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26 Florida opinions name it 2 courts 1957–2023 2 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.
| Case | Followed | Cited |
|---|---|---|
Jones v. Stategreen2 sentences2023(Alteration in original) (citations omitted); see Jones v. State, 591 So. 2d 911, 915 (Fla. 1991). 2006In Jones v. State, 591 So.2d 911 (Fla.1991), this Court set forth the standard that must be satisfied in order for a conviction to be set aside based on newly discovered evidence. | 1 | 2 |
Jones v. Stategreen2 sentences2023Damren’s claims were facially insufficient and untimely. -3- In Jones v. State, 709 So. 2d 512, 521 (Fla. 1998), this Court set forth the test for a conviction to be set aside on the basis of newly discovered evidence as follows: First, in order to be considered newly discovered, the evidence “must have been unknown by the trial court, by the party, or by counsel at the time of trial, and it must appear that defendant or his counsel could not have known [of it] by the use of diligence.” Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on 2017In Jones, 709 So. 2d at 521 , this Court set forth the test for a conviction to be set aside on the basis of newly discovered evidence as follows: First, in order to be considered newly discovered, the evidence “must have been unknown by the trial court, by the party, or by counsel at - 12 - the time of trial, and it must appear that defendant or his counsel could not have known [of it] by the use of diligence.” Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial. | 1 | 2 |
Tibbs v. Stategreen1 sentence2023Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981); Spinkelink v. State, 313 So. 2d 666, 671 (Fla. 1975). | 1 | 1 |
Spinkellink v. Stategreen1 sentence2023Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981); Spinkelink v. State, 313 So. 2d 666, 671 (Fla. 1975). | 1 | 1 |
Cox v. St. Josephs Hospitalgreen1 sentence2013Josephs Hospital, 71 So.3d 795, 801 (Fla.2011), this Court set forth the standard for a directed verdict, explaining that a defendant is entitled to a directed verdict when “the plaintiff has failed to provide evidence that the negligent act more likely than not caused the injury.” This Court has explained that this means the plaintiff must introduce evidence which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a substantial factor in bringing about the result. | 1 | 1 |
Lloyd's Underwriter's at London v. Ruby, Inc.green1 sentence2003This court set forth the standard of review of an order entered on motion to vacate a default in Lloyd's Underwriter's at London v. Ruby, Inc., 801 So.2d 138, 139 (Fla. 4th DCA 2001). | 1 | 1 |
Union Cent. Life Ins. Co. v. Carlislegreen1 sentence2001In Union Central Life Insurance Co. v. Carlisle, 593 So.2d 505, 507 (Fla.1992), the court set forth the test for intervention: The test to determine what interest entitles a party to intervene is set forth in Morgareidge v. Howey, 75 Fla. 234, 238-39 , 78 So. 14, 15 (1918): [T]he interest which will entitle a person to intervene ... must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. | 1 | 1 |
Palmer v. DEPT. OF HEALTH & REHAB. SERV.green1 sentence2001In Palmer v. Department of Health and Rehabilitative Services, 547 So.2d 981, 984 (Fla. 5th DCA 1989), dism'd, 553 So.2d 1166 (Fla.1989), this court set forth the standard to be applied in prospective abuse or neglect cases such as the instant one: The issue in prospective neglect or abuse cases is whether future behavior, which will adversely affect the child, can be clearly and certainly predicted. | 1 | 1 |
Smith v. O'Briengreen1 sentence2001In Union Central Life Insurance Co. v. Carlisle, 593 So.2d 505, 507 (Fla.1992), the court set forth the test for intervention: The test to determine what interest entitles a party to intervene is set forth in Morgareidge v. Howey, 75 Fla. 234, 238-39 , 78 So. 14, 15 (1918): [T]he interest which will entitle a person to intervene ... must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. | 1 | 1 |
Canakaris v. Canakarisgreen1 sentence2000The nature of the elements to be examined and the impact upon a trial are issues that are more properly resolved at the trial level, subject to extremely limited review on appeal. [25] In Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980), this Court set forth the standard of review to be employed by an appellate court in reviewing a discretionary act of the trail judge: In reviewing a true discretionary act, the appellate court must fully recognize the superior vantage point of the trial judge and should apply the "reasonableness" test to determine whether the trial judge abused his disc | 1 | 1 |
| Crum v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Myers v. Atlantic Coast Line Railroad Company
green
2 sentences1989When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla.1951, 51 So.2d 33 ], supra, Turner v. Frey [Fla.1955, 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla. [1956] 86 So.2d 792 1988When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla., 51 So.2d 33 ], supra, Turner v. Frey [Fla., 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla., 86 So.2d 792 ; Florida Publ | 2 | 1988–1989 |
Cloud v. Fallis
green
2 sentences1989As Justice Grimes stated in Smith v. Brown, 525 So.2d 868 (Fla.1988): In the oft-cited case of Cloud v. Fallis, 110 So.2d 669 (Fla.1959), this Court set forth the standard of review for an order which grants a new trial because the verdict was against the manifest weight of the evidence. 1988In the oft-cited case of Cloud v. Fallis, 110 So.2d 669 (Fla. 1959), this Court set forth the standard of review for an order which grants a new trial because the verdict was against the manifest weight of the evidence. | 2 | 1988–1989 |
Florida Publishing Company v. Copeland
green
2 sentences1989When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla.1951, 51 So.2d 33 ], supra, Turner v. Frey [Fla.1955, 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla. [1956] 86 So.2d 792 1988When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla., 51 So.2d 33 ], supra, Turner v. Frey [Fla., 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla., 86 So.2d 792 ; Florida Publ | 2 | 1988–1989 |
Martin v. Stone
green
2 sentences1989When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla.1951, 51 So.2d 33 ], supra, Turner v. Frey [Fla.1955, 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla. [1956] 86 So.2d 792 1988When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla., 51 So.2d 33 ], supra, Turner v. Frey [Fla., 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla., 86 So.2d 792 ; Florida Publ | 2 | 1988–1989 |
Turner v. Frey
neutral
2 sentences1989When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla.1951, 51 So.2d 33 ], supra, Turner v. Frey [Fla.1955, 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla. [1956] 86 So.2d 792 1988When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, Martin v. Stone [Fla., 51 So.2d 33 ], supra, Turner v. Frey [Fla., 81 So.2d 721 ], supra, Myers v. Atlantic Coast Line Railroad Co., Fla., 86 So.2d 792 ; Florida Publ | 2 | 1988–1989 |
Blockburger v. United States
green
1 sentence2016Id. | 1 | 2016–2016 |
State v. Cruse
green
1 sentence2016In State v. Cruse, 121 So.3d 91 (Fla. 3d DCA. 2Q13), this court set forth the factors that may be .considered by officers to arrive at a reasonable suspicion that a crime is being or is about to be committed and to support the investigatory stop or detention of a suspect: The time; the day of the week; the location; the physical appearance of the suspect; the behavior of the suspect; the appearance and manner of operation of any vehicle involved; anything incongruous or unusual in the situation as interpreted in the light of the officer’s knowledge. | 1 | 2016–2016 |
State v. DiGuilio
green
2 sentences2014In DiGuilio, the defendant was convicted of conspiracy to traffic in cocaine. 491 So. 2d at 1130 . 2014In DiGuilio , the defendant was convicted of conspiracy to traffic in cocaine. 491 So.2d at 1130 . | 1 | 2014–2014 |
Faison v. State
green
1 sentence2011In Faison v. State, 426 So.2d 963 (Fla.1983), the court set forth a test for detei*-mining whether the detention of a victim during the commission of a crime also constitutes the separate crime of kidnapping. | 1 | 2011–2011 |
Smith v. Branch
green
1 sentence2005There, the court read sections 95.281 and 95.11 together to conclude that neither provision barred the foreclosure action because "[t]he twenty-year lien of the mortgage has not yet terminated, and appellants' cause of action did not accrue until the filing of the complaint herein." Smith, 391 So.2d at 798 . | 1 | 2005–2005 |
Vasquez v. State
green
2 sentences2002In Vasquez v. State, 778 So.2d 1068 (Fla. 5th DCA 2001), the court set forth the test: The proper analysis to determine whether offenses arise from the same criminal episode requires consideration of the following factors: 1) whether separate victims are involved; 2) whether the crimes occurred in separate locations; and 3) whether there has been a temporal break between the incidents. 2002Id. at 1070 . | 1 | 2002–2002 |
United States v. Douglas Rivera
green
1 sentence2001In United States v. Rivera, 825 F.2d 152 (7th Cir.1987), the court set forth the standard of review of warrantless entries to prevent the imminent destruction of evidence. | 1 | 2001–2001 |
Kluger v. White
green
1 sentence2001In Kluger v. White, 281 So.2d 1 (Fla. 1973), this Court set forth a test for determining compliance with the access to courts clause when the Legislature enacts provisions which appear to restrict the right. | 1 | 2001–2001 |
Morgareidge v. Howey
green
1 sentence2001In Union Central Life Insurance Co. v. Carlisle, 593 So.2d 505, 507 (Fla.1992), the court set forth the test for intervention: The test to determine what interest entitles a party to intervene is set forth in Morgareidge v. Howey, 75 Fla. 234, 238-39 , 78 So. 14, 15 (1918): [T]he interest which will entitle a person to intervene ... must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. | 1 | 2001–2001 |
DeLisi v. Bankers Ins. Co.
green
1 sentence1990In DeLisi v. Bankers Insurance Company, 436 So.2d 1099 (Fla. 4th DCA 1983), following the teaching of Pillsbury Co. v. Conboy, 459 U.S. 248 , 103 S.Ct. 608 , 74 L.Ed.2d 430 (1983), this court set forth the test to be used by the trial court in determining the applicability of the Fifth Amendment privilege under circumstances presented here. | 1 | 1990–1990 |
Pillsbury Co. v. Conboy
green
2 sentences1990In DeLisi v. Bankers Insurance Company, 436 So.2d 1099 (Fla. 4th DCA 1983), following the teaching of Pillsbury Co. v. Conboy, 459 U.S. 248 , 103 S.Ct. 608 , 74 L.Ed.2d 430 (1983), this court set forth the test to be used by the trial court in determining the applicability of the Fifth Amendment privilege under circumstances presented here. 1990In DeLisi v. Bankers Insurance Company, 436 So.2d 1099 (Fla. 4th DCA 1983), following the teaching of Pillsbury Co. v. Conboy, 459 U.S. 248 , 103 S.Ct. 608 , 74 L.Ed.2d 430 (1983), this court set forth the test to be used by the trial court in determining the applicability of the Fifth Amendment privilege under circumstances presented here. | 1 | 1990–1990 |
Smith v. Brown
green
1 sentence1989As Justice Grimes stated in Smith v. Brown, 525 So.2d 868 (Fla.1988): In the oft-cited case of Cloud v. Fallis, 110 So.2d 669 (Fla.1959), this Court set forth the standard of review for an order which grants a new trial because the verdict was against the manifest weight of the evidence. | 1 | 1989–1989 |
Peoples Gas System, Inc. v. Mason
green
1 sentence1982In Peoples Gas System v. Mason, 187 So.2d 335 (Fla. 1966), this Court set forth the rule that: The effect of these decisions is that orders of administrative agencies must eventually pass out of the agency's control and become final and no longer subject to modification. | 1 | 1982–1982 |
State v. Lott
green
1 sentence1976In the event of a conflict between the decision of a District Court of Appeal and this Court, the decision of this Court shall prevail until overruled by a subsequent decision of this Court." Following Hoffman, supra, this principle was extended to the trial court level in State v. Lott, 286 So.2d 565 (Fla. 1973). | 1 | 1976–1976 |
United States v. Upton Pearson, Jr. And Edward Johnson, Jr., United States of America v. Edward Johnson, Jr.
green
1 sentence1976In U.S. v. Pearson, supra , the court set forth the standard for judging prosecutorial actions in jury selections. | 1 | 1976–1976 |
| Hoffman v. Jones green | 1 | 1976–1976 |
| Williams v. State green | 1 | 1969–1969 |
| Holder v. State green | 1 | 1957–1957 |
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.