reaffirmed rule (Florida) · Go Syfert
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reaffirmed rule in Florida

24 Florida opinions name it 3 courts 1940–2018 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 (13)

CaseFollowedCited
Kendrick v. Everheartgreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Instead, the court reaffirmed the standard set forth in Kendrick v. Everheart, 390 So. 2d 53, 61 (Fla. 1980), for determining a putative biological father's standing to challenge the presumption of legitimacy.

11
Dept. of Banking and Finance v. Credicorpgreen
fla · 1996 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016This Court reaffirmed the principle “that out-of-state mail order sales companies ... which have no physical presence in the taxing state, are immune from state sales or use tax liability.” Dep’t of Banking & Fin., State of Fla. v. Credicorp, Inc., 684 So.2d 746, 751 (Fla.1996) (citing Quill Corp., Nat’l Bellas Hess, scad Share Int'l).

11
Soca v. Stategreen
fla · 1996 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Id. at 27.

11
State v. Jonesgreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See also State v. Jones, 753 So.2d 1276, 1277 (Fla.2000); State v. Williams, 712 So.2d 762 (Fla.1998).

11
Judge v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Parenthetically we note that in making this distinction, the court cited and quoted Judge v. State, 596 So.2d 73, 77 (Fla. 2d DCA 1991), wherein the Second District held that "[t]he notice requirement for sentencing as a habitual offender is procedural and is not an aspect of the sentence reviewable under rule 3.800(a)." AFFIRMED.

11
Davis v. Sailsgreen
fladistctapp · 1975 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See also Sarasota County v. Barg, 302 So.2d 737, 741 (Fla. 1974); Davis v. Sails, 318 So.2d 214, 217 (Fla. 1st DCA 1975); City of Sunrise v. D.C.A.

11
Sarasota County v. Barggreen
fla · 1974 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See also Sarasota County v. Barg, 302 So.2d 737, 741 (Fla. 1974); Davis v. Sails, 318 So.2d 214, 217 (Fla. 1st DCA 1975); City of Sunrise v. D.C.A.

11
City of Deland v. Florida Public Service Co.green
fla · 1935 · cited in 1 Florida opinions naming this issue, 1984–1984
2 sentences

1984In Rutledge v. Chandler, 445 So.2d 1007 (Fla. 1984), the court reaffirmed the test articulated in City of DeLand v. Florida Public Service Company, 119 Fla. 804, 813 , 161 So. 735, 738 (1935), which disposes of the issue as presented here: An excise and a property tax, when the two approach each other, ordinarily may be distinguished by the respective methods adopted for laying them and fixing their amounts.

1984In Rutledge v. Chandler, 445 So.2d 1007 (Fla. 1984), the court reaffirmed the test articulated in City of DeLand v. Florida Public Service Company, 119 Fla. 804, 813 , 161 So. 735, 738 (1935), which disposes of the issue as presented here: An excise and a property tax, when the two approach each other, ordinarily may be distinguished by the respective methods adopted for laying them and fixing their amounts.

11
In Re Levy's Estategreen
fladistctapp · 1962 · cited in 1 Florida opinions naming this issue, 1979–1979
2 sentences

1979And in In re Levy's Estate, 141 So.2d 803, 804 (Fla.2d DCA 1962), by ruling that section 731.30 did not cut off the preexisting right of an adopted child to inherit from collateral blood kindred, the Court reaffirmed the rule of Hewett that "the word `descendants' connotes those persons who are in the blood line of the ancestor" and that strangers who are adopted into the family "have only such added rights of inheritance as are given by statute." The Court noted also that the 1953 amendment to section 731.30, enacted after the decision in Hewett, would not change the result of that case.

1979It does enhance the inheritance rights of an adoptee to permit him to inherit from his adoptive brothers and sisters — but no further. 141 So.2d at 805 .

11
Kahn v. Kahngreen
fla · 1955 · cited in 1 Florida opinions naming this issue, 1976–1976
1 sentence

1976In referring to that case Mr. Justice Roberts speaking for our Supreme Court stated: [ Kahn v. Kahn, 78 So.2d 367, 368 (Fla. 1955).] "`Ordinarily, however, in those days the husband was the "only hope of support" of an "unfortunate wife, who may have been abandoned by a dissolute husband and doomed to drag out a weary existence in married widowhood. * * *" Chaires v. Chaires, supra. And, indeed, until recent years, a divorced wife had little prospect of being able to work and earn a livelihood, and it was essential to a well-ordered society that she be appropriately maintained by her estranged

11
Bryan v. Landis, Atty.-Gen'l. Ex Rel. Reevegreen
fla · 1932 · cited in 1 Florida opinions naming this issue, 1973–1973
2 sentences

1973See also Bryan v. Landis, 106 Fla. 19 , 142 So. 650 (1932), Wilson v. Renfroe, 91 So.2d 857 (Fla. 1957), Brooks v. City of West Miami, 246 So.2d 115 (Fla.App. 1971).

1973See also Bryan v. Landis, 106 Fla. 19 , 142 So. 650 (1932), Wilson v. Renfroe, 91 So.2d 857 (Fla. 1957), Brooks v. City of West Miami, 246 So.2d 115 (Fla.App. 1971).

11
Wilson v. Renfroegreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 1973–1973
1 sentence

1973See also Bryan v. Landis, 106 Fla. 19 , 142 So. 650 (1932), Wilson v. Renfroe, 91 So.2d 857 (Fla. 1957), Brooks v. City of West Miami, 246 So.2d 115 (Fla.App. 1971).

11
Brooks v. City of West Miamigreen
fladistctapp · 1971 · cited in 1 Florida opinions naming this issue, 1973–1973
1 sentence

1973See also Bryan v. Landis, 106 Fla. 19 , 142 So. 650 (1932), Wilson v. Renfroe, 91 So.2d 857 (Fla. 1957), Brooks v. City of West Miami, 246 So.2d 115 (Fla.App. 1971).

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 (27)

CaseCitedYears
Abdool v. State green
fla · 2010
1 sentence

2012Id.

12012–2012
Barr v. Watts green
fla · 1953
2 sentences

2008However, in Barr v. Watts, 70 So.2d 347 (Fla.1953) (granting petition for writ of mandamus to compel State Board of Law Examiners to permit applicant to sit for admission examination), the Court reaffirmed the rule from Atlantic Coast Line that the "right to declare an act unconstitutional ... cannot be exercised by the officers of the executive department under the guise of the observance of their oath of office to support the Constitution" and clarified the narrow circumstances in which a public official has standing to challenge a statute.

2008Barr, 70 So.2d at 351 .

12008–2008
Aguilera v. Inservices, Inc. green
fla · 2005
2 sentences

2007The court reaffirmed the principle that "the workers' compensation legislation does immunize an insurance carrier for mere negligent conduct, simple bad faith, and minor delays in payment." Id. at 93 .

2007The court stressed, however, that the Act did "not afford blanket immunity for all conduct during the claim process, particularly the insurance carrier's intentional tortious conduct." Id.

12007–2007
Mallard v. Mallard green
fla · 2000
2 sentences

2006We find this reasoning in conflict with Mallard v. Mallard, 771 So.2d 1138 (Fla.2000), where the court reaffirmed the principle that the purpose of periodic alimony is to provide the needs and necessities of life.

2006More specifically the court held that "[c]urrent necessary support rather than the accumulation of capital is the purpose of permanent periodic alimony." 771 So.2d at 1140 .

12006–2006
Dawson Daylight Coal Co. v. Beshear neutral
kyctapp · 1956
1 sentence

2006The court reaffirmed this rule in the case of Dawson Daylight Coal Co. v. Beshear, 287 S.W.2d 925 (1956), in holding: The question presented in this case is whether the owner of an undivided interest in the minerals under a tract of land may maintain an action under [the partition statute] for the sale of all the minerals and division of the proceeds against joint owners of the minerals who also own the surface in fee.

12006–2006
Ball v. Clark neutral
kyctapp · 1912
2 sentences

2006Both parties to this appeal cite and rely, to a certain extent, upon Ball v. Clark, 150 Ky. 383 , 150 S.W. 359 , and the rules of law affirmed and announced therein.

2006Both parties to this appeal cite and rely, to a certain extent, upon Ball v. Clark, 150 Ky. 383 , 150 S.W. 359 , and the rules of law affirmed and announced therein.

12006–2006
State v. Williams green
fla · 1998
1 sentence

2005See also State v. Jones, 753 So.2d 1276, 1277 (Fla.2000); State v. Williams, 712 So.2d 762 (Fla.1998).

12005–2005
Ashley v. State green
fla · 2003
1 sentence

2005Further, in Ashley , the court reaffirmed the principle that a court’s oral pronouncement of sentence controls over the written document. 850 So.2d at 1268 .

12005–2005
The Florida Bar v. Bosse green
fla · 1992
1 sentence

1993In Bosse , this Court reaffirmed that the standard for setting costs in disciplinary actions is the discretionary approach, rather than the civil standard that costs generally follow the result of the suit. 609 So.2d at 1322 .

11993–1993
Graham v. Estuary Properties, Inc. green
fla · 1981
1 sentence

1990In Graham, the court reaffirmed the rule that the "exercise of the state's police power must relate to health, safety, and welfare of the public and may not be arbitrarily and capriciously applied." 399 So.2d at 1379 .

11990–1990
Aronson v. Quick Point Pencil Co. green
scotus · 1979
2 sentences

1987Id. at 264 , 99 S.Ct. at 1100 .

1987Id. at 264 , 99 S.Ct. at 1100 .

11987–1987
Rutledge v. Chandler green
fla · 1984
1 sentence

1984In Rutledge v. Chandler, 445 So.2d 1007 (Fla. 1984), the court reaffirmed the test articulated in City of DeLand v. Florida Public Service Company, 119 Fla. 804, 813 , 161 So. 735, 738 (1935), which disposes of the issue as presented here: An excise and a property tax, when the two approach each other, ordinarily may be distinguished by the respective methods adopted for laying them and fixing their amounts.

11984–1984
Austin Tupler Trucking, Inc. v. Hawkins green
fla · 1979
1 sentence

1982This Court reaffirmed that rule in Austin Tupler Trucking, Inc. v. Hawkins, 377 So.2d 679 (Fla. 1979).

11982–1982
Gordon v. Gordon green
fladistctapp · 1966
1 sentence

1976This Court reaffirmed the rule relative to alimony in Gordon v. Gordon, Fla.App. 1st 1966, 192 So.2d 514 , wherein it said: "As early as 1864 it was established by Chaires v. Chaires [ Chaires v. Chaires, 10 Fla. 308 (1864).] that there was no need for alimony if the wife has a separate estate adequate for her comfortable support.

11976–1976
Chaires v. Chaires green
fla · 1864
2 sentences

1976This Court reaffirmed the rule relative to alimony in Gordon v. Gordon, Fla.App. 1st 1966, 192 So.2d 514 , wherein it said: "As early as 1864 it was established by Chaires v. Chaires [ Chaires v. Chaires, 10 Fla. 308 (1864).] that there was no need for alimony if the wife has a separate estate adequate for her comfortable support.

1976In referring to that case Mr. Justice Roberts speaking for our Supreme Court stated: [ Kahn v. Kahn, 78 So.2d 367, 368 (Fla. 1955).] "`Ordinarily, however, in those days the husband was the "only hope of support" of an "unfortunate wife, who may have been abandoned by a dissolute husband and doomed to drag out a weary existence in married widowhood. * * *" Chaires v. Chaires, supra. And, indeed, until recent years, a divorced wife had little prospect of being able to work and earn a livelihood, and it was essential to a well-ordered society that she be appropriately maintained by her estranged

11976–1976
State of Florida v. Sullivan green
· 1928
2 sentences

1971It has, in fact, been so held by this court in State v. Sullivan (1928) 95 Fla. 191 , 116 So. 255 , in which the court reaffirmed the rule of Hays' Administratrix v. McNealy, supra, and upheld a statute creating a court of crimes and vesting in it jurisdiction over misdemeanors concurrent with that of the criminal court of record.

1971It has, in fact, been so held by this court in State v. Sullivan (1928) 95 Fla. 191 , 116 So. 255 , in which the court reaffirmed the rule of Hays' Administratrix v. McNealy, supra, and upheld a statute creating a court of crimes and vesting in it jurisdiction over misdemeanors concurrent with that of the criminal court of record.

11971–1971
Hays' Administratrix v. McNealy green
fla · 1878
1 sentence

1971It has, in fact, been so held by this court in State v. Sullivan (1928) 95 Fla. 191 , 116 So. 255 , in which the court reaffirmed the rule of Hays' Administratrix v. McNealy, supra, and upheld a statute creating a court of crimes and vesting in it jurisdiction over misdemeanors concurrent with that of the criminal court of record.

11971–1971
Greyhound Corporation v. Carswell green
fla · 1966
11970–1970
Seaboard Air Line Railroad Company v. Holt green
fla · 1955
11970–1970
Jackson Grain Co. v. Hoskins green
fla · 1954
11961–1961
Chambers v. Loftin green
fla · 1953
11954–1954
City of Stuart v. Green green
fla · 1945
11953–1953
Hassey v. Williams, Et Ux. green
fla · 1937
11940–1940
Gardiner v. Goertner green
fla · 1932
11940–1940
Waterman v. Higgins green
fla · 1891
11940–1940
Clarke v. Hartt neutral
fla · 1908
11940–1940
Douglas v. Ogle green
fla · 1920
11940–1940

Where else courts name it

CA 49 (1924–2023) IL 45 (1911–2021) TX 45 (1928–2023) PA 35 (1953–2025) AL 27 (1891–2025) NJ 24 (1938–2021) FL 24 (1940–2018) NY 23 (1876–2016) OH 22 (1954–2026) MS 19 (1932–2026) NC 17 (1930–2022) MD 17 (1911–2019) OK 16 (1905–2007) OR 15 (1967–2022) CT 14 (1983–2011) KY 14 (1931–2022) AR 13 (1845–2004) IN 13 (1939–2020) WI 12 (1948–2010) VA 12 (1936–2019) MI 11 (1915–2020) LA 11 (1924–2025) TN 11 (1930–2010) NE 11 (1946–1997) MO 11 (1887–2020) AZ 10 (1937–2025) WA 10 (1910–2022) SC 9 (1913–2023) KS 9 (1991–2013) MT 8 (1952–2009) DC 8 (1893–2021) MA 7 (1975–2015) NM 7 (1896–1998) UT 7 (1933–2023) HI 7 (1983–2015) ID 6 (1966–2015) GA 6 (1925–1986) CO 6 (1972–2010) WV 5 (1993–2016) MN 5 (1943–1987) RI 5 (1983–2009) WY 4 (1976–2018) NV 4 (1953–2024) ME 3 (1944–1976) IA 3 (1929–1935) DE 3 (1985–2022) SD 3 (1910–1991) ND 2 (1903–1942) NH 2 (1972–1991)

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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