Case law

H.J.M. v. B.R.C.

603 So. 2d 1331 · District Court of Appeal of Florida · Aug 12, 1992

Section 458.3315, Florida Statutes (1991), which establishes the program for the treatment of impaired practitioners, reads in pertinent part: (6)(a) An approved treatment provider shall, upon request, disclose to the consultant … The supreme court construed that language as clearly expressing the legislature’s intent to restrict discovery of hospitals’ committee proceedings.

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.

City Stores Co. v. Mazzaferro

342 So. 2d 827 · District Court of Appeal of Florida · Feb 11, 1977

It is clearly established that Defendant Ogus, Rabinovich, Ogus, Inc. is insolvent and unable to pay exemplary damages of $10,000. … "I told him that the essential element of the offense necessary to clearly establish intent, you have to establish the person intended to permanently deprive the owner of the property and that also that the taking must be

Pacheco v. Power & Light Co.

784 So. 2d 1159 · District Court of Appeal of Florida · Mar 14, 2001

To the direct contrary, extensive lay and expert testimony clearly established jury questions as to whether the power company was guilty of negligence which was a legal cause of Pacheco's death in (a) refusing to re-route … It is obvious that the danger of coming in contact with an electrified line—by whatever means—falls squarely within the "zone of risk," and, all the more clearly, the "greater-than-usual zone of risk associated with the business

DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE v. FERNANDO VERDINI

District Court of Appeal of Florida · Apr 13, 2022

MDC moved to dismiss, arguing that as a public college it is protected by sovereign immunity; therefore, Verdini is required to establish waiver by identifying an express, written contract requiring MDC to provide on-campus … As clearly set forth in Rule 1.130(a), any documents Verdini relies on to establish an express contract must be incorporated or attached to the complaint.

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.

Trucap Grantor Trust 2010-1 v. Pelt

84 So. 3d 369 · District Court of Appeal of Florida · Mar 14, 2012

A departure from the essential requirements of the law is more than simple legal error; rather, it is “a violation of a clearly established principle of law resulting in a miscarriage of justice.” … In addition to case law, clearly established law can originate from statutes and procedural rules; thus* “ ‘an interpretation or application of a statute, a procedural rule, or a constitutional provision may be the basis

Cataract Surgery Center v. Health Care Cost Containment Bd.

581 So. 2d 1359 · District Court of Appeal of Florida · Jun 6, 1991

An agency's construction of the statute it administers is entitled to great weight and is not overturned unless clearly erroneous. Pan American Airways, Inc. v. Florida Pub. Serv. … Section 407.025, Florida Statutes (1989), grants hospitals immunity from any liability as a result of reporting patient data to the HCCCB.

Nieves, M.D. v. Viera

150 So. 3d 1236 · District Court of Appeal of Florida · Nov 19, 2014

The district courts should exercise this discretion only when there has been a violation of clearly established principle of law resulting in a miscarriage of justice. … clearly established principle of law resulting in a miscarriage of justice.”

Monroe v. Sarasota County School Bd.

746 So. 2d 530 · District Court of Appeal of Florida · Dec 10, 1999

In order to qualify for employment, he completed an employment application and was interviewed by two administrators on August 15. Based on this interview, the School Board classified Mr. … The traditional negligence theory clearly supports denying recovery in negligence to Mr. Monroe.

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.

Cameron v. Cameron

570 So. 2d 1087 · District Court of Appeal of Florida · Dec 4, 1990

At the time of the marriage, the former husband already had an established retirement program to which he had contributed approximately $75,000. … The former wife argues that the trial court clearly found the present value of her special equity in the pension plan to equal $224,000, and that denial of interest on that amount was error.

DIVESTON MERLIEN v. JM FAMILY ENTERPRISES, INC., SHERIDIAN 441, LLC and BENDLES RENTALS, LLC

District Court of Appeal of Florida · Jul 22, 2020

In so holding, we explained that the release was unenforceable because the disclaimer was “qualified” by the statement that the surgeon would “do the very best to take care of [the patient] according to community medical … His employer is immune from negligence claims arising out of the same injury.” (citing § 440.11(1), Fla. Stat. (2012)).

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.

F.L. Enterprises, Inc. v. Unemployment Appeals Commission

12 Fla. L. Weekly 2650 · District Court of Appeal of Florida · Nov 19, 1987

We conclude that the evidence clearly establishes that Jouben was an independent contractor rather than an employee and reverse. Pursuant to an Independent Contractors Agreement with F.L. … Enterprises controlled the final product, which here was a qualified prospect, is erroneous. The evidence clearly shows that the time share resorts controlled this determination.

University of Miami v. Ruiz

916 So. 2d 865 · District Court of Appeal of Florida · Nov 2, 2005

Ruiz clearly manifested an intent to deliver at that hospital. … NOTES [1] Sections 766.301-.316, Florida Statutes (1998) establish NICA, a limited no-fault administrative compensation system for some birth-related neurological injuries pursuant to section 766.302(2).

Deutsche Bank National Trust Co. v. Kummer

195 So. 3d 1173 · District Court of Appeal of Florida · Jul 1, 2016

The testimony and documentary evidence established that Mr. … Besides its questionable relevancy, the document was clearly hearsay and should not have been admitted. See Rodgers v.

McDonald v. State

742 So. 2d 830 · District Court of Appeal of Florida · Sep 8, 1999

Nevertheless, the Court held that because the state of the law was not clearly established at the time the entry in this case took place, the officers were entitled to qualified immunity. … The record established that the evidence which was used to prosecute appellants was seized during the early moments of the search and not during the time in which the search was extended in order to facilitate the reverse-sting

Boehm v. American Bankers Ins. Group, Inc.

557 So. 2d 91 · District Court of Appeal of Florida · Feb 6, 1990

the claimed qualified privilege by showing that Gaston acted with express malice; and that the existence or nonexistence of a qualified privilege and whether that privilege was lost, are jury questions. … This general rule of privilege finds expression in several established common-law legal grounds for holding that the defendant's statements to the school board were protected by a qualified privilege.

Allan and Conrad v. University of Cent. Fl.

961 So. 2d 1083 · District Court of Appeal of Florida · Jul 27, 2007

In Mandico , *1086 the trial court had denied the defendants' motion for summary judgment based on an immunity from liability defense. … To obtain relief by way of a writ of certiorari, a petitioner must establish: 1) a departure from the essential requirements of the law, 2) a resulting material injury for the remainder of the trial, and 3) the lack of an