Case law

Doig v. FLORIDA UNEMPLOYMENT APPEALS COM'N

862 So. 2d 76 · District Court of Appeal of Florida · Nov 13, 2003

The claimant filed an initial claim for benefits effective March 4, 2001, which established a weekly benefits [sic] of $175. … Appellant, clearly entitled to benefits because of the termination of her full-time employment, accepted a part-time job to try to make ends meet.

Santiago v. State

147 So. 3d 1057 · District Court of Appeal of Florida · Sep 10, 2014

Santiago qualified as a habitual violent felony offender; and (2) his sentence was vindictive. … This clearly did not benefit Santiago as required by Rule 3.800(b). Second, the original June 30th sentence was not a scrivener’s error that could be corrected by a Rule 3.800(b) motion.

Torres v. Sarasota County Public Hospital Board

961 So. 2d 340 · District Court of Appeal of Florida · Apr 13, 2007

the only reason to administer Rh immune globulin is for the protection of future children. … Rh immune globulin is given to Rh-negative women after pregnancies in which they carried Rh-positive babies to prevent the mother's immune system from reacting to the Rh-positive blood of any subsequent child.

Haugland v. State

374 So. 2d 1026 · District Court of Appeal of Florida · Jul 31, 1979

The evidence clearly establishes that the Marriott Corporation is the fee title owner of the Marriott Hotel located at the above address in Miami, Florida, that said corporation rented room 718 of the Marriott Hotel to Mr … The state here incorrectly laid the ownership of the burglarized premises solely in the landlord fee-title owner when the proof at trial clearly established that such owner as pled was not in possession of such premises at

Martin v. State

936 So. 2d 1190 · District Court of Appeal of Florida · Aug 30, 2006

Thus, section 90.803(6) clearly includes the FDLE laboratory report. In Johnson v. … The majority holds that the FDLE report does not qualify as a business record simply because its production is triggered by an arrest.

Landers v. Sherwin

261 So. 2d 542 · District Court of Appeal of Florida · Apr 7, 1972

Appellee’s father clearly breached his agreement, and without question, appellee as a third party beneficiary had a cause of action for her damages. … If the plaintiff can establish entitlement to a constructive trust, the statute is not applicable under the holding of the Hodges case, supra.

Jones v. Smith

278 So. 2d 339 · District Court of Appeal of Florida · May 15, 1973

As well said by Judge Cooley, "The right to one's person may be said to be a right of complete immunity to be let alone."'" (Emphasis added.) See also specially concurring opinion of Mr. Justice Ervin in Walsingham v. … Whether the appellant was required by law to provide support or whether as a moral obligation he undertook to do so does not serve as a basis upon which to establish a "contractual agreement" of such legal and enforceable

Driver's Dispatch, Inc. v. Florida Railroad & Public Utilities Commission

166 So. 2d 899 · District Court of Appeal of Florida · Jul 7, 1964

The truck lessor knows that his vehicle is being leased to a shipper for a one-way haul and makes certain that the driver employed is qualified. … We reject, as did the chancellor, an argument of appellants that the evidence was insufficient to establish the condition found to exist as set out by the chancellor and that his ruling was in contravention of prior decisions

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.

Alachua County Board of County Commissioners, and Alachua County Supervisor of Elections v. Perry, Hord

District Court of Appeal of Florida · Oct 15, 2025

The amendment, if approved, was to change section 2.2 of the Alachua County Home Rule Charter from providing that “[t]here shall be one (1) commissioner for each of five (5) county commission districts established pursuant … Subsection (9) clearly applies when a referendum is proposing a switch from at- large voting to single-member districts, not the other way around.

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.

Gardner v. State

194 So. 3d 385 · District Court of Appeal of Florida · Mar 23, 2016

It was clearly in her best interest not to make incriminating statements in case she -9- eventually won her appeal and was entitled to a new trial. … See, e.g., Bearden, 161 So. 3d at 1265 n.3 ("Chambers does not necessarily establish an immutable checklist of four requirements.

JAMES W. YOUNG, JR. v. MARY STRUNK KOPCHAK

District Court of Appeal of Florida · Aug 16, 2023

As such, Kopchak’s post is not afforded immunity under the litigation privilege pertaining to the business lawsuit. … While it is possible the funeral home and its eventual ownership might have some importance to the public, or at least the local community, the public’s interest in the matter or its outcome was not established in the record

Infinity Home Care, L.L.C. and Sylvie Forjet v. Amedisys Holding, LLC

180 So. 3d 1060 · District Court of Appeal of Florida · Nov 18, 2015

Valuable confidential business or professional information that otherwise does not qualify as trade secrets. 3. … Section 542.335, however, clearly states that the legitimate business interests listed in the statute are not exclusive.

Viking Superior Corporation v. WT Grant Company

212 So. 2d 331 · District Court of Appeal of Florida · Jul 16, 1968

In support of its motion Viking submitted an affidavit executed by its president which averred that Viking is a New York corporation engaged in business in that state; that it is not qualified to do business nor has it in … Even though affidavits may be used to establish necessary facts which are de hors the record, nevertheless they should be used as sparingly as possible.

State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.

236 So. 3d 466 · District Court of Appeal of Florida · Jan 1, 2018

economic harm due to the dilution of trauma patients, increased difficulty in hiring qualified trauma staff due to competition, increased difficulty in maintaining qualified trauma staff due to the decrease in trauma patient … interpretation is also reviewed de novo, and an agency’s interpretation of a statute it is charged with administering is 7 generally entitled to greater deference and will be upheld unless clearly

Asset Recovery Group v. Wright

271 So. 3d 1088 · District Court of Appeal of Florida · Feb 13, 2019

The order of appointment contained a judicial immunity provision providing, among other things, that the Receiver and the Receiver’s attorneys and agents: (1) “shall not be held liable to anyone for their own good faith … This Court, in Desulme, required a heightened level of pleading when a plaintiff, without obtaining leave of the appointing court, seeks to hold a receiver liable for tort damages: the face of the complaint must clearly

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

M.D.C. v. B.N.M.J.

117 So. 3d 489 · District Court of Appeal of Florida · Jul 24, 2013

Here, B.N.M.J. is clearly eligible for adoption. M.D.C. is not precluded from seeking to adopt B.N.M.J. because he previously terminated his parental rights to her. Stefanos v. … M.D.C. appears, however, at least facially, to qualify as a person who may adopt under the plain language of section 63.042(2)(c)2.

DIV. OF ADMIN., ETC. v. Lake of the Woods, Inc.

404 So. 2d 186 · District Court of Appeal of Florida · Sep 30, 1981

First, the Department of Transportation maintains that the restaurant did not qualify as an "established business" under the aforementioned statute. … We conclude from these facts that appellee clearly did not purchase an "established business".