Case law

Wilson v. State, Department of Administration, Division of Retirement

10 Fla. L. Weekly 1571 · District Court of Appeal of Florida · Jun 25, 1985

The continuing strike made the deadline established by Dade County in the January 15, 1962, notice impractical, if not impossible. … McMullian in his deposition of July 14, 1982, Petitioners instituted proceedings before the Dade County Board of County Commissioners for a determination that they were qualified to purchase their past service under Section

ANDREW BRYANT SHEETS v. TONY PRIBBLE, in personal and professional capacity; LINDA ARMSTRONG, in personal and professional capacity; JULIE SEARGENT, in personal and professional capacity; ROBERT CESTARO, in personal and professional capacity; AND HECTOR FLORES, in personal and professional capacity

District Court, M.D. Florida · Jul 24, 2026

This leaves the issue of qualified immunity. Qualified immunity is a question of law which may be asserted in a Rule 12(b)(6) motion to dismiss. See Smith ex rel. Smith v. … The Court has twice before considered Sheets’ claims and the issue of qualified immunity.

Dalton

District Court, M.D. Florida · Mar 17, 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 … Blitz is entitled to qualified immunity as to Count I because it “fails to allege the violation of a clearly established constitutional right.”

Gervin v. Andrews

826 So. 2d 504 · District Court of Appeal of Florida · Sep 25, 2002

Gervin remains a licensed neurosurgeon, qualified to testify in future proceedings, whether those proceedings are in Broward County or elsewhere. … NOTES [1] Because the issue was not raised below, we do not consider the application of judicial immunity or its scope. See Kundrat v.

Ago

Florida Attorney General Reports · Jun 25, 2008

Clearly, a municipality's attempt to regulate firearms is null and void. 5 However, the general provisions in section 790.33 , Florida Statutes, recognize that local zoning ordinances which affect other businesses in the … City of South Miami , 812 So. 2d 504 (Fla. 3rd DCA, 2002) (municipal ordinance establishing certain safety standards for firearms null and void as regulation preempted to the state) and Rinzler v.

Lache v. Bal Harbour Hotel, LLC

104 F. Supp. 3d 1379 · District Court, S.D. Florida · May 12, 2015

Abernathy, 442 So.2d 953 (Fla.1983), either by carrying insurance through an authorized carrier or by qualifying as a self-insurer, Allison Devs., Inc. v. Rudasill, 202 So.2d 752, 752-55 (Fla.1967). … Plaintiffs argue that Defendants are not entitled to workers’ compensation immunity because they have failed to establish a contractor-subcontractor relationship between the Resort and USA Parking. See Response at 2.

Olive v. Maas

811 So. 2d 644 · Supreme Court of Florida · Feb 14, 2002

or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. § 86.011, Fla Stat. (2000). … Obviously, the Makemson standard clearly envisions an "as applied" analysis.

Casado v. Miami-Dade Cnty.

340 F. Supp. 3d 1320 · District Court, S.D. Florida · Oct 23, 2018

Bryant , 502 U.S. 224 , 227, 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (emphasis in original; other alterations omitted) (addressing qualified immunity). … The allegations in the Amended Complaint fail to qualify as extreme and outrageous conduct to maintain *1333 a claim for intentional infliction of emotional distress.

State Road Department v. Falcon, Inc.

157 So. 2d 563 · District Court of Appeal of Florida · Nov 13, 1963

It is significant to note that the testimony found prejudicial in the order granting new trial was not deemed prejudicial on the grounds that the witnesses were not expert; indeed, the witnesses were qualified and their status … as "experts" established and conceded during trial.

Fields v. Chatmon

District Court, M.D. Florida · Aug 7, 2025

“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  

Rauen v. City of Miami

613 F. Supp. 2d 1324 · District Court, S.D. Florida · Sep 17, 2007

immunity. … The undersigned has already determined that Plaintiffs have demonstrated a jury issue regarding the violation of their First Amendment rights and therefore addresses only the qualified immunity issue.

Bryant v. Gray

70 So. 2d 581 · Supreme Court of Florida · Feb 23, 1954

We have held that the moving party should show a doubt as to the existence or nonexistence of some right, status, immunity, power or privilege. Caldwell v. North, 157 Fla. 52 , 24 So.2d 806 ; Ready v. … Holley, Fla., 59 So.2d 636, 639 , we held that "Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration

State Board of Funeral Directors & Embalmers v. Cooksey

147 Fla. 337 · Supreme Court of Florida · May 30, 1941

It is of importance to all that such a business be conducted properly and only by those who are qualified to carry out its responsibilities. … Powell and was, therefore, clearly admissible.” So, in this case the evidence as to the entire transaction which culminated in the preparation and shipment of the body from St.

Higgins v. State Farm Fire and Cas. Co.

894 So. 2d 5 · Supreme Court of Florida · Sep 30, 2004

of any "immunity, power, privilege, or right" but also in suits solely seeking a determination of any fact affecting the applicability of an "immunity, power, privilege, or right." … This clearly invokes the court's jurisdiction under section 86.011(2) and not section 86.021.

Fuller v. The City of Miami

District Court, S.D. Florida · Sep 12, 2024

LEGAL STANDARD — QUALIFIED IMMUNITY “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 … Clearly Established Right To defeat Defendant Marrero’s qualified immunity, Plaintiffs must also prove that Marrero violated a constitutional right that “was ‘clearly established’ at the time of the challenged conduct

Ago

Florida Attorney General Reports · Sep 15, 1989

If the board is authorized to establish such a self insurance fund, is the fund subject to the limits of liability set forth in s. 768.28 , F.S.? In sum, I am of the opinion that: 1. … The statute requires each local government unit which self insures to contract with an insurance company or professional administrator qualified and approved by the Department of Insurance to administer the plan. 8 Section

Ago

Florida Attorney General Reports · Jan 13, 1975

SUMMARY: National banks and federal savings and loan associations are not subject, due to federal immunity, to the report filing and fee requirements of ss. 608.3205 and 608.332, F.S. … Declarations of Trust are established by and organized pursuant to Ch. 609 , F.S. These Trusts are subject to the Florida corporate income tax pursuant to s. 220.03 (1)(b), F.S.

Routly v. State

590 So. 2d 397 · Supreme Court of Florida · Oct 17, 1991

We also find that Routly has failed to establish that counsel was ineffective in the guilt phase of trial. … State, 398 So.2d 432, 438 (Fla. 1981) (jury recommendation "should not be overruled unless, based on the aggravating circumstances and the lack of mitigating circumstances, a sentence of death is clearly appropriate").

Brown v. South Broward Hospital Dist.

402 So. 2d 58 · District Court of Appeal of Florida · Aug 12, 1981

If this were the sole basis for the trial court's order, then it would be clearly erroneous, as suggested by appellant. … The test for application of the immunity rule is whether the party against whom relief is sought had the duty or liability to provide worker's compensation coverage. Immunity is co-extensive with that duty. Smith v.

Royal Insurance v. P.S.I. Agency, Inc. (In Re Clearwater Bay Marine Service, Inc.)

236 B.R. 285 · United States Bankruptcy Court, M.D. Florida · Jun 23, 1999

Before considering whether, based on these facts, Royal established a viable claim based on the alleged negligence of the Trustee, it is necessary to consider at the outset whether the doctrine of derived judicial immunity … Clearly, it was the Trustee’s duty to ensure that the premises were secure.