Case law

Barnett v. Bank of America Corp.

45 So. 3d 948 · District Court of Appeal of Florida · Oct 13, 2010

The bank argued that it prepared its plans using qualified design professionals and pulled the appropriate building permits. … That case involved affidavits submitted by fact witnesses trying to establish whether construction had begun on a railroad crossing as of a particular date.

North Miami Medical Center v. Prezeau

793 So. 2d 1142 · District Court of Appeal of Florida · Sep 12, 2001

Among other defenses, Parkway alleged that it was immune from liability pursuant to the Good Samaritan Statute. § 768.13(2)(b), Fla. Stat. (2000). … for the incident but rather is limited by the maximum amount of damages that he or she can establish not reduced by an allocation of fault.

Snowden v. State

449 So. 2d 332 · District Court of Appeal of Florida · Mar 29, 1984

The answer is clearly this: he knew that the police wanted those shoes. He immediately suspected there was some kind of shoe impression. … It is a well-established rule that comments on the accused's failure to testify violate the fifth amendment privilege against self-incrimination, Griffin v.

Van Den Borre v. State

596 So. 2d 687 · District Court of Appeal of Florida · Jan 29, 1992

Under the Vienna Convention, an individual has immunity from criminal prosecution if he or she is a member of an embassy's administrative staff, unless the immunity is expressly waived by the sending state. [7] Clearly, Van … In the proceeding below, the state introduced no evidence which established the authenticity of the diplomatic notes.

Apostolico v. Orlando Regional Health Care System, Inc.

871 So. 2d 283 · District Court of Appeal of Florida · Mar 26, 2004

In Dingler , the first district court, analyzed section 766.202(5), in detail and commented: [T]he legislature has clearly provided for two alternative means for qualifying a "medical expert." … Under the Medical Malpractice Act, a claimant must establish both negligence and causation to support a claim for medical negligence. See §§ 766.102, 766.203, Fla. Stat. (2002).

Islamorada, Village of Islands v. Mary Barley Family Trust

District Court of Appeal of Florida · Sep 3, 2025

Moreover, the departure from the essential requirements of law necessary for granting second-tier certiorari “is something more than a simple legal error,” it must involve the violation of “a clearly established principle … the Objectors qualified 6 as “affected property owners” because their property qualified as being adjacent to the Applicant’s property.

Crane v. Lifemark Hosp. of Fla., Inc.

149 So. 3d 718 · District Court of Appeal of Florida · Oct 15, 2014

Crane contends that the existence of the cafeteria on the grounds of the Hospital causes the Hospital to qualify as a public accommodation because the cafeteria, a covered establishment, is located within the Hospital and … as a “covered establishment.”

State v. Famiglietti

817 So. 2d 901 · District Court of Appeal of Florida · May 8, 2002

In the federal system, unlike Florida, evidentiary privileges are established by case law. … The other well-known qualified privilege is the work product immunity which is now codified in Florida Rule of Civil Procedure 1.280(b)(3).

Telesco Construction Management, Inc. v. National Concrete Preservation, Inc.

District Court of Appeal of Florida · Mar 6, 2024

Certiorari relief lies when there has been a violation of a clearly established principle of law resulting in irreparable harm and a miscarriage of justice that cannot be remedied on appeal. See, e.g., Allstate Ins. … The trial court’s order violates clearly established law. See Shader v.

West Florida Regional Medical Center, Inc. v. See

18 So. 3d 676 · District Court of Appeal of Florida · Sep 25, 2009

First, the findings accompanying the statute clearly show that Congress looked at a variety of ways to give doctors protection and incentives to participate in peer review programs. Id. § 11101. … immunity provision in the HCQIA.

Keating v. State

110 So. 3d 538 · District Court of Appeal of Florida · Apr 10, 2013

At his arraignment hearing, petitioner, a twenty-year old who has no prior adult criminal record and who qualifies for felony drug court, moved to have the case transferred. … Here, the petitioner clearly qualifies for entry into the program, desires to enter the program, and the State has not objected.

Cunningham v. City of Dania

771 So. 2d 12 · District Court of Appeal of Florida · Sep 27, 2000

Lastly, the facts alleged against Jenne clearly refer to category II functions. A law enforcement officer's duty to protect the citizens is a general duty owed to the public as a whole. See Everton v. … The victim of a criminal offense which might have been prevented through reasonable law enforcement action does not establish a common law duty of care to the individual citizen and resulting tort liability.

State, Department of Health & Rehabilitative Services v. Brooke

573 So. 2d 363 · District Court of Appeal of Florida · Jan 2, 1991

Rule 10E-10.018 clearly establishes that a child who has been determined by a CRC to be appropriate for a mental health program is merely eligible, not entitled, to such a placement. … Appellants conceded at oral argument in this matter that Secretary Coler does not enjoy unlimited executive immunity.

Holloway v. State

160 So. 3d 149 · District Court of Appeal of Florida · Apr 1, 2015

Holloway’s motion is clearly untimely. A defendant has two years from the date his judgment and sentence become final to file a rule 3.850 motion for postconviction relief. Dean v. … Generally, to establish a claim of newly discovered evidence, a defendant must establish that: (1) the evidence was unknown by the 3 trial court, the defendant, and the defendant

Perez v. Marti

770 So. 2d 284 · District Court of Appeal of Florida · Nov 3, 2000

Perez not qualified as a candidate for District 7 of the Dade County School Board, due to his failure to establish residence within District 7 by the close of the qualification period of July 21, 2000, at noon. … Clearly from the above stated facts, the order of the trial court and the opinion of this court in Perez I was far more than an order granting and/or reversing a preliminary injunction.

Cherington v. State

24 So. 3d 658 · District Court of Appeal of Florida · Dec 11, 2009

As to the revocation of his probation, Cherington does not dispute that the State presented sufficient evidence to establish that he violated conditions (3) and (8) of his probation. … Thus, the allegations of the affidavit clearly alleged a violation of only the third provision of condition (4) and not a violation of the first two provisions of condition (4).

State v. Riley

617 So. 2d 340 · District Court of Appeal of Florida · Apr 13, 1993

We clearly and emphatically hold that the purpose of the statute is to clothe with statutory immunity only such statements and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to … We answer the certified question, as qualified, in the negative, reverse the suppression order, and remand this case to the county court of Leon County for further proceedings. WIGGINTON and MICKLE, JJ., concur.

Oken v. Williams

23 So. 3d 140 · District Court of Appeal of Florida · Sep 30, 2009

Resha, 648 So.2d 1187 (Fla.1994) (holding certiorari is appropriate for interlocutory review of an order denying qualified immunity protections where harm sought to be prevented cannot be undone following appeal). … Medical personnel were granted rights by the statutory changes, and not immunity from going through adversarial testing.

HOLMES REGIONAL MEDICAL CENTER, INC. v. Wirth

49 So. 3d 802 · District Court of Appeal of Florida · Nov 12, 2010

Licata’s affidavits did not establish that she engaged in the active clinical practice or consulting with respect to nursing during the three years prior to the incident to qualify her as a medical expert. … As the supreme court has directed, this court should only exercise its discretion to grant certiorari relief “when there has been a violation of a clearly established principle of law result *805 ing in a miscarriage of justice

Halifax Hospital District v. Davis

201 So. 2d 257 · District Court of Appeal of Florida · Jul 18, 1967

Plaintiff failed to establish by competent evidence that defendant's resident physician breached accepted standards of medical practice in the community. 2. … His repeated replies were to the effect that the foreign bodies (oyster shell fragments) would not cause tetanus because the patient had complete immunization.