Case law

United States v. Guillaume

13 F. Supp. 2d 1331 · District Court, S.D. Florida · Aug 3, 1998

The Court finds that Congress, in enacting that statute, clearly intended to exclude plea agreements between a defendant and a prosecutor. Therefore, the motion to exclude the accomplice testimony is denied. … This exchange of reduced sentences or immunity for testimony presents the danger that a witness, influenced by his hope of obtaining a grant of immunity or a reduced sentence, will promise to testify to anything desired by

Conner v. Carlton

223 So. 2d 324 · Supreme Court of Florida · May 14, 1969

Immunization of heifer calves between 6 and 8 months of age with a standardized live vaccine, Brucella abortus strain 19, is a reasonably effective immunizing agent. … On the merits and contrary to the findings of the trial court, our assessment of the evidence in this case is that the Commissioner was clearly justified in inaugurating the program of brucellosis control in Martin County

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

20 So. 3d 915 · District Court of Appeal of Florida · Sep 25, 2009

legislature must have enacted a general law waiving the States sovereign immunity for the claim. … Here, Appellants have failed to cite any legislative enactment waiving the States immunity to the claims in Counts IV and V.

Provident Mgmt. Corp. v. TREASURE ISLAND

796 So. 2d 481 · Supreme Court of Florida · May 24, 2001

In this case, the equities clearly weigh in favor of the result we reach. … Despite the fact that the court's order did not expressly stipulate that the City would pay damages if the injunction ultimately was reversed, this condition of granting the injunction clearly was within the contemplation

Watson v. Edelen

76 F. Supp. 3d 1332 · District Court, N.D. Florida · Jan 5, 2015

Qualified Immunity Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … Qualified immunity is a defense not only from liability, but also from suit, so courts should ascertain the validity of a qualified immunity defense as early in the lawsuit as possible. See id.

Stewart v. Sun Sentinel Co.

695 So. 2d 360 · District Court of Appeal of Florida · Feb 12, 1997

duties of these defendants do not specifically include issuing press releases, these defendants are not protected by the absolute privilege attaching to statements by public officials incidental to their official duties established … Hurtado, as the trial court correctly found, was entitled to the absolute immunity afforded statements made in the course of judicial proceedings, even though the lawsuit had not yet been filed. Ange v.

Hargrove v. Town of Cocoa Beach

96 So. 2d 130 · Supreme Court of Florida · Jun 28, 1957

Fortune, 3 Fla. 19 , the Men of Devon decision was very clearly explained and distinguished. … We here merely recede from the prior cases in order to establish a rule which we are convinced will be productive of results more nearly consonant with the demands of justice.

Polk County v. Sofka

675 So. 2d 615 · District Court of Appeal of Florida · Apr 19, 1996

This Court and the district courts of appeal have established the principle that traffic control methods and the failure to upgrade intersections with traffic control devices are judgmental, planning-level decisions, which … However, the jury clearly resolved this issue in the plaintiff's favor. [2] City of St. Petersburg v.

Storm v. Town of Ponce Inlet

866 So. 2d 713 · District Court of Appeal of Florida · Jan 2, 2004

Writing for a small majority, Justice Overton said: The government clearly has no responsibility to protect personal property interests or ensure the quality of buildings that individuals erect or purchase. … Sovereign Immunity Based on A Discretionary Act of the Government.

United States v. Florida West International Airways, Inc.

853 F. Supp. 2d 1209 · District Court, S.D. Florida · Feb 10, 2012

Accordingly, as a preliminary matter, we conclude that Hidalgo and Florida West have third party beneficiary standing necessary to establish their immunity under the Plea Agreement (assuming, of course, they fall within this … But, we find Hidalgo’s and his witnesses’s testimony credible. 33 While Hi *1232 dalgo is indeed biased and motivated by his desire to establish immunity, the record evidence corroborates his position.

Sheets

District Court, M.D. Florida · Mar 25, 2026

Sheets Cannot Overcome Defendants’ Entitlement to Qualified Immunity The qualified immunity general principles are well- established … the filming to defeat qualified immunity.

MS v. Nova Southeastern University Inc.

881 So. 2d 614 · District Court of Appeal of Florida · Jul 21, 2004

In addition, the evidence established that Coastal hired and paid the salaries of the physicians. … Plaintiffs and the School Board argue that this provision clearly indicates that the parties did not intend for Nova to act as an agent of the School Board.

Kaisner v. Kolb

12 Fla. L. Weekly 1623 · District Court of Appeal of Florida · Jul 1, 1987

Moreover, the court's decision in Commercial Carrier did not discuss or consider conduct for which there would have been no underlying common law duty upon which to establish tort liability in the absence of sovereign immunity … The waiver was intended to be broad in its coverage, but clearly was not intended to create causes of action for activities that are inherently governmental in nature. Trianon Park, 468 So.2d at 921 .

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

by a sovereignly immune independent establishment of the state and which is subject to the type of control to which First Physicians Group is subject, is entitled to sovereign immunity. … The hospital district's immunity is not disputed by the Pagans. It is also well established that a physician employed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub.

Doe v. Escambia County School Bd.

599 So. 2d 226 · District Court of Appeal of Florida · May 18, 1992

Briefly, the evidence viewed in a light most favorable to the Does' case established the following. … The trial court erred in characterizing the plaintiff's cause of action as one for lack of adequate security; the complaint and the evidence of record clearly show that it is for the negligent breach of the school's duty

Pensacola Jr. College v. Montgomery

539 So. 2d 1153 · District Court of Appeal of Florida · Feb 28, 1989

We reiterate that the statutory waiver of sovereign immunity "must be clearly expressed and strictly construed... ." See Gerard v. … 627.7262, Florida Statutes, prevented the filing of a motion to dismiss until the trial was concluded and judgment was entered against the insured — is inapplicable to the facts of the case at bar since the record plainly established

Ago

Florida Attorney General Reports · Oct 4, 1990

The council shall be established by ordinance and composed of nine members who shall be appointed by the governing board. . . . … County tourism promotion agencies are clearly designated county agencies by the terms of s. 125.0104 (9), F.S.

In Re Omine

329 B.R. 343 · United States Bankruptcy Court, M.D. Florida · Aug 26, 2005

Weatherford, and Sam Pennington, currently an attorney with the Chapter 13 trustee’s office and a debtor’s attorney prior to taking that position, were qualified as expert witnesses. Both Ms. Weatherford and Mr. … The notice clearly was sent in violation of the automatic stay and again threatens various actions the Florida DOR intended to take against the debtor, including incarceration, garnishment, and revoking his drivers’ license

Spires v. State

180 So. 3d 1175 · District Court of Appeal of Florida · Dec 9, 2015

We deny the petition on the merits as the trial court’s factual findings are supported by competent substantial evidence, and we conclude that the trial court did not err by finding that the defendant failed to establish … warrants immunity”).

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida · Dec 20, 2024

Notwithstanding this argument, nothing in the record establishes that the Bureau of Consumer Assistance is a subdivision of DFS or that their mailing addresses are the same. … Additionally, Appellee cites no case law supporting her claims that notice to a subdivision of DFS qualifies as notice to DFS for purposes of section 768.28(6)(a).