the employer's immunity under the Workmen's Compensation Act from tort liability or third

Palm Beach County Sheriff v. State

854 So. 2d 278 · District Court of Appeal of Florida · Sep 17, 2003

Mandamus may not be used to establish the existence of such a right, but only to enforce a right already clearly and certainly established in the law. Fla. League of Cities v. … The Sheriff cites no statute that clearly authorizes the type of relief he seeks.

Felder v. King Motor Co. of South Florida

110 So. 3d 105 · District Court of Appeal of Florida · Mar 20, 2013

For these reasons, King Motor is entitled to immunity from this suit under the Florida Workers’ Compensation Act, and this action is barred by Section 440.11, Fla. Stat. … Therefore, it would be clear error for this court to find such ambiguity as a basis for inferring a legislative intent contrary to the clearly expressed language of the statute.

SCHOOL BOARD OF BROWARD COUNTY v. SEBASTIAN MCCALL, JR.

District Court of Appeal of Florida · May 19, 2021

Finally, the School Board clearly possessed the lawful authority to devise and implement the security plan. Thus, the four-part test of Commercial Carrier was met. … The deputies’ actions were clearly an operational level function implementing the call-response system. In this case, however, the questioned act is the security plan.

Fullerton v. FLORIDA MEDICAL ASSOCIATION, INC.

938 So. 2d 587 · District Court of Appeal of Florida · Sep 27, 2006

no immunity to the defendants. … A reading of the above provisions clearly reveals two essential requisites must be met in order for a professional-review body to be entitled to the immunity authorized: (1) the body must be engaged in a professional-review

Willingham v. City of Orlando

929 So. 2d 43 · District Court of Appeal of Florida · May 12, 2006

In addition, Officer Costa claimed that he was clothed with qualified immunity from personal liability for damages by virtue of section 768.28(9)(a), Florida Statutes (2003), because his actions were "conducted in good faith … The actions of Officer Costa do not fall within the definition of willful and wanton, and were clearly not malicious or taken in bad faith, and no reasonable jury could have concluded otherwise.

Castillo v. Huell

675 So. 2d 180 · District Court of Appeal of Florida · May 15, 1996

This ride was part of a company-established transportation system which ensured that its employees who had limited means of transportation would be able to get to the job sites. … We omit the facts relating to the claims for gross and culpable negligence as they clearly are insufficient to avoid the immunity. . With one exception.

Jackson County Hosp. Corp. v. Aldrich

835 So. 2d 318 · District Court of Appeal of Florida · Dec 27, 2002

Because section 768.13(2)(b)1. clearly and unambiguously immunizes only hospitals licensed under chapter 395, employees of such hospitals working in a clinical area within the facility, and physicians, we are bound to follow … Even without this question being asked, the jury clearly could reasonably infer that Dr.

Florida Carry, Inc. v. University of Florida

180 So. 3d 137 · District Court of Appeal of Florida · Oct 30, 2015

Instead, the language relied upon by the trial court means, as the Fourth District has reasoned, “‘[T]he immunity provided by section 768.28(9)(a) is both an immunity from liability and an immunity from suit, and the benefit … Those two subsections clearly apply to people.

B.B.S., a minor child, G.S.S., a

191 So. 3d 528 · District Court of Appeal of Florida · May 11, 2016

does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. … Therefore, there is clearly a right, even a fundamental one, for which a fact, maternity, depends. Thus, the trial court had jurisdiction to establish maternity under Chapter 86.

ROBERTO ESTAPE v. STANLEY B. SEIDMAN, PH.D. and STANLEY B. SEIDMAN PH.D., P.A.

269 So. 3d 565 · District Court of Appeal of Florida · Apr 24, 2019

Here, it is clear that the statute establishes the confidentiality of psychotherapist communications and very limited means of waiving that privilege. … A parent may have to overcome the presumption of good faith, but the statute clearly allows litigation and does not provide for absolute immunity for the psychologist.

Eady v. State

229 So. 3d 434 · District Court of Appeal of Florida · Oct 20, 2017

Seliman-Tapia, 134 So. 3d 536, 539 (Fla. 3d DCA 2014) (holding that defendant need not establish that he was not engaged in unlawful activity under section 776.012). … Our court disagreed and held (1) that a person may pursue immunity if they qualify "under either section 776.012(1) or 776.013(3)"; (2) that section 776.012(1) does not preclude immunity where the person who uses force

United States v. Morrison

28 So. 3d 94 · District Court of Appeal of Florida · Dec 31, 2009

The record clearly established no such consideration existed, because Tonokaboni was unaware of the kind of instrument she had signed and did not know its legal effect. Id. … Morrison, and there was no accord and satisfaction established by Appellees. II.

Greer v. Mathews

409 So. 2d 1105 · District Court of Appeal of Florida · Jan 28, 1982

immunity. … Nevertheless, it is our view that recent developments in the closely related, common law privilege of sovereign immunity parallel the scope of the state venue privilege.