Case law

Bergh v. Bergh

127 So. 2d 481 · District Court of Appeal of Florida · Mar 7, 1961

The conveyance implies a gift and the husband, who testified at length, does not qualify or contradict the strong presumption that it was a gift. … While I have no doubt as to the professional ability of the special master herein, I am not personally acquainted with it and therefore am not qualified to pass on that subject.

Franklin Pond, Inc. v. Ricci

979 So. 2d 386 · District Court of Appeal of Florida · Apr 18, 2008

Dougherty, in a § 1031 exchange, property is sold and the proceeds are placed in escrow with a "qualified intermediary." … Dougherty is clearly insufficient to establish that Mrs. Ricci had authorized Mr. Ricci to agree to materially different terms on her behalf.

Steinhardt v. State, Department of Administration, Division of Retirement

318 So. 2d 562 · District Court of Appeal of Florida · Sep 5, 1975

Rule 22B-1.04A. provides that the administrator may establish “procedures” by which teachers may transfer to FRS. … We do not regard the substantive requirement that one actually perform services after the date of his transfer in order to qualify for FRS membership as a “procedure.”

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

State v. Eshuk

347 So. 2d 704 · District Court of Appeal of Florida · Jun 14, 1977

Clearly that incident did not represent any governmental action taken for the purpose of obtaining a conviction of Eshuk for the prior offense. … Therefore, I did not deem it necessary to pay him at this time until I could establish his real credibility”.

Wise v. DEPT. OF MGMT. SERVS., DIV. OF RET.

930 So. 2d 867 · District Court of Appeal of Florida · Jun 23, 2006

Wise's employment in the contested period was classified as "temporary employment," rendering it not qualified for earning retirement credit because the FVS position was not a "regularly established position." Mrs. … Wise] she was filling a temporary position that did not qualify as a regularly established position in the FRS. None of the documents use the term "temporary" or "temporary position."

Grant v. Brown

429 So. 2d 1229 · District Court of Appeal of Florida · Mar 16, 1983

He was driving within the speed limit, and at the intersection of U.S. 441 and Boardman Road, near McIntosh in Marion County, he clearly had the right of way. … Brown established the test was scientific, reliable, done by qualified technicians with proper equipment, and interpreted by an expert. [1] The blood tests in this case were unquestionably admissible as part of Grant's hospital

City of Bartow v. Brewer

896 So. 2d 931 · District Court of Appeal of Florida · Mar 4, 2005

We do not address issues not clearly set out in the issues on appeal.") (quoting Singer v. Borbua, 497 So.2d 279, 281 (Fla. 3d DCA 1986)); Lester v. … Brewer. [3] Section 440.13(2)(c), Florida Statutes, does not authorize the JCC to order treatment with a specific physician, where the E/C promptly offers qualified alternatives. See § 440.13(2)(c), Fla. Stat.; Shea v.

Florida Public Employees Council 79 v. Public Emp. Relations Comm'n

871 So. 2d 270 · District Court of Appeal of Florida · Mar 22, 2004

The board of governors shall establish the powers and duties of the boards of trustees. … Prior decisions by PERC clearly demonstrate that it has recognized as much. See, e.g., Communication Workers of Am. v. Gainesville Hous.

School Bd. of Leon County v. Hargis

400 So. 2d 103 · District Court of Appeal of Florida · Jun 16, 1981

The plaintiff has the initial burden of establishing a prima facie case by showing 1) that she belongs to a racial minority; 2) that she applied and was qualified for the job for which the employer was seeking applicants; … When the burden shifts initially after plaintiff establishes a prima facie case, the employer need not prove that it was actually motivated by articulated non-discriminatory reasons or that the hired applicant was more qualified

Brooks v. State

992 So. 2d 335 · District Court of Appeal of Florida · Oct 1, 2008

Clearly, what the trial judge should have done is to sustain the objection and instruct the jury to disregard the statement. … The Court stated: Offering into evidence anything beyond what is necessary to establish the defendant's legal status as a convicted felon is irrelevant....

State Farm Florida Insurance Co. v. Puig

62 So. 3d 23 · District Court of Appeal of Florida · Mar 23, 2011

In December 2006, the Puigs commenced an action for declaratory judgment seeking to establish entitlement to a larger payout. … First, they have different sources — work product immunity is governed by rule and is designed to facilitate litigation.

Nettles v. State

409 So. 2d 85 · District Court of Appeal of Florida · Jan 18, 1982

The Seventh Circuit, in the Townsend and Clark cases, found that the evidence still is not sufficient to establish a lack of impartiality. … Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 , which extended the Miranda rule so as to preclude further police questioning after the accused clearly asserts his right to counsel.

Loxahatchee Ecd v. Sch. Bd. Palm Beach Cty.

496 So. 2d 930 · District Court of Appeal of Florida · Oct 29, 1986

established at a cost. … The service availability standby charge can be characterized as a charge for an intangible service for which there is no clearly established cost.

Linafelt v. BEVERLY ENTERPRISES-FL., INC.

745 So. 2d 386 · District Court of Appeal of Florida · Oct 12, 1999

Defamation Claim Prior to 1990, employers had a common law qualified privilege to discuss former employees with prospective employers without liability. See, e.g., Nodar v. Galbreath, 462 So.2d 803 (Fla.1984); Boehm v. … The unemployment hearing further establishes her level of knowledge concerning the incident, and appellant should be able to use this evidence in establishing whether or not the statements were made to deliberately mislead

Williams v. State

10 Fla. L. Weekly 1124 · District Court of Appeal of Florida · May 7, 1985

Warniment's testimony on direct and established that the weapon may well have been manufactured after 1918. … There is language in the Wright opinion to the effect that the state, in order to defeat a motion for judgment of acquittal based on an affirmative defense clearly established by competent evidence, must disprove the existence

N.W. v. Department of Children & Families

184 So. 3d 1179 · District Court of Appeal of Florida · Dec 18, 2015

Halligan, 344 So. 2d at 243 (holding that immunity from tort claims effectuated a substantive change in worker's compensation statute and observing that "[b]urden of proof requirements are procedural in nature . . . . … The nexus requirement that the 2014 amendment eliminates clearly refers to a substantive element of a claim.

Ybor III, Ltd. v. FLA. HOUSING FIN. CORP.

843 So. 2d 344 · District Court of Appeal of Florida · Apr 23, 2003

Appellee's Statutory Mandate Appellee's mandate is clearly set out in Chapter 420, Florida Statutes. … In exchange for Appellee financing, developers enter long-term agreements with the agency restricting the rents that can be charged to qualified low-income residents.

Bostic v. State

902 So. 2d 225 · District Court of Appeal of Florida · May 13, 2005

However, in order to establish a prima facie case, the State needed to establish that the rifle which the defendant possessed was a "firearm," as that term is defined in the Florida Statutes. … This literal requirement of the statute exalts form over substance to the detriment of public policy, and such a result is clearly absurd.

O'Connor v. Dept. of Pro. Regulation, Const. Industry Licensing Bd.

566 So. 2d 549 · District Court of Appeal of Florida · Aug 10, 1990

O'Connor is not the owner of Residential, he is the "qualifying agent" for the company. [2] A qualifying agent is described as: [A] person who possesses the requisite skill, knowledge, and experience, and has the responsibility … At the hearing, it was established that the three problems observed by the inspector had existed with the old system.