Case law

Lisboa v. Dade County Property Appraiser

705 So. 2d 704 · District Court of Appeal of Florida · Feb 11, 1998

Rather, it clearly provides that taxpayers who otherwise qualify shall be granted an exemption only "upon establishment of right thereto in the manner prescribed by law". Id. at 199 . … Under this definition, we have no doubt that Lisboa fully qualifies for the exemption.

Seminole Shell Co. v. Clearwater Flying Co.

156 So. 2d 543 · District Court of Appeal of Florida · Oct 2, 1963

Plaintiff attempted to qualify Watson as an expert. … The matter of whether or nor a particular witness may qualify as an expert is within the discretion of the trial judge. A ruling thereon will not be disturbed unless it is clearly erroneous. Myers v. Korbly, Fla.

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

GARY W. JOINER, SUCCESSOR TO MIKE WELLS v. PINELLAS COUNTY, FLORIDA

District Court of Appeal of Florida · May 3, 2019

Here, the mantle of sovereign rests on the shoulders of Pasco County because the land at issue rests within the territorial boundary establishing its constitutional domain. … The court determined that "[t]he crucial inquiry is whether the language of section 194.171 clearly and unambiguously demonstrates legislative intent to apply this section to challenges by the State on State-owned property

J.J. v. State

181 So. 3d 522 · District Court of Appeal of Florida · Oct 21, 2015

JACs, as physical locations, were established primarily to avoid intermingling children with adults in the central, booking process. … We as *525 sume for purposes of this opinion that this action is sufficient to qualify as a “charge.” But these juveniles are not charged with a felony or a misdemeanor.

Trudeau v. State

348 So. 2d 66 · District Court of Appeal of Florida · Jul 22, 1977

At the sentencing hearing, appellant's attorney requested the opportunity to present psychiatric testimony in order to establish mitigating circumstances. … In the instant case, sub judice, a medical doctor and qualified psychiatrist, was present in the courtroom, and available to testify at the sentencing.

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.

GARY W. JOINER, SUCCESSOR TO MIKE WELLS v. PINELLAS COUNTY, FLORIDA

District Court of Appeal of Florida · Sep 25, 2019

Here, the mantle of sovereign rests on the shoulders of Pasco County because the land at issue rests within the territorial boundary establishing its constitutional domain. … The court determined that "[t]he crucial inquiry is whether the language of section 194.171 clearly and unambiguously demonstrates legislative intent to apply this section to challenges by the State on State-owned property

Hogle v. Hogle

535 So. 2d 704 · District Court of Appeal of Florida · Dec 29, 1988

They do not establish it as a matter of law. See Brotman v. Brotman, 528 So.2d 550 (Fla. 4th DCA 1988). … That is hardly analogous to the instant situation where Hogle has evinced no intention of pursuing any lucrative career in the field wherein he is trained and qualified, either through selfemployment or otherwise.

St. Vincent's Medical Center, Inc. v. Bennett

27 So. 3d 65 · District Court of Appeal of Florida · Aug 21, 2009

Vincent’s could not claim NICA immunity because the Bennetts did not receive adequate notice of the NICA Plan. The trial court granted the motion for abatement. … The Legislature found that these circumstances “warrant the establishment of a limited system of compensation irrespective of fault.” Id.

Board of Regents v. Taborsky

648 So. 2d 748 · District Court of Appeal of Florida · Sep 14, 1994

Thus, in regard to the denial of injunctive relief, our jurisdiction being clearly established, we conclude the trial judge erred. USF is entitled to the injunctive relief requested. … Thus, legislative intent is clearly and unequivocally expressed.

Department of Corrections v. Chandler

582 So. 2d 1183 · District Court of Appeal of Florida · Jan 31, 1991

Pursuant to the Bur-dine formula, the employee has the initial burden of establishing a prima facie case of intentional discrimination, which once established raises a presumption that the employer discriminated against the … This finding is clearly supported by pertinent case law.

Harris v. Kearney

786 So. 2d 1222 · District Court of Appeal of Florida · Jun 6, 2001

"Judgment on the pleadings may be granted only if, upon admitted facts, the moving party is clearly entitled to judgment as a matter of law." First Fin. USA, Inc. v. Steinger, 760 So.2d 996, 997 (Fla. 4th DCA 2000). … It is a well established principal of law that "for there to be governmental tort liability, there must be either an underlying common law or statutory duty of care with respect to the alleged negligent conduct."

National Car Rental System, Inc. v. Holland

269 So. 2d 407 · District Court of Appeal of Florida · Nov 30, 1972

In this case appellant clearly identified the judicial act, to-wit: the giving of plaintiff's requested Instruction No. 7. … The error here was unquestionably harmless in view of the substantial uncontradicted evidence which otherwise appears in the record establishing that plaintiff was physically qualified to and did in fact drive his truck for

O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association

757 So. 2d 624 · District Court of Appeal of Florida · May 19, 2000

Florida Statutes, is amended to read: 766.301 Legislative findings and intent.— (1) The Legislature makes the following findings: (d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment … The appellants urge, and we agree, that the legislature, by amending section 766.304 to grant exclusive jurisdiction to an administrative law judge to determine whether a claim filed under this act is compensable, clearly

News-Journal Corp. v. Carson

741 So. 2d 572 · District Court of Appeal of Florida · Aug 20, 1999

The qualified journalist's privilege, which has recently been codified in Florida, is one of many such statutes adopted in other states. [1] Florida's statute provides: *574 (2) Privilege—A professional journalist has a qualified … With regard to the first factor of the statutory balancing test, [4] the document is clearly relevant to the issues in this case to establish actual knowledge on the part of the News-Journal.

Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson

86 So. 3d 519 · District Court of Appeal of Florida · Mar 12, 2012

The case was settled in 2001 for $6.15 million, with UMC paying $5,950,000 and FBOR paying its sovereign immunity limit of $200,000. … The prior opinion did state that “FBOR’s sovereign immunity should not have entered into the analysis.” Id. at 731 .

R.C. v. State

192 So. 3d 606 · District Court of Appeal of Florida · May 25, 2016

Such testimony is not admitted based on scientific expertise but instead based on the layman’s training and experience, for which a predicate establishing a sufficient degree of familiarity is sufficient. … After a review of the facts and pertinent circumstances, the court held “that the trial court did not clearly err in allowing [the witness] to express his opinion, in the form of expert testimony, that the sandwich bag contained

Robb v. Atlantic Coast Line Railroad

117 So. 2d 534 · District Court of Appeal of Florida · Jan 8, 1960

estate in lands is to be taken as a fee simple, though words necessary to create such an estate are not used, unless it clearly appears that a less estate was intended. * * * “It is also established that 'a fee will pass … impose such a condition. * * * “It is difficult to find such clearly ex- ■ pressed condition here.”

Board of Public Instruction of Hendry County v. State ex rel. Hilliard

188 So. 2d 337 · District Court of Appeal of Florida · Jan 28, 1966

The law of Florida has long been established that every presumption is in favor of the constitutional validity of an act of the Legislature and the appellants in this case have the burden to clearly show that F.S. § 193.03 … It does not require the qualified electors by their majority vote to establish the amount of miilage to be levied.