Case law

Huszar v. Gross

10 Fla. L. Weekly 1186 · District Court of Appeal of Florida · May 13, 1985

However, it is well established *516 that when the facts and circumstances of a communication are revealed, the issue of whether a privilege has been established is a question of law for the court to decide. Abraham v. … In addition, in Florida there is a qualified privilege to make reports of judicial and quasi-judicial proceedings as long as they are accurate, fair and impartial.

Bishop v. R.J. Reynolds Tobacco Co.

96 So. 3d 464 · District Court of Appeal of Florida · Aug 31, 2012

Engle III clearly holds that November 21, 1996, is a cut-off date for class inclusion and nothing more. … He went to Virginia to die, which he did several weeks later, not to establish a new life. That falls far short of establishing new residence. .

City of Kissimmee v. FLORIDA RETAIL FEDN.

915 So. 2d 205 · District Court of Appeal of Florida · Oct 21, 2005

Also, recognizing that shopping carts from home improvement centers such as Home Depot and Lowe's constituted a small fraction of the problems of errant carts, the City Commission added a qualified exemption: (2) Home improvement … We reject the contention that when the legislature prohibited the assessment of any fee, fine or cost against a retailer whose cart has been retrieved from public property, it effectively immunized retailers from all efforts

Jones v. Dugger

12 Fla. L. Weekly 2556 · District Court of Appeal of Florida · Nov 6, 1987

Not surprisingly, the courts have come to view the rule as "clearly an anachronism" and "no longer realistic." State v. Sandridge, 365 N.E.2d 898 , 899 (Oh.Com.Pl. 1977). … However, we are unable to find any judicial precedent from this state clearly stating that the rule has been or should be abolished.

Luis v. State

851 So. 2d 773 · District Court of Appeal of Florida · Jul 9, 2003

Other than the testimony from Officer Fields, the only evidence establishing that Luis had any intent to sell the cocaine was his alleged post- Miranda statement that he had "just started selling cocaine." … However, there is a split of authority as to whether a qualified expert may testify to the defendant's actual intent.

Curtis Leroy Sherrod, II v. State of Florida

District Court of Appeal of Florida · Oct 2, 2024

However, “[t]his is clearly the exception and not the rule.” … The denial of a pretrial SYG motion to dismiss does not prejudice a defendant from making the SYG immunity argument at trial. Tover v.

State v. Luckie

145 So. 2d 239 · District Court of Appeal of Florida · Sep 18, 1962

Instead the opinion reviewed the duties and liabilities of the "contractor" under Chapter 440 and the statutory immunities which evolved from an acceptance of those duties. … Numerous are the cases which have held that the immunities of the Law inure to those who accept the liabilities imposed therein.

Walters v. State

790 So. 2d 483 · District Court of Appeal of Florida · Jun 8, 2001

Robert James Walters ["Walters"] challenges his sentence as a violent career criminal, alleging the State failed to present sufficient evidence establishing that he qualifies for enhanced sentencing. … The 1983 sexual battery, the 1986 robbery and the 1988 aggravated assault are clearly "forcible felonies" under the statute, since they are specifically listed in the statute.

B.B. v. P.J.M.

933 So. 2d 57 · District Court of Appeal of Florida · May 22, 2006

child’s father, and the determination is material in the proceeding before the court, that proceeding qualifies as a “court proceeding” under subsection (b)3. 3 *60 A Dependency Proceeding Qualifies as a “Court Proceeding … Clearly, the identity of a child’s father is material in a dependency proceeding. Material Facts Are Established By Court Proceedings Material facts are “established” by court proceedings in one of two ways.

STATE DHRS v. TR Ex Rel. Shapiro

847 So. 2d 981 · District Court of Appeal of Florida · Aug 14, 2002

The court decided recovery was barred as to the first claim, observing that "[t]he record clearly establishes that the claimant was arguing against the interpretation and implementation of rules governing the supervision … of patients and the normalization policy, which are immune discretionary policy-level functions."

MAYRA JOLI, etc. v. TODD B. HANNON, etc.

District Court of Appeal of Florida · Nov 5, 2021

3d DCA 2016) (providing: “In reviewing a judgment rendered after a bench trial, ‘the trial court's findings of fact come to the appellate court with a presumption of correctness and will not be disturbed unless they are clearly … The City’s answer brief, however, was accompanied by an appendix of nearly 800 pages, including a transcript of the evidentiary hearing. 3 DCA 2017) (noting it is “well-established

Brown v. Butterworth

831 So. 2d 683 · District Court of Appeal of Florida · Oct 11, 2002

Three members of Congress and a qualified voter have filed a declaratory judgment action in the Circuit Court in Fort Lauderdale challenging the Florida Legislature's reapportionment of their Congressional districts following … We find nothing in the Florida Constitution that expressly and clearly vests all apportionment claims in some court other than the circuit court.

Junction Bit & Tool Co. v. Institutional Mortgage Co.

240 So. 2d 879 · District Court of Appeal of Florida · Nov 13, 1970

The Illinois Central and Zirin decisions are clearly distinguishable on two grounds. First, they dealt with statutes authorizing service on any agent doing business for the foreign corporation in the State of Florida. … We believe, however, that such minimum contacts would seem patently established where, as here, the foreign corporation has actually qualified under Florida law to transact business in this state and has appointed a resident

Shauf v. City of Daytona Beach Shores

13 Fla. L. Weekly 1426 · District Court of Appeal of Florida · Jun 16, 1988

The Plaintiffs allege that the CITY OF DAY-TONA BEACH SHORES was negligent by allowing both motor vehicles and pedestrians on the beach after dark, failing to establish traffic lanes, failing to maintain adequate police patrols … The city clearly had a duty to warn of its inadequate supervision and thus protect the public from this known danger.

Bandorf v. VOLUSIA COUNTY DEPARTMENT OF CORRECTIONS

939 So. 2d 249 · District Court of Appeal of Florida · Oct 16, 2006

Because these records are privileged under clearly established principles of law, and because their production would cause irreparable harm which could not be remedied upon appeal from the final order in this case, we grant … He requested authorization and payment for the evaluation, care, and treatment of hypersensitivity, immune deficiencies, fatigue, and other "neurological symptoms."

Dept. of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Martin Cty. Liquors, Inc.

574 So. 2d 170 · District Court of Appeal of Florida · Jan 15, 1991

It clearly does not fall within the exceptions under Section 120.52(16)(a). … However, it shall not be issued until and unless the applicant establishes to the satisfaction of the director that the premises to be licensed qualify under the Beverage Law.

Beshore v. Department of Financial Services

928 So. 2d 411 · District Court of Appeal of Florida · Apr 13, 2006

DFS found that MBI was not authorized to transact insurance business in Florida and that Appellant had the burden of establishing that the MBI plan was ERISA-qualified and exempt from state regulation. … The language of the statute clearly imposes an absolute bar against representing an unauthorized insurer.

STATE OF FLORIDA v. ANTHONY LEVERN WAITERS

District Court of Appeal of Florida · Sep 23, 2022

Waiters' entitlement to statutory immunity. III. … Clearly the rules of ordinary causation should apply. Thus, an affirmative or aggressive act by the dog is required.

Mitchell v. Angulo

416 So. 2d 910 · District Court of Appeal of Florida · Jul 14, 1982

Van Ore clearly qualifies as to each of the three conditions set forth in sub-section (2)(a), since he is clearly licensed, trained and experienced in the same discipline, and practices in the same or similar medical community … That section reads as follows: The purpose of this sub-section is to establish a relative standard of care for various categories and classifications of health care providers.

Todora v. Silverstein

889 So. 2d 177 · District Court of Appeal of Florida · Dec 15, 2004

. *178 The evidence at trial established that Dr. Silverstein’s home was properly classified as homestead property from 1976 to 1984. … Daytona Beach Racing & Recreational Facilities Dist., 341 So.2d 498 (Fla. 1977) (holding the burden is on the claimant to show clearly any entitlement to an ad valorem tax exemption on realty); J.W. Mikos v.