given standard (Florida) · Go Syfert
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given standard in Florida

28 Florida opinions name it 2 courts 1907–2019 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 (9)

CaseFollowedCited
Ellard v. Godwingreen
fla · 1955 · cited in 4 Florida opinions naming this issue, 1955–1977
2 sentences

1977In reversing, the Florida Supreme Court, in quoting from In Re Jeffries' Estate, 136 Fla. 410 , 181 So. 833 (1938), held: "... [A] cause sufficient to authorize an extension of time for filing suit must be a `good cause', by which it is meant that the `adjudication is to be governed by a given standard of judicial action' . .. and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice'...." See also Ellard v. Godwin, 77 So.2d 617 (Fla. 1955); and Exchange Nat.

1965Accord Ellard v. Godwin, Fla., 77 So.2d 617 .

34
Enfield's Miami Photo, Inc. v. Keyes Co.green
fladistctapp · 1986 · cited in 2 Florida opinions naming this issue, 1986–1986
2 sentences

1986See Enfield's Miami Photo, Inc. v. Keyes Co., 489 So.2d 1203 (Fla. 3d DCA 1986); Wagner v. Nottingham Associates, 464 So.2d 166 (Fla. 3d DCA), rev. denied, 475 So.2d 696 (Fla. 1985).

1986See Enfield’s Miami Photo, Inc. v. Keyes Co., 489 So.2d 1203 (Fla. 3d DCA 1986); Wagner v. Nottingham Associates, 464 So.2d 166 (Fla. 3d DCA), rev. denied, 475 So.2d 696 (Fla.1985).

22
Wintz v. Goodwillgreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019It is merely a requirement that the E/C be prepared to decide, within 120 days, what position they wish to take on a given claim, and be accountable for that decision.” Wintz v. Goodwill, 898 So. 2d 1089, 1091 (Fla. 1st DCA 2005) (emphasis added).

11
Maryland Casualty Company v. Krasnekgreen
fla · 1965 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Krasnek, 174 So. 2d at 543 (holding that the trial court did not err in granting rescission based on the unilateral mistake defense after finding that some degree of negligence underlay the alleged mistake).11 (iv) Myers I and Myers II 11 Finally, with respect to dicta, I note that the Conclusion section of DePrince I, which summarizes the opinion’s holding as to Starboard’s unilateral mistake of fact defense, makes no mention of the inducement and negligence prongs.

11
State v. Schoppgreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006However, the mere fact that there is a high probability that a given error will be found harmful does not justify categorizing the error as per se reversible. 653 So.2d at 1021 (emphases added).

2006As if these two paragraphs were not clear enough, we then explained in applying the law to the facts that "because Schopp effectively `won' his case [by persuading the jury to convict on a lesser included offense], there is no reasonable possibility that a change in trial tactics could have benefited him." Id. at 1022 .

11
Younghans v. Stategreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006"The exercise of a sound judicial discretion in this respect means that `the adjudication is to be governed by a given standard of judicial action,' and such discretion implies `judgment directed by circumspection,' to be exercised in the light of the facts and circumstances of each particular case." Younghans, 90 So.2d at 309-310 (internal citations omitted).

11
Anderson v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2004–2004
2 sentences

2004(Emphasis added) Relying on Anderson v. State, 780 So.2d 1012 (Fla. 4th DCA 2001), Sanford contends that the addition of the highlighted portion, which is not a stated element of felony fleeing, but is, instead, spelled out in section 316.1935(1) as an element of a misdemeanor, renders the jury instruction erroneous and that, notwithstanding the defense concurring in the given instruction, giving the instruction constitutes fundamental error.

2004See id.

11
Yacker v. Teitchgreen
fladistctapp · 1976 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998The same test is applied in deciding whether a given instruction was prejudicial or whether failure to give a requested instruction was erroneous.”) (citations omitted); Kinya v. Lifter, Inc., 489 So.2d 92 (Fla. 3d DCA) (holding that any error in trial court’s failure to give particular instruction did not amount to reversible error where instruction and special interrogatory verdict properly advised jury of law), review denied, 496 So.2d 142 (Fla.1986); Yacker v. Teitch, 330 So.2d 828, 830 (Fla. 3d DCA 1976) (“In determining whether a specific instruction is erroneous, it should be considered

11
Smith v. Stategreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996See generally Smith v. State, 521 So.2d 106, 109 (Fla.1988)(Barkett, J., concurring); Schwab v. Tolley, 345 So.2d 747 (Fla. 4th DCA 1977).

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 (24)

CaseCitedYears
Pines v. District Court green
iowa · 1943
2 sentences

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

41955–1965
In re the Estate of Zweig green
nysurct · 1932
2 sentences

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

41955–1965
Sylvester v. Olson green
wash · 1911
2 sentences

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

1965But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a `good cause,' by which it is meant that `the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, supra, contemplating `a substantial reason, one that affords a legal excuse,' or a `cause moving the court to its conclusion, not arbitrary or contrary to all the evidence,' and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice.' 18 Words and Phrases, Good Cause, pp. 451, 455 et seq.

41955–1965
In Re: Estate of J.B. Jeffries green
fla · 1938
2 sentences

1977In reversing, the Florida Supreme Court, in quoting from In Re Jeffries' Estate, 136 Fla. 410 , 181 So. 833 (1938), held: "... [A] cause sufficient to authorize an extension of time for filing suit must be a `good cause', by which it is meant that the `adjudication is to be governed by a given standard of judicial action' . .. and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice'...." See also Ellard v. Godwin, 77 So.2d 617 (Fla. 1955); and Exchange Nat.

1977In reversing, the Florida Supreme Court, in quoting from In Re Jeffries' Estate, 136 Fla. 410 , 181 So. 833 (1938), held: "... [A] cause sufficient to authorize an extension of time for filing suit must be a `good cause', by which it is meant that the `adjudication is to be governed by a given standard of judicial action' . .. and not mere `ignorance of law, hardship on petitioner, and reliance on [another's] advice'...." See also Ellard v. Godwin, 77 So.2d 617 (Fla. 1955); and Exchange Nat.

31955–1977
Wagner v. Nottingham Associates green
fladistctapp · 1985
2 sentences

1986See Enfield's Miami Photo, Inc. v. Keyes Co., 489 So.2d 1203 (Fla. 3d DCA 1986); Wagner v. Nottingham Associates, 464 So.2d 166 (Fla. 3d DCA), rev. denied, 475 So.2d 696 (Fla. 1985).

1986See Enfield’s Miami Photo, Inc. v. Keyes Co., 489 So.2d 1203 (Fla. 3d DCA 1986); Wagner v. Nottingham Associates, 464 So.2d 166 (Fla. 3d DCA), rev. denied, 475 So.2d 696 (Fla.1985).

21986–1986
Lambrix v. State green
fla · 2010
1 sentence

2013In accordance with Lambrix v. State, 39 So.3d 260 , 273 n. 13 (Fla.2010), in which we held that the failure to secure a ruling by the court below on a given claim waives it, Jackson has waived this claim.

12013–2013
Cumbie v. State green
fla · 1977
1 sentence

2006Thus, we recede from Smith, Cumbie [ v. State, 345 So.2d 1061 (Fla.1977)], Wilcox, and their progeny to the extent that they require per se reversal, and we hold that the harmless error analysis set forth above should be applied where a trial court fails to conduct an adequate Richardson inquiry.

12006–2006
Fidelity & Cas. Ins. Co. of NY v. Taylor green
fladistctapp · 1987
1 sentence

2005We now agree with the analytical approach of the court in Fidelity & Casualty Insurance Co. of New York v. Taylor, 525 So.2d 908 (Fla. 3d DCA 1987), which explained, in pertinent part: In a "first-party" action against an insurance carrier founded upon section 624.155(1)(b), which affirmatively creates a company duty to its insured to act in good faith in its dealings under the policy, liability is based upon the carrier's conduct in processing and paying a given claim.

12005–2005
Valentine v. State green
fladistctapp · 2001
1 sentence

2003When Floyd's counsel was asked about the instruction by the trial judge, counsel not *416 only did not object to the given instruction, counsel affirmatively stated "no objection." In essence, what occurred with this instruction was that the instruction given was not wrong, but as the Fifth District said in Valentine, 774 So.2d at 937 , the instruction was "incomplete in light of Delgado." This means that, at worst, the instruction would be "vague" under the Delgado interpretation of the burglary statute.

12003–2003
Jackson v. State green
fla · 1994
1 sentence

2003It would be vague because it did not state that "remaining in" meant "surreptitiously remaining in." In this regard, it would be similar to what this Court determined concerning the cold, calculated, and premeditated (CCP) instruction in Jackson v. State, 648 So.2d 85 (Fla.1994).

12003–2003
Kinya v. Lifter, Inc. green
fladistctapp · 1986
1 sentence

1998The same test is applied in deciding whether a given instruction was prejudicial or whether failure to give a requested instruction was erroneous.”) (citations omitted); Kinya v. Lifter, Inc., 489 So.2d 92 (Fla. 3d DCA) (holding that any error in trial court’s failure to give particular instruction did not amount to reversible error where instruction and special interrogatory verdict properly advised jury of law), review denied, 496 So.2d 142 (Fla.1986); Yacker v. Teitch, 330 So.2d 828, 830 (Fla. 3d DCA 1976) (“In determining whether a specific instruction is erroneous, it should be considered

11998–1998
Schwab v. Tolley green
fladistctapp · 1977
1 sentence

1996See generally Smith v. State, 521 So.2d 106, 109 (Fla.1988)(Barkett, J., concurring); Schwab v. Tolley, 345 So.2d 747 (Fla. 4th DCA 1977).

11996–1996
State v. DiGuilio green
fla · 1986
1 sentence

1995DiGuilio, 491 So.2d at 1137 .

11995–1995
Rojas v. State green
fla · 1989
1 sentence

1991Because a proper jury instruction in a criminal case is a fundamental right, Rojas v. State, 552 So.2d 914 (Fla. 1989), we find reversible error on this basis as well.

11991–1991
Crosby v. Stubblebine green
fladistctapp · 1962
1 sentence

1987Crosby, 142 So.2d at 359 .

11987–1987
In Re Estate of Wilisch green
fladistctapp · 1980
1 sentence

1987It has been held that a legal excuse for extension exists where a claimant ... forgoes the commencement of an independent action under the belief that his objected-to claim will be paid or settled without the need for action, and he reasonably comes to that belief because of representations or actions of the personal representative of the estate or his agent.... [Citations omitted]. 384 So.2d at 226 .

11987–1987
In Re Goldman's Estate green
fla · 1955
2 sentences

1979With reference to good cause, the Goldman court held as follows: [A] cause sufficient to authorize an extension of time for filing suit must be a "good cause," by which it is meant that "the adjudication is to be governed by a given standard of judicial action." 79 So.2d at 848 .

1979The court then promulgated the rule which stands today: "[A] substantial reason, one that affords a legal excuse," or a "cause moving the court to its conclusion, not arbitrary or contrary to all the evidence," and not mere "ignorance of law, hardship on petitioner, and reliance on [another's] advice." Id.

11979–1979
Exchange Nat. Bank of Winter Haven v. Field green
fladistctapp · 1976
1 sentence

1977Bank of Winter Haven v. Field, 338 So.2d 889 (Fla. 2nd DCA 1976).

11977–1977
Sessions v. Jelks green
fladistctapp · 1967
1 sentence

1969The order extending the time for filing suit may be granted upon petition filed after lapse of the prescribed period.” This record contains competent and substantial evidence, as in Sessions, supra, that the personal representative of this Estate had failed to take any action as a result of being lulled into a false sense of security concerning settlement of these claims and that “good cause” had been shown in this matter.

11969–1969
Florida Industrial Commission v. Gulf Life Insurance neutral
fla · 1942
1 sentence

1955Bank of Jacksonville v. Kirkwood, 152 Fla. 59 , 10 So.2d 743 , we again held that the county judges of this State have power to extend the time fixed in the statute where good cause is shown why such extension should be granted.

11955–1955
Atlantic Nat'l. Bank of Jax v. Kirkwood neutral
fla · 1942
1 sentence

1955Bank of Jacksonville v. Kirkwood, 152 Fla. 59 , 10 So.2d 743 , we again held that the county judges of this State have power to extend the time fixed in the statute where good cause is shown why such extension should be granted.

11955–1955
Haddock v. State green
fla · 1939
11950–1950
State ex rel. Vale v. School District of City of Superior neutral
neb · 1898
11907–1907
L. Bettman & Co. v. McConnell green
· 1898
11907–1907

Statutes the citing opinions construe

FL § 733.705 (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

TX 232 (1948–2025) CA 156 (1909–2026) IL 83 (1890–2024) MI 83 (1970–2026) NM 50 (1914–2026) MO 40 (1907–2024) WV 36 (1981–2026) OR 31 (1921–2024) KY 30 (1912–2025) AZ 30 (1981–2024) FL 28 (1907–2019) MS 26 (1895–2020) WA 24 (1959–2025) GA 23 (1917–2023) WI 23 (1982–2025) IN 23 (1969–2024) PA 22 (1910–2026) NV 18 (1962–2022) MA 18 (1941–2026) OH 15 (1991–2017) NJ 14 (1906–2026) MD 13 (1979–2021) CO 13 (1965–2026) KS 13 (1979–2026) NY 13 (1898–2021) ID 13 (1904–2022) MT 13 (1930–2025) UT 12 (1956–2026) CT 12 (1991–2022) AK 11 (1972–2019) NC 11 (1919–2026) SD 11 (1911–2016) OK 11 (1908–2006) ME 10 (1942–2023) WY 9 (1975–2019) RI 8 (1996–2012) NE 7 (1909–2023) AR 6 (1936–2021) VA 6 (1986–2025) IA 5 (1930–2016) DC 5 (1988–2021) TN 5 (2006–2015) SC 4 (1929–2010) DE 4 (1984–2024) AL 4 (1907–1984) ND 3 (1910–2008) MN 3 (1993–2026) NH 3 (2011–2015) VI 2 (2015–2023)

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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