Case law

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).

University of Miami v. Wilson

948 So. 2d 774 · District Court of Appeal of Florida · Feb 28, 2007

Because neither Lisa Wilson nor Keisha Salmon was a duly qualified personal representative of their mother's estate at any time pre-suit, it is indisputable they were not statutorily authorized "claimants" for purposes of … Where a party has not established his right to pursue his legal interest, the law requires dismissal.

Houck v. State

634 So. 2d 180 · District Court of Appeal of Florida · Mar 4, 1994

Clearly, a paved surface is not commonly understood to be an instrument for combat against another person. … In a previous opinion, the court had stated that "an instrument capable of producing death or serious bodily injury by its manner of use qualifies as a dangerous weapon." Id. at 664 (emphasis added) (quoting Powell v.

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

JAVIER ALONSO-LLAMAZARES, M.D. v. INTERNATIONAL DERMATOLOGY RESEARCH, INC., etc.

District Court of Appeal of Florida · Jan 19, 2022

“[T]he determination of whether an activity qualifies as a protected legitimate business interest under the statute is inherently a factual inquiry, which is heavily industry—and context-specific.” … He asserts that as a result, IDR failed to establish a prima facie case and the burden never shifted to him to establish that the provision was overbroad or unreasonable under section 542.335(1)(c).

Loss v. Loss

608 So. 2d 39 · District Court of Appeal of Florida · Oct 28, 1992

Because the husband never agreed to pay and the wife never presented substantial competent evidence, the fee award was clearly in error. … Loss M.D. is a well established obstetrician/gynecologist with a large and lucrative surgical practice developed over the past 20 years. * * * * * * 3.

State Farm Mutual Automobile Insurance Co. v. Curran

83 So. 3d 793 · District Court of Appeal of Florida · Dec 2, 2011

I cannot conceive of any factual scenario that could more clearly establish a scheme to unfairly manipulate an insurer to set up a bad faith claim, and I certainly do not think that judges should discard common sense when … As I will subsequently discuss, the case law clearly establishes that examination requirements in policies have been an effective tool utilized by insurers to investigate claims for a very long time in Florida.

Hunsicker v. State

881 So. 2d 1166 · District Court of Appeal of Florida · Aug 20, 2004

Sentences For three acts of sexual battery, burglary of a dwelling and four lewd or lascivious acts committed on his ten-year-old victim during the late evening hours of February 2, 2001, Hunsicker, who the trial court found qualified … If the Legislature did not clearly express its intention to authorize separate punishments, the courts must resort to the test of statutory construction established in Blockburger v.

HOLLY BONDAR and ALEXANDER BONDAR v. TOWN OF JUPITER INLET COLONY

District Court of Appeal of Florida · May 5, 2021

“A ministerial act is distinguished from a judicial act in that in the former the duty is clearly prescribed by law, the discharge of which can be performed without the exercise of discretion.” City of Coral Gables v. … By its terms, 42 U.S.C. § 1983 provides for a cause of action for “person[s] within the jurisdiction” who have been “depriv[ed] of any rights, privileges, or immunities secured by the Constitution and laws” by a person acting

Bal Harbour Village v. City of North Miami

678 So. 2d 356 · District Court of Appeal of Florida · Apr 17, 1996

If Bal Harbour established fraudulent inducement, it would be entitled to such remedies as may be authorized by law. … It would certainly stand to reason that North Miami would utilize the services of its own noise consultant, who was clearly the most knowledgeable person to speak about this subject.

Koenig v. State

497 So. 2d 875 · District Court of Appeal of Florida · Dec 2, 1986

Clearly, the fact that the jury did not contain a black is not tantamount even to a finding that there was a substantial likelihood that the defendant was exercising peremptory challenges solely on the basis of race, much … Neil was decided after the trial of this case, its effect was to qualify the peremptory challenge right which, pre Neil , was unqualified.

MICHAEL JOHN CRECELIUS v. MILDRED RIZZITANO, as Personal Representative of the ESTATE OF ROBERT ANTHONY ALVES, JR.

District Court of Appeal of Florida · Feb 27, 2026

(presumptively holding), and “problem categories” (potentially holding or dicta), such as alternative justifications (e.g., two independent grounds for a decision), structured or ordered tests (e.g., strict scrutiny, qualified … immunity, etc.), and hypotheticals.

LEGGETT GROUP, INC. v. Davis

973 So. 2d 467 · District Court of Appeal of Florida · Oct 10, 2007

This clearly indicates that the Court did not consider a design defect claim as being preempted by Congress. … This court acknowledged in Zimmer that the argument that the installer of the' product did not qualify as the "ordinary consumer" was compelling, but because the jury could have found for the appellee on the "risk utility

Casey v. Florida Power Corporation

157 So. 2d 168 · District Court of Appeal of Florida · Sep 13, 1963

Four qualified witnesses testified for appellant that the 113 acres had been substantially reduced in value by the presence of four steel towers 84 feet high and twin power lines each carrying 154,000 volts. … Clearly the injury done to the property by the presence of power lines and steel towers is not merely speculative."

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

District Court of Appeal of Florida · Nov 3, 2022

Enriquez petitioned to establish paternity and to have timesharing with the minor child. … consideration of the words of a statute “in their context” and that “every word employed in [a legal text] is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify

Walter E. Heller & Co. Southeast v. Williams

450 So. 2d 521 · District Court of Appeal of Florida · Apr 3, 1984

The omission from section 197.056(1) of this language suggesting a superior lien on all personal property of the taxpayer, and the addition of the qualifying language providing under what circumstances the tax liens would … Fiore, 160 Fla. 106 , 33 So.2d 852 (1948) (intention to create a tax lien or to extend it to any particular species of property must clearly appear in statute, since tax lien is solely a creature of statute); Op.Atty.Gen.

Philip P. Oldham v. Hillary E. Greene

District Court of Appeal of Florida · Dec 27, 2018

Next, and at issue here, the petitioner must demonstrate a departure from the essential requirements of law by showing the order violates clearly established principles of law resulting in a miscarriage of justice. … The Father’s mental condition was in controversy with respect to establishing a timesharing schedule for the minor child.

Albertson's, Inc. v. Florida Department of Professional Regulation

658 So. 2d 134 · District Court of Appeal of Florida · Jul 11, 1995

I believe it clearly does not. … In short, because of the numerical cap on sales outlets, of the almost 2,000 pharmacy stores in Florida, only 183 qualify for the designation “independent pharmacy.”

Rico Johnson v. State

215 So. 3d 644 · District Court of Appeal of Florida · Apr 7, 2017

Alvarez preceded Evans, but it 8 is clearly not in tension with Evans. … The point we emphasize is that, under the Evans construct, the agents were clearly investigating the crime while it was in progress.

Mercury Ins. Co. of Florida v. Cooper

919 So. 2d 491 · District Court of Appeal of Florida · Nov 23, 2005

Florida courts have held that this attorney's fees statute is triggered where an insurance company settles a claim and voluntarily dismisses a related declaratory judgment action without qualifying or limiting the dismissal … The Court: You've established that. I don't think it's fair, that's what I'm telling you.