Case law

Silva v. Southwest Florida Blood Bank, Inc.

578 So. 2d 503 · District Court of Appeal of Florida · Apr 26, 1991

Silva's blood tested positive for the human immunodeficiency virus, which virus causes acquired immune deficiency syndrome. Mrs. Silva died as a result of an AIDS-related illness in January 1990. … Thus, we hold the legislature has clearly expressed its intent that blood banks are health care providers of medical treatment, diagnosis, or care.

State v. Keel

557 So. 2d 907 · District Court of Appeal of Florida · Mar 5, 1990

Pettis , this court stated While some pretrial evidentiary rulings may qualify for certiorari, it must be remembered that the extraordinary writ is reserved for those situations where "there has been a violation of a clearly … established principle of law resulting in a miscarriage of justice." 520 So.2d at 254 .

Ruiz v. State

80 So. 3d 420 · District Court of Appeal of Florida · Feb 15, 2012

The evidence presented at trial established that Ruiz and the victim were romantically involved. At some point, the relationship ended. … State, 568 So.2d 882 (Fla.1990), “a clinical psychologist experienced in evaluating an individual’s mental state, and who had personally examined [the defendant], clearly was qualified to testify as an expert on [the defendant

Newsome v. Agency for Persons with Disabilities

76 So. 3d 972 · District Court of Appeal of Florida · Nov 22, 2011

One of the programs implemented by the Agency is the waiver program established by section 393.0661, Florida Statutes. … The parties agree, and the hearing officer found, that Appellant has “intense medical needs” and that she does not qualify for Tier Two or Tier Four.

Thomas v. State

993 So. 2d 105 · District Court of Appeal of Florida · Oct 21, 2008

After the trial judge determined that "clearly this email is within the firsthand knowledge of Ms. … Thomas had been living in her apartment was established by a variety of non-hearsay evidence and was not really in dispute. Uncontroverted evidence established that Mr.

Diamond v. State

233 So. 2d 418 · District Court of Appeal of Florida · Mar 30, 1970

The written document itself was clearly inadmissible as hearsay to prove the truth of the matters contained therein. McNeal v. State, 1918, 76 Fla. 200 , 79 So. 728 ; Belk v. … Thus, it is clear that the written statement itself could not have been used by appellant as evidence, and consequently could hardly qualify as “newly discovered evidence”.

Delacruz v. State

734 So. 2d 1116 · District Court of Appeal of Florida · May 10, 1999

According to appellant, the use of the word "other" is clearly intended to refer to evidence "other" than the out-of-court statements of the child victim. … The statement is clearly admissible as an admission by a party-opponent, pursuant to section 90.803(18) of the Florida Evidence Code.

Shapiro v. State

696 So. 2d 1321 · District Court of Appeal of Florida · Jul 23, 1997

It is established that the First Amendment protects certain fundamental intimate relationship rights. State v. Conforti, 688 So.2d 350 (Fla. 4th DCA 1997). See also Roberts v. … In the instant case, the statute's legitimate reach clearly dwarfs its arguably impermissible application.

H. Bell & Associates, Inc. v. Keasbey & Mattison Co.

140 So. 2d 125 · District Court of Appeal of Florida · Apr 24, 1962

It is an established principle that each case involving the question of jurisdiction over a foreign corporation, which has failed to qualify to do business in this state, must be determined from the facts of each particular … Charles Pfizer & Co., supra, is not applicable to § 47.17(1), as it is clearly pointed out in that opinion that this statute was not involved in that decision. *128 We have also re-examined the opinion of this court rendered

Green v. Life & Health of America

692 So. 2d 220 · District Court of Appeal of Florida · Apr 9, 1997

Sahlen, 999 F.2d 1532 (11th Cir.1993), by holding that the "knowledge and belief" provision used by the insurer in the policy application "establishes a less stringent standard for determination of misrepresentations, *224 … Under this standard, summary judgment would still have been appropriate in Carroll because the mother's statements that her child was "normal," had no health problems, and was not under treatment were clearly contradicted

Hicks v. State

414 So. 2d 1137 · District Court of Appeal of Florida · Jun 8, 1982

No objection was raised below by the defendants when the prosecuting attorney asked the "death qualifying" questions of the jury on voir dire. … Moreover, robbery and larceny, as charged in the instant case, are clearly greater and lesser included offenses. Brown v.

Smith v. State

253 So. 2d 465 · District Court of Appeal of Florida · Oct 19, 1971

Accepting bribe. — Every public officer, agent, servant, or employee who, after his election, appointment or employment and either before or after he shall have been qualified or shall take his seat, corruptly requests, solicits … evidence conclusively shows that at the time the money was paid by the State's witness, Lewis, there were no questions or acts or opinions pending before the defendant to be acted upon or influenced by him or his vote, which clearly

Roll v. Spero

293 So. 2d 370 · District Court of Appeal of Florida · Apr 5, 1974

In case of abandonment as described above, the construction cost to be used in the computation of the architect’s fee was to be the lowest bona fide bid received from a qualified bidder. … I.would affirm the final judgment dismissing the cause as the findings of fact made by the trial judge are not clearly erroneous but are consistent with the testimony.

Sinclair v. State

995 So. 2d 552 · District Court of Appeal of Florida · Sep 3, 2008

After hearing this testimony and the other evidence presented by the State, the court stated, "the police officer came in and he clearly identified the substance that was before the Court[,]" and that: [t]he only thing that … Dolan, 544 F.2d 1219, 1221 (4th Cir.1976) ("[L]ay testimony and circumstantial evidence may be sufficient, without the introduction of an expert chemical analysis, to establish the identity of the substance involved in an

Gulley v. Pierce

625 So. 2d 45 · District Court of Appeal of Florida · Sep 17, 1993

Following the accident, it was established that DeRuiter, the operator of the Pinto, then had a blood alcohol content of .18 percent. … Turning to the first requested instruction, pertaining to the effect of a violation of section 316.1235, we note that it was clearly supported by the evidence.

General Motors Acceptance Corp. v. Davis

664 So. 2d 1025 · District Court of Appeal of Florida · Nov 13, 1995

GMAC filed an answer which denied that it owned the motor vehicle and asserted in its Third Defense that, pursuant to section 324.021, Florida Statutes, it was immune from liability. … The present case is clearly different.

Rollins, Inc. v. Butland

852 So. 2d 895 · District Court of Appeal of Florida · Aug 6, 2003

The trial court issued a twelve-page order granting the plaintiffs' motion for statewide class certification which clearly summarized the argument of the parties relating to the requirements which must be met in order to … to qualify for class certification.

Adrian P. Smith v. State of Florida

248 So. 3d 188 · District Court of Appeal of Florida · Apr 25, 2018

Expert testimony established that the infant could not have ingested the wipe on his own volition. … But a motion attacking the 1996 conviction would clearly be untimely at this point. As we stated in State v.

Pickett v. Copeland

236 So. 3d 1142 · District Court of Appeal of Florida · Jan 17, 2018

Malken , 207 So.3d 891 , 894 (Fla. 4th DCA 2017) ("A minimum of two incidents of harassment are required to establish stalking."). … The availability of this injunction enables victims of stalking, including cyberstalking, who do not qualify for domestic violence injunctions, to seek relief without the necessity of proving the two separate stalking offenses

Allstate Ins. Co. v. Pierce

597 So. 2d 388 · District Court of Appeal of Florida · Apr 17, 1992

As we noted, such coverage would apply only if Pierce qualifies as a "resident relative". … The evidence clearly establishes that Pierce does not qualify as a resident relative because at the time of the accident he did not physically reside in his mother's household nor was he an unmarried dependent temporarily