Case law

Brim v. State

779 So. 2d 427 · District Court of Appeal of Florida · Oct 11, 2000

Brim provided testimony from a well-qualified expert who disagreed with the statistical methodology employed by the State's experts. … Mere numerical majority support or opposition by persons minimally qualified to state an authoritative opinion is of little value...." People v.

SINGLETARY EX REL. BARNETT BANKS TRUST CO. v. Lewis

584 So. 2d 634 · District Court of Appeal of Florida · Aug 12, 1991

While Singletary's attorney did not specifically ask whether any of the panel knew the Singletary family, it is abundantly clear, as it was in Mobil Chemical Co., that "no person sufficiently perceptive and alert to be qualified … The record clearly established juror misconduct and because appellee failed to show that the comments did not affect the verdict returned, a new trial, not more interviews, should be granted.

DJG v. State

524 So. 2d 1024 · District Court of Appeal of Florida · Dec 9, 1987

The law governing the sufficiency of the evidence to establish a criminal conspiracy charge is well settled and uncomplicated. … Clearly, a party calling a witness who proves adverse, does not adopt that witness's testimony. § 90.608(2), Fla. Stat. (1985); Fla.R.Civ.P. 1.450(a).

McMullen v. State

660 So. 2d 340 · District Court of Appeal of Florida · Aug 30, 1995

As a judge I acknowledge that there is now an established body of thought that accepts the premise and its methodology. … In allowing for the admission of such evidence the court said: "Clearly, psychiatrists, psychologists, or other qualified physicians who have treated a survivor or reviewed records concerning a survivor's treatment for physical

Alen v. State

596 So. 2d 1083 · District Court of Appeal of Florida · Mar 3, 1992

This inescapable extension of Neil will clearly protect a large number of minority groups, which extension, in turn, will surely embrace everyone in the state under one or more protected categories. … courts would necessarily have to shape the contours of such an elaborate system as to (1) when a threshold discriminatory showing is made, (2) what groups are covered by the Neil rule, and (3) what showing is required to establish

Antony Lee Turbeville v. Department of Financial Services

248 So. 3d 194 · District Court of Appeal of Florida · May 3, 2018

“If the agency's interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed,” Florida Dep’t of Education v. … City of Miami Gardens, 200 So. 3d 765, 771 (Fla. 2016) (holding that a statute allowing mayoral candidate to be disqualified if a bank returned his qualifying fee check for “any reason” was unambiguous, as “any reason” included

Lopez v. State

716 So. 2d 301 · District Court of Appeal of Florida · Jul 29, 1998

Defendant correctly argues that a sworn statement to a prosecutor does not qualify as nonhearsay under section 90.801(2)(a), Florida Statutes. See Ellis v. State, 622 So.2d 991, 997-98 (Fla.1993); State v. … , in fear. [14] Clearly, if the identity of the person threatening the witness is known, and he or she can be tied to the defendant, then the threats can be introduced to prove the defendant's guilt and no limiting instruction

Barber v. State

988 So. 2d 1170 · District Court of Appeal of Florida · Aug 6, 2008

This concept, in the context of persons on parole, is well established in our jurisprudence. See United States v. … This would be an unwarranted extension of the overbroad language in Gordon and would clearly be contrary to the intent of the Legislature.

Marsh v. Valyou

917 So. 2d 313 · District Court of Appeal of Florida · Dec 23, 2005

Causal propositions are rarely established with absolute certainty in the realm of medicine. … In Hadden , the Supreme Court of Florida considered whether Frye was applicable to testimony by a qualified psychologist that the alleged victim in a child sexual abuse case was exhibiting symptoms consistent with those of

Schultz v. TM FLORIDA-OHIO REALTY LTD. P'SHIP

553 So. 2d 1203 · District Court of Appeal of Florida · Dec 15, 1989

While the fact that the property appraiser's $3,981,400 assessment exceeded fair market value establishes that his assessment was wrong, that in itself does not establish that the trial court's $2,950,000 reduced assessment … The court said: To the extent that the tax commission permitted actual income to be ignored, the ... valuation was clearly in error. ... .

Humana Medical Plan, Inc. v. State, Agency for Health Care Administration

898 So. 2d 1040 · District Court of Appeal of Florida · Mar 16, 2005

Effective administration of the Medicaid program clearly requires a sufficient number of established and financially viable providers to ensure continuity and quality of care. … Lucie and Indian River Counties exemptions from certificate of need review for the establishment of open-heart surgery programs.

JAMES L. ESSENSON v. DOROTHY B. BLOOM AND ROBERT M. ELLIOT, AS TRUSTEE

District Court of Appeal of Florida · Jul 27, 2018

And although the rule clearly states that we may do so, there is little authority addressing how a party should request such an order and the circumstances in which a district court might issue one. … -8- provides an exception to awarding costs to the prevailing party, we think that our exercise of discretion to preclude such an award cannot be predicated upon deciding ourselves who qualifies

Cliff Berry, Inc. v. State

116 So. 3d 394 · District Court of Appeal of Florida · Jan 4, 2012

. *427 THE DEFENDANTS’ GOOD FAITH THEORY OF DEFENSE During closing arguments, the defendants’ lawyers argued that the defendants were operating under the mistaken belief that all of the contents in tank 21 qualified as petroleum … only that a person made a mistake in judgment or an error in management, or was careless, does not establish fraudulent intent.

Rodney Shands v. City of Marathon

District Court of Appeal of Florida · Feb 5, 2025

Agency, 535 U.S. 302, 330 (2002) (“Under that rule, a statute that ‘wholly eliminated the value’ of Lucas’ fee simple title clearly qualified as a taking. … It then flatly rejected the proposition that “all sales qualify as economic uses.” Id.

Payton Hlt. Care v. Est. of Campbell

497 So. 2d 1233 · District Court of Appeal of Florida · Jul 30, 1986

Clearly, the motion was insufficient since it dealt solely with prejudice that was allegedly founded on the adverse rulings of the trial judge against appellants. … At the trial of this cause, appellees presented the testimony of a medical doctor who was qualified for the purpose of testifying as an expert in nursing home care.

Rivera v. State

274 So. 3d 537 · District Court of Appeal of Florida · Jun 21, 2019

The examination into and evidence of bias, motive or self-interest was clearly relevant and, if proven, could have impacted Soto's credibility. … For example, a witness who claims to have helped the defendant commit a crime or has been promised immunity from prosecution or hopes to gain more favorable treatment in his or her own case may have a reason to make a false

STATE OF FLORIDA v. DACOBY RESHARD WOOTEN AND THE PALM BEACH POST

District Court of Appeal of Florida · Nov 28, 2018

This extraordinary writ is reserved for situations where there is a “violation of a clearly established principle of law resulting in a miscarriage of justice.” Id. at 254. … (stating that traditional investigative techniques include “(1) standard visual and aural surveillance; (2) questioning and interrogation of witnesses or participants (including the use of grand juries and the grant of immunity

Bush v. State

809 So. 2d 107 · District Court of Appeal of Florida · Mar 6, 2002

The prosecutor's first comment was a proper outline of what the prosecutor expected to establish by the evidence. At trial, Dr. … One time, a nurse recalled Jennifer telling her, "I'm having a seizure," but Jennifer was clearly not. 18. Bush owned a specialized wheelchair for Jennifer, one similar for use by Cerebral Palsy patients.

Schneer v. Allstate Indem. Co.

767 So. 2d 485 · District Court of Appeal of Florida · Oct 18, 2000

We recognize that this is a harsh result but we are constrained by established supreme court precedent to so hold. … Properly considering the issue, then, as one of first impression in this state, I think, as I broadly (but apparently not broadly enough) hinted in what was clearly dictum in Wong Ken v.

Shriners Hospitals for Crippled Children, Inc. v. Dick

298 So. 2d 553 · District Court of Appeal of Florida · Jun 26, 1974

The Trustees under the Will qualified through order of court on April 13th, 1959, but it appears that distribution of the 1650 shares of *556 stock to the Trustees was not accomplished until the month of February, 1960. … Such a departure from the established precepts of trust administra *559 tion would require a clear expression in the will that such was the testator’s purpose.” In re Ross’ Estate, Sur., 151 N.Y.S.2d 1022 .