32 Florida opinions name it 5 courts 1903–2023 1 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 |
|---|---|---|
Hartnett v. Austingreen2 sentences2023Id. at 89 (internal citations omitted). 2002Any contrary rule would condone a violation of the long established principle that a municipality cannot contract away the exercise of its police powers. 93 So.2d at 89 . | 1 | 2 |
North American Company v. Greengreen2 sentences1982(See Board of Commissioners of Lee County v. Dexterhouse 348 So.2d 916 affirmed, Martin v. Board of County Commissioners of Lee County, 364 So.2d 449 , appeal dismissed, 99 S.Ct. 2024 , Del Percio v. City of Daytona Beach, V81-11598-DB appeal number 82-1243-CA-01-D) It is a long established rule that Courts will not consider the constitutionality of an ordinance unless it is necessary to do so in order to dispose of the problem at hand (North American Company v. Green 120 So.2d 603 ) In the case at bar, the Court finds that it is not necessary to consider the Constitutionality of the specific 1971NOTES [1] Laws of Florida, Special Acts 1961, ch. 2559, §§ 2, 4, at 3012. [2] Although defendant-appellant Helms argues the unconstitutional application of the law in his brief, as stated in North American Company v. Green, 120 So.2d 603, 606 (Fla. 1960): "* * * It is a long established rule that the courts will not consider the alleged unconstitutionality of a statute unless it is necessary to do so in order to dispose of the problem at hand. * * *" [3] Miller v. Quigg, 87 Fla. 462 , 100 So. 270 (1924). | 1 | 2 |
Thomas v. HOSP. BD. OF DIRS. OF LEE COUNTYgreen1 sentence2019Bd. of Dirs. of Lee Cty., 41 So. 3d 246, 254 (Fla. 2d DCA 2010) ("[I]t is a long established rule of law that an original pleading is superseded by an amended pleading which does not indicate an intention to preserve any portion of the original pleading." (quoting Arthur v. Hillsborough Cty. | 1 | 1 |
Scott v. Stategreen1 sentence2013“It is a well and long established rule in Florida that a member of the deceased victim’s family may not testify for the purpose of identifying the victim where non-related witnesses are available to make such identification.” Scott v. State, 256 So.2d 19, 19-20 (Fla. 4th DCA 1971). | 1 | 1 |
County of Palm Beach v. Stategreen1 sentence2002See County of Palm Beach v. State, 342 So.2d 56 , 58 & n. 1 (Fla.1976); Straughn v. Tuck, 354 So.2d 368 (Fla.1977); Bystrom v. Equitable Life Assurance Soc'y of the United States, 416 So.2d 1133 (Fla. 3d DCA 1982). | 1 | 1 |
Correria v. Orlando Bank & Trust Companygreen1 sentence1990We hold that as a matter of law when an artist fails to avail himself of the provisions of the Artist's Consignment Act, Sections 686.501 et seq., Florida Statutes, and places in commerce paintings of art with no notation as to ownership thereon, an innocent third party who takes a security position in these paintings has a superior possessory interest, vis-a-vis the artist under the long established principle of law that as between two innocent parties, the one that created the situation causing the loss, will not be held to have a superior position to the completely innocent party upon the f | 1 | 1 |
Akins v. Betheagreen2 sentences1989See Akins v. Bethea, 160 Fla. 99 , 33 So.2d 638, 640 (1948) (courts will not ascribe to the legislature an intent to depart significantly from fundamental rules of equity jurisprudence absent clear and explicit statutory language to that effect). 1989See Akins v. Bethea, 160 Fla. 99 , 33 So.2d 638, 640 (1948) (courts will not ascribe to the legislature an intent to depart significantly from fundamental rules of equity jurisprudence absent clear and explicit statutory language to that effect). | 1 | 1 |
Johnson v. Stategreen1 sentence1989State v. Cain, 381 So.2d 1361, 1367 (Fla.1980); Johnson v. State, 314 So.2d 573, 577 (Fla.1975); Gasset v. State, 490 So.2d 97 , 98 n. 1 (Fla.3d DCA), rev. denied, 500 So.2d 544 (Fla. 1986); Crews v. State, 366 So.2d 117, 118 (Fla. 1st DCA), cert. denied, 376 So.2d 70 (Fla.1979). | 1 | 1 |
Crews v. Stategreen1 sentence1989State v. Cain, 381 So.2d 1361, 1367 (Fla.1980); Johnson v. State, 314 So.2d 573, 577 (Fla.1975); Gasset v. State, 490 So.2d 97 , 98 n. 1 (Fla.3d DCA), rev. denied, 500 So.2d 544 (Fla. 1986); Crews v. State, 366 So.2d 117, 118 (Fla. 1st DCA), cert. denied, 376 So.2d 70 (Fla.1979). | 1 | 1 |
State v. Caingreen1 sentence1989State v. Cain, 381 So.2d 1361, 1367 (Fla.1980); Johnson v. State, 314 So.2d 573, 577 (Fla.1975); Gasset v. State, 490 So.2d 97 , 98 n. 1 (Fla.3d DCA), rev. denied, 500 So.2d 544 (Fla. 1986); Crews v. State, 366 So.2d 117, 118 (Fla. 1st DCA), cert. denied, 376 So.2d 70 (Fla.1979). | 1 | 1 |
State v. Bloomgreen1 sentence1989It is well settled that “[ujnder Florida’s constitution, the decision to charge and prosecute [for a criminal offense] is an executive responsibility, and the state attorney has complete discretion in deciding whether and how to prosecute,” State v. Bloom, 497 So.2d 2, 3 (Fla.1986); indeed, the plaintiff has no quarrel with this long established rule of law. | 1 | 1 |
| Melbourne v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Arthur v. Hillsborough County Bd. of Criminal Justice
green
2 sentences2010In that case, we held that "[i]t is a long established rule of law that an original pleading is superseded by an amended pleading which does not indicate an intention to preserve any portion of the original pleading." Id. at 237 . 2010In that case, we held that “[i]t is a long established rule of law that an original pleading is superseded by an amended pleading which does not indicate an intention to preserve any portion of the original pleading.” Id. at 237 . | 3 | 1999–2010 |
Downtown Investments, Ltd. v. Segall
green
2 sentences1999Downtown Investments, Ltd. v. Segall, 551 So.2d 561 (Fla. 3d DCA 1989), review denied, 563 So.2d 633 (Fla.1990). 1991Downtown Investments, Ltd. v. Segall, 551 So.2d 561 (Fla. 3d DCA 1989), review denied, 563 So.2d 633 (Fla. 1990). | 2 | 1991–1999 |
City of Miami Beach v. Wiesen
green
2 sentences1968It is not inferred, however, that these cases hold contrary to the long established principle that the individual land owner's right to the unfettered use of his lands must yield to the public good if necessary to protect the public health, safety, morals etc. [City of] Miami Beach v. Wiesen [Fla.] 86 So.2d 442 . 1968Wiesen [Fla.], 86 So. (2nd) 442 . | 2 | 1968–1968 |
Aguilera v. Inservices, Inc.
green
1 sentence2006An employee's complaint must, indeed, allege conduct that is or is tantamount to an independent tort." Id. at 95 . | 1 | 2006–2006 |
Bystrom v. EQUITABLE LIFE ASSUR. SOC., ETC.
green
1 sentence2002See County of Palm Beach v. State, 342 So.2d 56 , 58 & n. 1 (Fla.1976); Straughn v. Tuck, 354 So.2d 368 (Fla.1977); Bystrom v. Equitable Life Assurance Soc'y of the United States, 416 So.2d 1133 (Fla. 3d DCA 1982). | 1 | 2002–2002 |
Straughn v. Tuck
green
1 sentence2002See County of Palm Beach v. State, 342 So.2d 56 , 58 & n. 1 (Fla.1976); Straughn v. Tuck, 354 So.2d 368 (Fla.1977); Bystrom v. Equitable Life Assurance Soc'y of the United States, 416 So.2d 1133 (Fla. 3d DCA 1982). | 1 | 2002–2002 |
Milnes v. General Elec. Credit Corp.
green
1 sentence1990Independent News Co. v. Williams, 293 F.2d 510 (3rd Cir.1961); Milnes v. General Electric Credit Corp., 377 So.2d 725 (Fla. 3d DCA 1980); Carlsen v. Rivera, 382 So.2d 825 (Fla. 4th DCA 1980). | 1 | 1990–1990 |
Jordan v. State
green
1 sentence1990Jordan v. State, 560 So.2d 315 (Fla. 1st DCA 1990); Finney v. State, 550 So.2d 1194 (Fla. 1st DCA 1989). | 1 | 1990–1990 |
Brown v. State
green
1 sentence1990Jordan v. State, 560 So.2d 315 (Fla. 1st DCA 1990); Finney v. State, 550 So.2d 1194 (Fla. 1st DCA 1989). | 1 | 1990–1990 |
Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry Williams
green
1 sentence1990Independent News Co. v. Williams, 293 F.2d 510 (3rd Cir.1961); Milnes v. General Electric Credit Corp., 377 So.2d 725 (Fla. 3d DCA 1980); Carlsen v. Rivera, 382 So.2d 825 (Fla. 4th DCA 1980). | 1 | 1990–1990 |
Carlsen v. Rivera
green
1 sentence1990Independent News Co. v. Williams, 293 F.2d 510 (3rd Cir.1961); Milnes v. General Electric Credit Corp., 377 So.2d 725 (Fla. 3d DCA 1980); Carlsen v. Rivera, 382 So.2d 825 (Fla. 4th DCA 1980). | 1 | 1990–1990 |
Glass v. Continental Guaranty Corp.
green
2 sentences1990We hold that as a matter of law when an artist fails to avail himself of the provisions of the Artist's Consignment Act, Sections 686.501 et seq., Florida Statutes, and places in commerce paintings of art with no notation as to ownership thereon, an innocent third party who takes a security position in these paintings has a superior possessory interest, vis-a-vis the artist under the long established principle of law that as between two innocent parties, the one that created the situation causing the loss, will not be held to have a superior position to the completely innocent party upon the f 1990We hold that as a matter of law when an artist fails to avail himself of the provisions of the Artist's Consignment Act, Sections 686.501 et seq., Florida Statutes, and places in commerce paintings of art with no notation as to ownership thereon, an innocent third party who takes a security position in these paintings has a superior possessory interest, vis-a-vis the artist under the long established principle of law that as between two innocent parties, the one that created the situation causing the loss, will not be held to have a superior position to the completely innocent party upon the f | 1 | 1990–1990 |
Weaver v. Stone
green
1 sentence1989Weaver v Stone, 212 So.2d 80 (Fla. 4th DCA 1968). | 1 | 1989–1989 |
Gasset v. State
green
1 sentence1989State v. Cain, 381 So.2d 1361, 1367 (Fla.1980); Johnson v. State, 314 So.2d 573, 577 (Fla.1975); Gasset v. State, 490 So.2d 97 , 98 n. 1 (Fla.3d DCA), rev. denied, 500 So.2d 544 (Fla. 1986); Crews v. State, 366 So.2d 117, 118 (Fla. 1st DCA), cert. denied, 376 So.2d 70 (Fla.1979). | 1 | 1989–1989 |
Roberts v. Dean Cone v. Dean
green
1 sentence1987As to Scandinavian's next contention that the jury's verdict was excessive and required either a new trial or remittitur, the long established rule in Florida is that "a new trial should not be granted for excessive damages unless the amount is such as to shock the judicial conscience or to indicate that the jury has been influenced unduly by passion or prejudice." Warner v. Ware, 136 Fla. 466, 477 , 182 So. 605 , 610 (1938). | 1 | 1987–1987 |
Warner v. Ware
green
1 sentence1987As to Scandinavian's next contention that the jury's verdict was excessive and required either a new trial or remittitur, the long established rule in Florida is that "a new trial should not be granted for excessive damages unless the amount is such as to shock the judicial conscience or to indicate that the jury has been influenced unduly by passion or prejudice." Warner v. Ware, 136 Fla. 466, 477 , 182 So. 605 , 610 (1938). | 1 | 1987–1987 |
| Eli Witt Cigar & Tobacco Co. v. Matatics green | 1 | 1986–1986 |
Pitts v. State
green
1 sentence1986Exxon Company, U.S.A. v. Alexis, 370 So.2d 1128 (Fla.1978); Pitts v. State, 185 So.2d 164 (Fla.1966); Eli Witt Cigar & Tobacco Co. v. Matatics, 55 So.2d 549 (Fla.1951); Thrifty Supermarket, Inc. v. Kitchener, 227 So.2d 500 (Fla. 3d DCA 1969). | 1 | 1986–1986 |
Exxon Co. v. Alexis
green
1 sentence1986Exxon Company, U.S.A. v. Alexis, 370 So.2d 1128 (Fla.1978); Pitts v. State, 185 So.2d 164 (Fla.1966); Eli Witt Cigar & Tobacco Co. v. Matatics, 55 So.2d 549 (Fla.1951); Thrifty Supermarket, Inc. v. Kitchener, 227 So.2d 500 (Fla. 3d DCA 1969). | 1 | 1986–1986 |
Thrifty Super Market, Inc. v. Kitchener
green
1 sentence1986Exxon Company, U.S.A. v. Alexis, 370 So.2d 1128 (Fla.1978); Pitts v. State, 185 So.2d 164 (Fla.1966); Eli Witt Cigar & Tobacco Co. v. Matatics, 55 So.2d 549 (Fla.1951); Thrifty Supermarket, Inc. v. Kitchener, 227 So.2d 500 (Fla. 3d DCA 1969). | 1 | 1986–1986 |
| Ruff v. Guaranty Title & Trust Co. green | 1 | 1985–1985 |
| Martin v. BOARD OF CTY. COM'RS OF LEE CTY. green | 1 | 1982–1982 |
| BOARD OF COUNTY COM'RS v. Dexterhouse green | 1 | 1982–1982 |
| General Dynamics Corp. v. Marshall green | 1 | 1982–1982 |
| Hawkins v. Blake neutral | 1 | 1981–1981 |
| 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor Company green | 1 | 1981–1981 |
| Rosenfelder v. Huttoe neutral | 1 | 1976–1976 |
| State Ex Rel. Turner v. Earle green | 1 | 1976–1976 |
| In re Advisory Opinion to the Governor green | 1 | 1976–1976 |
| In re Advisory Opinion to the Governor green | 1 | 1976–1976 |
| C. W. Latimer, Jr. v. Sears Roebuck and Company green | 1 | 1975–1975 |
| Jones v. Hoffman green | 1 | 1975–1975 |
| Pensacola Electric Co. v. Soderlind neutral | 1 | 1975–1975 |
| McDaniel v. Harrell green | 1 | 1975–1975 |
| Rowe v. State green | 1 | 1971–1971 |
| Hathaway v. State green | 1 | 1971–1971 |
| Gibson v. State neutral | 1 | 1971–1971 |
| Miller v. Quigg neutral | 1 | 1971–1971 |
| Lynch v. Lynch green | 1 | 1927–1927 |
| McLeod v. Dell neutral | 1 | 1919–1919 |
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.