Case law

Nicholas A. James v. Daniel K. Leigh, and Kenny Leigh, P.A.

145 So. 3d 1006 · District Court of Appeal of Florida · Sep 9, 2014

Since the absolute litigation privilege is a firmly established right of immunity designed to protect the public by ensuring the free and full disclosure of facts in the conduct of judicial proceedings, we conclude the … The respondents are seeking to apply a standard that would establish a closer relationship between the alleged defamatory statements and the judicial proceeding in which they are made than the case law establishes.

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.

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.

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.

Cross v. Lakeview Center, Inc.

529 So. 2d 307 · District Court of Appeal of Florida · Jul 14, 1988

Monahan did not qualify as a health care provider as defined in Section 768.59, Florida Statutes. Appellant objected to Dr. … The trial court overruled appellant's objection without specifically ruling whether the predictability of violence was a clearly established field. Dr.

Sebring Utilities Com'n v. Home Sav. Ass'n

508 So. 2d 26 · District Court of Appeal of Florida · Jun 5, 1987

The Sebring Utilities Commission was established by the Florida Legislature pursuant to Chapter 23535, Laws of Florida (1945). … We hold these provisions evidence a clearly expressed state policy to displace competition with monopoly public service.

Pensacola Jr. College v. Montgomery

539 So. 2d 1153 · District Court of Appeal of Florida · Feb 28, 1989

We reiterate that the statutory waiver of sovereign immunity "must be clearly expressed and strictly construed... ." See Gerard v. … 627.7262, Florida Statutes, prevented the filing of a motion to dismiss until the trial was concluded and judgment was entered against the insured — is inapplicable to the facts of the case at bar since the record plainly established

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.

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida · Dec 20, 2024

Notwithstanding this argument, nothing in the record establishes that the Bureau of Consumer Assistance is a subdivision of DFS or that their mailing addresses are the same. … Additionally, Appellee cites no case law supporting her claims that notice to a subdivision of DFS qualifies as notice to DFS for purposes of section 768.28(6)(a).

Slaughter v. State ex rel. Harrell

245 So. 2d 126 · District Court of Appeal of Florida · Feb 12, 1971

It is available to enforce a legal right that has already been clearly established, but not to establish a legal right. … Since he elected the remedy, he is bound by the narrow relief offered therein under long established legal principles.

Williams v. Gaffin Industrial Services, Inc.

88 So. 3d 1027 · District Court of Appeal of Florida · May 25, 2012

(“The plaintiffs complaint does not clearly show the applicability of [election of remedies] defense. … .”); see also Peak, 57 So.3d at 999 (reversing dismissal based on affirmative defense of sovereign immunity because the complaint did not conclusively establish its applicability).

POLK STATE COLLEGE DISTRICT BOARD OF TRUSTEES v. SHANTRELL FISHER

District Court of Appeal of Florida · Feb 9, 2024

“[B]ecause sovereign immunity includes immunity from suit, entitlement to sovereign immunity should be established as early in the litigation as possible.” Fla. Highway Patrol v. … legislature had “authorized certain goals and activities which can only be achieved if state agencies have the power to contract for necessary goods and services,” the Florida Supreme Court reasoned that the legislature “clearly

Louise Haddad v. Lyft Florida, Inc.

District Court of Appeal of Florida · May 13, 2026

Here, Subsection 18 is structured to establish a broad default rule of immunity, and Subsections (18)(a)1.–3. are exceptions to that general rule of immunity. … which is clearly expressed at Subsection 18’s outset.

Magre v. Charles

729 So. 2d 440 · District Court of Appeal of Florida · Mar 5, 1999

Charles failed to conclusively establish that his December 27th letter was a statement of pure opinion and hence not actionable. … Since the defamatory statement was protected by a qualified privilege, the burden shifted to Dr. Magre to establish that the privilege was lost through malice or improper purpose. Nodar; Randolph.

Russell v. Southeast Housing, LLC

162 So. 3d 262 · District Court of Appeal of Florida · Mar 11, 2015

“The federal government’s immunity from state taxation was established by the United States Supreme Court in McCulloch v. … In so holding, the trial court relied upon two tax cases involving the issue of ownership for purposes of qualifying for an exemption under Florida law.

Mobley v. State

132 So. 3d 1160 · District Court of Appeal of Florida · Jan 2, 2014

Section 776.012(1), (2), clearly states where the danger of death, great bodily harm or the commission of a forcible felony is “imminent,” the use of deadly force is justified. … warrants immunity.”).

State Farm Florida Insurance Co. v. Marascuillo

161 So. 3d 493 · District Court of Appeal of Florida · Jul 3, 2014

Bolen, 997 So.2d 1194, 1196 (Fla. 5th DCA 2008) (cer- *497 tiorari proceeding noting the “well-established” rule in Florida “that an insurer’s claims file constitutes work-product”); cf. Allstate Indemnity Co. v. … retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is related”).

Nizzo v. Amoco Oil Company

333 So. 2d 491 · District Court of Appeal of Florida · Aug 3, 1976

We hasten to point out that we are dealing in the instant case with a pleading and not with established facts. … . *494 The 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 of the lessee where it can be shown that the actions

Pagan v. Sarasota County Public Hospital Board

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

Paulus has any legal need to resolve the question of immunity in this action. … However, the trial court clearly did not intend this, and section 86.091 does not permit it. See also Fasig v. Fla. Soc’y of Pathologists, 769 So.2d 1151, 1154 (Fla. 5th DCA 2000). Dr.

Comuntzis v. Pinellas County School Bd.

508 So. 2d 750 · District Court of Appeal of Florida · Jun 5, 1987

See *752 also Restatement of Torts (Second) § 320 and comments following. [1] The action or inaction complained of here clearly falls under category IV: providing professional, educational and general services. … However, the analogy is useful and can be stated as thus: a school board has the discretionary authority to establish or not establish a particular school and is immune from suit on that discretionary question.