like defense in Florida

30 Florida opinions name it 3 courts 1878–2026 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.

Followed or applied (11)

Case	Followed	Cited
Palmer v. Santa Fe Healthcare Systems, Inc.green fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2026–2026 1 sentence 2026As with other types of fraud, whether a notice of nonpayment under section 255.05 is fraudulent is typically a fact issue for the trier of fact, dependent on “a full explanation of the facts and circumstances of the alleged wrong.” Palmer v. Santa Fe Healthcare Sys., Inc., 582 So. 2d 1234, 1236 (Fla. 1st DCA 1991) (quoting Hermes v. Anton, 300 So. 2d 46, 47 (Fla. 3d DCA 1974)).	1	1
Hermes v. Antongreen fladistctapp · 1974 · cited in 1 Florida opinions naming this issue, 2026–2026 1 sentence 2026As with other types of fraud, whether a notice of nonpayment under section 255.05 is fraudulent is typically a fact issue for the trier of fact, dependent on “a full explanation of the facts and circumstances of the alleged wrong.” Palmer v. Santa Fe Healthcare Sys., Inc., 582 So. 2d 1234, 1236 (Fla. 1st DCA 1991) (quoting Hermes v. Anton, 300 So. 2d 46, 47 (Fla. 3d DCA 1974)).	1	1
Daniell v. Sherrillgreen fla · 1950 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov	1	1
State v. Hargisgreen fladistctapp · 1976 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov	1	1
Velazquez v. Stategreen fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov	1	1
Echevarria v. Stategreen fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov	1	1
State v. Fraziergreen fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2011–2011 2 sentences 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov 2011State v. Frazier, 697 So.2d 944, 945 (Fla. 3d DCA 1997) (“the prosecution, having reaped the benefits of the agreement by securing the guilty plea, must be held to its detriments ... the state, above all parties, must keep its word.”); see Velazquez v. State, 870 So.2d 863 (Fla. 3d DCA 2004) (“[T]he state, above all parties, must keep its word.” (quoting Frazier, 697 So.2d at 945 )); Echevarria v. State, 845 So.2d 340, 341 (Fla. 3d DCA 2003) (same); State v. Hargis, 328 So.2d 479, 481 (Fla. 1st DCA 1976) (Rawls, J., dissenting) (“If ... ‘men must turn square corners when they deal with the Gov	1	1
Cook v. DIV. OF PERSONNEL, DEPT. OF ADMIN.green fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 1982–1982 1 sentence 1982In Cook v. Division of Personnel, Department of Administration, 356 So.2d 356, 358 (Fla. 1st DCA 1978), this Court sustained against a like challenge another section of DOA Rule 22A-7, to the effect that "absence without authorized leave for three consecutive days" is to be deemed a formal resignation without recourse to the Career Service Commission.	1	1
Presbyterian Homes of Synod of Florida v. Woodgreen fla · 1974 · cited in 1 Florida opinions naming this issue, 1978–1978 1 sentence 1978In 1976 a like clause was contained in 20 statutes, and in 1977 a like clause was contained in 30 statutes. [4] Presbyterian Homes of Synod of Florida v. Wood, 297 So.2d 556, 559 (Fla. 1974); State ex rel.	1	1
State Ex Rel. Limpus v. Newellgreen fla · 1956 · cited in 1 Florida opinions naming this issue, 1978–1978 1 sentence 1978Limpus v. Newell, 85 So.2d 124, 128 (Fla. 1956); State v. Calhoun County, 127 Fla. 304, 311-13 , 170 So. 883 , 886 (1936). [5] State ex rel.	1	1
State v. Carrgreen ca8 · 1911 · cited in 1 Florida opinions naming this issue, 1950–1950 1 sentence 1950See the case of State of Iowa v. Carr, 8 Cir., 191 F. 257 , 266 where the Court said: "But the great weight of authority, the stronger reasons and the settled rule upon this subject in the courts of the United States, is that, while mere delay does not, either by limitation or laches, of itself constitute a bar to suits and claims of a state or of the United States, yet, when a sovereignty submits itself to the jurisdiction of a court of equity and prays its aid, its claims and rights are judicable by every other principle and rule of equity applicable to the claims and rights of private parti	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 (29)

Case	Cited	Years
Moses H. Cone Memorial Hospital v. Mercury Construction Corp. green scotus · 1983 2 sentences 1992Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983), the Court announced an invariable rule for cases covered by the United States Arbitration Act [USAA], 9 U.S.C. sections 1-14 (1982): The [USAA] establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues, should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability. 460 U.S. at 24-25 , 103 S.Ct. at 941 . 1992Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983), the Court announced an invariable rule for cases covered by the United States Arbitration Act [USAA], 9 U.S.C. sections 1-14 (1982): The [USAA] establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues, should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability. 460 U.S. at 24-25 , 103 S.Ct. at 941 .	5	1984–2006
Howsam v. Dean Witter Reynolds, Inc. green scotus · 2002 2 sentences 2016There is no “question of arbitrability” “where parties would likely expect that an arbitrator would decide the gateway matter” such as “ ‘procedural’ questions which grow out of the dispute and bear on its final disposition,” and “allegation[s] of waiver, delay, or a like defense to arbitra-bility.” Id. at 84 , 123 S.Ct. 588 (alteration in original) (citations omitted). 2016There is no “question of arbitrability” “where parties would likely expect that an arbitrator would decide the gateway matter” such as “ ‘procedural’ questions which grow out of the dispute and bear on its final disposition,” and “allegation[s] of waiver, delay, or a like defense to arbitra-bility.” Id. at 84 , 123 S.Ct. 588 (alteration in original) (citations omitted).	4	2006–2016
Worthen v. State ex rel. Verner neutral ala · 1914 2 sentences 1956Verner, 189 Ala. 395 , 66 So. 686 , the Supreme Court of Alabama has approved the like rule affecting a statute almost identical with ours. 1956Verner, 189 Ala. 395 , 66 So. 686 , the Supreme Court of Alabama has approved the like rule affecting a statute almost identical with ours.	2	1942–1956
O'Keefe Architects v. Ced Const. Partners green fla · 2006 1 sentence 2007So, too, the presumption is that the arbitrator should decide "allegation[s] of waiver, delay, or a like defense to arbitrability." Indeed, the Revised Uniform Arbitration Act of 2000 (RUAA), seeking to "incorporate the holdings of the vast majority of state courts and the law that has developed under the [Federal Arbitration Act]," states that an "arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled." RUAA § 6(c), and comment 2, 7 U.L.A. 12-13 (Supp.2002). *1075 O'Keefe, 944 So.2d at 186 -87 (quoting Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 84-85	1	2007–2007
Southland Corp. v. Keating green scotus · 1984 2 sentences 1992That was followed less than a year later with the decision in Southland Corporation v. Keating, 465 U.S. 1 , 104 S.Ct. 852 , 79 L.Ed.2d 1 (1984). 1992That was followed less than a year later with the decision in Southland Corporation v. Keating, 465 U.S. 1 , 104 S.Ct. 852 , 79 L.Ed.2d 1 (1984).	1	1992–1992
Hadley v. Department of Administration green fla · 1982 1 sentence 1982In a case decided while the Nelson appeals were pending here, the Supreme Court approved this qualification of Career Service Commission review powers in Hadley v. Department of Administration, 411 So.2d 184 (Fla. 1982).	1	1982–1982
State v. Calhoun County green fla · 1936 1 sentence 1978Limpus v. Newell, 85 So.2d 124, 128 (Fla. 1956); State v. Calhoun County, 127 Fla. 304, 311-13 , 170 So. 883 , 886 (1936). [5] State ex rel.	1	1978–1978
State v. Calhoun County green fla · 1936 1 sentence 1978Limpus v. Newell, 85 So.2d 124, 128 (Fla. 1956); State v. Calhoun County, 127 Fla. 304, 311-13 , 170 So. 883 , 886 (1936). [5] State ex rel.	1	1978–1978
Smith v. State green fla · 1970 1 sentence 1977A "reasonable and prudent man" standard for motor vehicle violations was found not to be vague in Smith v. State, 237 So.2d 139 (Fla. 1970), and the state suggests that a like standard applied to elected public officials would surely make evident that "malpractice in office" at least means a breach or neglect of statutory responsibilities.	1	1977–1977
Bellaire Securities Corp. v. Brown green fla · 1936 2 sentences 1962This analysis is further fortified by a subsequent decision of the Supreme Court of Florida in Bellaire Securities Corp. v. Brown, 1936, 124 Fla. 47 , 168 So. 625 in which that court said: "According to the strict common-law rule, in order to bind a principal by a contract under seal, as this one was, the instrument must profess to bind the principal, and it must be executed in his name and as his deed or contract. 1962This analysis is further fortified by a subsequent decision of the Supreme Court of Florida in Bellaire Securities Corp. v. Brown, 1936, 124 Fla. 47 , 168 So. 625 in which that court said: "According to the strict common-law rule, in order to bind a principal by a contract under seal, as this one was, the instrument must profess to bind the principal, and it must be executed in his name and as his deed or contract.	1	1962–1962
Hillsborough County v. Dickenson green fla · 1935 2 sentences 1962A like rule applies to a resulting or a constructive trust ...” Hillsborough County v. Dickenson, 125 Fla. 181 , 169 So. 734, 737 . 1962A like rule applies to a resulting or a constructive trust ...” Hillsborough County v. Dickenson, 125 Fla. 181 , 169 So. 734, 737 .	1	1962–1962
Hill v. Gratigny Plateau Development Corp. neutral ca6 · 1931 1 sentence 1962For a like analysis and holding, see Hill v. Gratigny Plateau Development Corp., C.C.A. 6th, 1931, 52 F.2d 142 .	1	1962–1962
Ensign v. Harney neutral neb · 1883 1 sentence 1952The supreme court of Nebraska declared a like doctrine in Ensign v. Harney, 15 Neb. 330 , 18 N.W. 73 , 48 Am.Rep. 344 , where it was said: `Unless fair-minded, unbiased jurors can be selected, a trial becomes a mere farce, dependent, not upon the merits of the case, but upon extraneous circumstances, such as the bias, prejudice, or interest of the jury.	1	1952–1952
In Re: Petition of Fla. State Bar Ass'n. green fla · 1940 2 sentences 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule. 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule.	1	1945–1945
Petition Jacksonville Bar Association green fla · 1936 2 sentences 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule. 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule.	1	1945–1945
Petition State Bar Association Re: Proposed Court Rules green fla · 1938 2 sentences 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule. 1945In petition of the State Bar Association, 134 Fla. 851 , 186 So. 280 , and also same title, 145 Fla. 223 , 199 So. 57 , and petition of the Jacksonville Bar Association, 125 Fla. 175 , 169 So. 674 , we had another phase of the question before us and approved a like rule.	1	1945–1945
State v. City of Pensacola neutral fla · 1936 1 sentence 1938A like rule applies when it is attempted by statute or constitutional amendment .to exempt lands from taxation resulting in a violation of the organic commands that nc law shall be passed violating the obligation of contracts.' Sec. 17, Declaration of Rights, Florida Constitution; Sec. 1, Art. 10, Federal Constitution; Boatright v. City of Jacksonville, 117 Fla. 477 , 158 So. 52 ; Gray v. Moss, 115 Fla. 701 , 156 So. 262 ; State v. City of Pensacola, 123 Fla. 441 , 166 So. 851 .	1	1938–1938
Boatright v. City of Jacksonville green fla · 1934 1 sentence 1938A like rule applies when it is attempted by statute or constitutional amendment .to exempt lands from taxation resulting in a violation of the organic commands that nc law shall be passed violating the obligation of contracts.' Sec. 17, Declaration of Rights, Florida Constitution; Sec. 1, Art. 10, Federal Constitution; Boatright v. City of Jacksonville, 117 Fla. 477 , 158 So. 52 ; Gray v. Moss, 115 Fla. 701 , 156 So. 262 ; State v. City of Pensacola, 123 Fla. 441 , 166 So. 851 .	1	1938–1938
Gray v. Moss green fla · 1934 2 sentences 1938A like rule applies when it is attempted by statute or constitutional amendment .to exempt lands from taxation resulting in a violation of the organic commands that nc law shall be passed violating the obligation of contracts.' Sec. 17, Declaration of Rights, Florida Constitution; Sec. 1, Art. 10, Federal Constitution; Boatright v. City of Jacksonville, 117 Fla. 477 , 158 So. 52 ; Gray v. Moss, 115 Fla. 701 , 156 So. 262 ; State v. City of Pensacola, 123 Fla. 441 , 166 So. 851 . 1938A like rule applies when it is attempted by statute or constitutional amendment .to exempt lands from taxation resulting in a violation of the organic commands that nc law shall be passed violating the obligation of contracts.' Sec. 17, Declaration of Rights, Florida Constitution; Sec. 1, Art. 10, Federal Constitution; Boatright v. City of Jacksonville, 117 Fla. 477 , 158 So. 52 ; Gray v. Moss, 115 Fla. 701 , 156 So. 262 ; State v. City of Pensacola, 123 Fla. 441 , 166 So. 851 .	1	1938–1938
Guthrie's Estate green pa · 1935	1	1937–1937
Busch v. City Trust Co. neutral fla · 1931	1	1935–1935
Alcazar Amusement Co. v. Mudd & Colley Amusement Co. green ala · 1920	1	1935–1935
Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co. green scotus · 1891	1	1928–1928
United States v. Lombardo green wawd · 1915	1	1923–1923
Stowe v. Mapes Formula & Peruvian Guano Co. neutral fla · 1884	1	1903–1903
Howard v. Hunter green ga · 1902	1	1902–1902
Will of Ladd neutral wis · 1884	1	1902–1902
Donnell v. Jones green ala · 1848	1	1878–1878
Ketcham v. Hill neutral ind · 1873	1	1878–1878

Statutes the citing opinions construe

FL § 682.03 (3) USC § 9u.s.c.4 (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

CA 129 (1885–2026) NY 107 (1807–2024) AL 84 (1884–2023) MO 80 (1856–2018) TX 79 (1881–2025) WA 70 (1897–2025) IL 55 (1878–2023) IN 44 (1866–2023) PA 42 (1878–2015) IA 36 (1849–1997) NC 35 (1910–2018) MI 32 (1871–2023) FL 30 (1878–2026) MS 30 (1874–2023) CO 29 (1890–2013) VA 28 (1832–2004) NJ 26 (1843–2026) GA 26 (1891–2026) MA 25 (1868–2025) OH 22 (1856–2014) NE 21 (1881–2000) OR 20 (1887–2011) LA 19 (1913–2024) CT 17 (1840–2013) DE 17 (1888–2026) MN 16 (1898–2003) KY 16 (1926–2024) MD 16 (1885–2016) WI 16 (1908–2024) OK 15 (1907–1998) KS 14 (1889–2016) NM 13 (1939–2025) TN 12 (1885–1971) MT 12 (1897–2024) WY 11 (1924–2004) SC 11 (1936–2024) WV 10 (1926–2024) AZ 9 (1894–2020) ME 8 (1839–2021) HI 7 (1905–2022) RI 6 (1938–2001) ID 6 (1912–2009) AR 5 (1903–1959) NV 5 (1955–2017) SD 4 (1910–2011) UT 4 (1873–2002) PR 3 (1919–1932) DC 3 (1943–2010) VT 2 (1927–1929) NH 2 (1859–2014)

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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