abstract principle (Florida) · Go Syfert
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abstract principle in Florida

15 Florida opinions name it 2 courts 1848–2015 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)

CaseFollowedCited
Straight v. Stategreen
fla · 1981 · cited in 3 Florida opinions naming this issue, 1997–2011
2 sentences

2011It is well-established that evidence of flight may be probative of guilt, but courts must carefully consider the connection between the evidence and the charged crime or crimes prior to admitting it, as recently acknowledged by the supreme court in Twilegar v. State, 42 So.3d 177 (Fla.2010): “We agree, as an abstract rule of law, that evidence of flight, concealment, or resistance to lawful arrest after the fact of a crime is admissible as “being relevant to consciousness of guilt which may be inferred from such circumstances.” Straight v. State, 397 So.2d 903, 908 (Fla.1981).

2010The Court has addressed the admissibility of evidence of flight to prove consciousness of guilt: We agree, as an abstract rule of law, that evidence of flight, concealment, or resistance to lawful arrest after the fact of a crime is admissible as “being relevant to consciousness of guilt which may be inferred from such circumstances.” Straight v. State, 397 So.2d at 903, 908 (Fla.1981).

33
Lombardo v. Huysentruytgreen
calctapp · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012See Lombardo v. Huysentruyt, 91 Cal.App.4th 656 , 110 Cal.Rptr.2d 691, 701 (2001) (“As an abstract principle, it is always foreseeable that a trial court will err, as evidenced by the existence of appellate courts.”).

2012See Lombardo v. Huysentruyt, 91 Cal.App.4th 656 , 110 Cal.Rptr.2d 691, 701 (2001) (“As an abstract principle, it is always foreseeable that a trial court will err, as evidenced by the existence of appellate courts.”).

11
Hornsby v. Stategreen
fla · 1941 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Moreover, the case that the Macurda Court referred to and relied on when restating the abstract rule applicable in non-impact cases, Dunahoo v. Bess, 146 Fla. 182 , 200 So. 541 (1941), undoubtedly did not involve an impact as it involved a claim for damages resulting from the alleged careless embalming of the body of the plaintiff's deceased wife.

2007See id. at 542.

11
City of Miami Beach v. 8701 Collins Ave.green
fla · 1954 · cited in 1 Florida opinions naming this issue, 1975–1975
1 sentence

1975See, City of Miami Beach v. 8701 Collins Avenue, Fla. 1954, 77 So.2d 428 ; City of Miami Beach v. State ex rel Lear, 1937, 128 Fla. 750 , 175 So. 537 ; City of Chicago v. Sachs, 1953, 1 Ill.2d 342 , 115 N.E.2d 762 .

11
Medina v. McAllistergreen
fla · 1967 · cited in 1 Florida opinions naming this issue, 1970–1970
1 sentence

1970See Medina v. McAllister, Fla.1967, 202 So.2d 755 .

11
Central Truck Lines, Inc. v. Rogersgreen
fladistctapp · 1962 · cited in 1 Florida opinions naming this issue, 1962–1962
1 sentence

1962See Central Truck Lines, Inc., v. Rogers (Fla. App.1962), 140 So.2d 130 ; Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 183 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

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 (17)

CaseCitedYears
Engle v. Liggett Group, Inc. green
fla · 2006
2 sentences

2015Id. (emphasis added).

2014Id. (emphasis added).

22014–2015
Brown v. Fritch, Et Vir. neutral
fla · 1934
2 sentences

1962See Central Truck Lines, Inc., v. Rogers (Fla. App.1962), 140 So.2d 130 ; Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 183 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

1962Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 185 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

21962–1962
Prior v. Pounds neutral
fla · 1933
2 sentences

1962See Central Truck Lines, Inc., v. Rogers (Fla. App.1962), 140 So.2d 130 ; Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 183 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

1962Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 185 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

21962–1962
Bessett v. Hackett green
fla · 1953
2 sentences

1962See Central Truck Lines, Inc., v. Rogers (Fla. App.1962), 140 So.2d 130 ; Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 183 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

1962Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 185 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

21962–1962
Baldwin v. State green
fla · 1903
2 sentences

1962See Central Truck Lines, Inc., v. Rogers (Fla. App.1962), 140 So.2d 130 ; Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 183 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

1962Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 185 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

21962–1962
Twilegar v. State green
fla · 2010
1 sentence

2011It is well-established that evidence of flight may be probative of guilt, but courts must carefully consider the connection between the evidence and the charged crime or crimes prior to admitting it, as recently acknowledged by the supreme court in Twilegar v. State, 42 So.3d 177 (Fla.2010): “We agree, as an abstract rule of law, that evidence of flight, concealment, or resistance to lawful arrest after the fact of a crime is admissible as “being relevant to consciousness of guilt which may be inferred from such circumstances.” Straight v. State, 397 So.2d 903, 908 (Fla.1981).

12011–2011
Dunahoo v. Bess green
fla · 1941
1 sentence

2007Moreover, the case that the Macurda Court referred to and relied on when restating the abstract rule applicable in non-impact cases, Dunahoo v. Bess, 146 Fla. 182 , 200 So. 541 (1941), undoubtedly did not involve an impact as it involved a claim for damages resulting from the alleged careless embalming of the body of the plaintiff's deceased wife.

12007–2007
Borges v. State green
fla · 1982
1 sentence

1983The abstract principle of law applied in Borges v. State, 415 So.2d 1265 (Fla. 1982), is: If two statutory offenses do not have the exact same essential constituent elements and neither statutory offense includes all of the elements of the other, those two offenses are not constitutionally "the same offense" and a person can be put in jeopardy as to both of such offenses even if the two offenses are based on one and the same factual event. [2] The principle in Bell v. State, 437 So.2d 1057 (Fla. 1983), is actually the converse of the principle in Borges and is: If two statutory offenses have t

11983–1983
Bell v. State green
fla · 1983
1 sentence

1983The abstract principle of law applied in Borges v. State, 415 So.2d 1265 (Fla. 1982), is: If two statutory offenses do not have the exact same essential constituent elements and neither statutory offense includes all of the elements of the other, those two offenses are not constitutionally "the same offense" and a person can be put in jeopardy as to both of such offenses even if the two offenses are based on one and the same factual event. [2] The principle in Bell v. State, 437 So.2d 1057 (Fla. 1983), is actually the converse of the principle in Borges and is: If two statutory offenses have t

11983–1983
City of Miami Beach v. State Ex Rel. Lear green
fla · 1937
2 sentences

1975See, City of Miami Beach v. 8701 Collins Avenue, Fla. 1954, 77 So.2d 428 ; City of Miami Beach v. State ex rel Lear, 1937, 128 Fla. 750 , 175 So. 537 ; City of Chicago v. Sachs, 1953, 1 Ill.2d 342 , 115 N.E.2d 762 .

1975See, City of Miami Beach v. 8701 Collins Avenue, Fla. 1954, 77 So.2d 428 ; City of Miami Beach v. State ex rel Lear, 1937, 128 Fla. 750 , 175 So. 537 ; City of Chicago v. Sachs, 1953, 1 Ill.2d 342 , 115 N.E.2d 762 .

11975–1975
City of Chicago v. Sachs green
ill · 1953
2 sentences

1975See, City of Miami Beach v. 8701 Collins Avenue, Fla. 1954, 77 So.2d 428 ; City of Miami Beach v. State ex rel Lear, 1937, 128 Fla. 750 , 175 So. 537 ; City of Chicago v. Sachs, 1953, 1 Ill.2d 342 , 115 N.E.2d 762 .

1975See, City of Miami Beach v. 8701 Collins Avenue, Fla. 1954, 77 So.2d 428 ; City of Miami Beach v. State ex rel Lear, 1937, 128 Fla. 750 , 175 So. 537 ; City of Chicago v. Sachs, 1953, 1 Ill.2d 342 , 115 N.E.2d 762 .

11975–1975
Employers Casualty Company v. Vargas green
fladistctapp · 1964
1 sentence

1964In Employers Casualty Company v. Vargas, Fla.App. 1964, 159 So.2d 875 , the insured failed to notify the insurer of an accident for a period of 45 days.

11964–1964
Morton v. Indemnity Insurance Co. of North America green
fladistctapp · 1962
1 sentence

1964We again applied this abstract principle in Morton v. Indemnity Insurance Co. of North America, Fla.App. 1962, 137 So.2d 618 , a case involving an owners', landlords', and tenants' liability insurance policy with both the "notice of accident" clause and the "notice of claim or suit" clause.

11964–1964
Green v. Atlantic Co. green
fla · 1952
1 sentence

1962Bessett v. Hackett (Fla.), 66 So.2d 694 ; Green v. Atlantic Co. (Fla.), 61 So.2d 185 ; Prior v. Pounds, 113 Fla. 308 , 151 So. 890 ; Baldwin v. State, 46 Fla. 115 , 35 So. 220 .

11962–1962
The People v. . Sturtevant green
· 1853
1 sentence

1926It precedes those questions, and a decision upholding the jurisdiction of the court is entirely consistent with a denial of any equity in the plaintiff, or in any one else.’ People v. Sturtevant, 9 N. Y. 263 .” People ex rel.

11926–1926
Prescott v. Trueman green
mass · 1808
1 sentence

1848Montgomery and others, 4 Dall. 233 , the Court said: “ The plainest dictates of natural justice must prescribe to every tribunal the law, that ‘no man shall be condemned unheard.’ It is not merely an abstract rule, or positive right, but it is the result of long experience, and of a wise attention to the feelings and disposition of human nature.” And in the case of the Commonwealth vs. the inhabitants of Cambridge, 4 Mass., 627 , it was held to be “ an essential principle of natural justice that every man have an opportunity to bo heard in a Court of law upon every question involving his right

11848–1848
Commissioners of Highways v. Claw neutral
nysupct · 1818
1 sentence

1848Clow and others, 15 John. 537 to 539, the judgment of the Court of Common Pleas was reversed because the decision of the Commissioners had been reversed on an “ ex parle" hearing without notice to them, although by the statute under which the proceedings took place no notice was by its terms required to be given.

11848–1848

Statutes the citing opinions construe

FL § 90.403 (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

TX 167 (1867–2026) GA 143 (1900–2025) CA 45 (1903–2026) MS 35 (1957–2024) MO 32 (1882–2018) OH 29 (1952–2023) OR 27 (1905–2014) AL 27 (1846–2016) NC 26 (1889–2025) IL 24 (1886–2019) WV 21 (1924–2024) AR 20 (1898–2016) CO 18 (1904–2016) MD 17 (1932–2022) FL 15 (1848–2015) NY 14 (1881–2025) AZ 12 (1922–2020) WA 12 (1904–2026) KS 10 (1909–1993) KY 10 (1922–2013) IA 10 (1941–2021) IN 10 (1886–1984) PA 9 (1917–2025) NJ 8 (1952–2026) CT 7 (1934–2011) MA 7 (1928–2019) MI 6 (1920–2026) NM 5 (2009–2020) OK 5 (1925–1970) DE 5 (1968–2008) VA 5 (1900–2010) MT 4 (1920–1936) TN 4 (1947–2003) RI 3 (1980–2023) MN 3 (1908–2007) DC 3 (2011–2018) UT 3 (1982–2007) NV 3 (2018–2018) WY 3 (1924–2023) LA 3 (1850–2000) SD 2 (1909–2025) ME 2 (1935–1969) NE 2 (1920–1921)

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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