Case law

Roschman Partners v. SK PARTNERS I

627 So. 2d 2 · District Court of Appeal of Florida · Sep 29, 1993

The established law or rule of decision is that parties are ordinarily held to their bargains. … Reasons which could have been foreseen do not usually qualify to make the exception.

Florida Power Corp. v. State, Department of Environmental Regulation

638 So. 2d 545 · District Court of Appeal of Florida · May 13, 1994

Rule 17-312.300 et seq. establish the criteria for evaluating mitigation proposals. … However, the parties agree that the ICP project, the main impact site of which exceeds six acres, does not qualify for the new general permit, which is limited to projects with no more than one impact site exceeding a half

FLORIDA REALTORS AND FLORIDA APARTMENT ASSOCIATION, INC. vs ORANGE COUNTY, FLORIDA AND BILL COWLES, IN HIS OFFICIAL CAPACITY AS ORANGE COUNTY SUPERVISOR OF ELECTIONS

District Court of Appeal of Florida · Oct 27, 2022

The County is protected by sovereign immunity, and neither the Association nor its members could recover damages for the harm it has and will incur even if those damages were quantifiable. … Here, the ballot summary clearly sets out the main purpose of the ordinance—to limit rent increases for certain residential rental units to not exceed the Consumer Price Index.

Metro. Dade County v. Coscan Florida

609 So. 2d 644 · District Court of Appeal of Florida · Oct 13, 1992

Section 403.918, Florida Statutes (1987), requires the applicant to make essentially two showings in order to qualify for a permit. … (a) In determining whether a project is not contrary to the public interest, or is clearly in the public interest, the department shall consider and balance the following criteria: ..... 2.

Morris v. State

456 So. 2d 471 · District Court of Appeal of Florida · Jun 5, 1984

had bit off the ear of a man who he accused of stealing a cockatiel which Donaldson claimed had been sent to him by God), they were not apprised that he at all times acted as an agent for the state or that he was granted immunity … So, you see from a vantage point of somebody who is here — they're established and hey, man, we want to meet you in the parking lot and do it, you know — by the same token to establish the kind of connections that you're

Farish v. Bankers Multiple Line Ins. Co.

425 So. 2d 12 · District Court of Appeal of Florida · Sep 22, 1982

After plaintiff's counsel qualified Lindsey as an expert and began to question him as to the value of the case, defendants objected on the grounds that Lindsey was a partner in Farish & Farish at the time "all this went on … Exemplary or punitive damages can only be allowed only when it is alleged in the complaint and established at trial that the defendant acted with malice, moral turpitude, wantonness, wilfulness or reckless indifference to

Lipsig v. Ramlawi

760 So. 2d 170 · District Court of Appeal of Florida · Mar 29, 2000

Clearly, all of Lipsig's activities were within the scope of his agency as the Dahlawi family attorney. … Such statement, clearly had nothing to do with the performance of Lipsig's legal services for the Dahlawi family.

Philip Morris USA Inc. v. Michael Jordan Lipp, Etc.

District Court of Appeal of Florida · Oct 29, 2025

This point is most clearly established by comparing it to the admissible testimony presented to the jury through Norma’s two sons and her husband, Jules. … In the instant case, admissible testimony was introduced that directly established Mrs.

Rolls v. Bliss & Nyitray, Inc.

408 So. 2d 229 · District Court of Appeal of Florida · Feb 5, 1982

Although the statute in question contains no statement of its purpose, it is clearly such a "police powers" measure. … App. 1957) (Kentucky statute requiring license to practice as consulting engineer designed to protect public from being imposed on by persons not qualified to render such professional services); Dick Weatherston's Associated

Flueras v. Royal Caribbean Cruises, Ltd.

69 So. 3d 1101 · District Court of Appeal of Florida · Sep 28, 2011

Flueras's injury and other representatives of RCCL were qualified to testify regarding shipboard policies and procedures, if relevant. .The substantive law that governs an action for unseaworthiness is the general maritime … Carnival Cruise Lines, Inc., 459 So.2d 378, 379 (Fla. 3d DCA 1984) ("[W]hile the plaintiffs are clearly entitled to sue in state courts for damages arising from maritime torts accruing on navigable waters in this country,

Department of Agriculture & Consumer Services v. Shuler Ltd. Partnership

139 So. 3d 914 · District Court of Appeal of Florida · May 12, 2014

Ch. 99-292, Laws of Fla. § 9 (codified in newly-established § 590.125, Fla. Stat. (1999)). . … The Division also raised issues of sovereign immunity and foreseeability, which need not be addressed. . This section provides: § 12-6-148.

Casamassina v. US Life Ins. Co.

958 So. 2d 1093 · District Court of Appeal of Florida · Jun 20, 2007

The trial court has great latitude in determining whether the proponent of evidence has met the burden of establishing a prima facie case of authenticity. E.g., State v. Love, 691 So.2d 620 (Fla. 5th DCA 1997). … What the applicant in fact believed to be true is the determining factor in judging the truth or falsity of his answer, but only so far as that belief is not clearly contradicted by the factual knowledge on which it is based

Cedars of Lebanon Hosp. v. Silva

10 Fla. L. Weekly 2102 · District Court of Appeal of Florida · Sep 10, 1985

This error was clearly harmful to Silva, since the jury's unasked questions related to damages only, and the future damages awarded were grossly inadequate. … Qualified experts in the field of anesthesiology testified that Dr. Gurvich had improperly placed the endotracheal tube in Mrs. Silva's esophagus initially, or that the tube had slipped out of Mrs.

Oldham v. Greene

263 So. 3d 807 · 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.

Neely v. State

565 So. 2d 337 · District Court of Appeal of Florida · Jun 27, 1990

Ferarro further testified that he would have pursued the Tallieres had he been given the canvass reports because those reports clearly disclose Kathy Talliere's suspicion of Raether as the attacker. *342 Detective Ritter … The ruling on the petition for writ of error coram nobis is similarly immune from our interference. The trial court found that there was newly discovered evidence that would have precluded Neely's conviction.

ANDRE WILSON, JR. v. STATE OF FLORIDA

242 So. 3d 484 · District Court of Appeal of Florida · Apr 4, 2018

The officers were clearly frustrated by Mr. … The challenged conduct must constitute outrageous behavior, and it must be established that the improper police conduct, to wit, the outrageous behavior, had a causal nexus to the confession. Bussey v.

Eagletech Communications, Inc. v. Bryn Mawr Investment Group, Inc.

79 So. 3d 855 · District Court of Appeal of Florida · Feb 1, 2012

As such, Eagletech failed to clearly set forth the “act” — the second required element for pleading a conspiracy — which the appellees allegedly agreed to undertake. … We also note that for the purpose of establishing a common enterprise consisting of the named defendants, Eagletech has treated the three funding agreements as a single transaction.

Puryear v. State

774 So. 2d 846 · District Court of Appeal of Florida · Dec 27, 2000

Since the victim testified at trial and was subject to cross-examination, under section 90.801(2)(c) her out-of-court statements to her boyfriend and the detective would be non-hearsay if they qualify as ones of "identification … committed to the `method of a gradual approach to the general, by a systematically guarded application and extension of constitutional principles to particular cases as they arise, rather than by out of hand attempts to establish

Catalina West Homeowners Association, Inc. v. First Community Insurance Company

District Court of Appeal of Florida · Jun 18, 2025

Ct. 2009) (“The stabbing of the defendant clearly constituted physical abuse within the language of the policy. … Clearly, one of the meanings of the word “physical” is “of or relating to the body.”

Childers v. State

936 So. 2d 619 · District Court of Appeal of Florida · Jun 28, 2006

(2) DOES THE "EXCEPTIONAL IMPORTANCE" PROVISION OF RULE 9.331(a), FLORIDA RULES OF APPELLATE PROCEDURE, ESTABLISH A JURISDICTIONAL THRESHOLD? … (3) IF THE RULE DOES ESTABLISH A JURISDICTIONAL THRESHOLD, WHAT IS THAT THRESHOLD?