burden to demonstrate error (Florida) · Go Syfert
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burden to demonstrate error in Florida

20 Florida opinions name it 1 courts 1964–2025 4 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
Applegate v. Barnett Bank of Tallahasseegreen
fla · 1979 · cited in 9 Florida opinions naming this issue, 1980–2025
2 sentences

2005It is the appellant's burden to demonstrate error, Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979), and the former wife has not done so on this issue.

1980In the last few months our Supreme Court has repeated for the umpteenth time that the decisions of trial courts are cloaked with a presumption of correctness, that the burden to demonstrate error is on the appellant and that "Without knowing the factual context ... an appellate court [cannot] reasonably conclude that the trial court so misconceived the law as to require reversal." Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979).

89
Wolfson v. Unemployment Appeals Commissiongreen
fladistctapp · 1995 · cited in 3 Florida opinions naming this issue, 2001–2007
2 sentences

2007See Wolfson v. Unemployment Appeals Comm'n, 649 So.2d 363 (Fla. 5th DCA 1995).

2006Wolfson v. Unemployment Appeals Comm'n, 649 So.2d 363 (Fla. 5th DCA 1995).

13
MacNeill v. O'NEALgreen
fla · 1970 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Lauderdale, 81 So. 2d 511, 513 (Fla. 1955), and the appellee has no countervailing burden, see MacNeill v. O’Neal, 238 So. 2d 614, 615 (Fla. 1970).

11
Wells v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Wells v. State, 807 So. 2d 132, 136 (Fla. 3d DCA 2002) (“On this issue, the defendant’s appellate argument is entirely conclusory, and does not carry the defendant’s burden of making error appear.”).

11
Lynn v. City of Fort Lauderdalegreen
fla · 1955 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Lauderdale, 81 So. 2d 511, 513 (Fla. 1955), and the appellee has no countervailing burden, see MacNeill v. O’Neal, 238 So. 2d 614, 615 (Fla. 1970).

11
Williams v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017And after a jury trial, the burden to demonstrate error is especially heavy as the reviewing court must view “the evidence in the light most favorable to the jury verdict.” Williams v. State, 90 So.3d 931, 933 (Fla. 1st DCA 2012). ii.

2017And after a jury trial, the burden to demonstrate error is especially heavy as the reviewing court must view “the evidence in the light most favorable to the jury verdict.” Williams v. State, 90 So. 3d 931, 933 (Fla. 1st DCA 2012). ii.

11
Adams v. Adamsgreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993Adams, 385 So.2d at 689, n 4 . .

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 (7)

CaseCitedYears
Walker v. New Smyrna Beach Police Department neutral
fladistctapp · 2002
1 sentence

2003Walker v. New Smyrna Beach Police Department, 834 So.2d 277 (Fla. 5th DCA 2002).

12003–2003
Harmon v. Harmon green
fla · 1949
1 sentence

1980West Shore Restaurant Corp. v. Turk, 101 So.2d 123 (Fla. 1958); Harmon v. Harmon, 40 So.2d 209 (Fla. 1949); Conklin v. Pruitt, 182 So.2d 644 (Fla. 1st DCA 1966). [4] This "slight" presumption of correctness in a case determined by the trial court on a written record refers only to the appellant's burden to demonstrate error.

11980–1980
West Shore Restaurant Corp. v. Turk green
fla · 1958
1 sentence

1980West Shore Restaurant Corp. v. Turk, 101 So.2d 123 (Fla. 1958); Harmon v. Harmon, 40 So.2d 209 (Fla. 1949); Conklin v. Pruitt, 182 So.2d 644 (Fla. 1st DCA 1966). [4] This "slight" presumption of correctness in a case determined by the trial court on a written record refers only to the appellant's burden to demonstrate error.

11980–1980
Conklin v. Pruitt green
fladistctapp · 1966
1 sentence

1980West Shore Restaurant Corp. v. Turk, 101 So.2d 123 (Fla. 1958); Harmon v. Harmon, 40 So.2d 209 (Fla. 1949); Conklin v. Pruitt, 182 So.2d 644 (Fla. 1st DCA 1966). [4] This "slight" presumption of correctness in a case determined by the trial court on a written record refers only to the appellant's burden to demonstrate error.

11980–1980
Trushin v. City of Miami Beach green
fladistctapp · 1976
1 sentence

1980We begin with the presumption of correctness which the law accords to this judgment and the principle that appellant has the burden to demonstrate error, Trushin v. City of Miami Beach, 328 So.2d 27 (Fla.3d DCA 1976).

11980–1980
Green-Mar Builders, Inc. v. Pearlman green
fladistctapp · 1959
1 sentence

1964See: Green-Mar Builders, Inc. v. Pearlman, Fla.App.1959, 109 So.2d 601 ; DiVosta v. Boam Corp., Fla. App.1959, 110 So.2d 42 .

11964–1964
Di Vosta v. Boam Corp. green
fladistctapp · 1959
1 sentence

1964See: Green-Mar Builders, Inc. v. Pearlman, Fla.App.1959, 109 So.2d 601 ; DiVosta v. Boam Corp., Fla. App.1959, 110 So.2d 42 .

11964–1964

Where else courts name it

CA 54 (2002–2026) OH 44 (1993–2025) VA 27 (1996–2025) FL 20 (1964–2025) NM 16 (2009–2025) NH 8 (2001–2024) MO 6 (1982–2016) TX 4 (2000–2024) SC 3 (2014–2022) IL 3 (2018–2025) OR 3 (2012–2023) WA 2 (2005–2005) MN 2 (2014–2016) ID 2 (2022–2024) UT 2 (2013–2024) HI 2 (2007–2020)

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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