Case law

City of St. Petersburg v. Earle

109 So. 2d 388 · District Court of Appeal of Florida · Jan 30, 1959

Petersburg above quoted nullifies or qualifies the general rule as stated in Williams v. Lake City. I think this claim is well founded and that under that statute, which is Section 1 of the charter of St. … It is, to us, evident and we think, common sense, to hold that an act, in order to change the common law, must clearly express that intention. The language used in the charter of St.

Bonvento v. BD. OF PUBLIC INSTRUCTION, PALM BEACH CTY.

194 So. 2d 605 · Supreme Court of Florida · Jan 25, 1967

If the State had waived its immunity by general law as provided by Section 22 of the Constitution, recovery in a tort action would be dependent upon establishing *609 legal liability and proving damages. … Established principles of equal protection of the laws, it seems to me, would be violated by such a concept. What actually occurs under such a situation is clearly revealed by an examination of the 1965 general acts.

Dennis v. City of Tampa

581 So. 2d 1345 · District Court of Appeal of Florida · May 29, 1991

We affirm the summary judgment because the record establishes no breach of any standard of care owed by the City to a park patron. … Since the City clearly owed some common law duty to invitees who entered the park, Ms.

CITRUS MEMORIAL HOSPITAL, INC. D/B/A CITRUS MEMORIAL HOSPITAL v. MARLA IANNELLI AND TONY GAINEY

District Court of Appeal of Florida · Nov 9, 2023

The “Liability protections” portion of the PREP Act clearly establishes immunity “from suit and liability,” thereby making certiorari review appropriate in this type of case; rather than dismiss the case for lack of jurisdiction … ’s determination of whether immunity from suit was established.

Division of Corrections v. Wynn

438 So. 2d 446 · District Court of Appeal of Florida · Sep 19, 1983

Hicks, M.D., who was qualified as an expert to testify concerning the "rape trauma syndrome." In her testimony Dr. … Based upon examination of the entire record, however, the verdict of the jury was clearly correct beyond doubt. [1] Affirmance is therefore proper.

Mugford

District Court, M.D. Florida · Aug 27, 2026

“When qualified immunity is asserted in the context of a motion to dismiss, [courts] look to the pleadings to see if the plaintiff has successfully alleged the violation of a clearly established right.” O’Rourke v. … Here, the qualified immunity analysis begins—and ends— with whether the alleged constitutional violation was contrary to clearly established law.

Horning-Keating v. State

777 So. 2d 438 · District Court of Appeal of Florida · Feb 9, 2001

Rothstein which would not qualify as evidence in any event. … Clearly, the attorney/client privilege is not a bar to discovery in this case, and to the extent that the work product immunity may be ( i.e. that Ms.

Eric Green v. Calvin Cottrell

41 Fla. L. Weekly Supp. 506 · Supreme Court of Florida · Nov 10, 2016

The limited waiver of sovereign immunity for tort actions is provided in section 768.28: (1) In accordance with s. 13, Art. … However, were that the case, there would be no need to qualify prisoner actions with the language “relating to the conditions of ... confinement.”

McGhee v. Volusia County

679 So. 2d 729 · Supreme Court of Florida · Jul 3, 1996

The employing agency is immune as a matter of law only if the acts are so extreme as to constitute a clearly unlawful usurpation of authority the deputy does not rightfully possess, Swenson, or if there is not even a pretense … The majority relies on the pre-sovereign-immunity case of Swenson v.

JUSTIN BAILEY v. THE STATE OF FLORIDA

District Court of Appeal of Florida · Jan 19, 2022

In this regard, “[a] district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” … Without controlling precedent on an issue, a district court cannot conclude that a circuit court violated a clearly established principle of law. Edenfield, 58 So. 3d at 906; see Balzer v.

Corbin v. Prummell, Jr.

District Court, M.D. Florida · Jul 1, 2025

The qualified immunity general principles are well- established. … be entitled to qualified immunity.”

State of Florida, Agency for Persons With Disabilities v. Sally Toal

District Court of Appeal of Florida · Feb 26, 2025

Because the Whistleblower’s Act does not clearly and unequivocally waive sovereign immunity to authorize the recovery of such damages, we reverse. … or reconcile its holding with the well-established principle that a waiver of immunity cannot be found by inference or implication.

AMANDA HEINE and JHAYLA STREADY v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES

District Court of Appeal of Florida · Apr 26, 2023

Because the attachments to the operative complaint did not clearly and unequivocally show the 3 existence of an express contract, the trial court found Students did not establish a cause … Looking at the plain language of section 1009.24, the Legislature clearly did not authorize a private cause of action premised on the improper collection of fees, and, therefore, has not expressly waived sovereign immunity

Lee v. DHRS

698 So. 2d 1194 · Supreme Court of Florida · Jun 19, 1997

Essentially, she has attempted to establish this breach of duty in two ways. … The record clearly establishes that the claimant was arguing against the interpretation and implementation of rules governing the supervision of patients and the normalization policy, which are immune discretionary policy-level

Department of Transportation v. United Capital Funding Corp.

219 So. 3d 126 · District Court of Appeal of Florida · Apr 28, 2017

“This chapter” clearly encompasses all of section 679.4061(1). “[D]oes not apply to” then clearly restricts applying section 679.4061 to government transfers that would otherwise be included. … An established body of common law *135 and statutory rules governing contracts serves that function.

Batmasian v. Ballachino

755 So. 2d 157 · District Court of Appeal of Florida · Mar 1, 2000

Cohen, 287 So.2d 56, 59 (Fla.1973) (“By granting the owners immunity from third-party tort suit, merely because ‘they were acting in concert with the general contractor,’ the ... … 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

General Motors Acceptance Corp. v. David

632 So. 2d 123 · District Court of Appeal of Florida · Feb 9, 1994

Johnston, the branch manager of GMAC's Jacksonville office, pursued buying practices in which individuals who did not qualify under GMAC's credit guidelines had their contracts purchased from Coggin. … The facts viewed in the light most favorable to appellees fail to establish, under the test enunciated in the previously cited cases, that appellants' conduct was substantially or virtually certain to result in injury or

Ago

Florida Attorney General Reports · Aug 27, 1986

See also, s. 768.28 (5), F.S., establishing the monetary limitations of the state's waiver. … See, AGO 78-42 (legislatively established hospital district included within scope of s. 768.28 ); AGO 78-113 (water control district within purview of s. 768.28 [2] and therefore, monetary limitations on tort liability established

Wendland v. Akers

356 So. 2d 368 · District Court of Appeal of Florida · Mar 14, 1978

The facts here establish without dispute that Dr. Petschulat was an experienced and qualified veterinarian. Mrs. … The appropriateness of the defenses of contributory negligence and assumption of risk here was not raised, nor was the question of the employer's immunity under the Workmen's Compensation Act from tort liability or third

Palm Beach County Sheriff v. State

854 So. 2d 278 · District Court of Appeal of Florida · Sep 17, 2003

Mandamus may not be used to establish the existence of such a right, but only to enforce a right already clearly and certainly established in the law. Fla. League of Cities v. … The Sheriff cites no statute that clearly authorizes the type of relief he seeks.