Case law

Naples Airport Auth. v. Collier Dev.

515 So. 2d 1058 · District Court of Appeal of Florida · Nov 25, 1987

Prior to the enactment of section 57.111 in 1984, costs clearly could be taxed in favor of the party recovering a judgment against the state or one of its agencies. See Simpson v. Merrill, 234 So.2d 350 (Fla. 1970). … Rather than establishing a limitation, we believe that the legislature intended to provide an alternative, and in some cases, an additional means for a small business to recover costs and attorney's fees when a state agency

United States Shoe Corp. v. Department of Professional Regulation, Board of Opticianry

578 So. 2d 376 · District Court of Appeal of Florida · Apr 11, 1991

sufficient, according to the order, to “clearly empower Respondent [Board] to adopt the rule which is the subject of this proceeding.” … The proposed amendment goes beyond any authority in the organic statutory law governing the Board’s exercise of power and thus is an invalid exercise of delegated legislative authority because it clearly enlarges and contravenes

Deel Motors, Inc. v. Department of Commerce

252 So. 2d 389 · District Court of Appeal of Florida · Sep 21, 1971

to the Administrative Procedure Act for the purpose of deciding whether the Department of Commerce, in the case sub judice, substantially complied with its requirements. *394 Part II of the Administrative Procedure Act clearly … directs that all proceedings conducted by any state agency, board, commission, or department for the purpose of adjudicating any party's legal rights, duties, privileges, or immunities, must be conducted in a quasi-judicial

Wilson v. State

857 So. 2d 964 · District Court of Appeal of Florida · Oct 24, 2003

The qualifying predicate conviction was not vacated by a Maryland court until December 21, 2000. Therefore, the Maryland court opinion and order are clearly newly discovered facts. … Unless another qualifying predicate offense exists, appellant’s sentence must be vacated.

Baker County Medical Services, Inc. etc. v. State of Florida, Agency for Health etc.

178 So. 3d 71 · District Court of Appeal of Florida · Oct 20, 2015

Our task here is to determine whether AHCA’s actions, as alleged in Fraser Hospital’s amended complaint, are clearly beyond the statutory boundaries the Legislature has established for the regulation of certificates of … Makar, Antitrust Immunity Under Florida’s Certificate of Need Program, 19 Fla. St. U. L. Rev. 149, 150 (1991) (discussing contours of immunity under Florida’s then-existing certificate of need program).

Rhaney v. Dobbs House, Inc.

415 So. 2d 1277 · District Court of Appeal of Florida · Jun 16, 1982

The claimant clearly alleged that she had a 5% to 10% permanent impairment of the hand. … The legislature clearly had the right to delegate to the Division of Workers' Compensation (the Division) the right to establish a reasonable schedule for the purpose of determining both the existence and degree of permanent

Schindelar v. Florida Unemployment Appeals Commission

31 So. 3d 903 · District Court of Appeal of Florida · Mar 25, 2010

any testimony or evidence establishing that her claim should be cancelled “based on Agency error.” … Conclusion Based on the foregoing, the Commission’s determination that Appellant failed to establish entitlement to cancel her Florida unemployment claim was clearly erroneous as a matter of law.

STATE OF FLORIDA v. WILLIAM CHARLES SPUHLER

243 So. 3d 1029 · District Court of Appeal of Florida · Apr 4, 2018

"[C]ertiorari review is proper when it is alleged that the circuit court's interpretation of a statute violates clearly established law or when it fails to follow the dictates of a statute[] and the error is sufficiently … There must be a violation of a clearly established principle of law resulting in a miscarriage of justice." Id. (quoting Fassy v. Crowley, 884 So. 2d 359, 363–64 (Fla. 2d DCA 2004)).

State v. Hysell

281 So. 2d 417 · District Court of Appeal of Florida · Aug 17, 1973

It is equally well established by abundant judicial interpretation that a voluntary consent to a search or seizure waives the well-known immunity rule. … If findings had been made — which is the better practice — this Court would have been required to accept them unless they were clearly erroneous. United States v.

State v. Laveroni

910 So. 2d 333 · District Court of Appeal of Florida · Sep 14, 2005

The court, on its own, after the parties rested, raised the issue of whether there was sufficient proof that the narcotics dog was qualified so as to establish probable cause under Matheson v. … Under Florida Rule of Criminal Procedure 3.190(h)(2), a motion to suppress evidence "shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on

King v. State

557 So. 2d 899 · District Court of Appeal of Florida · Mar 1, 1990

(b) The court, in conformity with the procedure established in subsection (3), may sentence the habitual violent felony offender as follows: 1. … Determining who falls within the purview of section 775.084 is clearly established by the statute.

Brown v. Winn-Dixie Montgomery, Inc.

10 Fla. L. Weekly 1129 · District Court of Appeal of Florida · May 7, 1985

Brown's mental distress or injury might not be of sufficient severity or quality so as to actually qualify for benefits under the worker's compensation law is of no moment. As this court stated in Grice v. … Sheehan, 373 So.2d 956, 959 (Fla. 1st DCA 1979), the existence of severe emotional injury may be established without any manifestation of bodily harm.

Sunshine Chevrolet Oldsmobile v. UAC

910 So. 2d 948 · District Court of Appeal of Florida · Sep 23, 2005

Roy was qualified for the receipt of unemployment benefits because he was not discharged due to misconduct. … We therefore affirm the decision that Roy was qualified for the receipt of benefits.

Academy Express, LLC v. Broward County

53 So. 3d 1188 · District Court of Appeal of Florida · Feb 9, 2011

Academy initially learned of the bus shuttle services contract when Broward County issued a Request for Letters of Interest (“RLI”) seeking qualified vendors. … However, unlike the proposal at issue in Statewide, Academy’s complaint clearly states that LSF’s letter of interest was facially responsive because LSF answered ‘Tes” to each question regarding experience.

Orange County v. Gillespie

239 So. 2d 132 · District Court of Appeal of Florida · Sep 3, 1970

Hagan ineligible to qualify as a candidate for the office of State Representative, District 44, by virtue of the provisions of Chapter 70-80, Laws of Florida, 1970. … Chapter 160, F.S.A., could not exercise sovereign power to the same extent as could a member of the State Planning Board, in the sense that a local officer clearly does not exercise sovereign power to the same extent as a

Raulerson v. Roehr

12 Fla. L. Weekly 1856 · District Court of Appeal of Florida · Jul 31, 1987

We determine in this case whether, under the circumstances established by the evidence, corporate officers and supervisors are liable as co-employees for dam *1028 ages sustained by an injured employee. … Clearly something extra is needed over and beyond the duty owed the employer. Id. 213 N.W.2d at 67 (emphasis supplied). We emphasized this language in Zurich Insurance Co. v.

Department of State v. Martin

885 So. 2d 453 · District Court of Appeal of Florida · Oct 25, 2004

Stork qualified with the Division as the Democratic Party's candidate for the Florida Congressional District 22 seat in the 2004 general election, which is to take place on November 2nd. … members of the legislature who are elected to perform those tasks, and [that the] administration of legislative programs must be pursuant to some minimal standards and guidelines ascertainable by reference to the enactment establishing

Vickers v. State

303 So. 2d 700 · District Court of Appeal of Florida · Nov 14, 1974

By way of this appeal, appellant challenges his conviction of two counts of breaking and entering with the intent to commit a felony on the basis that the state failed to proffer the necessary testimony to establish the requisite … Although the direct testimony of the owners in the case sub judice does not clearly state the respective owners' opinion of the market value, the overall testimony meets the bare requirements of competent, substantial evidence

Lobo v. Florida Parole & Probation Commission

433 So. 2d 622 · District Court of Appeal of Florida · Jun 22, 1983

Under Weaver, it would appear that parole is also not immune from ex post facto scrutiny. In Weaver the Supreme Court quoted with approval an opinion of a three judge panel of the District Court in Greenfield v. … It is the intent of this act to establish an objective means for determining and establishing parole dates for inmates.

Rose v. State

12 Fla. L. Weekly 1125 · District Court of Appeal of Florida · Apr 30, 1987

After the jury was released for the day, the defense again proffered Beller's testimony, which established his diagnosis that appellant suffered from episodic dyscontrol syndrome, supported by appellant's history of drug … The record clearly shows that the reason the trial court refused to qualify Beller as an expert was because it agreed with the prosecutor that appellant is not qualified since he is not licensed in this state as a psychologist