17 Florida opinions name it 3 courts 1952–2017 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.
| Case | Followed | Cited |
|---|---|---|
Gries Inv. Co. v. Cheltongreen1 sentence2017Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla. 3d DCA 1980). 6 Owner’s counsel properly conceded at oral argument, this is precisely the effect of the trial court’s order. | 1 | 1 |
Pennsylvania Coal Co. v. Mahongreen2 sentences2016Relying, in part, on Justice Holmes’s “oft-cited maxim” in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415 (1922), that “[t]he general rule at least is that while property may be regulated 5 See supra note 3. 12 to a certain extent, if regulation goes too far it will be recognized as a taking,” the Supreme Court formulated a new categorical rule: “when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking.” Lucas, 505 U.S. at 1019 . 2016Relying, in part, on Justice Holmes’s “oft-cited maxim” in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415 , 43 S.Ct. 158 , 67 L.Ed. 322 (1922), that “[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking,” the Supreme Court formulated a new categorical rule: “when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking.” Lucas, 505 U.S. at 1019 , 112 S.C | 1 | 1 |
City of Fort Lauderdale v. Casino Realty, Inc.green1 sentence1993See City of Fort Lauderdale v. Casino Realty, Inc., 313 So.2d 649, 652 (Fla. 1975) (Overton, J., concurring). | 1 | 1 |
Downing v. Birdgreen1 sentence1992Downing v. Bird, 100 So.2d 57, 64 (Fla.1958); Gay Bros. | 1 | 1 |
BOARD OF TRUSTEES, ETC. v. Medeira Beach Nom., Inc.green1 sentence1987See, e.g., Board of Trustees of the Internal Improvement Trust Fund v. Medeira Beach Nominee, Inc., 272 So.2d at 212 . [8] This same reasoning provides the underpinning for the rule of Martin v. Busch . | 1 | 1 |
One Lot Emerald Cut Stones and One Ring v. United Statesgreen2 sentences1984See also, One Lot Emerald Cut Stones v. United States, 409 U.S. 232 , 93 S.Ct. 489 , 34 L.Ed.2d 438 (1972) (lack of criminal intent no defense to federal forfeiture); United States v. Twenty-Eight "Mighty Payloader" Coin-Operated Gaming Devices, 623 F.2d 510, 516 (8th Cir.1980) ("The innocence of the owner is not a defense to forfeiture, since the proceeding is in rem against the article to be forfeited"). 1984See also, One Lot Emerald Cut Stones v. United States, 409 U.S. 232 , 93 S.Ct. 489 , 34 L.Ed.2d 438 (1972) (lack of criminal intent no defense to federal forfeiture); United States v. Twenty-Eight "Mighty Payloader" Coin-Operated Gaming Devices, 623 F.2d 510, 516 (8th Cir.1980) ("The innocence of the owner is not a defense to forfeiture, since the proceeding is in rem against the article to be forfeited"). | 1 | 1 |
United States v. Twenty-Eight \Mighty Payloader\" Coin-Operated Gaming Devices"green1 sentence1984See also, One Lot Emerald Cut Stones v. United States, 409 U.S. 232 , 93 S.Ct. 489 , 34 L.Ed.2d 438 (1972) (lack of criminal intent no defense to federal forfeiture); United States v. Twenty-Eight "Mighty Payloader" Coin-Operated Gaming Devices, 623 F.2d 510, 516 (8th Cir.1980) ("The innocence of the owner is not a defense to forfeiture, since the proceeding is in rem against the article to be forfeited"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Prosperi v. Code, Inc.
green
2 sentences2009Prosperi, 626 So.2d at 1361 . 2008Id. [7] The district court also certified the following question: Is an owner who prevails on a complaint by a contractor or sub-contractor to enforce a mechanic's lien under Part I, Chapter 713, Florida Statutes (1989), entitled to attorney's fees under 713.29, even though, in the same suit, the contractor prevailed against the owner on a claim for money damages for breach of the contract, both claims arising out of the same transaction? | 2 | 2008–2009 |
Lucas v. South Carolina Coastal Council
green
2 sentences2016As in this case, the owner did not challenge the validity of the Act as a lawful exercise of the state’s police power, “but contended that the Act’s complete extinguishment of his property’s value entitled him to compensation.” Id. at 1009 . 2016As in this case, the owner did not challenge the validity of the Act as a lawful exercise of the state’s police power, “but contended that the Act’s complete extinguishment of his property’s value entitled him to compensation.” Id. at 1009 , 112 S.Ct. 2886 . | 1 | 2016–2016 |
Department of Transp. v. Burnette
green
1 sentence2000Department of Transp. v. Burnette, 384 So.2d 916 (Fla. 1st DCA 1980) (affirming in part and reversing in part, and holding that where the land in question was permanently taken by flooding, if at all, some years before the owner-claimant assembled it, the owner had no claim in inverse condemnation without assignments of his predecessors’ claims; the state was properly enjoined from continuing its tortious conduct of diverting natural drainage onto the owner’s property; and the department acquired no prescriptive right to continue using any part of the owner’s property as a terminus for a revis | 1 | 2000–2000 |
Rabon v. Inn of Lake City, Inc.
green
1 sentence1997Id. at 1131 . | 1 | 1997–1997 |
Broward Atlantic Plumbing Co. v. RLP, INC.
green
1 sentence1990Broward Atlantic Plumbing Co., 402 So.2d at 466 . | 1 | 1990–1990 |
Stewart v. Boho, Inc.
green
1 sentence1989Id. at 96 . | 1 | 1989–1989 |
Peoples v. State
green
1 sentence1986In Peoples v. State, 287 So.2d 63 (Fla.1973), the supreme court found the “at his home” exception in section 790.25(3)(n) applicable where the defendant was carrying a weapon near a bench in front of a store where the defendant worked and lived. | 1 | 1986–1986 |
Tamiami Gun Shop v. Klein
green
1 sentence1981The supreme court, analogizing to Tamiami Gun Shop v. Klein, 116 So.2d 421 (Fla. 1959), held the owner of the bar responsible for Davis' death. | 1 | 1981–1981 |
Davis v. Shiappacossee
green
1 sentence1981The court said the purpose of this statute was "to preclude the harm that can come to one of immaturity by imbibing such liquors" and reasoned that when delivering alcoholic beverages to immature boys seated in a motor vehicle it should have been foreseeable (should have been regarded as "probable") "that trouble for someone was in the offing." 155 So.2d at 367 . | 1 | 1981–1981 |
First Federal Savings & Loan Ass'n v. Wylie
green
1 sentence1969(First Federal Savings & Loan Association v. Wylie, 46 So.2d 396 ). | 1 | 1969–1969 |
Anderson v. Southern Cotton Oil Co.
green
1 sentence1969In view of the dangers incident to the operation of automobiles, and of the duties and obligations of the owners of motor vehicles under the statutes of the state, it could not be said that on the facts of this case no question was made for the jury to decide.' Anderson v. Southern Cotton Oil Co., 73 Fla. 432 , 74 So. 975 , L.R.A. 1917E, 715 ." * * * * * * "In intrusting the servant with this highly dangerous agency, the master put it in the servant's power to mismanage it, and as long as it was in his custody or control the master was liable for any injury which might be committed through his | 1 | 1969–1969 |
Albritton v. Scott
green
1 sentence1969In view of the dangers incident to the operation of automobiles, and of the duties and obligations of the owners of motor vehicles under the statutes of the state, it could not be said that on the facts of this case no question was made for the jury to decide.' Anderson v. Southern Cotton Oil Co., 73 Fla. 432 , 74 So. 975 , L.R.A. 1917E, 715 ." * * * * * * "In intrusting the servant with this highly dangerous agency, the master put it in the servant's power to mismanage it, and as long as it was in his custody or control the master was liable for any injury which might be committed through his | 1 | 1969–1969 |
Amos v. Mathews
green
2 sentences1952West v. Butler, 70 Fla. 102 , 69 So. 771 , 777, and Amos v. Mathews, 99 Fla. 1 , 126 So. 308 . 1952West v. Butler, 70 Fla. 102 , 69 So. 771 , 777, and Amos v. Mathews, 99 Fla. 1 , 126 So. 308 . | 1 | 1952–1952 |
State ex rel. West v. Butler
green
1 sentence1952West v. Butler, 70 Fla. 102 , 69 So. 771 , 777, and Amos v. Mathews, 99 Fla. 1 , 126 So. 308 . | 1 | 1952–1952 |
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.
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.