Case law

JANEPSY CARBALLO v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Nov 30, 2022

Carballo unsuccessfully claimed immunity under Florida’s “Stand Your Ground” law, and the case proceeded to trial. See § 776.032, Fla. Stat. (2017). … court may not summarily deny a rule 3.850 motion on the ground that trial counsel made a reasonable tactical decision, unless ‘it is so obvious from the face of the record that trial counsel’s strategy . . . is very clearly

CABLE NEWS NETWORK, INC. v. MICHAEL BLACK, M.D., MBA

District Court of Appeal of Florida · Oct 7, 2020

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. … In fact, it followed clearly established law in its analysis. It provided findings on all the elements of section 90.5015, and applied relevant law.

Knappen v. DIVISION OF ADMINISTRATION, STATE DEPT. OF TRANSP.

352 So. 2d 885 · District Court of Appeal of Florida · Nov 16, 1977

These manuals comprise the established design criteria for all transportation projects. … Clearly, the condemnor cannot take more than is necessary for the project.

Columbia County v. Holt

890 So. 2d 318 · District Court of Appeal of Florida · Dec 10, 2004

Under the facts of this case, as established by the un-controverted evidence, the unrelated works exception to the workers’ compensation immunity provision of Florida law would apply.... (Citations omitted). … “The established rule in Florida is that when one is engaged in a purely private mission he is not within the scope of his employment until he returns to the employer’s place of business or point of departure.” N. & L.

Coury v. City of Tampa

District Court of Appeal of Florida · Nov 27, 2024

Coury's complaint, denied his allegations, and asserted several affirmative defenses including sovereign immunity. … This does not qualify as newly discovered evidence under rule 1.540(b), and the trial court did not abuse its discretion in denying his motion. See Neapolitan Enters., LLC v.

City of Miami v. HERVIS

65 So. 3d 1110 · District Court of Appeal of Florida · Jul 5, 2011

There is no dispute, and the incomplete record does clearly reflect, that Lt. Hervis met his burden of establishing a *1118 prima facie case of discrimination. … For these reasons, we find that the Circuit Court departed from the clearly established requirements of law in affirming the Commission’s order. 1. Lt.

Kohl v. BCBSF

988 So. 2d 654 · District Court of Appeal of Florida · Jul 16, 2008

Claims are paid from a specific fund established by the *657 State. … Dist., 475 So.2d 920, 924 (Fla. 5th DCA 1985) (holding that declaratory judgment actions are not barred by sovereign immunity).

Unterman v. Brown

169 So. 2d 522 · District Court of Appeal of Florida · Dec 9, 1964

A heated campaign developed in which the appellee became quite active in opposing the establishment of a fronton. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

Kennedy v. State

641 So. 2d 135 · District Court of Appeal of Florida · Jul 1, 1994

Although the State need only establish the voluntariness of a Miranda waiver by the preponderance of the evidence, W.M. v. … However, where an express or inferential finding of the trial court is without support of any substantial evidence, is clearly against the weight of the evidence, or the trial court misapplies the law to the established facts

Woods v. State

740 So. 2d 20 · District Court of Appeal of Florida · Mar 26, 1999

As the House and the Senate Reports both recognized, the effect of the proposal would be to impose a mandatory minimum sentencing requirement in all cases where the prosecutor was able to establish that the defendant qualified … In other words, "[o]ne to whose conduct a statute clearly applies may not challenge it for vagueness." Ladd v. State, 715 So.2d 1012, 1014 (Fla. 1st DCA 1998).

J.B. v. State

250 So. 3d 829 · District Court of Appeal of Florida · Jul 5, 2018

We additionally conclude that, even if the more permissive or qualified test relied upon by the Fourth District was applied to the instant case, the trial court's order would still constitute a clear departure from established … Nothing in the case law suggests that the death penalty implication immunizes Barahona from making the requisite showing of relevance, the applicability of an exception, and/or the existence of a waiver.

Tarbox v. Palmer

564 So. 2d 1106 · District Court of Appeal of Florida · Aug 22, 1990

This necessitates a closer examination of the relationship between these two statutory provisions and the estate tax scheme established by the Internal Revenue Code. … The principles enunciated clearly apply to the present situation where appellant's elective share qualifies for the marital deduction and the entire increase in federal estate taxes due is generated by the non-marital property

Braman Cadillac, Inc. v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

584 So. 2d 1047 · District Court of Appeal of Florida · Jul 25, 1991

We find that the Department's holding that Braman does not qualify under the Section 320.642 standing requirements is correct. … Braman Cadillac clearly failed to demonstrate standing under the cited statutory provisions.

Anthony Cruz v. State of Florida

189 So. 3d 822 · District Court of Appeal of Florida · May 20, 2015

When the state’s evidence is legally insufficient to rebut a prima facie case establishing self-defense, the trial court must enter a judgment of acquittal. See Fowler v. … Stand Your Ground immunity from prosecution is entirely a creature of statute.

Courtney v. Florida Transformer, Inc.

549 So. 2d 1061 · District Court of Appeal of Florida · Sep 13, 1989

He testified that he found that the utility and the crew members working for the utility do not follow many of the guidelines established by the National Electrical Safety Code. … However, the record does not establish the purportedly undisputed nature of the other facts.

Caranna v. Eades

10 Fla. L. Weekly 339 · District Court of Appeal of Florida · Feb 8, 1985

We find that the depositions and other documents in support of appellee Eades' motion for summary judgment clearly establish no justiciable issue of law or fact. … First, we conclude that the City was immune from liability under the doctrine of sovereign immunity established in Commercial Carrier v.

Grant v. State

745 So. 2d 519 · District Court of Appeal of Florida · Nov 24, 1999

Just as the Act clearly applied to the defendant in Woods , it clearly applies to Grant. Moreover, none of the terms Grant challenges as vague concern whether the statute applies to him. … Grant has not established that his sentence is cruel or unusual.

Brown v. Unemployment Appeals Com'n

633 So. 2d 36 · District Court of Appeal of Florida · Feb 4, 1994

Clearly, as determined by the appeals referee and Unemployment Appeals Commission, she failed to meet that burden. … The "good cause" for voluntarily leaving employment focuses on whether the circumstances would have impelled the average, able-minded, qualified worker to give up her employment. Dean v.

King v. State

597 So. 2d 309 · District Court of Appeal of Florida · Mar 4, 1992

This conclusion is clearly supported by chapter 88-131, section 5, Laws of Florida, wherein policies to be followed in career criminal cases are enumerated. … It is not, therefore, merely the determination that a person is an habitual felony offender that makes inapplicable the sentencing guidelines procedures established by section 921.001.

Barfield v. Department of Health

805 So. 2d 1008 · District Court of Appeal of Florida · Dec 19, 2001

The Board's testimony regarding the preparation of the grading sheets clearly revealed that they were records of regularly conducted business activities. … Nevertheless, we cannot conceive that it was the legislature's intention, by reason of the 1999 amendments to section 120.57(1)( l ), to make such conclusions immune from further review.