In Pari Materia Doctrine

14 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• John DOE, M.D. v. Dep't OF Health
  948 So. 2d 803· Fla. 2d DCA· 2006-12-27 ·cited 13×
  Dr. John Doe, a physician under disciplinary investigation, challenged the Department of Health's subpoena seeking peer review records from a hospital. The court held that the Department may access peer review records under sections 458.331(9) and 458.337(3) for physician discipl
• Flossie E. LEE v. Thornburgh
  877 F.2d 1053· D.C. Cir.· 1989-06-27 ·cited 12×
  The National Historic Preservation Act's obligations are triggered only when a federal agency has the authority to license a project or approve expenditures for it; tangential involvement or encouragement does not suffice.
• Common Cause v. Fed. Election Comm'n
  842 F.2d 436· D.C. Cir.· 1988-03-15 ·cited 12×
  The dissenting judge would hold that the FEC's interpretation of 2 U.S.C. § 432(e)(4) defies common sense and Congress's intent to prevent confusion.
• N. Pac. Ry. Co. v. United States
  156 F.2d 346· 7th Cir.· 1946-07-08 ·cited 6×
  The court held that property used for military or naval purposes, even if not directly for combat, qualifies as 'military or naval property' under the Transportation Act of 1940, entitling it to land grant rates.
• Good Film, Ltd v. Baraya
  Fla. 2d DCA· 2019-07-10 ·cited 5×
  The appellate court denied petitions for writs of certiorari, upholding a lower court's decision to dismiss a defamation suit. The court held that Florida's presuit notice statute for defamation claims applies only to "media defendants" and not to book or movie producers.
• Dole v. Petroleum Treaters, Inc.
  876 F.2d 518· 5th Cir.· 1989-07-06 ·cited 4×
  The court held that employees performing substantial non-seaman duties are not exempt from the Fair Labor Standards Act's overtime provisions, even if they qualify as seamen under the Jones Act.
• Anne McQueen v. Baskin
  377 So. 3d 170· Fla. 2d DCA· 2023-11-17 ·cited 3×
  The appellate court reversed a lower court's dismissal of a defamation lawsuit. The lower court had found the statements made by the defendant on her vlog and website to be non-defamatory opinions and protected speech under Florida's Anti-SLAPP statute. The appellate court disagr
• State v. Peraza
  226 So. 3d 937· Fla. 4th DCA· 2017-08-30 ·cited 3×
  A Florida appellate court held that law enforcement officers are entitled to seek immunity under Florida's Stand Your Ground law (sections 776.012 and 776.032) when using deadly force, rejecting the argument that officers are limited to a qualified immunity defense under section
• Heilman v. State
  135 So. 3d 513· Fla. 5th DCA· 2014-03-28 ·cited 2×
  A correctional officer charged with aggravated battery sought to invoke Florida's "stand your ground" defense under section 776.032 but was denied by the trial court, which held that section 944.35(1)(a)—the statute governing authorized use of force by correctional officers—precl
• Henriette LaFrance v. Guardian Advocacy of Jayden Emile
  401 So. 3d 379· Fla. 4th DCA· 2025-01-22 ·cited 1×
  A person with a prior felony conviction is statutorily disqualified from appointment as a guardian advocate because Florida Statute § 393.12(10) requires that a guardian advocate be qualified to act as a guardian, and § 744.309(3) disqualifies any person convicted of a felony fro
• State v. Waiters
  Fla. 2d DCA· 2022-09-23
  Section 893.21(2) requires proximate causation, not "but for" causation, to establish immunity from prosecution for drug-related offenses. An outstanding arrest warrant constitutes an intervening, superseding cause that severs the causal connection between seeking medical assista
• Refaie v. Bayview Loan Servicing
  Fla. 2d DCA· 2021-05-14
  The court reversed an order granting surplus foreclosure proceeds to BB&T, finding BB&T's claim was untimely. The key issue was when the 60-day period to claim surplus funds begins, which the court determined starts with the filing of the certificate of disbursements.
• Libbey Glass v. The United States
  921 F.2d 1263· Fed. Cir.· 1990-12-18
  The appellate court affirmed in part and reversed in part a final judgment, holding that the trial court properly asserted long-arm jurisdiction over the husband based on joint ownership of Florida real estate and the wife's claim for child support.
• City of Sweetwater v. Dade Cnty.
  45 Fla. Supp. 114· Fla. Cir. Ct.· 1976-03-03
  The City of Sweetwater sought declaratory relief to validate its annexation of five acres under Florida Statutes Section 171.16, but the court ruled the annexation invalid because Dade County's Home Rule Amendment and Charter established an exclusive method for municipal boundary