Case law

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.

Discovery Experimental & Development, Inc. v. State, Department of Health & Rehabilitative Services

735 So. 2d 516 · District Court of Appeal of Florida · Apr 30, 1999

In order to defeat Discovery’s claim on grounds of immunity, DOH must establish that the governmental action at issue is a discretionary function, which is immune, in contrast to an operational function, which is not immune … The answer to this question is also clearly in the negative.

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.

Broward County School Bd. v. Cruz Ex Rel. Cruz

761 So. 2d 388 · District Court of Appeal of Florida · May 3, 2000

Despite any argument to the contrary, Cruz's mental condition was clearly in controversy in this case. … The error in DeSerio was ultimately held to be harmless, however, because it was determined that medical testimony was not necessary to establish causation where the logical sequence of events established that prior to the

Allstate Ins. Co. v. Conde

595 So. 2d 1005 · District Court of Appeal of Florida · Mar 6, 1992

the existence of an "immunity, power, privilege or right" (lack of coverage). … existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future." [2] In the instant case the majority sets

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.

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.

Abraham Segall v. Wachovia Bank

192 So. 3d 1241 · District Court of Appeal of Florida · Jun 1, 2016

Deutsche Bank Nat’l Trust Co., 179 So. 3d 543, 545 (Fla. 4th DCA 2015) (“For a plaintiff to qualify as a holder of a promissory note, the note must either list the plaintiff as the payee, or it … In short, the surviving corporation succeeds to all of the rights, privileges, immunities, and property of the other entities party to the merger by operation of law, without the necessity of either a bill of sale or other

Jess Parrish Memorial Hospital v. Florida Public Employees Relations Commission

364 So. 2d 777 · District Court of Appeal of Florida · Nov 6, 1978

The hospital is therefore not entitled fees and costs since it is clearly not the prevailing party. … The court continued: [The discretionary functions] also include determinations made by executives or administrators in establishing plans, specifications or schedules of operations.

State ex rel. Lane v. Dade County

258 So. 2d 347 · District Court of Appeal of Florida · Feb 22, 1972

It is available to enforce a legal right that has already been clearly established, but not to establish a legal right. State ex rel. Topp v. Bd. of Electrical Examiners (Fla.App.1958) 101 So.2d 583 . … The evidence which appellant stated he wished to offer was that of two qualified plumbers in Dade County who would testify that the afternoon portion of the examination was incorrectly graded.

First Arlington Investment Corporation v. McGuire

311 So. 2d 146 · District Court of Appeal of Florida · Apr 9, 1975

One who stood at the wall could clearly observe that it was located at the edge of the ocean. … The evidence in the case before us clearly does not fall within the facts of Biltmore, supra .

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.

State v. Davis

110 So. 3d 27 · District Court of Appeal of Florida · Feb 27, 2013

A motion for judgment of acquittal which is presented after the verdict has the same effect as a motion for judgment notwithstanding the verdict, and clearly this court has jurisdiction to review orders on motions for judgments … Section 327.35(6)(i) provides that any conviction for a DUI is also considered a previous conviction for purposes of *29 establishing prior violations of section 327.35.

Quinn v. State

662 So. 2d 947 · District Court of Appeal of Florida · Sep 29, 1995

Because Markings was owned and operated by women, it qualified as a socially and economically disadvantaged business enterprise. [1] The disadvantaged business enterprise or DBE program was established by the federal government … The burden was on the state to at least establish some portion was profit.

SCHOOL BD. OF BROWARD CTY. v. Surette

394 So. 2d 147 · District Court of Appeal of Florida · Jan 28, 1981

Clearly, therefore, as the trial court correctly observed, the policy in question did not cover an accident resulting from an automobile (or bus) owned, leased or operated by the school board. … Immunity *152 of the school board against liability damages is waived to the extent of liability insurance carried by the school board.

Suburban Propane v. Estate of Pitcher

564 So. 2d 1118 · District Court of Appeal of Florida · Jun 21, 1990

Florida Rule of Civil Procedure 1.280(b)(1) establishes the scope of discovery in civil actions. … Thus, we are instructed that we should issue the writ only when there has been a violation of a clearly established principle of law which results in a miscarriage of justice. Combs v. State, 436 So.2d 93 (Fla. 1983).

Scherer v. Villas Del Verde Homeowners Ass'n

55 So. 3d 602 · District Court of Appeal of Florida · Jan 19, 2011

Building construction standards are established' by chapter 553, which adopts the building codes that govern most construction in Florida. 3 Qualifying agents, on the other hand, are a product of chapter 489, Florida Statutes … We note that, in the same year that Murthy was decided, the legislature amended chapter 489 to state clearly the applicability of part I related to construction contracting: “Unless specifically pro *605 vided, the provisions

State v. Sandoval

125 So. 3d 213 · District Court of Appeal of Florida · Feb 6, 2013

of a clearly established principle of law resulting in a miscarriage of justice.”) … Sealy-Doe, 861 So.2d 530, 531 (Fla. 4th DCA 2003) (‘We have the authority to grant such a writ where the state establishes a violation of a clearly established principle of law, resulting in a miscarriage of justice, if the

Putnam Community Medical Center v. Florida Birth-Related NeuroLogical Injury Compensation Ass'n

204 So. 3d 598 · District Court of Appeal of Florida · Dec 5, 2016

Harlass attested that Jamyrah “clearly qualified for the NICA compensation pool,” 3 notwithstanding her birth weight; he further asserted that the statute’s 2,500 gram requirement … As such, the hospital has not established a basis for an equal protection claim. Duncan v.

Casas v. Siemens Energy & Automation, Inc.

927 So. 2d 922 · District Court of Appeal of Florida · Feb 22, 2006

Consequently, the facts of this case do not rise to the level of an intentional tort to qualify as an exception under Turner, 754 So.2d at 686 . … The plaintiff invoked the intentional tort exception to workers' compensation immunity.