principle immunity (Florida) · Go Syfert
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principle immunity in Florida

29 Florida opinions name it 2 courts 1849–2022 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 (16)

CaseFollowedCited
Orange County v. Dept. of Revenuegreen
fladistctapp · 1992 · cited in 2 Florida opinions naming this issue, 2019–2019
2 sentences

2019However, other cases have opined that "immunity from taxation flows directly from the Constitution." Orange County v. Fla. Dep't of Revenue, 605 So. 2d 1333, 1334 (Fla. 5th DCA 1992). -3- argues that those lands are subject to taxation.

2019However, other cases have opined that "immunity from taxation flows directly from the Constitution." Orange County v. Fla. Dep't of Revenue, 605 So. 2d 1333, 1334 (Fla. 5th DCA 1992). -3- argues that those lands are subject to taxation.

22
State v. Rifegreen
fla · 2001 · cited in 2 Florida opinions naming this issue, 2003–2006
2 sentences

2006State v. Rife, 789 So.2d 288, 292 (Fla.2001) (internal citations and quotation marks omitted).

2003State v. Rife, 789 So.2d 288, 292 (Fla.2001) (citations and quotation marks omitted).

22
State v. Arthurgreen
fla · 1980 · cited in 2 Florida opinions naming this issue, 1995–2022
2 sentences

2022I write separately to address what the dissent calls “the liberty interest protected by article I, section 14, of the Florida Constitution.” We have said that provision “embodies the principle that the presumption of innocence abides in the accused for all purposes while awaiting trial.” Arthur, 390 So. 2d at 719 .

1995Moreover, because the provision "embodies the principle that the presumption of innocence abides in the accused for all purposes while awaiting trial," the burden rests on the state to establish that "the proof of guilt is evident or the presumption is great." Id. at 719-20 (footnote omitted).

12
Ramirez v. Stategreen
fla · 1995 · cited in 2 Florida opinions naming this issue, 2001–2002
2 sentences

2002"The principle inquiry under the Frye test is whether the scientific theory or discovery from which an expert derives an opinion is reliable." Ramirez v. State, 651 So.2d 1164, 1167 (Fla.1995).

2001As our supreme court observed in Ramirez : "The principle inquiry under the Frye test is whether the scientific theory or a discovery from which an expert derives an opinion is reliable." 651 So.2d at 1167 .

12
Southern Industrial Tire, Inc. v. Chicago Industrial Tire, Inc.green
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004Tire, Inc., 541 So.2d 790, 791 (Fla. 4th DCA 1989) (applying the principle of rule 9.020(h)(3) to a nonfinal order; deeming a party to have abandoned a petition for rehearing directed at a nonfinal order by filing a notice of appeal during pendency of the petition for rehearing).

11
Smithwick v. TELEVISION 12green
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See, e.g., Dober v. Worrell, 401 So.2d 1322 , 1323-24 (Fla.1981); Keech v. Yousef, 815 So.2d 718, 719-20 (Fla. 5th DCA 2002); Smithwick v. Television 12 of Jacksonville, Inc., 730 So.2d 795, 797 (Fla. 1st DCA 1999).

11
Keech v. Yousefgreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See, e.g., Dober v. Worrell, 401 So.2d 1322 , 1323-24 (Fla.1981); Keech v. Yousef, 815 So.2d 718, 719-20 (Fla. 5th DCA 2002); Smithwick v. Television 12 of Jacksonville, Inc., 730 So.2d 795, 797 (Fla. 1st DCA 1999).

11
Dober v. Worrellgreen
fla · 1981 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See, e.g., Dober v. Worrell, 401 So.2d 1322 , 1323-24 (Fla.1981); Keech v. Yousef, 815 So.2d 718, 719-20 (Fla. 5th DCA 2002); Smithwick v. Television 12 of Jacksonville, Inc., 730 So.2d 795, 797 (Fla. 1st DCA 1999).

11
McDonald v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Id. at 58 (citations omitted).

11
The Florida Bar Re Amendments to Rulesgreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000The emphasized language was added by this Court in 1994 in recognition of the principle that rule 4-8.4(d) "must be limited in its application to situations involving the practice of law in order to ensure that the First Amendment rights of lawyers are not unduly burdened." In re Amendments to Rules Regulating The Florida Bar, 624 So.2d 720, 721 (Fla.1993).

11
Mitchell v. Stategreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Mitchell, 521 So.2d at 187 .

11
Amato v. Amatogreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998The footnote in the Amato opinion, in fact, suggests a different result may have been obtained had the funds been traceable: "There is no serious suggestion that the original $70,000 deposit is capable of being traced some six years after the fact." 596 So.2d 1243, 1244, n. 1 .

11
Choi v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See also Choi v. State, 692 So.2d 973 (Fla. 2d DCA 1997) (applying the principle to a claim that the attorney failed to advise the client that he would be eligible for a guidelines sentence if he proceeded to trial, and the client entered a plea for such a sentence based on the attorney's advice that the client faced maximum sentences on all cases if he was found guilty at trial); See Beier v. State, 684 So.2d 306 (Fla. 2d DCA 1996).

11
O'Brien v. Wal-Mart Stores, Inc.green
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See also Choi v. State, 692 So.2d 973 (Fla. 2d DCA 1997) (applying the principle to a claim that the attorney failed to advise the client that he would be eligible for a guidelines sentence if he proceeded to trial, and the client entered a plea for such a sentence based on the attorney's advice that the client faced maximum sentences on all cases if he was found guilty at trial); See Beier v. State, 684 So.2d 306 (Fla. 2d DCA 1996).

11
Great Northern Life Insurance Co. v. Readgreen
scotus · 1944 · cited in 1 Florida opinions naming this issue, 1996–1996
2 sentences

1996Co. v. Read, 322 U.S. 47, 53-54 , 64 S.Ct. 873, 876 , 88 L.Ed. 1121, 1126 (1944): The principle of immunity from litigation assures the states and the nation from unanticipated intervention in the processes of government, while its rigors are mitigated by a sense of justice which has continually expanded by consent the suability of the sovereign.

1996Co. v. Read, 322 U.S. 47, 53-54 , 64 S.Ct. 873, 876 , 88 L.Ed. 1121, 1126 (1944): The principle of immunity from litigation assures the states and the nation from unanticipated intervention in the processes of government, while its rigors are mitigated by a sense of justice which has continually expanded by consent the suability of the sovereign.

11
DEPT. OF PROF. REG., BD. OF MEDICAL v. Durranigreen
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992Indeed, the principle applied in rule challenge proceedings that an agency's interpretation of a statute need not be the sole possible interpretation, or even the most desirable one but need only be within the range of possible interpretations, Department of Professional Regulations, Board of Medical Examiners v. Durrani, 455 So.2d 515, 517 (Fla. 1st DCA 1984), is merely a logical corollary of the rule often applied to determine the constitutional validity of a statute challenged on the ground that it offends the equal protection clause: that a statutory classification will not be invalidated

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 (21)

CaseCitedYears
Airvac, Inc. v. Ranger Insurance Co. green
fla · 1976
1 sentence

2009In Airvac, the defendant in an action for breach of warranty sought to amend its answer four days prior to trial. 330 So.2d at 468 .

12009–2009
Taylor v. School Bd. of Brevard County green
fla · 2004
2 sentences

2004Weekly S421 , S422, ___ So.2d ___, ___, 2004 WL 1846219 (Fla. Aug. 19, 2004), the Florida Supreme Court concluded that the "unrelated works" exception to workers' compensation immunity was to be interpreted narrowly and "applied only when it can clearly be demonstrated that a fellow employee whose actions caused the injury was engaged in works unrelated to the duties of the injured employee." Applying this principle and test to the facts therein, the Supreme Court found that the duties of a school bus attendant — who was injured when the wheelchair lift affixed to a school bus fell on him — we

2004Weekly S421 , S422, ___ So.2d ___, ___, 2004 WL 1846219 (Fla. Aug. 19, 2004), the Florida Supreme Court concluded that the "unrelated works" exception to workers' compensation immunity was to be interpreted narrowly and "applied only when it can clearly be demonstrated that a fellow employee whose actions caused the injury was engaged in works unrelated to the duties of the injured employee." Applying this principle and test to the facts therein, the Supreme Court found that the duties of a school bus attendant — who was injured when the wheelchair lift affixed to a school bus fell on him — we

12004–2004
Stephens v. Geoghegan green
fladistctapp · 1997
1 sentence

1999While this court has recently held that certiorari jurisdiction does lie to review the denial of a summary judgment motion based on public official immunity, see Stephens v. Geoghegan, 702 So.2d 517 (Fla. 2d DCA 1997), we decline to extend this principle to a claim of judicial proceedings privilege brought before this court on a denial of a motion to dismiss.

11999–1999
Randall v. Guenther green
fladistctapp · 1995
1 sentence

1996E.g., Randall v. Guenther, 650 So.2d 1070 (Fla. 5th DCA 1995).

11996–1996
Pula v. State green
fladistctapp · 1995
1 sentence

1995Pula v. State, 652 So.2d 981 (Fla. 5th DCA 1995).

11995–1995
Schweiker v. Wilson green
scotus · 1981
2 sentences

1992Schweiker, 450 U.S. at 235 , 101 S.Ct. at 1083 , 67 L.Ed.2d at 198 .

1992Schweiker, 450 U.S. at 235 , 101 S.Ct. at 1083 , 67 L.Ed.2d at 198 .

11992–1992
Watson v. Freeman Decorating Co. green
fladistctapp · 1984
1 sentence

1990The cases all reflect a recurring theme: the employer’s knowledge of the claimant’s condition and of the fact that benefits were being provided by a specific health care provider; its acquiescence in the treatment, and its disavowal of its responsibility to furnish medical benefits because of a violation of the reporting provisions. 455 So.2d at 1100-1101 .

11990–1990
Van Boven v. Van Boven green
fladistctapp · 1984
1 sentence

1987Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984), and Smith v. Smith, 487 So.2d 339 (Fla. 4th DCA 1986), stand for the principle that it is error for the trial court not to consider the equitable distribution of assets acquired during the marriage.

11987–1987
Smith v. Smith neutral
fladistctapp · 1986
1 sentence

1987Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984), and Smith v. Smith, 487 So.2d 339 (Fla. 4th DCA 1986), stand for the principle that it is error for the trial court not to consider the equitable distribution of assets acquired during the marriage.

11987–1987
Newton v. City of Atlanta green
ga · 1939
2 sentences

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

11975–1975
Kern-Limerick, Inc. v. Scurlock green
scotus · 1954
2 sentences

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

11975–1975
City of Tempe v. Arizona Board of Regents green
arizctapp · 1969
2 sentences

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

1975Nonetheless, they are controlling here since the principle of immunity is not constitutionally dependent. [7] E.g., Kern-Limerick Inc. v. Sourlock, 347 U.S. 110 , 74 S.Ct. 403 , 98 L.Ed. 546 (1954); Newton v. Atlanta, 189 Ga. 441 , 6 S.E.2d 61 (1939); Tempe v. Arizona Board of Regents, 11 Ariz. App. 24 , 461 P.2d 503 (1970); Hellerstein, State and Local Taxation 649-94 (3d Ed. 1969). [8] If the City were correct in its contention, we would have serious reservations as to whether this portion of Chapter 73-129, Laws of Florida, was validly enacted.

11975–1975
Scarborough v. Elmer green
miss · 1905
11967–1967
Griffith v. Shamrock Village green
fla · 1957
11967–1967
McKay v. Lane green
fla · 1853
1 sentence

1967The Court again affirmed “the principle that error having been clearly made to appear, injury must be presumed.” As may be seen from a reading of Mr. Justice Shackle-ford’s opinion, the force of this language is diminished, to some extent, by the qualified approval of the holding in McKay v. Lane, supra, and Hooker v. Johnson, supra. Of the cases cited in support of the “presumption of harm” rule, only Mayer Brothers v. Wilkins, supra, and Walker v. Parry, 1906, 51 Fla. 344 , 40 So. 69 , are in point, the others are, basically, in accord with the “orthodox” rule.

11967–1967
Walter v. Parry green
fla · 1906
11967–1967
Hagan v. Knobloch neutral
fladistctapp · 1966
1 sentence

1967A somewhat extensive research has disclosed no further mention of the “presumption of harm” rule until Griffith v. Shamrock Village, Fla.1957, 94 So.2d 854 , which was followed in Hagan v. Knobloch, et ux., Fla.App.1966, 186 So.2d 525 .

11967–1967
Price v. Immel green
colo · 1910
11932–1932
Doe ex dem. Magruder v. Roe neutral
fla · 1869
11902–1902
Simmons v. Spratt green
fla · 1884
11902–1902
Gilman v. Brown green
· 1817
11849–1849

Statutes the citing opinions construe

FL § 166.231 (3) FL § 768.28 (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 285 (1889–2026) IL 99 (1873–2024) NY 84 (1835–2021) PA 55 (1834–2025) ID 47 (1920–2026) TX 47 (1897–2025) AL 37 (1851–2017) MO 37 (1877–2021) VA 35 (1840–2016) MT 33 (1898–2026) MD 30 (1878–2024) MI 29 (1876–2025) FL 29 (1849–2022) OK 29 (1909–2020) WV 27 (1905–2023) NJ 26 (1924–2025) WI 25 (1865–2022) CT 25 (1820–2022) IA 24 (1861–2022) WA 24 (1933–2022) UT 23 (1896–2024) LA 23 (1920–2025) NC 21 (1884–2026) OH 21 (1856–2025) TN 21 (1889–2024) GA 21 (1906–2025) OR 19 (1885–2008) MA 17 (1850–2020) KY 16 (1869–2007) IN 15 (1874–2013) NM 14 (1944–2021) KS 13 (1896–2024) NV 13 (1943–2019) MS 12 (1873–1987) CO 11 (1899–2025) NH 10 (1854–2002) MN 10 (1877–2026) ND 10 (1936–2022) AR 10 (1892–2012) AZ 9 (1946–2016) ME 9 (1894–2014) WY 8 (1910–2017) NE 8 (1898–2001) DE 5 (1923–2015) VT 5 (1853–2008) HI 5 (1896–2022) SC 5 (1932–1991) SD 4 (1890–1990) AK 3 (1977–1997) RI 3 (1980–1981) DC 3 (1999–2024)

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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