35 Florida opinions name it 2 courts 1990–2025 2 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 |
|---|---|---|
Earth Trades, Inc. v. T & G Corp.green1 sentence2024See Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). | 1 | 1 |
City of Parker v. Stategreen1 sentence2020City of Parker v. State, 992 So. 2d 171, 175-76 (Fla. 2008). | 1 | 1 |
Norton v. Stategreen1 sentence2019The Fifth District applied this principle to facts that were materially indistinguishable from those of this case in Norton v. State, 691 So. 2d 616, 617 (Fla. 5th DCA 1997). | 1 | 1 |
Forte v. Stategreen1 sentence2019See Forte v. State, 189 So. 3d 1043, 1044 (Fla. 2d DCA 2016) (“the State argues that because the codefendant had not been sentenced when Forte proceeded to trial the codefendant could have invoked his Fifth Amendment right. | 1 | 1 |
Johnson v. Stategreen1 sentence2019See also Johnson, 395 So. 2d at 596 - 97 (holding that a conviction for resisting arrest without violence could not stand where the police entered the defendant's home for the purposes of making the arrest without a warrant and no exception to the warrant requirement applied). | 1 | 1 |
Dr. Gail Van Diepen, P.A. v. Browngreen2 sentences2017In Effective Teleservices, Inc. v. Smith, this court followed the Fifth District’s rule on attorney fee awards involving multiple claims, some of which do not entitle the prevailing party to an award of legal fees. 132 So.3d 335 , 341 (Fla. 4th DCA 2014) (citing Van Diepen v. Brown, 55 So.3d 612, 614 (Fla. 5th DCA 2011)). 2017The Fifth District’s rule in Van Diepen holds that a party seeking attorney’s fees on multiple claims has an affirmative burden to demonstrate what portion of the effort was expended on the claim that authorized attorney’s fees. 55 So.3d at 614 (“If the moving party cannot meet his burden for any reason, including inadequate, confusing or imprecise timesheets or record keeping, he or she should not be awarded attorney’s fees for those vague or incomprehensible charges.”). | 1 | 1 |
In Re Lubbe's Estategreen1 sentence2016Cf. In re Lubbe’s Estate, 142 So.2d at 135 (“In the absence of evidence overcoming the presumption, the prior will may be admitted to probate if its contents can be ascertained.” (emphasis supplied)). *1231 Furthermore, we believe the Fifth District’s rule misconstrues Florida precedents on this evidentiary point. | 1 | 1 |
Brown v. Stategreen2 sentences2015The concurring opinion quoted the court in Knighf, stating the special standard improperly disregards the jury’s role and requires the appellate court to ‘“ignore[] the correlation between the ‘strength’ of circumstantial evidence and ‘reasonableness’ of various hypotheses of-innocence.’” Id. 2015In a concurring opinion, two judges of the panel decision expressed their concern with Florida law which requires courts to apply a special rule in circumstantial criminal cases, noting the Fifth District’s analysis in Knight v. State, and the statement there that “Florida should join the federal courts and the vast majority of states that have abandoned use of a special circumstantial evidence standard of review.” Id. at 881 (Morris and Black, JJ., concurring) (quoting Knight v. State, 107 So.3d 449, 457 (Fla. 5th DCA 2013)). | 1 | 1 |
Westbrooks v. Stategreen1 sentence2015In a concurring opinion, two judges of the panel decision expressed their concern with Florida law which requires courts to apply a special rule in circumstantial criminal cases, noting the Fifth District’s analysis in Knight v. State, and the statement there that “Florida should join the federal courts and the vast majority of states that have abandoned use of a special circumstantial evidence standard of review.” Id. at 881 (Morris and Black, JJ., concurring) (quoting Knight v. State, 107 So.3d 449, 457 (Fla. 5th DCA 2013)). | 1 | 1 |
3250 W. Beaver Street, LLC v. State, Department of Environmental Protectiongreen1 sentence2010See Bruner, 19 So.3d at 447-48 . | 1 | 1 |
Hersey v. Stategreen2 sentences2005See Hersey v. State, No. SC02-2630, 908 So.2d 1052 , 2005 WL 914190 (Fla. April 21, 2005). 2005See Hersey v. State, No. SC02-2630, 908 So.2d 1052 , 2005 WL 914190 (Fla. April 21, 2005). | 1 | 1 |
State v. Jonesgreen2 sentences2005See State v. Jones, No. SC04-706, 908 So.2d 1054 , 2005 WL 914192 (Fla. April 21, 2005). 2005See State v. Jones, No. SC04-706, 908 So.2d 1054 , 2005 WL 914192 (Fla. April 21, 2005). | 1 | 1 |
Promontory Enterprises, Inc. v. SOUTHERN ENGIN. & CONTRACT., INC.green2 sentences2004Once the 2000 statute became effective, the opportunity previously afforded to R.A.M. to cure its unlicensed status was properly cut off. [3] Our analysis of the vested rights issue here is parallel to the Fifth District's analysis in Promontory Enterprises, Inc. v. Southern Engineering & Contracting, Inc., 864 So.2d 479, 485 (Fla. 5th DCA 2004), where the court concluded that there was no "vested right in the statutory cure provision." In reaching the conclusion that the statutory cure provision had not created a vested right, the Promontory Enterprises court focused on the status of the unde 2004Once the 2000 statute became effective, the opportunity previously afforded to R.A.M. to cure its unlicensed status was properly cut off. [3] Our analysis of the vested rights issue here is parallel to the Fifth District's analysis in Promontory Enterprises, Inc. v. Southern Engineering & Contracting, Inc., 864 So.2d 479, 485 (Fla. 5th DCA 2004), where the court concluded that there was no "vested right in the statutory cure provision." In reaching the conclusion that the statutory cure provision had not created a vested right, the Promontory Enterprises court focused on the status of the unde | 1 | 1 |
| Liszka v. SILVERADO STEAK & SEAFOOD CO., INC.green | 1 | 1 |
| Wong v. Gonzalez & Kennedy, Inc.green | 1 | 1 |
| Friedrich v. Stategreen | 1 | 1 |
| Beal Bank, SSB v. Almand & Associatesgreen | 1 | 1 |
| England v. Cookgreen | 1 | 1 |
| Hu v. Crockettgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hogan v. Tavzel
green
2 sentences2018In Hogan v. Tavzel, 660 So. 2d 350 (Fla. 5th DCA 1995), the Fifth District allowed the claim to be brought three years after the marriage had been dissolved. 2005In Hogan v. Tavzel, 660 So.2d 350 (Fla. 5th DCA 1995), the Fifth District allowed the claim to be brought three years after the marriage had been dissolved. | 2 | 2005–2018 |
In Re Estate of Barker
green
2 sentences2016In its mention of an extrinsic evidence bar, the Wehrheim court cited the Florida Supreme Court’s decision in In re Pratt’s Estate, 88 So.2d 499 , and the First District’s case of In re Barker’s Estate, 448 So.2d 28 (Fla. 1st DCA 1984). 2015In its mention of an extrinsic evidence bar, the Wehrheim court cited the Florida Supreme Court's decision in In re Pratt’s Estate, 88 So. 2d 499 , and the First District's case of In re Barker's Estate, 448 So. 2d 28 (Fla. 1st DCA 1984). | 2 | 2015–2016 |
In Re Estate of Pratt
green
2 sentences2016In its mention of an extrinsic evidence bar, the Wehrheim court cited the Florida Supreme Court’s decision in In re Pratt’s Estate, 88 So.2d 499 , and the First District’s case of In re Barker’s Estate, 448 So.2d 28 (Fla. 1st DCA 1984). 2015In its mention of an extrinsic evidence bar, the Wehrheim court cited the Florida Supreme Court's decision in In re Pratt’s Estate, 88 So. 2d 499 , and the First District's case of In re Barker's Estate, 448 So. 2d 28 (Fla. 1st DCA 1984). | 2 | 2015–2016 |
Routh v. Routh
green
1 sentence2025We further find persuasive the Fifth District’s analysis in Routh v. Routh, 565 So. 2d 709 (Fla. 5th DCA 1990), which is on all fours factually. | 1 | 2025–2025 |
Paulucci v. General Dynamics Corp.
green
1 sentence2019Id. | 1 | 2019–2019 |
Wheeler v. State
green
1 sentence2018In Wheeler v. State, 62 So. 3d 1218 (Fla. 5th DCA 2011), the Fifth District applied the factors in Dunn to determine whether a car was located within a residence's curtilage for purposes of a search warrant authorizing the search of any car located within the residence's curtilage. | 1 | 2018–2018 |
Gutierrez v. State
green
1 sentence2017In Effective Teleservices, Inc. v. Smith, this court followed the Fifth District’s rule on attorney fee awards involving multiple claims, some of which do not entitle the prevailing party to an award of legal fees. 132 So.3d 335 , 341 (Fla. 4th DCA 2014) (citing Van Diepen v. Brown, 55 So.3d 612, 614 (Fla. 5th DCA 2011)). | 1 | 2017–2017 |
Mascola v. Lusskin
green
2 sentences2016However, the Fourth District rejected Pickett in Mascola v. Lusskin, 727 So.2d 328 (Fla. 4th DCA 1999), holding that commission of a crime is a “voluntary act” resulting in unemployment (i.e., incarceration). 2016However, the Fourth District rejected Pickett in Mascola v. Lusskin, 727 So. 2d 328 (Fla. 4th DCA 1999), holding that commission of a crime is a “voluntary act” resulting in unemployment (i.e., incarceration). | 1 | 2016–2016 |
Pickett v. Pickett
green
2 sentences2016The Fifth District applied the principle of Waugh to a case where the prisoner sought a modification of a previously imposed support order in Pickett v. Pickett, 709 So.2d 182 (Fla. 5th DCA 1998), rejecting the imputation of income to a parent who was scheduled to begin a prison sentence shortly after the modification hearing. 2016The Fifth District applied the principle of Waugh to a case where the prisoner sought a modification of a previously imposed support order in Pickett v. Pickett, 709 So. 2d 182 (Fla. 5th DCA 1998), rejecting the imputation of income to a parent who was scheduled to begin a prison sentence shortly after the modification hearing. | 1 | 2016–2016 |
American Heritage Life Ins. Co. v. English
green
1 sentence2015In English , the insured entered into a life insurance policy that included an alcohol exclusion provision identical to the one in this case. 2 786 So.2d at 1281 . | 1 | 2015–2015 |
Paul N. Howard Co. v. Affholder, Inc.
green
1 sentence2013Id. at 403 . | 1 | 2013–2013 |
Sears, Roebuck & Co. v. Stansbury
green
1 sentence2007Id. at 1053 . | 1 | 2007–2007 |
Bunkley v. Florida
green
2 sentences2004As the United States Supreme Court explained in Bunkley v. Florida, 538 U.S. 835 , 123 S.Ct. 2020 , 155 L.Ed.2d 1046 (2003), "[t]he question here is not just one of retroactivity." Id. at 840 , 123 S.Ct. 2020 (remanding for this Court to resolve separate due process question of whether defendant's possession of pocketknife satisfied the elements of Florida's first-degree burglary statute). 2004As the United States Supreme Court explained in Bunkley v. Florida, 538 U.S. 835 , 123 S.Ct. 2020 , 155 L.Ed.2d 1046 (2003), "[t]he question here is not just one of retroactivity." Id. at 840 , 123 S.Ct. 2020 (remanding for this Court to resolve separate due process question of whether defendant's possession of pocketknife satisfied the elements of Florida's first-degree burglary statute). | 1 | 2004–2004 |
Kimbrough v. State
green
1 sentence2004The Fifth District stated that rule 3.800(b) "is self-executing and there is no authority in the rule for either the trial court or the appellate court to extend that time period." Id. at 1256 . | 1 | 2004–2004 |
Wentworth v. Johnson
green
1 sentence2004Id. at 298-300 . | 1 | 2004–2004 |
Valentine v. State
green
1 sentence2003Relying on the Fifth District's analysis in Valentine v. State, 774 So.2d 934 (Fla. 5th DCA 2001), the supreme court concluded that the giving of the instruction was fundamental error, requiring reversal of the conviction for armed burglary. | 1 | 2003–2003 |
Floyd v. State
green
1 sentence2003Floyd, 850 So.2d at 401-02 . | 1 | 2003–2003 |
| Gibbs v. State green | 1 | 2002–2002 |
| Enterprise Leasing Co. v. Jones neutral | 1 | 2001–2001 |
| Dunn v. United States green | 1 | 1999–1999 |
| Maddox v. State green | 1 | 1999–1999 |
| Cottle v. State neutral | 1 | 1999–1999 |
| State v. Connelly neutral | 1 | 1999–1999 |
| Aspen v. Bayless green | 1 | 1990–1990 |
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.