Respondents motion in Florida

18 Florida opinions name it 2 courts 1930–2019 0 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 (9)

Case	Followed	Cited
Cardegna v. Buckeye Check Cashing, Inc.green fla · 2005 · cited in 2 Florida opinions naming this issue, 2014–2014 2 sentences 2014The respondents appealed, and - 19 - this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So. 2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 (2006), and opinion withdrawn, 930 So. 2d 610 (Fla. 2006)). 2014The respondents appealed, and this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 , 126 S.Ct. 1204 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So.2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 , 126 S.Ct. 1204 , 163 L.Ed.2d 4038 (2006), and opinion withdrawn, 930 So.2d 610 (Fla.2006)).	2	2
TRG Desert Inn Venture, Ltd. v. Berezovskygreen fladistctapp · 2016 · cited in 2 Florida opinions naming this issue, 2018–2018 2 sentences 2018TRG Desert Inn Venture, Ltd. v. Berezovsky , 194 So.3d 516 , 519 (Fla. 3d DCA 2016). 2018TRG Desert Inn Venture, Ltd. v. Berezovsky, 194 So. 3d 516, 519 (Fla. 3d DCA 2016).	1	2
Reeves v. Fleetwood Homes of Florida, Inc.green fla · 2004 · cited in 1 Florida opinions naming this issue, 2019–2019 1 sentence 2019Analysis To invoke certiorari, a petitioner must demonstrate “(1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.” Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004) (citation omitted).	1	1
State v. Donaldsongreen fla · 1991 · cited in 1 Florida opinions naming this issue, 2010–2010 1 sentence 2010Specifically, the Respondents claim that the “breath test results are admissible if evidence of the following is provided by the Department: (1) the breath test was performed substantially in accordance with [FDLE] rules, with an approved machine and by a qualified technician; and (2) the machine has been inspected in accordance with [FDLE] rules to assures it accuracy.” State v. Donaldson, 579 So.2d 728, 729 (Fla.1991).	1	1
NAT. CAR RENTAL SYS. v. Kosakowskigreen fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002Florida Rule of Civil Procedure 1.280(b)(3) permits the discovery of documents prepared in anticipation of litigation or for trial only where the requesting party shows a need for "the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means." However, as FFB notes, "`inconsistencies in testimony and discrepancies are not a basis to compel production' of work product materials." Nat'l Car Rental Sys., Inc. v. Kosakowski, 659 So.2d 455, 457 (Fla. 4th DCA 1995) (quoting Healthtrust, Inc. v. Saunders, 651 So	1	1
Healthtrust, Inc. v. Saundersgreen fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002Florida Rule of Civil Procedure 1.280(b)(3) permits the discovery of documents prepared in anticipation of litigation or for trial only where the requesting party shows a need for "the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means." However, as FFB notes, "`inconsistencies in testimony and discrepancies are not a basis to compel production' of work product materials." Nat'l Car Rental Sys., Inc. v. Kosakowski, 659 So.2d 455, 457 (Fla. 4th DCA 1995) (quoting Healthtrust, Inc. v. Saunders, 651 So	1	1
Hackney v. McKennygreen fla · 1933 · cited in 1 Florida opinions naming this issue, 1988–1988 1 sentence 1988A tax assessment which is made in good faith but is merely irregular or unfair is voidable rather than per se void. 151 So. at 528; 262 So.2d at 4 . [5] The respondents do not challenge the constitutionality of § 194.171(6). [6] It appears that Ch. 83-204, § 7, Laws of Fla. was the legislature's response to a decision of the Second District Court of Appeal, Cape Cave Corp. v. Lowe, 411 So.2d 887 (Fla. 2d DCA), review denied, 418 So.2d 1280 (Fla. 1982), wherein the Second District held, as we did in Miller , that § 194.171(2) was a statute of limitations, the benefit of which the tax assessor m	1	1
Marks v. State Road Departmentgreen fla · 1954 · cited in 1 Florida opinions naming this issue, 1987–1987 1 sentence 1987See Marks v. State Road Dept., 69 So.2d 771 (Fla.1954); Clark v. Merritt, 480 So.2d 649 (Fla. 5th DCA 1985), rev. den. 488 So.2d 831 (Fla. 1986); Kirkland v. Robbins, 385 So.2d 694 (Fla. 5th DCA 1980), rev. den. 397 So.2d 779 (Fla.1981); National Indemnity Co. v. Andrews, 354 So.2d 454 (Fla. 2d DCA 1978), cert. den. 359 So.2d 1210 (Fla.1978); Brassell v. Brethauer, 305 So.2d 217 (Fla. 4th DCA 1974).	1	1
State Road Department v. Mutillogreen fladistctapp · 1963 · cited in 1 Florida opinions naming this issue, 1964–1964 1 sentence 1964See State Road Department v. Mutillo, Fla.App.1963, 155 So.2d 179 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Bush v. Holmes green fla · 2006 2 sentences 2019The trial court denied Respondents’ motion, distinguishing Coalition as “no longer binding authority” because the allegations there were less comprehensive and were “based on a prior and weaker version of the current Article IX, Section 1.” The trial court instead relied on this Court’s 2006 decision in Bush v. Holmes, 919 So. 2d 392 (Fla. 2006), -5- which interpreted the post-1998 article IX, section 1 in the context of a challenge to a voucher program. 2019The trial court denied Respondents' motion, distinguishing Coalition as "no longer binding authority" because the allegations there were less comprehensive and were "based on a prior and weaker version of the current Article IX, Section 1." The trial court instead relied on this Court's 2006 decision in Bush v. Holmes , 919 So.2d 392 (Fla. 2006), which interpreted the post-1998 article IX, section 1 in the context of a challenge to a voucher program.	2	2019–2019
Buckeye Check Cashing, Inc. v. Cardegna green scotus · 2006 2 sentences 2014The respondents appealed, and - 19 - this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So. 2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 (2006), and opinion withdrawn, 930 So. 2d 610 (Fla. 2006)). 2014The respondents appealed, and - 19 - this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So. 2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 (2006), and opinion withdrawn, 930 So. 2d 610 (Fla. 2006)).	2	2014–2014
Cardegna v. Buckeye Check Cashing, Inc. green fla · 2006 2 sentences 2014The respondents appealed, and - 19 - this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So. 2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 (2006), and opinion withdrawn, 930 So. 2d 610 (Fla. 2006)). 2014The respondents appealed, and this Court reversed “reasoning that to enforce an agreement to arbitrate in a contract challenged as unlawful ‘could breathe life into a contract that not only violates state law, but also is criminal in nature.’ ” Id. at 443 , 126 S.Ct. 1204 (quoting Cardegna v. Buckeye Check Cashing, Inc., 894 So.2d 860, 870 (Fla. 2005) rev’d, 546 U.S. 440 , 126 S.Ct. 1204 , 163 L.Ed.2d 4038 (2006), and opinion withdrawn, 930 So.2d 610 (Fla.2006)).	2	2014–2014
Susan Haines v. Liggett Group Inc. green ca3 · 1992 1 sentence 1997The trial court followed Haines v. Liggett Group, Inc., 975 F.2d 81 (3d Cir.1992), in determining that a prima facie showing had been made by the respondents that the exception had been established.	1	1997–1997
Lake Worth Towers, Inc. v. Gerstung green fla · 1972 1 sentence 1988A tax assessment which is made in good faith but is merely irregular or unfair is voidable rather than per se void. 151 So. at 528; 262 So.2d at 4 . [5] The respondents do not challenge the constitutionality of § 194.171(6). [6] It appears that Ch. 83-204, § 7, Laws of Fla. was the legislature's response to a decision of the Second District Court of Appeal, Cape Cave Corp. v. Lowe, 411 So.2d 887 (Fla. 2d DCA), review denied, 418 So.2d 1280 (Fla. 1982), wherein the Second District held, as we did in Miller , that § 194.171(2) was a statute of limitations, the benefit of which the tax assessor m	1	1988–1988
Cape Cave Corp. v. Lowe green fladistctapp · 1982 1 sentence 1988A tax assessment which is made in good faith but is merely irregular or unfair is voidable rather than per se void. 151 So. at 528; 262 So.2d at 4 . [5] The respondents do not challenge the constitutionality of § 194.171(6). [6] It appears that Ch. 83-204, § 7, Laws of Fla. was the legislature's response to a decision of the Second District Court of Appeal, Cape Cave Corp. v. Lowe, 411 So.2d 887 (Fla. 2d DCA), review denied, 418 So.2d 1280 (Fla. 1982), wherein the Second District held, as we did in Miller , that § 194.171(2) was a statute of limitations, the benefit of which the tax assessor m	1	1988–1988
Brassell v. Brethauer green fladistctapp · 1974 1 sentence 1987See Marks v. State Road Dept., 69 So.2d 771 (Fla.1954); Clark v. Merritt, 480 So.2d 649 (Fla. 5th DCA 1985), rev. den. 488 So.2d 831 (Fla. 1986); Kirkland v. Robbins, 385 So.2d 694 (Fla. 5th DCA 1980), rev. den. 397 So.2d 779 (Fla.1981); National Indemnity Co. v. Andrews, 354 So.2d 454 (Fla. 2d DCA 1978), cert. den. 359 So.2d 1210 (Fla.1978); Brassell v. Brethauer, 305 So.2d 217 (Fla. 4th DCA 1974).	1	1987–1987
Kirkland v. Robbins green fladistctapp · 1980 1 sentence 1987See Marks v. State Road Dept., 69 So.2d 771 (Fla.1954); Clark v. Merritt, 480 So.2d 649 (Fla. 5th DCA 1985), rev. den. 488 So.2d 831 (Fla. 1986); Kirkland v. Robbins, 385 So.2d 694 (Fla. 5th DCA 1980), rev. den. 397 So.2d 779 (Fla.1981); National Indemnity Co. v. Andrews, 354 So.2d 454 (Fla. 2d DCA 1978), cert. den. 359 So.2d 1210 (Fla.1978); Brassell v. Brethauer, 305 So.2d 217 (Fla. 4th DCA 1974).	1	1987–1987
Clark v. Merritt neutral fladistctapp · 1985 1 sentence 1987See Marks v. State Road Dept., 69 So.2d 771 (Fla.1954); Clark v. Merritt, 480 So.2d 649 (Fla. 5th DCA 1985), rev. den. 488 So.2d 831 (Fla. 1986); Kirkland v. Robbins, 385 So.2d 694 (Fla. 5th DCA 1980), rev. den. 397 So.2d 779 (Fla.1981); National Indemnity Co. v. Andrews, 354 So.2d 454 (Fla. 2d DCA 1978), cert. den. 359 So.2d 1210 (Fla.1978); Brassell v. Brethauer, 305 So.2d 217 (Fla. 4th DCA 1974).	1	1987–1987
National Indem. Co. v. Andrews green fladistctapp · 1978 1 sentence 1987See Marks v. State Road Dept., 69 So.2d 771 (Fla.1954); Clark v. Merritt, 480 So.2d 649 (Fla. 5th DCA 1985), rev. den. 488 So.2d 831 (Fla. 1986); Kirkland v. Robbins, 385 So.2d 694 (Fla. 5th DCA 1980), rev. den. 397 So.2d 779 (Fla.1981); National Indemnity Co. v. Andrews, 354 So.2d 454 (Fla. 2d DCA 1978), cert. den. 359 So.2d 1210 (Fla.1978); Brassell v. Brethauer, 305 So.2d 217 (Fla. 4th DCA 1974).	1	1987–1987
Raisen v. Raisen green fla · 1979 1 sentence 1985The First District affirmed, citing Raisen v. Raisen, 379 So.2d 352 (Fla. 1979), cert. denied, 449 U.S. 886 , 101 S.Ct. 240 , 66 L.Ed.2d 111 (1980), but certified to this Court as a question of great public importance: Is the doctrine of interspousal immunity waived, to the extent of available liability insurance, when the action is for a negligent tort?	1	1985–1985
Wilmot v. Walker green scotus · 1980 1 sentence 1985The First District affirmed, citing Raisen v. Raisen, 379 So.2d 352 (Fla. 1979), cert. denied, 449 U.S. 886 , 101 S.Ct. 240 , 66 L.Ed.2d 111 (1980), but certified to this Court as a question of great public importance: Is the doctrine of interspousal immunity waived, to the extent of available liability insurance, when the action is for a negligent tort?	1	1985–1985
Raisen v. Raisen green scotus · 1980 1 sentence 1985The First District affirmed, citing Raisen v. Raisen, 379 So.2d 352 (Fla. 1979), cert. denied, 449 U.S. 886 , 101 S.Ct. 240 , 66 L.Ed.2d 111 (1980), but certified to this Court as a question of great public importance: Is the doctrine of interspousal immunity waived, to the extent of available liability insurance, when the action is for a negligent tort?	1	1985–1985
Wainwright v. Scott green scotus · 1980 1 sentence 1985The First District affirmed, citing Raisen v. Raisen, 379 So.2d 352 (Fla. 1979), cert. denied, 449 U.S. 886 , 101 S.Ct. 240 , 66 L.Ed.2d 111 (1980), but certified to this Court as a question of great public importance: Is the doctrine of interspousal immunity waived, to the extent of available liability insurance, when the action is for a negligent tort?	1	1985–1985
Price v. State neutral fladistctapp · 1971 1 sentence 1972Colhoun v. Greyhound Lines, Inc., Fla.App. 1971, 253 So.2d 176 .	1	1972–1972
Shapleigh v. San Angelo green · 1897 2 sentences 1936Shapleigh v. City of San Angelo, 167 U. S. 646 , 17 Sup. Ct. Rep. 957, 42 L. 1936Shapleigh v. City of San Angelo, 167 U. S. 646 , 17 Sup. Ct. Rep. 957, 42 L.	1	1936–1936
City of Palmetto v. Klemm neutral fla · 1933 2 sentences 1934This cause coming on for considera■tion upon the motion of relators for a peremptory writ of mandamus herein to ¿-equire the respondent officials. of DeSoto County to convene and revise the county budget for the fiscal year 1933-1934 so as to include therein an appropriation Sufficient to pay the past due interest and interest which will mature prior to October 1, Í934, upon the out 15 standing bonds described in the alternative writ and it appearing that no good cause has been presented by the respondents in bar or preclusion of the award of a peremptory writ in accordance with the terms of 1934This cause coming on for considera■tion upon the motion of relators for a peremptory writ of mandamus herein to ¿-equire the respondent officials. of DeSoto County to convene and revise the county budget for the fiscal year 1933-1934 so as to include therein an appropriation Sufficient to pay the past due interest and interest which will mature prior to October 1, Í934, upon the out 15 standing bonds described in the alternative writ and it appearing that no good cause has been presented by the respondents in bar or preclusion of the award of a peremptory writ in accordance with the terms of	1	1934–1934
Elizabethport Cordage Co. v. Whitlock green fla · 1896 1 sentence 1930As to the question whether the court had jurisdiction of the property and the respondents in the rule to show cause, this Court held in the case of Elizabethport Cordage Co. v. Whitlock, 37 Fla. 190 , 20 So.	1	1930–1930

Statutes the citing opinions construe

FL § 768.72 (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.

Where else courts name it

CA 104 (1909–2026) NY 102 (1887–2026) MO 70 (1872–2025) SC 44 (1933–2025) WA 26 (1895–2025) MD 20 (1991–2021) PA 19 (1925–2023) FL 18 (1930–2019) OH 17 (1999–2024) IL 14 (1888–2025) MT 12 (1917–2007) WV 12 (2003–2024) ID 10 (1922–2015) WI 9 (1873–2018) TX 9 (1962–2015) NM 9 (1993–2020) OR 7 (1907–2025) CT 7 (1986–2011) AL 6 (1939–2016) CO 5 (1955–2012) MN 5 (1924–2001) NC 4 (2010–2022) HI 4 (1930–2015) RI 4 (1878–2020) ME 3 (1854–2019) MI 3 (1918–2025) ND 3 (1919–1929) MA 3 (1896–2015) NE 3 (1893–2021) DE 3 (1934–2021) KY 3 (1999–2016) OK 2 (1915–2017) LA 2 (1950–2024) NJ 2 (1967–1974) SD 2 (1919–1932)

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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