Case law

Sloan v. Toler

778 So. 2d 1094 · District Court of Appeal of Florida · Mar 14, 2001

After the trial court denied defendants' motion to dismiss on the ground that they were entitled to qualified immunity, the defendants appealed. … "Absent evidence that [Idaho] Appellate Rule 11(a)(1) discriminates against interlocutory appeals of § 1983 qualified immunity determinations by defendants—as compared with other types of appeals—we must deem the state procedure

Bourassa v. Busch Entertainment Corp.

929 So. 2d 552 · District Court of Appeal of Florida · Apr 7, 2006

Thus, an employer's knowledge of the risks of dangerous activities and its failure to make the conditions "more safe" is not sufficient to establish an exception to workers' compensation immunity in the absence of some evidence … Yet, if this case does not present a jury question as to whether the employer's conduct was substantially certain to cause injury or death, then no case would seem to qualify.

Lienard v. DeWitt

143 So. 2d 42 · District Court of Appeal of Florida · Jun 29, 1962

Benson, Fla.App.1962, 136 So.2d 353 : “ * * * It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while … DeWitt individually, the correlation is clearly insufficient to invoke the exception. The defendant, therefore, was correctly held to be within the general rule of immunity from service of process. Affirmed. SHANNON, C.

State Ex Rel. Lowe v. Nelson

202 So. 2d 232 · District Court of Appeal of Florida · Sep 15, 1967

The right of the defendant here violated, does not stem from the recent more liberal decisions above, but is one which basically has been an established right for years. … The transcript of the proceedings before Grand Jury clearly shows that the State Attorney was not overly friendly nor overly zealous in advising the defendant of his rights.

From v. Tallahassee Democrat, Inc.

400 So. 2d 52 · District Court of Appeal of Florida · May 28, 1981

One of the privileges established by common law was that of "fair comment". This qualified privilege allowed a publisher to express an opinion or otherwise comment on matters of public interest. … In other words, defamatory matter uttered concerning a private figure gains no immunity from the notion, contradicting alleged fact, that by nature an opinion cannot have falsely described plaintiff; such defaming gains immunity

State v. Brock

106 So. 2d 607 · District Court of Appeal of Florida · Nov 18, 1958

The existence of a valid statute clearly sustains the sufficiency of the information, notwithstanding the intent of the framers of the informations or the impressions of the trial judge. Williams v. … It was there, held that while the information might have been so drawn as to contain greater detail as to the elements constituting the offense charged and more particularly described the offense for which immunity from arrest

Pate v. Worthington

679 So. 2d 790 · District Court of Appeal of Florida · Jun 20, 1996

Mirkhani and Worthington moved for summary judgment on the basis that the actions of the three inmates were unforeseeable and therefore they acted reasonably and, in any event, they were entitled to qualified immunity. … established statutory or constitutional rights of which a reasonable person should have known.

Fagan v. Jackson County Hospital District, Jackson Hospital

District Court of Appeal of Florida · Feb 14, 2024

Although conceding he did not notify DFS within that time limit, Appellant argues instead that, because chapter 766 establishes presuit investigation requirements that apply to claims against both non-immune defendants and … Contrary to Appellant’s argument, the court there clearly distinguished between the two statutory schemes.

Sancho v. Joanos

715 So. 2d 382 · District Court of Appeal of Florida · Aug 25, 1998

In this regard, the extraordinary writ of mandamus may not be used to establish the existence of an enforceable right, but rather only to enforce a right already clearly and certainly established in law. … Where a candidate presents himself before a filing officer for qualifying during the first four days of the qualifying period and submits incomplete qualifying documents, the filing officer clearly has a duty under section

Williams v. Pan American World Airways, Inc.

448 So. 2d 68 · District Court of Appeal of Florida · Apr 10, 1984

purportedly "sublet" work of carrying baggage was, at best, but a small, surely not indispensable portion and was thus, to use the legal term of art, merely "incidental" to the essence of the "prime contracts" — which was clearly … contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment

Stromberg-Carlson v. Jackson

11 Fla. L. Weekly 697 · District Court of Appeal of Florida · Mar 20, 1986

At trial the proofs established that the accident was caused by the highly slick and smooth surface of the roadway which caused the motor vehicle, in which Jackson was a passenger, to skid and strike the rear of another vehicle … The record clearly reflects this accident occurred within the course of Jackson’s employment under the “special hazard” exception to the “coming and going rule.” Naranja Rock Co. v. Dawal Farms, 74 So.2d 282 (Fla.1954).

Clemmons v. State

141 So. 2d 749 · District Court of Appeal of Florida · Apr 26, 1962

Clearly, the Coons case establishes no precedent as to the exercising of the power of contempt in a jurisdiction, such as ours, that has long recognized the independence of a grand jury by constitutional provisions and by … I therefore interpret the Brautigam decision as establishing the rule of law in Florida that a grand jury is not immune from punishment by contempt proceedings if it files a report containing scurrilous or defamatory statements

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida · Apr 3, 2024

because on the face of these counts, the plaintiffs clearly seek to recover only for what they consider to be economic loss. … As I already noted above, the plaintiffs here clearly sued to recover only economic loss—indeed, based on several novel legal theories.

Fast Tract Framing, Inc. v. Caraballo

994 So. 2d 355 · District Court of Appeal of Florida · Sep 15, 2008

If this meaning is unambiguous "and conveys a clear and definite meaning, that meaning controls unless it leads to a result that is either unreasonable or clearly contrary to legislative intent." Id. … It seems to me that the effect of the decision is to immunize employers who elect to hire undocumented aliens. They will never have to pay for workplace injuries, because their employees are not receiving "wages."

Champagne-Webber, Inc. v. City of Ft. Lauderdale

519 So. 2d 696 · District Court of Appeal of Florida · Feb 3, 1988

that limiting language than was intended by the Supreme Court. [1] The reasoning expressed by the Supreme Court in the Pan-Am Tobacco case was that the legislature, in authorizing a state agency to enter into a contract, clearly … emphasized that its holding was restricted to suits on express written contracts into which the state agency had statutory authority to enter, there is no indication that the Court intended by its decision to otherwise change established

State v. Montgomery

10 Fla. L. Weekly 853 · District Court of Appeal of Florida · Mar 26, 1985

Further, since the defendant has failed to establish an intention on the part of the state to distort the fact finding process of the trial through prosecutorial misconduct, statutory immunity is not available to the defense … practice it seriously impairs any potential prosecution because of the heavy burden placed on the prosecutor to establish that the evidence is not tainted by the witness's immunized testimony.

Brown v. City of Delray Beach

652 So. 2d 1150 · District Court of Appeal of Florida · Feb 8, 1995

Reading the affidavit as a whole it clearly implies that it was a representative or representatives of the Delray Beach Police Department who repeatedly made such assurances to Nugent. … Appellant's complaint and Nugent's affidavit clearly state that repeated assurances were made that "the evidence" would be maintained and that the City negligently failed to do so.

Hazealeferiou v. Labor Ready

947 So. 2d 599 · District Court of Appeal of Florida · Jan 5, 2007

Distinguishing the relevant employer for workers' compensation purposes in an employee leasing context is more complicated, however, than simply determining who might qualify as an employer under chapter 440. … The evidence below establishes that claimant worked exclusively in Alabama during this time.

Hines v. Columbia Livestock Market of Lake City, Inc.

12 Fla. L. Weekly 2803 · District Court of Appeal of Florida · Dec 10, 1987

City of Hialeah, 468 So.2d 912 (Fla.1985), and determined that the allegations of negligence involve discretionary governmental functions which are immune from suit despite the limited waiver of sovereign immunity effectuated … Trianon Park establishes that: ‘there is no governmental tort liability for the action or inaction of governmental officials or employees in carrying out the discretionary governmental functions [of enforcing the laws and

Greer v. Mathews

409 So. 2d 1105 · District Court of Appeal of Florida · Jan 28, 1982

immunity. … Nevertheless, it is our view that recent developments in the closely related, common law privilege of sovereign immunity parallel the scope of the state venue privilege.