Case law

Square D Co. v. Hayson

621 So. 2d 1373 · District Court of Appeal of Florida · Jul 2, 1993

This is clearly not the law, as will be more fully developed below. … The witness had no training in the area of labels and warnings, and had never been qualified as an expert in electrical power distribution equipment.

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.

GULFSTREAM PK. RAC. ASSOCIATION, INC. v. Board of Bus. Reg.

318 So. 2d 458 · District Court of Appeal of Florida · Aug 29, 1975

The Board has awarded the middle dates to Hialeah, notwithstanding that it thereby interrupts an established rotation pattern and gives the poorer revenue producer the choice dates desired by the better producer, on two alternative … of § 550.081, F.S. 1971, and the Supreme Court's decision invalidating that statute accepted sub silentio the legislative preference for the best producer while insisting that Gulfstream be given an equal opportunity to qualify

Sibley v. Sibley

885 So. 2d 980 · District Court of Appeal of Florida · Dec 8, 2004

The former husband relies on the thirty-day rule established by Tableau Fine Art Group, Inc. v. Jacoboni, 853 So.2d 299 (Fla.2003), but reliance on that case is misplaced. … We clearly stated in our opinion of November 3 that for purposes of part V of the opinion, this court reviewed its files in all of the former husband's prior appellate proceedings.

Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fund

400 So. 2d 66 · District Court of Appeal of Florida · Jun 1, 1981

Following DER's adoption of the recommended order with little change, Key Haven had a clearly defined opportunity to appeal the DER order within the administrative *68 process. … Key Haven seeks to circumvent the established review procedure for denial of a dredge and fill permit by DER by alleging agreement with that denial.

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

270 So. 3d 488 · District Court of Appeal of Florida · Apr 26, 2019

The Statutes and GAAs The Agency makes payment to qualified providers as set forth in Chapter 409, Florida Statutes, subject to the limitations or directions enumerated in the GAAs. § 409.902(1), Fla. Stat. … Prior to passage of the newly enacted article V, section 21 of the Florida Constitution, this Court deferred to an agency's interpretation of statutes it implemented unless such interpretation was clearly erroneous.

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida · Jan 26, 2024

The use of the definite article "the," in this context, clearly and unambiguously indicated a holistic, collective meaning for "sanction." … That is not a role for the legislature to assume in the system established under our state constitution. See art. V, § 3(b)(3), Fla. Const.

Florida Elks Children's Hospital v. Stanley

610 So. 2d 538 · District Court of Appeal of Florida · Dec 4, 1992

in Beckwith, declaring the statute unconstitutional: Had the 1980 decision declaring the statute unconstitutional emanated from the Florida Supreme Court rather than the Supreme Court of the United States, it would have qualified … first impression whose resolution was not clearly foreshadowed; (2) the merits and demerits in each case must be weighed by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective

T.S.D. v. State

742 So. 2d 536 · District Court of Appeal of Florida · Oct 27, 1999

Given the record in this case I do not believe the respondent has established that the trial judge’s decision was clearly erroneous. A review of the facts is necessary. … Haber, also a qualified forensic psychologist, interviewed the respondent and opined that the respondent was competent to waive Miranda.

Collins v. State

197 So. 2d 574 · District Court of Appeal of Florida · Mar 15, 1967

The effect of the majority ruling is so dismaying by virtue of its departure from the established principles prevailing in the jurisprudence of Florida that it has caused this dissent to extend to a length greater than the … Under this pronouncement Escobedo is clearly applicable to the instant case in point of time.

Rotstein v. DEPT. OF PROFESSIONAL & OCCUPATIONAL

397 So. 2d 305 · District Court of Appeal of Florida · Mar 11, 1981

Webb also establishes that upon review of the entire record an agency may increase a recommended penalty without explaining its rationale for the increase. However, as was indicated in McDonald v. … misdemeanor of the second degree... . [2] Section 40.01, Florida Statutes (1941): No person, who shall have been convicted of bribery, forgery, perjury or larceny, or any felony, unless restored to civil rights, shall be qualified

State of Florida v. Reddick

District Court of Appeal of Florida · Jul 9, 2025

This officer clearly intended to seek a warrant before entering the apartment to sweep it, and said so as evidenced by a video recording in the record. … The facts before us taken together establish probable cause to believe Appellee was in possession of child pornography.

State, Department of Insurance v. State Mutual Life Assurance Co. of America

604 So. 2d 505 · District Court of Appeal of Florida · Jun 11, 1992

One group of providers had “affiliated provider contracts” which established procedures, practices and policies which the provider agreed to follow. … Clearly, there are providers who have neither an “affiliated provider contract” nor a service contract with the HMO.

Torrence v. State

440 So. 2d 392 · District Court of Appeal of Florida · Oct 4, 1983

Ray clearly requires such. We agree that no waiver has been shown in the instant case. … This recognition is contained in the qualifying language in each that states "depending upon, (a) the accusatory pleading," Brown, 206 So.2d at 383 , [6] and "depending on the accusatory pleading" in category two of the 1981

Gawker Media, LLC v. Bollea

129 So. 3d 1196 · District Court of Appeal of Florida · Jan 17, 2014

Since “prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights,” the moving party bears the “heavy burden” of establishing that there are no less extreme … In support of his contention that the report and video excerpts do not qualify as matters of public concern, Mr. Bollea relies on Michaels v.

Singletary v. Costello

665 So. 2d 1099 · District Court of Appeal of Florida · Jan 3, 1996

In a footnote, the supreme court reinforced the all encompassing nature of this right by stating "[w]e see no reason to qualify that right on the basis of the denomination of a medical procedure as major or minor, ordinary … These vital interests, along with the need to preserve the integrity of the physicians and psychiatrists working within the penal system, clearly outweigh any diminished right to privacy held by Kallinger. Id. at 893.

Finney v. State

420 So. 2d 639 · District Court of Appeal of Florida · Oct 5, 1982

State, supra , control and mandate withdrawal of the plea which was accepted on the faulty premise that the reserved issue would qualify for appellate consideration. … contendere because `the essence of the agreement is that the legal guilt of the defendant exists only if the prosecution's case' survives on appeal, the plea "`continues to serve a partial state interest in finality, however, by establishing

In Interest of DJS

563 So. 2d 655 · District Court of Appeal of Florida · Apr 16, 1990

The Department presented no witness qualified to opine that this behavior was damage or injury under the statute. … No qualified expert witness presented any testimony to establish that the conduct of the two children observed by Ms. Medaugh, JG's preschool teacher (R. 103-07), and Mrs.

Ramroop v. State

174 So. 3d 584 · District Court of Appeal of Florida · Sep 4, 2015

Having established that the admission of the photograph was error, we now address whether the error warrants a new trial. … In such instance, the statute’s plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent.” Daniels v. Fla.

Riles v. Hege

133 So. 2d 84 · District Court of Appeal of Florida · Aug 9, 1961

A directed verdict upon a finding of contributory negligence as a matter of law is improper unless the plaintiff’s conduct is so clearly negligent that reasonable men could not differ on the inferences to be drawn from such … Plaintiff’s *88 deposition establishes that he was trav-elling on a through street and under the ordinance had the right of way-over defendant.