Case law

Mandelstam v. City of South Miami

685 So. 2d 868 · District Court of Appeal of Florida · Oct 23, 1996

The Mandelstams correctly argue that qualified immunity is unavailable to officials who, though otherwise covered, act with malice or contrary to clearly established law. Espanola Way Corp. v. … In sum, McCann's conduct, as alleged by the Mandelstams, was conduct for which qualified immunity generally applies. Accordingly, we affirm the order under review.

Reinish v. Clark

765 So. 2d 197 · District Court of Appeal of Florida · Jul 20, 2000

We conclude that the Reinishes clearly have satisfied the standing requirements of May and its progeny. See Chiles v. … Const. [5] "`Permanent resident' means a person who has established a permanent residence as defined in subsection (18)." § 196.012(17), Fla. Stat. (1997).

Citizens Property Insurance Corp. v. San Perdido Ass'n

46 So. 3d 1051 · District Court of Appeal of Florida · Oct 6, 2010

Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity). … In Tucker , our supreme court observed that the qualified immunity afforded to public officials would be illusory, and the underlying policy for the immunity would be thwarted, if nonfinal orders denying qualified immunity

Teed v. Everest Campus East, LLC, Bay Guard Pool Services

District Court of Appeal of Florida · Apr 8, 2026

Teed argues, as he did below, that Everest does not qualify for immunity under section 440.10(1)(e). We agree. … But the unambiguous language of section 440.10(1)(e) establishes that Everest cannot be immune from suit unless it was a "subcontractor" 5 working for a "contractor" on the same project

Biggins v. FANTASMA PRODS., INC. OF FLORIDA

943 So. 2d 952 · District Court of Appeal of Florida · Dec 6, 2006

Furthermore, all of the parties to this arrangement were clearly aware of the interrelated (if not interdependent) work they were to perform at the concert, inasmuch as they had done so together many times in the past. … When another subcontractor on the site needs labor, the subcontractor speaks with the crew chief who then designates qualified employees for the task.

In Re Tierney

328 So. 2d 40 · District Court of Appeal of Florida · Feb 27, 1976

establish any condition or predicate to such subpoenaing and questioning. … The slight modification on June 30 of the area of refusal did not carry beyond the boundaries already established.

Seminole Tribe of Florida v. McCor

903 So. 2d 353 · District Court of Appeal of Florida · Jun 15, 2005

Tribal *358 sovereign immunity, like the qualified immunity enjoyed in civil rights cases by public officials, "involves ` immunity from suit rather than a mere defense to liability,'" which is an "entitlement" that "`is … In failing to grant the Tribe's motion to dismiss, the trial court violated a clearly established principle of law, resulting in injury to the Tribe that cannot be remedied on appeal.

Urchisin v. Hauser

221 So. 2d 752 · District Court of Appeal of Florida · Apr 16, 1969

Sullivan, 1964, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 , 95 A.L.R.2d 1412 , the United States Supreme Court has established a new law of libel with constitutional dimensions. … Immunity under the qualified privilege doctrine requires the absence of actual malice. Where malice must be presumed, the claim of qualified privilege is unavailable.

Sierra v. Associated Marine Institutes, Inc.

850 So. 2d 582 · District Court of Appeal of Florida · Jun 18, 2003

Sierra's second amended complaint did not affirmatively and clearly demonstrate the conclusive applicability of this sovereign immunity defense. … Sierra's second amended complaint did not affirmatively and clearly demonstrate the conclusive applicability of the defendants' affirmative defenses based on workers' compensation immunity and sovereign immunity.

Heritage Property and Casualty Insurance Co. v. Romanach

224 So. 3d 262 · District Court of Appeal of Florida · Jul 12, 2017

Clearly, on this record, we conclude that Heritage failed to preserve this issue for appellate review. See Vorbeck v. … As with any party, Heritage may seek a declaratory judgment as to the existence or nonexistence of “any immunity, power, privilege or right” or of “any fact upon which the existence or nonexistence of such immunity, power

DANIEL DRISCOLL v. ERIC KNELLINGER AND US FEDERAL CONTRACTOR REGISTRATION, INC.

District Court of Appeal of Florida · Jan 26, 2024

Judgment on the pleadings is appropriate "only if the moving party is clearly entitled to judgment as a matter of law." Id. … Although qualifying conduct generally involves that taken "while litigation is ongoing," certain prelitigation conduct can qualify as well, so long as it is " 'necessarily preliminary' to judicial proceedings." Id.

Brown v. State

135 So. 3d 1160 · District Court of Appeal of Florida · Apr 22, 2014

As the first line of the statute clearly sets out, there are three avenues by which a defendant’s use of force may qualify for the statutory immunity from prosecution: that his or her use of force was permitted by section … to allow the court to determine whether section 776.032(1) immunity attaches.

Medberry v. McCallister

937 So. 2d 808 · District Court of Appeal of Florida · Sep 18, 2006

First, Appellees argued that the Leon County Circuit Court lacks subject matter jurisdiction over them based on the doctrines of sovereign immunity, qualified immunity, and/or the Eleventh Amendment. … In Paragraph 23, Medberry asserted that Appellees cannot claim qualified immunity because the pertinent state and constitutional law relating to Medberry's rights was clearly established at the time of the physical assault

School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mutual Automobile Insurance Company

District Court of Appeal of Florida · Nov 21, 2024

It asserted that, as a governmental agency, it had immunity from the suit because sovereign immunity had not been clearly and unequivocally waived by the Florida Legislature for the PIP reimbursement claim. … The Legislature has shown itself well qualified to write such a statute waiving sovereign immunity; and it is prudent for this Court to refrain from finding such a waiver, absent clear directive from the Legislature.

Harvey M. Hill v. State

143 So. 3d 981 · District Court of Appeal of Florida · Jul 16, 2014

State, concluding that the plain language of 776.032 can be understood as granting immunity to a person who qualifies under either 776.012(1) or 776.013(3) and that the “unlawful activity” exception does not exist under section … It is a well-established presumption that the legislature intends to change the law when it amends a statute. See Mikos v. Ringling Bros.

Christina Daly, in her official capacity as Secretary of the Florida Department of Juvenile Justice v. Polk County, Florida, and Seminole County, Florida, political subdivisions of the State of Florida

265 So. 3d 644 · District Court of Appeal of Florida · Nov 27, 2018

Rendon, 957 So. 2d 647, 652 (Fla. 3d DCA 2007) (affirming a grant of refund under section 215.26, but remanding to determine which taxpayers qualify for the remedy). … Accordingly, sovereign immunity does not bar relief.

CHARLES WILLIAMS v. GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida · May 5, 2021

Having determined that there was potential tort liability, we turn to whether sovereign immunity bars this action. … Thus, Appellant’s allegations appear to be regarding Sheriff’s “negligence in performance of established duties, and for failure to follow the policies already established.

Lluch v. American Airlines, Inc.

899 So. 2d 1146 · District Court of Appeal of Florida · Mar 16, 2005

Consequently, the trial court correctly found that American qualifies as the statutory employer of Lluch, despite the independent contractor clause of the contract between ABM and American. … clearly be demonstrated that a fellow employee whose actions caused the injury was engaged in works unrelated to the duties of the injured employee."

Brown v. Jenne

941 So. 2d 447 · District Court of Appeal of Florida · Oct 25, 2006

The appellees filed motions to dismiss the complaint alleging that they were entitled to absolute immunity, or in the alternative, qualified immunity. … However, the section 1983 liability of the police officers in that case was decided on qualified immunity, not sovereign immunity.

Penthouse, Inc. v. Saba

399 So. 2d 456 · District Court of Appeal of Florida · Jun 3, 1981

(and all other county officials) would have had only qualified immunity for their acts in implementing and enforcing (executive power) such an ordinance. … The existence of qualified immunity is a question of fact and, when properly presented, cannot be resolved summarily. Sims v. Adams, 537 F.2d 829, 832 [6] (C.A. 5th 1976).