15 Florida opinions name it 3 courts 1914–2017 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 |
|---|---|---|
Caplan v. 1616 East Sunrise Motors, Inc.green1 sentence2017Sunrise Motors, Inc., 522 So.2d 920, 921 (Fla. 3d DCA 1988) (purchaser of an automobile dealership was not liable for Lemon Law violations of its predecessor- because none of the exceptions to the general rule of successor liability as set forth in Bernard were present). | 1 | 1 |
Comerford v. Sunshine Networkgreen1 sentence2009See Cornell Computer Corp. v. Damion, 530 So.2d 497, 498 (Fla. 3d DCA 1988) (confirming that as a general rule, an employee is entitled to commissions earned during employment but collected after termination); see also Comerford v. Sunshine Network, 710 So.2d 197, 198 (Fla. 5th DCA 1998) (recognizing three exceptions to the general rule that an employee is entitled to commissions collected post-termination, provided those commissions were “earned” during employment where: (1) a contract expressly provides otherwise; (2) a contract requires performance of services as an entirety, as where “an e | 1 | 1 |
Cornell Computer Corp. v. Damiongreen1 sentence2009See Cornell Computer Corp. v. Damion, 530 So.2d 497, 498 (Fla. 3d DCA 1988) (confirming that as a general rule, an employee is entitled to commissions earned during employment but collected after termination); see also Comerford v. Sunshine Network, 710 So.2d 197, 198 (Fla. 5th DCA 1998) (recognizing three exceptions to the general rule that an employee is entitled to commissions collected post-termination, provided those commissions were “earned” during employment where: (1) a contract expressly provides otherwise; (2) a contract requires performance of services as an entirety, as where “an e | 1 | 1 |
Silvern v. Silverngreen1 sentence2002As the Third District stated soon after the Olympic decision, "[W]e express the reservation that the [ Olympic ] decision reaches the extreme length to which the exceptions to the general rule can be pressed." Silvern v. Silvern, 252 So.2d 865, 866 (Fla. 3d DCA 1971). | 1 | 1 |
Roberson v. FLA. PAROLE & PROBATION COM'Ngreen1 sentence1989See Roberson v Florida Parole and Probation Commission, 444 So.2d 917 (Fla. 1983). | 1 | 1 |
Doe v. Stategreen1 sentence1975See Doe v. State, Fla.App. 1972, 262 So.2d 11 and Kraus v. State, Fla. App. 1971, 243 So.2d 214 . | 1 | 1 |
Kraus v. Stategreen1 sentence1975See Doe v. State, Fla.App. 1972, 262 So.2d 11 and Kraus v. State, Fla. App. 1971, 243 So.2d 214 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Houk v. Monsanto Co.
green
1 sentence2007The court noted that the parties had been unable to find any precedent expressly establishing a duty on Centel’s part “to know the metes and bounds of its property with the exactitude which would have been required in this case to recognize the offending cable was tied to a tree on Centel Cellular property, even if its potentially hazardous nature was recognized.” The court found that the exceptions to the general rule that a property owner who hires an independent contractor to perform work on his property is not liable for injuries sustained by the contractor’s employees discussed in Houk v. | 1 | 2007–2007 |
Bernard v. Kee Mfg. Co., Inc.
green
1 sentence1988Nevertheless, we hold that Sunrise, as the purchaser of an automobile dealership company, is subject to no successor liability, under the Lemon Law or otherwise, for its predecessor's sale of the defective motor vehicle where there is no evidence to trigger any of the exceptions to the general rule of no successor liability, outlined in Bernard v. Kee Manufacturing Co., 409 So.2d 1047 (Fla. 1982). | 1 | 1988–1988 |
Hendry Tractor Co. v. Fernandez
green
1 sentence1988Additionally, we affirm the separate order awarding Sunrise attorney's fees under the Florida Deceptive and Unfair Trade Practices Act, §§ 501.201-.213, Fla. Stat. In so doing, we reject Caplan's contention that Sunrise the dealer cannot be a prevailing party as required by Section 501.2105, Florida Statutes, [1] because Caplan recovered a judgment on his claim against the co-defendant the manufacturer. [2] While it is true, as Caplan argues, that a plaintiff need not recover on each of his alternative theories of liability against a particular defendant to be a prevailing party, Hendry | 1 | 1988–1988 |
Easton v. Weir
green
1 sentence1974In Easton v. Weir, Fla. App. 1960, 125 So.2d 115 , the exceptions to the general rule were held to apply to a landlord's assumed repair of a roof upon the ground that such labor was inherently dangerous. | 1 | 1974–1974 |
Scott v. State
green
1 sentence1972Wolfe v. State, Fla.App.1967, 202 So.2d 133 ; Furr v. State, Fla.App.1969, 229 So.2d 269 ; Scott v. State, Fla.App.1971, 256 So.2d 19 . | 1 | 1972–1972 |
Wolfe v. State
green
1 sentence1972Wolfe v. State, Fla.App.1967, 202 So.2d 133 ; Furr v. State, Fla.App.1969, 229 So.2d 269 ; Scott v. State, Fla.App.1971, 256 So.2d 19 . | 1 | 1972–1972 |
Furr v. State
green
1 sentence1972Wolfe v. State, Fla.App.1967, 202 So.2d 133 ; Furr v. State, Fla.App.1969, 229 So.2d 269 ; Scott v. State, Fla.App.1971, 256 So.2d 19 . | 1 | 1972–1972 |
Treverrow v. State
green
1 sentence1969It was his duty to do so under the rule announced by our Supreme Court in the later case of Treverrow v. State, Fla. 1967, 194 So.2d 250 , wherein the rule was laid down that "Clearly, since it is the State which has the privilege of non-disclosure, the burden is upon the defendant claiming an exception to the rule to show why an exception should be invoked." There is no merit to the point involved. (2) The entrapment issue. | 1 | 1969–1969 |
State v. Norris
green
1 sentence1969Certiorari was discharged in State v. Norris, Fla. 1964, 168 So.2d 541 . | 1 | 1969–1969 |
Wrather v. State
green
2 sentences1969And this limitation upon admissibility apples equally to all the exceptions to the general rule excluding evidence of other crimes, whether introduced to prove identity, or for any other purpose.” ' Wrather v. State, 1943, 179 Tenn. 666 , 169 S.W.2d 854 . 1969And this limitation upon admissibility apples equally to all the exceptions to the general rule excluding evidence of other crimes, whether introduced to prove identity, or for any other purpose.” ' Wrather v. State, 1943, 179 Tenn. 666 , 169 S.W.2d 854 . | 1 | 1969–1969 |
Cutchins v. Seaboard Air Line Railroad Company
green
1 sentence1961Co., Fla. 1958, 101 So.2d 857 ." Applying these principles to the case before us, we are of the opinion that the jury could have fairly and reasonably concluded from the evidence produced at the trial that the defendant-appellee was liable to the plaintiffs for the negligent acts of the newsboy carriers, even though those carriers bore the relation of independent contractors to the defendant, under one or more of the exceptions to the general rule of nonliability for acts of independent contractors, as discussed above. | 1 | 1961–1961 |
Talley v. State
green
2 sentences1959We have some doubt that this contention could be sustained, even under the old rule relied upon by appellant, Cf. McVeigh v. State, Fla. 1954, 73 So.2d 694, 696 ; Talley v. State, 1948, 160 Fla. 593 , 36 So.2d 201, 204 . 1959We have some doubt that this contention could be sustained, even under the old rule relied upon by appellant, Cf. McVeigh v. State, Fla. 1954, 73 So.2d 694, 696 ; Talley v. State, 1948, 160 Fla. 593 , 36 So.2d 201, 204 . | 1 | 1959–1959 |
Estes v. Moylan
green
1 sentence1959In Estes v. Moylan, Fla.1957, 94 So.2d 362 , the Supreme Court of Florida reversed a summary judgment favorable to Moylan resulting from a suit on a written contract to pay a real estate broker’s commission. | 1 | 1959–1959 |
McVeigh v. State
green
1 sentence1959We have some doubt that this contention could be sustained, even under the old rule relied upon by appellant, Cf. McVeigh v. State, Fla. 1954, 73 So.2d 694, 696 ; Talley v. State, 1948, 160 Fla. 593 , 36 So.2d 201, 204 . | 1 | 1959–1959 |
McDaniel v. Mallary Bros. Machinery Co.
green
2 sentences1914Machinery Co., 6 Ga. App. 848 , 66 S. E. 1914Machinery Co., 6 Ga. App. 848 , 66 S. E. | 1 | 1914–1914 |
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.