Case law

Willingham v. City of Orlando

929 So. 2d 43 · District Court of Appeal of Florida · May 12, 2006

In addition, Officer Costa claimed that he was clothed with qualified immunity from personal liability for damages by virtue of section 768.28(9)(a), Florida Statutes (2003), because his actions were "conducted in good faith … The actions of Officer Costa do not fall within the definition of willful and wanton, and were clearly not malicious or taken in bad faith, and no reasonable jury could have concluded otherwise.

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

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

Younger v. Giller Contracting Co., Inc.

143 Fla. 335 · Supreme Court of Florida · Jun 7, 1940

It clearly appears from the plaintiff’s declaration that the plaintiff’s only legal right in proceeding is for compensation under the Florida Workmen’s Compensation Act.” … Plaintiff contends, and he is supported by authority, that inasmuch as the obligation of securing equal benefits is imposed upon the general contractor, he is immunized from common-law liability to employees injured in work

Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State of Florida

42 Fla. L. Weekly Supp. 92 · Supreme Court of Florida · Jan 31, 2017

“[T]he statute’s plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent.” Daniels v. Fla. … Similarly, in this case, we are loathe to strike the entire claims bill, which is clearly intended to provide critical compensation for Aaron’s injuries in this case.

Shevin v. Sunbeam Television Corp.

351 So. 2d 723 · Supreme Court of Florida · Oct 28, 1977

Further, it is in the interest of the broadcaster or publisher that it be able to establish the truth with precision. … One witness testified this his experience with 1600 interviews clearly illustrated that the truth could only be gained from private one-to-one interviews.

Fullerton v. FLORIDA MEDICAL ASSOCIATION, INC.

938 So. 2d 587 · District Court of Appeal of Florida · Sep 27, 2006

no immunity to the defendants. … A reading of the above provisions clearly reveals two essential requisites must be met in order for a professional-review body to be entitled to the immunity authorized: (1) the body must be engaged in a professional-review

Chastang v. Levy

319 F. Supp. 3d 1244 · District Court, M.D. Florida · Aug 13, 2018

first prong of qualified immunity, which asks whether a constitutional violation occurred. … as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known").

Ruiz-Zaragoza v. Kruse

District Court, M.D. Florida · Apr 12, 2024

denial of summary judgment based on qualified immunity.” … 3 For purposes of qualified immunity in this District, only decisions of the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law.

Posen Construction, Inc. v. Lee County

921 F. Supp. 2d 1350 · District Court, M.D. Florida · Jan 31, 2013

In other words, the Florida Supreme Court established in Miorelli the boundaries of Florida’s waiver of sovereign immunity in contract actions. … “Evidence that a state has waived sovereign immunity in its own courts is not by itself sufficient to establish waiver of Eleventh Amendment immunity from suit in federal court.” Schopler v.

United States v. Morrison

28 So. 3d 94 · District Court of Appeal of Florida · Dec 31, 2009

The record clearly established no such consideration existed, because Tonokaboni was unaware of the kind of instrument she had signed and did not know its legal effect. Id. … Morrison, and there was no accord and satisfaction established by Appellees. II.

B.B.S., a minor child, G.S.S., a

191 So. 3d 528 · District Court of Appeal of Florida · May 11, 2016

does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. … Therefore, there is clearly a right, even a fundamental one, for which a fact, maternity, depends. Thus, the trial court had jurisdiction to establish maternity under Chapter 86.

ROBERTO ESTAPE v. STANLEY B. SEIDMAN, PH.D. and STANLEY B. SEIDMAN PH.D., P.A.

269 So. 3d 565 · District Court of Appeal of Florida · Apr 24, 2019

Here, it is clear that the statute establishes the confidentiality of psychotherapist communications and very limited means of waiving that privilege. … A parent may have to overcome the presumption of good faith, but the statute clearly allows litigation and does not provide for absolute immunity for the psychologist.

Jones v. Edguardo A. Consuegra's Estate

338 F. Supp. 2d 1282 · District Court, M.D. Florida · Sep 22, 2004

Qualified Immunity Defendant Radi contends that he is entitled to qualified immunity from damages. The Eleventh Circuit has reviewed the qualified immunity principles. … The Supreme Court has established a two-part test to determine the applicability of qualified immunity.

Financial Healthcare Associates, Inc. v. Public Health Trust

488 F. Supp. 2d 1231 · District Court, S.D. Florida · May 18, 2007

Barrett argues that FHA cannot establish fraud (Count IV)- The broad sovereign immunity question is resolved first, followed by the individual claims against the Trust and Barrett. A. Defendant Trust’s Arguments 1. … Clearly, the implied contract alleged in Count II is not an express written contract and therefore it fails to escape the sovereign immunity bar as articulated in Pan-Am.

Eady v. State

229 So. 3d 434 · District Court of Appeal of Florida · Oct 20, 2017

Seliman-Tapia, 134 So. 3d 536, 539 (Fla. 3d DCA 2014) (holding that defendant need not establish that he was not engaged in unlawful activity under section 776.012). … Our court disagreed and held (1) that a person may pursue immunity if they qualify "under either section 776.012(1) or 776.013(3)"; (2) that section 776.012(1) does not preclude immunity where the person who uses force

Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

35 Fla. L. Weekly Supp. 40 · Supreme Court of Florida · Jan 14, 2010

The statute does not mandate that both the hospital and physician must give notice; rather, the statute qualifies which hospitals must give notice. … The "plan" means the Florida Birth-Related Neurological Injury Compensation Plan established under section 766.303, Florida Statutes (1997). See § 766.302(8), Fla. Stat. (1997). 3 .

Greer v. Mathews

409 So. 2d 1105 · District Court of Appeal of Florida · Jan 28, 1982

immunity. … Nevertheless, it is our view that recent developments in the closely related, common law privilege of sovereign immunity parallel the scope of the state venue privilege.