Case law

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

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.

Ramsberger

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

Qualified Immunity in Individual Officer Suits “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … alleged the violation of a clearly established right.”

Schick v. Florida Dept. of Agriculture

12 Fla. L. Weekly 779 · District Court of Appeal of Florida · Mar 18, 1987

Governmental entities are clearly liable *1322 for this type of conduct as a result of the enactment of section 768.28, Florida Statutes (1983). Id. See also Hardie v. … In summary, we find the allegations of the second amended complaint state a cause of action for inverse condemnation and establish operational level activities with respect to the nematode eradication program.

Wendel v. Florida Department of Highway Safety & Motor Vehicles

80 F. Supp. 3d 1297 · District Court, M.D. Florida · Jan 21, 2015

To state a claim under Title II of the ADA, Plaintiff must allege: (1) that he is a qualified individual with a disability; (2) that he was excluded from participation in or denied the benefits of the services, programs, … [does] not go so far as to require public entities to impose on private establishments, as a condition of licensure, a requirement that they don’t discriminate”); Reeves v.

Sun Harbor Homeowners Ass'n v. Broward County Department of Natural Resource Protection

700 So. 2d 178 · District Court of Appeal of Florida · Oct 15, 1997

an immunity on petitioner, that immunity necessarily results from the legislature’s plenary power to abolish specific regulatory powers of a county by general law. … As we have just seen, the constitution has established a general immunity against attempted county regulation when the legislature has repealed the authority to regulate.

Ago

Florida Attorney General Reports · Jun 21, 1994

What documentary or record evidence would be sufficient to establish an immune real property transaction? In sum: 1. … was due on the transaction. 6 By approving the lower court's finding that no tax was due from the taxpayer corporations without requiring Orange County to have filed a circuit court condemnation action, the Supreme Court clearly

Boynton v. Allstate Ins. Co.

443 So. 2d 427 · District Court of Appeal of Florida · Jan 5, 1984

Boynton contends that Luke's immunity from suit only strengthens his entitlement to uninsured motorist benefits. … The court rejected this argument, stating: The policy now clearly envisions that where a bodily injury liability policy is applicable at the time of the accident, then the uninsured motorist portion of the policy is inapplicable

Harden

District Court, M.D. Florida · Jun 8, 2026

) (1) Qualified Immunity Principles The qualified immunity principles are well-established. … Plaintiff can show the law was “clearly established” in any of three ways: (1) identifying a qualifying case with indistinguishable facts;15 (2) relying on a broader, clearly established

Parent Ex Rel. Student v. OSCEOLA COUNTY SCHOOL

59 F. Supp. 2d 1243 · District Court, M.D. Florida · Jun 21, 1999

Qualified Immunity The defense of qualified immunity further insulates Paradiso and Collins from the plaintiffs' § 1983 claims. … To overcome the qualified immunity defense, a plaintiff must show that the official's "conduct violates a clearly established statutory or constitutional right of which a reasonable person would have known."

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.

Holland v. Mundella

District Court, M.D. Florida · Feb 26, 2025

Qualified Immunity “Qualified immunity protects government officials from individual liability unless they violate clearly established statutory or constitutional … And controlling precedent clearly establishes the illegality of Mundella’s alleged conduct.

Meeker v. Addison

586 F. Supp. 216 · District Court, S.D. Florida · Jul 6, 1984

herein shall provide limits as established by the provisions of s. 768.28 if a tort claim. … If it were to appear that Defendant ADDISON acted in good faith and with probable cause, that Defendant would be entitled to qualified immunity. See Harlow v.

FIRST UNION NAT. BANK OF FLA. v. Ford

636 So. 2d 523 · District Court of Appeal of Florida · Sep 10, 1993

As such, it has long been established by case law that they are immune from state, municipal, or other special districts' attempts to tax them. See Dickinson v. … Absent a waiver in the state constitution itself, which does not exist, counties do not need to qualify for statutory tax exemptions pursuant to Chapter 196, because the legislature lacks the power to tax them by passing

McLaughlin v. Metropolitan Dade County

191 So. 2d 615 · District Court of Appeal of Florida · Nov 1, 1966

The witnesses presented by the appellant established the following facts. … The appellant placed first on the list of those qualified for promotion under the Civil Service System by reason of his standing on the promotion examination.

Krouse v. Krouse

11 Fla. L. Weekly 1121 · District Court of Appeal of Florida · May 13, 1986

This claim, in our view, is governed by the principles established in Ard v. Ard, 414 So.2d 1066 (Fla. 1982). … because it was there alleged that the separated husband had committed intentional torts upon the plaintiff wife, clearly evincing marital disharmony.

Potter

District Court, M.D. Florida · Jan 30, 2026

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action.” … In the Eleventh Circuit, qualified immunity is generally unavailable in cases alleging Eighth Amendment excessive force because the use of force maliciously and sadistically to cause harm is clearly established

Abernathy v. Employers Ins. of Wausau

428 So. 2d 272 · District Court of Appeal of Florida · Dec 10, 1982

The legislature clearly intended to overrule Miami Roofing and, therefore, to permit tort actions by one subcontractor's employee against another subcontractor. … contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment

1550 Brickell Associates v. Q.B.E. Insurance

597 F. Supp. 2d 1334 · District Court, S.D. Florida · Feb 3, 2009

Clearly Erroneous QBE also argues that the Court clearly erred when it held that QBE could not claim work product immunity or attorney client privilege for documents created before 1550 Brickell filed its complaint. … work-product immunity.

Berry v. Smith

District Court, M.D. Florida · Jul 31, 2025

Qualified Immunity The general principles of qualified immunity are well- established. … Qualified immunity shields government officials from liability for torts committed in the course of discretionary duties, unless the conduct violates clearly established statutory or constitutional