Case law

Russell v. Southeast Housing, LLC

162 So. 3d 262 · District Court of Appeal of Florida · Mar 11, 2015

“The federal government’s immunity from state taxation was established by the United States Supreme Court in McCulloch v. … In so holding, the trial court relied upon two tax cases involving the issue of ownership for purposes of qualifying for an exemption under Florida law.

RMS Titanic, Inc. v. French Republic (In re RMS Titanic, Inc.)

569 B.R. 825 · United States Bankruptcy Court, M.D. Florida · Apr 25, 2017

In fact, it is a well-established principle of statutory construction that Congress may abrogate a sovereign’s immunity by enacting a statute that clearly establishes the abrogation. State of Florida v. … Within its text, the document does not expressly award unconditional title of the Artifacts to the Debtor’s predecessor, and the record does not clearly evidence the legal effect of the document or the nature of the interest

Fowler

District Court, M.D. Florida · Mar 23, 2026

“A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within … Ordinarily, “it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’ ” Corbitt, 929 F.3d at 1311

Rose v. Harris

District Court, S.D. Florida · Jul 7, 2025

Factual detail in the pleadings is particularly necessary in cases involving qualified immunity, where the Court must determine whether a defendant’s actions violated a clearly established right. GJR Investments v. … Plaintiffs assert that qualified immunity does not apply because Ms. Faso violated Ms. Rose’s clearly established rights, including her “rights against discrimination.” DE 52 at 13.

Herzfeld v. Herzfeld

781 So. 2d 1070 · Supreme Court of Florida · Mar 15, 2001

Capitell, 539 So.2d 264, 266 (Ala.1989) ("Because the [parental immunity] doctrine was judicially created, it is not exclusively a legislative issue and it may be judicially qualified."); Goller v. … Hartman, 821 S.W.2d 852, 855-57 (Mo.1991). [7] Thirty-two states have established exceptions to the doctrine.

Mobley v. State

132 So. 3d 1160 · District Court of Appeal of Florida · Jan 2, 2014

Section 776.012(1), (2), clearly states where the danger of death, great bodily harm or the commission of a forcible felony is “imminent,” the use of deadly force is justified. … warrants immunity.”).

Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

843 So. 2d 245 · Supreme Court of Florida · Mar 20, 2003

The Board has petitioned to amend or create these rules: rule 1-14.1 (purpose of background investigations); rule 1-65 (disclosure of information); rules 1-70, 1-71, and 1-72 (immunity and privilege); rule 2-10 (application … Indeed, the undoubtable final conclusion was that each of the panels clearly condemned the current pass/fail line.

State Farm Florida Insurance Co. v. Marascuillo

161 So. 3d 493 · District Court of Appeal of Florida · Jul 3, 2014

Bolen, 997 So.2d 1194, 1196 (Fla. 5th DCA 2008) (cer- *497 tiorari proceeding noting the “well-established” rule in Florida “that an insurer’s claims file constitutes work-product”); cf. Allstate Indemnity Co. v. … retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is related”).

Konikov v. Orange County, Florida

302 F. Supp. 2d 1328 · District Court, M.D. Florida · Jan 2, 2004

Qualified Immunity of the Individual Defendants Finally, the Individual Defendants have raised the defense of qualified immunity in this case. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Nizzo v. Amoco Oil Company

333 So. 2d 491 · District Court of Appeal of Florida · Aug 3, 1976

We hasten to point out that we are dealing in the instant case with a pleading and not with established facts. … . *494 The 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 of the lessee where it can be shown that the actions

Pagan v. Sarasota County Public Hospital Board

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

Paulus has any legal need to resolve the question of immunity in this action. … However, the trial court clearly did not intend this, and section 86.091 does not permit it. See also Fasig v. Fla. Soc’y of Pathologists, 769 So.2d 1151, 1154 (Fla. 5th DCA 2000). Dr.

Walker

District Court, M.D. Florida · Mar 9, 2026

“Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the ‘complaint fails to allege the violation of a clearly established constitutional right.’” Corbitt v. … A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional

Comuntzis v. Pinellas County School Bd.

508 So. 2d 750 · District Court of Appeal of Florida · Jun 5, 1987

See *752 also Restatement of Torts (Second) § 320 and comments following. [1] The action or inaction complained of here clearly falls under category IV: providing professional, educational and general services. … However, the analogy is useful and can be stated as thus: a school board has the discretionary authority to establish or not establish a particular school and is immune from suit on that discretionary question.

Morton v. Gardner

513 So. 2d 725 · District Court of Appeal of Florida · Sep 29, 1987

The Mortons contend that the judgment in their favor in the forfeiture proceeding establishes that the seizure and the subsequent detention of their vessel were unlawful and entitles them to recover damages in a tort action … probable cause, instructed the jury: "If the greater weight of the evidence discloses that the State had probable cause to seize the vessel and had the right to institute forfeiture proceedings, the State is entitled to qualified

Sotomayor v. Huntington Broward Associates L.P., Ltd.

697 So. 2d 1006 · District Court of Appeal of Florida · Aug 13, 1997

parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor ... engaged on such contract work shall be deemed to be employed in one and the same business or establishment … Clearly, the legislature could have granted a broader statutory employer immunity by creating statutory employer status in any circumstance in which a business engages a subcontractor to perform a part of the business’ regular

Motchkavitz v. L. C. Boggs Industries, Inc.

384 So. 2d 259 · District Court of Appeal of Florida · Jun 4, 1980

They further argue that judicial precedent has extended immunity to a subcontractor only when there was a general contractor involved, Younger v. … Boggs was clearly May’s subcontractor. Nothing more should be required to afford Boggs the umbrella of immunity which May enjoys. Conklin v. Cohen, 287 So.2d 56 (Fla.1973).

Anna Maria Curcio v. State of Florida Department etc.

164 So. 3d 750 · District Court of Appeal of Florida · May 26, 2015

unequivocal waiver of sovereign immunity for the statutory claims alleged by Appellant. … Clearly, here, under the undisputed facts, the ticket was “produced or issued in error”, and it also was “lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery

Pereyra-Diaz v. City of Doral

District Court, S.D. Florida · Sep 23, 2024

A constitutional right is “clearly established” for qualified immunity purposes if the state actor had “fair warning” that her conduct was unconstitutional via precedent from “the United States Supreme Court, the Eleventh … Thus, our analysis will center on whether Plaintiff’s allegedly violated rights (i.e., her liberty interest and her property interest) were clearly established for qualified immunity purposes.

In Re Harris

188 B.R. 444 · United States Bankruptcy Court, M.D. Florida · Sep 27, 1995

Under the established federal legal system, the decisions of one Circuit are not binding on other Circuits. … The Supreme Court did not specify what elements must be established to determine whether or not a Plan is an ERISA-qualified Plan.

State, Dept. of Corrections v. Vann

650 So. 2d 658 · District Court of Appeal of Florida · Feb 9, 1995

Second, it is important to recognize that the enactment of the statute waiving sovereign immunity did not establish any new duty of care for governmental entities. … This principle is clearly stated by the Florida Supreme Court in Department of Health and Rehabilitative Servs. v. Whaley, 574 So.2d 100 (Fla. 1991).