Judicial Notice Of Municipal Ordinances

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

• State v. Holmes
  256 So. 2d 32· Fla. 2d DCA· 1971-12-10 ·cited 70×
  This case addresses whether a traffic arrest can lawfully support seizure of evidence of more serious crimes in plain view, and whether courts may take judicial notice of municipal traffic ordinances. The court reversed the suppression order and remanded for determination of whet
• Dewell v. Lawson
  489 F.2d 877· 10th Cir.· 1974-01-07 ·cited 52×
  The court, in part, affirmed the dismissal of the action against the City of Oklahoma City and the Chief of Police, finding the complaint did not state a civil rights cause of action under 42 U.S.C. § 1983.
• Conrad v. Jackson
  107 So. 2d 369· Fla.· 1958-12-03 ·cited 26×
  The Florida Supreme Court affirmed a trial court decree requiring removal of a garage constructed by Conrad in violation of the municipal zoning ordinance's rear yard requirements. The Court rejected appellants' arguments that the construction did not violate the ordinance and th
• Younghans v. State
  97 So. 2d 31· Fla. 3d DCA· 1957-09-10 ·cited 26×
  Samuel Younghans, a Miami police officer, was convicted under Florida Statute § 838.06 of unlawfully accepting $7 from a man he had detained on a morals charge, in exchange for releasing him. The appellate court affirmed, holding that a valid municipal ordinance was not an essent
• Holmes v. State
  273 So. 2d 753· Fla.· 1972-12-20 ·cited 25×
  The Florida Supreme Court resolved a conflict in district court decisions regarding whether trial courts may take judicial notice of municipal ordinances. The Court held that trial courts may permissively, at their discretion, take judicial notice of ordinances they are charged w
• Anne Powers v. State
  370 So. 2d 854· Fla. 3d DCA· 1979-05-08 ·cited 20×
  Anne Powers was convicted in county court of offering to commit prostitution in violation of Florida state law. The Third District Court of Appeal issued a writ of certiorari to quash the conviction, holding that Powers was entitled to a jury trial, had properly demanded one, and
• State v. City OF Miami
  158 Fla. 26· Fla.· 1946-10-11 ·cited 18×
  The court held that without the relevant municipal ordinance being part of the record, the appellate court cannot consider its applicability, and thus, the lower court's decision must be affirmed.
• Nicholas v. First Interstate Dev. Corp.
  315 So. 2d 238· Fla. 4th DCA· 1975-07-11 ·cited 13×
  In this zoning appeal, the Florida District Court of Appeal affirmed a trial court's decision granting appellee First Interstate Development Corporation's application for a special exception to build a residential planned unit development (RPUD) in an R-1 zoning district. The app
• Gardner v. Cap. Transit Co.
  152 F.2d 288· D.C. Cir.· 1945-12-17 ·cited 12×
  The court held that the trial court's jury instructions regarding the respective rights and duties of street cars and automobiles on public streets were sufficient, and that the verdict was not against the weight of the evidence.
• D. L. C. v. State
  298 So. 2d 480· Fla. 1st DCA· 1974-08-08 ·cited 8×
  A 15-year-old juvenile appeals the denial of his motion to suppress marijuana found during a police search, challenging whether the initial stop and arrest were lawful. The Florida appellate court affirmed the conviction, holding that the officer lawfully arrested the juvenile ba
• Applied Research Labs. OF Fla., Inc. v. Porter Homer
  249 So. 2d 732· Fla. 3d DCA· 1971-06-29 ·cited 8×
  Applied Research Laboratories appealed the dismissal of its complaint against Leach, director of Dade County's Department of Pollution Control, for alleged malfeasance or nonfeasance. The court affirmed the dismissal but reversed to allow the plaintiff to file a further amended c
• Wilkins v. Tebbetts
  216 So. 2d 477· Fla. 3d DCA· 1968-12-10 ·cited 6×
  A tenant appealed an unlawful detainer judgment, arguing that a landlord cannot evict solely in retaliation for reporting housing code violations to authorities. The court affirmed the judgment, holding that the tenant failed to properly plead a violation of a specific municipal
• State ex rel. Mrs. Helen Foster v. Yocum
  140 Fla. 53· Fla.· 1939-09-15 ·cited 6×
  Mrs. Helen Foster and Charles F. Dow sought habeas corpus relief after conviction in municipal court for disorderly conduct under a Miami Beach ordinance. The Florida Supreme Court affirmed the lower court's remand, holding that petitioners failed to establish the ordinance's ins
• Mitchell v. City OF Fort Lauderdale
  254 So. 2d 824· Fla. 4th DCA· 1971-11-30 ·cited 4×
  Mitchell and Slaton sought transfer of municipal ordinance violations to state court for jury trial under Florida Statute Section 932.61. The Fourth District held that when charging documents do not clearly demonstrate a municipal violation also violates state law, the defendant
• Bryant v. Liberty Mut. Ins. Co.
  407 F.2d 576· 4th Cir.· 1969-02-20 ·cited 4×
  The court held that the insurer properly invoked the defense of non-cooperation and that the supplementary payments provision of the policy did not apply to the uninsured motorist endorsement.
• Roberts v. State
  75 So. 2d 582· Fla.· 1954-10-29