16 Florida opinions name it 2 courts 1939–2021 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.
| Case | Followed | Cited |
|---|---|---|
Strazzulla v. Hendrickgreen2 sentences2021Co. v. Comprehensive Health Ctr., 173 So. 3d 1061, 1065 (Fla. 3d DCA 2015) (stating that a trial court is not bound by the law of the case where there has been “an intervening decision by a higher court contrary to the decision reached on the former appeal, the correction of the error making unnecessary an appeal to the higher court” (quoting Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965))). 2015See Brunner, 452 So.2d at 553 ; accord Strazzulla, 177 So.2d at 4 (“Another clear example of a case in which an exception to the general rule should be made results from an intervening decision by a higher court contrary to the decision reached on the former appeal, the correction of the error making unnecessary an appeal to the higher court.”). | 3 | 4 |
Rogers v. Stategreen2 sentences2003Servs., Inc., 744 So.2d 1038, 1039 (Fla. 4th DCA 1999)(this rule allows correction of a mistake of fact, but not a mistake of law or tactics; judicial error such as a mistaken view of the law is not subject to a correction under this rule.). 2003Servs., Inc., 744 So.2d 1038, 1039 (Fla. 4th DCA 1999)(this rule allows correction of a mistake of fact, but not a mistake of law or tactics; judicial error such as a mistaken view of the law is not subject to a correction under this rule.). | 2 | 2 |
United Automobile Insurance Co. v. Comprehensive Health Centergreen1 sentence2021Co. v. Comprehensive Health Ctr., 173 So. 3d 1061, 1065 (Fla. 3d DCA 2015) (stating that a trial court is not bound by the law of the case where there has been “an intervening decision by a higher court contrary to the decision reached on the former appeal, the correction of the error making unnecessary an appeal to the higher court” (quoting Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965))). | 1 | 1 |
Trotter v. Stategreen1 sentence2019Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965); see also Trotter v. State, 690 So. 2d 1234, 1237 (Fla. 1996) ("An intervening act of the legislature refining a portion of Florida's death penalty statute may be sufficiently exceptional to warrant modification of -2- the law of the case."); Morales v. State, 580 So. 2d 788, 788 (Fla. 3d DCA 1991) (denying defendant's motion to enforce mandate because the prior opinion had been superseded by intervening supreme court decisions). | 1 | 1 |
Brunner Enterprises v. Dept. of Revenuegreen1 sentence2015See Brunner, 452 So.2d at 553 ; accord Strazzulla, 177 So.2d at 4 (“Another clear example of a case in which an exception to the general rule should be made results from an intervening decision by a higher court contrary to the decision reached on the former appeal, the correction of the error making unnecessary an appeal to the higher court.”). | 1 | 1 |
Luhrs v. Stategreen1 sentence2012“The correction of an error or omission properly falls within this category of procedural matters.” Luhrs v. State, 394 So.2d 137, 139 (Fla. 5th DCA 1981). | 1 | 1 |
Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800green1 sentence2003The Court Commentary to the amendment creating this provision states that the State may file a rule 3.800(b)(2) motion "only if the correction of the error will benefit the defendant or correct a scrivener's error." Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800, 761 So.2d 1015, 1023 (Fla.2000) (emphasis added). | 1 | 1 |
State v. Dilworthgreen1 sentence1991See State v. Dilworth, 397 So.2d 292, 294 (Fla. 1981) (information is legally sufficient "if it expresses the elements of the offense charged in such a way that the accused is neither misled or embarrassed in the preparation of his defense, nor exposed to double jeopardy"). | 1 | 1 |
Reamer's Estategreen2 sentences1965See In re Reamer's Estate, 1938, 331 Pa. 117 , 200 A. 35 , 119 A.L.R. 589 ; Louisville & N.R. 1965See In re Reamer's Estate, 1938, 331 Pa. 117 , 200 A. 35 , 119 A.L.R. 589 ; Louisville & N.R. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Morales v. Statered1 sentence2019Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965); see also Trotter v. State, 690 So. 2d 1234, 1237 (Fla. 1996) ("An intervening act of the legislature refining a portion of Florida's death penalty statute may be sufficiently exceptional to warrant modification of -2- the law of the case."); Morales v. State, 580 So. 2d 788, 788 (Fla. 3d DCA 1991) (denying defendant's motion to enforce mandate because the prior opinion had been superseded by intervening supreme court decisions). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
FLORIDA PAROLE AND PROBATION COM'N v. Paige
green
1 sentence1989Sections 947.16(5), 947.173(3), Florida Statutes (1987); cf. Florida Parole and Probation Commission v. Paige, 462 So.2d 817 (Fla.1985); Sheley v. Florida Parole and Probation Commission, 496 So.2d 854 (Fla. 1st DCA 1986), rev. denied, 506 So.2d 1043 (Fla.1987). | 1 | 1989–1989 |
Brown v. State
green
1 sentence1989This is comparable to the task envisioned by this court in Brown v. State, 535 So.2d 332 (Fla. 1st DCA 1988), in which a decision prohibiting ex post facto application of new sentencing guidelines was applied retroactively. | 1 | 1989–1989 |
Sheley v. Florida Parole & Probation Commission
green
1 sentence1989Sections 947.16(5), 947.173(3), Florida Statutes (1987); cf. Florida Parole and Probation Commission v. Paige, 462 So.2d 817 (Fla.1985); Sheley v. Florida Parole and Probation Commission, 496 So.2d 854 (Fla. 1st DCA 1986), rev. denied, 506 So.2d 1043 (Fla.1987). | 1 | 1989–1989 |
Love v. Allis-Chalmers Corp.
green
1 sentence1989This court has also applied the more liberal correction standard of Rule 1.370(b) in Love v. Allis Chalmers Corporation, 362 So.2d 1037 (Fla. 4th DCA 1978), granting relief under Rule 1.370(b) where no answer was timely filed to a request for admission but the record was replete with evidence contradicting the technical admission. | 1 | 1989–1989 |
Kippy Corporation v. Colburn
green
1 sentence1986The rules which provide for the correction of error are designed to strike a balance between two competing goals: "[F]irst, that justice be as exact and as free from error as human fallibility of judgment permits; and, second, that litigation be finally terminated as quickly as due process and necessary reflection allows." Kippy Corp., 177 So.2d at 196 . | 1 | 1986–1986 |
Patsy v. Board of Regents of Fla.
green
1 sentence1983If one's vision of the court is that of a court of final appeal rendering dispositive law on core issues presented by the case which either forecloses or controls potential future disputes, the remand has numerous flaws: (1) Although the hearing officer correctly recognized her lack of authority to deal with constitutional issues, the order consists in large part of an analysis of the constitutional issues presented and a conclusion that "[t]he state's interest in interpreting the statute so as to require the exclusive use of the paternal surname in order to preserve the goals of custom and ad | 1 | 1983–1983 |
Richmond v. Richmond
green
1 sentence1939Richmond v. Richmond, 62 W. | 1 | 1939–1939 |
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.