Case law

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

Northwest Florida Home Health Agency v. Merrill

10 Fla. L. Weekly 1257 · District Court of Appeal of Florida · May 21, 1985

The privilege instead raises a presumption of good faith and places upon the plaintiff the burden of proving express malice — that is, malice in fact as defined by the common law doctrine of qualified privilege. … The Florida Bar, 390 So.2d 449 (Fla. 4th DCA 1980), where the court concluded that it makes little significant difference whether the protection to potential complainants is phrased in terms of immunity or in terms of absolute

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

Goller v. Florida Unemployment Appeals Commission

643 So. 2d 84 · District Court of Appeal of Florida · Oct 5, 1994

. *86 The claimant applied for benefits under the Florida Training Investment Program, established pursuant to section 443.231, Florida Statutes (1993). … More important, the statute clearly indicates that some academic programs do qualify and can be specifically approved.

Hernandez v. State

397 So. 2d 715 · District Court of Appeal of Florida · Apr 7, 1981

By the thirteenth century it seems to have been firmly established in England, where it came to be considered as a `universal maxim of the common law.' … This was clearly a violation of Rule 3.830. Appellant raises other issues. We have carefully reviewed them and find no basis for reversing.

Pledger v. Burnup & Sims, Inc.

432 So. 2d 1323 · District Court of Appeal of Florida · Apr 20, 1983

Califano , and the cases cited therein, have the benefit of a qualified privilege. To overcome a qualified privilege, the injured party must prove express malice or malice in fact. … The language of Restatement (Second ) § 145, as adopted in Bishop , clearly refers to rights and liabilities, not to remedies.

Sun Supermarkets, Inc. v. Fields

568 So. 2d 480 · District Court of Appeal of Florida · Oct 9, 1990

"It is well-established that where remarks of a highly prejudicial and inflammatory nature are made by counsel during the course of a jury trial, reversal for a new trial must be ordered." Skislak v. … Clearly, the causation testimony elicited from him should only be elicited from a qualified ophthalmologist, not an optometrist.

State, Office of the Attorney General v. Shapiro & Fishman, LLP

59 So. 3d 353 · District Court of Appeal of Florida · Apr 27, 2011

Since we find the Attorney General failed to establish that the object of the civil subpoena was connected to “trade or commerce,” we need not address the other issues raised by the appellant, and we affirm. 1 On August 6 … However, the district court stated: Even assuming arguendo the facts as pled establish that MERS engaged in deceptive acts or unfair trade practices, MERS’ actions do not qualify as “trade or commerce” under the Act....

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

Sitomer v. Sitomer

397 So. 2d 373 · District Court of Appeal of Florida · Apr 15, 1981

"Of course, the master's findings of fact would be clearly erroneous if the record should fail to contain evidence in support thereof which is both competent and substantial." Frank v. … His training in and dedication to the law, and his experience in settling the rights of parties in a fair and impartial manner consistent with justice, far better qualify him to perform important judicial functions than does

NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC. v. ROBERT HARDING

District Court of Appeal of Florida · Feb 23, 2022

“[B]orn of the recognition that directors are, in most cases, more qualified to make business decisions than are judges,” Royal Harbour Yacht Club Marina Condo. Ass’n, Inc. v. … See Lori McMillan, The Business Judgment Rule as an Immunity Doctrine, 4 Wm. & Mary Bus. L.

Astrop v. State

682 So. 2d 1153 · District Court of Appeal of Florida · Oct 18, 1996

alleged qualifying felony? … It is difficult to imagine how a statute can any more clearly incorporate the elements of a separate offense than this one does.

Wright v. State

291 So. 2d 118 · District Court of Appeal of Florida · Mar 1, 1974

But since the latter sections were repealed as aforesaid, and § 775.084 enacted clearly in their stead, we can only say that § 775.11, supra, still obtains insofar as the procedures are concerned for the imposition of enhanced … a felony under Florida law has been legally established and has been granted probation without an adjudication of guilt and who, during such probationary period, has committed the felony for which he is to be sentenced,

Gross v. Eustis Fruit Co.

160 So. 2d 55 · District Court of Appeal of Florida · Jan 29, 1964

The point in issue is whether or not, under the facts established, the appellee was answerable under the doctrine of re-spondeat superior, or whether it was immune as a party to an independent contract. … From the reasoning employed in the King case, the status of the Eustis Fruit Company is clearly seen to be that of an independent contractor, and not a principal in a respondeat superior situation.

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.

Barry v. Garcia

573 So. 2d 932 · District Court of Appeal of Florida · Jan 15, 1991

At the hearing the respondents argued that the elements of contempt had not been established as a matter of law; that general administrative investigatory subpoenas were disapproved in the law; that the City Commission's … The Florida Supreme Court clearly stated its adherence to this principle in Tampa v.

Haddock v. Carmody

1 So. 3d 1133 · District Court of Appeal of Florida · Jan 21, 2009

[d]oes not establish an absolute right to a homestead exemption. … Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption [o]nly ‘upon establishment of right thereto in the manner prescribed by law’.

City of Orlando v. Brown

626 So. 2d 1102 · District Court of Appeal of Florida · Nov 22, 1993

In general terms, the City solicited residents to qualify for the funds and established qualification guidelines. … If a resident qualified, the City would send out an *1103 inspector to determine what repairs were needed to bring the home into compliance with the applicable building code.

Duckworth v. State

923 So. 2d 530 · District Court of Appeal of Florida · Feb 8, 2006

Clearly, section 322.125(4) makes confidential the records that the order on review would allow the state to obtain. … Here, the unambiguous language of section 322.125(4) furnishes the clearly established law.

City of Bartow v. Roden

286 So. 2d 228 · District Court of Appeal of Florida · Dec 5, 1973

After exhausting their administrative remedies, the City and the Authority sued for a declaration that the entire property was either exempt or immune from county ad valorem taxes. … Clearly, Chapter 332 authorized and validated the acquisition of all the airport property. Further, it permitted the City to make the leases in question.