Case law

City of Miami v. Wardlow

403 So. 2d 414 · Supreme Court of Florida · Jul 30, 1981

Nevertheless, the court concluded that Murphy's duties were "not sufficiently exalted to warrant absolute immunity." Id. at 978 . … Clearly it was within the scope of his duties to respond to the inquiries. While the communication at issue here was privately made, as distinguished from the situation in Barr v.

Exchange Bank of Polk County v. Christian (In Re Christian)

8 B.R. 816 · United States Bankruptcy Court, M.D. Florida · Jan 20, 1981

extent and if he can qualify under several, he is protected by each to the ex *819 tent he can qualify under each. … Accordingly, this Sub-clause furnishes no solace to the Bank and the Bank’s lien is not immunized from the Trustee’s attack under § 547 as a preferential transfer.

Welch v. THEODORIDES-BUSTLE

753 F. Supp. 2d 1223 · District Court, N.D. Florida · Nov 17, 2010

Moreover, under both the Driver’s Privacy Protection Act and § 1983, a defendant who is a public employee may invoke the defense of qualified immunity. … Compliance with state law sometimes affects the qualified-immunity analysis, but qualified immunity is a defense only to a damages claim, not to a claim for injunctive or declaratory relief.

Fassy v. Crowley

884 So. 2d 359 · District Court of Appeal of Florida · Sep 10, 2004

There must be a violation of a clearly established principle of law resulting in a miscarriage of justice. Combs v. State, 436 So.2d 93, 95-96 (Fla.1983). … The answer in this case is not clearly established. Dr.

Air Turbine Technology, Inc. v. Quarles & Brady, LLC, Quarles & Brady, LLP and Richard Horn

165 So. 3d 816 · District Court of Appeal of Florida · Jun 3, 2015

The dissent wrote that [t]he Florida cases, as the majority grudgingly admits, are strict with regard to what qualifies. . . . … Under the second prong of judgmental immunity, Horn had to establish he gave advice in good faith and made a diligent inquiry into Air Turbine’s potential exposure to Atlas Copco’s attorney’s fees.

Florida v. United States

133 F. Supp. 2d 1280 · District Court, N.D. Florida · Mar 2, 2001

(but would be subject to the possible defense of qualified immunity). 12 B. … Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995) (holding that where qualified immunity depends on disputed facts, an order denying summary judgment based on qualified immunity is not immediately appealable).

Tuveson v. FLORIDA GOVERNOR'S COUNCIL

11 Fla. L. Weekly 2004 · District Court of Appeal of Florida · Sep 18, 1986

.); (4) the FGCIA erroneously concluded that it was immune from suit by Tuveson; (5) the FGCIA erroneously concluded that Tuveson had not established a prima facie case of race discrimination; *792 and (6) the FGCIA erred … Looking to the fifth issue on appeal, the final order states that Tuveson failed to establish her prima facie case of discrimination by failing to show she was a member of a protected class and that she was better qualified

City of Live Oak v. Arnold

10 Fla. L. Weekly 1060 · District Court of Appeal of Florida · Apr 25, 1985

Hewiett determined that Long Street did not qualify as a "street" under the city's zoning and subdivision ordinances contained in the city code. … In order for the trier of fact to determine this issue, assuming the trial court finds liability can be established under the allegations of the complaint as presently framed ( Cf.

Davis v. City of Apopka

356 F. Supp. 3d 1366 · District Court, M.D. Florida · Dec 21, 2018

Second, the examination in Cozzi turned on the less stringent arguable probable cause standard and was a qualified immunity evaluation. … See id. at 1293 (noting that "an officer may be entitled to qualified immunity even if there was no actual probable cause for the arrest").

Hypower, Inc. v. STATE, DEPARTMENT OF TRANSPORTATION

839 So. 2d 856 · District Court of Appeal of Florida · Mar 10, 2003

Although there is a waiver of sovereign immunity in the instant case, it is not limited. Sovereign immunity is waived in the contracts context, not by statute, but by the fact of the contract itself. … However, the qualified acceptance letter from the FDOT to Hypower extended that limitations period to 853 days. See Hankey v.

Hathcock v. Cohen

547 F. Supp. 2d 1271 · District Court, S.D. Florida · Feb 29, 2008

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … right to qualified immunity.

Fridovich v. Fridovich

598 So. 2d 65 · Supreme Court of Florida · Apr 2, 1992

Moreover, we believe that a plaintiff's burden of proof for establishing a case under a qualified privilege would likely deter most frivolous suits. … In overcoming a qualified privilege, a plaintiff would have to establish by a preponderance of the evidence that the defamatory statements were false and uttered with common law express malice — i.e., that the defendant's

Pavolini v. Bird

769 So. 2d 410 · District Court of Appeal of Florida · Aug 30, 2000

We agree that the unique provisions of the pre-suit notice and investigation requirements of the Medical Malpractice Act (Act) which are not contained in the waiver of sovereign immunity statute clearly distinguish the decisions … There is no rule that all spouses and children of injured persons automatically qualify for a loss of consortium award or damages under 768.0415.

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

688 F. Supp. 1522 · District Court, S.D. Florida · Jun 10, 1988

It is Plaintiffs’ contention that the passage of this resolution is not a legislative act, but is rather an administrative act entitling the Defendants, at best, to a qualified immunity. … This resolution pronounces a general policy, the passage of which is clearly a legislative function entitling absolute legislative immunity to the councilmen and the mayor for the same reasons as stated above.

Mocio v. State

98 So. 3d 601 · District Court of Appeal of Florida · Jul 25, 2012

In order to resolve this question, we must determine whether the court violated “‘a clearly established principle of law resulting in a miscarriage of justice.’ ” Miami-Dade Cnty. v. … Accordingly, the circuit court violated a clearly established principle of law in determining that a writ of prohibition was not a proper remedy in this case.

Bailey v. Board of County Com'rs

659 So. 2d 295 · District Court of Appeal of Florida · Dec 20, 1994

With regard to the claim of several defendants for qualified immunity, [4] the court granted some defendants qualified immunity while denying it to others. … civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. [5] The district court recited further that under Monell , unless

Wolfe v. Foreman

128 So. 3d 67 · District Court of Appeal of Florida · Jul 17, 2013

Because the Florida Supreme Court has clearly and unambiguously stated, not once, but twice, that the litigation privilege applies to all causes of actions, and specifically articulated that its rationale for applying the … At trial, Olson presented physical evidence that established that he was six miles away purchasing items at a department store during the time the three women claimed he was stalking Johnson.

Van Ness v. Independent Const. Co.

392 So. 2d 1017 · District Court of Appeal of Florida · Jan 28, 1981

On the contrary, the general conditions clearly recite that the contractor "shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work … qualify as a "contractor" or "statutory employer".

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.

In Re Estate of Greenberg

390 So. 2d 40 · Supreme Court of Florida · Oct 30, 1980

Rather, the Court stated that it merely recognizes an established constitutional right and gives to that right no less protection than the constitution itself demands. … Performing the task of a personal representative does not rise to the level of a privilege or immunity bearing upon the vitality of the nation as a single entity.