Case law

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

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.

City of Hollywood v. Washington

384 So. 2d 1315 · District Court of Appeal of Florida · Jul 22, 1980

It has also been established that Fifth Amendment rights may not be circumvented by employing the strategem of a civil proceeding, in which the end result is the substantial equivalent of a criminal sanction. Boyd v. … Until further inroads are made into the administrative immunity doctrine, in light of recent federal cases or until the legislature amends the immunization statute, we are clearly mandated to prohibit the use of immunized

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

City of Miami v. Valdez

847 So. 2d 1005 · District Court of Appeal of Florida · Apr 23, 2003

This waiver, now encompassed in section 768.28 of the Florida Statutes, establishes both the mechanism by which those injured by a governmental entity's tortious conduct may directly recover and the extent to which recovery … While the per person/per incident limitations may, in some instances, make unavoidable a race to the courthouse, the reading of the statute advocated by the City will clearly eviscerate one of essential purposes of this waiver

Sherrill v. Corbett Cranes Services, Inc.

656 So. 2d 181 · District Court of Appeal of Florida · May 5, 1995

It should initially be noted that had Corbett simply leased the crane to Foley, it would clearly be immune from liability under the worker's compensation statutes since its purported liability under these circumstances would … Similarly, this Court established in Smith v.

Doe v. America Online, Inc.

718 So. 2d 385 · District Court of Appeal of Florida · Oct 14, 1998

Other circuits have interpreted similar statutory language to clearly express Congress' intent that the relevant statutes apply to bar new actions under statutorily specified conditions. .... … Zeran establishes that "[s]ection 230 applies by its plain terms to complaints brought after the CDA became effective." Id. at 334 . Doe's complaint was filed almost a full year after the CDA became effective.

Drennen v. Westinghouse Electric Corporation

328 So. 2d 52 · District Court of Appeal of Florida · Mar 5, 1976

We conclude that the publication was not protected by any qualified privilege. … In this matter, the trial court was clearly correct. *56 The proposed testimony was hearsay and inherently unreliable.

State Department of Health & Rehabilitative Services v. T.R. ex rel. Shapiro

847 So. 2d 981 · District Court of Appeal of Florida · Aug 14, 2002

The court decided recovery was barred as to the first claim, observing that "[t]he record clearly establishes that the claimant was arguing against the interpretation and implementation of rules governing the supervision … of patients and the normalization policy, which are immune discretionary policy-level functions.”

BRIEN EX REL. BRIEN v. Florida Dept. of Transp.

538 So. 2d 526 · District Court of Appeal of Florida · Feb 15, 1989

Third, the appellee's knowledge of the presence of the appellant, established to be a trespasser, remains at issue. … Likewise, it is not necessary to delve into the operational versus the planning functions of D.O.T., and the resulting immunity vel non questions.

Kephart v. Pickens

271 So. 2d 163 · District Court of Appeal of Florida · Dec 29, 1972

(Nationwide), which is a foreign *164 corporation qualified and authorized to transact business in Florida. Appellant concedes that service of process has not been perfected on Pickens. … At trial, however, Orange County was dismissed from the cause, presumably due to the sovereign immunity doctrine, and that order was not contested on appeal.

Moresca v. Allstate Insurance Co.

231 So. 2d 283 · District Court of Appeal of Florida · Feb 6, 1970

The trial judge denied this motion and thereafter entered final summary judgment for Allstate, it being sufficiently established in the summary judgment proceeding that the replevied automobile was the automobile previously … Abatement is not favored by the courts and the party asserting it must clearly show that he is within the reason for its enforcement. 3 The fact that the plaintiff in a second action could become a party to a pending action

City of Clearwater v. Williamson

938 So. 2d 985 · District Court of Appeal of Florida · Jul 28, 2006

This case was previously before this court after the trial court denied Detective Esposito qualified immunity by refusing to enter a summary judgment in the detective's favor on a claim that Tony Williamson brought pursuant … Williamson, 854 So. 2d 694 (Fla. 2d DCA 2003) (reversing denial of summary judgment and grant of qualified immunity under 42 U.S.C. § 1983 (1995) and holding that a reasonable officer could have believed that there was probable

VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER v. SARASOTA DOCTORS HOSPITAL, INC., ENGLEWOOD COMMUNITY HOSPITAL, INC.

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

STATE FARM MUT. AUTO. INS v. Clauson

12 Fla. L. Weekly 2115 · District Court of Appeal of Florida · Sep 1, 1987

His liability carrier denied coverage because of interspousal immunity. [1] Mrs. Clauson then made the instant claim on Mr. … It is clearly established that an injured bailee of a vehicle cannot recover against the owner of the vehicle for injuries caused by the negligent operation of her own sub-bailee. Raydel, Ltd. v.

McNichol v. South Florida Trotting Center, Inc.

44 So. 3d 253 · District Court of Appeal of Florida · Oct 6, 2010

At the conclusion of plaintiff's case, defendant moved for a directed verdict alleging plaintiff failed to establish a prima facie case of negligence. … Calder Race Course, Inc., 464 So.2d 1250, 1251 (Fla. 3d DCA 1985) (finding that the "Blackburn court clearly contemplated other professional sporting activity when it used the term `such as' when defining those cases in which

Windham v. Florida Dept. of Transp.

10 Fla. L. Weekly 2252 · District Court of Appeal of Florida · Sep 27, 1985

To construe the statute as allowing recovery based upon pre-amendment negligence would, we believe, give the statute retroactive effect, a result which runs contrary to established law. 49 Fla.Jur.2d, Statutes, § 107. … City of Jacksonville Beach, 402 So.2d 1294 (Fla. 1st *741 DCA 1981), modified and affirmed in relevant part, 419 So.2d 308 (Fla. 1982) (plaintiff failed to establish notice on defendant's part of known dangerous condition

Byrd v. Southern Prestressed Concrete, Inc.

928 So. 2d 455 · District Court of Appeal of Florida · May 2, 2006

A ruling constitutes "a departure from the essential requirements of the law" when it amounts to "a violation of a clearly established principle of law resulting in a miscarriage of justice." Combs v. … unless the party seeking to prevent the attorney's presence establishes (1) a case-specific reason why the attorney's presence would disrupt the examination and (2) that no other qualified individual in the area would be

STATE, DEPT. OF HIGHWAY PATROL v. Pollack

745 So. 2d 446 · District Court of Appeal of Florida · Nov 10, 1999

Sovereign immunity, therefore, cannot be waived by any "duty" described in an agency's manual. Any waiver of sovereign immunity must come through legislative enactment. See Hess v. … Clearly, unlike the statute in Simpson , this statute does nothing more than describe a general duty of the Florida Highway Patrol to the citizens of Florida as a whole.