thoughtful and independent analysis (Florida) · Go Syfert
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thoughtful and independent analysis in Florida

22 Florida opinions name it 2 courts 2004–2026 9 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 (5)

CaseFollowedCited
Perlow v. Berg-Perlowgreen
fla · 2004 · cited in 22 Florida opinions naming this issue, 2004–2026
2 sentences

2026Proposed judgments “cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge.” Id.

2025Reversal is required, however, when the order does not reflect "a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow v. Berg-Perlow, 875 So. 2d 383, 390 (Fla. 2004); see also Toth v. Miller, 257 So. 3d 1166, 1167 (Fla. 2d DCA 2018).

1322
Bishop v. Bishopgreen
fladistctapp · 2010 · cited in 5 Florida opinions naming this issue, 2016–2026
2 sentences

2019II We must first address the Husband's attack of the final judgment, as a whole, based upon the trial court's "virtually verbatim" adoption of the Wife's proposed final judgment, arguing the findings do not reflect the court's thoughtful and independent analysis. "[T]he law in Florida does not prohibit the verbatim adoption of a judgment that has been proposed by a party." Bishop v. Bishop, 47 So. 3d 326, 328 (Fla. 2d DCA 2010) (citing M.D. v. Dep't of Children & Family Servs., 924 So. 2d 827, 830 (Fla. 2d DCA 2005)).

2017We do not believe the circuit court’s adoption of Ms. Bell’s proposed final judgment after the conclusion of the trial, under the circumstances of this case, was a “substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge.” See Bishop v. Bishop, 47 So.3d 326, 328 (Fla. 2d DCA 2010) (quoting Perlow v. Berg-Perlow, 875 So.2d 383, 390 (Fla. 2004)).

45
M.D. v. Department of Children & Family Servicesgreen
fladistctapp · 2005 · cited in 3 Florida opinions naming this issue, 2018–2019
2 sentences

2019II We must first address the Husband's attack of the final judgment, as a whole, based upon the trial court's "virtually verbatim" adoption of the Wife's proposed final judgment, arguing the findings do not reflect the court's thoughtful and independent analysis. "[T]he law in Florida does not prohibit the verbatim adoption of a judgment that has been proposed by a party." Bishop v. Bishop, 47 So. 3d 326, 328 (Fla. 2d DCA 2010) (citing M.D. v. Dep't of Children & Family Servs., 924 So. 2d 827, 830 (Fla. 2d DCA 2005)).

2018"But Berg-Perlow held only that a judge should announce findings when possible; it did not mandate that he or she do so[.]" In re: T.D. v. Department of Children and Family Servs. , 924 So.2d 827 , 831 (Fla. 2d DCA 2005) (emphasis in *757 original).

23
GREGORY FRANK TOTH v. STEPHANIE MILLER - TOTHgreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Reversal is required, however, when the order does not reflect "a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow v. Berg-Perlow, 875 So. 2d 383, 390 (Fla. 2004); see also Toth v. Miller, 257 So. 3d 1166, 1167 (Fla. 2d DCA 2018).

11
Ryans v. Bellgreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Rather, the adopted judgment "cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow v. Berg- Perlow, 875 So. 2d 383, 390 (Fla. 2004); see also Ryans v. Bell, 210 So. 3d 251 (Fla. 2d DCA 2017); Bishop v. Bishop, 47 So. 3d 326 (Fla. 2d DCA 2010).

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 (4)

CaseCitedYears
UNIVERSITY OF MIAMI, etc. v. SHANAY HALL JONES, etc. green
fladistctapp · 2022
1 sentence

2024Here, the record reflects that 1 In University of Miami v. Jones, 338 So. 3d 401 (Fla. 3d DCA 2022), this Court quashed the trial court’s December 8, 2021 order because it failed to make an express finding on Jones’s compliance with the statutory requirements.

12024–2024
CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. RONIEL CANDELARIA AND AMELIA PADURA green
fladistctapp · 2022
1 sentence

2023While a trial court’s verbatim adoption of a proposed order does not by itself constitute reversible error, see, e.g., Certain Underwriters at Lloyd’s London v. Candelaria, 339 So. 3d 463 (Fla. 3d DCA 2022); Kendall Healthcare Grp., Ltd. v. Madrigal, 271 So. 3d 1120 (Fla. 3d DCA 2020), a party’s proposed order “cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge.” Perlow v. Berg-Perlow, 875 So. 2d 383, 390 (Fla. 2004).

12023–2023
Kendall Healthcare Group v. Madrigal green
fladistctapp · 2019
1 sentence

2023While a trial court’s verbatim adoption of a proposed order does not by itself constitute reversible error, see, e.g., Certain Underwriters at Lloyd’s London v. Candelaria, 339 So. 3d 463 (Fla. 3d DCA 2022); Kendall Healthcare Grp., Ltd. v. Madrigal, 271 So. 3d 1120 (Fla. 3d DCA 2020), a party’s proposed order “cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge.” Perlow v. Berg-Perlow, 875 So. 2d 383, 390 (Fla. 2004).

12023–2023
Walker v. Walker green
fladistctapp · 2002
1 sentence

2004In the present case, this court directed the trial court to make several findings of fact on remand, including findings supporting the amount of alimony, findings that demonstrated whether the trial court considered the Wife's ability to support herself during and after the rehabilitative period in a manner reasonably commensurate with the marital lifestyle, and findings relating to the economic factors listed in section 61.08(2), Florida Statutes (1997). 818 So.2d at 713-14 .

12004–2004

Statutes the citing opinions construe

FL § 61.13 (7) FL § 61.30 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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