Case law

Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp.

353 So. 2d 137 · District Court of Appeal of Florida · Nov 22, 1977

At the hearing on this motion, Firestone made an oral motion for leave to amend its complaint to state more clearly its contention that, although it was not negligent, if any negligence were to be found on its part, such … (Supp. 1976). [5] We note that Armor is clearly distinguishable from the instant case in that the third party plaintiff therein made no attempt to amend his complaint, but instead predicated his claim for indemnity on 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.

Big Sun Healthcare Systems, Inc. v. Prescott

582 So. 2d 756 · District Court of Appeal of Florida · Jul 11, 1991

Facts are not necessarily privileged simply because they are recorded on a privileged or immune document. … (f) The department or its agent, for the purpose of establishing and maintaining a trauma registry... .

UCF Athletics Ass'n v. Plancher

121 So. 3d 1097 · District Court of Appeal of Florida · Aug 16, 2013

Since a reasonable reader could believe that the liability waiver only extended to claims for injuries that were unavoidable “even when every reasonable precaution” had been taken, the court determined the waiver did not clearly … Eminisor, 104 So.3d 359, 368 (Fla.2012) (“The State acts through its agencies and independent establishments, and a corporate instrumentality of an agency or independent establishment is an instrumentality of the state.”)

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.

Lavette v. State

442 So. 2d 265 · District Court of Appeal of Florida · Nov 16, 1983

immunity in time for a useful deposition to have been taken. … One of the conditions outlined in Smith for requiring a grant of immunity is that the proffered testimony is clearly exculpatory.

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.

Bayfront v. Birth-Related Neurological

982 So. 2d 704 · District Court of Appeal of Florida · Jan 16, 2008

Accordingly, with the law now established that the ALJ does, in fact, have jurisdiction to consider the issues of notice and the application of the Plan's immunity provision, we now review the ALJ's conclusion that Bayfront's … The statute does not mandate that both the hospital and physician must give notice; rather, the statute qualifies which hospitals must give notice.

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.

Dade Cty. v. Amalgamated Ass'n, Ser & Mc Emp.

157 So. 2d 176 · District Court of Appeal of Florida · Nov 1, 1963

Unless clearly authorized to do so by the enactment of legislation, the plaintiffs could not recognize as lawful any strike against the plaintiffs by the defendants. … The Board of County Commissioners shall establish and maintain personnel and civil service, retirement, and group insurance programs.

Tractor Supply Co. v. Kent

966 So. 2d 978 · District Court of Appeal of Florida · Aug 31, 2007

The question presented in this appeal is whether Byerley and Elliott establish that an employer such as TSC, who, through its comp carrier, [2] denies a worker's compensation claim on the basis that the injury or illness … assert comp immunity as a defense to a civil suit.

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

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

20 So. 3d 915 · District Court of Appeal of Florida · Sep 25, 2009

legislature must have enacted a general law waiving the States sovereign immunity for the claim. … Here, Appellants have failed to cite any legislative enactment waiving the States immunity to the claims in Counts IV and V.

Stewart v. Sun Sentinel Co.

695 So. 2d 360 · District Court of Appeal of Florida · Feb 12, 1997

duties of these defendants do not specifically include issuing press releases, these defendants are not protected by the absolute privilege attaching to statements by public officials incidental to their official duties established … Hurtado, as the trial court correctly found, was entitled to the absolute immunity afforded statements made in the course of judicial proceedings, even though the lawsuit had not yet been filed. Ange v.

Polk County v. Sofka

675 So. 2d 615 · District Court of Appeal of Florida · Apr 19, 1996

This Court and the district courts of appeal have established the principle that traffic control methods and the failure to upgrade intersections with traffic control devices are judgmental, planning-level decisions, which … However, the jury clearly resolved this issue in the plaintiff's favor. [2] City of St. Petersburg v.

Storm v. Town of Ponce Inlet

866 So. 2d 713 · District Court of Appeal of Florida · Jan 2, 2004

Writing for a small majority, Justice Overton said: The government clearly has no responsibility to protect personal property interests or ensure the quality of buildings that individuals erect or purchase. … Sovereign Immunity Based on A Discretionary Act of the Government.

MS v. Nova Southeastern University Inc.

881 So. 2d 614 · District Court of Appeal of Florida · Jul 21, 2004

In addition, the evidence established that Coastal hired and paid the salaries of the physicians. … Plaintiffs and the School Board argue that this provision clearly indicates that the parties did not intend for Nova to act as an agent of the School Board.

Kaisner v. Kolb

12 Fla. L. Weekly 1623 · District Court of Appeal of Florida · Jul 1, 1987

Moreover, the court's decision in Commercial Carrier did not discuss or consider conduct for which there would have been no underlying common law duty upon which to establish tort liability in the absence of sovereign immunity … The waiver was intended to be broad in its coverage, but clearly was not intended to create causes of action for activities that are inherently governmental in nature. Trianon Park, 468 So.2d at 921 .

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

by a sovereignly immune independent establishment of the state and which is subject to the type of control to which First Physicians Group is subject, is entitled to sovereign immunity. … The hospital district's immunity is not disputed by the Pagans. It is also well established that a physician employed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub.

Doe v. Escambia County School Bd.

599 So. 2d 226 · District Court of Appeal of Florida · May 18, 1992

Briefly, the evidence viewed in a light most favorable to the Does' case established the following. … The trial court erred in characterizing the plaintiff's cause of action as one for lack of adequate security; the complaint and the evidence of record clearly show that it is for the negligent breach of the school's duty