exception rather rule (Florida) · Go Syfert
← Florida issues

exception rather rule in Florida

15 Florida opinions name it 2 courts 1982–2025 3 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
Scipio v. Stategreen
fla · 2006 · cited in 2 Florida opinions naming this issue, 2012–2023
2 sentences

2023Thus, the State has failed to show that there is harmless error and demonstrate that this case is “the exception rather than the rule.” See Id. at 1147–48 (finding that “the vast majority of cases” will not have a record sufficient “to support a finding of harmless error” (quoting Schopp, 653 So. 2d at 1021 )).

2012See Scipio, 928 So.2d at 1148-50 (acknowledging that a finding that a discovery violation is harmless should be “the exception rather than the rule”).

12
Charles Dowd Box Co. v. Courtneygreen
scotus · 1962 · cited in 2 Florida opinions naming this issue, 1985–1990
2 sentences

1990Ordinarily there is concurrent jurisdiction, for "exclusive federal court jurisdiction over cases arising under federal law has been the exception rather than the rule." Charles Dowd Box Co. v. Courtney, 368 U.S. 502, 507-08 , 82 S.Ct. 519, 523 , 7 L.Ed.2d 483, 487 (1962) (footnote omitted); see also id. n. 4.

1990Ordinarily there is concurrent jurisdiction, for "exclusive federal court jurisdiction over cases arising under federal law has been the exception rather than the rule." Charles Dowd Box Co. v. Courtney, 368 U.S. 502, 507-08 , 82 S.Ct. 519, 523 , 7 L.Ed.2d 483, 487 (1962) (footnote omitted); see also id. n. 4.

12
Bacchus v. Bacchusgreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021This exceptionalism is evident from the statute’s “clear purpose . . . to preserve the status quo pending a final evidentiary hearing.” Bacchus v. Bacchus, 108 So. 3d 712, 714 (Fla. 5th DCA 2013).

11
Pender v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Pender v. State, 700 So.2d 664, 668 (Fla. 1997) (Anstead, J., concurring).

11
Woods v. Woodsgreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995Id.; see also Woods v. Woods, 610 So.2d 71 (Fla. 4th DCA 1992).

11
Claughton v. Claughtongreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992However, such procedure should be employed with caution and will be the exception rather than the rule.” See also Claughton v. Claughton, 393 So.2d 1061, 1062 (Fla.1980).

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 (10)

CaseCitedYears
State v. Schopp green
fla · 1995
2 sentences

2023Because of this, the Court “emphasized that a finding of harmless error should be ‘the exception rather than the rule.’” Id. at 1148 (quoting Schopp, 653 So. 2d at 1020 ).

2023Because of this, the Court “emphasized that a finding of harmless error should be ‘the exception rather than the rule.’” Id. at 1148 (quoting Schopp, 653 So. 2d at 1020 ).

22006–2023
Downs v. State green
fla · 1984
1 sentence

2025Downs emphasized that these claims are not “appropriate in every case,” and “[i]t should be the exception rather than the rule.” Id.

12025–2025
Smith v. Davis green
scotus · 1944
1 sentence

1997In so holding, the Supreme Court opined, "Tax exemptions being the exception rather than the rule, much clearer language evidencing an intent to immunize open accounts claims ... is necessary under these circumstances." Id.

11997–1997
State v. DiGuilio green
fla · 1986
1 sentence

1997In Schopp , dealing specifically with Richardson issues, we emphasized that the general rule for the vast majority of cases would continue to be a finding of harmful error and that the Schopp case "is clearly the exception rather than the rule." Id. at 1020 .

11997–1997
In Re RMJ green
scotus · 1982
2 sentences

1993The latter situation is illustrated by Justice Powell's dissent in Bates v. State Bar, 433 U.S. 350 , 389, 97 S.Ct. 2691, 2712 , 53 L.Ed.2d 810 (1977), and his subsequent authoring of the majority opinion in In re R.M.J., 455 U.S. 191 , 102 S.Ct. 929 , 71 L.Ed.2d 64 (1982), based on Bates.

1993The latter situation is illustrated by Justice Powell's dissent in Bates v. State Bar, 433 U.S. 350 , 389, 97 S.Ct. 2691, 2712 , 53 L.Ed.2d 810 (1977), and his subsequent authoring of the majority opinion in In re R.M.J., 455 U.S. 191 , 102 S.Ct. 929 , 71 L.Ed.2d 64 (1982), based on Bates.

11993–1993
Bates v. State Bar of Arizona green
scotus · 1977
2 sentences

1993The latter situation is illustrated by Justice Powell's dissent in Bates v. State Bar, 433 U.S. 350 , 389, 97 S.Ct. 2691, 2712 , 53 L.Ed.2d 810 (1977), and his subsequent authoring of the majority opinion in In re R.M.J., 455 U.S. 191 , 102 S.Ct. 929 , 71 L.Ed.2d 64 (1982), based on Bates.

1993The latter situation is illustrated by Justice Powell's dissent in Bates v. State Bar, 433 U.S. 350 , 389, 97 S.Ct. 2691, 2712 , 53 L.Ed.2d 810 (1977), and his subsequent authoring of the majority opinion in In re R.M.J., 455 U.S. 191 , 102 S.Ct. 929 , 71 L.Ed.2d 64 (1982), based on Bates.

11993–1993
Haines v. State neutral
fladistctapp · 1959
2 sentences

1986As stated in Haines v. State, 113 So.2d 601 (Fla.2d DCA 1959): To require a clerk to search a brief or a bound record to ascertain whether an application for oral argument had been made would impose upon him and his staff an unnecessarily burdensome duty. 113 So.2d at 602 .

1986As stated in Haines v. State, 113 So.2d 601 (Fla.2d DCA 1959): To require a clerk to search a brief or a bound record to ascertain whether an application for oral argument had been made would impose upon him and his staff an unnecessarily burdensome duty. 113 So.2d at 602 .

11986–1986
Claflin v. Houseman green
scotus · 1876
1 sentence

1985This Court's approach to the question of whether Congress has ousted state courts of jurisdiction was enunciated by Mr. Justice Bradley in Claflin v. Houseman, 93 U.S. 130 , 23 L ed 833, and has remained unmodified through the years.

11985–1985
Hyman v. Hyman green
fladistctapp · 1975
1 sentence

1982Hyman v. Hyman, 310 So.2d 378 (Fla. 2d DCA 1975), cert. discharged, 329 So.2d 299 (Fla. 1976).

11982–1982
Hyman v. Hyman green
fla · 1976
1 sentence

1982Hyman v. Hyman, 310 So.2d 378 (Fla. 2d DCA 1975), cert. discharged, 329 So.2d 299 (Fla. 1976).

11982–1982

Where else courts name it

CA 42 (1941–2026) NY 29 (1939–2020) IL 20 (1958–2017) MD 20 (1986–2025) MT 16 (1929–2023) NJ 16 (1963–2025) FL 15 (1982–2025) TX 14 (1982–2026) MO 13 (1979–2014) OH 12 (1965–2017) AZ 11 (1966–2025) WI 10 (1977–2025) PA 8 (1893–2022) ME 8 (1977–2025) CO 7 (1944–2024) UT 7 (1985–2026) VT 7 (1980–2016) WA 7 (1944–2017) IA 6 (1963–2026) NM 6 (1983–2005) TN 6 (1937–2006) LA 6 (1990–2019) AL 6 (1965–2013) WV 5 (1983–2007) GA 5 (1982–2023) KY 5 (2008–2020) NC 4 (2007–2025) MA 4 (2017–2025) NH 4 (1994–2022) CT 4 (1977–2004) KS 4 (1994–2026) AR 4 (1972–2022) NE 4 (1986–2000) ND 3 (1999–2004) SD 3 (1992–2011) OK 3 (2013–2020) RI 3 (1969–2010) DE 3 (1999–2025) IN 3 (1991–2004) MS 2 (1974–2021) VI 2 (2015–2024) DC 2 (1984–1991) MI 2 (1934–2009)

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.

← Caselaw search · G Cite Topics · Brief Check