Cirelli v. Ent (2004)

A statement in a judicial opinion that is "unnecessary to the resolution of the issue before the court" constitutes dicta and is "not controlling judicial precedent." Cirelli v. Ent, 885 So. 2d 423, 427 (Fla. 5th DCA 2004).

As such, “[t]he chief purpose of the act is to extinguish stale claims and ancient defects against the title to real property, and, accordingly, limit the period of [title] search.” Cirelli v. Ent, 885 So. 2d 423, 433 (Fla. 5th DCA 2004) (quoting City of Miami v. St.

There is then a clear public purpose in providing means of access to such lands so that they might be utilized in the enumerated ways.” Cirelli v. Ent, 885 So. 2d 423, 430 (Fla. Dist.

See, e.g., Parsons v. Culp, 328 So. 3d 341 , 354 (Fla. 2d DCA 2021) (Atkinson, J., concurring in part and dissenting in part) (quoting Cirelli v. Ent, 885 So. 2d 423, 427 (Fla. 5th DCA 2004) (concluding that a statement in another opinion "does not have the weight of controlling precedent" because "[a] statement in a judicial opinion that is 'unnecessary to the resolution of the issue before the court' constitutes dicta and is 'not controlling judicial precedent.' ")).

See, e.g., Parsons v. Culp, 328 So. 3d 341 , 354 (Fla. 2d DCA 2021) (Atkinson, J., concurring in part and dissenting in part) (quoting Cirelli v. Ent, 885 So. 2d 423, 427 (Fla. 5th DCA 2004) (concluding that a statement in another opinion "does not have the weight of controlling precedent" because "[a] statement in a judicial opinion that is 'unnecessary to the resolution of the issue before the court' constitutes dicta and is 'not controlling judicial precedent.' ")).

In other words, whether the judgment amount had been within the policy limits or whether execution of a judgment amount in excess of the policy limits had been stayed, the admonition to "wait[] until a determination is made on whether the plaintiff proved bad faith claims against an insurer before determining entitlement to an award of attorney's fees and costs against an insurer under section 768.79" would be equally applicable based on the premise that "the only enforceabl…

See, e.g. , Cirelli v. Ent , 885 So. 2d 423 , 427 (Fla. 5th DCA 2004) (deciding that the Supreme Court's inclusion of statutory ways of necessity in its holding was dicta because "the certified question concerned only common law ways of necessity" and "the facts and legal analysis discussed in the opinion concerned only common law ways of necessity").

See, e.g. , Cirelli v. Ent , 885 So. 2d 423 , 427 (Fla. 5th DCA 2004) (deciding that the Supreme Court's inclusion of statutory ways of necessity in its holding was dicta because "the certified question concerned only common law ways of necessity" and "the facts and legal analysis discussed in the opinion concerned only common law ways of necessity").

See Cirelli v. Ent, 885 So.2d 423, 427 (Fla. 5th DCA 2004).

See, e.g., Cirelli v. Ent, 885 So.2d 423, 433 (Fla.Dist.Ct.App.2004) (“Curative legislation only corrects certain minor or technical defects through the passage of time ... ”); Crum v. Butler, 601 So.2d 834, 837 (Miss.1992) (“a curative statute does not cure any defect and cannot be held to supply an acknowledgment when in fact there is no acknowledgment”) (emphasis in original); City of Scranton v. O’Malley Mfg.

See Cirelli v. Ent, 885 So.2d 423, 427 (Fla. 5th DCA 2004) (characterizing as dicta statement addressing issue not within scope of certified question); accord Johnson v. State, 557 So.2d 203, 206 (Fla. 5th DCA 1990) (Harris, J., concurring specially).

Weekly S614 (Fla. Oct. 21, 2004); see also Cirelli v. Ent, 885 So.2d 423 (Fla. 5th DCA 2004).