Case law

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

Department of Rev. v. Amrep Corp.

358 So. 2d 1343 · Supreme Court of Florida · May 25, 1978

The court may render declaratory judgments on the existence, or nonexistence: (1) Of any immunity, power, privilege or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege … or right does or may depend, whether such immunity, power, privilege or right now exists or will arise in the future.

Roca Labs, Inc. v. Consumer Opinion Corp.

140 F. Supp. 3d 1311 · District Court, M.D. Florida · Oct 21, 2015

“The majority of ‘federal circuits have interpreted the CDA to establish broad federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service … The Court now addresses the remaining two elements of establishing immunity under Section 230 of the CDA. ii.

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.

Kohn v. City of Miami Beach

611 So. 2d 538 · District Court of Appeal of Florida · Dec 8, 1992

Section 454.18, Florida Statutes (1991) clearly provides "any person ... may conduct his own *540 cause in any court of this state ... subject to the lawful rules and discipline of such court." Likewise, in Carr v. … who qualify for their services. [2] Compassion for a pro se litigant and justice under law are entirely different concepts that should not be confused.

In re Amendments to the Rules Regulating the Florida Bar—Florida Registered Paralegal Program

32 Fla. L. Weekly Supp. 712 · Supreme Court of Florida · Nov 15, 2007

Rule 20-3.1, the only rule under subchapter 20-3, establishes three alternative ways to qualify as a Florida Registered Paralegal (FRP): (1) by having the prescribed education and experience; (2) by having the prescribed … SUBCHAPTER 20-9 IMMUNITY. There is only one rule in this subchapter.

Franco v. Miami-Dade County

947 So. 2d 512 · District Court of Appeal of Florida · Dec 20, 2006

Zapata, 601 So.2d 239, 243-44 (Fla. 3d DCA 1992) (finding that county lifeguard training video served as evidence relevant to the standard of care but did not itself establish a legal duty). … Clearly, the Fire Rescue creates a "zone of risk" accompanied by a corresponding duty, when it diagnoses, treats, and transports patients in an emergency situation.

In Re Fernandez

236 B.R. 483 · United States Bankruptcy Court, M.D. Florida · Jun 30, 1999

Basically, these are the relevant facts established at the final evidentiary hearing. … However, it is equally true that it is for this Court to decide whether the Debtor’s Plans, while facially ERISA qualified, lost the immunity from administration granted by Section 541(c)(2) because of the manner the Plans

In Re Morrow

122 B.R. 151 · United States Bankruptcy Court, M.D. Florida · Dec 11, 1990

of debtors in ERISA-qualified profit-sharing and pension plans are excluded from property of the estate. … Clearly, contributions made to an ERISA plan are not akin to wages deposited for savings or everyday living expenses in a bank account. Therefore, this Court is satisfied that the Debt- or’s argument that Mrs.

State v. Brock

106 So. 2d 607 · District Court of Appeal of Florida · Nov 18, 1958

The existence of a valid statute clearly sustains the sufficiency of the information, notwithstanding the intent of the framers of the informations or the impressions of the trial judge. Williams v. … It was there, held that while the information might have been so drawn as to contain greater detail as to the elements constituting the offense charged and more particularly described the offense for which immunity from arrest

Sheets

District Court, M.D. Florida · Feb 20, 2026

Berry is a district court case, so it “cannot clearly establish the law for qualified immunity purposes.” Gaines, 871 F.3d at 1211; see also Jackson v. McCurry, 762 F. App’x 919, 928 (11th Cir. 2019). … Because Sheets has not shown that Officer Angelini violated a clearly established right by enforcing a straightforward noise restriction, qualified immunity must apply here.

Bourassa v. Busch Entertainment Corp.

929 So. 2d 552 · District Court of Appeal of Florida · Apr 7, 2006

Thus, an employer's knowledge of the risks of dangerous activities and its failure to make the conditions "more safe" is not sufficient to establish an exception to workers' compensation immunity in the absence of some evidence … Yet, if this case does not present a jury question as to whether the employer's conduct was substantially certain to cause injury or death, then no case would seem to qualify.

STROUD

District Court, N.D. Florida · Aug 20, 2026

Either way, the defendants have qualified immunity. … This is clearly established by Farmer v. Brennan, 511 U.S. 825, 837 (1994), and its progeny.

United States v. Noriega

746 F. Supp. 1506 · District Court, S.D. Florida · Jun 8, 1990

Nor does the “A-2” visa establish anything of significance in the way of diplomatic immunity. … There, the government moved to quash a deposition subpoena served on the Philippine Solicitor General by unsuccessfully arguing that the Solicitor General qualified for head of state immunity.

Transamerica Corp. v. MONIKER ONLINE SERVICES, LLC

672 F. Supp. 2d 1353 · District Court, S.D. Florida · Dec 4, 2009

immunity for registrars under the ACPA does not apply when the registrar is also the registrant: Because Defendants are both the registrant and registrar, Defendants do not qualify for the “safe harbor” provision of the … He was clearly involved in the development, launching, and operation of the website and he himself testified that he went to “Network Solutions” with his friends to see what domain names were available.

Sloan v. Toler

778 So. 2d 1094 · District Court of Appeal of Florida · Mar 14, 2001

After the trial court denied defendants' motion to dismiss on the ground that they were entitled to qualified immunity, the defendants appealed. … "Absent evidence that [Idaho] Appellate Rule 11(a)(1) discriminates against interlocutory appeals of § 1983 qualified immunity determinations by defendants—as compared with other types of appeals—we must deem the state procedure

Lienard v. DeWitt

143 So. 2d 42 · District Court of Appeal of Florida · Jun 29, 1962

Benson, Fla.App.1962, 136 So.2d 353 : “ * * * It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while … DeWitt individually, the correlation is clearly insufficient to invoke the exception. The defendant, therefore, was correctly held to be within the general rule of immunity from service of process. Affirmed. SHANNON, C.

Stromberg-Carlson v. Jackson

11 Fla. L. Weekly 697 · District Court of Appeal of Florida · Mar 20, 1986

At trial the proofs established that the accident was caused by the highly slick and smooth surface of the roadway which caused the motor vehicle, in which Jackson was a passenger, to skid and strike the rear of another vehicle … The record clearly reflects this accident occurred within the course of Jackson’s employment under the “special hazard” exception to the “coming and going rule.” Naranja Rock Co. v. Dawal Farms, 74 So.2d 282 (Fla.1954).

American Ass'n of People with Disabilities v. Smith

227 F. Supp. 2d 1276 · District Court, M.D. Florida · Oct 16, 2002

Instead, Defendants Smith and East contend that they have the discretion to adopt rules that establish minimum standards for voting systems. … While the common-law legislative immunity available to state and local legislators is not always as broad as the immunity provided to members of Congress under the Speech or Debate Clause, in civil eases, the immunities appear