abiding test (Florida) · Go Syfert
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abiding test in Florida

14 Florida opinions name it 2 courts 1958–2016 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 (5)

CaseFollowedCited
Slemp v. City of North Miamigreen
fla · 1989 · cited in 3 Florida opinions naming this issue, 2009–2016
2 sentences

2016See Slemp v. City of N. Miami, 545 So. 2d 256, 257 (Fla. 1989) (“The abiding test for determining whether a government entity has sovereign immunity for its tortious acts is the operational/planning formula set forth in Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla. 4 1979).”).

2016See Slemp v. City of N. Miami, 545 So.2d 256, 257 (Fla. 1989) (“The abiding test for determining whether a government entity has sovereign immunity for its tortious acts is the operational/planning formula set forth in Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla.1979).”).

33
Advisory Opinion to the Attorney General Re Fish & Wildlife Conservation Commissiongreen
fla · 1998 · cited in 3 Florida opinions naming this issue, 2004–2007
2 sentences

2007Advisory Op. to Att'y Gen. re Fish & Wildlife Conservation Comm'n, 705 So.2d 1351, 1353-54 (Fla.1998).

2004Advisory Op. to Att’y Gen. re Fish & Wildlife Conservation Comm’n, 705 So.2d 1351, 1353-54 (Fla.1998) (emphasis added).

33
Commercial Carrier Corp. v. Indian River Cty.green
fla · 1979 · cited in 4 Florida opinions naming this issue, 1989–2016
2 sentences

2016See Slemp v. City of N. Miami, 545 So. 2d 256, 257 (Fla. 1989) (“The abiding test for determining whether a government entity has sovereign immunity for its tortious acts is the operational/planning formula set forth in Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla. 4 1979).”).

2016See Slemp v. City of N. Miami, 545 So.2d 256, 257 (Fla. 1989) (“The abiding test for determining whether a government entity has sovereign immunity for its tortious acts is the operational/planning formula set forth in Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla.1979).”).

24
The City of Coral Gables v. Graygreen
fla · 1944 · cited in 1 Florida opinions naming this issue, 2000–2000
2 sentences

2000The purpose of this requirement is twofold: to insulate the organic law from “precipitous and cataclysmic change,” 12 and to prevent “logrolling.” 13 The abiding test for evaluating a single-subject challenge to an initiative petition was set forth by this Court in Fine v. Firestone, 448 So.2d 984 (Fla.1984): Fine, 448 So.2d at 990 (quoting City of Coral Gables v. Gray, 154 Fla. 881, 883-84 , 19 So.2d 318, 320 (1944)).

2000The purpose of this requirement is twofold: to insulate the organic law from “precipitous and cataclysmic change,” 12 and to prevent “logrolling.” 13 The abiding test for evaluating a single-subject challenge to an initiative petition was set forth by this Court in Fine v. Firestone, 448 So.2d 984 (Fla.1984): Fine, 448 So.2d at 990 (quoting City of Coral Gables v. Gray, 154 Fla. 881, 883-84 , 19 So.2d 318, 320 (1944)).

11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992We announced the abiding standard for applying the harmless error test in State v. DiGuilio, 491 So.2d 1129, 1139 (Fla. 1986): "If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful." In the present case, the jury had before it the following evidence of guilt: Traylor had threatened Nagy's life prior to the murder, his hair was found on her body, his bloody handprint was found on the wall near the body, he confessed to the murder to police, and he wrote letters to his Florida and Alabama judges confessing

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 (5)

CaseCitedYears
Stephens v. State green
fla · 1999
2 sentences

2003The Court in Strickland addressed further both the first [8] and second [9] prongs of the above test and noted that both prongs are mixed questions of law and fact. [10] This Court in Stephens v. State, 748 So.2d 1028 (Fla.1999), set forth the abiding standard of review for an appellate court to apply when reviewing a trial court's ruling on an ineffectiveness claim.

2003The Court in Strickland explained at length both the first and second prongs of the above test and noted that both prongs are mixed questions of law and fact. [14] *429 This Court in Stephens v. State, 748 So.2d 1028 (Fla.1999), set forth the abiding standard of review for an appellate court to apply when reviewing a trial court's ruling on an ineffectiveness claim.

22003–2003
Campbell v. State red
fla · 1990
1 sentence

2001A. The Applicable Law This Court in Campbell v. State, 571 So.2d 415 (Fla.1990), set forth the abiding standard for evaluating mitigating circumstances: When addressing mitigating circumstances, the sentencing court must expressly evaluate in its written order each mitigating circumstance proposed by the defendant to determine whether it is supported by the evidence and whether, in the case of nonstatutory factors, it is truly of a mitigating nature.

12001–2001
Fine v. Firestone green
fla · 1984
2 sentences

2000The purpose of this requirement is twofold: to insulate the organic law from “precipitous and cataclysmic change,” 12 and to prevent “logrolling.” 13 The abiding test for evaluating a single-subject challenge to an initiative petition was set forth by this Court in Fine v. Firestone, 448 So.2d 984 (Fla.1984): Fine, 448 So.2d at 990 (quoting City of Coral Gables v. Gray, 154 Fla. 881, 883-84 , 19 So.2d 318, 320 (1944)).

2000The purpose of this requirement is twofold: to insulate the organic law from “precipitous and cataclysmic change,” 12 and to prevent “logrolling.” 13 The abiding test for evaluating a single-subject challenge to an initiative petition was set forth by this Court in Fine v. Firestone, 448 So.2d 984 (Fla.1984): Fine, 448 So.2d at 990 (quoting City of Coral Gables v. Gray, 154 Fla. 881, 883-84 , 19 So.2d 318, 320 (1944)).

12000–2000
In Re Kemmler green
· 1890
2 sentences

1999ELECTROCUTION IN FLORIDA IS UNCONSTITUTIONALLY CRUEL As noted above, the abiding standard for determining the constitutionality of a method of execution is the "mere extinguishment of life" standard set forth in In re Kemmler, 136 U.S. 436 , 10 S.Ct. 930 , 34 L.Ed. 519 (1890).

1999ELECTROCUTION IN FLORIDA IS UNCONSTITUTIONALLY CRUEL As noted above, the abiding standard for determining the constitutionality of a method of execution is the "mere extinguishment of life" standard set forth in In re Kemmler, 136 U.S. 436 , 10 S.Ct. 930 , 34 L.Ed. 519 (1890).

11999–1999
City of Austin v. Cannizzo green
tex · 1954
2 sentences

1958The jury should, upon the facts presented, indulge that presumption, and on that basis determine whether the use provided by the ordinance or that insisted upon by the landowner should prevail as a guide for determining the value of the property taken." In City of Austin v. Cannizzo, 1954, 153 Tex. 324 , 267 S.W.2d 808, 814 , the Supreme Court of Texas said: "In the willing seller-willing buyer test of market value it is frequently said that all factors should be considered which would reasonably be given weight in negotiations between a seller and a buyer. 29 C.J.S.

1958The jury should, upon the facts presented, indulge that presumption, and on that basis determine whether the use provided by the ordinance or that insisted upon by the landowner should prevail as a guide for determining the value of the property taken." In City of Austin v. Cannizzo, 1954, 153 Tex. 324 , 267 S.W.2d 808, 814 , the Supreme Court of Texas said: "In the willing seller-willing buyer test of market value it is frequently said that all factors should be considered which would reasonably be given weight in negotiations between a seller and a buyer. 29 C.J.S.

11958–1958

Statutes the citing opinions construe

FL § 101.161 (4) FL § 768.28 (4) FL § 15.21 (3) FL § 16.061 (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

CT 34 (1985–2025) FL 14 (1958–2016) IL 8 (1996–2010) NY 4 (1968–2011) MS 4 (1994–2003) OR 4 (2018–2020) CA 3 (1997–2010) ID 2 (1977–1984) AL 2 (1961–1968)

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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