Case law

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Florida Attorney General Reports · Oct 18, 2002

no money from the corporation other than payments for the care provided to indigent county residents, and that the district provides no other governmental function. 4 In order for Indian River Memorial Hospital, Inc., to qualify … Clearly, in section 155.40 , Florida Statutes, the Legislature has expressed an intent to allow a governmental entity to lease a hospital to a private entity and, by the terms of the lease, expressly provide that the private

Dudley v. City of Tampa

912 So. 2d 322 · District Court of Appeal of Florida · May 13, 2005

Also at this time, the Mayor's Challenge Fund was established, a central component of which was to make money available to qualified individuals who were traditionally unable to buy homes. … Because Appellants have not established that the City had a statutory or common law duty to them based on the allegations in the third amended complaint, we need not reach the issue of whether sovereign immunity insulated

American Humanist Ass'n v. City of Ocala

127 F. Supp. 3d 1265 · District Court, M.D. Florida · Aug 31, 2015

qualified immunity analysis for the individual defendants. … Qualified immunity offers complete protection for individual government officials performing discretionary functions “insofar, as their conduct does not violate clearly established statutory or constitutional rights of which

MARY M. CAMERON, PH.D v. NICOLE A. JASTREMSKI, PH.D

246 So. 3d 385 · District Court of Appeal of Florida · Apr 25, 2018

We do not reach the issues of whether the complaint sufficiently states a claim for defamation or whether qualified immunity may apply. -2- Fifth District in Alfino v. … -6- appellee failed to establish a basis for dismissal on a motion to dismiss. Id.

Seminole Rock Products, Inc. v. Town of Medley

180 So. 2d 457 · Supreme Court of Florida · Nov 24, 1965

The meaning of subsection (5) of that amendment is clearly that existing general law applies, absent some express provision of the amendment to the contrary. … The basic statute relating to the establishment of municipalities was originally enacted in 1869 as chapter 1688.

Omar Ex Rel. Cannon v. Lindsey

328 F. Supp. 2d 1287 · District Court, M.D. Florida · Jul 30, 2004

Thus, the crucial fact Plaintiff must establish at trial, and this issue *1294 will be addressed when the Court examines the pending motions for summary-judgment on the ground of qualified immunity, is that Defendants exercised … Again, because the question of Defendants' intent is dispositive of the qualified immunity issue, the Court will examine Defendants’ state of mind when it addresses the pending qualified immunity motions. 6 .

Central Florida Psychological Consultants, Inc, and W. Steven Saunders v. Jon Comas

District Court of Appeal of Florida · May 8, 2026

“It occurs ‘only when there has been a violation of a clearly established principle . . . resulting in a miscarriage of justice.’” Id. (quoting Allstate Ins. Co. v. Kaklamanos, 843 So. 2d 885, 889 (Fla. 2003)). … Such a clearly established legal principle “can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.”

FL GAME AND FRESHWATER COM'N v. Dockery

676 So. 2d 471 · District Court of Appeal of Florida · Jun 11, 1996

In an opinion which sets forth the facts of this case in greater detail, this court concluded: The record reflects that the material facts concerning the availability of the qualified immunity defense are undisputed. … Since it appears the facts and circumstances known to the public officials were such that a person of reasonable caution would believe a crime was being committed, the motion for qualified immunity summary judgment should

In re Lesh

159 B.R. 982 · United States Bankruptcy Court, M.D. Florida · Oct 15, 1993

This Order was never appealed and became the final determination of the Debtor’s right to immunize his interest in the Plan from administration by the Trustee. … Subclause (a) deals with “clerical mistakes” which subclause is clearly not applicable in the present instance.

Stack v. State Farm Mut. Auto. Ins.

12 Fla. L. Weekly 845 · District Court of Appeal of Florida · Mar 24, 1987

The immunity of fellow employees is, significantly, qualified, and not absolute, in the sense that it is not available to an employee who causes injury to a fellow employee by a grossly negligent act. [1] Although the court … That factual question is clearly an issue for arbitration. [2] In summary we hold that (1) the police vehicle in which the plaintiff officer was a passenger when injured was an uninsured motor vehicle within the context of

City of Key West v. Florida Keys Community College

81 So. 3d 494 · District Court of Appeal of Florida · Jan 18, 2012

Nonetheless, after establishing the stormwater utility, the City billed the College for storm-water utility services. … Although these broad subjects are clearly related on certain levels, the statutory provisions of these Chapters are not interchangeable.

ECHEVARRIA, McCALLA, RAYMER v. Cole

950 So. 2d 380 · Supreme Court of Florida · Feb 1, 2007

In that case, involving a libel suit based on statements contained in a complaint, this Court established a qualified litigation privilege, requiring that the alleged defamatory statements be relevant to the judicial proceeding … Notably, our holding was without qualification as to the nature of the judicial proceedings, whether based on common law, statutory authority, or otherwise. [2] Levin plainly establishes that "[t]he rationale behind the immunity

Kac 2021-1, LLC, as Assignee for Johnny Smith v. American Homes 4 Rent Properties One, L L C

District Court of Appeal of Florida · Oct 30, 2024

A qualified privilege requires the plaintiff to prove express malice. Id. at 1220 (emphasis added). … The amended complaint clearly demonstrates the privilege's existence, and the amended complaint was properly dismissed at this stage in the proceedings.

State v. Chadroff

234 So. 2d 412 · District Court of Appeal of Florida · Apr 20, 1970

In the caption of the waivers of immunity, it clearly stated that the defendant was voluntarily appearing. … Clearly, the defendant was not in custody, was not under compulsion, and was informed in clear, specific and unambiguous language that he was voluntarily appearing and waiving his rights to any immunity under the Constitution

Huhn v. Dixie Ins. Co.

453 So. 2d 70 · District Court of Appeal of Florida · May 17, 1984

Modlin attempted to establish a new standard for liability by applying a brightline general duty/special duty test. … a broad, but qualified, scale.

Watkins v. Officer David Session

District Court, S.D. Florida · Nov 7, 2022

To overcome the qualified-immunity defense, a plaintiff must demonstrate that the official deprived him of a constitutional right that was “clearly established” when the alleged offense occurred. See Saucier v. … For purposes of qualified immunity in this District, only decisions of the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law. See McClish v.

Oniasse v. Hernandez

352 F. Supp. 3d 1186 · District Court, M.D. Florida · Dec 3, 2018

"clearly established statutory or constitutional rights of which a reasonable person would have known." … Viewing the facts in Pastor Oniasse's favor, the Court concludes that Deputy Hernandez is not entitled to qualified immunity for the false arrest/detention claim but is entitled to qualified immunity for the excessive force

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803 · District Court of Appeal of Florida · Apr 27, 2012

(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. … Because the NICA Plan provides limited remedies as a statutory substitute for common law rights and liabilities, this Court has held that the NICA statute “should be strictly construed to include *811 only those subjects clearly

Dartland v. Metropolitan Dade County

760 F. Supp. 196 · District Court, S.D. Florida · Mar 29, 1991

Pereira previously filed a motion for summary judgment on the basis of qualified immunity. This Court denied Pereira’s motion. Dartland v. Metropolitan Dade County, 681 F.Supp. 1539 (S.D.Fla.1988). … The Court of Appeals reasoned that Pereira’s discharge of Dartland did not clearly violate Dartland’s First Amendment rights, and thus Pereira was entitled to qualified immunity.

Pondella Hall for Hire, Inc. v. Lámar

866 So. 2d 719 · District Court of Appeal of Florida · Jan 2, 2004

Lamar alleged various grounds for dismissing Pondella's counterclaims, including: (1) prosecutorial immunity, (2) qualified immunity, (3) sovereign immunity, (4) laches, (5) insufficient pleadings and (6) statutory bars. … This pleading is insufficient to establish that the State took the leases.