Case law

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

Huff v. Goldcoast Jet Ski Rentals, Inc.

515 So. 2d 1349 · District Court of Appeal of Florida · Nov 25, 1987

Clearly, under those circumstances, having created a known dangerous condition not readily apparent to persons who could be injured thereby, the governmental entity has a duty to warn. … There has never been a common law duty establishing a duty of care with regard to how these various governmental bodies or officials should carry out these functions. These actions are inherent in the act of governing.

Bottling Group, LLC v. Giovanni E. Bastien

District Court of Appeal of Florida · Apr 24, 2024

The trial court found immunity applied. See id. … These facts, the court held, was sufficient to establish estoppel. See id. In the third case, Ocean Reef Club, Inc. v.

Albritton v. Gandy

531 So. 2d 381 · District Court of Appeal of Florida · Sep 13, 1988

He further testified that he was aware of nothing in Gandy's background that would have made her not qualified to continue working as a relief EMT. … Clearly such a result is contrary to the Florida Supreme Court's directive that punitive damages may not be assessed in an amount which will clearly bankrupt or destroy a defendant. Arab Termite and Pest Control v.

Rogers v. Cooper

575 So. 2d 266 · District Court of Appeal of Florida · Feb 18, 1991

In reversing the award of attorney's fees to the defendant, the appellate court did not hold that the department was immune from the provisions of Section 57.105. … However, a review of the role of the department in such proceedings, as specified by the statutes, clearly reveals that the department is much more than a nominal party.

Brown v. State

983 So. 2d 677 · District Court of Appeal of Florida · Jun 4, 2008

violent felony offender; and (3) the prior convictions relied upon by the State and trial court clearly establish the legality of the classification and sentence. … Because Brown clearly qualified to be sentenced as a habitual violent felony offender, we affirm. Affirmed.

Barnes v. State

576 So. 2d 758 · District Court of Appeal of Florida · Feb 22, 1991

Nothing in the statutory language of the 1988 or 1989 amendments to section 775.084 clearly and unambiguously demonstrates any legislative *765 intent to change these established legal principles governing the construction … or other qualified offenses."

Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use v. Florigrown, LLC, a Florida limited liability company and Voice of Freedom, Inc., d/b/a Florigrown

District Court of Appeal of Florida · Aug 27, 2019

Redner) with immunity from criminal or civil liability under Florida law for the “medical use of marijuana” that is “in compliance” with the amendment (emphasis added). … Does not immunize violations of federal law or any non- medical use, possession or production of marijuana. Id. at 476.

Rabon v. Inn of Lake City, Inc.

693 So. 2d 1126 · District Court of Appeal of Florida · May 22, 1997

Clearly, the legislature could have granted a broader statutory employer immunity by creating statutory employer status in any circumstance in which a business engages a subcontractor to perform a part of the business' regular … Thus, the facts in Antinarelli clearly demonstrated the existence of a contractual obligation between the hotel and its patrons which was sublet to the restaurant.

City of Tarpon Springs v. Garrigan

12 Fla. L. Weekly 2017 · District Court of Appeal of Florida · Aug 12, 1987

The trial court found that appellant's sovereign immunity had been waived by the enactment of section 768.28, Florida Statutes (1983). … Nothing prevented appellees from looking to the federal agencies who were directly responsible for establishing the information appellees sought from appellant. Trianon Park Condominium Association, Inc. v.

General Cinema Beverages v. Mortimer

689 So. 2d 276 · District Court of Appeal of Florida · Nov 15, 1995

Establishment of workers' compensation immunity usually requires the employer to bring forth facts from outside the four corners of the complaint, which necessarily requires a motion for summary judgment. … The employee's reliance on section 440.39 sufficiently establishes that his injury was covered by workers' compensation.

State v. McSwain

440 So. 2d 502 · District Court of Appeal of Florida · Nov 9, 1983

The “evidence so produced” in section 914.-04, to us, clearly refers to the earlier provision in the statute providing that a witness is not excused from “producing any book, paper, or other document” and has nothing to do … compelled testimony in this prosecution even to establish the fact (innocent in and of itself) of ownership of the vehicle.

In Interest of GGP

382 So. 2d 128 · District Court of Appeal of Florida · Apr 2, 1980

The tape clearly shows that appellant believed that the promise of immunity made by the St. Cloud officer covered all the burglaries. … Unless it could be effectively and clearly demonstrated that appellant understood that the Osceola deputy would not cooperate with the St.

Andrews v. Florida Parole Com'n

768 So. 2d 1257 · District Court of Appeal of Florida · Oct 18, 2000

Florida's highest court has clearly established that the doctrine of judicial immunity exists in Florida apart from the concept of sovereign immunity; that this type of immunity embraces persons who exercise a judicial or … In our view, the Commission was clearly acting in a quasi-judicial capacity in establishing the terms and length of Andrews' conditional release, and in the issuance of the warrants for his arrest and re-commitment to the

FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES v. REBECCA ALEXANDRE, etc.

District Court of Appeal of Florida · May 17, 2023

of the state to enter into contract or to undertake those activities 5  which, as a matter of practicality, require entering into contract, the legislature has clearly … Id. at 6; see also Verdini, 339 So. 3d at 418 (“It is firmly established that a sovereign may be sued in contract only where there is an express, written contract.”); County of Brevard v.

Florida Virtual School v. Courtney Calfee

District Court of Appeal of Florida · Nov 26, 2025

should be established as early in the litigation as possible.” … FVS, which was “established for the development and delivery of online and distance learning education,” is governed by its board of trustees—a “public agency entitled to sovereign immunity pursuant to [section] 768.28[

Brown v. City of Pinellas Park

557 So. 2d 161 · District Court of Appeal of Florida · Feb 16, 1990

Cf. 57A Am.Jur.2d Negligence § 185 (1989) (industry customs or practices "often highly probative" in establishing a duty of care.). … That is, it does not appear to have been established in that case, as is apparent under the allegations in this case, that there was a very clearly sufficient period of time in which the pursuing officers could have been

County of Brevard v. Miorelli Engineering, Inc.

677 So. 2d 32 · District Court of Appeal of Florida · Jun 28, 1996

contract, it clearly intends that such contracts be valid and binding on both parties. … The fourth district noted that the supreme court in Pan-Am did not indicate that it intended to change established principles of contract law.

Making Ends Meet, Inc. v. Cusick

719 So. 2d 926 · District Court of Appeal of Florida · Sep 2, 1998

However, [t]he right of a lessor to disapprove of prospective assignees of a lease does not render the lessor immune from an action for tortious interference with the business *928 of the lessee where it can be shown that … The qualified privilege established in Genet "carries with it the obligation to employ means that are not improper. In other words, the privilege does not encompass the purposeful causing of a breach of contract."