22 Florida opinions name it 3 courts 1919–2026 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 |
|---|---|---|
Miller v. Stategreen1 sentence2026“To be considered as evidence inferences drawn from admitted or proven facts must logically flow from the facts so admitted or 6 proved.” Miller v. State, 75 So. 2d 312, 315 (Fla. 1954). | 1 | 1 |
Neeld v. Stategreen1 sentence2025Because Ms. Lagasse did not lodge any Quarterman agreement is made when a defendant agrees to a 'specific sentence with the caveat that the trial court could impose any greater lawful sentence if he or she' does not appear at sentencing." (quoting Neeld v. State, 977 So. 2d 740, 743 (Fla. 2d DCA 2008))). 2 objection in the proceedings below regarding the trial court's lack of willfulness findings, see Cruz v. State, 303 So. 3d 285 , 286 (Fla. 5th DCA 2020) (holding that the defendant was required to object to the lack of willfulness findings at the sentencing proceedings below in order to pres | 1 | 1 |
Heck Van Tran v. Roland Colsongreen1 sentence2015See also Van Tran v. Colson, 764 F.3d 594, 613-14 (6th Cir.2014) (remanding for a new evidentiary hearing because the state postconviction court erroneously relied on the absence of any test of intellectual functioning before the age of 18 and discounted the fact that the defendant’s childhood was marked by certain impairments during the developmental period, including his delay in reaching various milestones, because a multitude of factors could have caused those delays). | 1 | 1 |
Boatman v. Stategreen1 sentence2012This is an appeal from an involuntary civil commitment order under the Jimmy Ryce Act. 1 We have never reversed a commitment order entered under the Jimmy Ryce Act after trial on account of a delay in the start of the trial, and decline to do so today, in the absence of any claim or “demonstration of an impact on the fairness of the trial itself.” Boatman v. State, 77 So.3d 1242, 1251 (Fla.2011). | 1 | 1 |
Lamm v. Chapmangreen1 sentence1990We, note that the Lamm holding was apparently based on Article I, section 11 of the Florida Constitution, see Lamm, 413 So.2d at 753 (Sund-berg, C.J., concurring in part and dissenting in part), but we decline to venture any opinion as to whether a constitutional challenge to section 61.17(3) might ultimately prevail. | 1 | 1 |
Zamora v. Columbia Broadcasting Systemgreen1 sentence1989See Zamora v. Columbia Broadcasting Sys., 480 F. Supp. 199 (S.D.Fla. 1979) (rejecting claim that minor plaintiff developed a sociopathic personality by watching violence on television). | 1 | 1 |
Hutchens Bros., Inc. v. Brownsbergergreen1 sentence1988There is no question in my mind that the panel in Gordon based its decision on Espinoza v. Safeco Title Insurance Co., 598 P.2d 346 (Utah 1979), but failed to consider that the decision referred to a clause in the contract, apparently used in Utah, that abrogated the "Earnest Money Agreement": "[b]y execution and delivery of the final agreement, that is, the deed and policy of title insurance." Gordon involved a question of possession the sellers' wall encroached on that portion of their property which they sold to the purchasers; thus the dispute could not have justified an award of an atto | 1 | 1 |
Beaty v. Beatygreen1 sentence1984See Beaty v. Beaty, 177 So.2d 54 (Fla. 2d DCA 1965) (that court holding that if joint checking accounts were owned by the husband and wife as an estate by the entireties, and if portions thereof were removed by one of the parties for a purpose not consistent with their joint interests, the chancellor could properly require a return of such portion as would do equity); Landay v. Landay, 429 So.2d 1197, 1200 (Fla. 1983) (the Florida Supreme Court stating that in the absence of any claim for special equity on either spouse's part, record title bespeaks an equal division of property, with a tenanc | 1 | 1 |
Landay v. Landaygreen1 sentence1984See Beaty v. Beaty, 177 So.2d 54 (Fla. 2d DCA 1965) (that court holding that if joint checking accounts were owned by the husband and wife as an estate by the entireties, and if portions thereof were removed by one of the parties for a purpose not consistent with their joint interests, the chancellor could properly require a return of such portion as would do equity); Landay v. Landay, 429 So.2d 1197, 1200 (Fla. 1983) (the Florida Supreme Court stating that in the absence of any claim for special equity on either spouse's part, record title bespeaks an equal division of property, with a tenanc | 1 | 1 |
United States v. Peter Licavoli, Sr.green1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1 |
Appalachian Power Co. v. United Statesgreen1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1 |
Licavoli v. United Statesgreen1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1 |
Abercrombie v. Louisianagreen1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1 |
| State ex rel. Drew v. McLingreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Erie Ins. Co. v. Bushy
green
2 sentences1987Co. v. Bushy, 394 So.2d 228 (Fla. 5th DCA 1981), and observed that the objectionable comment in Bushy went beyond the "send a message" language found in Eagle-Picher, in that it demanded that defendant pay a penalty. [2] The Eagle-Picher opinion observed that such language "inescapably ask[ed] the jury to punish the defendant despite the absence of any claim for punitive damages," and held that the comment in Eagle-Picher was not sufficiently prejudicial to warrant reversal. 1985Likewise, we do not read Erie Insurance Co. v. Bushy, 394 So.2d 228 (Fla. 5th DCA 1981), as establishing a per se rule of reversal when plaintiff's counsel exhorts the jury to send a message to the defendant, since in Bushy , unlike the present case, the "send a message" argument was followed by a reference to the defendants having "to pay a penalty," inescapably asking the jury to punish the defendant despite the absence of any claim for punitive damages. | 2 | 1985–1987 |
Jackson v. State
green
1 sentence2014Given the hearsay nature of this evidence, the clear and unambiguous language of rule 3.211(d), and the absence of any rule of evidence or rule of criminal procedure permitting admission of these reports at sentencing 7 , the State’s prior stipulation to the use of these reports for competency purposes did not serve as a basis for the trial court, over the State’s objection, to admit or rely upon these reports as a basis for a downward departure sentence. 8 Because the trial court imposed a downward departure sentence based upon the erroneous admission of these reports, we vacate all four felo | 1 | 2014–2014 |
Morel v. Wilkins
green
2 sentences2012Here, as in Morel v. Wilkins, 84 So.3d 226 (Fla. 2012), the delay that occurred is properly attributed to Appellant. “[Bjecause the delay in [Anderson’s] commitment trial has been made for tactical reasons at his own request, his detention did not result in a constitutional violation.” Id. at 227 . 2012Here, as in Morel v. Wilkins, 84 So.3d 226 (Fla. 2012), the delay that occurred is properly attributed to Appellant. “[Bjecause the delay in [Anderson’s] commitment trial has been made for tactical reasons at his own request, his detention did not result in a constitutional violation.” Id. at 227 . | 1 | 2012–2012 |
Gulf Offshore Co. v. Mobil Oil Corp.
green
2 sentences2003"Federal law confers rights binding on state courts, the jurisdiction of which is governed in the first instance by state laws." Gulf Offshore Co., 453 U.S. at 478 , 101 S.Ct. 2870 (footnote omitted). 2003"Federal law confers rights binding on state courts, the jurisdiction of which is governed in the first instance by state laws." Gulf Offshore Co., 453 U.S. at 478 , 101 S.Ct. 2870 (footnote omitted). | 1 | 2003–2003 |
Mancuso v. State
green
1 sentence1995On appeal, the Fourth District Court of Appeal reversed Mancuso's conviction because of the absence of any instruction to the jury on "`constructive knowledge' of the death/injury." Mancuso, 636 So.2d at 754 . | 1 | 1995–1995 |
Neu v. Miami Herald Pub. Co.
green
1 sentence1992Fla., 1976). 3 See , AGO 84-12, which defines the word "matter" for purposes of s. 166.021 (4), F.S., as "that with regard to or about which anything takes place or is done." As that opinion states, the word is of the broad signification and "[w]hen the Legislature uses a term of general import or wide meaning, it must be interpreted broadly enough to embrace within it all the things to which its generality reasonably extends." 4 See also , AGO 84-12, concluding that a municipality is without authority to amend a city charter provision to change the name of the city's appointive planning and z | 1 | 1992–1992 |
Resedean v. Civil Service Board of Pensacola
green
1 sentence1992Chapter 90-442, Laws of Florida, establishes the pension board of trustees as an independent agency under the city charter. 21 No provision of the special act, Chs. 175 or 185, F.S., or Part VII, Ch. 112 , F.S., requires the board of trustees to submit its budget to the city for review. 22 In the absence of any requirement that the Jacksonville Police and Fire Pension Board of Trustees submit its budget to the city for approval, and in light of the expressed independent nature of the board, it is my opinion that the board's budget is not required to be approved by the City of Jacksonville. 1 S | 1 | 1992–1992 |
Espinoza v. Safeco Title Insurance Co.
green
1 sentence1988There is no question in my mind that the panel in Gordon based its decision on Espinoza v. Safeco Title Insurance Co., 598 P.2d 346 (Utah 1979), but failed to consider that the decision referred to a clause in the contract, apparently used in Utah, that abrogated the "Earnest Money Agreement": "[b]y execution and delivery of the final agreement, that is, the deed and policy of title insurance." Gordon involved a question of possession the sellers' wall encroached on that portion of their property which they sold to the purchasers; thus the dispute could not have justified an award of an atto | 1 | 1988–1988 |
Eagle-Picher Industries, Inc. v. Cox
green
1 sentence1987Eagle-Picher, 481 So.2d at 519 n. 1. | 1 | 1987–1987 |
People v. Cvetich
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
| United States v. Martin green | 1 | 1981–1981 |
United States v. Marcelle Lacouture
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
Spencer Boat Co., Inc. v. Liutermoza
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
United States v. Herman Tyrone Harris
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
| United States v. Charles Lidge Bolts and Joe Dee Hicks green | 1 | 1981–1981 |
Brierly v. United States
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
| Lacouture v. United States green | 1 | 1981–1981 |
| Smith v. Texas green | 1 | 1981–1981 |
Roots v. Wainwright
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
Zannis v. United States
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
| Hicks v. United States green | 1 | 1981–1981 |
Porebski v. United States
green
1 sentence1981Accord, United States v. Licavoli, 604 F.2d 613 (9th Cir.1979), cert. denied, 446 U.S. 935 , 100 S.Ct. 2151 , 64 L.Ed.2d 787 (1980); United States v. Bolts, 558 F.2d 316 (5th Cir.1977), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1978); United States v. Harris, 542 F.2d 1283 (7th Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1558 , 51 L.Ed.2d 779 (1977); United States v. Martin, 526 F.2d 485 (10th Cir.1975); United States v. Lacouture, 495 F.2d 1237 , rehearing denied, 503 F.2d 568 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974); People v. Cvet | 1 | 1981–1981 |
| Citizens of Florida v. Mayo green | 1 | 1979–1979 |
| Gordon v. Justice Court green | 1 | 1977–1977 |
| Univ. of S. Fla. College v. Pub. Emp. Rel. Comm. neutral | 1 | 1976–1976 |
| Panama City v. Public Employees Relations Commission neutral | 1 | 1976–1976 |
| Amalgamated Transit Union, Local 1464 v. Public Employees Relations Commission neutral | 1 | 1976–1976 |
| Tilghman v. State neutral | 1 | 1964–1964 |
| Ex Parte Welles green | 1 | 1964–1964 |
| Christopher v. Newnham neutral | 1 | 1931–1931 |
| Bell v. Niles green | 1 | 1919–1919 |
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.