harsh rule in Florida

17 Florida opinions name it 3 courts 1920–2010 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 (6)

Case	Followed	Cited
Wawak v. Stewartgreen ark · 1970 · cited in 1 Florida opinions naming this issue, 2010–2010 2 sentences 2010The Fourth District noted that, at the time of its decision, the rule that implied warranties do not extend to realty was fast eroding, as fourteen other jurisdictions had already rejected the rule. 2 In extend 906 ing the implied warranties to the sale of homes, most courts echoed sentiments similar to those expressed by the Arkansas Supreme Court in Wawak v. Stewart, 247 Ark. 1093 , 449 S.W.2d 922, 923 (1970), in which the court stated: Both the rapidity and the unanimity with which the courts have recently moved away from the harsh doctrine of caveat emptor in the sale of new houses are am 2010The Fourth District noted that, at the time of its decision, the rule that implied warranties do not extend to realty was fast eroding, as fourteen other jurisdictions had already rejected the rule. 2 In extend 906 ing the implied warranties to the sale of homes, most courts echoed sentiments similar to those expressed by the Arkansas Supreme Court in Wawak v. Stewart, 247 Ark. 1093 , 449 S.W.2d 922, 923 (1970), in which the court stated: Both the rapidity and the unanimity with which the courts have recently moved away from the harsh doctrine of caveat emptor in the sale of new houses are am	1	1
Stewart v. Bee-Dee Neon & Signs, Inc.green fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001See Stewart, 751 So.2d at 200 ; Koulisis, 730 So.2d at 293 ; City of Apopka, 701 So.2d at 644 ; Esquire Care, Inc., 532 So.2d at 740 .	1	1
Am. Fed. of Gov. Employees v. DeGriogreen fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 1997–1997 1 sentence 1997See American Fed'n of Gov't Employees v. DeGrio, 454 So.2d 632 (Fla. 3d DCA 1984)(Jorgenson, J., concurring in part, dissenting in part); Rivera v. Randle E.	1	1
Taite v. Busbeegreen fladistctapp · 1968 · cited in 1 Florida opinions naming this issue, 1994–1994 1 sentence 1994See e.g., Kearney v. Saline, 208 So.2d 650 (Fla. 1st DCA 1968).	1	1
Bullock v. Armstronggreen fladistctapp · 1965 · cited in 1 Florida opinions naming this issue, 1984–1984 1 sentence 1984See Bullock v. Armstrong, 180 So.2d 479 (Fla. 2d DCA 1965). [1] In Seabrook the court held that under all the evidence, the trial court properly submitted to the jury the question of whether the parents were negligent in keeping a loaded pistol in an unlocked place in a room to which a child had access.	1	1
Bateman v. Crimgreen dc · 1943 · cited in 1 Florida opinions naming this issue, 1984–1984 2 sentences 1984In Bateman v. Crim, 34 A.2d 257 (D.C. 1943), a directed verdict for the parents was affirmed where neither "boy had previously played with a football on the public streets or had conducted himself in other than an orderly manner," id. at 258 (emphasis added). [7] Florida's courts have been quite creative in circumventing the harsh rule in Gissen , one court even going so far as to label a baby stroller a dangerous instrumentality. 1984In Bateman v. Crim, 34 A.2d 257 (D.C. 1943), a directed verdict for the parents was affirmed where neither "boy had previously played with a football on the public streets or had conducted himself in other than an orderly manner," id. at 258 (emphasis added). [7] Florida's courts have been quite creative in circumventing the harsh rule in Gissen , one court even going so far as to label a baby stroller a dangerous instrumentality.	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
City of Miami v. Brooks green fla · 1954 2 sentences 1984To hold otherwise, under circumstances of this kind, would indeed be a harsh rule and prevent relief to an injured party who was without notice during the statutory period of any negligent act which might cause injury. 70 So.2d at 308-9 . 1969To hold otherwise, under circumstances of this kind, would indeed be a harsh rule and prevent relief to an injured party who was without notice during the statutory period of any negligent act that might cause injury." (City of Miami v. Brooks, supra, 70 So.2d at 309 .) From the standpoint of legal principles, the holdings in the cases above discussed appear to crystallize in favor of application of the blameless ignorance doctrine in those instances where the injured plaintiff was unaware or had no reason to know that an invasion of his legal rights has occurred.	3	1969–1984
In Re Estate of Greenberg green fla · 1980 2 sentences 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla. 1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981). 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981).	2	1983–1983
Doe v. Bolton red scotus · 1973 2 sentences 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981). 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981).	2	1983–1983
Gornick v. Illinois green scotus · 1981 2 sentences 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla. 1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981). 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981).	2	1983–1983
Garrison v. Illinois green scotus · 1981 2 sentences 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla. 1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981). 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981).	2	1983–1983
Syska v. Montgomery County Board of Education green scotus · 1981 2 sentences 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla. 1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981). 1983Doe v. Bolton, 410 U.S. 179 , 93 S.Ct. 739 , 35 L.Ed.2d 201 (1973); In re Estate of Greenberg, 390 So.2d 40 (Fla.1980), appeal dismissed sub nom., Pincus v. Estate of Greenberg, 450 U.S. 961 , 101 S.Ct. 1475 , 67 L.Ed.2d 610 (1981).	2	1983–1983
Esquire Care, Inc. v. Maguire green fladistctapp · 1988 1 sentence 2001See Stewart, 751 So.2d at 200 ; Koulisis, 730 So.2d at 293 ; City of Apopka, 701 So.2d at 644 ; Esquire Care, Inc., 532 So.2d at 740 .	1	2001–2001
City of Apopka v. All Corners, Inc. green fladistctapp · 1997 1 sentence 2001See Stewart, 751 So.2d at 200 ; Koulisis, 730 So.2d at 293 ; City of Apopka, 701 So.2d at 644 ; Esquire Care, Inc., 532 So.2d at 740 .	1	2001–2001
Koulisis v. Rivers green fladistctapp · 1999 1 sentence 2001See Stewart, 751 So.2d at 200 ; Koulisis, 730 So.2d at 293 ; City of Apopka, 701 So.2d at 644 ; Esquire Care, Inc., 532 So.2d at 740 .	1	2001–2001
Provident Life and Acc. Ins. v. Prichard Ex Rel. Midatlantic National Bank green fladistctapp · 1994 1 sentence 2000Co. v. Prichard, 636 So.2d 731 (Fla. 4th DCA 1993) (we addressed the harsh rule against post-judgment intervention when the post-judgment efforts of the plaintiff and defendant to delete an award threaten a third party’s interest).	1	2000–2000
Olsen v. State Farm Auto. Ins. Co. green fladistctapp · 1980 1 sentence 1980Olsen v. State Farm Automobile Insurance Co., 386 So.2d 600 (Fla. 5th DCA 1980).	1	1980–1980
Hartford Accident & Indemnity Co. v. Board of Education of District of Beaver Pond green ca4 · 1926 1 sentence 1957In a case decided by the Circuit Court of Appeals, Fourth Circuit, Hartford Accident & Indemnity Co. v. Board of Education, 15 F. 2d 317 , the court said— We quite agree with the proposition that the right of plaintiff to recover on the claims sued on is no greater than that of the laborers and materialmen whose claims were assigned; but we think that it is clear that these laborers and materialmen would have been entitled to recover if the action had been instituted by them prior to the assignment.	1	1957–1957
Seaboard Air Line Railroad v. Strickland green fla · 1955 1 sentence 1956Co. v. Strickland, Fla. 1955, 80 So.2d 914 ; and we think it must be held, under the authority of the Urie case, supra, as well as the decision of this court in the City of Miami case, supra, that no part of the plaintiff's claim was barred by the statute.	1	1956–1956
Hancock v. Dupree green fla · 1930 2 sentences 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 . 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 .	1	1938–1938
Frazier v. Frazier green fla · 1933 2 sentences 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 . 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 .	1	1938–1938
Witt v. Burford neutral fla · 1922 2 sentences 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 . 1938Witt, et al. v. 320 Burford., 84 Fla. 201 , 93 So. 186 ; Hancock v. Dupree, 100 Fla. 617 , 129 So. 822 ; Frazier v. Frazier, 109 Fla. 164 , 147 So. 464 .	1	1938–1938
Rosenhouse v. Holly neutral fla · 1930 2 sentences 1935One of the purposes of Sections' 10 and 11 of Chapter 14572, Acts of 1929, was to modify the previous harsh rule referred to in Rosenhouse v. Holly, 100 Fla. 1394 , 131 Sou. 1935One of the purposes of Sections' 10 and 11 of Chapter 14572, Acts of 1929, was to modify the previous harsh rule referred to in Rosenhouse v. Holly, 100 Fla. 1394 , 131 Sou.	1	1935–1935
Elliott v. Howison green · 1906 2 sentences 1920The true rule we think is clearly stated by the Supreme Court of Alabama in the case of Elliott v. Howison, 146 Ala. 568 , 40 South. 1920The true rule we think is clearly stated by the Supreme Court of Alabama in the case of Elliott v. Howison, 146 Ala. 568 , 40 South.	1	1920–1920

Statutes the citing opinions construe

FL § 95.11 (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 59 (1891–2026) TX 58 (1889–2018) NY 34 (1876–2025) PA 24 (1827–2018) IL 24 (1899–2020) MO 23 (1885–2016) FL 17 (1920–2010) GA 17 (1950–2012) KS 16 (1906–2022) IA 15 (1889–2018) OR 13 (1920–2025) OK 13 (1914–2001) LA 13 (1926–1994) WA 13 (1901–2009) CT 13 (1914–2010) WV 12 (1882–2003) MA 11 (1888–2018) NJ 10 (1950–2004) OH 10 (1914–2013) MI 10 (1926–1994) ID 9 (1966–2011) NC 9 (1911–2004) IN 9 (1890–2023) HI 9 (1923–2003) CO 9 (1930–2017) AL 8 (1895–1996) KY 8 (1917–2005) WI 8 (1900–2019) MN 7 (1947–1986) AR 7 (1978–2018) AZ 6 (1913–1979) TN 6 (1966–2005) SD 6 (1914–1996) MD 6 (1948–2014) ND 6 (1913–1991) VA 5 (1918–1998) SC 5 (1927–2001) WY 5 (1895–1988) VT 4 (1868–2014) MT 4 (1896–1947) RI 3 (1978–1999) NE 3 (1998–2019) AK 3 (1991–2019) DE 3 (1915–2021) NM 3 (1943–1995) VI 2 (1982–2014) NH 2 (1976–2018) DC 2 (1978–1980)

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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