Case law

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

Harris and Company Advertising, Inc. v. Republic of Cuba

127 So. 2d 687 · District Court of Appeal of Florida · Mar 2, 1961

"`A study of the law of sovereign immunity reveals the existence of two conflicting concepts of sovereign immunity, each widely held and firmly established. … This shows clearly that such activity is not governmental in character.

Hewitt Contracting Co. v. Department of Transportation

20 Fla. Supp. 2d 265 · State of Florida Division of Administrative Hearings · Jan 28, 1986

This section does not establish a time period during which the certificate shall be revoked, and subsection (2)(d) above-quoted establishes the terms for reinstatement. … 272 This clearly indicates such immunity should carry over to these proceedings.

Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use v. Florigrown, LLC, a Florida limited liability company and Voice of Freedom, Inc., d/b/a Florigrown

District Court of Appeal of Florida · Jul 9, 2019

demonstrate [] that such registration would result in unsafe use of medical marijuana by qualifying patients. … The Medical Marijuana Amendment 2 provides immunity from criminal sanctions and civil liability for the medical use of marijuana, but only when it is used “in compliance with [the Amendment].” Art. X, § 29(a), Fla.

Smith v. Rainey

747 F. Supp. 2d 1327 · District Court, M.D. Florida · Sep 30, 2010

To establish a prima facie case under the ADA, the plaintiff must show: (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of a public entity … Even if a complaint contains adequate allegations establishing tort liability for a private person, under section 768.28, “discretionary policy-making or planning activities of governmental entities remain immune from tort

Miccosukee Tribe of Indians of Florida v. Lewis Tein, P.L.

227 So. 3d 656 · District Court of Appeal of Florida · Aug 9, 2017

Because neither exception to tribal immunity has been established in this case, we reverse the trial court’s denial of the Miccosukee Tribe’s motion to dismiss. … P. 9.130(a)(3)(C)(xi) (“Appeals to the district courts of appeal of non-final orders are limited to those that . . . determine . . . that, as a matter of law, a party is not entitled to qualified immunity.”).3 “The issue

Cohen-Ager, Inc. v. State

12 Fla. L. Weekly 836 · District Court of Appeal of Florida · Mar 24, 1987

Here the record reveals no similar facts that would qualify as a resulting trust. … Where a political subdivision of the state is immune from taxation the non-immune party to the transaction is still liable for the tax. See Rule 12B-402(3)(a), Florida Administrative Code.

Eldred v. North Broward Hosp. Dist.

11 Fla. L. Weekly 601 · Supreme Court of Florida · Nov 26, 1986

Golden, 56 So.2d 911 (Fla. 1952), which held that a legislatively-created special taxing district for a hospital in Suwannee County was not entitled to sovereign immunity because its established activities "fall more clearly … In our view, the legislature clearly intended the provisions of section 768.28(2) to include special taxing districts within the phrase "independent establishments of the state."

Espindola v. State

855 So. 2d 1281 · District Court of Appeal of Florida · Oct 22, 2003

This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. … , within 48 hours after establishing permanent or temporary residence in this state.

Purvis Ex Rel. Estate of Logan v. City of Orlando

273 F. Supp. 2d 1321 · District Court, M.D. Florida · Jul 29, 2003

CONCLUSION Because Plaintiff has not stated any constitutional violations, the Court is not obligated to discuss qualified immunity. … Second, Plaintiff must cite controlling authority 2 when arguing that Reeve objectively violated clearly established law. See id.

TREVOR DOOLEY v. STATE OF FLORIDA

268 So. 3d 880 · District Court of Appeal of Florida · Apr 3, 2019

who qualifies under either section 776.012(1) or 776.013(3). . . . .... … Section 776.012(1) provides another means of obtaining immunity for individuals who would not qualify for immunity under section 776.013(3).

Fong v. Forman

105 So. 3d 650 · District Court of Appeal of Florida · Jan 30, 2013

Judges enjoy absolute immunity for acts performed in the course of their judicial capacities unless they clearly act without jurisdiction. Id. at 83 . … We find Fuller to be directly on point and consistent with the established principle that a quasi-judicial official carrying out the directive of a judge is protected from suit by the doctrine of judicial immunity.

Latam Investments, LLC v. Holland & Knight, LLP

88 So. 3d 240 · District Court of Appeal of Florida · Oct 19, 2011

The Supreme Court also emphasized: It is well established that a federal court may consider collateral issues after an action is no longer pending.... … LatAm suggests that the Supreme Court might adopt Judge Warner’s dissenting opinion, which would grant only a qualified immunity in such situations. Id. at 8-13 .

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

256 So. 3d 907 · District Court of Appeal of Florida · Aug 16, 2018

In the Order on Evidentiary Hearing and Hearing on Summary Judgment Motion, the trial court found that the credible testimony clearly and convincingly established that deer dog hunting days invade and interfere with Appellees … continued, temporary actions of the same character may also qualify as a taking.”

Montanez v. State

24 So. 3d 799 · District Court of Appeal of Florida · Jan 6, 2010

Yet even assuming Montanez did establish irreparable harm that could not be remedied on postjudgment appeal, he has not established that the trial court departed from the essential requirements of the law. … There must be a violation of a clearly established principle of law resulting in a miscarriage of justice.” Housing Auth. of Tampa v. Burton, 874 So.2d 6, 8 (Fla. 2d DCA 2004) (citing Ivey v. Allstate Ins.

Reddish v. Smith

10 Fla. L. Weekly 195 · Supreme Court of Florida · Apr 4, 1985

Indian River County, 371 So.2d 1010 (Fla. 1979), could clearly be answered in the affirmative. … A prison warden does not have the authority to go outside the established channels to aid a prisoner with whom he has established a personal relationship.

Welsh v. Metropolitan Dade Cty.

366 So. 2d 518 · District Court of Appeal of Florida · Jan 23, 1979

I The first issue presented for review is whether the complaint herein was barred by the doctrine of sovereign immunity. Clearly, it was not. … This clearly means that the plaintiff must still plead and prove a recognized cause of action against the county under the state's established principles of tort law in order to recover.

Surette v. Galiardo

323 So. 2d 53 · District Court of Appeal of Florida · Nov 21, 1975

Our review of the present record does not reflect that the privileged character of the document was clearly established so as to bring the report within the protection recognized in Sligar v. Tucker, supra . … of the language contained in sec. 455.06, infra. [3] In this regard the facts are clearly distinguishable from the decision in Arnold v.

Ago

Florida Attorney General Reports · Apr 14, 1981

the administration of immunizing agents conflicts with his religious tenets or practices; or (b) A competent medical authority certifies in writing that the child should be exempt from the required immunication for medical … I also note that pertinent chapters of Title XXXI, `Regulation of Professions and Occupations,' indicate that the Legislature intended to establish comprehensive regulation of all `health care practitioners' within chs. 458

Woodard v. City of Gulfport

54 F. Supp. 2d 1305 · District Court, M.D. Florida · Jul 1, 1999

In his motion to dismiss, Defendant Wil-loeks raises the defense of qualified immunity. … Defendant Willoeks further asserts that an individual defendant is entitled to qualified immunity at this stage in the proceedings if Plaintiffs Complaint fails to allege the violation of a clearly established constitutional