Case law

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.”

D.P. v. State

705 So. 2d 593 · District Court of Appeal of Florida · Dec 10, 1997

Clearly, it cannot be realistically asserted (and D.P. does not so assert) that there is a fundamental right to the possession of spray paint or jumbo markers. … They were clearly enacted solely for the protection of property within the county.

Bearden v. State

62 So. 3d 656 · District Court of Appeal of Florida · Apr 13, 2011

But Chambers does not necessarily establish an immutable checklist of four requirements. … Whether the evidence established beyond a reasonable doubt that Mr. Bearden was such a principal is a much closer question.

Cabrera v. State

206 So. 3d 768 · District Court of Appeal of Florida · Nov 9, 2016

Stat. (2015)—or, more generally, that the hearsay statements were not admissible because they were not “clearly reliable,” Townsend, 635 So.2d at 951 . *778 To determine whether hearsay statements are clearly reliable, the … He argues that the trial court wrongly allowed expert testimony on subjects in which the witness was not qualified as an expert.

SHERARD ADAMS v. STATE OF FLORIDA

District Court of Appeal of Florida · Jul 24, 2019

It also argues the statements qualified as statements against the declarant’s penal interest under section 90.804(2)(c), Florida Statutes (2016). … “‘Any probative value such an opinion may possess is clearly outweighed by the danger of unfair prejudice.’” Id. (citation omitted).

The Public Health Trust of Miami-Dade County, etc. v. Agency for Health Care Administration

District Court of Appeal of Florida · Apr 26, 2019

Acad. of Cosmetic Surgery, 808 So. 2d 243, 251 (Fla. 1st DCA 2002). 31  The Statutes and GAAs The Agency makes payment to qualified providers as set forth in Chapter … 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.

Palm Lake Partners II, LLC v. C & C Powerline, Inc.

38 So. 3d 844 · District Court of Appeal of Florida · Jun 21, 2010

Specific performance may be granted only when (1) the plaintiff is clearly entitled to it, (2) there is no adequate remedy at law, and (3) the judge believes that justice requires it. See Castigliano v. … "A promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Cintas Corp. No. 2 v.

Gretna Racing, LLC v. Department of Business & Professional Regulation

178 So. 3d 15 · District Court of Appeal of Florida · Oct 2, 2016

Sections 4 through 25 of the act would not take effect by their enactment; instead, they would only take effect if specified events in the process of establishing the Seminole Gaming Compact were achieved. 5 -These conditions … Instead, the Legislature chose to .mandate that the referendum be held “pursuant to a statutory or constitutional .authorization” — an explicit qualifier, that appears to be unique in the Florida Statutes.

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.

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

District Court of Appeal of Florida · Sep 17, 2021

Wall in 10 order to establish liability under section 767.01. … In fact, in cases such as this one, where the Legislature has clearly declared a contrary intent, such dicta must be disregarded."

McIntyre v. McIntyre

452 So. 2d 14 · District Court of Appeal of Florida · Apr 18, 1984

The witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon the witness's personal … perception (he had not been to Japan) and required special knowledge and skill which the witness clearly lacked.

City of Miami v. EASTERN REALTY COMPANY

202 So. 2d 760 · District Court of Appeal of Florida · Aug 22, 1967

Bay, the city negotiated with that government agency to have spoil from the dredging deposited so as to fill in the submerged lands between the shore and the County Bulkhead Line at certain locations, for the purpose of establishing … Such rights are not in the nature of a qualified title in the adjacent submerged lands but are in the nature of a preferential right to purchase. * * *" [Italics supplied] In this instance the plaintiff was not in a position

DP v. State

705 So. 2d 593 · District Court of Appeal of Florida · Dec 10, 1997

Clearly, it cannot be realistically asserted (and D.P. does not so assert) that there is a fundamental right to the possession of spray paint or jumbo markers. … They were clearly enacted solely for the protection of property within the county.

Lennar Homes, Inc. v. Dorta-Duque

972 So. 2d 872 · District Court of Appeal of Florida · Sep 19, 2007

Clearly, the rule does `not state or imply that a notice of appeal and a petition for writ of certiorari are the same or that the terms are interchangeable. … The three attorneys who participated in the negotiations, Juan Mayol for Lennar, and Mark Starkman and Kent Harrison Robbins for Dorta-Duque, have testified that the qualifying language limiting "appeal" and defining it as

Bechtel Corp. v. Batchelor

District Court of Appeal of Florida · Dec 27, 2017

His opinion did not qualify or quantify Batchelor’s exposure at Turkey Point from any particular sources or any particular parties’ conduct. … Yet Batchelor very clearly testified that he was never under the control of Bechtel or any other contractor.

Nisbany Surit-Garcias v. State of Florida

District Court of Appeal of Florida · Jul 10, 2024

Paramedics administered Narcan, which allowed the defendant to speak more clearly. Paramedics smelled possible ethyl alcohol. … Second, “the residual clause leaves uncertainty about how much risk it takes for a crime to qualify as a violent felony,” as “[i]t is one thing to apply an imprecise ‘serious potential risk’ standard to real-world facts;

Osceola County v. Best Diversified, Inc.

936 So. 2d 55 · District Court of Appeal of Florida · Aug 11, 2006

The answer is clearly no. Lucas v. … This violation of a well-established rule of law is precisely what the new majority has done in this case by substituting its judgment for that of the trial court.

Evershield Products, Inc. v. Sapp

195 So. 2d 10 · District Court of Appeal of Florida · Feb 10, 1967

marginal note 2, supra) because the effective date of the latter section had not accrued at the time of service, the opinion strongly implying, however, that if Sec. 47.17 had been applicable the service would have been clearly … But the opinion, again written by Justice Drew, held that even under Sec. 47.171 a foreign corporation was amenable to state court process upon its agent in the state even though the foreign corporation was “not qualified

Js v. Sa

912 So. 2d 650 · District Court of Appeal of Florida · Sep 21, 2005

An "adoption entity" is defined in section 63.032 as: [T]he department, an agency, a child-caring agency registered under s. 409.176, an intermediary, or a child-placing agency licensed in another state which is qualified … The Florida Legislature clearly contemplated that an adoption entity be involved in all non-relative/non-stepparent *658 adoptions handled under Chapter 63.

Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc.

District Court of Appeal of Florida · Mar 20, 2026

344 So. 3d at 590; Rakusin, 863 So. 2d at 444; Nants, 783 So. 2d at 366. 11 the testimony of an expert witness concerning a reasonable attorney’s fee is necessary to support the establishment … However, while this statement directly addresses whether a court must receive expert testimony, it was also clearly dictum.