Case law

Santiago v. State

874 So. 2d 617 · District Court of Appeal of Florida · Mar 26, 2004

Unfortunately, because the girlfriend did not know who shot Paul, the State presented as its key witness Polanco, who had been given immunity in exchange for his testimony. … The record clearly shows that the State failed to present any evidence of an actual drug purchase or of an attempted drug purchase.

Hicks v. STATE, DEPT. OF TRANSP.

541 So. 2d 1309 · District Court of Appeal of Florida · Apr 12, 1989

Lake of the Woods, Inc., 404 So.2d 186 (Fla. 4th DCA 1981), this court reversed an award of business damages based upon the failure of the business owner to establish that his restaurant was an established business of more … Clearly, the operation of the Chevron gas station was continuous, and the paper changes resulting from the sale did not interrupt that business or cause it to vary its method of operation.

A.M. v. State

147 So. 3d 98 · District Court of Appeal of Florida · Aug 6, 2014

This can be further established by comparing the jury instructions for grand theft (Fla. Std. J. Instr. (Crim.) *101 14.1) and robbery by sudden snatching (Fla. Std. J. Instr. (Grim.) 15.4): 14.1 THEFT § 812.014, Fla. … The risk assessment established that the juvenile was initially charged with robbery by sudden snatching, which was scored as nine points, clearly below the twelve-point minimum.

R.J. Reynolds Tobacco Company v. Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta

182 So. 3d 829 · District Court of Appeal of Florida · Jan 6, 2016

The defendant very broadly argues that, because Congress has expressly sanctioned the sale of cigarettes, and because the practical effect of the Engle progeny litigation is to establish that all cigarettes are inherently … , and confusing cigarette labeling and advertising regulations,’ Cipollone, 505 U.S. at 514, 112 S.Ct. 2608, but did not clearly intend to extend broad immunity from common law liability to cigarette manufacturers.”).

Atlantic Outdoor Advertising v. Department of Transportation

13 Fla. L. Weekly 100 · District Court of Appeal of Florida · Dec 29, 1987

The agency made reference to section 479.11(1) only to establish its jurisdictional and regulatory control of the area in which appellant’s sign was located, and to establish that appellant’s sign was “on” a federal-aid primary … Once the Department established that appellant’s sign was “on” a federal-aid primary highway, whether appellant qualified for the section 479.111(2) exception was irrelevant to its ineligibility for a permit under the spacing

Richey v. Town of Indian River Shores

337 So. 2d 410 · District Court of Appeal of Florida · Sep 24, 1976

Section 98.041, Florida Statutes, is amended to read: 98.041 Permanent single registration system established; effective date. — A permanent single registration system for the registration of electors to qualify them to vote … implication it must appear that the statute later in point of time was intended as a revision of the subject matter of the former, or that there is such a positive and irreconcilable repugnancy between the law as to indicate clearly

GRACE EX REL. WILLIAMS v. City of Miami

661 So. 2d 1232 · District Court of Appeal of Florida · Oct 5, 1995

We affirm the summary judgment on the negligent design claim, finding that the doctrine of sovereign immunity bars this claim. Trianon Park Condominium Ass'n, Inc. v. City of Hialeah, 468 So.2d 912, 920 (Fla. 1985). … I concur in the court's decision in this case, but write separately to emphasize what is implicit in the court's opinion, namely, that the record as presently developed fails to establish as a matter of law that the City

State v. Jordan

783 So. 2d 1179 · District Court of Appeal of Florida · Apr 25, 2001

GORT statute—the state still had to prove that Jordan qualified as a GORT. … Our case law clearly establishes that section 924.07 is the only basis upon which the state may appeal as a matter of right and that appeals may be taken only in the express categories contained in section 924.07.

Bayne v. Glisson

300 So. 2d 79 · District Court of Appeal of Florida · Aug 13, 1974

and unequivocally establishes the presence of his representative in the office of the Secretary of State of the State of Florida, ready, willing and anxious to file all documents necessary to qualify petitioner as a *80 … , the names of all duly qualified candidates for nomination who are required by law to qualify with the department of state. (5) Within five (5) days after the closing of qualifying time, the department of state or the clerk

FLORIDA PACE FUNDING AGENCY v. PINELLAS COUNTY

District Court of Appeal of Florida · Mar 27, 2024

Clearly satisfied that the matter was closed, FPFA financed improvements on at least twenty-two residential properties in Pinellas County between the date of the bond validation judgment and the effective date of the interlocal … It met that burden by establishing, among other things, that it is a Florida governmental defendant based in Sarasota County.

Perkins v. DEPT. OF HEALTH & REHAB. SERVICES

452 So. 2d 1007 · District Court of Appeal of Florida · Jun 21, 1984

This language clearly mandates rulemaking, not merely directing it permissively, as contended by HRS and accepted by the hearing officer. … Nor is it necessary for us to decide whether Perkins has sufficiently demonstrated good cause for failing to comply with her workfare assignment in order to qualify for a valid exemption.

Brown v. Swindal

121 So. 2d 38 · District Court of Appeal of Florida · Jun 2, 1960

the diagnosis and treatment of his patient the ordinary skills, means and methods that are recognized as necessary, and which are customarily followed in the particular cases, according to the standard of those who are qualified … The correct answers may only be given by an expert in the field of dentistry, which answers would have to be of such character as to clearly show a want of due care on the part of defendant.

DANIEL JOHN MATTHEWS v. Michael Steinberg, Craig Latimer, etc.

153 So. 3d 295 · District Court of Appeal of Florida · Oct 22, 2014

Because the Florida Constitution clearly delineates a residency requirement for legislators, which a statute cannot contravene, we agree. … Matthews is not a qualified candidate for office and (ii) “opening” the primary pursuant to Article VI, section 5(b), of the Florida Constitution.

Heather Sawyer Carvajal v. Danielle Santos Ferretti

District Court of Appeal of Florida · Apr 29, 2026

The Record Does Not Establish Two Separate Instances of Harassment 1. … The October 23 communications illustrate the point most clearly.

Talavera v. State

227 So. 2d 493 · District Court of Appeal of Florida · Oct 15, 1969

If it were, a witness could not even be compelled to testify upon a valid grant of immunity. … instant defendant, who knows that he, the witness-codefendant, is the sole perpetrator of the crime charged if, in fact, that is the truth; or, the witness-codefendant may be possessed of knowledge of matters otherwise clearly

Hayes v. State

587 So. 2d 578 · District Court of Appeal of Florida · Oct 8, 1991

felonies in this state or other qualified offenses.” § 775.-084(1)(a)(1), Fla.Stat. (1989). … Clearly, if nothing else appeared in the record, we would be compelled to reverse the sentence under review. Collazo v. State, 573 So.2d 209 (Fla. 3d DCA 1991).

Church of Jesus Christ v. St. Johns Riv. Wat.

489 So. 2d 59 · District Court of Appeal of Florida · Apr 3, 1986

The trial court granted the water management district's motion for summary judgment because the evidence established that water from the Church's drainage system was discharged into the marshes of the St. Johns River. … Due to the extensive nature of the rebuilding necessary to restore the dike to a functioning condition, the Church clearly does not qualify for the routine maintenance exemption under chapter 403.

Harbond, Inc. v. Anderson

134 So. 2d 816 · District Court of Appeal of Florida · Nov 22, 1961

The trial judge entered final decree, finding that plaintiff had failed to establish the allegations and dismissing the cause. … However, the fact of ownership does not of itself qualify one to testify to value of other lands.

Gove v. Florida Parole Com'n

816 So. 2d 1150 · District Court of Appeal of Florida · Apr 26, 2002

The statute clearly requires that to qualify for conditional release, an inmate, who is not an habitual or violent habitual offender or a violent career criminal or a sexual predator under section 947.1405(2)(b) or (c), must … have been convicted of one of the qualifying crimes in section 947.1405(2)(a) and have served time for at least one prior felony.

Secretary of State v. Milligan

704 So. 2d 152 · District Court of Appeal of Florida · Dec 8, 1997

It is not the Commission's intent that the purpose for which a trust fund was established be eliminated. … NOTES [1] Section 99.092, Florida Statutes (1995), provided that each person seeking to qualify for nomination to any office, except a person seeking to qualify by petition or as a write-in candidate, shall pay a filing fee