Case law

Dept. of Rev. v. City of Gainesville

859 So. 2d 595 · District Court of Appeal of Florida · Nov 26, 2003

The constitutional language clearly requires the use be for a public or municipal purpose before it qualifies for the exemption. … At least in tax exemption cases, however, it has been clearly established that the "governmental-governmental" public purpose standard governs. Id. at 250-51 (footnotes omitted).

Good Samaritan Hosp. Ass'n, Inc. v. Simon

370 So. 2d 1174 · District Court of Appeal of Florida · Feb 14, 1979

Here, the legislature clearly intended to allow actions such as that filed by respondent. … Clearly, one of the broad purposes of Section 768.40 was to establish a high quality of health care in Florida by encouraging the formation of medical review committees to monitor the performance of physicians and other health

In re Grand Jury Proceedings

73 F.R.D. 647 · District Court, M.D. Florida · Feb 18, 1977

Consequently, the motion to quash the three subpoenas duces tecum on the ground of Fifth Amendment immunity must be denied. 2. … It is a qualified privilege of immunity from discovery during litigation. Duplan Corp. v. Deering Milliken, Inc., 61 F.R.D. 127, 130 (D.S.C.1973); Arney v. Geo. A. Hormel & Co., 53 F.R.D. 179, 180-81 (D.Minn.1971).

Harrison v. Escambia County School Bd.

419 So. 2d 640 · District Court of Appeal of Florida · Jun 23, 1982

Finally, although the public body's decision to take certain action may have been made at the planning level, and therefore immune, Johnson clearly states that the attachment of immunity to the original decision does not … be placed on notice, either actually or constructively, of a change in conditions is analogous to the rule that long antedated the enactment of the qualified waiver of sovereign immunity in Florida as to municipalities that

Aguilera v. Inservices, Inc.

905 So. 2d 84 · Supreme Court of Florida · Jun 16, 2005

At this time, the insurance carrier actually had within its possession medical documentation which both demonstrated the falsity of its position and clearly established the medical necessity for the care. … Here, Aguilera clearly alleged a pattern of intentional, outrageous and harmful conduct that would serve to establish the existence of an independent tort.

Gerth v. Wilson

774 So. 2d 5 · District Court of Appeal of Florida · Oct 11, 2000

The court reversed a summary judgment granting immunity and clearly stated that the "intentional tort exception includes an objective standard to measure whether the employer engaged in conduct which was substantially certain … This decision appears to be in conformance with the legislative intent embodied in the adoption of section 440.11(1), which establishes an objective standard for judging workers' compensation immunity.

Arko Plumbing Corp. v. Rudd

230 So. 3d 520 · District Court of Appeal of Florida · Oct 18, 2017

Under Florida’s absolute litigation privilege, a defendant can slander the plaintiff and lie to her and the court, and still be absolutely immune from a later lawsuit for defamation, tortious interference with a business … against Arko, who lied under oath, had a knowable drug problem, and was paid for his testimony, was circumstantial evidence of express malice. 16  Express malice “may be established

Taylor v. School Bd. of Brevard County

29 Fla. L. Weekly Supp. 421 · Supreme Court of Florida · Aug 19, 2004

Clearly, this unrelated works exception to the rule of general immunity applies only in the co-employees context, and application of the provision does not result in the loss of general immunity by an employer other than … The First District did not discuss that the unrelated works exception to workers' compensation immunity applies strictly to co-employees and does not impact a private employer's immunity established pursuant to the general

Dunbar v. State

37 Fla. L. Weekly Supp. 329 · Supreme Court of Florida · May 3, 2012

The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. … Cotton, 769 So.2d 345, 349 (Fla.2000) ("[P]ursuant to that statute, trial judges have the discretion not to sentence a qualifying defendant as a habitual felony offender.’’).

M.S. v. Nova Southeastern University Inc.

881 So. 2d 614 · District Court of Appeal of Florida · Jul 21, 2004

In addition, the evidence established that. Coastal hired and paid the salaries of the physicians. … Plaintiffs and the School Board argue that this provision clearly indicates that the parties did not intend for Nova to act as an agent of the School Board.

Jerelds v. City of Orlando

194 F. Supp. 2d 1305 · District Court, M.D. Florida · Mar 27, 2002

It is well-settled that a municipal official performing a discretionary function enjoys qualified immunity from civil liability if his conduct violates no clearly established right of which a reasonable person would have … Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal rights alleged to have been violated were clearly established rights. See Barts v.

Ago

Florida Attorney General Reports · Nov 1, 1974

Dedication, as well as reservations and reversions of streets, park areas, etc., to property owners may be made by plats duly recorded and any such plats, if otherwise qualified, are entitled to be recorded. … Ownership by the county is necessary to obtain this immunity, however. See AGO 073-257.

3-M Elec. Corp. v. Vigoa

369 So. 2d 405 · District Court of Appeal of Florida · Apr 3, 1979

The allegations of the said counterclaim constitute an attempt to establish a right to contribution from the appellees/plaintiffs in a tort action. Mr. and Mrs. … Moore, 330 So.2d 546 (Fla. 1st DCA 1976). [5] In fact, the interspousal immunity doctrine clearly remains viable as well. Blanton v. Blanton, 354 So.2d 430 (Fla. 4th DCA 1978).

Hoskins v. Metzger

102 So. 3d 752 · District Court of Appeal of Florida · Dec 19, 2012

The motion argues that there is no cause of action due to this immunity, but it appears to us that immunity is actually an affirmative defense. See Fariello v. … Metzger may qualify to testify as an expert at trial, but we are not entirely convinced that he qualifies as a professional for tort liability.

Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services

164 F.R.D. 257 · District Court, N.D. Florida · Nov 30, 1995

At issue was the immunity of legislators from suit. Similarly, Schlitz v. Com. of Va., 854 F.2d 43 (4th Cir.1988) 3 also involved a question of legislative immunity from suit. The same is true of Orange v. … But that is an immunity flowing from the absolute immunity from suit conferred by Tenney . It is not an evidentiary privilege. Moreover, that is not the case at bar, since Plaintiffs do not sue legislators.

Nocco, Sheriff of Pasco County v. Wilcox

District Court of Appeal of Florida · Jun 6, 2025

Claims for negligent training are barred by sovereign immunity when they involve "decision[s] regarding how to train . . . officers and what subject matter to include in the training" because those are "clearly an exercise … the Sheriff had an established policy in place such that the timeliness of the deputy's training is an operational function.

TRIANON PARK CONDOMINIUM ASSOC., INC. v. City of Hialeah

423 So. 2d 911 · District Court of Appeal of Florida · Jan 11, 1983

The City's appeal addresses the issue of the scope of sovereign immunity of a municipality. … Similarly, we find that the City's enforcement of the established Code standards is a purely ministerial action which does not rise to the status of basic policy evaluation since the majority of the inspectors' acts involve

Pilieci v. State

991 So. 2d 883 · District Court of Appeal of Florida · Apr 9, 2008

We are not willing to do so."). [12] Some courts have compared the analysis of this objective standard to the analysis utilized in cases under 42 U.S.C. § 1983 involving the affirmative defense of qualified immunity. … The good faith standard for purposes of qualified immunity exists to prevent monetary judgments from being entered against good police officers who make understandable mistakes.

Ex parte Davidson

76 Fla. 272 · Supreme Court of Florida · Aug 13, 1918

Authority for municipal action should clearly appear. … immunity necessarily implied therefrom, and any power, privilege or immunity given cities under the general laws of Florida, by express provision or necessary implication, not in conflict with the provisions of this Act.”

Mora v. South Broward Hosp. Dist.

710 So. 2d 633 · District Court of Appeal of Florida · Apr 1, 1998

Clearly, chapter 415, part 1, does not explicitly provide individuals with a private cause of action against those violating the reporting requirement. … We recognize that the immunity provision contained in § 415.1036 provides civil as well as criminal immunity for one making a report required by the statute.