Case law

Universal City Development Partners, Ltd. v. Pupillo

54 So. 3d 612 · District Court of Appeal of Florida · Feb 18, 2011

In fact, Wal-Mart argues that its stated objection and assertion of work product privilege are sufficient in and of themselves to invoke the qualified privilege. … "It is well settled that the party seeking to invoke work product immunity... has the burden to establish all elements of the immunity ... and that this burden `can be met only by an evidentiary showing based on competent

Bacon v. Marden

518 So. 2d 925 · District Court of Appeal of Florida · Dec 15, 1987

The fact that the legislature did not clearly make section 738.12(1) applicable to all trusts regardless of the settlor's intent, compels the conclusion that the section does not supplant the well-established common law rule … Game & Fresh Water Fish Comm'n, 354 So.2d 362 (Fla. 1977) (statute in derogation of common law doctrine affording state sovereign immunity, must be strictly construed); Rudolph v.

Barrett v. City of Margate

743 So. 2d 1160 · District Court of Appeal of Florida · Oct 20, 1999

Notwithstanding the fundamental principle of allowing pro se litigants procedural latitude, a practice effected to ensure access to the courts for all citizens, pro se litigants are not immune from the rules of procedure. … The Rules of Civil Procedure are adopted to establish an orderly and efficient judicial procedure to handle cases.

JANEPSY CARBALLO v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Jan 25, 2023

Carballo unsuccessfully claimed immunity under Florida’s “Stand Your Ground” law, 2 and the case proceeded to trial years later before a successor judge. … court may not summarily deny a rule 3.850 motion on the ground that trial counsel made a reasonable tactical decision, unless ‘it is so obvious from the face of the record that trial counsel’s strategy . . . is very clearly

Depaola v. Town of Davie

872 So. 2d 377 · District Court of Appeal of Florida · Apr 28, 2004

In discussing the constitutional due process rights of public employees, the fifth district summarized the issue clearly: An individual may, in a public employment context, establish entitlement to procedural due process … such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future.

Nora LaFreniere, Vice President and General Counsel of Otis Elevator Company v. Catherine Craig-Myers, individually and as personal representative of the Estate of Robert Myers

264 So. 3d 232 · District Court of Appeal of Florida · Dec 28, 2018

Gingerale Corp., 472 So. 2d 530, 531 (Fla. 3d DCA 1985) (“facts constituting fraud must be clearly stated”); A.S.J. Drugs, Inc. v. … Although Appellant admitted signing the company’s annual report submitted to the Florida Secretary of State, this is insufficient to establish jurisdiction, as the cause of action does not arise from this contact.

Johns Hopkins All Children's Hospital, Inc. v. Kowalski, Kowalski

District Court of Appeal of Florida · Oct 29, 2025

We reiterate that the actions for which JHACH should have been immune pursuant to section 39.203(1)(a) cannot be used to establish liability. The Department placed Maya with JHACH. … Here, the Kowalskis relied upon evidence of other pleaded torts in order to establish the IIED claim.

JB Coxwell Contracting, Inc. v. Shafer

663 So. 2d 659 · District Court of Appeal of Florida · Oct 20, 1995

Where substantial certainty of harm is established for purposes of a summary judgment motion, the case should be reversed for trial; not the contrary. … It did not hold that the employer was not entitled to immunity, as a matter of law.

National Indemnity Co. of South v. Landscape Management Co.

963 So. 2d 361 · District Court of Appeal of Florida · Aug 29, 2007

Furthermore, the policy does not specify by whom the temporary worker must be furnished to qualify as a “temporary worker” under the policy. … National appealed, arguing that the temporary worker definition contained in the policy at issue is not ambiguous and that the application of its plain meaning to the undisputed facts of this case clearly established that

Johnson v. DEPT. OF HEALTH & REHAB. SERV.

546 So. 2d 741 · District Court of Appeal of Florida · Jun 30, 1989

The documents that comprise Exhibits *743 4 and 5 are clearly hearsay. [2] It is well settled that hearsay is admissible in an administrative setting, however, hearsay alone is insufficient to support a finding unless it … Not only did HRS fail to establish the existence of the unreported income by clear and convincing evidence, it also failed to establish the intent element under the same standard. [5] See Smith v.

Salas v. PALM BEACH COUNTY BD.

11 Fla. L. Weekly 602 · District Court of Appeal of Florida · Mar 5, 1986

The question of foreseeability was clearly one for the jury. Lifter, Inc. v. Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985); Stahl v. Metropolitan Dade County, 438 So.2d 14 (Fla. 3d DCA 1983); Vendola v. … Not only was the expert's interpretation of the standard of reasonable care established by Manual excluded, but the County could argue that it was immune from suit to the extent that the provisions of the Manual were not

City of Milton v. Broxson

12 Fla. L. Weekly 2484 · District Court of Appeal of Florida · Oct 28, 1987

Under the four-category criteria established in Trianon Park Condominium Association, Inc. v. … City of Hialeah, 468 So.2d 912 (Fla. 1985), the subject recreation park appears to qualify best as a Category 4 function or activity of appellant.

Martinez v. Hernandez

227 So. 3d 1257 · District Court of Appeal of Florida · Sep 27, 2017

Standard of Review 1 Martinez’s action for declaratory and injunctive relief was filed in May 2017, before either he or incumbent Mayor Hernandez qualified to run for Mayor in the upcoming election, as the qualifying … Figarola, 59 So. 3d 188, 190 (Fla. 3d DCA 2011) (“A judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment as a matter of law . . . and our standard of review is de novo.”

State Contracting v. Dept. of Transp.

709 So. 2d 607 · District Court of Appeal of Florida · Apr 9, 1998

As with other construction projects, the Department established a goal for participation by disadvantaged business enterprises. … The burden is on the party protesting the award of the bid to establish a ground for invalidating the award.

Greenberg v. Manor Pines Realty Corp.

414 So. 2d 260 · District Court of Appeal of Florida · May 19, 1982

In due course it was established through discovery and affidavits that (1) plaintiff's husband, for whom premiums had been paid, did not qualify as an insured under the policy definition, and (2) appellee, while the administrator … In the initial pleading stages, and until it was established to the contrary by subsequent discovery, there were justiciable issues as to (1) whether plaintiff's husband qualified as an insured under the policy definition

Wells v. Haldeos

48 So. 3d 85 · District Court of Appeal of Florida · Oct 22, 2010

Section 196.031(5) clearly and unambiguously refers to a “person” and not a married couple or family unit. … provide benefits, income, or support to each other, each may be granted a homestead exemption if they otherwise qualify.

Perkins v. Variety Children's Hosp.

413 So. 2d 760 · District Court of Appeal of Florida · Jan 12, 1982

In light of well-established Florida law, we must reject appellee's argument. … creation of the action by the inter-spousal immunity.

Czapla v. State

957 So. 2d 676 · District Court of Appeal of Florida · Apr 30, 2007

In Raford , the Florida Supreme Court considered an inter-district conflict regarding whether a parent or one acting in loco parentis could claim immunity from prosecution for simple child abuse. … As noted, the injuries listed in section 39.01(30)(a)4a-k include injuries, such as burns and drowning, which clearly cannot result from spanking.

Clement v. Rousselle Corp.

372 So. 2d 1156 · District Court of Appeal of Florida · Jul 10, 1979

Immunity from suit does not prevent the defendant, an outsider to the immune relationship, from proving that the negligence of the immune non-party was the sole cause of the accident. [3] Appellant contends, however, that … The jury verdict can also be supported by evidence tending to establish that there was no breach of duty on the part of the manufacturer.

Searcy Denney Scarola Barnhart & Shipley, P.A. Mark Edwards and Mitzi Dee Roden, as parents and natural guardians of Aaron Edwards, a minor William S. Frates, II, P.A. Edna L. Caruso, P.A. Vaka Law Group, P.L. and Grossman & Roth, P.A. v. State of Florida

District Court of Appeal of Florida · Jul 15, 2015

The language of the claim bill clearly conveys that its sole purpose is to adequately compensate Aaron. … Although the guardianship court relied on Gamble and Noel in denying the firm’s petition for an award of attorneys’ fees, I strongly believe that both Gamble and Noel are either clearly distinguishable, clearly not applicable