Case law

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

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.

Dove v. McCormick

698 So. 2d 585 · District Court of Appeal of Florida · Aug 1, 1997

Specifically, if the consumer, in his or her defense, can establish TILA violations, then he can recover money damages in recoupment. … Clearly neither Pinder nor Gillespie is dispositive of the issue now before this court because those cases do not address subsection 1641(a) or involuntary assignments.

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.

Rocha v. Mendonca

35 So. 3d 973 · District Court of Appeal of Florida · May 12, 2010

The Wife shall receive $140,000.00, by way of a Qualified Domestic Relations Order (QDRO) from the Husband’s 401(k); ,.. … The QDRO clearly indicated that payment was conditioned upon Rocha reaching his “earliest retirement age”.

Exposito v. Public Health Trust of Miami-Dade County

141 So. 3d 663 · District Court of Appeal of Florida · Jun 18, 2014

The Public Health Trust and doctors responded with renewed claims of immunity and the bar of the three-year notice requirement in section 768.28, as measured from “the incident,” Stephanie’s birth. … That definition is clearly different than the more restrictive formulation advanced by the defendants, the occurrence of a single “incident.”

STATE, DEPT. OF TRANSP. v. Cone Bros. Contracting Co.

364 So. 2d 482 · District Court of Appeal of Florida · Nov 15, 1978

Elect to continue its participation in the asphalt price adjustment pursuant to the 1976 qualifying requirements (the actual price adjustment formula was not changed by the 1976 act). … Note: This allows the contractor to review established financial data and criteria to make an intelligent election as to which option is financially preferable. 2.

State v. Frazier

753 So. 2d 644 · District Court of Appeal of Florida · Mar 3, 2000

The state must establish a violation of a clearly established principle of law, resulting in a miscarriage of justice. State v. Pettis, 520 So.2d 250 (Fla.1988); State v. Bradford, 658 So.2d 572 (Fla. 5th DCA 1995). … On remand, if the trial court finds the statements on the 911 tape to be hearsay, but qualify as excited utterances, the statements are admissible.

Chacon v. Philip Morris USA, Inc.

254 So. 3d 1172 · District Court of Appeal of Florida · Sep 12, 2018

Chacon qualified as an Engle class member as defined in Engle v. … "Citizenship," on the other hand, is a more clearly defined concept for purposes of one's status and membership in the United States of America.

Smith v. Taylor County Publishing Co., Inc.

443 So. 2d 1042 · District Court of Appeal of Florida · Dec 30, 1983

Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964), established a first amendment qualified privilege of fair comment, which protects defendants in defamation cases from suits by public officials. … If a newspaper can publish almost anything about a public figure with immunity, then surely at least the same immunity should attach to a statement made about the editor and publisher of a newspaper.

Florida State University v. Sondel

685 So. 2d 923 · District Court of Appeal of Florida · Dec 17, 1996

It is generally true, as McCluskey-Titus acknowledged, that one holding just about any kind of degree could be qualified for the job. … While we accept the premise that the employer's actions in this regard are not immune to challenge under the disparate impact theory, see Watson v.

STATE, DEPT. OF HEALTH & REHAB. SERVS. v. Brooke

573 So. 2d 363 · District Court of Appeal of Florida · Jan 2, 1991

Rule 10E-10.018 clearly establishes that a child who has been determined by a CRC to be appropriate for a mental health program is merely eligible, not entitled, to such a placement. … Appellants conceded at oral argument in this matter that Secretary Coler does not enjoy unlimited executive immunity.

Eulo v. FLORIDA UNEMPLOYMENT APPEAL COM'N

724 So. 2d 636 · District Court of Appeal of Florida · Jan 6, 1999

A legal conclusion of the UAC may therefore be overturned if it is clearly erroneous. See Brooks v. Unemployment Appeals Comm'n, 695 So.2d 879 (Fla. 5th DCA 1997). … Good cause for leaving employment turns on whether the circumstances in a given case "would have impelled the average, able-minded, qualified worker to give up his employment." Lewis v.

Munoz v. State

937 So. 2d 686 · District Court of Appeal of Florida · Jul 28, 2006

The house owned by Dudley stands in stark contrast to the one discussed in Perkins, which was clearly suitable for lodging. … Bennett's understanding of the meaning of "dwelling" clearly does not encompass the range of circumstances covered by the state of emergency provision.

Girardeau v. State

403 So. 2d 513 · District Court of Appeal of Florida · Aug 31, 1981

Daughtery, 273 U.S. 135 , 47 S.Ct. 319 , 71 L.Ed. 580 (1926). [1] Similarly, although the United States Constitution has no separation of powers clause it is firmly established that the power of one branch of government cannot … If there is one principle that emerges clearly from the now legendary "Watergate" episode, it is that even the power of the President of the United States cannot override the power of the judicial branch to compel a full

Suiero v. State

248 So. 2d 219 · District Court of Appeal of Florida · Apr 30, 1971

A reading of Spinelli clearly reflects that appellant's reliance is misplaced since the affidavit under consideration in Spinelli is distinguishable from the affidavit in the *222 case sub judice. … The right to immunity from unreasonable searches and seizures can be asserted only by him whose rights are violated. 29 Fla.Jur., Search and Seizure, § 7. In Robinson v.

DEPARTMENT OF HIGHWAY SAFETY v. Rosenthal

908 So. 2d 602 · District Court of Appeal of Florida · Aug 19, 2005

We therefore conclude that the trial court failed to apply the correct law in issuing a ruling that was at odds with the clearly established law articulated in Raulerson . … In failing to follow Raulerson , the circuit court failed to apply the correct law and violated a clearly established principle of law.

Bacallao v. Dauphin

963 So. 2d 962 · District Court of Appeal of Florida · Sep 12, 2007

Once a party provides a case-specific reason for excluding a third party, the party must establish that no other qualified individual in the area would be willing to conduct the examination with the third party present. [ … Clearly, where a doctor testifies that another physician would perform the examination under those circumstances, that party has failed to meet its burden of proving that no other qualified individual in the area would be

Estevez v. Montero

662 So. 2d 1268 · District Court of Appeal of Florida · Sep 6, 1995

Internal review by a duly qualified claims adjuster; 2. … Therefore, where the undisputed evidence as established by the testimony of Dr.