method challenge in Florida

31 Florida opinions name it 3 courts 1935–2019 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 (27)

Case	Followed	Cited
Cowen v. Thorntongreen fladistctapp · 1993 · cited in 2 Florida opinions naming this issue, 1995–2005 2 sentences 2005See, e.g., Cocca v. Smith, 821 So.2d 328, 330 (Fla. 2d DCA 2002); Cowen v. Thornton, 621 So.2d 684, 687 (Fla. 2d DCA 1993). 1995See Cowen v. Thornton, 621 So.2d 684, 687 (Fla. 2d DCA 1993) ("The proper method to challenge an inadequate verdict is to file a motion for new trial."); accord Cowart v. Kendall United Methodist Church, 476 So.2d 289 (Fla. 3d DCA 1985).	2	2
Abreu-Gutierrez v. Jamesgreen fladistctapp · 2009 · cited in 2 Florida opinions naming this issue, 2018–2019 2 sentences 2019Id. at 266-67 . 2018The trial court denied its motion, determining that because Spuhler did not meet the criteria for commitment under section 916.13, conditional release was not available and the State's only remedy was under the Baker Act, if appropriate. "[C]ertiorari review is proper when it is alleged that the circuit court's interpretation of a statute violates clearly established law or when it fails to follow the dictates of a statute[] and the error is sufficiently egregious as to result in a miscarriage of justice." McCray v. State, 230 So. 3d 495, 497 (Fla. 2d DCA 2017) (quoting In re Asbestos Litig.,	1	2
McCray v. Stategreen fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2018–2018 1 sentence 2018The trial court denied its motion, determining that because Spuhler did not meet the criteria for commitment under section 916.13, conditional release was not available and the State's only remedy was under the Baker Act, if appropriate. "[C]ertiorari review is proper when it is alleged that the circuit court's interpretation of a statute violates clearly established law or when it fails to follow the dictates of a statute[] and the error is sufficiently egregious as to result in a miscarriage of justice." McCray v. State, 230 So. 3d 495, 497 (Fla. 2d DCA 2017) (quoting In re Asbestos Litig.,	1	1
In Re Asbestos Litigationgreen fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2018–2018 1 sentence 2018The trial court denied its motion, determining that because Spuhler did not meet the criteria for commitment under section 916.13, conditional release was not available and the State's only remedy was under the Baker Act, if appropriate. "[C]ertiorari review is proper when it is alleged that the circuit court's interpretation of a statute violates clearly established law or when it fails to follow the dictates of a statute[] and the error is sufficiently egregious as to result in a miscarriage of justice." McCray v. State, 230 So. 3d 495, 497 (Fla. 2d DCA 2017) (quoting In re Asbestos Litig.,	1	1
Laverde v. Stategreen fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2016–2016 1 sentence 2016Laverde v. State, 933 So.2d 1289, 1290 (Fla. 4th DCA 2006); Pontius v. State, 932 So.2d 618, 619 (Fla. 4th DCA 2006); Scharfschwerdt v. Kanarek, 553 So.2d 218, 219 (Fla. 4th DCA 1989) (citing Reino v. State, 352 So.2d 853 (Fla.1977)).	1	1
Scharfschwerdt v. Kanarekgreen fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2016–2016 1 sentence 2016Laverde v. State, 933 So.2d 1289, 1290 (Fla. 4th DCA 2006); Pontius v. State, 932 So.2d 618, 619 (Fla. 4th DCA 2006); Scharfschwerdt v. Kanarek, 553 So.2d 218, 219 (Fla. 4th DCA 1989) (citing Reino v. State, 352 So.2d 853 (Fla.1977)).	1	1
Pontius v. Stategreen fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2016–2016 1 sentence 2016Laverde v. State, 933 So.2d 1289, 1290 (Fla. 4th DCA 2006); Pontius v. State, 932 So.2d 618, 619 (Fla. 4th DCA 2006); Scharfschwerdt v. Kanarek, 553 So.2d 218, 219 (Fla. 4th DCA 1989) (citing Reino v. State, 352 So.2d 853 (Fla.1977)).	1	1
Hoffman v. WELLS FARGO BANK MINNESOTAgreen fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015See Johnson v. Office of the State Attorney, 987 So.2d 206, 208 (Fla. 5th DCA 2008) (citing Card v. State, 497 So.2d 1169 (Fla.1986)).	1	1
Mederos v. Stategreen fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015Mederos v. State, 102 So.3d 7, 11 (Fla. 1st DCA 2012).	1	1
Card v. Stategreen fla · 1986 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015See Johnson v. Office of the State Attorney, 987 So.2d 206, 208 (Fla. 5th DCA 2008) (citing Card v. State, 497 So.2d 1169 (Fla.1986)).	1	1
Florida House of Representatives v. Cristgreen fla · 2008 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011See, e.g., Fla. House of Reps. v. Crist, 999 So.2d 601, 607 (Fla.2008) (concluding that the Court had quo warranto jurisdiction where petitioners sought relief against the governor for exceeding his authority to unilaterally execute a gambling compact expanding casino gambling on tribal lands); Martinez, 545 So.2d at 1339 (deciding that quo warranto was the proper method to test the governor’s power to call a second special session).	1	1
Vasquez v. Stategreen fla · 1986 · cited in 1 Florida opinions naming this issue, 2009–2009 1 sentence 2009Patton v. State, 712 So.2d 1206, 1207 (Fla. 1st DCA 1998); see also Vasquez v. State, 496 So.2d 818, 819-20 (Fla.1986).	1	1
Patton v. Stategreen fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2009–2009 1 sentence 2009Patton v. State, 712 So.2d 1206, 1207 (Fla. 1st DCA 1998); see also Vasquez v. State, 496 So.2d 818, 819-20 (Fla.1986).	1	1
Manning v. Stategreen fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008It agreed that a petition for writ of habeas corpus was the correct method to challenge his detention according to the First District's decision in Manning v. State, 913 So.2d 37, 37 (Fla. 1st DCA 2005).	1	1
Frederick v. Stategreen fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	1
Collins v. Stategreen fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	1
State v. Broomgreen fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	1
Cocca v. Smithgreen fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2005–2005 1 sentence 2005See, e.g., Cocca v. Smith, 821 So.2d 328, 330 (Fla. 2d DCA 2002); Cowen v. Thornton, 621 So.2d 684, 687 (Fla. 2d DCA 1993).	1	1
Cowart v. Kendall United Methodist Churchgreen fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 1995–1995 1 sentence 1995See Cowen v. Thornton, 621 So.2d 684, 687 (Fla. 2d DCA 1993) ("The proper method to challenge an inadequate verdict is to file a motion for new trial."); accord Cowart v. Kendall United Methodist Church, 476 So.2d 289 (Fla. 3d DCA 1985).	1	1
Pino v. District Court of Appeal, Third Districtgreen fla · 1992 · cited in 1 Florida opinions naming this issue, 1995–1995 1 sentence 1995Pino v. District Court of Appeal, Third Dist., 604 So.2d 1232, 1233 (Fla. 1992).	1	1
NME Properties, Inc. v. McCulloughgreen fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1994–1994	1	1
McCloud v. Sherman Mobile Concrete Co., Inc.green fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993	1	1
Wheeler v. Stategreen fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 1990–1990	1	1
Winter v. Mackgreen fla · 1940 · cited in 1 Florida opinions naming this issue, 1989–1989	1	1
Darden v. Wainwrightgreen fladistctapp · 1970 · cited in 1 Florida opinions naming this issue, 1988–1988	1	1
Marcello v. United Statesgreen ca5 · 1952 · cited in 1 Florida opinions naming this issue, 1954–1954	1	1
Feldman v. United Statesred scotus · 1944 · cited in 1 Florida opinions naming this issue, 1954–1954	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (23)

Case	Cited	Years
NME Hospitals, Inc. v. Azzariti green fladistctapp · 1991 2 sentences 1994NME Properties, Inc. v. McCullough, 590 So.2d 439, 440 (Fla. 2d DCA 1991); NME Hospitals, Inc. v. Azzariti, 573 So.2d 173 (Fla. 2d DCA 1991); Pearlstein v. Malunney, 500 So.2d 585 (Fla. 2d DCA 1986), rev. denied, 511 So.2d 299 (Fla. 1987). 1991NME Hospitals, Inc. v. Azzariti, 573 So.2d 173 (Fla. 2d DCA 1991).	2	1991–1994
Reino v. State green fla · 1977 1 sentence 2016Laverde v. State, 933 So.2d 1289, 1290 (Fla. 4th DCA 2006); Pontius v. State, 932 So.2d 618, 619 (Fla. 4th DCA 2006); Scharfschwerdt v. Kanarek, 553 So.2d 218, 219 (Fla. 4th DCA 1989) (citing Reino v. State, 352 So.2d 853 (Fla.1977)).	1	2016–2016
State v. Springer green fladistctapp · 2007 1 sentence 2010State v. Springer, 965 So.2d 270 (Fla. 5th DCA 2007). 2 .	1	2010–2010
McLeroy v. State green fladistctapp · 1997 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	2007–2007
McLevy v. State green fladistctapp · 2001 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	2007–2007
Leichtman v. Singletary green fladistctapp · 1996 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	2007–2007
Sheriff v. Moore green fladistctapp · 2001 1 sentence 2007Collins v. State, 859 So.2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff v. Moore, 781 So.2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred"). [2] Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988).	1	2007–2007
Tormey v. Moore green fla · 2002 1 sentence 2003Regrettably, it cannot be applied in the case now before us on account of the Florida Supreme Court's recent decision in Tormey v. Moore, 824 So.2d 137 (Fla.2002).	1	2003–2003
Reyher v. Reyher green fladistctapp · 1986 1 sentence 2000Reyher v. Reyher, 495 So.2d 797 (Fla. 2d DCA 1986), sets forth the method of analysis *1184 for equitable distribution of pension plans: The analysis in the equitable distribution of pension plans begins with 100% ownership (i.e., beneficial interest) by one party....	1	2000–2000
MIAMI PHYSICAL THERAPY v. Savage green fladistctapp · 1994	1	1994–1994
Pearlstein v. Malunney green fladistctapp · 1986 1 sentence 1994NME Properties, Inc. v. McCullough, 590 So.2d 439, 440 (Fla. 2d DCA 1991); NME Hospitals, Inc. v. Azzariti, 573 So.2d 173 (Fla. 2d DCA 1991); Pearlstein v. Malunney, 500 So.2d 585 (Fla. 2d DCA 1986), rev. denied, 511 So.2d 299 (Fla. 1987).	1	1994–1994
Kennedy v. State green fla · 1984	1	1992–1992
Blockburger v. United States green scotus · 1931	1	1990–1990
Carawan v. State red fla · 1987	1	1990–1990
State v. Peters green moctapp · 1987	1	1988–1988
Pomponio v. Claridge of Pompano Condominium green fla · 1979	1	1984–1984
Diamond v. Oreamuno green ny · 1969	1	1975–1975
State Ex Rel. Trimble v. Hedman green minn · 1971	1	1972–1972
Mack v. State green fla · 1907	1	1972–1972
Depfer v. Walker green fla · 1935	1	1958–1958
Commonwealth v. Jones green mass · 1886	1	1940–1940
Harry E. Prettyman, Inc. v. Florida Real Estate Commission green fla · 1926	1	1935–1935
Florida Motor Lines, Inc. v. Railroad Commissioners green fla · 1930	1	1935–1935

Statutes the citing opinions construe

FL § 766.106 (3) FL § 916.13 (3)

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.

Where else courts name it

CT 126 (1942–2023) IL 101 (1909–2026) CA 87 (1928–2026) TX 73 (1972–2025) OH 61 (1957–2026) OR 46 (1962–2025) PA 42 (1935–2024) NY 34 (1892–2026) FL 31 (1935–2019) LA 28 (1923–2024) NC 27 (1916–2023) IN 27 (1972–2019) MA 26 (1936–2025) MO 26 (1913–2015) MI 25 (1974–2023) AL 25 (1923–2015) WA 25 (1967–2025) WI 23 (1953–2023) AZ 19 (1964–2025) NJ 17 (1845–2018) WV 14 (1955–2022) NE 14 (1950–2002) TN 13 (1972–2026) MN 12 (1985–2018) GA 11 (1936–2023) NV 10 (1996–2020) MD 10 (1971–2016) ND 9 (1975–2013) IA 9 (1980–2019) OK 8 (1943–2015) CO 8 (1982–2018) SD 7 (1958–2003) AR 7 (1915–2025) RI 7 (1976–2017) MT 6 (1930–2017) WY 6 (1965–1993) VT 6 (1935–2020) ME 5 (1981–2021) KY 5 (1915–2022) NM 5 (1991–2022) HI 4 (1952–2015) UT 4 (1985–2016) KS 3 (1923–2024) VA 3 (2005–2020) AK 2 (1984–1986) DE 2 (2009–2024) ID 2 (1991–1996) NH 2 (2016–2019) DC 2 (1992–2014)

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.

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