Case law

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

Saunders v. State

208 So. 3d 99 · District Court of Appeal of Florida · Jan 11, 2017

“The ‘deliberately elicited’ standard is clearly satisfied when the police directly interrogate or question a de *102 fendant, but it also may be satisfied by less direct types of questioning.” Id. … See Peoples, 612 So.2d at 556, n.1 (holding that once police grant immunity and arrange for and conduct monitoring and taping of a defendant through an informant who voluntarily approached the police, the information is no

Proser v. Berger

132 So. 2d 439 · District Court of Appeal of Florida · Aug 10, 1961

Clearly, the act of the State Road Department and Broward County in appropriating the property was an unlawful act. … The effect of this court's remand and direction was to re-establish a decree in the sum of $21,000 in favor of the appellant.

Socarras v. Yaque

452 So. 2d 992 · District Court of Appeal of Florida · Jun 19, 1984

The evidence clearly reveals, by virtue of two checks in the sum of $500 each dated August 1, 1977 and September 10, 1977 paid to Riv-Arc Realty Company and drawn upon the joint account of Ernesto and Emma Yaque, that the … The Yaques wanted to remain in their apartment but were unable to qualify for a mortgage sufficient to pay the purchase price. They turned to the Socarrases.

Webster v. State

156 So. 2d 890 · District Court of Appeal of Florida · Oct 17, 1963

Moreover, the motion is so vague and indefinite as not to clearly indicate what the movant has in mind by the reference to "preliminary examination." … in transactions involving his constitutional rights, privileges and immunities, the presumption abides that he has waived the right to insist on such representation.

State v. Haas

433 So. 2d 1343 · District Court of Appeal of Florida · Jul 7, 1983

The record clearly reveals that the documents in question are blank checks, albeit not genuine. … As a blank form, it does not even qualify as a check because it has not been filled in nor purportedly signed.

State v. Ford

48 So. 3d 948 · District Court of Appeal of Florida · Dec 1, 2010

Id. at 1234. 1 In the instant action, the defendant clearly established that he requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, based on numerous reports in the record … detailing his history of mental illness, thus qualifying him for consideration of a downward departure under sec *951 tion 921.0026(2)(d).

Orhs v. Florida Birth-Related Neurological

997 So. 2d 426 · District Court of Appeal of Florida · Oct 31, 2008

If the infant's injury satisfies this statutory definition, the infant qualifies for financial benefits. Id.; see §§ 766.309, 766.31, Fla. Stat. (2004). … Clearly, Harper experienced a brain injury caused by oxygen deprivation and, therefore, the presumption applied.

ROBERT FREHLING v. PEDRO J. GARCIA, etc.

District Court of Appeal of Florida · Oct 4, 2023

We also reject the Frehlings’ argument that Florida law mandates retroactive application of the 2020 constitutional amendment, especially where the amendment clearly sets forth an effective date. … State, 286 So. 3d 177, 188 (Fla. 2019) (holding that a statute governing pretrial Stand Your Ground immunity hearings “applies to those immunity hearings, including in pending cases, that take place on or after the statute's

Comerica Bank v. SDI Operating Partners

673 So. 2d 163 · District Court of Appeal of Florida · May 15, 1996

Jackson, 598 So.2d 121 (Fla. 1st DCA 1992). [5] This is true even though the claims filing period of section 733.702 may be enlarged by the court when the required factual basis for doing so has been established. … Clearly, section 733.710 creates a self-executing, absolute immunity to claims filed for the first time, as here, more than 2 years after the death of the person whose estate is undergoing probate.

Perez v. State

453 So. 2d 173 · District Court of Appeal of Florida · Jul 20, 1984

Under these circumstances this statute, which is self-executing, granted use immunity to Delgado. Jenny v. State, 447 So.2d 1351 (Fla.1984). … However, on retrial, if the information alleges and the evidence establishes a battery, then a jury instruction on battery would be appropriate.

Jones v. DEPT. OF HEALTH & REHAB. SERVICES

661 So. 2d 1291 · District Court of Appeal of Florida · Nov 1, 1995

established he was HIV negative. … or adverse *1292 side effects would so qualify.

General Elec. v. DeCubas

11 Fla. L. Weekly 2503 · District Court of Appeal of Florida · Dec 2, 1986

Thus, she qualified as a "child," as defined in section 440.02(5), Florida Statutes, within the Workers' Compensation Act. … Employer-carrier also challenge the deputy commissioner's finding that Caroline qualifies as a dependent of Jose.

K.K. v. Taylor

703 So. 2d 1064 · District Court of Appeal of Florida · Feb 5, 1997

This interpretation is supported by case law forbidding, following a detention hearing, the continued confinement of juveniles in custody on pick-up orders who do not otherwise qualify for detention. J.L. v. … Even more alarming than the state’s reliance on a sentence from a form to legitimize confinement clearly proscribed by statute is the fact that in the case at bar the language “must be detained” had not even been checked

Morris v. State

909 So. 2d 428 · District Court of Appeal of Florida · Aug 19, 2005

At the hearing on this motion, defense counsel argued the statute of limitations had clearly expired on the aggravated battery and false imprisonment charges. … This court rejected the defendant’s argument, explaining: The record does suggest (although it does not conclusively establish) that the hearing participants were not aware that State immunity would extend to a federal prosecution

NYC CONSTRUCTION GROUP, INC. v. ANIEL JEROME and ERROL WILSON

District Court of Appeal of Florida · Feb 2, 2022

On appeal, NYC argues the trial court reversibly erred in denying the motion to vacate judgment as it clearly satisfied the elements for relief under rule 1.540(b). … Plaintiff does not contest that NYC established the elements necessary to obtain relief under rule 1.540(b).

Beal Bank, SSB v. Almand & Associates

710 So. 2d 608 · District Court of Appeal of Florida · Jun 5, 1998

The following excerpt from Madden makes it clear that the Almand accounts do not qualify as tenancies by the entireties: Where a deposit is made payable to either spouse, agency or authority exists by implication, and the … Hector Supply Co., 254 So.2d 777 (Fla.1971), and were thus immune from garnishment by a creditor of only the husband.

Town of Belleair v. Moran

244 So. 2d 532 · District Court of Appeal of Florida · Feb 19, 1971

It may be stated broadly that this immunity from judicial control embraces the exercise of all municipal powers, whether legislative or administrative, which are strictly discretionary." … In the case sub judice, the petition filed in the lower Court did not directly or clearly allege that any of the actions taken by the Town Commissioners was illegal vel non.

Treasure Chest Poker, LLC v. Department of Business and Professional Regulation

238 So. 3d 338 · District Court of Appeal of Florida · Jun 30, 2017

Holley, 59 So. 2d 636 (Fla. 1952): Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual … practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity

Malone v. City of Satellite Beach

717 So. 2d 1067 · District Court of Appeal of Florida · Aug 14, 1998

In response to the complaint, appellees filed a motion to dismiss which claimed absolute privilege for the defamatory remarks in the resolution on the ground that clearly and on its face, the City was acting in its official … legislative capacity and the City, as well as council members, were entitled to absolute immunity for their legislative activity, citing McNayr .