Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
38 Florida opinions name it 3 courts 1911–2026 3 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re GAULTgreen2 sentences1983See In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) (privilege against self-incrimination obtains in juvenile delinquency proceedings); Aaron v. State, 284 So.2d 673 (Fla.1973) (criminal contempt proceedings effectively criminal in nature and persons accused entitled to basic constitutional rights). 1983See In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) (privilege against self-incrimination obtains in juvenile delinquency proceedings); Aaron v. State, 284 So.2d 673 (Fla.1973) (criminal contempt proceedings effectively criminal in nature and persons accused entitled to basic constitutional rights). | 2 | 2 |
Ronald Palmer Heath v. State of Floridagreen1 sentence2026See Heath v. State, 3 So. 3d 1017, 1021, 1035 (Fla. 2009) (affirming denial of initial motion for postconviction relief); Heath v. State, 237 So. 3d 931, 932 (Fla. 2018) (affirming denial of first successive motion for postconviction relief); Heath v. Tucker, No. 1:09-cv-00148-MCR, at *62 (N.D. | 1 | 1 |
State v. Gomezgreen1 sentence2026See State v. Gomez, 247 So. 3d 592, 594 (Fla. 3d DCA 2018) (“As this Court has previously held, a conviction and sentence become final for the purposes of rule 3.850 when this Court affirms following resentencing.”); see also Ross v. State, 947 So. 2d 699, 701 (Fla. 4th DCA 2007) (holding that rule 3.850 motion was timely filed where the motion was filed within two years of both the conviction and sentence becoming final). | 1 | 1 |
Heath v. Stategreen1 sentence2026See Heath v. State, 3 So. 3d 1017, 1021, 1035 (Fla. 2009) (affirming denial of initial motion for postconviction relief); Heath v. State, 237 So. 3d 931, 932 (Fla. 2018) (affirming denial of first successive motion for postconviction relief); Heath v. Tucker, No. 1:09-cv-00148-MCR, at *62 (N.D. | 1 | 1 |
Ross v. Stategreen1 sentence2026See State v. Gomez, 247 So. 3d 592, 594 (Fla. 3d DCA 2018) (“As this Court has previously held, a conviction and sentence become final for the purposes of rule 3.850 when this Court affirms following resentencing.”); see also Ross v. State, 947 So. 2d 699, 701 (Fla. 4th DCA 2007) (holding that rule 3.850 motion was timely filed where the motion was filed within two years of both the conviction and sentence becoming final). | 1 | 1 |
Weinberger v. Salfigreen1 sentence2024The Supreme Court summarized those purposes in Weinberger v. Salfi, 422 U.S. 749, 765 (1975), as follows: Exhaustion is generally required as a matter of preventing premature interference with agency processes, so that the agency may function efficiently and so that it may have an opportunity to correct its own errors, to afford the parties and the courts the benefit of 15 its experience and expertise, and to compile a record which is adequate for judicial review. | 1 | 1 |
Valdes v. Stategreen1 sentence2018Valdes v. State, 904 So. 2d 515, 516 (Fla. 3d DCA 2005). | 1 | 1 |
Asay v. Stategreen2 sentences2016See Asay II, 769 So. 2d at 978 n.5. 2016See Asay II, 769 So.2d at 978 n.5. | 1 | 1 |
Torres v. Stategreen2 sentences2016See U.S. Bank Nat’l Ass’n v. Proenza, 157 So. 3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So. 3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998); Falkner v. AmeriFirst 11I note that rule 1.540 is substantially modeled on rule 60 of the Federal Rules of Civil Procedure. 2016See U.S. Bank Natl Ass’n v. Proenza, 157 So.3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So.3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So.2d 827 (Fla. 3d DCA 1998); Falkner v. Ameriflrst Fed. | 1 | 1 |
Godwin v. Presleygreen1 sentence2013What constitutes “recently stolen” property for the purposes of applying the presumption is the issue presented in this case, where L.S. was found with the stolen gun in Fort Lauderdale nearly six months after its theft. 1 In Robinson v. State, 257 So.2d 300, 302 (Fla. 3d DCA 1972), the defendant was charged with knowingly buying a stolen firearm which the owner testified had been stolen “last year.” The state did not present evidence regarding how the defendant acquired the gun. | 1 | 1 |
Braun v. Stategreen1 sentence2011See Miller v. State, 848 So.2d 401, 402 (Fla. 2d DCA 2003) (citing Braun v. State, 789 So.2d 1250 , 1251 n. 1 (Fla. 4th DCA 2001) (holding that an oath in which the defendant swears the statements contained in the motion are true “to the best of my knowledge and belief’ is inadequate for the purposes of rule 3.850)). | 1 | 1 |
Preuss v. Stevensgreen2 sentences2011See Preuss v. Stevens, 150 Ariz. 6 , 721 P.2d 664 (1986) (holding that a trial court’s entry of summary judgment prior to acceptance of an offer of judgment renders the offer ineffectual for any purpose); Wersch v. Radnor/Landgrant-A Phoenix P’ship, 192 Ariz. 99 , 961 P.2d 1047 (1998) (upholding trial court’s rejection of plaintiffs attempt to accept a Rule 68 offer of judgment made after entry of summary judgment but within the thirty-day period within which such offers remain effective under the state rule); Day v. Krystal Co., 241 F.R.D. 474 (E.D.Tenn.2007) (disagreeing with Perkins , and h 2011See Preuss v. Stevens, 150 Ariz. 6 , 721 P.2d 664 (1986) (holding that a trial court’s entry of summary judgment prior to acceptance of an offer of judgment renders the offer ineffectual for any purpose); Wersch v. Radnor/Landgrant-A Phoenix P’ship, 192 Ariz. 99 , 961 P.2d 1047 (1998) (upholding trial court’s rejection of plaintiffs attempt to accept a Rule 68 offer of judgment made after entry of summary judgment but within the thirty-day period within which such offers remain effective under the state rule); Day v. Krystal Co., 241 F.R.D. 474 (E.D.Tenn.2007) (disagreeing with Perkins , and h | 1 | 1 |
Allen v. Stategreen1 sentence2011See Allen v. State, 854 So.2d 1255, 1262 (Fla.2003). | 1 | 1 |
Miller v. Stategreen1 sentence2011See Miller v. State, 848 So.2d 401, 402 (Fla. 2d DCA 2003) (citing Braun v. State, 789 So.2d 1250 , 1251 n. 1 (Fla. 4th DCA 2001) (holding that an oath in which the defendant swears the statements contained in the motion are true “to the best of my knowledge and belief’ is inadequate for the purposes of rule 3.850)). | 1 | 1 |
Forcelledo v. Stategreen1 sentence2005See Forcelledo v. State, 898 So.2d 1058 (Fla. 3d DCA 2005)(“The State is allowed to give notice under as many classifications as it chooses, where the State is prepared to show the defendant meets the statutory criteria.”); Cooper v. State, 817 So.2d 934 (Fla. 3d DCA 2002)(notice deficiency does not render a sentence “illegal” for the purposes of a rule 3.800 petition; claim should have been raised via 3.850 and is now time barred). | 1 | 1 |
The Florida Bar v. Adamsgreen1 sentence2001See Florida Bar v. Adams, 641 So.2d 399 (Fla.1994) (letter from attorney accusing another attorney of suborning perjury basis for violation of rule 4-4.1(a)). | 1 | 1 |
State v. Coneygreen1 sentence1999See Coney, 294 So.2d at 82 . | 1 | 1 |
| Lee v. Stategreen | 1 | 1 |
| Chambers v. Floridagreen | 1 | 1 |
| Amends. to Fl. Rules of Crim. Proc.green | 1 | 1 |
| In Interest of MEgreen | 1 | 1 |
| Wisconsin Life Ins. Co. v. Sillsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strader v. Morrill
green
2 sentences2005This court noted that the purposes of rule 1.420 "are (1) to require prompt and efficient prosecution of cases until submitted for disposition or determination by the trial judge or jury, and (2) to prevent the clogging of trial court dockets with litigation that has been abandoned for the stated period." 459 So.2d at 1178 (citing Strader v. Morrill, 360 So.2d 1137 (Fla. 1st DCA 1978)). 1984Id. at 1138 . | 2 | 1984–2005 |
Aaron v. State
green
2 sentences1983See In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) (privilege against self-incrimination obtains in juvenile delinquency proceedings); Aaron v. State, 284 So.2d 673 (Fla.1973) (criminal contempt proceedings effectively criminal in nature and persons accused entitled to basic constitutional rights). 1983See In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967) (privilege against self-incrimination obtains in juvenile delinquency proceedings); Aaron v. State, 284 So.2d 673 (Fla. 1973) (criminal contempt proceedings effectively criminal in nature and persons accused entitled to basic constitutional rights). | 2 | 1983–1983 |
Stecher v. Pomeroy
green
2 sentences1978The routine granting of such motions for severance except for such good cause related to insurance coverage would be a misapprehension of this Court’s holding.” 253 So.2d at 424 . 1977The routine granting of such motions for severance except for such good cause related to insurance coverage would be a misapprehension of this Court’s holding.’ “The interest which plaintiff has in presenting to the jury the truest possible picture of the existence of financial responsibility is much too important to allow the loss of that interest, through the granting of severance for any reason except those enumerated in Stecher [Stecher v. Pomeroy, 253 So.2d 421 (Fla. 1971) ] and repeated in this Court’s first opinion in this cause, to be dismissed as ‘harmless error.’ “For that reason, we | 2 | 1977–1978 |
STATE, DEPT. OF REV. v. Thurmond
green
2 sentences2016See U.S. Bank Nat’l Ass’n v. Proenza, 157 So. 3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So. 3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998); Falkner v. AmeriFirst 11I note that rule 1.540 is substantially modeled on rule 60 of the Federal Rules of Civil Procedure. 2016See U.S. Bank Natl Ass’n v. Proenza, 157 So.3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So.3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So.2d 827 (Fla. 3d DCA 1998); Falkner v. Ameriflrst Fed. | 1 | 2016–2016 |
Courtney v. Catalina, Ltd.
green
2 sentences2016See U.S. Bank Nat’l Ass’n v. Proenza, 157 So. 3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So. 3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998); Falkner v. AmeriFirst 11I note that rule 1.540 is substantially modeled on rule 60 of the Federal Rules of Civil Procedure. 2016See U.S. Bank Natl Ass’n v. Proenza, 157 So.3d 1075 (Fla. 3d DCA 2015); Courtney v. Catalina, Ltd., 130 So.3d 739 (Fla. 3d DCA 2014); Dep’t of Revenue v. Thurmond, 721 So.2d 827 (Fla. 3d DCA 1998); Falkner v. Ameriflrst Fed. | 1 | 2016–2016 |
Day v. Krystal Co.
green
1 sentence2011See Preuss v. Stevens, 150 Ariz. 6 , 721 P.2d 664 (1986) (holding that a trial court’s entry of summary judgment prior to acceptance of an offer of judgment renders the offer ineffectual for any purpose); Wersch v. Radnor/Landgrant-A Phoenix P’ship, 192 Ariz. 99 , 961 P.2d 1047 (1998) (upholding trial court’s rejection of plaintiffs attempt to accept a Rule 68 offer of judgment made after entry of summary judgment but within the thirty-day period within which such offers remain effective under the state rule); Day v. Krystal Co., 241 F.R.D. 474 (E.D.Tenn.2007) (disagreeing with Perkins , and h | 1 | 2011–2011 |
Wersch v. Radnor/Landgrant
green
2 sentences2011See Preuss v. Stevens, 150 Ariz. 6 , 721 P.2d 664 (1986) (holding that a trial court’s entry of summary judgment prior to acceptance of an offer of judgment renders the offer ineffectual for any purpose); Wersch v. Radnor/Landgrant-A Phoenix P’ship, 192 Ariz. 99 , 961 P.2d 1047 (1998) (upholding trial court’s rejection of plaintiffs attempt to accept a Rule 68 offer of judgment made after entry of summary judgment but within the thirty-day period within which such offers remain effective under the state rule); Day v. Krystal Co., 241 F.R.D. 474 (E.D.Tenn.2007) (disagreeing with Perkins , and h 2011See Preuss v. Stevens, 150 Ariz. 6 , 721 P.2d 664 (1986) (holding that a trial court’s entry of summary judgment prior to acceptance of an offer of judgment renders the offer ineffectual for any purpose); Wersch v. Radnor/Landgrant-A Phoenix P’ship, 192 Ariz. 99 , 961 P.2d 1047 (1998) (upholding trial court’s rejection of plaintiffs attempt to accept a Rule 68 offer of judgment made after entry of summary judgment but within the thirty-day period within which such offers remain effective under the state rule); Day v. Krystal Co., 241 F.R.D. 474 (E.D.Tenn.2007) (disagreeing with Perkins , and h | 1 | 2011–2011 |
Cooper v. State
green
1 sentence2005See Forcelledo v. State, 898 So.2d 1058 (Fla. 3d DCA 2005)(“The State is allowed to give notice under as many classifications as it chooses, where the State is prepared to show the defendant meets the statutory criteria.”); Cooper v. State, 817 So.2d 934 (Fla. 3d DCA 2002)(notice deficiency does not render a sentence “illegal” for the purposes of a rule 3.800 petition; claim should have been raised via 3.850 and is now time barred). | 1 | 2005–2005 |
Madeira Management, Inc. v. Chapman Realty Corp.
green
1 sentence2005This court noted that the purposes of rule 1.420 "are (1) to require prompt and efficient prosecution of cases until submitted for disposition or determination by the trial judge or jury, and (2) to prevent the clogging of trial court dockets with litigation that has been abandoned for the stated period." 459 So.2d at 1178 (citing Strader v. Morrill, 360 So.2d 1137 (Fla. 1st DCA 1978)). | 1 | 2005–2005 |
Berenyi v. Halifax Hosp. Medical Ctr.
green
1 sentence2004Ctr., 498 So.2d 655 (Fla. 5th DCA 1986); cf. Wilson v. Salamon, 864 So.2d 1122 (Fla. 2d DCA 2003) (holding that an order allowing a foreign attorney to appear as co-counsel pursuant to Florida Rule of Judicial Administration 2.061 does not constitute record activity for the purposes of rule 1.420(e)). | 1 | 2004–2004 |
Wilson v. Salamon
green
1 sentence2004Ctr., 498 So.2d 655 (Fla. 5th DCA 1986); cf. Wilson v. Salamon, 864 So.2d 1122 (Fla. 2d DCA 2003) (holding that an order allowing a foreign attorney to appear as co-counsel pursuant to Florida Rule of Judicial Administration 2.061 does not constitute record activity for the purposes of rule 1.420(e)). | 1 | 2004–2004 |
Brannon v. State
green
2 sentences2003Therefore, both because a facial challenge to the constitutionality of a sentencing statute involves a pure question of law rather than the erroneous application of a sentencing statute, and because controlling precedent foreclosed relief at the time that the first brief was filed, requiring a motion to correct sentencing error under rule 3.800(b)(2) as a prerequisite to challenging the facial constitutionality of the statute in this case would not serve the purposes for which rule 3.800(b)(2) was adopted. *1067 Finally, I note that in Brannon v. State, 850 So.2d 452 , 2003 WL 21354797 (Fla. J 2003Therefore, both because a facial challenge to the constitutionality of a sentencing statute involves a pure question of law rather than the erroneous application of a sentencing statute, and because controlling precedent foreclosed relief at the time that the first brief was filed, requiring a motion to correct sentencing error under rule 3.800(b)(2) as a prerequisite to challenging the facial constitutionality of the statute in this case would not serve the purposes for which rule 3.800(b)(2) was adopted. *1067 Finally, I note that in Brannon v. State, 850 So.2d 452 , 2003 WL 21354797 (Fla. J | 1 | 2003–2003 |
McMillian v. Monroe County
green
2 sentences2002In support of his motion for rehearing Sheriff Jenne newly calls our attention to McMillian v. Monroe County, 520 U.S. 781 , 117 S.Ct. 1734 , 138 L.Ed.2d 1 (1997), and argues that our holding conflicts with that decision. 2002In support of his motion for rehearing Sheriff Jenne newly calls our attention to McMillian v. Monroe County, 520 U.S. 781 , 117 S.Ct. 1734 , 138 L.Ed.2d 1 (1997), and argues that our holding conflicts with that decision. | 1 | 2002–2002 |
| Davis v. State green | 1 | 1999–1999 |
| Siegert v. Gilley green | 1 | 1997–1997 |
| Groover v. State green | 1 | 1997–1997 |
| Woodson v. State green | 1 | 1995–1995 |
| People v. Severino green | 1 | 1995–1995 |
| People v. Severino green | 1 | 1995–1995 |
| Bivens v. State neutral | 1 | 1995–1995 |
| Thomas v. State green | 1 | 1995–1995 |
| People v. Kramer green | 1 | 1995–1995 |
| Dixon v. State neutral | 1 | 1995–1995 |
| Lowe's of Tallahassee v. Giaimo green | 1 | 1995–1995 |
| Steward v. State green | 1 | 1995–1995 |
| State v. DiGuilio green | 1 | 1995–1995 |
| Conley v. State green | 1 | 1995–1995 |
| Perkins v. State green | 1 | 1995–1995 |
| Erickson v. State green | 1 | 1995–1995 |
| Anderson v. State green | 1 | 1995–1995 |
| Saul v. JOHN D. AND CATHERINE T. MacARTHUR green | 1 | 1995–1995 |
| Rice v. Schuyler County Civil Service Commission neutral | 1 | 1995–1995 |
| People v. Kramer neutral | 1 | 1995–1995 |
| Comparato v. State green | 1 | 1995–1995 |
| Gilling v. State neutral | 1 | 1995–1995 |
| Florida Bar v. Larkin neutral | 1 | 1987–1987 |
| Brown v. State green | 1 | 1983–1983 |
| BOARD OF PUBLIC INSTRUCTION OF DADE CTY. v. Dinkines green | 1 | 1979–1979 |
| Ablah v. Eyman green | 1 | 1979–1979 |
| Davis v. State green | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.