Case law

Department of Children & Family Services v. Chapman

9 So. 3d 676 · District Court of Appeal of Florida · Apr 15, 2009

Maine, 527 U.S. 706, 748-49 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999) (acknowledging that the common law established the sovereign immunity of states); Fla. Dep’t of Health *680 & Rehabilitative Servs. v. … It is important to observe that in this context DCF is an executive agency fulfilling regulatory duties established by the legislature.

City of Jacksonville v. C.J. Ventures, Inc.

558 So. 2d 133 · District Court of Appeal of Florida · Mar 12, 1990

shall file with the Sheriff a sworn affidavit in a form approved by the Sheriff, stating that the establishment is qualified to sell alcoholic beverages on Sunday. … is clearly against the weight of the evidence.

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

In Interest of SMB

597 So. 2d 848 · District Court of Appeal of Florida · Mar 30, 1992

whom "good cause" has, likewise, clearly been established. … Szuch, the only expert witness seemingly qualified to express an opinion on mental injury, as sufficient to establish that the children have suffered the kind and extent of mental injury that is contemplated by the statute

UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. VALERIEMARIE MOORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

District Court of Appeal of Florida · Sep 30, 2022

Moore entered into an express written contract with USF is a legal conclusion, which is insufficient to establish a cause of action for breach of contract. … Dep't of Corr., 471 So. 2d 4, 5 (Fla. 1984). 6  When the legislature has authorized a state entity to enter into a contract, it clearly intends that the contract be valid and binding

Bristol v. Wells Fargo Bank, National Ass'n

137 So. 3d 1130 · District Court of Appeal of Florida · Apr 2, 2014

The HAMP trial plan clearly indicated that the modification was contingent on certain eligibility requirements. … If the borrower qualified for a loan modification, she would be sent a fully executed copy of the modification agreement. If she did not qualify, the borrower would be sent a written notice that she did not qualify.

Chambliss v. White Motor Corp.

10 Fla. L. Weekly 2566 · District Court of Appeal of Florida · Nov 20, 1985

Although DeMay's testimony established that he had a fairly extensive background in automobile mechanics, it was not established that he possessed any expertise with regard to brakes. … The trial court clearly abused its discretion in holding DeMay was qualified as an expert witness.

Ragans v. City of Jacksonville

106 So. 2d 860 · District Court of Appeal of Florida · Nov 25, 1958

Clearly, then, under the rationale of the Hargrove case, municipal tort liability cannot be validly restricted solely to suits for damages arising out of gross negligence. … While there was a strong dissent in the Olivier case — predicated largely upon the rationale of an earlier decision [7] in which the Court held invalid a charter provision establishing a six months statute of limitations

Nigerian Air Force v. Van Hise

443 So. 2d 273 · District Court of Appeal of Florida · Dec 20, 1983

The federal congress with the adoption of Section 1602 et seq, Title 28 U.S.C. code has established a uniform procedure for bringing actions against foreign sovereigns which are exceptions to general immunity from civil processes … The transcript of the hearing clearly establishes that the evidence presented the Court on an ex parte basis was legally and factually insufficient and failed to substantiate the amount of damages awarded to the Plaintiff

Smith v. Crawford

645 So. 2d 513 · District Court of Appeal of Florida · Oct 26, 1994

On July 22, 1994, Frank Darden qualified as a Republican candidate to run for this same office. No other candidate qualified as a Republican to run against Mr. … Crawford in his candidacy for Commissioner of Agriculture, fails to establish that the Division's construction of the statutory provisions is clearly erroneous or contrary to the language of the statute.

Haines v. St. Petersburg Methodist Home, Inc.

173 So. 2d 176 · District Court of Appeal of Florida · Feb 19, 1965

Osborn, Fla. 1963, 150 So.2d 230 , also cited in the chancellor's decree, the Supreme Court found that the hospital qualified for exemption. … It cannot be emphasized too strongly that a dedicated charitable use of the property, with availability to the public, is a condition to property tax immunity on this ground.

Ross v. Jim Adams Ford, Inc.

871 So. 2d 312 · District Court of Appeal of Florida · May 7, 2004

Ross's broken leg did not qualify as a handicap. Whether Mr. Ross's broken leg qualified as a handicap is a close question. … Section 760.11 establishes administrative and civil remedies for violations of the Florida Civil Rights Act.

Lidsky Vaccaro & Montes, PA v. Morejon

813 So. 2d 146 · District Court of Appeal of Florida · Mar 13, 2002

An order granting only summary judgment merely establishes an entitlement to a judgment, but is not itself a judgment. See Monticello Ins. Co. v. Thompson, 743 So.2d 1215 (Fla. 1st DCA 1999). … ; (vii) that a class should be certified; or (viii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law; (D) grant or deny the appointment

M.A.C. v. M.D.H.

88 So. 3d 1050 · District Court of Appeal of Florida · May 30, 2012

The DOR started a proceeding against the father to establish child support after M.D.C., the mother, received public assistance for J.D.C. … The trial court clearly recognized the inconvenient forum issue in its “Order Regarding Jurisdiction/Forum Non Conveniens,” and it clearly directed both parties to address the relevant inconvenient forum factors listed in

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

JOHN KIEFFER v. ATHEISTS OF FLORIDA, INC.

269 So. 3d 656 · District Court of Appeal of Florida · May 1, 2019

Clearly, a false statement about another is a required element of defamation. Cape Publ'n, Inc. v. Reakes, 840 So. 2d 277, 279-80 (Fla. 5th DCA 2003). … Cf. id. at 460 ("Clearly, Healy's failure to comply with Suntrust's transfer procedures alone was not a theft or misappropriation.").

Mendelsohn v. State, Department of Health

68 So. 3d 965 · District Court of Appeal of Florida · Aug 31, 2011

Based on the rules of grammatical construction, a qualifying phrase will be read as modifying all items listed in *968 a series unless there is no comma between the last of the series and the qualifying phrase. … As such, it was clearly the Legislature’s intent in enacting section 456.074(l)(b) to authorize the issuance of an ESO only for those enumerated offenses which “relate” to Medicaid.

Duran v. Hotelerama Associates, Ltd.

892 So. 2d 505 · District Court of Appeal of Florida · Nov 17, 2004

Ocean Suite Hotel, 642 So.2d 661 (Fla. 1st DCA 1994), the trial court granted summary judgment, finding that Hotelerama qualified as Duran’s statutory employer, thereby rendering the hotel immune from civil liability. … Juniper’s Restaurant was the only establishment on the hotel’s premises to which guests were directed to redeem their coupons.

Schwartz v. Zippy Mart, Inc.

470 So. 2d 720 · District Court of Appeal of Florida · May 7, 1985

Such injuries clearly fall outside the coverage of the Florida Workers' Compensation statutes. … Later appellate cases from the District of Columbia have qualified the Lyon v. Carey test of foreseeability. Thus, International Distributing Corp. v.

Flores v. Miami-Dade County

787 So. 2d 955 · District Court of Appeal of Florida · Jun 13, 2001

Professor Ehrhardt has explained: Whenever an expert testifies, counsel may cross-examine the expert regarding any matter about which the expert testifies in establishing his or her qualifications, both as a basis of arguing … that the witness is not qualified as an expert and to argue that even if he or she is qualified, the jury should not give the opinion testimony great weight. ...