Case law

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

Wallace v. Dean

34 Fla. L. Weekly Supp. 52 · Supreme Court of Florida · Jan 29, 2009

Overview As an initial point of departure, brief clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … Hutt, 670 So.2d 64 (Fla.1996), we reasoned: It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care. See Slemp v.

David L. Ross v. City of Jacksonville

274 So. 3d 1180 · District Court of Appeal of Florida · Jun 12, 2019

Finally, Appellant argues that the trial court applied an incorrect “qualified immunity” standard instead of an “immunity from liability” standard. … For almost a hundred years, Florida law has held that intentionally putting a victim in fear of getting hit by an automobile qualifies as aggravated assault. See Williamson v. State, 111 So. 124 (Fla. 1926).

Ago

Florida Attorney General Reports · Aug 15, 1978

In particular, in AGO 077-97, this office expressly stated that district mental health boards appeared to qualify as quasi-public organizations; `they are nonprofit, their services are available to the general public within … Golden, 56 So.2d 911 , 913 (Fla. 1952), in which the court noted that a hospital district was not possessed of sovereign immunity because its activities fell `more clearly in the category of `proprietary' functions than `

Howland v. Hertz Corp.

431 F. Supp. 2d 1238 · District Court, M.D. Florida · May 3, 2006

Qualiñcation as a “Foreign State” Defendant contends that it qualifies as an entity entitled to sovereign immunity under the FSIA. … She clearly stated that they rented the ear to go sightseeing. (Doc. No. 8-5 at 4 ¶ 9). At the time of the accident she stated that they were driving around downtown and near the airport.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

Hope v. NAT. ALLIANCE, JACKSONVILLE

649 So. 2d 897 · District Court of Appeal of Florida · Jan 31, 1995

immunity. [4] See Tucker v. … Although the immunity afforded to defamatory statements may indeed bar recovery for bona fide injuries, the chilling effect on free testimony would seriously hamper the adversary system if absolute immunity were not provided

Maldonado v. Allstate Ins. Co.

789 So. 2d 464 · District Court of Appeal of Florida · Jun 29, 2001

Allstate established that Mr. Maldonado "crossed over the river between Mexico and the United States." … Statutes often require that a person be a resident for at least a specific period in order to qualify for some legal benefit.

Reeves v. Fleetwood Homes of Florida, Inc.

29 Fla. L. Weekly Supp. 783 · Supreme Court of Florida · Dec 16, 2004

We held that the answer to the certified question could be found in our opinion in Hastings: [ Hastings ] ... clearly provides that "[n]onfinal orders denying summary judgment on a claim of workers' compensation immunity … The adjudication section of the order is clearly a simple denial of the motion for summary judgment.

Pollock v. Florida Dept. of Highway Patrol

882 So. 2d 928 · Supreme Court of Florida · Jun 10, 2004

Moreover, "[i]t is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care." Union Park Memorial Chapel v. … FHP's duties enumerated under section 321.05 of the Florida Statutes are clearly category II functions.

Rodriguez v. City of Clermont

681 F. Supp. 2d 1313 · District Court, M.D. Florida · Dec 31, 2009

Radi contends that he is entitled to qualified immunity, and that summary judgment should be entered in his favor. … To establish qualified immunity, a government official must first show that he was engaged in a “discretionary function” when he committed the allegedly unlawful acts. Holloman ex rel. Holloman v.

Department of Transp. v. Neilson

419 So. 2d 1071 · Supreme Court of Florida · Sep 14, 1982

Commercial Carrier, established that discretionary, judgmental, planning-level decisions were immune from suit, but that operational-level decisions were not so immune. … Clearly, this type of failure may serve as the basis for an action against the governmental entity.

Carlile v. GAME AND FRESH WATER FISH COM'N

354 So. 2d 362 · Supreme Court of Florida · Nov 30, 1977

We are guided in this effort by established rules of statutory construction. … That statute is clearly in derogation of the common law principle of sovereign immunity and must, therefore, be strictly construed: Statutes in derogation of the common law are to be construed strictly, however.

Woodburn v. Florida Department of Children & Family Services

854 F. Supp. 2d 1184 · District Court, S.D. Florida · Dec 1, 2011

Qualified immunity is a doctrine that protects government officials sued in their individual capacities as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable … Notably, qualified immunity may be asserted on a pretrial motion to dismiss. Id. Where such immunity is asserted, a plaintiff must plead facts that would strip the defendant of qualified immunity.

Pierce Nelson Hoempler v. State of Florida

District Court of Appeal of Florida · Mar 26, 2025

We agree with the defense that the 911 recording qualified for admission as either an excited utterance or spontaneous statement. See Thompson v. … This ruling cannot be deemed a deviation from established law. See Darling v.

Value Rent-A-Car, Inc. v. Grace

794 So. 2d 619 · District Court of Appeal of Florida · Mar 14, 2001

Because allegations of the complaint do not affirmatively and clearly show the applicability of parental immunity as an affirmative defense, we reverse. Vause v. Bay Med. Ctr., 687 So.2d 258, 261 (Fla. 1st DCA 1996). … Establishing an absence of liability coverage would be necessary to prevail on the affirmative defense of parental immunity. [1] On appeal, Mr.

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

264 So. 3d 304 · District Court of Appeal of Florida · Feb 1, 2019

Leigh, 145 So. 3d 1006, 1008 (Fla. 1st DCA 2014) ("When the trial court denies a motion to dismiss on immunity grounds, certiorari review of the non-final order is proper because absolute immunity protects a party from … Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) (discussing the shifting burden for motions to dismiss based on qualified immunity).

City of Daytona Beach v. Palmer

10 Fla. L. Weekly 189 · Supreme Court of Florida · Apr 4, 1985

Governmental entities are clearly liable for this type of conduct as a result of the enactment of section 768.28, Florida Statutes (1983). … In Commercial Carrier, "discretionary," immune acts clearly embraced only those decisions concerning whether and to what extent government should act.

Mena v. J.I.L. Construction Group Corp.

79 So. 3d 219 · District Court of Appeal of Florida · Feb 15, 2012

We affirm the order granting summary judgment for Slorp because Slorp is not estopped from asserting immunity and is otherwise entitled to immunity under the Worker’s Compensation Act. … For the possibility of estoppel to arise, however, the employer’s assertion of worker’s compensation immunity must be “clearly irreconcilable” with the reason for its initial denial. Kent, 966 So.2d at 981 ; Ashby v.

Henkel v. Lickman (In Re Lickman)

304 B.R. 897 · United States Bankruptcy Court, M.D. Florida · Feb 6, 2004

Dept. of Agriculture, 815 F.2d 368, 382-83 (5th Cir.1987)(“the Supreme Court noted that the protection afforded government officials by the doctrines of absolute and qualified immunity would be greatly depreciated if it did … Clearly, both Thompson and Shepherd were employed as his staff at the relevant time. 4 .