Case law

Lederer v. ORLANDO UTILITIES COM'N

981 So. 2d 521 · District Court of Appeal of Florida · Apr 18, 2008

Section 768.28(6), Florida Statutes, is part of a statutory waiver of sovereign immunity. As a result, strict compliance is required. See Levine v. Dade County Sch. Bd., 442 So.2d 210, 212 (Fla.1983). … Clearly, as Ms. Lederer concedes, the OUC is not a municipality. The OUC does not have citizens or a geographically-defined area and is not a general purpose unit of government.

Rubinstein v. SARASOTA CTY. PUB. HOSP.

11 Fla. L. Weekly 2638 · District Court of Appeal of Florida · Dec 10, 1986

The Sarasota County Public Hospital Board was established by chapter 26468, Laws of Florida, Acts of Extraordinary Session 1949, as amended by chapter 83-525 Laws of Florida. … In Lee the court held that the hospital district was a "state agency" for purposes of the sovereign immunity statute, section 768.28(2), Florida Statutes (1985), a statute envisioning a much broader definition of "agency"

Bayview Buick-GMC Truck, Inc. v. GMC

597 So. 2d 887 · District Court of Appeal of Florida · Apr 15, 1992

Thus, any attempt by GM to withhold acceptance of Bayview as a qualified transferee would be presumptively unreasonable according to section 320.643(1). … Any contract that contravenes an established interest of society can be found void as against public policy. American Cas. Co. v. Coastal Caisson Drill Co., 542 So.2d 957 (Fla. 1989); Title & Trust Co. of Florida v.

Tallahassee Memorial Regional Medical Center, Inc. v. Meeks ex rel. Adams

14 Fla. L. Weekly 636 · District Court of Appeal of Florida · Mar 10, 1989

Ket-chum was not qualified to express an opinion in this regard. Dr. … Clearly these two criteria were met in the instant case.

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

Rosario v. State

175 So. 3d 843 · District Court of Appeal of Florida · Aug 28, 2015

Certainly it was not clearly established law at the time 'of the SJC decision that any. part of Dr. McDonough’s testimony violated clearly established Supreme Court precedent. … Other federal circuit courts, when addressing petitions for habeas corpus relief, have also found that there is no "clearly established law” on whether an autopsy report is testimonial under the Confrontation Clause.

Palmer v. State

448 So. 2d 55 · District Court of Appeal of Florida · Apr 5, 1984

The appellant argues in his brief: Since Detective Perkins had foregone the process of obtaining a search warrant, it was the State’s burden to clearly establish that Appellant’s right against unlawful searches and seizures … For example, in the instant case, Perkins, in all probability, could not have qualified to testify, over timely and proper objection, as to the true proprietary interest and authority of Mrs.

J.J. v. State

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 assume 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.

Shannon v. State

753 So. 2d 148 · District Court of Appeal of Florida · Feb 16, 2000

Valerie Rao, the medical examiner, was later able to establish that the fatal injuries had occurred during the last eighteen hours of the child's life. … State, 683 So.2d 583, 584 (Fla. 4th DCA 1996) ("Clearly, police officers, as well as other witnesses, are prohibited from offering opinions as to the truthfulness of a witness or a defendant."); Farley v.

Embry v. Ryan

11 So. 3d 408 · District Court of Appeal of Florida · May 13, 2009

Full Faith and Credit Clause, the United States Supreme Court has held that “[a] final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies … Therefore, regardless of whether the trial court believed that the Washington adoption violated a clearly established public policy in Florida, it was improper for the trial court to refuse to give the Washington judgment

Lawnwood Medical Center Inc. v. Sadow

43 So. 3d 710 · District Court of Appeal of Florida · Mar 24, 2010

The slander claim involved statements during the litigation by senior executive officers of the hospital that, among others, the doctor was not even “qualified to perform surgery on a dog.” … The immunity of § 395.0191(7) is not a broad, general grant immunizing every kind of hospital liability after granting clinical privileges.

Cape Publications, Inc. v. City of Palm Bay

10 Fla. L. Weekly 1588 · District Court of Appeal of Florida · Jun 27, 1985

Reno, 366 So.2d 1244 (Fla. 3d DCA 1979), but that case is clearly distinguishable on its facts. … Commenting further, the court said that the facts of that case were clearly analogous to Town of Palm Beach v. Gradison and Krause v.

Hjm v. Brc

603 So. 2d 1331 · District Court of Appeal of Florida · Aug 12, 1992

Section 458.3315, Florida Statutes (1991), which establishes the program for the treatment of impaired practitioners, reads in pertinent part: (6)(a) An approved treatment provider shall, upon request, disclose to the consultant … The supreme court construed that language as clearly expressing the legislature's intent to restrict discovery of hospitals' committee proceedings.

Kar Products, Inc. v. Acker

217 So. 2d 595 · District Court of Appeal of Florida · Jan 21, 1969

court fairly establishes that the business transacted by plaintiff involving the sale and distribution of automotive parts in the State of Florida is exclusively interstate in character. … From the foregoing decision it clearly appears that for a nonresident corporation to be permitted to maintain an action in the courts of this state without first qualifying to do business as required by F.S.

Osten v. City of Homestead

757 So. 2d 1243 · District Court of Appeal of Florida · May 10, 2000

In section 768.28, the Florida legislature has waived the sovereign immunity of the state and its subdivisions from tort action provided, among other things, that the claimant present a written claim to the appropriate agency … within three years after the accrual of the claim. [2] Established case law makes it clear that strict compliance with the notice requirement of this statute is necessary in order to maintain an action against the state,

WOOD-HOPKINS CONTRACT. v. Roger J. Au & Son, Inc.

354 So. 2d 446 · District Court of Appeal of Florida · Jan 26, 1978

The JEA pre-qualified sixteen contractors to bid on the project, including Appellee Au and Appellant Wood-Hopkins. Nine of those pre-qualified submitted bids on September 14, 1977. … Testimony also established that the design of large reinforced fiberglass pipe is a highly technical and specialized field.

Thomas v. State

638 So. 2d 169 · District Court of Appeal of Florida · Jun 14, 1994

On appeal, appellant challenges neither the trial court's finding that he qualified as an habitual felony offender, nor its decision to treat him as an habitual felony offender. … On the contrary, the record in this case clearly establishes that the trial court attempted to impose an equivalent sentence, taking into account the realities of the present system.

R.A. v. State

725 So. 2d 1240 · District Court of Appeal of Florida · Jan 27, 1999

As suggested by the state in its brief, Gonzalez stands for the proposition that a tipster can qualify for treatment as a citizen informant, even when his or her identity is not established, if it is clear that the tipster … The caller, who the opinion indicates was clearly a neighbor of the home being burglarized, described the burglary in a manner which clearly reflected that she was describing exactly what was happening, as it was happening

Allis-Chalmers Credit Corp. v. Dept. of Rev.

456 So. 2d 899 · District Court of Appeal of Florida · Jul 10, 1984

ACCC is a Wisconsin corporation that qualified and is authorized to transact business in Florida. It is a wholly-owned subsidiary of Allis-Chalmers Corp. 2. … (2) permanent location of the credits within the taxing state, (3) proof establishing independent management of the credits as distinguished from custody and safekeeping, and (4) proof establishing that credits of the non-resident

State v. Espinoza

264 So. 3d 1055 · District Court of Appeal of Florida · Jan 30, 2019

Faiella , 39 F.Supp.3d 544 , 545 (S.D.N.Y. 2014) (finding that Bitcoin clearly qualifies as "money" or "funds" for purposes of the federal money transmitter statute because "Bitcoin can be easily purchased in exchange for … Clearly, the statute requires intent.