Case law

Horn v. State, Department of Transportation

665 So. 2d 1122 · District Court of Appeal of Florida · Jan 4, 1996

Courts which have considered the question have concluded that section 763a “and its legislative history[] clearly evidence a Congressional intent to establish a uniform statute of limitations, consistent with the well-established … Port of Houston Auth., 702 F.2d 612 (5th Cir.1983) (notice *1126 requirement clearly intended by state as limitation on waiver of sovereign immunity as to tort claims generally controls, notwithstanding fact that claim is

Schreiber v. Rowe

814 So. 2d 396 · Supreme Court of Florida · Mar 21, 2002

Governments, both state and federal, quite properly spend vast sums of money to establish machinery to try defendants accused of crime. … The public defender shall be elected at the general election by the qualified electors of their respective judicial circuits as other state officials are elected and shall serve for a term of four years. § 27.50, Fla.

Jones v. Miami-Dade County

District Court, S.D. Florida · Aug 5, 2024

“Qualified immunity provides complete protection for government officials sued in their individual capacities where their conduct does not violate clearly establish statutory or constitutional rights of which … To prove that the Officer Defendants are not entitled to qualified immunity, Jones must show (1) the Defendant Officers violated a constitutional right and (2) “that right was clearly established.” Id.

Andries v. Royal Caribbean Cruises, Ltd.

12 So. 3d 260 · District Court of Appeal of Florida · May 13, 2009

He testified that a staph infection is characterized by antigens that precipitate an immune response and the production of antibodies which are believed to accumulate in the glomeruli (essentially the filtration tubes in … The nephropathy only develops in a fraction of the individuals exposed to a staph infection, and the reasons for differences in susceptibility are not clearly understood. 5 . See Meirell Dow Pharms., Inc. v.

McGraw v. R and R Investments, Ltd.

877 So. 2d 886 · District Court of Appeal of Florida · Jul 20, 2004

These signs shall be placed in a clearly visible location near to where the equine activity begins. … Clearly, a mandatory, not a directory, interpretation of the word "shall" is required. As was observed in Allied Fidelity Insurance Co. v.

Allstates Fireproofing, Inc. v. Garcia

876 So. 2d 1222 · District Court of Appeal of Florida · Jun 9, 2004

The case law is well established that conclusory allegations unsupported by ultimate facts are insufficient to overcome the exclusivity of workers' compensation immunity. … Consequently, the facts of this case do not rise to the level of an intentional tort to qualify as an exception under Turner, 754 So.2d at 686 .

PARKWAY GENERAL HOSP., INC. v. Allinson

453 So. 2d 123 · District Court of Appeal of Florida · Jul 10, 1984

case such as this; where the allegations are that the respondent successfully practiced at petitioner hospital for over two years; that the suspension of staff privileges is a direct result of his problems with a better established … Moreover, the fact that an announced privilege existed did not stop the filing of defamation suits because it was only a "qualified" privilege; a privilege dependent upon the participants acting "without malice or fraud."

Commercial Carrier Corp. v. Indian River Cty.

371 So. 2d 1010 · Supreme Court of Florida · Apr 19, 1979

The state of the law concerning municipal sovereign immunity on the date of enactment of section 768.28 was clearly enunciated in Gordon v. … For a time, the lower appellate courts in California labored unsuccessfully *1021 to develop a dictionary definition of "discretion" which established liability for minor discretionary actions but preserved immunity for high-level

University of Florida Board of Trustees v. Stone

92 So. 3d 264 · District Court of Appeal of Florida · Jun 21, 2012

To overcome the immunity provided by the Act, the plaintiff was required to establish that the defendant acted with “reckless disregard” for the consequences to the life or health of another. Id. … The record refutes this tipsy-coachman argument and establishes that AGH was providing services to Mr.

Willis A. Smith Construction, Inc. v. Keathley, the Board of Trustees of the University of South Florida

District Court of Appeal of Florida · Apr 24, 2026

WASC claimed workers' compensation immunity as an affirmative defense, arguing that Mr. Keathley was its statutory employee and that therefore it was immune from tort liability. … project, it did not establish that it sublet any part of that contractual obligation to West Shore.

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083 · District Court of Appeal of Florida · Oct 15, 1997

Assuming the truthfulness of its allegations and attached exhibits, the complaint clearly establishes that at the time of the accident Kitschke was not within the course and scope of his employment thus precluding the invocation … As noted, the Department of Transportation’s attempt to overcome the employer’s immunity established by section 440.11(1) was based on a theory that the employer exhibited acts of gross negligence resulting in injury to the

West Florida Regional Medical Center, Inc. v. See

37 Fla. L. Weekly Supp. 22 · Supreme Court of Florida · Jan 12, 2012

The federal court held that although the HCQIA provided “qualified immunity from suit to officials who conduct peer reviews that meet the standards outlined in the statute,” it concluded that the HCQIA did not establish a … The HCQIA clearly does not provide for confidentiality for peer review documents.

Lussier v. STATE OF FLA., DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

972 F. Supp. 1412 · District Court, M.D. Florida · Jul 21, 1997

First, a state may be sued in federal court when it has clearly and unequivocally waived the immunity conferred to it by the Eleventh Amendment. Atascadero State Hosp. v. … The Plaintiff argues that the last phrase of the statute clearly establishes that the $ 15 assessment is a regulatory fee.

Ago

Florida Attorney General Reports · Mar 28, 1984

As emphasized in AGO 74-255, The antinepotism statute was clearly not intended to prevent relatives from working together in public employment. … [and] [f]or this reason, . . . the [civil service] board fails to qualify as a `public official' under the definition prescribed by [s 116.111, F.S.]."

Scott v. Gunter

447 So. 2d 272 · District Court of Appeal of Florida · Dec 1, 1983

Thus understanding that Bruce Scott is not a Rhode Islander but a Floridian recently arrived from Rhode Island, we more clearly appreciate, through these equations, that the privileges and immunities secured by the Constitution … A blanket one-year durational residency requirement, however, clearly is not “closely tailored” to address the speculative evil new Floridians are alleged to pose.

State v. Williams

11 Fla. L. Weekly 695 · District Court of Appeal of Florida · Mar 20, 1986

The amended statute confers no authority on the state to grant a witness transactional immunity. The distinction between the two types of immunity was clearly stated in State v. … Moreover, the Fifth Amendment, establishing the privilege against self-incrimination, does not require that immunity statutes preclude all uses of immunized testimony. United States v.

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

Executive 100, Inc. v. Martin County

739 F. Supp. 1521 · District Court, S.D. Florida · Jun 27, 1990

However, the motions involved a number of different legal issues including legislative immunity, qualified immunity, punitive damages, 42 U.S.C. § 1988 , Federal Civ. Proc. … The defense of the individual commissioners did include several difficult issues including absolute and qualified immunity, and the potential for an award of punitive damages.

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.

McMahon Ex Rel. Estate of McMahon v. Presidential Airways, Inc.

460 F. Supp. 2d 1315 · District Court, M.D. Florida · Sep 27, 2006

Neneman, 884 F.2d 1350, 1351 (10th Cir.1989) (“The immunity established in Feres attaches only when an action has been brought against the government under the Federal Tort Claims Act.”). … Unless they qualify as employees or agents of the Government, private contractors may not bootstrap the Government’s sovereign immunity.