Case law

Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N

518 So. 2d 1292 · District Court of Appeal of Florida · Aug 11, 1987

The placement of a construction on the legislature's authority to prescribe qualified *1300 conditions of employment is consistent with Rule 5A of the Rules of Executive Clemency, stating that "[a] full pardon ... entitles … The court overruled prior cases interpreting the statute to immunize against revocation of architecture, liquor, and hotel licenses and quashed the district court's affirmance of the trial court's order that the officer be

Dreyer v. State

46 So. 3d 613 · District Court of Appeal of Florida · Sep 22, 2010

State, 537 So.2d 1030, 1031 (Fla. 2d DCA 1988) (“[Section 90.803(6)(a) ] clearly require[s] the records custodian or other qualified person employed by the bank to testify regarding the necessary predicate before the bank … Therefore, the trial court erred in admitting the financial statements without the proper foundation laid by qualified employees of the financial institutions.

Ford v. Rowland

562 So. 2d 731 · District Court of Appeal of Florida · May 3, 1990

In other words, the plaintiff, as a public figure, cannot establish liability without simultaneously establishing the tort immunity of the Port Authority. … If the statement is capable of being true or false, it is not clearly opinion.

Metropolitan Dade County v. State Department of Environmental Protection

714 So. 2d 512 · District Court of Appeal of Florida · Jun 10, 1998

Sekoff owns the property where Redd’s Cleaners, a'dry-cleaning establishment, had been operating. FDEP granted Sekoff eligibility to participate in the Program. … This court held that “the legislature has clearly expressed its intention that the Act is to be retroactively applied.” Metropolitan Dade County v.

Florida Dept. of Community Affairs v. Bryant

586 So. 2d 1205 · District Court of Appeal of Florida · Sep 16, 1991

Consequently, a hearing officer's finding of no discrimination should only be set aside if that finding is clearly erroneous, or is based on clearly erroneous findings of fact or a mistaken view of the law. … The COE procedure is clearly set forth in rule 22A-3.007(3)(b)1.

Pacheco v. Florida Power & Light Co.

784 So. 2d 1159 · District Court of Appeal of Florida · Mar 14, 2001

To the direct contrary, extensive lay and expert testimony clearly established jury questions as to whether the power company was guilty of negligence which was a legal cause of Pacheco’s death in (a) refusing to re-route … It is obvious that the danger of coming in contact with an electrified line — by whatever means — falls squarely within the “zone of risk,” and, all the more clearly, the “greater-than-usual zone of risk associated with the

White v. State

935 So. 2d 554 · District Court of Appeal of Florida · Jun 28, 2006

However, since the defendant entered his plea of guilty and was sentenced on June 4, 1999, even if we were to treat the defendant's motion as a motion filed under Rule 3.850, we would affirm as such a motion would clearly … in Case No. 91-4234 as one of the qualifying prior convictions, which he claims was not his conviction.

Shadwick v. City of Tampa

237 So. 2d 231 · District Court of Appeal of Florida · Jun 24, 1970

at pages 3-5 of 247 A.2d: “With regard to the issuance of a warrant, there is no doubt that if a determination of ‘probable cause’ is to have any meaning, it must be made by a neutral and detached court official who is immune … If this were the case, it would be clearly unacceptable. However, there is nothing in the record to substantiate this allegation.

City of Jacksonville v. Smith

159 So. 3d 888 · District Court of Appeal of Florida · Feb 26, 2015

It is equally clear to us, however, that because any waiver of sovereign immunity must be clear and unequivocal ..., the waiver must be limited to the acts or conduct clearly and unequivocally prohibited or protected against … Under these inequitable circumstances, the Smiths clearly established an “existing or vested use” for purposes of showing an “inordinate burden” under the “unfair burden” portion of section 70.001(3)(e). H.

City of Cooper City v. PCH Corp.

11 Fla. L. Weekly 2042 · District Court of Appeal of Florida · Sep 24, 1986

Absent any allegation or proof that municipal water rates established by contract are unreasonable, the rates will be presumed to be reasonable. City of North Miami Beach v. … Finally, City argues that a municipality enjoys sovereign immunity from interest. In Broward County v. Sattler, 400 So.2d 1031 (Fla. 4th DCA 1981), we held that this immunity may be waived.

Keveloh v. Carter

699 So. 2d 285 · District Court of Appeal of Florida · Sep 5, 1997

Illinois is clearly the only appropriate forum to decide the paternity and custody issues concerning Shawn. See Dorrity v. Dorrity, 695 So.2d 411 (Fla. 5th DCA 1997); Flores v. … Once established, a domicile continues until it is superseded by a new one.

Miller v. BD. OF PENS. OF UNITED PRESBYTERIAN CHURCH

431 So. 2d 350 · District Court of Appeal of Florida · May 19, 1983

because the initial tax base of a Florida parent corporation is greater than that of a wholly out-of-state parent corporation; and (2) because the tax exemption fosters the goal of encouraging corporate conglomerates to establish … discriminates against the nonresident in *353 such fashion as to unduly impinge upon our system of federalism which the Equal Protection Clause is intended to foster and protect along with the Commerce Clause and the Privileges and Immunities

Byers v. Ritz

859 So. 2d 1282 · District Court of Appeal of Florida · Nov 26, 2003

The evidence at trial established that the backhoe was merely taken to expedite the clearing of trees and debris following Hurricane Andrew. … Clearly, it was not. The majority nevertheless concludes that the taking of the backhoe caused Byers' injury because he would not have been injured if a backhoe had not been taken and used to move the trees.

Moles v. White

336 So. 2d 427 · District Court of Appeal of Florida · Aug 6, 1976

Wheat, Jr., M.D., a licensed medical doctor, well qualified and specializing in open heart surgery, employed at Stanley S. Moles. The appellees are the Morton F. … Appellant contends that the trial court could not, as a matter of law, conclude that the Hospital was a private entity immune from adhering to the universally recognized requirements of due process.

Gulick v. DEPT. OF HEALTH & REHAB. SERVICES

615 So. 2d 192 · District Court of Appeal of Florida · Mar 2, 1993

Appellant asserts that (1) the trust which was established by her husband did not meet the requirements of a Medicaid qualifying trust, and (2) the principal of the trust cannot be treated as a resource available to appellant's … We cannot say that the department's interpretation of the statutes and rules here is clearly erroneous. In Hatcher v.

Bradbery v. Frank L. Savage, Inc.

190 So. 2d 183 · District Court of Appeal of Florida · Sep 2, 1966

The facts here clearly establish minimum contacts within this state so that the maintenance of this suit does not offend traditional notions of fair play and substantial justice. … to foreign corporations qualified to do business in Florida.

ENGLEWOOD COMMUNITY HOSPITAL, INC., SARASOTA DOCTORS HOSPITAL, INC. v. SARASOTA COUNTY, VENICE HMA, LLC

District Court of Appeal of Florida · Jul 31, 2024

Secretary has the authority and duty to place proposed amendments on the ballot"); Crist, 999 So. 2d at 603 ("We hold that the Governor does not have the constitutional authority to bind the State to a gaming compact that clearly … Although the trial court erroneously concluded that sovereign immunity barred the Hospitals' claims, the trial court further concluded that even if the Hospitals had established that an express, written contract existed between

Glenn Spradley v. Tina Edgecomb

District Court of Appeal of Florida · Aug 21, 2024

complaint was that the failure to allow him to access the prison law library for a minimum of twenty-five hours per week constituted a property deprivation without due process of law.1 Casting aside any application of qualified … immunity, we conclude the trial court properly found the conclusory allegations failed to establish either a constitutionally protected property interest or “some quantum of detriment” resulting from the unspecified limitation

Garcia ex rel. Garcia v. City of Hollywood

948 So. 2d 1000 · District Court of Appeal of Florida · Feb 21, 2007

The supreme court stated, “Any waiver of sovereign immunity must be clear and unequivocal.” Id. at 1046 (citations omitted). … Driving from home to work in a marked police vehicle, while in uniform, and subject to the requirement that he take police action if necessary, qualifies as the type of conduct he was required to perform.

Yates v. State

823 So. 2d 273 · District Court of Appeal of Florida · Aug 9, 2002

The court notes that the statute clearly points out that unless the court finds that such sentence is not necessary for the protection of the public that it is required to do so. … In so doing, it clearly made the determination that Yates should and was to receive an habitual offender sentence. In Arnold v.