green
Positive treatment
Quoted verbatim 11×
8.2 score
G Cite
cited 4× by 4 distinct cases, last quoted 2002 ·
…when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way
⚠ not in text
cited 3× by 3 distinct cases, last quoted 2010 ·
…when the legislature has prescribed the mode, that mode must be observed.
⚠ not in text
Treatment trajectory · 1952 → 2026 · click a year to view as-of
1952
1989
2026
Top citers, strongest first. 49 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed.
discussed
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed.
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way.
discussed
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way.
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way
discussed
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed.
examined
Cited as authority (quoted)
Ago
when the legislature has prescribed the mode, that mode must be observed. when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way. . . .
cited
Cited as authority (rule)
Sun Coast Intern. Inc. v. Dept. of Bus. Reg.
Alsop v. Pierce, 155 Fla. 185, 196-97 , 19 So.2d 799, 805-06 (Fla. 1944) (en banc).
discussed
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). 8 See, Green v. Galvin, 114 So.2d 187 (Fla. 1st DCA 1959), cert. den'd, 116 So.2d 775 (Fla. 1959), appeal dism'd, 117 So.2d 844 (Fla. 1960).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976).
discussed
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). 11 See, Rule 6A-2.022 (3), F.A.C., relating to day labor projects. 12 See, s. 440.572 , F.S. 13 Section 768.28 (1), F.S. (1992 Supp.). 14 See, s. 768.28 (2), F.S. (1992 Supp.), defining "state agencies or subdivisions" to include "the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of the state; counties and municipalities; and corporations primarily actin…
discussed
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); and Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). 17 Accord, AGO 83-2 (concluding that the head of a municipal law enforcement agency seizing a motor vehicle pursuant to the "Florida Contraband Forfeiture Act", ss. 932.701 - 932.704 , F.S. 1983, may not negotiate the release of the vehicle to a lienholder's agent prior to the institution of forfeiture proceedings, since ss. 932.703 (3) and 932.704 (3)(a) expressly provide that a bona fide lienholder's interest shall be preserv…
cited
Cited "see"
Ago
See , Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976).
discussed
Cited "see"
Ago
See, State v. Egan , 287 So.2d 1 , 4 (Fla. 1973). 12 Section 812.173 (7), Fla. Stat. (1990 Supp.). 13 See, s. 2, Ch. 90-346, Laws of Florida. 14 Section 812.173 (3), Fla. Stat. (1990 Supp.). 15 Alsop v. Pierce , 19 So.2d 799 , 805 (Fla. 1944). 16 See , s. 2, Ch. 90-346, Laws of Florida. 17 See, People's Bank of Jacksonville v. Arbuckle , 90 So. 458 (Fla. 1921), and City of St.
cited
Cited "see"
Ago
See, s. 3, Art VII, State Const., which provides exemptions from ad valorem taxation. 6 See, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944) and White v. Crandon, 156 So. 303 (Fla. 1934).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944), holding that a legislative direction as to the manner of doing a thing is an implied prohibition against its being done in any other manner.
discussed
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944) (express statutory direction as to the manner of doing a thing is implied prohibition of its being done in any contrary manner).
discussed
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944); Dobbs v. Sea Isle Hotel, supra. Therefore, the statutory requirement of an alphabetical file of registration forms as a master list of electors would appear to preclude the use of microfilm documents for such purpose.
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1952); Thayer v. State, 335 So.2d 815 (Fla. 1976).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976).
cited
Cited "see"
Ago
See , Alsop v. Pierce, 19 So.2d 799 (Fla. 1944); White v. Crandon, 156 So. 303 (Fla. 1934).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 806 (Fla. 1944); cf., White v. Crandon, 156 So. 303 (Fla. 1934).
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 806 (Fla. 1944); AGO 84-65 and cases cited therein.
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944), holding that an express direction as to how a thing should be done is an implied prohibition of its being done in any other manner.
cited
Cited "see"
Ago
See, Alsop v. Pierce, 19 So.2d 799 , 806 (Fla. 1944); cf., White v. Crandon, 156 So. 303 (Fla. 1934).
discussed
Cited "see"
Ago
See generally, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944) (a legislative directive as to how a thing should be done is, in effect, a prohibition against it being done in any other way; where the Legislature has prescribed the mode, that mode must be observed); White v. Crandon, 156 So. 303 (Fla. 1934); First National Bank of Key West v. Filer, 145 So. 204 (Fla. 1933); State ex rel.
cited
Cited "see"
Ago
See Alsop v. Pierce, 19 So.2d 799 , 805 , 806 (Fla. 1944); In re Advisory Opinion of Governor Civil Rights, 306 So.2d 520 , 523 (Fla. 1975).
cited
Cited "see"
Variety Children's Hosp., Inc. v. Perkins
See Alsop v. Pierce, 155 Fla. 185 , 19 So.2d 799, 803 (1944).
discussed
Cited "see"
Ago
See In re Advisory Opinion of Governor Civil Rights, 306 So.2d 520 (Fla. 1975), Interlachen Lakes Estates, Inc. v. Snyder, 304 So.2d 433 (Fla. 1973), Ideal Farms Drainage District et al . v. Certain Lands, 19 So.2d 234 (Fla. 1944), and Alsop v. Pierce, 19 So.2d 799 .
discussed
Cited "see, e.g."
Ago
See, also Op. Att'y Gen Fla. 87-20 (1987) (county commission authorized to adopt a ordinance containing conditions for vacation of all or portions of subdivisions and protections for affected persons by the board on its own initiative sufficiently distinguishable to avoid inconsistency with the terms of section 177.101 , Fla. Stat.). 8 See Alsop v. Pierce , 19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel , 56 So.2d 341 , 342 (Fla. 1952); and Thayer v.State , 335 So.2d 815 , 817 (Fla. 1976).
discussed
Cited "see, e.g."
Ago
See also s. 790.22 , Fla. Stat., providing for the seizure and disposal of any firearm that is possessed or used by a minor in violation of this section in accordance with s. 790.08 (1)-(6). 4 See generally Alsop v. Pierce , 19 So.2d 799 , 805-806 (Fla. 1944) (where Legislature prescribes the mode, that mode must be observed); Thayer v. State , 335 So.2d 815 , 817 (Fla. 1976). 5 I would note that Attorney General Opinion 85-92 concluded that once a sheriff decides to retain a discarded or abandoned weapon forfeited to the state, such weapon becomes tangible personal property of the sheriff's o…
discussed
Cited "see, e.g."
Ago
See also, Grabinger v. Conlisk, 320 F. Supp. 1213 , 1219 (N.D.Ill. 1970), affirmed, 455 F.2d 490 (7th Cir. 1972), noting "that a law enforcement officer is in a peculiar and unusual position of public trust and responsibility, and by virtue thereof, the public body has an important interest in expecting the officer to give frank and honest replies to questions relevant to his fitness to hold public office." 2 Pursuant to s. 112.531 (3), F.S., an "[e]mploying agency" is defined to mean "any municipality or the state or any political subdivision thereof which employs law enforcement officers or …
discussed
Cited "see, e.g."
Ago
Greenberg v. Florida State Board of Dentistry, 297 So.2d 628 (1 D.C.A.Fla., 1974), cert. dismissed, 300 So.2d 900 (Fla. 1974). 4 White v. Crandon, 156 So. 303 , 305 (Fla. 1934); see also, Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944). 5 Section 98.211(1)(a), F.S. 6 Section 98.111(1), F.S. 7 Section 98.211(1), F.S. 8 Section 98.211(2)(a), F.S. 9 Section 98.201(1), F.S. 10 See, s. 98.301(3), F.S. 11 See, Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952). 12 Section 40.02 (1), F.S. 13 Section 40.01 , F.S. 14 Section 40.013 , F.S. 15 At…
discussed
Cited "see, e.g."
Ago
See also, s. 161.053 , F.S., allowing the Department of Natural Resources to establish coastal construction control lines after determining that such lines are necessary for the protection of upland properties and the control of beach erosion and prohibiting construction or excavation seaward of designated coastal construction lines except as otherwise provided in Ch. 161 , F.S. 3 See, s. 161.101 (2), F.S., which in addition provides that the executive director of the department at his own initiative may take all necessary steps as soon as practicable and desirable to implement the provisions …
discussed
Cited "see, e.g."
Ago
See also, Alsop v. Pierce, 19 So.2d 799 (Fla. 1944) (express statutory direction as to how a thing is to be done is implied prohibition of its being done in any contrary manner).
cited
Cited "see, e.g."
Ago
White v. Crandon, 156 So. 303 , 305 (Fla. 1934); see also Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944).
Retrieving the full opinion text from the archive…
JAMES EDWARDS, Et Al.,
v.
JOHN O. EVANS CONSTRUCTION COMPANY, a Corporation Organized and Existing Under the Laws of the State of Florida
v.
JOHN O. EVANS CONSTRUCTION COMPANY, a Corporation Organized and Existing Under the Laws of the State of Florida
Supreme Court of Florida.
Nov 28, 1944.
Dewell Dewell and Robert J. Dewell, for appellants.
Harry E. King, for appellee.
Buford, Terrell, Chapman, Adams.
Cited by 4 opinions | Published
Citer courts: Florida Attorney General Reports (11)
PER CURIAM:
On April 29, 1941, James Edwards, as owner, and John O. Evans Construction Co., as contractor, signed a contract for the construction of a dwelling. Pertinent provisions, of the contract are viz: (1) the work was to be completed within ninety days; (2) the costs thereof was fixed at $8,300.00; (3) the drawings and specifications of the building previously agreed upon between the parties by appropriate language were made a part of the contract. Some work was done under the contract, resulting in a near completion of the building, when friction arose between the parties and the owner taking over and finishing the building.
[*264] Suit was brought for an accounting, when the contractor,' by answer, sought a builder’s lien on the property for materials and labor by him' expended on the building for the owner. Considerable testimony was offered by the respective parties. The owner contended that the contractor abandoned the contract and it became his lawful duty to take over the unfinished work and complete it. The contractor contended that he did not abandon the building, but the conduct and attitude of the owner was such that rendered it impossible for him to complete the building.
The lower court by appropriate order' ref erred the cause to a special master, with directions to take all the testimony and report the same, and the controversy was heard in the lower court on this report., We have carefully studied and considered all the evidence in the record and the briefs of counsel, and able oral argument has been heard at the bar of this Court. We find ample testimony in the record to support the findings and conclusions of the chancellor below. We hardly feel justified in holding as a matter of law that the contractor abandoned the construction work. The heavy investment by the owner in the property necessitated his immediate taking over and completion of the project. Evidence of wrong doing on the part of both parties appears in the record. It is for this reason that the interest on the $2,500.83 should be disallowed and the costs of this appeal equally divided between the parties.
The decree appealed from is modified so as to exclude interest and as modified is hereby affirmed. Costs of the appeal is assessed equally in amount against the parties.
It is so ordered.
BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.