dismissed claim (Florida) · Go Syfert
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dismissed claim in Florida

19 Florida opinions name it 2 courts 1973–2024 1 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 (10)

CaseFollowedCited
Leflora v. Royal Am. Mgmt., Inc.green
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Ctr., Inc., 260 So. 3d 515, 517-18 (Fla. 3d DCA 2018) (concluding that an order granting summary judgment on the only claim was not a partial final judgment because related counterclaims remained pending).

11
Jensen v. Whetstinegreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008) (dismissing appeal where the dismissed claim involved the same parties and underlying facts as claims that remained pending); Libman v. Fla. Wellness & Rehab.

11
State v. Balezosgreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017“A trial court’s decision to grant a motion to dismiss will not be reversed absent an abuse of discretion.” State v. Balezos, 765 So.2d 819, 822 (Fla. 4th DCA 2000).

11
Joseph v. Chaningreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010“Conversion is defined as ‘an act of dominion wrongfully asserted over, and inconsistent with, another’s possessory rights in personal property.’ ” Joseph v. Chanin, 940 So.2d 483, 486 (Fla. 4th DCA 2006) (quoting Goodwin v. Alexatos, 584 So.2d 1007, 1011 (Fla. 5th DCA 1991)).

11
Goodwin v. Alexatosgreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010“Conversion is defined as ‘an act of dominion wrongfully asserted over, and inconsistent with, another’s possessory rights in personal property.’ ” Joseph v. Chanin, 940 So.2d 483, 486 (Fla. 4th DCA 2006) (quoting Goodwin v. Alexatos, 584 So.2d 1007, 1011 (Fla. 5th DCA 1991)).

11
Vonmitschke-Collande v. Kramergreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008P. 1.420(f) ("If a notice of lis pendens has been filed in connection with a claim for affirmative relief that is dismissed under this rule, the notice of lis pendens connected with the dismissed claim is automatically dissolved at the same time."); Vonmitschke-Collande v. Kramer, 841 So.2d 481, 482 (Fla. 3d DCA 2002) ("The Florida Supreme Court made it abundantly clear that when an underlying case's dismissal is reversed, the accompanying lis pendens is reinstated."), review denied sub nom.

11
Kates v. Robinsongreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007In an appeal from that decision we affirmed the dismissal, saying that "[u]nder no interpretation of these facts can Jay be liable for [malpractice]. . . ." Kates v. Robinson, 786 So.2d 61, 65 (Fla. 4th DCA 2001).

11
Register v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004In Register v. State, 619 So.2d 498, 499 (Fla. 2d DCA 1993), we stated that an issue concerning the scoring of prior convictions that "may be voidable for constitutional infirmities" cannot be raised for the first time on appeal or in a motion to correct illegal sentence; however, the issue could constitute ineffective assistance of counsel.

11
Miller v. State Entomologistgreen
va · 1926 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003It is not necessary to *1051 wait for absolute infection before the cedars may be destroyed." Id. at 818.

11
Schimmel v. Aetna Cas. & Sur. Co.green
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1988–1988
1 sentence

1988The trial court dismissed the claim "upon a ruling that the doctrine against impermissibly splitting causes of action bar[red] this action as a matter of law," a policy which "avoids vexatious and multiple lawsuits arising out of a single incident." 506 So.2d at 1164 ( emphasis supplied ).

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 (11)

CaseCitedYears
Curd v. Mosaic Fertilizer, LLC red
fla · 2010
1 sentence

2018Id. at 1219 .

12018–2018
Spera v. State green
fla · 2007
1 sentence

2011The court dismissed claims l(a, b, d, e) as facially insufficient and provided leave for Gosney to “timely” file a facially sufficient claim pursuant to Spera v. State, 971 So.2d 754 (Fla.2007).

12011–2011
Page v. Matthews green
fladistctapp · 1980
2 sentences

2003In so ruling, the court cited Page v. Matthews, 386 So.2d 815 (Fla. 5th DCA 1980), wherein the fifth district stated that "an action for conversion is regarded as a possessory action and the plaintiff must have a present or immediate right of possession of the property in question." Id. at 816 .

2003In so ruling, the court cited Page v. Matthews, 386 So.2d 815 (Fla. 5th DCA 1980), wherein the fifth district stated that "an action for conversion is regarded as a possessory action and the plaintiff must have a present or immediate right of possession of the property in question." Id. at 816 .

12003–2003
Anchor Bank, S.S.B. v. Conrardy green
fladistctapp · 1998
1 sentence

2003In, Anchor Bank, S.S.B. v. Conrardy, 763 So.2d 360 (Fla. 4th DCA 1998), this court held that it is: well-settled law in Florida that a condition precedent to rescission is that the other party be returned to his status quo.

12003–2003
Bishop v. Florida Specialty Paint Co. green
fla · 1980
1 sentence

2002The majority begins its choice of law "journey" with Bishop v. Florida Specialty Paint Co., 389 So.2d 999 (Fla.1980), and thereby handily escapes the inconvenience of a significant part of the history of choice of law rules in Florida.

12002–2002
Moransais v. Heathman red
fla · 1999
1 sentence

2000Significantly, the trial court denied Ms. Morgan's request to amend her pleadings to state a cause of action after the supreme court issued its decision in Moransais v. Heathman, 744 So.2d 973 (Fla.1999).

12000–2000
Hullinger v. Ryder Truck Rental, Inc. green
fla · 1989
1 sentence

1999Id. at 232 .

11999–1999
Ingersoll v. Hoffman green
fladistctapp · 1990
1 sentence

1994Ingersoll v. Hoffman, 561 So.2d 324 (Fla. 3d DCA 1990).

11994–1994
Hoppe v. Hearst Corp. green
washctapp · 1989
1 sentence

1990The court dismissed his claim concluding that, considering the context of the statements and their tone, the column did not allege defamatory facts as a matter of law. 770 P.2d at 207 .

11990–1990
Quest v. Joseph green
fladistctapp · 1981
1 sentence

1981While the appeal was pending this court issued an opinion in Quest v. Joseph, 392 So.2d 256 (Fla. 3d DCA 1981) holding that an action for contribution may be maintained against the parent of an injured minor child-plaintiff notwithstanding the child’s inability to sue the parent directly even when the parent’s liability involves negligent supervision of the child.

11981–1981
Martin Company v. Carpenter green
fla · 1961
2 sentences

1973However, this Court failed to apply the rule to the facts of Martin Company v. Carpenter, supra , because of a lack of evidence on the employer's reliance on the misrepresentations, and because it approved of the disallowance of the claim on the grounds of there being no accidental injury.

1973This Court dismissed the claim and, after extensive discussion of public policy and decisions from other jurisdictions, set forth the following rule: "[A] false representation as to physical condition or health made by an employee in procuring employment will preclude the benefits of the Workmen's Compensation *20 Act for an otherwise compensable injury if there is shown to be a causal relationship between the injury and the false representation and if it is also shown that (1) the employee knew the representation to be false, (2) the employer relied upon the false representation and (3) such

11973–1973

Where else courts name it

NY 49 (1910–2025) IL 43 (1980–2026) OH 38 (1989–2025) TX 30 (1961–2025) WA 28 (1988–2026) PA 27 (1943–2025) MI 20 (1980–2026) CA 20 (1957–2025) FL 19 (1973–2024) LA 15 (1950–2025) NJ 13 (1966–2026) AZ 12 (1971–2023) WI 11 (1977–2025) CO 11 (1962–2026) TN 11 (1978–2022) OR 10 (1973–2026) MD 10 (1961–2020) MO 9 (1988–2017) VT 9 (1988–2023) UT 8 (1987–2025) AL 8 (1976–2026) OK 8 (1931–2023) MS 6 (1996–2019) DC 6 (1974–2021) IN 5 (1987–2015) NC 5 (2001–2017) DE 5 (2017–2026) GA 5 (1970–2023) KY 5 (1986–2025) NM 4 (1970–2011) VA 4 (1981–2016) SD 4 (2007–2018) SC 4 (1983–2025) ID 4 (1983–2018) NH 4 (1995–2017) KS 3 (1989–2023) IA 3 (1961–2017) WV 3 (1999–2005) AR 3 (1986–2023) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000) ND 2 (2003–2005) NE 2 (1990–2005)

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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