upon principle (Florida) · Go Syfert
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upon principle in Florida

23 Florida opinions name it 2 courts 1901–2000 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 (7)

CaseFollowedCited
Goulden v. Manreka Corp.green
fla · 1935 · cited in 3 Florida opinions naming this issue, 1962–1973
2 sentences

1973In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 (1935), the Supreme Court said: "This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretation of the terms of the contract." Se

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

13
Raydo v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000In Raydo v. State, 696 So.2d 1225, 1226 (Fla. 1st DCA 1997), the First District distinguished cases that interpreted the term "conviction" under section 90.610(1) to include both a jury verdict of guilt and a plea of guilty, even though there had been no adjudication.

11
Parker v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000When a judge renders a final judgment of conviction, withholds adjudication of guilt after a verdict of guilty, imposes a sentence, grants probation, or revokes probation, the judge shall forthwith inform the defendant concerning the rights of appeal therefrom, including the time allowed by law for taking an appeal. [2] The statutory authority for rule 3.670 is found in section 948.01(2), Florida Statutes (1997), which provides: If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice a

11
BMW of North America, Inc. v. Krathengreen
fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991See generally, BMW of North America, Inc. v. Krathen, 471 So.2d 585 (Fla. 4th DCA 1985), rev. denied, 484 So.2d 7 (Fla.1986); Maryland Casualty Co. v. Krasnek, 174 So.2d 541 (Fla.1965); Orkin Exterminating Co., Inc. v. Palm Beach Hotel Condominium Ass’n, Inc., 454 So.2d 697 (Fla. 4th DCA 1984); Pennsylvania Nat’l Mut.

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

1986See Hannah v. State, 480 So.2d 718 (Fla. 4th DCA 1986).

11
Martin v. Stategreen
fladistctapp · 1971 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983In summary, to allow as a defense to a probation violation stemming from the commission of a crime the probationer’s lack of knowledge regarding his probationary status would “make a mockery of the very philosophy underlying the concept of probation, namely that given a second chance to live within the rules of society and the law of the land, one will prove that he will thereafter do so and become a useful member of society.” Martin v. State, 243 So.2d 189, 191 (Fla. 4th DCA), cert. denied, 247 So.2d 63 (Fla.1971).

11
Habig v. Bastiangreen
fla · 1935 · cited in 1 Florida opinions naming this issue, 1974–1974
2 sentences

1974See also Habig v. Bastían, 117 Fla. 864 , 158 So. 508 (1935).

1974See also Habig v. Bastían, 117 Fla. 864 , 158 So. 508 (1935).

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 (29)

CaseCitedYears
Orlando Orange Groves Co. v. Hale green
fla · 1935
2 sentences

1973In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 (1935), the Supreme Court said: "This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretation of the terms of the contract." Se

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

31962–1973
Bennett v. Williams green
fla · 1941
2 sentences

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

21962–1965
Lalow v. Codomo green
fla · 1958
2 sentences

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

1962In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: "This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretation of the terms of the contract

21962–1965
Reinhardt v. Reinhardt green
fladistctapp · 1961
2 sentences

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

1962In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: "This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretation of the terms of the contract

21962–1965
Sawyer v. Hime neutral
fladistctapp · 1959
2 sentences

1965The court said: # i}i * * * “In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: “ ‘This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretati

1962In Orlando Orange Groves Co. v. Hale, 119 Fla. 159 , 161 So. 284, 295 , the Supreme Court of Florida said: "This court is committed to the doctrine that where the terms of a written contract are in any respect uncertain or doubtful and the parties thereto have by their conduct placed a construction upon the contract which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the principles of correct legal interpretation of the terms of the contract

21962–1965
Webster v. John Clark, Son & Co. neutral
fla · 1894
2 sentences

1939Rep. 807 : “ ‘AVhen the terms of a written contract are in any re *51 spect doubtful or uncertain, or if the contract contains no provisions on a given point, or if it fails to define with certainty the duties of the parties with respect to a particular matter, or in a given emergency, and the parties to it have by their conduct placed a construction upon it which is reasonable, such construction will be adopted by the court upon the principle that it is the duty of the court to give effect to the intention of the parties where it is not wholly at variance with the correct legal interpretation

1935Webster v. Clark, 34 Fla. 637 , 16 So. 601 , 27 L.

21935–1939
State v. Raydo green
fla · 1998
1 sentence

2000When a judge renders a final judgment of conviction, withholds adjudication of guilt after a verdict of guilty, imposes a sentence, grants probation, or revokes probation, the judge shall forthwith inform the defendant concerning the rights of appeal therefrom, including the time allowed by law for taking an appeal. [2] The statutory authority for rule 3.670 is found in section 948.01(2), Florida Statutes (1997), which provides: If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice a

12000–2000
Orkin Exterminating Co. v. Palm Beach Hotel green
fladistctapp · 1984
1 sentence

1991See generally, BMW of North America, Inc. v. Krathen, 471 So.2d 585 (Fla. 4th DCA 1985), rev. denied, 484 So.2d 7 (Fla.1986); Maryland Casualty Co. v. Krasnek, 174 So.2d 541 (Fla.1965); Orkin Exterminating Co., Inc. v. Palm Beach Hotel Condominium Ass’n, Inc., 454 So.2d 697 (Fla. 4th DCA 1984); Pennsylvania Nat’l Mut.

11991–1991
Maryland Casualty Company v. Krasnek green
fla · 1965
1 sentence

1991See generally, BMW of North America, Inc. v. Krathen, 471 So.2d 585 (Fla. 4th DCA 1985), rev. denied, 484 So.2d 7 (Fla.1986); Maryland Casualty Co. v. Krasnek, 174 So.2d 541 (Fla.1965); Orkin Exterminating Co., Inc. v. Palm Beach Hotel Condominium Ass’n, Inc., 454 So.2d 697 (Fla. 4th DCA 1984); Pennsylvania Nat’l Mut.

11991–1991
James v. State green
fladistctapp · 1986
1 sentence

1991McCaskill; James v. State, 499 So.2d 24 (Fla. 1st DCA 1986).

11991–1991
Dozier v. Wood green
fladistctapp · 1983
1 sentence

1988Dozier v. Wood, 431 So.2d 184 (Fla. 1st DCA 1983).

11988–1988
Martin v. State green
fla · 1971
1 sentence

1983In summary, to allow as a defense to a probation violation stemming from the commission of a crime the probationer’s lack of knowledge regarding his probationary status would “make a mockery of the very philosophy underlying the concept of probation, namely that given a second chance to live within the rules of society and the law of the land, one will prove that he will thereafter do so and become a useful member of society.” Martin v. State, 243 So.2d 189, 191 (Fla. 4th DCA), cert. denied, 247 So.2d 63 (Fla.1971).

11983–1983
Pine Manufacturing Co. v. Roberson neutral
fla · 1932
1 sentence

1973Teague Furniture Co., 100 Fla. 972 , 130 So. 432 (1930); Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429 , 138 So. 21 , 143 So. 758 , 151 So. 327 (1931); Consolidated Development and Eng.

11973–1973
Durham Tropical Land Corp. v. Sun Garden Sales Co. green
fla · 1931
2 sentences

1973Teague Furniture Co., 100 Fla. 972 , 130 So. 432 (1930); Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429 , 138 So. 21 , 143 So. 758 , 151 So. 327 (1931); Consolidated Development and Eng.

1973Teague Furniture Co., 100 Fla. 972 , 130 So. 432 (1930); Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429 , 138 So. 21 , 143 So. 758 , 151 So. 327 (1931); Consolidated Development and Eng.

11973–1973
Sahlberg v. J. A. Teague Furn. Co. Inc. neutral
fla · 1930
2 sentences

1973Teague Furniture Co., 100 Fla. 972 , 130 So. 432 (1930); Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429 , 138 So. 21 , 143 So. 758 , 151 So. 327 (1931); Consolidated Development and Eng.

1973Teague Furniture Co., 100 Fla. 972 , 130 So. 432 (1930); Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429 , 138 So. 21 , 143 So. 758 , 151 So. 327 (1931); Consolidated Development and Eng.

11973–1973
Monsalvatge & Co. of Miami, Inc. v. Ryder Leasing, Inc. green
fladistctapp · 1963
1 sentence

1966Monsalvatge & Co. of Miami, Inc. v. Ryder Leasing, Inc. (Fla.App.1963), 151 So.2d 453, 455 . . 4 Moore’s Federal Practice 1653, § 26.29, (2d ed.).

11966–1966
Johnson v. Zerbst green
scotus · 1938
2 sentences

1964Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , (1938)." We do not rule on this point as it is a proper subject for determination by the trial court upon hearing the petition.

1964Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 , (1938)." We do not rule on this point as it is a proper subject for determination by the trial court upon hearing the petition.

11964–1964
Hoffler v. Wheeler green
dc · 1962
1 sentence

1964That the witness is dead; * * *." Rule 1.21 — 1954 Rules of Civil Procedure. [2] 10 Fla.Jur., Depositions, § 30, p. 206. [3] Hoffler v. Wheeler (D.C. 1962), 179 A.2d 909 . [4] Inland Bonding Co. v. Mainland Nat.

11964–1964
Frederick Et Ux. v. Yellow Cab Co. Of Philadelphia green
ca3 · 1952
1 sentence

1960Frederick v. Yellow Cab Company of Philadelphia, 3 Cir., 200 F.2d 483 .

11960–1960
Curtis v. Albritton as Cir. Judge green
fla · 1931
2 sentences

1955Rheinauer v. Malone, 40 Fla. 129 , 23 So. 575 , 577, wherein the trial court had jurisdiction of the subject matter of the suit and we held that an adverse ruling by the trial court upon a challenge to the court’s jurisdiction over the person of the defendant-petitioner, based upon an alleged insufficiency of service of process, was a ruling “within the sphere of its jurisdiction” and, therefore, even if that decision were assumed to be wrong; “it would afford no ground for the issuance of a writ of prohibition, as the remedy to correct such an erroneous ruling is plain and adequate, by writ o

1955Rheinauer v. Malone, 40 Fla. 129 , 23 So. 575 , 577, wherein the trial court had jurisdiction of the subject matter of the suit and we held that an adverse ruling by the trial court upon a challenge to the court’s jurisdiction over the person of the defendant-petitioner, based upon an alleged insufficiency of service of process, was a ruling “within the sphere of its jurisdiction” and, therefore, even if that decision were assumed to be wrong; “it would afford no ground for the issuance of a writ of prohibition, as the remedy to correct such an erroneous ruling is plain and adequate, by writ o

11955–1955
State ex rel. Rheinauer v. Malone neutral
fla · 1898
1 sentence

1955Rheinauer v. Malone, 40 Fla. 129 , 23 So. 575 , 577, wherein the trial court had jurisdiction of the subject matter of the suit and we held that an adverse ruling by the trial court upon a challenge to the court’s jurisdiction over the person of the defendant-petitioner, based upon an alleged insufficiency of service of process, was a ruling “within the sphere of its jurisdiction” and, therefore, even if that decision were assumed to be wrong; “it would afford no ground for the issuance of a writ of prohibition, as the remedy to correct such an erroneous ruling is plain and adequate, by writ o

11955–1955
Ballard v. United States green
scotus · 1946
2 sentences

1949We are requested to hold Section 40.01 (1), F.S.A., unconstitutional under Ballard v. United States, 329 U.S. 187 , 67 S.Ct. 261 , 91 L.Ed. 181 , and Thiel v. Southern Pacific Co., 328 U.S. 217 , 66 S.Ct. 984 , 90 L.Ed. 1181 , 166 A.L.R. 1412 .

1949We are requested to hold Section 40.01 (1), F.S.A., unconstitutional under Ballard v. United States, 329 U.S. 187 , 67 S.Ct. 261 , 91 L.Ed. 181 , and Thiel v. Southern Pacific Co., 328 U.S. 217 , 66 S.Ct. 984 , 90 L.Ed. 1181 , 166 A.L.R. 1412 .

11949–1949
Thiel v. Southern Pacific Co. green
scotus · 1946
2 sentences

1949We are requested to hold Section 40.01 (1), F.S.A., unconstitutional under Ballard v. United States, 329 U.S. 187 , 67 S.Ct. 261 , 91 L.Ed. 181 , and Thiel v. Southern Pacific Co., 328 U.S. 217 , 66 S.Ct. 984 , 90 L.Ed. 1181 , 166 A.L.R. 1412 .

1949We are requested to hold Section 40.01 (1), F.S.A., unconstitutional under Ballard v. United States, 329 U.S. 187 , 67 S.Ct. 261 , 91 L.Ed. 181 , and Thiel v. Southern Pacific Co., 328 U.S. 217 , 66 S.Ct. 984 , 90 L.Ed. 1181 , 166 A.L.R. 1412 .

11949–1949
Barrickman v. Lyman green
kyctapp · 1913
11935–1935
Barrickman v. Lyman neutral
kyctapp · 1913
11935–1935
Gorton v. Paine neutral
fla · 1881
11932–1932
Deans v. Wilcoxon green
fla · 1882
11932–1932
State v. Horne green
fla · 1906
11909–1909
Crump v. Perkins neutral
fla · 1881
11901–1901

Where else courts name it

NY 46 (1841–2014) CA 41 (1891–2021) TX 33 (1858–2007) IL 26 (1854–2011) IN 25 (1859–2015) OK 25 (1894–2015) GA 23 (1897–2016) FL 23 (1901–2000) NC 22 (1796–1987) MO 22 (1879–1995) KS 15 (1866–1997) VA 13 (1857–2005) MI 13 (1867–1984) WA 13 (1899–1997) OR 12 (1872–1993) OH 12 (1924–2025) AL 10 (1853–1977) CO 10 (1871–2009) ID 8 (1912–1989) PA 8 (1890–1987) AR 7 (1912–1958) WV 7 (1900–1960) LA 6 (1944–2010) NE 5 (1886–2003) MT 5 (1872–1955) MS 4 (1936–1982) VT 4 (1860–1936) TN 4 (1906–2012) WY 4 (1898–1998) IA 4 (1868–1963) MN 4 (1876–1945) WI 4 (1891–1951) KY 4 (1918–1971) NJ 3 (1936–1956) NM 3 (1948–2016) MD 3 (1973–2013) ND 3 (1921–1986) MA 3 (1915–1995) AZ 3 (1896–1938) UT 2 (1935–1971) SD 2 (1906–1977)

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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