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21 Florida opinions name it 3 courts 1971–2024 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.
| Case | Followed | Cited |
|---|---|---|
Conley v. Stategreen2 sentences2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). 2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). | 2 | 2 |
Johnson v. Stategreen2 sentences2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). 2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). | 2 | 2 |
Lundy v. Stategreen2 sentences2019See Harvey v. State , 156 So. 3d 583 , 585 (Fla. 5th DCA 2015). 2019See Harvey v. State , 156 So. 3d 583 , 585 (Fla. 5th DCA 2015). | 2 | 2 |
Franks v. Delawaregreen2 sentences2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). 2024In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155–56 (emphasis added); see also Johnson v. State, 660 So. 2d 648, 655 (Fla. 1995); Conley v. State, 226 So. 3d 358, 360 (Fla. 2d DCA 2017). | 1 | 5 |
South Dade Farms v. Petersgreen1 sentence2021See S. Dade Farms, Inc. v. Peters, 88 So. 2d 891, 899 (Fla. 1956) (“[I]n the event that the violation of the decree has resulted in damages to the injured party, there is adequate authority to support the assessment of a ‘compensatory fine’ to be 2 paid by the wrongdoing party to the party injured.”); H.K. | 1 | 1 |
A Aaable Bail Bonds, Inc. v. Able Bail Bond, Inc.green1 sentence2021Dev., LLC v. Greer, 32 So. 3d 178, 183 (Fla. 1st DCA 2010) (finding the sanctions order could not be upheld “because no evidence was adduced . . . to prove what relationship, if any, the $31,000 sanction b[ore] to ‘reasonable expenses caused by the failure’” to appear for deposition) (citation omitted); A Aaable Bail Bonds, Inc. v. Able Bail Bond, Inc., 626 So. 2d 1105, 1106 (Fla. 3d DCA 1993) (“The trial court's order departs from the essential requirements of the law because it does not comply with Fl[orida] R[ule of] Civ[il] P[rocedure] 1.380(b)(2) which deals with sanctions for violating d | 1 | 1 |
McKelvy v. Stategreen1 sentence2021Dev., LLC v. Greer, 32 So. 3d 178, 183 (Fla. 1st DCA 2010) (finding the sanctions order could not be upheld “because no evidence was adduced . . . to prove what relationship, if any, the $31,000 sanction b[ore] to ‘reasonable expenses caused by the failure’” to appear for deposition) (citation omitted); A Aaable Bail Bonds, Inc. v. Able Bail Bond, Inc., 626 So. 2d 1105, 1106 (Fla. 3d DCA 1993) (“The trial court's order departs from the essential requirements of the law because it does not comply with Fl[orida] R[ule of] Civ[il] P[rocedure] 1.380(b)(2) which deals with sanctions for violating d | 1 | 1 |
Carawan v. Statered1 sentence2007If, however, the statutory language with respect to the definition of an offense was ambiguous, the rule of lenity, earlier codified in the original passage of section 775.021, dictated that the ambiguity "be construed most favorably to the accused." § 775.021(1), Fla. Stat. (Supp.1974); see also Carawan v. State, 515 So.2d 161, 168 (Fla.1987) ("[W]e find that Florida's lenity requirement constitutes a rule of construction coequal to the Blockburger test codified in section 775.021(4)."). | 1 | 1 |
King v. Stategreen1 sentence2000See id. § 921.0014(2). | 1 | 1 |
Sullivan v. NW FLA. WATER MANAGEMENTgreen1 sentence1987DER’s final order rejected the hearing officer’s conclusion that the petitioners’ claim was moot, but followed his recommendation of dismissal, ruling that “removal of the dam will not affect the petitioners’ interest because they do not presently have access to navigable waters.” On appeal, the District Court of Appeal, First District reversed and remanded for an evidentiary hearing, with directions that “the hearing officer, and ultimately DER, in the event an inquiry into the zone of interest is deemed necessary upon consideration of the appellants asserted injury in fact, . . . access the | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Dinitz
green
2 sentences1980United States v. Dinitz, 424 U.S. 600 , 96 S.Ct. 1075 , 47 L.Ed.2d 267 (1976). 5. 1980United States v. Dinitz, 424 U.S. 600 , 96 S.Ct. 1075 , 47 L.Ed.2d 267 (1976). 5. | 4 | 1978–1980 |
Green Tree Financial Corp.-Alabama v. Randolph
green
2 sentences2014The Court held that “[n]one of this information affords a sufficient basis for concluding that Randolph would in fact have incurred substantial costs in the event her claim went to arbitration.” Id. 2014In a footnote, the Court found that Randolph supported her assertion that arbitration costs were prohibitively expensive with “unfounded assumptions.” Id. at 97, n. 6 , 121 S.Ct. 513 . | 1 | 2014–2014 |
State v. Tripp
green
1 sentence1993As to his first argument, we conclude that under Tripp v. State, 622 So.2d 941 (Fla. 1993) (revised opinion), which quashed our opinion in State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991), Williams' sentencing arrangement remains a viable sentencing option, but with a caveat, as we will explain. | 1 | 1993–1993 |
Tripp v. State
green
1 sentence1993As to his first argument, we conclude that under Tripp v. State, 622 So.2d 941 (Fla. 1993) (revised opinion), which quashed our opinion in State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991), Williams' sentencing arrangement remains a viable sentencing option, but with a caveat, as we will explain. | 1 | 1993–1993 |
In Interest of Em
green
1 sentence1990Id. | 1 | 1990–1990 |
Farish v. Lum's, Inc.
green
1 sentence1986In finding the trial court had not abused its discretion, the court quoted from Farish v. Lum's Inc., 267 So.2d 325 (Fla. 1972), in which the court said: The exercise of discretion by a trial judge who sees the parties firsthand and is more fully informed of the situation, is essential to the just and proper application of procedural rules. | 1 | 1986–1986 |
Mercer v. Raine
green
1 sentence1986Florida Rule of Civil Procedure 1.380(b)(2)(F) provides that, in the event of violation of a discovery order, "the court shall require the party failing to obey the order to pay the reasonable expenses caused by the failure that may include attorney's fees, unless the court finds that the failure was justified ..." In Mercer v. Raine, 443 So.2d 944 (Fla. 1983), the supreme court affirmed a trial court's order awarding attorney's fees and costs as a sanction for discovery violations. | 1 | 1986–1986 |
Gompers v. Bucks Stove & Range Co.
green
2 sentences1981The expression "compensatory fine" seems to have found its way into the law governing contempt in Gompers v. Buck's Stove & Range Co., [ 221 U.S. 418 , 31 S.Ct. 492 , 55 L.Ed. 797 (1911)]. 1981The expression "compensatory fine" seems to have found its way into the law governing contempt in Gompers v. Buck's Stove & Range Co., [ 221 U.S. 418 , 31 S.Ct. 492 , 55 L.Ed. 797 (1911)]. | 1 | 1981–1981 |
State v. Wright
green
1 sentence1971However, as a measure of precaution in the event the rule announced in State v. Wright, supra, should be held to be inapplicable in a non-jury criminal trial, we have considered the contention of insufficiency of the evidence in this case and find the contention to be without merit. | 1 | 1971–1971 |
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.