Case law

Sears, Roebuck & Co. v. Forbes/Cohen Florida Properties, L.P.

223 So. 3d 292 · District Court of Appeal of Florida · Jul 12, 2017

At trial, testimony established that Dick’s was a “first-class” retailer. … For example, “[a] statute which retroactively turns otherwise profitable contracts into losing propositions is clearly such a prohibited enactment.” Id. at 314-15.

Coleman v. Coleman

191 So. 2d 460 · District Court of Appeal of Florida · Oct 11, 1966

The corporate cloak, with which individuals are permitted to immunize themselves from personal liability, carries with it corporate responsibility and obedience to laws governing conduct of the corporate affairs. … Reasonable restrictions on transfer of corporate stock may be established by *470 charter provisions, lawfully enacted by-laws, or by agreement between stockholders.

Severance v. State

972 So. 2d 931 · District Court of Appeal of Florida · Dec 13, 2007

The facts established at trial were that the victim was at her apartment one night watching television with her nine-year-old son when Severance, her boyfriend at the time, knocked on her door. … That one example of `use' is the first to come to mind when the phrase `uses . . . a firearm' is uttered does not preclude us from recognizing that there are other `uses' that qualify as well."

ANDREWS v. STATE OF FLORIDA

District Court of Appeal of Florida · May 15, 2024

She then tried to qualify and said, "I don't really hate anyone." No, she said she hated her. In a pretrial hearing, she admitted that. … State, 599 So. 2d 978, 983 (Fla. 1992) ("Testimony had previously established that Roark had a purse with her on the night she disappeared.

In Interest of AB

444 So. 2d 981 · District Court of Appeal of Florida · Dec 30, 1983

That home qualifies, because of the training and disposition of the foster parents, as a therapeutic foster home in which only one child may be placed. … The agreement states that "the established goal" of reunification "will be accomplished" by October 1984.

PATRICIA ANNE TINKER v. STATE OF FLORIDA

District Court of Appeal of Florida · Jun 8, 2022

This qualified the witness to testify as to the signature of defendant and to give his opinion concerning the same.”); see also Clark v. … In reverse order of the harmless error analysis factors listed in Hamilton, the jurors clearly consulted Column H.

Banco Inversion v. Celtic Finance Corp.

907 So. 2d 704 · District Court of Appeal of Florida · Aug 3, 2005

Clearly the ground of breaching a contract requiring performance in Florida is not sustained by Ben M. Hogan Co. … The fact that Celtic may have received communications in Florida from Banco barely qualifies as a contact, but surely only a minimal one.

Royer v. State

389 So. 2d 1007 · District Court of Appeal of Florida · Sep 9, 1980

I regard such a conclusion as unwarranted under the established law, and, in any event, unnecessary to the decision in this case and, therefore, obiter dicta. … The court herein makes no effort to qualify or upset the above statement of law in *1023 Mitchell . As such, it still stands as good law in this district and, indeed, accurately states the law throughout the country.

Tananta v. CRUISE SHIPS CATERING AND SERV.

909 So. 2d 874 · District Court of Appeal of Florida · Dec 22, 2004

(alternative fora inadequate only when shown that the "remedy available ... clearly amounts to no remedy at all"), citing Piper Aircraft Co. v. … Clearly, there is no inconvenience to Chamo, Vega, Simpson, and Cruz if they each sue on their home turf. VI.

Linn v. Fossum

894 So. 2d 974 · District Court of Appeal of Florida · Oct 18, 2004

The appellants mentioned the alleged improper bolstering in passing in their initial brief, but it was clearly not the thrust of their argument. Nor could it have been. The argument was that Dr. … The rule established by the foregoing cases is brought into sharp focus by the present matter. Dr.

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

District Court of Appeal of Florida · Dec 23, 2024

21 petition for benefits.” 2 As the supreme court has directed with respect to other statutory tolling provisions, the JCC must count the days between accrual and the day a tolling period starts (i.e., when qualifying … forth by” the supreme court). 4 4 Twice in the past, by my count, this court has (erroneously) referred to section 440.19(2) as an extension of the two-year period, rather than as the true tolling provision that it clearly

Doe v. Department of Health & Rehabilitative Services

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.

Intego Software, LLC d/b/a Critical Alert v. Concept Development, Inc.

198 So. 3d 887 · District Court of Appeal of Florida · Jul 25, 2016

Bank, 592 So. 2d 302, 305 (Fla. 1st DCA 1991) (“[R]efusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the … The CDI affidavit states that Intego represented that it was qualified to do business in California, is registered in and does business in California, and that “Intego contacted CDI representing that it was doing business

Matheson v. Miami-Dade County

258 So. 3d 516 · District Court of Appeal of Florida · Oct 10, 2018

Subsection (2) clearly focuses the thrust of the statute on judgments arising from claims based on the exercise of the State’s police power and says nothing about claims arising from breach of contract. … We found, however, that at least one of the parcels leased by the county did “not qualify for this exemption.” Id. at 689.

Vargas v. Deutsche Bank National Trust Co.

104 So. 3d 1156 · District Court of Appeal of Florida · Nov 28, 2012

That offer was conveyed by a cover letter, dated October 1, 2008, which clearly and unequivocally explained that Vargas qualified for a “specialized initiative program” which was only available for a limited time. … issue which need not be decided in this case — the acts done in furtherance of partial performance must be referable exclusively to the oral contract sought to be enforced and nothing else: The rule is that in addition to establishing

PAUL EVAN BATES v. MAGDA JHOVANNA BATES

District Court of Appeal of Florida · Aug 31, 2022

The dissenting opinions never maintain that this competent, substantial evidence is insufficient to qualify as coercion. Instead, they simply decline to address these facts. … This is clearly contrary to the well-settled principle that a prenuptial ultimatum is permissible.

Humana Medical Plan, Inc. v. Reale

District Court of Appeal of Florida · Dec 2, 2015

to obtain benefits through Medicare Advantage plans, which are administered by private insurers known as Medicare Advantage organizations (“MAOs”) that enter into contracts with CMS.5 42 C.F.R. § 422.503 (“In order to qualify … Both EOCs clearly state that if Humana makes a payment to an enrollee for covered services, Humana is “entitled to be fully subrogated to any and all rights you have against any person, entity, or insurer that may be responsible

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida · Sep 3, 2025

Lopez, 388 So. 3d at 845 (noting “two clearly defined types of benefits: indemnity benefits, governed by section 440.15 of the Florida Statutes; and remedial treatment, care, or attendance, governed by section 440.13”). … To qualify relevant precedent and recognize what specifically has come before, a review is helpful.

Topical Jewelers, Inc. v. Nationsbank, Na

781 So. 2d 392 · District Court of Appeal of Florida · Dec 27, 2000

The Bank acknowledges these principles, and agrees that the borrower, Tropical, qualifies as a "debtor" for Article 9 purposes. … For these purposes, a guarantor is properly viewed as a secondary obligor, and qualifies as a debtor under the definition. See American Seaway Foods. Inc. v. Belden S. Assocs. Ltd.

Hamilton County Bd. of Com'rs v. State, Dept. of Env. Regulation

587 So. 2d 1378 · District Court of Appeal of Florida · Oct 10, 1991

administrative hearing regarding issuance of a general permit to construct a boat ramp where the applicant withdrew its application for special permit after being informed by the Department that the project appeared to be qualified … Thus, if it is clearly established that a party has received notice informing him or her of the requirement of taking certain action within a specified period of time, and such party delays for a protracted length of time