Case law

Taylor v. State

818 So. 2d 544 · District Court of Appeal of Florida · Jan 23, 2002

. *549 The sections do not all concern both violent and repeat offenders, as implied in section 1, but they clearly deal with one subject and are logically connected. … At this point the bill died. [5] In chapter 96-388, section 45, at 2336, Laws of Florida, the legislature reenacted section 790.235, Florida Statutes, which established the crime of unlawful possession of a firearm by a violent

State v. Kliphouse

771 So. 2d 16 · District Court of Appeal of Florida · Sep 27, 2000

In approving the police procedures utilized to obtain blood samples in Schmerber , the Supreme Court stressed the fact that the petitioner was under a lawful arrest and that the facts in that case clearly established probable … As phrased, the charge was clearly in the alternative, charging both impairment and an unlawful blood-alcohol level.

Byrd, The Florida Senate v. Black Voters Matter Capacity Building Institute, Inc., Equal Ground Education Fund, Inc.

District Court of Appeal of Florida · Dec 1, 2023

Supreme Court considered this report in establishing the Gingles preconditions. … Qualifying in Florida for the United States House of Representatives starts on April 8, 2024. See § 99.061(8), Fla. Stat. (2023).

Trowell v. State

706 So. 2d 332 · District Court of Appeal of Florida · Jan 20, 1998

The first apparent departure from established precedent occurred in Bridges v. … In Robinson , our supreme court clearly set out Florida law on this subject.

Englewood Golf, Inc. v. Englewood Golf Condominium Villas Ass'n

14 Fla. L. Weekly 2004 · District Court of Appeal of Florida · Aug 25, 1989

Moreover, we recognize that additional parcels of land, which are not discernible from the record, may qualify for this category. … Thus, the trial court’s order must clearly differentiate between the common areas and the adjacent undeveloped land.

ESCAMBIA CTY. COUNCIL v. Goldsmith

12 Fla. L. Weekly 56 · District Court of Appeal of Florida · Dec 23, 1986

Stat. (1981). [5] It is customarily a percentage rating assessed as a measure of the degree of loss of use of a limb or bodily function determined through physical examination by a qualified physician, and may be limited … The term "permanent impairment" is used in several different sections of chapter 440 in contexts which clearly illustrate that the statutorily defined concept of "permanent impairment" is quite different from the concept

Louidor v. State

162 So. 3d 305 · District Court of Appeal of Florida · Mar 25, 2015

In the instant case, defense counsel not only failed to object to the admission of the clearly inadmissible portions of videotaped interrogation, defense counsel stipulated to their admission so long as Louidor’s boyfriend … Defense counsel’s stipulation was specifically qualified so that statements made by Louidor’s boyfriend in the interrogations were not admitted per Bru-ton.

Rabie Cortez v. Palace Holdings, S.A. De C.V.

66 So. 3d 959 · District Court of Appeal of Florida · Jun 22, 2011

Rodriguez’s affidavit, sought dismissal of this action by stating, after qualifying her statements as “true and correct and are made upon [her] personal knowledge,” that neither Palace *965 Resorts Travel, Inc., d/b/a Palace … An alternate forum is inadequate where “the remedy offered by the other forum is clearly unsatisfactory ... [and] if the remedy there clearly amounts to no remedy at all.” Kinney, 674 So.2d at 90-91 .

CITIZENS & PEOPLES NAT. BANK v. Futch

650 So. 2d 1008 · District Court of Appeal of Florida · Feb 16, 1995

The complaint asked Division "D" to establish the respective rights of the defendants to the bond fund. … Clearly, under the allegations of the complaint, Head and Futch were interested and necessary parties to the dispute.

Blumin v. Ellis

186 So. 2d 286 · District Court of Appeal of Florida · May 4, 1966

established a good defense by the same quantum of proof. … The provisions of the contract, above mentioned, clearly show an intent to create a lien or mortgage upon the assets of Palmdale, and equity should effect this intent.

Dayton Tire and Rubber Co. v. Davis

348 So. 2d 575 · District Court of Appeal of Florida · Jun 29, 1977

Rule 3.7 f.(3) clearly requires reference to the pages of the original record. … As the evidence in the case sub judice clearly demonstrated, tires may fail from many causes. Tire failure does not speak for itself.

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

District Court of Appeal of Florida · Jul 25, 2018

The evidence presented by the Media establishes that different sources tell different stories about the first responders’ conduct. … Without knowing such information, I submit one cannot clearly understand the extent of the exposure of weaknesses.

Holland v. Hattaway

438 So. 2d 456 · District Court of Appeal of Florida · Sep 22, 1983

MRTA is applied [6] by first establishing a claimant's chain of title and determining its root of title. … The right of way easement claimed by appellees was clearly intended to be in rem and appurtenant to, and for the benefit of, Lot 1 which is one of its termini.

Blankfeld v. Richmond Health Care, Inc.

902 So. 2d 296 · District Court of Appeal of Florida · May 25, 2005

There are many instances in which the supreme court has qualified the remedial canon. [7] Sometimes the canon may mean *304 an expansive interpretation, but it may not. … The language and structure of the statute establish how far to go."). [13] See e.g. Mansell v.

Borges v. State

394 So. 2d 1046 · District Court of Appeal of Florida · Feb 18, 1981

The crime is complete if any one of us, including all law *1048 abiding citizens, carries a concealed firearm, unless we qualify under the exceptions set forth in subsections (3) and (4) of Section 790.01, Florida Statutes … Any consideration of lesser included offenses leads immediately to the four categories of such offenses established in Brown v. State, 206 So.2d 377 (Fla. 1968).

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida · Mar 30, 2022

A trial court abuses its discretion if its ruling was based on an “erroneous view of the law or on a clearly erroneous assessment of the evidence.” McDuffie v. … Chapter 766 establishes a voluntary binding arbitration process for potential medical malpractice claims.

Turner v. Wainwright

379 So. 2d 148 · District Court of Appeal of Florida · Jan 16, 1980

concedes that subsection 8(c) was not self-executing, that the legislature was given power to call parole and the Commission into existence; but the Commission urges that, once created by law, it partakes of the executive's immunity … Yet clearly his arrest for parole violations, in August 1977, intervened; and notwithstanding the expiration of Turner's original term, the Commission had jurisdiction in May 1978 to enter a proper order in proceedings timely

Crigger v. Florida Power Corp.

436 So. 2d 937 · District Court of Appeal of Florida · Jun 30, 1983

Also, "* * * the limits, location, and extent of his occupation must be definitely and clearly established by affirmative proof, and cannot be established or extended by presumption * * *" [case citation omitted] And the … The Lilly easement is a classic example of an express grant of an easement for a right-of-way which is so indefinitely described as to be incapable of location by a qualified surveyor.

Gay v. State

607 So. 2d 454 · District Court of Appeal of Florida · Sep 25, 1992

Moreover, it clearly appears to us that a part of defense counsel's trial strategy was to admit some of the lewd and lascivious offenses. … Michael DeMaria, a psychologist, was qualified, without objection, as an expert dealing with sexually abused children.

Grissom v. Commercial Union Ins. Co.

610 So. 2d 1299 · District Court of Appeal of Florida · Dec 22, 1992

The evidence also established that Grissom had purchased the real property involved *1303 in 1962. … In the Commercial Union policy, the word "accident" in the definition of "occurrence" is not explicitly defined, but it is used in a sentence that contains additional exemplifying or qualifying language.