nexus test (Florida) · Go Syfert
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nexus test in Florida

26 Florida opinions name it 2 courts 1988–2024 3 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 (21)

CaseFollowedCited
Gaines v. Dept. of Children and Familiesgreen
fladistctapp · 1998 · cited in 2 Florida opinions naming this issue, 2006–2006
2 sentences

2006However, there was no evidence of the nexus factors listed in Gaines v. Department of Children & Families, 711 So.2d 190, 193 (Fla. 5th DCA 1998): that the behavior of the Father was beyond his control, that the behavior was likely to continue, and that the single incident of abuse to Jo.A. placed C.R. at risk.

2006However, there was no evidence of the nexus factors listed in Gaines v. Department of Children & Families, 711 So.2d 190, 193 (Fla. 5th DCA 1998): that the behavior of the Father was beyond his control, that the behavior was likely to continue, and that the single incident of abuse to Jo.A. placed C.R. at risk.

22
Sisson v. Rubygreen
scotus · 1990 · cited in 2 Florida opinions naming this issue, 2000–2004
2 sentences

2004See Sisson v. Ruby, 497 U.S. 358, 365 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990)(discussing these considerations).

2004See Sisson v. Ruby, 497 U.S. 358, 365 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990)(discussing these considerations).

22
In Re GDgreen
fladistctapp · 2004 · cited in 2 Florida opinions naming this issue, 2012–2015
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012And these cases do not limit the nexus test to circumstances where “'the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia.’ ” See A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ).

12
In Re DLHgreen
fladistctapp · 2008 · cited in 2 Florida opinions naming this issue, 2010–2012
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

12
Bollone v. Department of Management Services, Division of Retirementgreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Bollone, 100 So.3d at 1281-82 ; Jenne v. State, Dep’t of Mgmt.

11
Rodriguez v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016McGill, 125 So.3d at 349 (“In the instant case, the trial court correctly noted that the affidavit did not provide the date on which the Cl allegedly observed the cannabis and cash inside McGill’s house; therefore, the Cl’s observation alone would have been insufficient to satisfy the nexus requirement.”).

11
State v. Felixgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Felix, 942 So.2d at 9 ; Rand v. State, 484 So.2d 1367, 1367-68 (Fla. 2d DCA 1986) (holding affidavit for search warrant insufficient where it did not specify date illegal activity occurred but instead stated only that officer received information from informant within ten days of date of affidavit).

11
Rand v. Stategreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Felix, 942 So.2d at 9 ; Rand v. State, 484 So.2d 1367, 1367-68 (Fla. 2d DCA 1986) (holding affidavit for search warrant insufficient where it did not specify date illegal activity occurred but instead stated only that officer received information from informant within ten days of date of affidavit).

11
In Re CRgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

11
In Re STgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

11
In Re BCgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

11
Caylor v. Stategreen
fla · 2011 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012This Court has previously rejected the claim that the felony probation aggravating factor must include a nexus requirement in order to sufficiently narrow the class of persons eligible for the death penalty, see Caylor v. State, 78 So.3d 482, 496 (Fla.), cert. denied, - U.S. -, 132 S.Ct. 2405 , 182 L.Ed.2d 1042 (2012), and Jackson has not presented any fact unique to his case which requires reconsideration of this issue.

11
Woodel v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011In Woodel v. State, 804 So.2d 316, 325 (Fla.2001), we held that the “advanced age or disability” aggravator did not depend on whether the defendant targeted the victim based on the victim’s advanced age.

11
Hutchinson v. Statered
fla · 2004 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011As an initial matter, we find that this claim is procedurally barred because Caylor did not raise any challenge to the constitutionality of the aggravator in the trial court. “[A]n argument attacking the constitutionality of an aggravating factor must be specifically raised at trial to be pursued on appeal.” Hutchinson v. State, 882 So.2d 943, 957 (Fla.2004).

11
Foremost Insurance v. Richardsongreen
scotus · 1982 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009Foremost, 457 U.S. at 674, 102 S.Ct. 2654 .

2009Foremost, 457 U.S. at 674, 102 S.Ct. 2654 .

11
Hutchins v. Stategreen
gactapp · 1984 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Givens v. Stategreen
ga · 2001 · cited in 1 Florida opinions naming this issue, 2005–2005
2 sentences

2005See Stoudemire v. State, 261 Ga. 49 , 401 S.E.2d 482, 484 (1991) ("[I]n order to admit evidence of an insurance policy there must be some independent *190 evidence of a nexus between the crime charged and the existence of the insurance policy."); see also Givens v. State, 273 Ga. 818 , 546 S.E.2d 509, 513 (2001). [5] In the instant case, we determine that evidence establishing the substantial sum of money Davis promised to pay Brooks to complete the conspiracy to commit murder coupled with evidence of the modest financial means of Davis — a condition that would not have escaped his cousin's no

2005See Stoudemire v. State, 261 Ga. 49 , 401 S.E.2d 482, 484 (1991) ("[I]n order to admit evidence of an insurance policy there must be some independent *190 evidence of a nexus between the crime charged and the existence of the insurance policy."); see also Givens v. State, 273 Ga. 818 , 546 S.E.2d 509, 513 (2001). [5] In the instant case, we determine that evidence establishing the substantial sum of money Davis promised to pay Brooks to complete the conspiracy to commit murder coupled with evidence of the modest financial means of Davis — a condition that would not have escaped his cousin's no

11
Stoudemire v. Stategreen
ga · 1991 · cited in 1 Florida opinions naming this issue, 2005–2005
2 sentences

2005See Stoudemire v. State, 261 Ga. 49 , 401 S.E.2d 482, 484 (1991) ("[I]n order to admit evidence of an insurance policy there must be some independent *190 evidence of a nexus between the crime charged and the existence of the insurance policy."); see also Givens v. State, 273 Ga. 818 , 546 S.E.2d 509, 513 (2001). [5] In the instant case, we determine that evidence establishing the substantial sum of money Davis promised to pay Brooks to complete the conspiracy to commit murder coupled with evidence of the modest financial means of Davis — a condition that would not have escaped his cousin's no

2005See Stoudemire v. State, 261 Ga. 49 , 401 S.E.2d 482, 484 (1991) ("[I]n order to admit evidence of an insurance policy there must be some independent *190 evidence of a nexus between the crime charged and the existence of the insurance policy."); see also Givens v. State, 273 Ga. 818 , 546 S.E.2d 509, 513 (2001). [5] In the instant case, we determine that evidence establishing the substantial sum of money Davis promised to pay Brooks to complete the conspiracy to commit murder coupled with evidence of the modest financial means of Davis — a condition that would not have escaped his cousin's no

11
Kight v. Stategreen
fla · 1987 · cited in 1 Florida opinions naming this issue, 2002–2002
11
In re the Complaint of Seawise, Inc.green
· 1997 · cited in 1 Florida opinions naming this issue, 1997–1997
11
City of Gainesville v. Bellesheimgreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1988–1988
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 (15)

CaseCitedYears
Jackson v. Shakespeare Foundation, Inc. green
fla · 2013
2 sentences

2024There is a nexus if the claim "emanates from an inimitable duty created by the parties' unique contractual relationship." Id.

2024There is a nexus if the claim "emanates from an inimitable duty created by the parties' unique contractual relationship." Id.

22024–2024
Cox v. State green
fla · 2002
2 sentences

2015For example, in Cox, 819 So.2d at 723 & n. 15, we held that the trial court did not abuse its' discretion by refusing to give any weight to the defendant’s “heightened anxiety in dealing with other people” because the evidence did not “support any conclusions or even speculations as to how it contributed to [the defendant’s] decisions and actions that led to [the victim’s] death.” Here, the trial court did not use a nexus requirement to reject valid mitigation.

2015For example, in Cox, 819 So. 2d at 723 & n.15, we held that the trial court did not abuse its discretion by refusing to give any weight to the defendant’s “heightened anxiety in dealing with other people” because the evidence did not “support any conclusions or even speculations as to how it contributed to [the defendant’s] decisions and actions that led to [the victim’s] death.” Here, the trial court did not use a nexus requirement to reject valid mitigation.

22012–2015
Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co. green
scotus · 1995
2 sentences

2004Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 543 , 115 S.Ct. 1043 , 130 L.Ed.2d 1024 (1995), the United States Supreme Court established that in considering whether a particular tort bears a significant relationship to traditional maritime activity to satisfy the nexus test, courts should consider whether the incident giving rise to the suit is likely to disrupt maritime activity and whether it is substantially related to traditional maritime activity to justify application of general maritime law.

2004Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 543 , 115 S.Ct. 1043 , 130 L.Ed.2d 1024 (1995), the United States Supreme Court established that in considering whether a particular tort bears a significant relationship to traditional maritime activity to satisfy the nexus test, courts should consider whether the incident giving rise to the suit is likely to disrupt maritime activity and whether it is substantially related to traditional maritime activity to justify application of general maritime law.

22000–2004
GOV. EMPLOYEES INS. CO. v. Novak green
fla · 1984
2 sentences

1996Co. v. Novak, 453 So.2d 1116 (Fla.1984) (employing the liberal nexus test in PIP cases) or Race v. Nationwide Mut.

1989Co. v. Novak, 453 So.2d 1116 (Fla. 1984), the supreme court approved a broad nexus test in determining whether injuries arose from the ownership, maintenance, or use of a motor vehicle under a policy of insurance.

21989–1996
United States v. Presgraves green
vawd · 2009
1 sentence

2024Id. at 776 .

12024–2024
Taylor v. Air Canada green
fladistctapp · 2014
1 sentence

2018We agree with this contention given that, in Taylor v. Air Canada, 136 So. 3d 786 (Fla. 1st DCA 2014), the court held that using an advance to take the deposition of a witness who may advance a claim’s compensability satisfied this requirement.

12018–2018
Hattie Bonner v. Miami Dade Public Schools/et al. green
fladistctapp · 2014
1 sentence

2018Although a claimant is “not required to live a pauper’s life” to be eligible for an advance, Bonner, 148 So. 3d at 153 , that does not mean that the JCC is precluded from considering the claimant’s financial need (or lack thereof) when determining whether to award an advance – even if the purpose of the advance is to fund litigation costs.

12018–2018
Padgett v. Dept. of Health & Rehab. Services green
fla · 1991
1 sentence

2012In addition, we address the nexus test derived from Padgett v. Department of Health & Rehabilitative Services, 577 So.2d 565 (Fla.1991), in the context of the trial court’s proper application of that test.

12012–2012
In Re CM green
fladistctapp · 2003
2 sentences

2012DCF points to the following language this court has repeatedly quoted and applied to determine what evidence would satisfy the nexus test: “ ‘Generally, this nexus is established when the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia, and which will make it highly probable that in the future the parent will abuse or neglect another child.’ ” A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ); see also T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1272 (Fla. 2d DCA 2008); M.C. v. Dep’t of Children & Family

2012And these cases do not limit the nexus test to circumstances where “'the parent has a mental or emotional condition that will continue, such as mental illness, drug addiction, or pedophilia.’ ” See A.D., 870 So.2d at 238 (quoting C.M., 844 So.2d at 766 ).

12012–2012
Finklea v. United States green
scotus · 2012
1 sentence

2012This Court has previously rejected the claim that the felony probation aggravating factor must include a nexus requirement in order to sufficiently narrow the class of persons eligible for the death penalty, see Caylor v. State, 78 So.3d 482, 496 (Fla.), cert. denied, - U.S. -, 132 S.Ct. 2405 , 182 L.Ed.2d 1042 (2012), and Jackson has not presented any fact unique to his case which requires reconsideration of this issue.

12012–2012
Zant v. Stephens green
scotus · 1982
2 sentences

2011Caylor contends that without a nexus requirement, the aggravator fails to sufficiently narrow the class of persons eligible for the death penalty, as required by Zant v. Stephens, 456 U.S. 410 , 102 S.Ct. 1856 , 72 L.Ed.2d 222 (1982).

2011Caylor contends that without a nexus requirement, the aggravator fails to sufficiently narrow the class of persons eligible for the death penalty, as required by Zant v. Stephens, 456 U.S. 410 , 102 S.Ct. 1856 , 72 L.Ed.2d 222 (1982).

12011–2011
Executive Jet Aviation, Inc. v. City of Cleveland green
scotus · 1972
2 sentences

2009Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 268 , 93 S.Ct. 493 , 34 L.Ed.2d 454 (1972); Foremost Ins.

2009Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 268 , 93 S.Ct. 493 , 34 L.Ed.2d 454 (1972); Foremost Ins.

12009–2009
Whittington v. State green
ga · 1984
2 sentences

2005See concurring in part and dissenting in part op. of Pariente, C.J., at 5, 7 (citing Hutchins v. State, 171 Ga.App. 309 , 319 S.E.2d 130 (1984); Whittington v. State, 252 Ga. 168 , 313 S.E.2d 73 (1984)). [6] Indeed, the relevance and highly probative nature of the policy to Brooks' motive is born out by the scenario that would have likely emerged in its absence.

2005See concurring in part and dissenting in part op. of Pariente, C.J., at 5, 7 (citing Hutchins v. State, 171 Ga.App. 309 , 319 S.E.2d 130 (1984); Whittington v. State, 252 Ga. 168 , 313 S.E.2d 73 (1984)). [6] Indeed, the relevance and highly probative nature of the policy to Brooks' motive is born out by the scenario that would have likely emerged in its absence.

12005–2005
181 Incorporated v. Salem Cty. Planning Bd. neutral
njsuperctappdiv · 1976
11990–1990
Race v. Nationwide Mut. Fire Ins. Co. green
fla · 1989
11989–1989

Statutes the citing opinions construe

FL § 39.806 (5) FL § 921.141 (5) FL § 39.810 (3) FL § 90.403 (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

WA 74 (1986–2025) TX 66 (1978–2026) IL 32 (1981–2024) CA 27 (1974–2025) FL 26 (1988–2024) NY 21 (1984–2026) NJ 20 (1970–2024) MT 18 (2008–2020) OR 14 (2002–2025) IA 14 (1986–2023) IN 13 (1994–2020) CO 13 (1997–2024) MD 12 (1998–2021) MN 10 (1986–2024) WI 10 (1963–2003) NM 9 (1986–2024) MA 9 (2009–2025) KS 8 (1996–2016) MI 8 (1980–2025) LA 8 (1989–2026) VA 7 (1994–2013) PA 6 (2000–2023) TN 6 (1999–2026) AZ 6 (2004–2024) GA 6 (2016–2025) WY 5 (1984–2006) DE 5 (1987–2026) OH 5 (1995–2025) OK 5 (2011–2026) UT 4 (1989–2006) WV 4 (2007–2026) KY 4 (2000–2024) AL 3 (1992–2013) VT 3 (1980–2004) NH 2 (1977–2003) MO 2 (1983–1987) RI 2 (1993–2007) DC 2 (1996–2000) HI 2 (1998–2012) MS 2 (1992–1995) SC 2 (2011–2013) NE 2 (1980–2024) ID 2 (1988–1996) NC 2 (2022–2022) CT 2 (1988–2008)

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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