starting point analysis (Florida) · Go Syfert
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starting point analysis in Florida

33 Florida opinions name it 2 courts 1981–2025 7 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 (19)

CaseFollowedCited
Brown v. City of Vero Beachgreen
fladistctapp · 2011 · cited in 6 Florida opinions naming this issue, 2014–2023
2 sentences

2023“As with the interpretation of any statute, the starting point of analysis is the actual language of the statute.” Brown v. City of Vero Beach, 64 So. 3d 172, 174 (Fla. 4th DCA 2011) (citing Cont’l Cas.

2022In construing the statute, no need exists to apply canons of statutory construction to arrive at some other meaning: “As with the interpretation of any statute, the starting point of analysis is the actual language of the statute.” Brown v. City of Vero Beach, 64 So. 3d 172, 174 (Fla. 4th DCA 2011) (citing Cont’l Cas.

66
Continental Cas. Co. v. Ryan Inc. Easterngreen
fla · 2008 · cited in 4 Florida opinions naming this issue, 2014–2023
2 sentences

2023Co. v. Ryan Inc. E., 974 So. 2d 368, 374 (Fla. 2008)).

2022Co. v. Ryan Inc. E., 974 So. 2d 368, 374 (Fla. 2008)).

44
Miles v. Parrishgreen
fladistctapp · 2016 · cited in 2 Florida opinions naming this issue, 2017–2017
2 sentences

2017“As with the interpretation of any statute, the starting point of analysis is the actual language of the statute.” Miles v. Parrish, 199 So.3d 1046, 1048 (Fla. 4th DCA 2016) (quoting Conservation All. of St.

2017See Miles, 199 So.3d at 1048 (“As with the interpretation of any statute, the starting point of analysis is the actual language of the statute.

22
State v. Burgergreen
fladistctapp · 2006 · cited in 2 Florida opinions naming this issue, 2016–2016
2 sentences

2016See State v. Burger, 921 So.2d 847, 848 (Fla. 2d DCA 2006) (explaining that statutory construction “begins by examining -the statutory language”).

2016See State v. Burger, 921 So. 2d 847, 848 (Fla. 2d DCA 2006) (explaining that statutory construction "begins by examining the statutory language").

22
HOLLYWOOD PARK APARTMENTS SOUTH, LLC v. CITY OF HOLLYWOOD, FLORIDAgreen
fladistctapp · 2023 · cited in 2 Florida opinions naming this issue, 2024–2025
2 sentences

2025Because Pacheco did not appeal or request a hearing before resorting to the court for relief, we find the trial court properly dismissed the complaint with prejudice for failure to exhaust administrative remedies. 4 See Hollywood Park Apartments S., LLC v. City of Hollywood, 361 So. 3d 356 , 361 (Fla. 4th DCA 2023) (“In interpreting an ordinance, the starting point of our analysis is the ordinance’s plain language.

2024But it is equally true that “[i]n interpreting an ordinance, the starting point of our analysis is the ordinance’s plain language,” and we must “not resort to other rules of statutory construction when the ordinance is unambiguous.” See Hollywood Park Apartments S., LLC v. City of Hollywood, 361 So. 3d 356 , 361 (Fla. 4th DCA 2023).

12
UNITED AUTOMOBILE INSURANCE COMPANY v. CHIRONEX ENTERPRISES, INC. a/a/o EMILY ECHEGARAYgreen
fladistctapp · 2022 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Chironex Enters., 352 So. 3d at 344.

11
Conservation Alliance of St. Lucie County Inc. v. Florida Department of Environmental Protectiongreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Lucie Cty., Inc. v. Fla. Dep’t of Envtl, Prot., 144 So.3d 622, 624 (Fla. 4th DCA 2014)).

11
Smith v. Crawfordgreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See Smith v. Crawford, 645 So.2d 513, 522 (Fla. 1st DCA1994) (relying on language of campaign finance statutes to determine whether contributions to a candidate’s campaign for Commissioner of Agriculture had to be applied to his campaign for a different office after he withdrew his candidacy for Governor, so that his total expenditures would exceed that allowed to be eligible for public campaign financing).

11
Martin Marietta Corp. v. Glumbgreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., Fumigation Dep’t v. Pearson, 559 So.2d 587, 590 (Fla. 1st DCA 1989) (“For purposes of determining an attorney’s fee award under . section 440.34(1), Florida Statutes, a starting point in the analysis is the amount of benefits obtained for the claimant by his attorney.”); Martin Marietta Corp. v. Glumb, 523 So.2d 1190, 1195 (Fla. 1st DCA 1988) (“Although the amount of benefits obtained is a significant factor, it is not determinative of the maximum amount that can be awarded as a fee.”).

11
Heart of Adoptions, Inc. v. JAgreen
fla · 2007 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 198 (Fla.2007).

11
Fumigation Dept. v. Pearsongreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Fumigation Dep’t v. Pearson, 559 So. 2d 587, 590 (Fla. 1st DCA 1989) (“For purposes of determining an attorney’s fee award under section 440.34(1), Florida Statutes, a starting point in the analysis is the amount of benefits obtained for the claimant by his attorney.”); Martin Marietta Corp. v. Glumb, 523 - 27 - So. 2d 1190, 1195 (Fla. 1st DCA 1988) (“Although the amount of benefits obtained is a significant factor, it is not determinative of the maximum amount that can be awarded as a fee.”).

2016See, e.g., Fumigation Dep’t v. Pearson, 559 So.2d 587, 590 (Fla. 1st DCA 1989) (“For purposes of determining an attorney’s fee award under . section 440.34(1), Florida Statutes, a starting point in the analysis is the amount of benefits obtained for the claimant by his attorney.”); Martin Marietta Corp. v. Glumb, 523 So.2d 1190, 1195 (Fla. 1st DCA 1988) (“Although the amount of benefits obtained is a significant factor, it is not determinative of the maximum amount that can be awarded as a fee.”).

11
Archstone Palmetto Park, LLC v. Kennedygreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015“Where a statute is clear and unambiguous, courts will not look behind the statute’s plain language for legislative intent.” Archstone Palmetto Park, LLC v. Kennedy, 132 So.3d 347, 351 (Fla. 4th DCA 2014) (citation and internal quotation marks omitted).

11
B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. College of Fla.green
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008The starting point of our analysis begins with the general principle that "[t]he right to attorney's fees under any contractual provision is limited by the terms of such provision." Bowman v. Kingsland Dev., Inc., 432 So.2d 660, 664 (Fla. 5th DCA 1983); see also B & H Constr. & Supply Co. v. Dist. Bd. of Trs. of Tallahassee Cmty. Coll., Fla., 542 So.2d 382, 387 (Fla. 1st DCA 1989) ("The right to contractual attorney's fees is limited by the terms of the provision. . . ." (citing Bowman )), review denied, 549 So.2d 1013 (Fla.1989); Bay Lincoln-Mercury-Dodge, Inc. v. Transouth Mortg.

11
Bowman v. Kingsland Development, Inc.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008The starting point of our analysis begins with the general principle that "[t]he right to attorney's fees under any contractual provision is limited by the terms of such provision." Bowman v. Kingsland Dev., Inc., 432 So.2d 660, 664 (Fla. 5th DCA 1983); see also B & H Constr. & Supply Co. v. Dist. Bd. of Trs. of Tallahassee Cmty. Coll., Fla., 542 So.2d 382, 387 (Fla. 1st DCA 1989) ("The right to contractual attorney's fees is limited by the terms of the provision. . . ." (citing Bowman )), review denied, 549 So.2d 1013 (Fla.1989); Bay Lincoln-Mercury-Dodge, Inc. v. Transouth Mortg.

11
Brock v. Doylegreen
fla · 1881 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Although Mr. Schroeder claimed a credit for the value of the new residence he had constructed on Parcel 2 with his own funds, Ms. Lawhon could not claim any credit for the older, family home on Parcel 1 in which she resided. [4] Ms. Hall did not explain how she arrived at this assumption as a starting point for her analysis. [5] In an early case, the Supreme Court of Florida said that where a partition in kind is made, "parties who receive more than their share of the estate may be required to make a pecuniary compensation to those who receive less." Brock v. Doyle, 18 Fla. 172, 174 (1881).

11
Whitt v. Silvermangreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003ANALYSIS A. The Framework for Establishing a Legal Duty The starting point for our analysis of this case is the decision of the Florida Supreme Court in McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992), where the court provided a "restatement of the law of negligence," Whitt v. Silverman, 788 So.2d 210, 218 (Fla.2001), in the context of a case involving the issue of power company liability for injuries sustained from contact with an underground power cable.

11
Prestressed Decking Corp. v. Medranogreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 1989–1989
1 sentence

1989Prestressed Decking, supra, at 405.

11
National Education Ass'n of Shawnee Mission, Inc. v. Board of Educationyellow
kan · 1973 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, e.g., National Education Association of Shawnee Mission, Incorp. v. Board of Education, 212 Kan. 741 , 512 P.2d 426 (Kan. 1973) (the key is how direct the impact of an issue is on the well-being of the individual teacher, as opposed to its effect on the operation of the school system as a whole); School District of Seward Education Association v. School District of Seward (bargainable issues should coincide with those matters directly affecting the teacher's welfare); Clark County School District v. Local Government Employee Management Relations Board, 90 Nev. 442 , 530 P.2d 114 (1974) (t

1986See, e.g., National Education Association of Shawnee Mission, Incorp. v. Board of Education, 212 Kan. 741 , 512 P.2d 426 (Kan. 1973) (the key is how direct the impact of an issue is on the well-being of the individual teacher, as opposed to its effect on the operation of the school system as a whole); School District of Seward Education Association v. School District of Seward (bargainable issues should coincide with those matters directly affecting the teacher's welfare); Clark County School District v. Local Government Employee Management Relations Board, 90 Nev. 442 , 530 P.2d 114 (1974) (t

11
State v. Bonamygreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1985–1985
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 (19)

CaseCitedYears
Miller v. Alabama green
scotus · 2012
2 sentences

2015While Kelsey’s original sentence violated Graham , rather than Miller v. Alabama, —- U.S. —132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), Miller is the starting point of this analysis.

2015While Kelsey’s original sentence violated Graham , rather than Miller v. Alabama, —- U.S. —132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), Miller is the starting point of this analysis.

22015–2015
Elizabeth Fojon v. Ascendant Commercial Insurance Company green
fladistctapp · 2024
1 sentence

2025Co., 393 So. 3d 806 , 810 (Fla. 3d DCA 2024).

12025–2025
Bay Lincoln-Mercury-Dodge, Inc. v. Transouth Mortg. Corp. of Fla. green
fladistctapp · 1988
1 sentence

2008Corp. of Fla., 531 So.2d 1027 (Fla. 1st DCA 1988).

12008–2008
Brigham City v. Stuart green
scotus · 2006
2 sentences

2006Analysis In Brigham City v. Stuart, ___ U.S. ___, 126 S.Ct. 1943 , 164 L.Ed.2d 650 (2006), the Supreme Court set forth the principles of Fourth Amendment law that are the starting point for our analysis: It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.

2006Analysis In Brigham City v. Stuart, ___ U.S. ___, 126 S.Ct. 1943 , 164 L.Ed.2d 650 (2006), the Supreme Court set forth the principles of Fourth Amendment law that are the starting point for our analysis: It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.

12006–2006
Scherk v. Alberto-Culver Co. green
scotus · 1974
2 sentences

2005The FAA expresses Congress's intent to reverse "centuries of judicial hostility to arbitration agreements" and to place them "upon the same footing as other contracts." Scherk v. Alberto-Culver Co., 417 U.S. 506, 510-11 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974) (quoting H.R.Rep.

2005The FAA expresses Congress's intent to reverse "centuries of judicial hostility to arbitration agreements" and to place them "upon the same footing as other contracts." Scherk v. Alberto-Culver Co., 417 U.S. 506, 510-11 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974) (quoting H.R.Rep.

12005–2005
McCain v. Florida Power Corporation green
fla · 1992
1 sentence

2003ANALYSIS A. The Framework for Establishing a Legal Duty The starting point for our analysis of this case is the decision of the Florida Supreme Court in McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992), where the court provided a "restatement of the law of negligence," Whitt v. Silverman, 788 So.2d 210, 218 (Fla.2001), in the context of a case involving the issue of power company liability for injuries sustained from contact with an underground power cable.

12003–2003
State v. Ajim green
fladistctapp · 1990
1 sentence

1999Houser also cites our decision in State v. Ajim, 565 So.2d 712 (Fla. 4th DCA 1990), for the proposition that "it has been explicitly held that section 907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail." Id. at 311.

11999–1999
Murphy v. MacK green
fla · 1978
1 sentence

1998The starting point of our analysis is, of course, Murphy v. Mack, 358 So.2d 822 (Fla.1978).

11998–1998
Canner ex rel. Canner v. Blank neutral
fladistctapp · 1963
1 sentence

1990Id. *1260 As a starting point in our analysis, it is important to note that there are two distinct claims presented in this case: 1) that the Cestaris were negligent for failing to ascertain that the door was not made of safety glass and for failing to conform their premises to the Southern Standard Building Code which requires safety glass be used in sliding glass doors; and 2) that the Cestaris were negligent for failing to place decals or other markings on the door. [2] We agree that, on this record, summary judgment was properly entered on both of these claims.

11990–1990
Sutherlin Education Ass'n v. Sutherlin School District No. 130 green
orctapp · 1976
11986–1986
Clark Cty. Sch. Dist. v. Local Gov. Emp. Man. Rel. Bd. green
nev · 1974
1 sentence

1986See, e.g., National Education Association of Shawnee Mission, Incorp. v. Board of Education, 212 Kan. 741 , 512 P.2d 426 (Kan. 1973) (the key is how direct the impact of an issue is on the well-being of the individual teacher, as opposed to its effect on the operation of the school system as a whole); School District of Seward Education Association v. School District of Seward (bargainable issues should coincide with those matters directly affecting the teacher's welfare); Clark County School District v. Local Government Employee Management Relations Board, 90 Nev. 442 , 530 P.2d 114 (1974) (t

11986–1986
Clark County School District v. Local Government Employee-Management Relations Board green
nev · 1974
1 sentence

1986See, e.g., National Education Association of Shawnee Mission, Incorp. v. Board of Education, 212 Kan. 741 , 512 P.2d 426 (Kan. 1973) (the key is how direct the impact of an issue is on the well-being of the individual teacher, as opposed to its effect on the operation of the school system as a whole); School District of Seward Education Association v. School District of Seward (bargainable issues should coincide with those matters directly affecting the teacher's welfare); Clark County School District v. Local Government Employee Management Relations Board, 90 Nev. 442 , 530 P.2d 114 (1974) (t

11986–1986
State v. State Supervisory Employees Association green
nj · 1978
11986–1986
Coolidge v. New Hampshire green
scotus · 1971
2 sentences

1986Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 , reh'g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120 (1971); Hornblower v. State, 351 So.2d 716 (Fla. 1977).

1986Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 , reh'g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120 (1971); Hornblower v. State, 351 So.2d 716 (Fla. 1977).

11986–1986
Smith v. District Court of Oklahoma County green
scotus · 1971
11986–1986
Hornblower v. State green
fla · 1977
11986–1986
Commercial Carrier Corp. v. Indian River Cty. green
fla · 1979
11984–1984
Evangelical United Brethren Church v. State green
wash · 1965
11984–1984
Ellis v. Fairbanks green
fla · 1896
11981–1981

Where else courts name it

CA 86 (1980–2026) OH 84 (1981–2026) TX 67 (1976–2026) CT 60 (1982–2022) OR 49 (1971–2026) PA 33 (1948–2024) FL 33 (1981–2025) NY 31 (1975–2022) MA 28 (1977–2023) NJ 22 (1981–2024) IL 21 (1975–2026) MI 17 (1958–2024) MD 14 (1981–2021) IN 12 (1985–2020) NM 11 (1998–2024) WA 10 (1984–2017) MN 10 (1988–2024) WI 10 (1978–2019) AK 10 (1971–2023) GA 9 (1953–2021) UT 9 (1987–2024) VA 8 (1999–2025) IA 8 (1990–2026) LA 7 (2000–2021) NC 7 (2000–2022) SC 7 (2000–2023) KS 7 (1978–2022) AZ 7 (1990–2026) NH 6 (1996–2024) CO 6 (1980–2015) NE 6 (1991–2019) KY 5 (1995–2024) ID 5 (1971–2014) DC 5 (1975–1981) OK 5 (1947–2018) AL 4 (1982–2003) ME 4 (1979–2018) MO 4 (1982–1990) MT 3 (1977–2001) RI 3 (1997–2013) HI 3 (2000–2024) VT 3 (2012–2024) WY 3 (1989–2016) ND 2 (1989–1991) MS 2 (1999–1999)

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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