Case law

Gretna Racing, LLC. v. Department of Business and Prof. etc.

District Court of Appeal of Florida · Oct 20, 2015

I believe consideration can be given to whether the original decision was a substantial departure from established law and how important the issue was which the original panel decided. … The misapprehension in the original decision as what qualifies as an “eligible facility” is very significant.

Humana Medical Plan, Inc. v. Reale

180 So. 3d 195 · District Court of Appeal of Florida · Dec 2, 2015

. § 422.503 (“In order to qualify as an MA organization, enroll beneficiaries in any MA plans it offers, and be paid on behalf of Medicare beneficiaries enrolled in those plans, an MA organization must enter into a contract … Compare 42 U.S.C § 1395kk(a) ("[T]he insurance programs established by this sub-chapter shall be administered by the Secretary.

Echo River Sanctuary, LLC f/k/a TSE Plantation, LLC v. 21st Mortgage Corp., Meri L. Harrell Curtis R. Harrell

District Court of Appeal of Florida · Sep 14, 2022

The Scotbilt mobile home—which the Harrells paid property taxes on, 4 declared to be their homestead, connected to a septic tank, and affixed to the land—qualifies as a fixture within the scope of the after-acquired property … 928, 928–29 (Fla. 1st DCA 1984) (citing the factors from Brooksville Hotel, and noting that the “[e]xistence of a security agreement does not necessarily preclude characterization of an object as a fixture if other facts clearly

Alpha v. Alpha

885 So. 2d 1023 · District Court of Appeal of Florida · Nov 5, 2004

The record establishes that the parties married on March 17, 1989. It was a second marriage for Randy, a first for Elizabeth. One daughter was born in 1993. … We conclude that testimony in the record supports the trial court's conclusion that the former husband has life insurance in the amount being required and that the cost is clearly affordable, given his net income and the

Freeman v. Dean Witter Reynolds, Inc.

865 So. 2d 543 · District Court of Appeal of Florida · Dec 19, 2003

As intentional tortfeasors, they clearly are not entitled to contribution from these defendants for the damages that they rightfully owe to the customers. See § 768.31(2)(c), Fla. Stat. (1997). … Merely conducting normal, lawful banking operations for the corporation is not enough to establish aiding and abetting an intentional tort against the corporation; the receiver needed to establish that these defendants had

State v. Del Gaudio

445 So. 2d 605 · District Court of Appeal of Florida · Jan 31, 1984

While it is the State's burden to prove the defendant has not been prejudiced, and "the circumstances establishing non-prejudice ... [must] affirmatively appear on the record," id.; but see Collier v. … Burris, 424 So.2d 128 (Fla. 1st DCA 1982) (a continuance not qualifying as being caused by exceptional circumstances and not caused by the defendant is charged to the State and does not toll or extend the speedy trial time

Summers v. State

625 So. 2d 876 · District Court of Appeal of Florida · Oct 1, 1993

The record reflects that the appellant did not have the requisite number of predicate offenses to qualify for such enhancement and, additionally, at the time of the original sentencing was not properly notified of the state's … It is clearly established that combined periods of incarceration plus probation are limited by the statutory maximum. Glass v. State, 574 So.2d 1099 (Fla. 1991); Holmes.

Hlad v. State

565 So. 2d 762 · District Court of Appeal of Florida · Jul 19, 1990

The opinions of Justices Marshall and Stewart would clearly preclude the subsequent enhancement use of any prior uncounseled misdemeanor conviction. … Stat.) are qualified and limited by the phrase "in a civil action or proceeding."

Pinecrest Lakes, Inc. v. Shidel

795 So. 2d 191 · District Court of Appeal of Florida · Sep 26, 2001

The court found that the Comprehensive Plan established a hierarchy of land uses, paying deference to lower density residential uses and providing protection to those areas. … "That initiative fell just a few thousand signatures short of the required number for qualifying for a referendum in 1984.

Nova v. State

439 So. 2d 255 · District Court of Appeal of Florida · Sep 13, 1983

I Clearly, the specific relief sought by Nova in his pro se motion, that is, the imposition of a sentence of no more than twenty years in accordance with the agreement, could not be afforded him. … Of course, it is well established that the right to a jury trial or a jury of twelve persons in a capital case may be waived, see Duncan v. Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1965); State v.

Village Saloon v. DIVISION OF ALCOHOLIC BEV.

463 So. 2d 278 · District Court of Appeal of Florida · Dec 3, 1984

On the other hand, if a party qualifies the agreement to proceed informally by requesting a hearing at *285 which to adduce additional evidence and argument, the Division is not at liberty to deny that party a hearing and … This section shall not apply to railroads selling only to passengers for consumption on railroad cars. (2) The division shall not be responsible for the enforcement of the hours of sale established by county or municipal

Stevens, Stevens v. Florida Peninsula Insurance Company

District Court of Appeal of Florida · Aug 29, 2025

Rule 1.442 The Florida Supreme Court adopted rule 1.442 to establish the procedure for invoking section 768.79. … Id. at 505 ("[W]e emphasize that a different result might well be reached if these immunity provisions were applied to abrogate the cause of action of a private plaintiff rather than a government entity's cause of action.

Procacci Commercial Realty v. DHRS

690 So. 2d 603 · District Court of Appeal of Florida · Jan 22, 1997

Further, Appellant failed to acknowledge well-established caselaw controlling the standards of review in bid protest cases. … It must be one so clearly untenable, or the insufficiency of which is so manifest on a bare inspection of the record and assignments of error [or briefs, in keeping with modern practice], that its character may be determined

Franklin v. White Egret Condominium, Inc.

358 So. 2d 1084 · District Court of Appeal of Florida · Aug 9, 1977

97 S.Ct. 1932 , 52 L.Ed.2d 531 , wherein a municipal housing ordinance sought to limit occupancy of a dwelling unit to members of a single family, but defined "family" in such a way that the appellant's household did not qualify … Considering the equitable nature of the complaint, any jury trial, if affordable at all, is clearly subject to the discretion of the trial court, and no abuse of discretion is shown.

Michael Guglielmo v. State of Florida-DOC Zephyrhills C I/Division of Risk Management

District Court of Appeal of Florida · Jul 30, 2025

This Court has declined to incorporate other subsections of the Act to supplement the clearly delineated requirements set forth in section 440.151. See id. at 295. In Caldwell v. … Even though the department accepted the medical condition as compensable—meaning the claimant was eligible for medical benefits related to that condition under section 440.13, Florida Statutes, as qualifying treatment became

Palm Beach Newspapers v. Burk

10 Fla. L. Weekly 1435 · District Court of Appeal of Florida · Jun 11, 1985

The same observations may be made of the contentions that depositions are not "judicial proceedings." [7] Tell that to someone being tried for perjury or to someone seeking a qualified or absolute privilege in a defamation … The trial court should be instructed to safeguard the openness of pretrial discovery unless and until good cause is established to justify a limitation.

Jenkins v. State

855 So. 2d 1219 · District Court of Appeal of Florida · Oct 13, 2003

We think the state in this case met its burden to establish the admissibility of the breath tests in these cases. … The statutory language of section 316.1932(l)(f)l., Florida Statutes (1991), very clearly requires that the rules and regulations precisely specify the test or tests and that they be adopted after public hearing.

ANTONIO RUIZ AND MARIA HERNANDEZ v. WENDY'S TRUCKING, L L C

District Court of Appeal of Florida · Sep 23, 2022

They alleged several breaches of that duty relating to failure to prevent mechanical repairs from being performed on the property, failure to train or hire someone qualified to supervise the lot, failure to supervise agents … While it is true that the type of accident in this case—a truck breaking loose from whatever was holding it in place and running over someone—could have happened anywhere, Ruiz and Hernandez's theory of liability is clearly

Florida Department of Revenue v. Ford

417 So. 2d 1109 · District Court of Appeal of Florida · Aug 11, 1982

However, under the original act the duty of the tax assessor to separately assess severed subsurface mineral rights was clearly conditional. … Does the qualified “right” to explore for and to extract minerals from beneath a parcel of land exist and have an assessable just value when there are no marketable minerals beneath the particular parcel?

State v. Wooten

260 So. 3d 1060 · 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 . … (vii) comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law[.]