Case law

Security Ins. Co. of Hartford v. Puig

728 So. 2d 292 · District Court of Appeal of Florida · Feb 17, 1999

In order to qualify as a member of the class and recover their entitlements, policy holders were required to respond to the notification within a certain time period. … These references do not change the plaintiff class entitlement criteria clearly specified in the bargained-for agreement. [4] Potential class members were given notice that they would be required to supply proof of the following

Green v. City of Pensacola

108 So. 2d 897 · District Court of Appeal of Florida · Feb 10, 1959

It is the city’s position that the Comptroller has no standing to question the constitutionality of the exemption act for the reason that the immunities accorded thereunder in no way affect the Comptroller in his person, … We perceive no reason, however, why the court should have qualified the general rule adhered to in that opinion by reiterating the exception last mentioned unless it was to again bring to the attention of the bench and bar

South Fla. Blood Serv. v. Rasmussen

10 Fla. L. Weekly 1041 · District Court of Appeal of Florida · Apr 23, 1985

He was subsequently diagnosed as having acquired immune deficiency syndrome (AIDS). … Thus, the court's denial of established rights to Rasmussen may well be for absolutely nothing.

Schurr v. Sanchez-Gronlier

937 So. 2d 1166 · District Court of Appeal of Florida · Sep 1, 2006

However, while the campaign contribution which established his campaign account was improper, prior to presenting the check for payment, Defendant Sanchez-Gronlier did file the Form DS-DE 9. … This Court recommends that the legislature consider amending both § 105.031 and § 106.021 to more clearly state that loans to a campaign by a potential candidate are contributions within the scope of these sections in an

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

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But since the latter sections were repealed as aforesaid, and § 775.084 enacted clearly in their stead, we can only say that § 775.11, supra, still obtains insofar as the procedures are concerned for the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,

State v. Smith

951 So. 2d 954 · District Court of Appeal of Florida · Mar 12, 2007

The district courts should exercise this discretion only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. … where `there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.'"

B.L. v. State

425 So. 2d 1178 · District Court of Appeal of Florida · Jan 18, 1983

The court clearly established the sufficiency of probable cause and focus to render questioning custodial. In the case before us, both probable cause and focus were present. B.L. was the sole, suspect. … According to Alberti , these facts are sufficient to qualify the interview as a custodial interrogation requiring Miranda warnings. See also United States v. Henry, 604 F.2d 908 (5th Cir.1979); United States v.

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.

Jackson v. Milner

654 So. 2d 1045 · District Court of Appeal of Florida · May 18, 1995

Thus, for reasons of sovereign immunity, the allegations in the complaint in Davis could be resolved as a matter of law and for that reason the issue of foreseeability was held to be moot. … The Bradford County Jail’s promulgation of rules relating to searches of inmates when being admitted to the detention facility, was clearly intended to protect the safety of inmates and prison guards, and to prevent the type

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’.

Cuevas v. State

31 So. 3d 290 · District Court of Appeal of Florida · Mar 31, 2010

Cuevas concedes that the convictions qualified him for designation as a sexual predator under the criteria established in section 775.21(4)(a). … In the case of Section (5)(a)3., a sexual predator who was convicted of a qualifying offense in another jurisdiction before establishing or maintaining a residence in a Florida county, notice is to be given to the state attorney

Jones v. Holiday Inns, Inc.

407 So. 2d 1032 · District Court of Appeal of Florida · Dec 29, 1981

The trial court also granted a summary judgment, on the basis of workers' compensation immunity, for appellants on Sapp's negligence claim against them. … There is no doubt the indemnity provision in question did not clearly and unequivocally call for appellee's indemnification for judgments based upon its own negligence. Spring Lock, supra ; Leadership Housing v.

Perez v. Marti

770 So. 2d 176 · District Court of Appeal of Florida · Sep 22, 2000

The trial court found that on July 17, 2000, Perez moved to 10011 S.W. 80th Avenue, Miami, Florida, for the purpose of establishing residency in district seven. This address, however, was not in district seven. … Clearly, statutes requiring residency within the district at the time of qualifying are inadequate to avoid the residence shifting games that are, and have historically been played.

Hudson v. State

820 So. 2d 1070 · District Court of Appeal of Florida · Jul 12, 2002

Nor does the record clearly reveal just what statistical technique was applied. While Mr. … Ritzline was properly qualified to report population frequency statistics. Id. (footnote omitted).

City of Jacksonville v. Cook

765 So. 2d 289 · District Court of Appeal of Florida · Aug 22, 2000

at the time he presents his qualifying papers. … The constitution clearly contemplates that Jacksonville's charter provisions relating to elections will have local, not statewide application.

Therrien v. State

859 So. 2d 585 · District Court of Appeal of Florida · Nov 25, 2003

If that right be stricken down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense.... … On October 6, 2000, the State filed a motion seeking to qualify Appellant as a sexual predator pursuant to section 775.21, as amended on October 1, 1998. [2] Appellant was convicted of the qualifying offenses for purposes

Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individual

248 So. 3d 253 · District Court of Appeal of Florida · May 25, 2018

in the waiver of sovereign immunity contained in section 768.28(9)(a), Florida Statutes. … “In general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing civil liability.”

O.I.C.L., a child v. Department of Children And Families

169 So. 3d 1244 · District Court of Appeal of Florida · Jul 22, 2015

Clearly the purpose for this proceeding was to assist the Child in securing a Special Immigration Juvenile Status (“SUS”) visa that would enable him to apply for lawful permanent residency (a green card), and secure a path … which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish

Medley Harwoods, Inc. v. Novy

346 So. 2d 1224 · District Court of Appeal of Florida · Jun 14, 1977

The law which governs this transaction is found in the Uniform Commercial Code since the checks involved in this case are clearly negotiable instruments within the meaning of the said Code. … Under Section 673.403(2)(b), Florida Statutes (1975), Carl Novy is therefore personally obligated on the checks "except as otherwise established between the immediate parties ..."