Case law

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.

Doe v. America Online, Inc.

783 So. 2d 1010 · Supreme Court of Florida · Mar 8, 2001

AOL falls squarely within this traditional definition of a publisher and, therefore, is clearly protected by § 230's immunity. Zeran, 129 F.3d at 331-32 (emphasis added). … The federal trial court concluded that AOL qualified for statutory immunity pursuant to § 230, finding no record evidence that AOL had provided any of the stock quote information at issue.

Florida Virtual School v. Courtney Calfee

District Court of Appeal of Florida · Nov 26, 2025

should be established as early in the litigation as possible.” … FVS, which was “established for the development and delivery of online and distance learning education,” is governed by its board of trustees—a “public agency entitled to sovereign immunity pursuant to [section] 768.28[

Barnes v. State

576 So. 2d 758 · District Court of Appeal of Florida · Feb 22, 1991

Nothing in the statutory language of the 1988 or 1989 amendments to section 775.084 clearly and unambiguously demonstrates any legislative *765 intent to change these established legal principles governing the construction … or other qualified offenses."

McNa v. Communications Inter-Local Agency

551 F. Supp. 2d 1343 · District Court, M.D. Florida · Mar 12, 2008

Defendants also argue that the section 1983 claims against Bubb and Cox in their individual capacities must be dismissed because they are entitled to qualified immunity. (Doc. No. 21 at 11-12.) A. … Qualified Immunity Because the section 1983 claims against Bubb and Cox fail to state a claim upon which relief can be granted, it is unnecessary to consider whether qualified immunity applies. IV.

Clark v. Bakst (In re Trafford Distributing Center, Inc.)

520 B.R. 147 · United States Bankruptcy Court, S.D. Florida. · Oct 28, 2014

from suit under derived or qualified judicial immunity. … Even if the Barton doctrine does not apply, and the state causes of action exist, those causes of action are barred by operation of derived or qualified judicial immunity.

Andrews v. Florida Parole Com'n

768 So. 2d 1257 · District Court of Appeal of Florida · Oct 18, 2000

Florida's highest court has clearly established that the doctrine of judicial immunity exists in Florida apart from the concept of sovereign immunity; that this type of immunity embraces persons who exercise a judicial or … In our view, the Commission was clearly acting in a quasi-judicial capacity in establishing the terms and length of Andrews' conditional release, and in the issuance of the warrants for his arrest and re-commitment to the

Shinholster v. Graham

527 F. Supp. 1318 · District Court, N.D. Florida · Nov 30, 1981

Clearly, on their face, Sections 111.07 and 111.071 substantiate the conclusion that neither Section 768.28 by itself, or coupled with Chapter 284, should be construed as a waiver of Eleventh Amendment immunity by the State … Similarly, the legislative history of those statutes clearly demonstrates that it was neither the intent nor the desire of the Florida legislature to waive the Eleventh Amendment immunity by enactment of those statutes.

State v. McSwain

440 So. 2d 502 · District Court of Appeal of Florida · Nov 9, 1983

The “evidence so produced” in section 914.-04, to us, clearly refers to the earlier provision in the statute providing that a witness is not excused from “producing any book, paper, or other document” and has nothing to do … compelled testimony in this prosecution even to establish the fact (innocent in and of itself) of ownership of the vehicle.

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."

Making Ends Meet, Inc. v. Cusick

719 So. 2d 926 · District Court of Appeal of Florida · Sep 2, 1998

However, [t]he right of a lessor to disapprove of prospective assignees of a lease does not render the lessor immune from an action for tortious interference with the business *928 of the lessee where it can be shown that … The qualified privilege established in Genet "carries with it the obligation to employ means that are not improper. In other words, the privilege does not encompass the purposeful causing of a breach of contract."

Anthony Rojas v. University of Florida Board of Trustees

Supreme Court of Florida · Jul 17, 2025

Section 1009.24(14)(r) authorizes universities to establish “transportation access fees.” … Because “the legislature has clearly intended” that the contracts it authorizes “be valid and binding on both parties,” it therefore waives the sovereign immunity that would render them not binding on the government.

In Interest of GGP

382 So. 2d 128 · District Court of Appeal of Florida · Apr 2, 1980

The tape clearly shows that appellant believed that the promise of immunity made by the St. Cloud officer covered all the burglaries. … Unless it could be effectively and clearly demonstrated that appellant understood that the Osceola deputy would not cooperate with the St.

Tasis v. Marceno

District Court, M.D. Florida · Apr 22, 2025

At the motion-to-dismiss stage, the Court must find entitlement to qualified immunity and dismiss “if the complaint fails to allege the violation of a clearly established right.” Id. … Instead, he seems to argue that a “broader, clearly established principle” defeats qualified immunity. Id. (quoting Keating, 598 F.3d at 766).

L.S.T. Inc. v. Crow

834 F. Supp. 1355 · District Court, M.D. Florida · Oct 5, 1993

As basis therefor, Defendants assert that probable cause existed for the arrests from which these charges flow, and thus, they are entitled to a qualified immunity from liability under 42 U.S.C. § 1983 . … As basis therefor, Defendants assert that probable cause existed for the arrests of April 15, 1990 and May 6, 1990, and as such, Defendants are entitled to a qualified immunity from liability under 42 U.S.C. § 1983 .

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.

Cozort v. State Farm Mutual Automobile Insurance

233 F.R.D. 674 · District Court, M.D. Florida · Jun 3, 2005

Thus, the immunity is qualified and, under the traditional Rule 26 analysis, the items are discoverable upon a sufficient showing of substantial need and undue hardship. See Hickman v. … These documents should be clearly identified as post-coverage litigation documents on the amended privilege log, and described with sufficient specificity to allow for evaluation of the applicability of any such privilege

In Re Executive Assignment of State Attorney

298 So. 2d 382 · Supreme Court of Florida · Aug 6, 1974

Florida Statutes, Section 27.14, requires that such extension be approved by the Supreme Court of Florida which thus far has not been done, and such law clearly indicates a public policy that a State's Attorney should not … The order being reviewed grants immunity from investigation and indictment to political candidates. The order does not give such immunity to other persons.

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.

Sturiano v. Brooks

523 So. 2d 1126 · Supreme Court of Florida · Mar 24, 1988

The doctrine of interspousal tort immunity has a long and established history in Florida law. … Snowten is clearly distinguishable on the facts. In that case, because both spouses were alive, the policy reasons for barring the action were strong.