Case law

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida · Apr 3, 2024

because on the face of these counts, the plaintiffs clearly seek to recover only for what they consider to be economic loss. … As I already noted above, the plaintiffs here clearly sued to recover only economic loss—indeed, based on several novel legal theories.

Timothee

District Court, M.D. Florida · Aug 26, 2026

Thus, as explained above, a motion to dismiss on qualified-immunity grounds “will be granted if the complaint fails to allege the violation of a clearly established constitutional right.” St. … Even with that favorable assumption, Defendants are not entitled to qualified immunity because their alleged conduct violated clearly established rights. See Resendiz v. Christian, 830 F. Supp. 3d 1226, 1239 (N.D.

Hines v. Columbia Livestock Market of Lake City, Inc.

12 Fla. L. Weekly 2803 · District Court of Appeal of Florida · Dec 10, 1987

City of Hialeah, 468 So.2d 912 (Fla.1985), and determined that the allegations of negligence involve discretionary governmental functions which are immune from suit despite the limited waiver of sovereign immunity effectuated … Trianon Park establishes that: ‘there is no governmental tort liability for the action or inaction of governmental officials or employees in carrying out the discretionary governmental functions [of enforcing the laws and

Rojas v. City of Ocala

315 F. Supp. 3d 1256 · District Court, M.D. Florida · May 24, 2018

"Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which … Even assuming the Mayor committed an Establishment Clause violation by failing to intervene to stop the Prayer Vigil, his duty to do so was not clearly established. 40 The Mayor is protected by qualified immunity based on

Flick v. Malino

356 So. 2d 904 · District Court of Appeal of Florida · Mar 23, 1978

Malino's motion for summary judgment established that her husband was sole owner of the dog that bit Jennifer and that two clearly readable "bad dog" signs were posted on the fence surrounding the property. … Here, the record before the trial court on the motion for summary judgment did not establish that Jennifer came to the Malino home property without an express or implied invitation. See Wood v.

Matter of Lawson

67 B.R. 94 · United States Bankruptcy Court, M.D. Florida · Nov 6, 1986

it is evident that the "ipso facto" clause is of no effect, and presents no obstacles to the Trustee's right to the Debtor's shares provided, of course, that the shares are "properties of the estate" and not excluded and immunized … It follows that the next inquiry must be addressed to the issue of whether the ESOP and the Trust established under it would qualify as a spendthrift trust under Florida law and thus be excepted from the estate pursuant to

Brown v. City of Delray Beach

652 So. 2d 1150 · District Court of Appeal of Florida · Feb 8, 1995

Reading the affidavit as a whole it clearly implies that it was a representative or representatives of the Delray Beach Police Department who repeatedly made such assurances to Nugent. … Appellant's complaint and Nugent's affidavit clearly state that repeated assurances were made that "the evidence" would be maintained and that the City negligently failed to do so.

Escrow Disbursement Insurance Agency, Inc. v. American Title & Insurance

550 F. Supp. 1192 · District Court, S.D. Florida · Nov 9, 1982

for immunity under the Act have been established on motion to dismiss. 1. … In Crawford , the Act was found to provide immunity for price fixing charges. Price fixing is, of course, clearly within the ambit of state control.

Dartland v. Metropolitan Dade County

717 F. Supp. 1544 · District Court, S.D. Florida · Jul 31, 1989

. § 1983 on the basis of qualified immunity. This Court denied Pereira’s motion. Dartland v. Metropolitan Dade County, 681 F.Supp. 1539 (S.D.Fla.1988). … The Eleventh Circuit held that Pereira’s discharge of Dartland did not clearly violate Dartland’s First Amendment rights, and thus Pereira was entitled to qualified immunity. See Dartland, 866 F.2d 1321 .

Tedesco v. Johnson

119 F. Supp. 2d 1320 · District Court, M.D. Florida · Nov 7, 2000

Qualified Immunity Even if Plaintiff could somehow show that Defendants’ actions violated his constitutional rights, Defendants are entitled to qualified immunity from Plaintiffs claims for money damages against them in their … Qualified immunity bars claims for money damages against government actors sued in their individual capacities “if their conduct violates no clearly established statutory or constitutional rights of which a reasonable person

Champagne-Webber, Inc. v. City of Ft. Lauderdale

519 So. 2d 696 · District Court of Appeal of Florida · Feb 3, 1988

that limiting language than was intended by the Supreme Court. [1] The reasoning expressed by the Supreme Court in the Pan-Am Tobacco case was that the legislature, in authorizing a state agency to enter into a contract, clearly … emphasized that its holding was restricted to suits on express written contracts into which the state agency had statutory authority to enter, there is no indication that the Court intended by its decision to otherwise change established

Ago

Florida Attorney General Reports · Sep 10, 1976

The purpose of the act, as indicated by its title, is: To amend the Public Health Service Act to authorize the establishment and implementation of an emergency national swine flu immunization program and to provide an exclusive … I understand that, after you wrote your letter to me, you have been asked whether a private health agency may be reimbursed for its expenses and still qualify as a "program participant."

State v. Montgomery

10 Fla. L. Weekly 853 · District Court of Appeal of Florida · Mar 26, 1985

Further, since the defendant has failed to establish an intention on the part of the state to distort the fact finding process of the trial through prosecutorial misconduct, statutory immunity is not available to the defense … practice it seriously impairs any potential prosecution because of the heavy burden placed on the prosecutor to establish that the evidence is not tainted by the witness's immunized testimony.

Hazealeferiou v. Labor Ready

947 So. 2d 599 · District Court of Appeal of Florida · Jan 5, 2007

Distinguishing the relevant employer for workers' compensation purposes in an employee leasing context is more complicated, however, than simply determining who might qualify as an employer under chapter 440. … The evidence below establishes that claimant worked exclusively in Alabama during this time.

Kaisner v. Kolb

543 So. 2d 732 · Supreme Court of Florida · Mar 30, 1989

would be liable in the absence of such immunity.'" … Were we to establish a rule preventing officers from ordering motorists to the roadside, then we improperly would be entangling ourselves in matters involving basic policy evaluation or planning.

Pinellas County v. Carlson

242 So. 2d 714 · Supreme Court of Florida · Dec 9, 1970

In protecting the property rights of our citizens, this Court should establish a procedure by which the condemnee, or victim, is given every opportunity to establish the true value of his property when confronted with the … I am aware of no post-Shell appellate decision in this State which has undertaken the Herculean task of crystalizing the nature of the qualified discovery immunity accorded an adverse party's expert witness.

Huff v. Goldcoast Jet Ski Rentals, Inc.

515 So. 2d 1349 · District Court of Appeal of Florida · Nov 25, 1987

Clearly, under those circumstances, having created a known dangerous condition not readily apparent to persons who could be injured thereby, the governmental entity has a duty to warn. … There has never been a common law duty establishing a duty of care with regard to how these various governmental bodies or officials should carry out these functions. These actions are inherent in the act of governing.

Provident Mgmt. v. City of Treas. Island

718 So. 2d 738 · Supreme Court of Florida · May 7, 1998

In my view, the City's conduct is an exercise of both its legislative and police power functions, which are clearly protected by sovereign immunity. Trianon Park Condominium Ass'n v. … That is clearly judicial legislation and contrary to the exclusive authority of the legislature to waive sovereign immunity under article X, section 13, of the Florida Constitution.

Swofford v. Eslinger

686 F. Supp. 2d 1277 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established. Therefore, the Court found that Defendants Morris and Remus were entitled to qualified immunity on Mr. Swofford’s unlawful entry claim. … Because reasonable officers could differ on this issue, the Court found that the Officers were entitled to qualified immunity; however, the SCSO is not so immunized.

Albritton v. Gandy

531 So. 2d 381 · District Court of Appeal of Florida · Sep 13, 1988

He further testified that he was aware of nothing in Gandy's background that would have made her not qualified to continue working as a relief EMT. … Clearly such a result is contrary to the Florida Supreme Court's directive that punitive damages may not be assessed in an amount which will clearly bankrupt or destroy a defendant. Arab Termite and Pest Control v.