Case law

BROWARD COUNTY v. CHRISTINA MANARITE

District Court of Appeal of Florida · Feb 2, 2022

The [county] owed no duty of care specifically or personal to the [p]laintiff as a matter of clearly established and longstanding Sovereign Immunity law. … the circuit court’s ruling did not address the county’s sovereign immunity argument; and (3) the circuit court properly did not address the county’s sovereign immunity argument because such an argument, when raised in a

State v. F. W. E.

360 So. 2d 148 · District Court of Appeal of Florida · Jun 29, 1978

Second, appellee takes the position that probable cause, not reasonable suspicion, is the proper standard and that clearly no probable cause was present. … However, it is clear that a child does not enjoy, for instance, a constitutional right of immunity from searches and seizures by its parents.

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

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.

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.

Bradley D. Schaffner v. Florida Department of Health

District Court of Appeal of Florida · May 8, 2024

The Department’s authority clearly extends to former licensees with inactive status. We rejected an argument similar to Appellant’s in Boedy v. … As a pharmacy student intern, Appellant qualified as a “licensee” under section 456.003(6) because he was admitted to USFCOP, then certified by the Board of Pharmacy and registered with the Department.

In Re Guardianship of DA McW.

429 So. 2d 699 · District Court of Appeal of Florida · Feb 2, 1983

In the usual custody case, when the contest is between two parents, both of whom are fit persons and have equal rights to custody, then the polestar test of "best interest of the child" is clearly controlling. … In this case we find that McWhite has established himself to be the natural father.

Razz v. State

576 So. 2d 901 · District Court of Appeal of Florida · Mar 26, 1991

established legal principles governing the construction and application of the habitual offender statute." … importance: WHETHER SECTION 775.084(1)(a)1, FLORIDA STATUTES (1989), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE "PREVIOUSLY BEEN CONVICTED OF ANY COMBINATION OF TWO OR MORE FELONIES IN THIS STATE OR OTHER QUALIFIED

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.

Martin v. SCHOOL BD. OF GADSDEN CTY.

432 So. 2d 588 · District Court of Appeal of Florida · May 17, 1983

The dissent characterizes this opinion as a "sweeping" holding that personnel decisions are immune from Chapter 120 processes. Untrue. … As there clearly appears to be a factual issue as to what prompted the transfer, it is difficult for me to conceive of any situation disentitling the teacher to an administrative hearing.

International Ass'n of Bridge, Structural & Ornamental Ironworkers, AFL-CIO v. BLOUNT INT'L., LTD.

12 Fla. L. Weekly 2628 · District Court of Appeal of Florida · Nov 13, 1987

Nothing in the federal labor statutes protects or immunizes from state action violence or the threat of violence in a labor dispute, Automobile Workers v. … No member can qualify to *1014 campaign for a union office without the express approval of the International (Const., Art. XXI, § 2).

Hawthorne v. State

10 Fla. L. Weekly 1406 · District Court of Appeal of Florida · Jun 7, 1985

Anaya, 438 A.2d 892 (Me. 1981) (evidence relating to battered wife syndrome admissible where psychologist was shown to be qualified to testify and the defendant established she was a battered woman); State v. … The weight and quality of the evidence clearly demonstrate that Dr.

Chason, Kimbrel v. Clark

District Court of Appeal of Florida · May 22, 2024

The Sheriff’s Office defendants moved for summary judgment on sovereign immunity grounds. … Officers are only liable for damage where the force used is “clearly excessive.” Id. “[O]rdinary incidents of [an] arrest . . . do not give rise to an independent tort.” Lester v.

City of Miami v. Harris

490 So. 2d 69 · District Court of Appeal of Florida · Jun 3, 1986

However, because the $595,000 amount clearly is a cumulative amount relating to both causes of action, we must remand for a new trial on damages only on the common-law negligence count. … Stat. (1983), clearly applicable to the common law negligence count, do not serve to reduce any recovery under the Section 1983 count. [4] To establish individual — as distinguished from municipal — liability under Section

Erica McDonald, as Parent and Natural Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Compensation Association, and Florida Health Sciences Center, Inc. D/B/A Tampa General Hospital; And University of South Florida Board of Trustees

District Court of Appeal of Florida · Nov 20, 2024

As the supreme court determined, that is clearly not permitted under section 766.316. In this case, USF provided Appellant with notice that all of its physicians were NICA participants. By virtue of Dr. … (establishing the Plan); Fla. Birth-Related Neurological Injury Comp. Ass’n v.

National Airlines, Inc. v. DIV. OF EMP SEC., ETC.

379 So. 2d 1033 · District Court of Appeal of Florida · Feb 19, 1980

Ware, a National Airlines employee is qualified to receive unemployment compensation benefits. … "The record and evidence in the instant case clearly show that the claimant was not discharged by the employer, and that she did not quit her job.

Herman v. State

396 So. 2d 222 · District Court of Appeal of Florida · Mar 25, 1981

DeNono's counsel had been advised by the assistant state attorney in regard to the law of Florida concerning the doctrine of use immunity — i.e., that DeNono's testimony in the Herman trial could not be used against DeNono … The presumption is that a grand juror is qualified and exercises sound judgment. Clemmons v. State, 141 So.2d 749 (Fla. 1st DCA 1962), modified, 150 So.2d 231 (Fla. 1963).

Schmidt v. Fortner

629 So. 2d 1036 · District Court of Appeal of Florida · Dec 29, 1993

The single fact that Fortner had liability insurance coverage equal to the amount of the demand does not establish that the demand was not made in good faith. … There the legislature established the mechanism by which an entitlement is converted to an award of attorney's fees.

Brennan v. City of Miami

146 So. 3d 119 · District Court of Appeal of Florida · Sep 3, 2014

Brennan passed the qualifying examination. He later learned that he had not received any veterans’ preference points. a. … Such person shall also be awarded preference in promotion and shall be promoted ahead of all others who are as well qualified or less qualified for the position.

State v. Muldowny

871 So. 2d 911 · District Court of Appeal of Florida · Feb 27, 2004

FDLE rule 11D-8.003 establishes the procedures for approval of the machines. … Clearly, the State's discovery violation caused prejudice and harm to the defendants' ability to make a determination of the subject machine's internal makeup. See, e.g., Miller v.