Case law

Talavera v. State

186 So. 2d 811 · District Court of Appeal of Florida · May 25, 1966

Therefore it is incumbent upon the state to clearly establish a waiver of this right. "A distinction is recognized * * * between submission to the apparent authority of an officer and unqualified consent. … The appellee contends it is clearly shown by the record that the appellant voluntarily consented to the search.

Duck Tours Seafari, Inc. v. City of Key West

875 So. 2d 650 · District Court of Appeal of Florida · Mar 17, 2004

The City argues that it is entitled to state action immunity. State action immunity is a doctrine which originated under federal antitrust law. See City of Columbia v. … Because the traffic code does not contain any clearly expressed state policy to suppress competition, it follows that the City was not entitled to summary judgment on the issue of state action immunity. C.

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida · Feb 11, 2015

well-established Florida law that a party who is required to give notice under NICA’s Notice Provision and fails to do so waives its right to assert the exclusivity of remedies in NICA’s Immunity Provision. … Because the plaintiffs have alleged that UM is “directly involved” in the labor and delivery, and UM is clearly entitled to immunity under the terms of NICA’s Immunity Provision under the plaintiffs’ “directly involved”

Bretherick v. State

135 So. 3d 337 · District Court of Appeal of Florida · Nov 1, 2013

The court held that once a defendant raises the issue of immunity, the State has the burden of proof to establish probable cause to proceed, which requires a determination that the use of force was not justified. Id. … Accordingly, we find that placing the burden with the State to negate a claim of immunity in establishing probable cause is the most reasonable interpretation. Ultreras, 295 P.3d at 1031 .

Seaside Properties, Inc. v. State Road Department

121 So. 2d 204 · District Court of Appeal of Florida · Jun 6, 1960

And it is established that a suit against the State Road Department is, in effect, a suit against the state. State ex rel. Davis v. Love, 99 Fla. 333 , 126 So. 374, 377 . … Section 337.19 clearly is not applicable here, as it authorizes suits "against the department on any claim under contract for work done; provided, that no suit sounding in tort shall be maintained against the department."

City of Tampa v. Davis

226 So. 2d 450 · District Court of Appeal of Florida · Sep 17, 1969

Town of Cocoa Beach, [2] it was widely assumed [3] that, given an agent's negligence and proximate cause, *452 municipal liability under the doctrine of respondeat superior was established without immunity or limitation ( … In that case the city was held immune because acting in its governmental capacity (the immunity concept still obtained at that time); in other respects that case is consistent with our analysis here of the Modlin case. [11

Woodson v. Ivey

917 So. 2d 993 · District Court of Appeal of Florida · Dec 30, 2005

Section 440.11(1), Florida Statutes (2002), establishing worker's compensation immunity, provides, in pertinent part: (1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability … The decision to send Christopher back to the office was clearly managerial — the mode of transportation Woodson chose to accomplish that task was incidental to the business purpose served by Woodson's decision to send Christopher

Citizens Property Ins. Corp. v. Calonge

District Court of Appeal of Florida · Apr 18, 2018

The Court specifically noted: Because qualified immunity of public officials involves immunity from suit rather than a mere defense to liability, we reasoned that immunity from suit is effectively lost … subject to interlocutory review, the qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted.

Sanders v. City of Belle Glade

12 Fla. L. Weekly 1611 · District Court of Appeal of Florida · Jul 1, 1987

It is so well established as to need no citation of authority that defaults are not favored; rather determination of controversies on their merits is favored. … However, the City's motions for summary judgment were supported by affidavits that clearly showed the arresting officers were as surprised as was Sanders when a woman ran by the officers who were escorting Sanders to the

Department of Revenue v. Skop

383 So. 2d 678 · District Court of Appeal of Florida · Apr 16, 1980

We must therefore determine if the administrative construction of the statute is clearly erroneous or unauthorized, because if not, then this publication clearly does not qualify for the exemption and is taxable. … (d) It must have been entered or qualified to be admitted and entered as second class mail matter at a post office in the county where established.

Edwards v. Ritchie

173 So. 2d 497 · District Court of Appeal of Florida · Mar 17, 1965

We conclude that the lower court was justified in determining that there was no conflict of evidence; and, that whether or not the defendant was a subcontractor and consequently immune from suit as a third party tort-feasor … And, as heretofore noted, if there was no liability as an employer under the Act, there was no immunity from suit as a third-party tort-feasor.

Edward Lamont Hicks v. State of Florida

District Court of Appeal of Florida · Aug 23, 2019

immunity, the prosecution is over. … proof used at the immunity hearing.

Deen v. Tampa Port Authority

201 So. 2d 755 · District Court of Appeal of Florida · Aug 18, 1967

In the Grable case, supra, this court, in an opinion by the late Judge Kanner, said: “It has been established that the declaratory judgment act may not be invoked unless there is a bona fide dispute between the adversaries … proceeding as being judicial in nature so as to bring it within the constitutional powers of the courts appear in the following excerpt: “ ‘Before any proceeding for declaratory relief should be entertained it should be clearly

City of Winter Haven v. Allen

541 So. 2d 128 · District Court of Appeal of Florida · Mar 17, 1989

That abrogation clearly outweighs the public's interest in the 1980 legislation. Quoting Mr. Justice Holmes in Forbes Pioneer Boat Line v. … Unlike the facts in Mazzilli that clearly show an intentional tort, the facts here are not so clear.

Ives v. State

993 So. 2d 117 · District Court of Appeal of Florida · Oct 22, 2008

Several appellate decisions have suggested that errors in the procedures used to establish a defendant qualifies for enhanced sentencing, while not cognizable in a rule 3.800(a) motion, "must be" raised in a rule 3.850 motion … Because the state would be permitted to properly establish the release date should resentencing be required, Ives is not prejudiced by the procedural deficiency unless he does not in fact qualify for the PRR sanction.

Fullerton v. FLORIDA MEDICAL ASS'N, INC.

973 So. 2d 1144 · District Court of Appeal of Florida · Jul 11, 2006

no immunity to the defendants. … A reading of the above provisions clearly reveals two essential requisites must be met, in order for a professional-review body to be entitled to the immunity authorized: (1) the body must be engaged in a professional-review

Lovey v. Escambia County

141 So. 2d 761 · District Court of Appeal of Florida · Jun 5, 1962

It appears on an official map of the county made in 1941, and is clearly revealed by aerial photographs made in 1951 and 1958. … If there is any choice, based on principle, between the right of the sovereign's successor in interest to assert the sovereign's immunity to a statute of limitations and the right to assert the sovereign's immunity against

Greene v. State, Dept. of Transp.

10 Fla. L. Weekly 609 · District Court of Appeal of Florida · Mar 7, 1985

It is well established that certain discretionary, judgmental, planning-level decisions on the part of a governmental entity are immune from suit under the doctrine of sovereign immunity. … To survive the process, the amended complaint must set forth additional ultimate facts regarding the alleged "known trap" and "hidden-dip" sufficient to establish more clearly the allegations of inherent danger, knowledge

DARRICK WASHINGTON v. BLACK LAWYERS FOR JUSTICE

District Court of Appeal of Florida · May 4, 2022

immunity. … They thus contended the deputy would have been entitled to qualified immunity and “there is no likelihood that Washington would have succeeded [on the merits] in the federal court lawsuit [they had drafted and endeavored

Miller v. State, Department of Health & Rehabilitative Services

10 Fla. L. Weekly 2020 · District Court of Appeal of Florida · Aug 22, 1985

Our prior decision established the law of the case on this issue, and we should not revisit the issue absent extraordinary circumstances satisfying recognized exceptions to the general rule. In Strazzulla v. … Malpractice in the rendering of specific medical services, however, would clearly breach existing common law duties and would render the governmental entity liable in tort.