Case law

Parker v. Baker

499 So. 2d 843 · District Court of Appeal of Florida · Dec 10, 1986

The suit seeks to establish that defendant, who in 1984 while employed by the predecessor to the current property appraiser qualified to run against his superior for that elective office, was thereby obligated to resign, … Shortly after district courts of appeal were established, Judge Wigginton, in State v.

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.

PHILIP WALLACE STAUDERMAN v. STATE OF FLORIDA

261 So. 3d 649 · District Court of Appeal of Florida · Oct 12, 2018

'Magic words' are not necessary to establish what the sentencing court intended." (footnote omitted)). … State, 16 So. 3d 1021, 1021 (Fla. 5th DCA 2009) ("Having independently reviewed the record, we agree with the State that the transcript of the sentencing hearing . . . clearly demonstrate[s] that the trial court intended

Game & Fresh Water Fish Com'n v. Carlile

341 So. 2d 1015 · District Court of Appeal of Florida · Jan 7, 1977

In general, then, actions against state boards and officers must be instituted in Leon County, where their official residence is established, at least where the officer or agency does not perform acts throughout the state … The Negrin opinion clearly followed the general venue rules quoted above and clearly held that the proper venue of the case, a tort action, was not Alachua County (where it was filed), nor Palm Beach County (where the cause

Greenhut Construction Co. v. Henry A. Knott, Inc.

247 So. 2d 517 · District Court of Appeal of Florida · Apr 22, 1971

From the foregoing provisions contained in the instructions to bidders and the bid form, Knott was clearly placed on notice, as were all other prospective bidders, that in order for it to be qualified to submit a bid on the … clearly established that it could not have taken the examination to become a qualified contractor until some time after the bids were scheduled to be received and opened by General Services.

Catron v. ROGER BOHN, DC, PA

580 So. 2d 814 · District Court of Appeal of Florida · May 15, 1991

Boritz's affidavit and chapter 460 define the practice of chiropractic so as to clearly place it as a "related field of medicine" to neurology thereby qualifying Dr. Lusk to testify. Dr. … (c) The purpose of this subsection is to establish a relative standard of care for various categories and classifications of health care providers.

AQUACHILE, INC. v. DAWN WILLIAMS

District Court of Appeal of Florida · Dec 22, 2021

third sentence contains the Himalaya clause, which provides in relevant part: “The exclusions or limitations of liability of Carrier set forth in the provisions of this Ticket Contract, as well as all rights, defenses or immunities … 652–53 (D.V.I. 2000) (concluding that a nearly identical Himalaya clause in a Royal Caribbean ticket contract was ambiguous as applied to the defendants, and would therefore be construed against them, because it failed to clearly

Hudson v. State

800 So. 2d 627 · District Court of Appeal of Florida · Nov 21, 2001

felonies also qualify. … Clearly, there is no violence against an individual inherent in throwing a missile into an unoccupied building.

Brown v. State

609 So. 2d 730 · District Court of Appeal of Florida · Dec 4, 1992

The record established that Jefferson freely, voluntarily, and knowingly stipulated that he was an habitual felon and agreed to be sentenced as such. … The trial court's findings in this case establish clearly that appellant does not qualify as an habitual felon under the pre-1989 version of section 775.084.

Edward Lamont Hicks v. State of Florida

District Court of Appeal of Florida · Jun 12, 2019

The record clearly reflects that Hicks entered his plea in reliance on the parties’ stipulation and the trial court’s ruling that the immunity issue was dispositive. … analysis would always make it impossible for litigants to establish actual dispositivity in the literal and immediate sense.

City of Jacksonville v. Hampton

108 So. 2d 768 · District Court of Appeal of Florida · Feb 10, 1959

There is no testimony, direct or indirect, establishing or tending to establish that the alleged defective condition of the steps existed for any period of time whatever prior to the accident. … It follows, then, that the map or photograph must first, to be admissible, be made a part of some qualified person's testimony. " Volume 32 C.J.S.

DEPT., TRANSP. v. Hawkins Bridge Co.

457 So. 2d 525 · District Court of Appeal of Florida · Sep 19, 1984

In the instant case, the amount of damages was for the most part established by expert testimony. … In the absence of any specific statutory bar to the assessment of prejudgment interest under these circumstances, any immunity of the state thereto is waived consistent with its waiver of sovereign immunity to suit.

Ivan Pacheco v. Arturo Jinete

District Court of Appeal of Florida · Sep 10, 2024

may be nominated as a candidate for office by petition. 2 The first day of the qualifying period for the November 5, 2024, election was July 8, 2024, thus requiring establishment … [Jinete] clearly intended to live in the [Town]. He utilized an address in the [Town] to show that he resided in the [Town].

State v. Shouse

177 So. 2d 724 · District Court of Appeal of Florida · Aug 6, 1965

Such an information also clearly states a prohibited breach of that fiduciary relation. … Moreover, it established standards for the administration of criminal justice in the federal courts, not state courts.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON

245 So. 3d 755 · District Court of Appeal of Florida · Mar 14, 2018

To be a departure from a clearly established principle of law, the error must be so serious that it results in a miscarriage of justice. Id. at 1093. … Certiorari is appropriate “only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Id. Futch v.

Harvey v. State

390 So. 2d 484 · District Court of Appeal of Florida · Nov 26, 1980

As independent evidence in Spataro , the state presented the testimony of the defendant's sole co-tenant, which testimony clearly established the defendant's knowledge and control of the marijuana involved. … The odor was detected by a police official who, by training and experience, was qualified to identify the odor.

Prohaska v. Bison Co.

365 So. 2d 794 · District Court of Appeal of Florida · Dec 21, 1978

The defendant’s experts were clearly qualified by professional training and experience to express an opinion on the sufficiency of the design to withstand the stresses applied by anticipated use. … In the instant case, the trial court clearly abused its discretion and committed error in admitting Hanus as an expert witness in areas clearly beyond the realm of any experience or expertise possessed by him.

Cabrera v. State

884 So. 2d 482 · District Court of Appeal of Florida · Oct 8, 2004

If the Legislature did not clearly express *484 its intention to authorize separate punishments, the courts must resort to the test of statutory construction established in Blockburger v. … Cabrera contends that his sexual predator designation should be reversed, arguing that he was denied due process because he was not afforded a hearing and the State failed to establish the necessary requirements to qualify

Kaelbel Wholesale, Inc. v. Soderstrom

785 So. 2d 539 · District Court of Appeal of Florida · Feb 21, 2001

Mere numerical majority support or opposition by persons minimally qualified to state an authoritative opinion is of little value...." People v. … In the instant case, Frye is clearly not met when inconsistent scientific principles are used to justify the same conclusion.

Warnock v. FLORIDA HOTEL AND RESTAURANT COM'N

178 So. 2d 917 · District Court of Appeal of Florida · Oct 5, 1965

The testimony showed that the premises could qualify as a motel and advertise as such, except that there were no parking facilities on the premises of the establishment. … it is clearly erroneous.