section 21 access to the courts (Florida) · Go Syfert
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section 21 access to the courts in Florida

13 Florida opinions name it 3 courts 1982–2011 0 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.

Followed or applied (10)

CaseFollowedCited
Battilla v. Allis Chalmers Manufacturing Co.red
fla · 1980 · cited in 5 Florida opinions naming this issue, 1983–1989
2 sentences

1989Co., 392 So.2d 874 (Fla.1980), invalidated the twelve-year products liability statute of repose, as applied, as an unconstitutional deprivation of a plaintiff’s access to the courts under Article I, section 21, Florida Constitution.

1988The Florida Supreme Court in Battilla v. Allis Chalmers Manufacturing Company, 392 So.2d 874 (Fla.1980), invalidated the 12-year products liability statute of repose as an unconstitutional deprivation of a plaintiffs access to the courts under Article I, Section 21, Florida Constitution.

25
Power v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Floyd v. State, 18 So.3d 432, 459 (Fla.2009) (rejecting claim that rule 4 — 3.5(d)(4) violated due process rights as well as the First, Sixth, Eighth, and Fourteenth Amendments); Power v. State, 886 So.2d 952, 957 (Fla.2004) (rejecting contention that rule 4-3.5(d)(4) violated defendant's right of access to courts under Article I, Section 21, of the Florida Constitution). 21 .

11
Floyd v. Stategreen
fla · 2009 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Floyd v. State, 18 So.3d 432, 459 (Fla.2009) (rejecting claim that rule 4 — 3.5(d)(4) violated due process rights as well as the First, Sixth, Eighth, and Fourteenth Amendments); Power v. State, 886 So.2d 952, 957 (Fla.2004) (rejecting contention that rule 4-3.5(d)(4) violated defendant's right of access to courts under Article I, Section 21, of the Florida Constitution). 21 .

11
Delap v. Stategreen
fla · 1977 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011To the extent Wyatt argues that this Court was unable to review the complete record on appeal or satisfy its obligations under Delap v. State, 350 So.2d 462, 462-63 (Fla.1977), this substantive claim is procedurally barred because it could have been raised on direct appeal.

11
University of Miami v. Echartegreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009Afonso argues that construing the statutes to limit economic damages in a case such as this would alter “the balance of recoverable damages” approved in University of Miami v. Echarte, 618 So.2d 189, 193-94 (Fla.1993), solely in favor of negligent healthcare providers.

11
COMMUNITY HOSPITAL OF PALM BEACHES, INC. v. Guerrerogreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Psychiatric Assocs., 610 So.2d at 424 ; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So.2d 304, 305 (Fla. 4th DCA 1991), aff'd, 610 So.2d 418 (Fla.1992).

11
COMMUNITY HOSPITAL OF PALM BEACHES, INC. v. Guerrerogreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Psychiatric Assocs., 610 So.2d at 424 ; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So.2d 304, 305 (Fla. 4th DCA 1991), aff'd, 610 So.2d 418 (Fla.1992).

11
Chrysler Corp. v. Pitsirelosgreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006The question in this case is one that we declined to reach in Chrysler Corp. v. Pitsirelos, 689 So.2d 1132, 1135 (Fla. 4th DCA 1997), quashed on other grounds, 721 So.2d 710 (Fla.1998): the constitutionality of section 681.1095(14), which states that "appellate review" of a final "judgment affirm[ing] a decision by the board in favor of a consumer" "may be conditioned upon payment by the manufacturer of the consumer's attorney's fees." Section 681.1095(14) authorizes a court to set a substantial financial barrier to an appeal.

11
Acton v. Fort Lauderdale Hosp.green
fla · 1983 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987Compare Acton v. Fort Lauderdale Hospital, 440 So.2d 1282 (Fla. 1983); Lasky v. State Farm Insurance Company, 296 So.2d 9 (Fla. 1974); Mahoney v. Sears, Roebuck & Company, 419 So.2d 754 (Fla. 1st DCA 1982).

11
Cates v. Grahamgreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 1984–1984
1 sentence

1984See Cates v. Graham, 451 So.2d 475 (Fla. 1984); Purk v. Federal Press Company, 387 So.2d 354 (Fla. 1980); Bauld v. J.A.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Pullum v. Cincinnati, Inc. green
fla · 1985
2 sentences

1989Subsequently, in Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal dismissed, 475 U.S. 1114 , 106 S.Ct. 1626 , 90 L.Ed.2d 174 (1986), the court receded from Battilla , holding that the products liability statute of repose was not unconstitutional.

1988Subsequently, in Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), the court receded from Battilla , holding that the products liability statute of repose was not unconstitutional.

31988–1989
Purk v. Federal Press Co. green
fla · 1980
2 sentences

1986In 1980, a few months prior to Athlone's settlement of Johnson's tort claim, the Supreme Court decided Purk v. Federal Press Co., 387 So.2d 354 (Fla. 1980).

1986Thus, it was thought, application of the statute to Johnson constituted a denial of his State constitutional right of access to the courts under Article I, Section 21, Constitution of Florida. *666 At the time of the court's denial of the above motions in October 1980, the cases of Overland Construction Company, Inc. v. Sirmons, 369 So.2d 572 (Fla. 1979) and Purk v. Federal Press Company, 387 So.2d 354 (Fla. 1980) had been decided.

21984–1986
Perez v. Universal Engineering Corp. green
fladistctapp · 1982
2 sentences

1983See also Battilla v. Allis Chalmers Manufacturing Co., 392 So.2d 874 (Fla. 1981) (where right of action occurred more than twelve years after the sale of the defective product, twelve-year repose provision unconstitutionally denied plaintiffs their right of access to courts under Article I, section 21 of the Florida Constitution); Perez v. Universal Engineering Corp., 413 So.2d 75 (Fla. 3d DCA 1982) (twelve-year bar portion of statute of limitations governing actions regarding latent defects in improvements to real property could not constitutionally be applied to bar employees' actions). *295

1983See also Battilla v. Allis Chalmers Manufacturing Co., 392 So.2d 874 (Fla.1981) (where right of action occurred more than twelve years after the sale of the defective product, twelve-year repose provision unconstitutionally denied plaintiffs their right of access to courts under Article I, section 21 of the Florida Constitution); Perez v. Universal Engineering Corp., 413 So.2d 75 (Fla. 3d DCA 1982) (twelve-year bar portion of statute of limitations governing actions regarding latent defects in improvements to real property could not constitutionally be applied to bar employees’ actions).

21983–1983
Chrysler Corp. v. Pitsirelos green
fla · 1998
1 sentence

2006The question in this case is one that we declined to reach in Chrysler Corp. v. Pitsirelos, 689 So.2d 1132, 1135 (Fla. 4th DCA 1997), quashed on other grounds, 721 So.2d 710 (Fla.1998): the constitutionality of section 681.1095(14), which states that "appellate review" of a final "judgment affirm[ing] a decision by the board in favor of a consumer" "may be conditioned upon payment by the manufacturer of the consumer's attorney's fees." Section 681.1095(14) authorizes a court to set a substantial financial barrier to an appeal.

12006–2006
Psychiatric Associates v. Siegel red
fla · 1992
1 sentence

2006Psychiatric Assocs., 610 So.2d at 424 ; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So.2d 304, 305 (Fla. 4th DCA 1991), aff'd, 610 So.2d 418 (Fla.1992).

12006–2006
Pullum v. Cincinnati, Inc. green
scotus · 1986
2 sentences

1989Subsequently, in Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal dismissed, 475 U.S. 1114 , 106 S.Ct. 1626 , 90 L.Ed.2d 174 (1986), the court receded from Battilla , holding that the products liability statute of repose was not unconstitutional.

1989Subsequently, in Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal dismissed, 475 U.S. 1114 , 106 S.Ct. 1626 , 90 L.Ed.2d 174 (1986), the court receded from Battilla , holding that the products liability statute of repose was not unconstitutional.

11989–1989
Mahoney v. Sears, Roebuck & Co. green
fladistctapp · 1982
1 sentence

1987Compare Acton v. Fort Lauderdale Hospital, 440 So.2d 1282 (Fla. 1983); Lasky v. State Farm Insurance Company, 296 So.2d 9 (Fla. 1974); Mahoney v. Sears, Roebuck & Company, 419 So.2d 754 (Fla. 1st DCA 1982).

11987–1987
Lasky v. State Farm Insurance Company green
fla · 1974
1 sentence

1987Compare Acton v. Fort Lauderdale Hospital, 440 So.2d 1282 (Fla. 1983); Lasky v. State Farm Insurance Company, 296 So.2d 9 (Fla. 1974); Mahoney v. Sears, Roebuck & Company, 419 So.2d 754 (Fla. 1st DCA 1982).

11987–1987
Overland Const. Co., Inc. v. Sirmons green
fla · 1979
1 sentence

1986Thus, it was thought, application of the statute to Johnson constituted a denial of his State constitutional right of access to the courts under Article I, Section 21, Constitution of Florida. *666 At the time of the court's denial of the above motions in October 1980, the cases of Overland Construction Company, Inc. v. Sirmons, 369 So.2d 572 (Fla. 1979) and Purk v. Federal Press Company, 387 So.2d 354 (Fla. 1980) had been decided.

11986–1986
Dade County v. Ferro green
fla · 1980
1 sentence

1985Because we resolved the first issue adversely to the ruling of the trial court, it is unnecessary to reach the second issue presented.” Dade County v. Ferro, supra. The Supreme Court had, on an earlier occasion, the opportunity to address the history and purpose surrounding the passage of the act under consideration, but under dilferent circumstances.

11985–1985
Acton v. Ft. Lauderdale Hosp. green
fladistctapp · 1982
1 sentence

1982Acton , id.

11982–1982

Statutes the citing opinions construe

FL § 95.031 (7) FL § 95.11 (5)

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.

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