enactment rule (Florida) · Go Syfert
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enactment rule in Florida

16 Florida opinions name it 4 courts 1980–2017 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.

Followed or applied (11)

CaseFollowedCited
State v. Robargegreen
fla · 1984 · cited in 2 Florida opinions naming this issue, 2012–2017
2 sentences

2017See State v. Robarge, 450 So. 2d 855 , 856- 57 (Fla. 1984) (holding that under rules of statutory construction, an exception contained in a clause subsequent to the enactment clause of a statute is an affirmative defense rather than an element of the offense). - 10 - I.

2017See State v. Robarge, 450 So.2d 855, 856-57 (Fla. 1984) (holding that under rules of statutory construction, an exception contained in a clause subsequent to the enactment clause of a statute is an affirmative defense rather than an element of the offense). .

22
Carter v. Lake Countygreen
fladistctapp · 2003 · cited in 2 Florida opinions naming this issue, 2006–2008
2 sentences

2008Id.

2006See Stockman v. Downs, 573 So.2d 835, 838 (Fla.1991); see also Carter v. Lake County, 840 So.2d 1153, 1156 (Fla. 5th DCA 2003).

12
Grapeland Heights Civic Ass'n v. City of Miamigreen
fla · 1972 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Grapeland Heights Civic Ass’n v. City of Miami, 267 So.2d 321, 324 (Fla.1972) (considering the enactment clause language of article III, section 6, of the Florida Constitution and interpreting the constitutional term “law” in the phrase “authorized by law” to mean an enactment by the legislature not by a city commission or any other political body).

11
Hodge v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See also State v. Robarge, 450 So.2d 855 (Fla.1984) (holding that under rules of statutory construction, if an exception is contained in a clause subsequent to the enactment clause of a statute, the exception is an affirmative defense rather than an element of the offense); accord Hodge v. State, 866 So.2d 1270 (Fla. 4th DCA 2004).

11
State Ex Rel. Scaldeferri v. Sandstromgreen
fla · 1973 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011“The rule in this State is that denial of application for habeas corpus precludes a subsequent application for ha-beas corpus in the same cause on the same facts and issues.” Moat v. Mayo, 82 So.2d 591 (Fla.1955); § 79.10, Fla. Stat. (1951); see also Scaldeferri, 285 So.2d at 411 ; D'Alessandro v. Tippins, 102 Fla. 10 , 137 So. 231 (1931).

11
Brooks v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Brooks v. State, 930 So.2d 835, 836 (Fla. 4th DCA 2006) (receding from its own precedent based on this Court's dicta in Anderson ).

11
Amendments to the Florida Family Law Rules of Procedure (Rule 12.525)green
fla · 2005 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007(Rule 12.525), 897 So.2d 467, 467 (Fla.2005).

11
Stockman v. Downsgreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Stockman v. Downs, 573 So.2d 835, 838 (Fla.1991); see also Carter v. Lake County, 840 So.2d 1153, 1156 (Fla. 5th DCA 2003).

11
Davis v. State, Dept. of Correctionsgreen
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 1985–1985
1 sentence

1985As discussed elsewhere in this opinion, liability predicated upon these theories is unavailing in view of the sovereign immunity defense shielding the Department from liability in 1959 and thereafter until the enactment of the waiver statute in 1974, and because of the limiting effect of Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979), and its progeny, on the state's post-waiver statute liability under the "planning-operational" dichotomy. [10] As to the effect of contract provisions between the Department and its independent contractor, see cases cited, footnote 1,

11
Commercial Carrier Corp. v. Indian River Cty.green
fla · 1979 · cited in 1 Florida opinions naming this issue, 1985–1985
2 sentences

1985As discussed elsewhere in this opinion, liability predicated upon these theories is unavailing in view of the sovereign immunity defense shielding the Department from liability in 1959 and thereafter until the enactment of the waiver statute in 1974, and because of the limiting effect of Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979), and its progeny, on the state's post-waiver statute liability under the "planning-operational" dichotomy. [10] As to the effect of contract provisions between the Department and its independent contractor, see cases cited, footnote 1,

1985The strict construction placed upon section 768.30 by the majority is, moreover, at variance with the provisions of 768.28(5), subjecting the state to liability "in the same manner and the same extent as a private individual under like circumstances ..."; a provision, which, as acknowledged by the supreme court in Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010, 1022 (Fla. 1979), "evinces the intent of our legislature to waive sovereign immunity on a broad basis...." While not specifically addressing a situation in which the negligent act of the defendant occurred before

11
Davis v. Watsongreen
fladistctapp · 1975 · cited in 1 Florida opinions naming this issue, 1980–1980
1 sentence

1980See, e.g., Davis v. Watson, 318 So.2d 169 (Fla. 4th DCA 1975), cert. denied, 330 So.2d 16 (Fla. 1976).

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 (13)

CaseCitedYears
D'Alessandro v. Tippins, Sheriff neutral
fla · 1931
2 sentences

2011“The rule in this State is that denial of application for habeas corpus precludes a subsequent application for ha-beas corpus in the same cause on the same facts and issues.” Moat v. Mayo, 82 So.2d 591 (Fla.1955); § 79.10, Fla. Stat. (1951); see also Scaldeferri, 285 So.2d at 411 ; D'Alessandro v. Tippins, 102 Fla. 10 , 137 So. 231 (1931).

2011“The rule in this State is that denial of application for habeas corpus precludes a subsequent application for ha-beas corpus in the same cause on the same facts and issues.” Moat v. Mayo, 82 So.2d 591 (Fla.1955); § 79.10, Fla. Stat. (1951); see also Scaldeferri, 285 So.2d at 411 ; D'Alessandro v. Tippins, 102 Fla. 10 , 137 So. 231 (1931).

12011–2011
Moat v. Mayo green
fla · 1955
1 sentence

2011“The rule in this State is that denial of application for habeas corpus precludes a subsequent application for ha-beas corpus in the same cause on the same facts and issues.” Moat v. Mayo, 82 So.2d 591 (Fla.1955); § 79.10, Fla. Stat. (1951); see also Scaldeferri, 285 So.2d at 411 ; D'Alessandro v. Tippins, 102 Fla. 10 , 137 So. 231 (1931).

12011–2011
Ex-parte Bowen green
fla · 1889
1 sentence

2011Ex parte Bowen, 25 Fla. 214, 6 So. 65 (1889) (explaining that a writ of habeas corpus cannot be used to raise mere irregularities or procedural errors, which can be raised in a direct appeal, and concluding the writ properly issues only where the error renders the judgment or order causing detention void).

12011–2011
Saia Motor Freight Line, Inc. v. Reid green
fla · 2006
2 sentences

2009We answered this question in Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598 (Fla.2006).

2009We answered this question in Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598 (Fla.2006).

12009–2009
Harry E. Prettyman, Inc. v. Florida Real Estate Commission green
fla · 1926
2 sentences

1998Branham, 92 Fla. 515 , 109 So. 442 (1926), where the statute governing the licenses provides a method of revocation, that method must be followed.

1998Branham, 92 Fla. 515 , 109 So. 442 (1926), where the statute governing the licenses provides a method of revocation, that method must be followed.

11998–1998
Towns v. City of Tallahassee green
fla · 1867
1 sentence

1998Finally, the Commission’s enactment of rule 61J2-3.009(5)(f) itself shows that the approval of the course is “an authorization required by law.” In all these respects, the Commission has treated course approvals as governmental authorizations within the meaning of “license.” Although generally speaking, a license may be revoked without violating any vested rights of the licensee, Towns v. City of Tallahassee, 11 Fla. 130 (1866); Prettyman v. Florida Real Estate Comm’n ex rel.

11998–1998
Westinghouse Electric Corp. v. Dale neutral
fladistctapp · 1983
1 sentence

1987The applicable statute of limitations, section 440.19(2)(b), Florida Statutes (1981), provided that: ... all rights for remedial attention under this section pursuant to the terms of an award shall be barred unless a further claim therefor is filed with the Division within two years after the entry of such award, except that, if payment of compensation has been made or remedial attention has been furnished by the employer under the terms of the award, a further claim may be filed within two years after the date of the last payment of compensation or within two years after the date of the last

11987–1987
Silver Plumbing v. Gervin neutral
fladistctapp · 1983
1 sentence

1987That opinion, however, related to an order based on a 1983 hearing on new benefits, at which claimant orally sought re-adjudication of liability for the 1976 medical costs in question which “at that time had not been, nor have they yet been, according to the record, submitted ... for payment or reimbursement.” 439 So.2d 990 .

11987–1987
United States Railroad Retirement Board v. Fritz green
scotus · 1981
1 sentence

1985U.S. Railroad Retirement Board v. Fritz, 449 U.S. 166 , 10 S.Ct. 453 (1980); School Board of Escambia County v. State, 353 So.2d 834 (Fla. 1977).

11985–1985
CIRCUIT COURT, ETC. v. Dept. of Nat. Resources green
fla · 1976
1 sentence

1985The strict construction placed upon section 768.30 by the majority is, moreover, at variance with the provisions of 768.28(5), subjecting the state to liability "in the same manner and the same extent as a private individual under like circumstances ..."; a provision, which, as acknowledged by the supreme court in Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010, 1022 (Fla. 1979), "evinces the intent of our legislature to waive sovereign immunity on a broad basis...." While not specifically addressing a situation in which the negligent act of the defendant occurred before

11985–1985
State ex rel. Greenberg v. Florida State Board of Dentistry green
fladistctapp · 1974
1 sentence

1985Greenberg v. Florida State Board of Dentistry, supra. Thus, the powers of administrative agencies must affirmatively appear from the enactment under which they claim to act.

11985–1985
School Board of Escambia County v. State green
fla · 1977
1 sentence

1985U.S. Railroad Retirement Board v. Fritz, 449 U.S. 166 , 10 S.Ct. 453 (1980); School Board of Escambia County v. State, 353 So.2d 834 (Fla. 1977).

11985–1985
Shingleton v. Bussey yellow
fla · 1969
2 sentences

1983This Court, in Shingleton v. Bussey, 223 So.2d 713 (Fla.1969), established the principle that a plaintiff, as a third-party beneficiary of a motor vehicle liability policy, had a direct cause of action against the insurer and could join the insurer as a party defendant along with the insured. 2 Shingleton also stated that it is better to have “all the cards ... on the table,” Id. at 720 , because the stage has now been reached where juries are more mature.

1983This Court, in Shingleton v. Bussey, 223 So.2d 713 (Fla.1969), established the principle that a plaintiff, as a third-party beneficiary of a motor vehicle liability policy, had a direct cause of action against the insurer and could join the insurer as a party defendant along with the insured. 2 Shingleton also stated that it is better to have “all the cards ... on the table,” Id. at 720 , because the stage has now been reached where juries are more mature.

11983–1983

Where else courts name it

CA 17 (1947–2023) FL 16 (1980–2017) TX 15 (1938–2015) NY 11 (1907–2015) NM 9 (1949–2024) IA 8 (1973–2015) WA 8 (1945–2020) OH 7 (1937–2017) OR 7 (1921–2024) PA 7 (1970–2026) VA 6 (1996–2024) LA 6 (1974–2025) RI 6 (1964–1985) HI 5 (1994–2018) MO 5 (1915–2006) NJ 4 (1956–2008) IN 3 (1891–1982) UT 3 (1988–2025) AR 3 (1990–1996) CO 3 (1947–2000) NV 3 (1941–2015) MI 2 (2004–2007) WY 2 (1993–2006) IL 2 (1902–1977) AZ 2 (2010–2018) OK 2 (1968–1977) GA 2 (1977–1988) SD 2 (1915–2015) KS 2 (2008–2008) CT 2 (2010–2016)

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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