Case law

Morton v. Gardner

513 So. 2d 725 · District Court of Appeal of Florida · Sep 29, 1987

The Mortons contend that the judgment in their favor in the forfeiture proceeding establishes that the seizure and the subsequent detention of their vessel were unlawful and entitles them to recover damages in a tort action … probable cause, instructed the jury: "If the greater weight of the evidence discloses that the State had probable cause to seize the vessel and had the right to institute forfeiture proceedings, the State is entitled to qualified

Sotomayor v. Huntington Broward Associates L.P., Ltd.

697 So. 2d 1006 · District Court of Appeal of Florida · Aug 13, 1997

parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor ... engaged on such contract work shall be deemed to be employed in one and the same business or establishment … 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

Motchkavitz v. L. C. Boggs Industries, Inc.

384 So. 2d 259 · District Court of Appeal of Florida · Jun 4, 1980

They further argue that judicial precedent has extended immunity to a subcontractor only when there was a general contractor involved, Younger v. … Boggs was clearly May’s subcontractor. Nothing more should be required to afford Boggs the umbrella of immunity which May enjoys. Conklin v. Cohen, 287 So.2d 56 (Fla.1973).

Anna Maria Curcio v. State of Florida Department etc.

164 So. 3d 750 · District Court of Appeal of Florida · May 26, 2015

unequivocal waiver of sovereign immunity for the statutory claims alleged by Appellant. … Clearly, here, under the undisputed facts, the ticket was “produced or issued in error”, and it also was “lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery

State, Dept. of Corrections v. Vann

650 So. 2d 658 · District Court of Appeal of Florida · Feb 9, 1995

Second, it is important to recognize that the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities. … This principle is clearly stated by the Florida Supreme Court in Department of Health and Rehabilitative Servs. v. Whaley, 574 So.2d 100 (Fla. 1991).

Schick v. Florida Dept. of Agriculture

12 Fla. L. Weekly 779 · District Court of Appeal of Florida · Mar 18, 1987

Governmental entities are clearly liable *1322 for this type of conduct as a result of the enactment of section 768.28, Florida Statutes (1983). Id. See also Hardie v. … In summary, we find the allegations of the second amended complaint state a cause of action for inverse condemnation and establish operational level activities with respect to the nematode eradication program.

Sun Harbor Homeowners Ass'n v. Broward County Department of Natural Resource Protection

700 So. 2d 178 · District Court of Appeal of Florida · Oct 15, 1997

an immunity on petitioner, that immunity necessarily results from the legislature’s plenary power to abolish specific regulatory powers of a county by general law. … As we have just seen, the constitution has established a general immunity against attempted county regulation when the legislature has repealed the authority to regulate.

Boynton v. Allstate Ins. Co.

443 So. 2d 427 · District Court of Appeal of Florida · Jan 5, 1984

Boynton contends that Luke's immunity from suit only strengthens his entitlement to uninsured motorist benefits. … The court rejected this argument, stating: The policy now clearly envisions that where a bodily injury liability policy is applicable at the time of the accident, then the uninsured motorist portion of the policy is inapplicable

Wilson v. State, Department of Administration, Division of Retirement

10 Fla. L. Weekly 1571 · District Court of Appeal of Florida · Jun 25, 1985

The continuing strike made the deadline established by Dade County in the January 15, 1962, notice impractical, if not impossible. … McMullian in his deposition of July 14, 1982, Petitioners instituted proceedings before the Dade County Board of County Commissioners for a determination that they were qualified to purchase their past service under Section

FIRST UNION NAT. BANK OF FLA. v. Ford

636 So. 2d 523 · District Court of Appeal of Florida · Sep 10, 1993

As such, it has long been established by case law that they are immune from state, municipal, or other special districts' attempts to tax them. See Dickinson v. … Absent a waiver in the state constitution itself, which does not exist, counties do not need to qualify for statutory tax exemptions pursuant to Chapter 196, because the legislature lacks the power to tax them by passing

Krouse v. Krouse

11 Fla. L. Weekly 1121 · District Court of Appeal of Florida · May 13, 1986

This claim, in our view, is governed by the principles established in Ard v. Ard, 414 So.2d 1066 (Fla. 1982). … because it was there alleged that the separated husband had committed intentional torts upon the plaintiff wife, clearly evincing marital disharmony.

Abernathy v. Employers Ins. of Wausau

428 So. 2d 272 · District Court of Appeal of Florida · Dec 10, 1982

The legislature clearly intended to overrule Miami Roofing and, therefore, to permit tort actions by one subcontractor's employee against another subcontractor. … 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

McLaughlin v. Metropolitan Dade County

191 So. 2d 615 · District Court of Appeal of Florida · Nov 1, 1966

The witnesses presented by the appellant established the following facts. … The appellant placed first on the list of those qualified for promotion under the Civil Service System by reason of his standing on the promotion examination.

Gervin v. Andrews

826 So. 2d 504 · District Court of Appeal of Florida · Sep 25, 2002

Gervin remains a licensed neurosurgeon, qualified to testify in future proceedings, whether those proceedings are in Broward County or elsewhere. … NOTES [1] Because the issue was not raised below, we do not consider the application of judicial immunity or its scope. See Kundrat v.

State Road Department v. Falcon, Inc.

157 So. 2d 563 · District Court of Appeal of Florida · Nov 13, 1963

It is significant to note that the testimony found prejudicial in the order granting new trial was not deemed prejudicial on the grounds that the witnesses were not expert; indeed, the witnesses were qualified and their status … as "experts" established and conceded during trial.

Relyea v. State

385 So. 2d 1378 · District Court of Appeal of Florida · Jul 23, 1980

They also contend that the directed verdicts were erroneous because their proof established issues of fact for the jury. … immunity.

Brown v. South Broward Hospital Dist.

402 So. 2d 58 · District Court of Appeal of Florida · Aug 12, 1981

If this were the sole basis for the trial court's order, then it would be clearly erroneous, as suggested by appellant. … The test for application of the immunity rule is whether the party against whom relief is sought had the duty or liability to provide worker's compensation coverage. Immunity is co-extensive with that duty. Smith v.

Kenson Louima v. State of Florida

175 So. 3d 893 · District Court of Appeal of Florida · Sep 9, 2015

Notably, however, the state never argued that the DOC records independently established that Louima qualified for PRR sentencing. … Specifically, prior to Louima’s testimony, the trial court indicated that the state had failed to establish that Louima qualified for a PRR sentence.

Marinelli v. Weaver

187 So. 2d 690 · District Court of Appeal of Florida · Jun 8, 1966

Bank of Miami Beach, Fla. 1957, 95 So.2d 891 , is clearly dispositive of such contention adverse to the Marinellis. … The Marinellis were clearly liable as accommodation makers on the note, and the learned trial Judge was correct in so holding.

Brown v. Miami-Dade County

837 So. 2d 414 · District Court of Appeal of Florida · Jan 28, 2003

Failing to establish a safe perimeter around the ongoing police operation; b. … These activities were part of the discretionary function leading up to the making of the undercover arrest, and qualify for exemption under the sovereign immunity doctrine. The panel relied on City of Pinellas Park v.