Case law

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

DR. DAVID FINTAN GARAVAN v. MIAMI-DADE COUNTY, FLORIDA

District Court of Appeal of Florida · Dec 7, 2022

Clearly, the legislature used both county and municipal government as distinct terms when drafting this statutory provision, and the legislature chose to specify that only a municipal government enjoys immunity from the … Petition granted; order quashed. 5 A departure from the essential requirements of law requires “a showing of ‘a violation of a clearly established principle of law resulting in a miscarriage of justice.’”

Manfre v. Shinkle

184 So. 3d 641 · District Court of Appeal of Florida · Feb 5, 2016

Thus, when the Legislature enacted section 588.16, we do not believe it intended to provide a civil tort remedy for breach of a duty of care owed' by the Sheriff to injured individuals when the Legislature clearly provided … Inc., 896 So.2d 839, 841 (Fla. 1st DCA 2005) (holding that a duty of care is established when “defendant’s conduct created or controlled the risk” (citing Aguila v.

STATE, DOT v. VE Whitehurst & Sons

636 So. 2d 101 · District Court of Appeal of Florida · Apr 7, 1994

Gulf Power Co., 591 So.2d 627 (Fla. 1992), as establishing a new standard for determining the right to contractual indemnification. … David, 632 So.2d 123 (Fla. 1st DCA 1994), that GMAC and its local manager were immune from suit where the company had secured workers' compensation coverage and the facts failed to establish that the defendants' conduct —

Eckert v. BD OF COM'RS, N. BROWARD HOSP.

720 So. 2d 1151 · District Court of Appeal of Florida · Nov 18, 1998

If an administrative agency does not qualify as a state agency under the APA, it is considered to be a local administrative body whose decisions are reviewable by certiorari in the circuit court. … The court found that the Sarasota County Public Hospital Board was established by special law in 1949 and that neither legislation nor judicial precedent provided that the board was governed by the APA.

Duval County School Bd. v. Dutko

483 So. 2d 492 · District Court of Appeal of Florida · Feb 14, 1986

The Board also urges that the evidence clearly demonstrates that the sole cause of the death was the negligence of the two automobile drivers, particularly the driver of the passing vehicle; and that the Board's only connection … The Harrison case established only that the designation of school bus stops is a planning level decision for which no tort liability may be imposed under the doctrine of sovereign immunity.

Campbell v. Kessler

848 So. 2d 369 · District Court of Appeal of Florida · May 7, 2003

Each requirement must be present for the volunteer to be afforded immunity. … The record established that his car struck Campbell's from the rear while she was stopped at a traffic light.

Mosby v. Harrell

909 So. 2d 323 · District Court of Appeal of Florida · Jun 23, 2005

or its subsidiaries for negligent training and supervision, and because it does not clearly appear that an additional effort by the appellant to state a cause of action on these theories would be futile, we conclude that … FDLE's conduct did not place Appellant in danger or establish a special relationship with Appellant, which would have placed Appellant in a foreseeable zone of risk.

Maloy v. BOARD OF COUNTY COM'RS

946 So. 2d 1260 · District Court of Appeal of Florida · Jan 26, 2007

of sovereign immunity applies to a suit seeking to enforce this right. … Thus he clearly acted in his official capacity and such actions were authorized by the public body. Id. at 977 (emphasis added). In Chavez v.

Gallagher v. Manatee County

927 So. 2d 914 · District Court of Appeal of Florida · Feb 1, 2006

The reference to section 768.28(5) is to the statutory provision which establishes limitations on the waiver of sovereign immunity for tort liability: (5) The state and its agencies and subdivisions shall be liable for tort … Instead, the statute's plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent. State v.

Elizabeth Alexander v. President Donald J. Trump

District Court of Appeal of Florida · May 28, 2025

That ruling will not be disturbed on appeal absent an abuse of discretion, which for certiorari must be a serious error that amounts to a departure from a clearly established principle of law. Office Depot, Inc. v. … Likewise, a narrow immunity is given to Members of Congress found in the Speech or Debate Clause, Article I, Section 6, Clause 1, of the United States Constitution, but by its express terms, such immunity does not apply to

Taylor v. Horn

189 So. 2d 198 · District Court of Appeal of Florida · Jul 27, 1966

Each of the enactments concerns a hospital to be established or organized under it. … Board of Com'rs of Weld County, 1929, 86 Colo. 446 , 282 P. 1068 , where the United States Supreme Court, as to a city hospital, and the Colorado supreme court, as to two county hospitals, determined that no rights or immunities

Zuccarelli v. Barfield

199 So. 3d 399 · District Court of Appeal of Florida · Aug 17, 2016

He argues the court erred in denying his request for qualified immunity, and that neither the liability nor the damages decisions are supported by competent substantial evidence. … The defendant argues he is entitled to qualified immunity due to the lack of evidence to support a violation of the plaintiffs’ constitutional rights.

MIAMI MARINAS ASS'N., INC. v. City of Miami

408 So. 2d 615 · District Court of Appeal of Florida · Dec 15, 1981

most qualified and proceeding in the order of qualification to the other two firms. § 287.055, Fla. … Appellee calls to our attention those cases which hold that contracts for leases of real property are immune from competitive bid requirements when they do not involve the expenditure of city funds. Mahoney v.

Ford Motor Co. v. Hall-Edwards

997 So. 2d 1148 · District Court of Appeal of Florida · Dec 3, 2008

The LMMS database basically functioned as an attorney notebook to record the thoughts, impressions, opinions, and strategy of Ford's attorneys about litigation and is immune from discovery. … Thus, the evidence established that LMMS qualifies as confidential communications that are immune from discovery under the attorney-client privilege.

NEVADA INTERSTATE v. City of West Palm Beach

747 So. 2d 447 · District Court of Appeal of Florida · Dec 15, 1999

The trial court was correct that Nevada did not establish a cause of action for negligence in count I in light of our supreme court's decision in Trianon Park Condominium Ass'n. v. … However, the trial court clearly erred in dismissing count II based upon the violation of the United States Constitution because a mortgagee's lien is a compensable property interest within the meaning of the Fifth Amendment

ANTHONY JOSEPH VALDES v. State

District Court of Appeal of Florida · Apr 14, 2021

Similarly, after Love II, two of our sister courts have determined that “a trial court's error in applying the correct burden at the immunity hearing can be cured if the state establishes the defendant’s guilt at trial … By its verdict, the jury clearly found there was no reasonable doubt on the question of whether Valdes was justified in the use of deadly force, as it found Valdes guilty of aggravated battery with a firearm.

Cobb v. Ashley

177 So. 3d 52 · District Court of Appeal of Florida · Sep 30, 2015

The supreme court held that the facts alleged established a common law legal duty on the sheriff, acting through his *54 deputies, to conduct the safety check in a non-negligent manner. … If these preliminary questions can be clearly and unequivocally answered in the affirmative, then the challenged act, omission, or decision can, with a reasonable degree of assurance, be classified as a discretionary governmental

McFadden v. County of Orange

12 Fla. L. Weekly 61 · District Court of Appeal of Florida · Dec 24, 1986

Clearly, this type of failure may serve as the basis for an action against the governmental entity. Ralph at 2 . … In this case, the documents in the record established that Orange County has the responsibility for maintaining and supervising this intersection.

Martin v. Drylie

560 So. 2d 1285 · District Court of Appeal of Florida · Apr 25, 1990

Otherwise stated, does the record in this case at this point establish as a matter of law that when he operated on Ms. Martin, Dr. … Clearly, Ms. Martin was not a signatory to that contract, and the critical question as we view it is Dr. Drylie's status or function vis-a-vis his patient.