Case law

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

WPB RESIDENTS FOR INTEGRITY IN GOVERNMENT, INC. v. SHARON "SHANON" MATERIO

District Court of Appeal of Florida · Oct 30, 2019

Resha, 648 So. 2d 1187 (Fla. 1994),] [w]e held that an order denying summary judgment based upon a claim of qualified immunity should be subject to interlocutory review to the extent that the order turns … Rather, we requested the Florida Bar Appellate Court Rules Committee to submit a proposed amendment that would add a category of non-final orders for qualified immunity in a federal civil rights claim

Paramore v. State

229 So. 2d 855 · Supreme Court of Florida · Sep 10, 1969

Another ground asserted by appellant for excluding the video tape confession is the failure of the State to establish a continuity of possession of the "easily alterable tape." … It is extremely difficult to definitely state at what point the line should be drawn between what is doubtfully permissible argument and what is clearly wrong.

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.

Moulton v. United States (In Re Moulton)

195 B.R. 954 · United States Bankruptcy Court, M.D. Florida · Mar 19, 1996

Clearly, if EAJA applies to litigation, no fines or sanctions can even be considered as the amended version of § 106, which waived the sovereign immunity and authorized the Court to “issue against. a governmental unit an … Clearly this special factor is merely illustrative and not the only one which a court may consider if further fee enhancement is warranted.

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.

CITY OF PEMBROKE PINES v. CORRECTIONS CORPORATION OF AMERICA, INC.

274 So. 3d 1105 · District Court of Appeal of Florida · May 29, 2019

CCA maintained the evidence at trial established that the City’s conduct created a duty to provide utilities. … As stated above, we conclude that the decision was clearly discretionary in nature.

Kubany ex rel. Kubany v. School Board

818 F. Supp. 1504 · District Court, M.D. Florida · Apr 13, 1993

Section 1983 ; however, they enjoy qualified immunity if they have acted in good faith in carrying out their duties. Kentucky v. Graham, 473 U.S. 159, 166-67 , 105 S.Ct. 3099, 3105-06 , 87 L.Ed.2d 114 (1985). … immunity at this stage of the proceedings.

Patel v. Kumar

196 So. 3d 468 · District Court of Appeal of Florida · Jun 29, 2016

This might be seen more clearly by imagining that a person is set upon by many assailants at once and uses force to fend them off. … Patel previously established Stand Your Ground immunity in a hearing held in connection with his criminal prosecution.

Broward County v. Rodrigues

686 So. 2d 774 · District Court of Appeal of Florida · Jan 22, 1997

contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment … that the defendant power company had a contractual obligation to install the electrical facilities in connection with which the employee was injured, (even if it may have had a statutory duty to do so), recognizing that to qualify

City of Riviera Beach v. Langevin

13 Fla. L. Weekly 60 · District Court of Appeal of Florida · Dec 23, 1987

The court rejected the defendants’ claim of qualified immunity and said at 445 U.S. 650 -52, 100 S.Ct. at 1415-16 , 63 L.Ed.2d at 693 -94: Our rejection of a construction of § 1983 that would accord municipalities a qualified … Yet, owing to the qualified immunity enjoyed by most government officials, see Scheuer v.

Kellums v. Freight Sales Centers

10 Fla. L. Weekly 1055 · District Court of Appeal of Florida · Apr 25, 1985

Robert was contacted by National and made several statements regarding Kellums, which, if not true, would have been clearly slanderous. Contending that these statements were false, Kellums sued appellees for slander. … Certainly no reasons of policy can be found for conferring immunity upon the foolish and reckless defamer who blasts an innocent reputation without making any attempt to verify his statements; but on the other hand there

Fletcher v. State of Fla.

858 F. Supp. 169 · District Court, M.D. Florida · Jul 1, 1994

“Once a complaint against a defendant state legislator, judge, or prosecutor (or similar officer) adequately raises the likely issue of immunity — qualified or absolute — the district court should on its own require of the … The defendants HRS employees raise a defense of absolute or qualified immunity and ask for a more definite statement which is granted.

Jones v. City of Longwood, Florida

404 So. 2d 1083 · District Court of Appeal of Florida · Sep 23, 1981

We also agree with the city's contention before the trial court that its duty to inspect under this ordinance was necessarily qualified, since the building inspector and fire chief were not authorized to enter upon private … But the majority upholds the summary judgment because, as a matter of law, proximate cause could not be established because the operational level function of the inspector is just the first step in the chain of events which

Ago

Florida Attorney General Reports · Aug 29, 1974

Thus, it was clearly the intent of the legislature that this legislation should refer to alcoholics and alcoholism only. … A qualified privilege exists when a public official exercises discretion while performing his duties precluding individual liability for the performance of official responsibilities if undertaken in good faith; this privilege

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.

Underwood v. University of Kentucky

390 So. 2d 433 · District Court of Appeal of Florida · Nov 18, 1980

The record does not clearly reflect which provision of the Florida long-arm statute the plaintiff sought to employ in bringing the defendants within the jurisdiction of the court. … The author Lyon does not, of course, share in this immunity.

Zile v. State

710 So. 2d 729 · District Court of Appeal of Florida · May 20, 1998

Prosecution is not foreclosed because an immunized statement might have tangentially influenced a prosecutor's thought process, or because a "Chinese Wall" was not established. E.g. United States v. … the accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.

Burgess v. Miller

492 F. Supp. 1284 · District Court, N.D. Florida · Jun 10, 1980

Good Faith Immunity The Defendants claim a qualified immunity as a defense if a constitution deprivation was proved. I have concluded there was no constitutional deprivation. … An executive’s qualified immunity is established when the evidence shows the official acted sincerely with a belief he or she was doing right and that the belief was reasonable. Wood v.

United Services Auto. Ass'n v. Crews

614 So. 2d 1213 · District Court of Appeal of Florida · Mar 10, 1993

Clearly, if documents ordered produced are protected attorney-client matters, they are absolutely immune from disclosure. … Contrary to the trial court's ruling, the evidence clearly established that the "in-house" counsel, at least some of the time, were functioning as attorneys, giving protected legal advice to USAA.