Case law

MFC Partnership v. Foster

6 Va. Cir. 349 · Circuit Court of the 20th Judicial Circuit of Florida, Lee County · Jul 16, 1986

And we have specifically held that the latter do not enjoy governmental immunity and are answerable for their own acts of simple negligence." This same distinction was clearly drawn by the Court in Short v. … Thus, to determine whether no immunity exits or whether a qualified immunity may exist, the employee must first be classified as state or local in those cases involving simple negligence.

Ocean Products, Inc. v. Schleman

23 Fla. Supp. 198 · Circuit Court of the 13th Judicial Circuit of Florida, Hillsborough County · Sep 4, 1964

Sparkman, 99 So. 2d. 571 (Fla. 1958), the Supreme Court of Florida clearly held that land owned by Hillsborough County was immune from taxation. … Doss, 46 So. 2d. 888 (Fla. 1950), the tax imposed can clearly be sustained on such basis. See also Riviera Club v. Belle Mead Development Corp., 141 Fla. 538 , 194 So. 783 , (1939), and State Road Department v.

Pettegrove v. Department of Health & Rehabilitative Services

2 Fla. Supp. 2d 4 · Circuit Court for the Judicial Circuits of Florida · May 11, 1981

The sole issue raised by the movant (Defendant) is whether their complaint establishes a waiver of sovereign immunity. The question is easier to ask than to answer. … The Court concluded the action by the state attorney qualifies as a discretionary governmental function which the sovereign immunity statute does not waive by answering the Commercial Carrier test question affirmatively and

Cooke v. State Department of Transportation

34 Fla. Supp. 190 · Circuit Court of the 2nd Judicial Circuit of Florida, Leon County · Nov 13, 1970

Had the repeal been immediate the contention of defendant would be more persuasive, but the legislature’s deferred action clearly indicates that no cut-off date of the court’s jurisdiction to hear the claims arising within … The legislature did not intend such an absurdity but only intended to establish a deadline for the state’s liability based upon the time of occurrence of the tort.

State v. Creekmore

8 Fla. Supp. 189 · Circuit Court of the 4th Judicial Circuit of Florida, Duval County · Jan 24, 1956

In that case the judges, in response to questions by the House of Lords, said — “... to establish a defense on the ground of insanity, it must be clearly proved- that at the time of the committing of the act, the party accused … In the face of this established law, chapter 29881 provides that a person who is neither legally or medically insane, but simply a criminal sexual psychopathic person under the statutory definition of same, shall be immune

Kelly v. McNayr

21 Fla. Supp. 185 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Jul 18, 1963

Privileged communications or publications are of two kinds — (a) absolute, and (b) conditional or qualified. … When qualified, however, the plaintiff may recover if he shows that it was actuated by malice. *187 “Absolute privilege” is defined in 33 Am.

Continental Developers & Conversions, Inc. v. Department of Revenue

17 Fla. Supp. 2d 8 · Circuit Court for the Judicial Circuits of Florida · Feb 19, 1986

In contrast to the facts in the Wanda case, the joint stipulation of facts in the case before this Court establishes that the “Windsong’s Lady” never came to rest in Florida. … The affidavits established clearly and unequivocally that no one used the vessel “for business and pleasure purposes in Florida waters” or operated the vessel from a dock as its “situs in Florida” as was found in the case

National Electrical Contractors Ass'n Northeast Florida Chapter v. Construction Trades Qualifying Board

43 Fla. Supp. 2d 104 · Circuit Court for the Judicial Circuits of Florida · Mar 8, 1990

This is an appeal from the Construction Trades Qualifying Board (Board) of the City of Jacksonville, Florida. The Board was established by Chapter 62 of the Jacksonville Municipal Code. … For the reasons foregoing, the action of the Construction Trades Qualifying Board is hereby AFFIRMED.

In re O'Neill

9 Fla. Supp. 153 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Jul 20, 1956

Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime”; is part of Section 2 of Article IV of the Federal Constitution, and it immediately follows and thus qualifies … the opening sentence of that section which guarantees to the citizens of each State all the privileges and immunities of citizens in the several States.

Bell v. Seaboard Coast Line R.R.

31 Fla. Supp. 129 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Nov 15, 1968

Mayfield, 340 U.S. 1 , 95 L.Ed. 3 (1950), where the court said a contrary result would constitute a violation of the privileges and immunities clause (article IV, section 2, U. S. constitution). … Finally, the court would note that Florida Statute 613.02 limits foreign corporations who qualified to do business in this state “to the same rights, powers and privileges” as Florida corporations.

Pope v. Banyan Tree Village Condominium Ass'n

3 Fla. Supp. 2d 178 · Circuit Court for the Judicial Circuits of Florida · Jun 1, 1982

The evidence code seems to clearly contemplate hospital records being admitted under the business records exception. … Plaintiff is evidently asserting, although not clearly, that pursuant to this paragraph a person performing the blood test must be qualified as an expert and only then may his testimony concerning the blood test results be

State v. Dade County

21 Fla. Supp. 76 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Jun 13, 1963

The purpose of mandamus is not to establish a legal right, but to enforce a legal right that has already been clearly established. State ex rel. Glynn v. McNayr, 18 Fla. Supp. 102 (1961), 133 So.2d 312 (Fla. 1961). … App. 1958, 101 So.2d 583 — # “Unless the relator clearly demonstrated an abuse of discretion by the Board as to its findings concerning his examination grade, he could not establish a clear legal right to the relief sought

Miami Board of Realtors v. Tax Assessor

34 Fla. Supp. 181 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Nov 4, 1970

The plaintiffs are to be commended for their sincere service in compiling infor *184 mation which has clearly revealed inadequacies in the tax assessing procedures and results. … possible to obtain market sales surveys which may be directly utilized in adjusting inequities, discrepancies and lack of uniformity in assessment values and can and should be constantly employed by the taxing authorities to immunize

Central Telephone Co. v. Century Construction Corp.

49 Fla. Supp. 48 · Circuit Court of the 2nd Judicial Circuit of Florida, Leon County · Sep 29, 1978

However, such acceptance cannot relate back to immunize Century from liability for all costs associated with construction of the road and entrance way. … The burden of establishing these costs is, of course, to be borne by Centel.

Streets v. Collins

8 Fla. Supp. 129 · Circuit Court of the 2nd Judicial Circuit of Florida, Leon County · Jan 10, 1956

With these presumptions clearly ini mind, a study of the quoted sections will lead to the correct conclusion. … If the premise is established, the conclusion might follow. But the premise is not established.

Carroll v. Florida Publishing Co.

25 Fla. Supp. 7 · Circuit Court of the 4th Judicial Circuit of Florida, Duval County · Sep 23, 1964

Any contention to the contrary is clearly without merit and no further discussion will here be devoted thereto. Definition Libel is defined in 20 Fla. … the city police force, it can hardly be said that he was necessarily speaking rashly when he made the statement which has given rise to this controversy. “*** an opinion or inference from facts assumed to be true [are] immune

State v. Yenzer

23 Fla. Supp. 154 · Circuit Court of the 2nd Judicial Circuit of Florida, Leon County · Sep 17, 1964

Chillingworth, in exchange for immunity against his prosecution for either of said murders, and in exchange for immunity against his prosecution for the Lew Gene Harvey murder; that pursuant to such agreement, Lincoln was … On the other hand, the alleged information furnished by each was furnished long before the reward was established by virtue of the enactment of chapter 57-620, supra.

Providence Venture, Inc. v. Hillsborough County

47 Fla. Supp. 2d 180 · Circuit Court for the Judicial Circuits of Florida · Apr 8, 1991

Also, PROVIDENCE has not clearly alleged that the COUNTY committed to a particular sum in the agreement. … Sovereign Immunity The COUNTY asserts that sovereign immunity precludes estoppel and quantum meruit actions against the COUNTY and that sovereign immunity was not waived in this case.

LaBella v. North American Co. for Life & Health Insurance

3 Fla. Supp. 2d 48 · Circuit Court for the Judicial Circuits of Florida · Apr 1, 1983

His testimony clearly reveals that the plaintiff is now qualified for immediate placement or on the job training in hundreds of jobs, many of which have salaries reasonably comparable to the plaintiff’s income at the time … The plaintiff failed to establish that his alleged inability to work is “due to injury or sickness.”

Schindler v. Metropolitan Dade County

16 Fla. Supp. 2d 83 · Miami-Dade County Court · Feb 21, 1986

The records clearly show a high likelihood of the harm since the premises are located in a poverty stricken, high crime area where burglaries are common. … The record also established high likelihood that the loss would be extensive. The vandals would have ample opportunity to gut the premises which in fact they did.