long-recognized principle in Florida

2004Instruction, 156 Fla. 222 , 22 So.2d 892, 893 (1945).

2004Instruction, 156 Fla. 222 , 22 So.2d 892, 893 (1945).

2026See Miller v. Murray, 68 So. 2d 594, 596 (Fla. 1953) (“In addition to establishing the fact that an oral contract for sale was made, proof must be submitted as to the following: payment of all or part of the consideration, whether it be in money or in services; possession by the alleged vendee; and the making by the vendee of valuable and permanent improvements upon the land with the consent of the vendor—or, in the absence of improvements, the proof of such facts as would make the transaction a fraud upon the purchaser if it were not enforced.”).

2025See Logan v. State, 846 So. 2d 472 , 473 n.1 (Fla. 2003).

2019We begin our analysis with the long-recognized principle that on appeal, “the defendant bears the burden of demonstrating that an error occurred in the trial court.” Jones v. State, 923 So. 2d 486, 488 (Fla. 2006) (quoting Goodwin v. State, 751 So. 2d 537, 544 (Fla. 1999)).

2019We begin our analysis with the long-recognized principle that on appeal, “the defendant bears the burden of demonstrating that an error occurred in the trial court.” Jones v. State, 923 So. 2d 486, 488 (Fla. 2006) (quoting Goodwin v. State, 751 So. 2d 537, 544 (Fla. 1999)).

2002This lack of language by Congress stating the basis of its power to legislate is not fatal because the Supreme Court has acknowledged the long-recognized rule that `[t]he constitutionality of action taken by Congress does not depend on recitals of the power which it undertakes to exercise.'" Hundertmark v. State of Fla., Dept. of Transp., 205 F.3d 1272, 1274-75 (11th Cir. 2000).

2000See, e.g., Orange County Bd. of County Commissioners v. Brenemen, 233 So.2d 377 (Fla.1970); Holiday Foliage v. Anderson, 642 So.2d 94 (Fla. 1st DCA 1994); Broadfoot v. Albert Hugo Ass'n, Inc., 478 So.2d 863 (Fla. 1st DCA 1985); Daytona Linen Service v. Davis, 454 So.2d 46 (Fla. 1st DCA 1984).

2000And see Closet Maid, 763 So.2d at 383 (section 440.09(1) does not alter the long-recognized principle that the cause of a workplace injury may be established by either medical or lay evidence, or both).

1984The standard for determining whether the evidence provides a legal basis for punitive damages in negligence cases is set forth in Carraway v. Revell, 116 So.2d 16, 20, n. 12 (Fla. 1959): The character of negligence necessary to sustain an award of punitive damages must be of `a gross and flagrant character, evincing reckless disregard of human life or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disreg

1981See Towles v. Azar, 112 Fla. 405 , 150 So. 734 (1933).

1981See Towles v. Azar, 112 Fla. 405 , 150 So. 734 (1933).