14 Florida opinions name it 3 courts 1959–2025 1 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 |
|---|---|---|
Lipman v. Brisbane Elementary School Districtred2 sentences1995In addition, however, when the Evangelical test leaves the issue in doubt, we have adopted the framework articulated in Lipman v. Brisbane Elementary School District, 55 Cal.2d 224 , 11 Cal. Rptr. 97 , 359 P.2d 465, 467 (1961), for further analysis: Although it may not be possible to set forth a definitive rule which would determine in every instance whether a governmental *914 agency is liable for discretionary acts of its officials, various factors furnish a means of deciding whether the agency in a particular case should have immunity, such as the importance to the public of the function in 1995In addition, however, when the Evangelical test leaves the issue in doubt, we have adopted the framework articulated in Lipman v. Brisbane Elementary School District, 55 Cal.2d 224 , 11 Cal. Rptr. 97 , 359 P.2d 465, 467 (1961), for further analysis: Although it may not be possible to set forth a definitive rule which would determine in every instance whether a governmental *914 agency is liable for discretionary acts of its officials, various factors furnish a means of deciding whether the agency in a particular case should have immunity, such as the importance to the public of the function in | 2 | 3 |
Miracle House Corporation v. Haigegreen1 sentence2017In other words, the interest must be that created by a claim to the demand in suit or some part thereof, or a claim to, or lien upon, the property or some part thereof, which is the subject of litigation.” Miracle House Corp. v. Haige, 96 So.2d 417, 418 (Fla. 1957) (quoting Morgareidge v. Howey, 75 Fla. 234 , 78 So. 14, 15 (1918)). | 1 | 1 |
Smith v. O'Briengreen1 sentence2017In other words, the interest must be that created by a claim to the demand in suit or some part thereof, or a claim to, or lien upon, the property or some part thereof, which is the subject of litigation.” Miracle House Corp. v. Haige, 96 So.2d 417, 418 (Fla. 1957) (quoting Morgareidge v. Howey, 75 Fla. 234 , 78 So. 14, 15 (1918)). | 1 | 1 |
Cornelius Cooper v. Southern Companygreen1 sentence2008While the Court did not adopt a definitive standard for reviewing qualification evidence, it cited with approval Cooper v. Southern Co., 390 F.3d 695, 732 (11th Cir. 2004), where the court stated that "disparities in qualifications must be of such weight and significance that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff for the job in question." Other courts have required a plaintiff's qualifications to be "clearly superior" to those of the selected employee. | 1 | 1 |
Jones v. Stategreen1 sentence2000These statements are in conflict with the definitive standard we set forth in Jones II, in which we held, as stated, that newly discovered evidence must be of such nature that it " would probably produce an acquittal on retrial." 709 So.2d at 521 (emphasis added). | 1 | 1 |
Carn v. Mooregreen2 sentences1984Smith v. Burbridge, 24 Fla. 112, 130 , 3 So. 869 , 877 (1888), where the Court held that the "disposition and duty of courts are to sustain popular elections whenever they have been free and fair, and it is clear that the voters have not been deprived of their right to vote, and the result has not been changed by irregularity." A more definitive standard was stated in Carn v. Moore, 74 Fla. 77, 88-89 , 76 So. 337, 340 (1917): "Republics regard the elective franchise as sacred, and the courts should not set aside an election because some official has not complied with the law governing election 1984Smith v. Burbridge, 24 Fla. 112, 130 , 3 So. 869 , 877 (1888), where the Court held that the "disposition and duty of courts are to sustain popular elections whenever they have been free and fair, and it is clear that the voters have not been deprived of their right to vote, and the result has not been changed by irregularity." A more definitive standard was stated in Carn v. Moore, 74 Fla. 77, 88-89 , 76 So. 337, 340 (1917): "Republics regard the elective franchise as sacred, and the courts should not set aside an election because some official has not complied with the law governing election | 1 | 1 |
Marler v. Board of Public Instruction of Okaloosa County ex rel. South Okaloosa Elementary School Special Tax Districtgreen1 sentence1984Smith v. Burbridge, 24 Fla. 112, 130 , 3 So. 869 , 877 (1888), where the Court held that the "disposition and duty of courts are to sustain popular elections whenever they have been free and fair, and it is clear that the voters have not been deprived of their right to vote, and the result has not been changed by irregularity." A more definitive standard was stated in Carn v. Moore, 74 Fla. 77, 88-89 , 76 So. 337, 340 (1917): "Republics regard the elective franchise as sacred, and the courts should not set aside an election because some official has not complied with the law governing election | 1 | 1 |
Brown v. Stanwick Intern., Inc.green1 sentence1982Offshore Co. v. Robison, 266 F.2d 769, 779 (5th Cir. 1959); 2 accord, Beard v. Shell Oil Co., 606 F.2d 515, 517 (5th Cir. 1979); Brown v. Stanwick International, Inc., 367 So.2d 241, 243 (Fla. 3d DCA 1979). | 1 | 1 |
Beard v. Shell Oil Companygreen1 sentence1982Offshore Co. v. Robison, 266 F.2d 769, 779 (5th Cir. 1959); 2 accord, Beard v. Shell Oil Co., 606 F.2d 515, 517 (5th Cir. 1979); Brown v. Stanwick International, Inc., 367 So.2d 241, 243 (Fla. 3d DCA 1979). | 1 | 1 |
cluster 248059green1 sentence1982Offshore Co. v. Robison, 266 F.2d 769, 779 (5th Cir. 1959); 2 accord, Beard v. Shell Oil Co., 606 F.2d 515, 517 (5th Cir. 1979); Brown v. Stanwick International, Inc., 367 So.2d 241, 243 (Fla. 3d DCA 1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commercial Carrier Corp. v. Indian River Cty.
green
2 sentences1995Commercial Carrier, 371 So.2d at 1021 . [7] We believe this framework is particularly helpful for resolution of this case. 1982From Johnson we learn that that court's analysis is predicated primarily upon "policy considerations" (see Commercial Carrier, supra, 371 So.2d at 1021 ); that it may not be possible to set forth a definitive rule which will determine in every instance whether a governmental agency is liable for discretionary acts of its officials; but nevertheless, there are various factors which furnish a means of deciding whether the agency in a particular case "should have immunity," such as: The importance to the public of the function involved, the extent to which government liability might impair free e | 2 | 1982–1995 |
Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.
green
1 sentence2025Id. at 569 . | 1 | 2025–2025 |
Morgareidge v. Howey
green
1 sentence2017In other words, the interest must be that created by a claim to the demand in suit or some part thereof, or a claim to, or lien upon, the property or some part thereof, which is the subject of litigation.” Miracle House Corp. v. Haige, 96 So.2d 417, 418 (Fla. 1957) (quoting Morgareidge v. Howey, 75 Fla. 234 , 78 So. 14, 15 (1918)). | 1 | 2017–2017 |
Jones v. State
green
1 sentence2000In Jones II, we further explained that to reach the conclusion as to the probable acquittal on retrial, [T]he trial court is required to "consider all newly discovered evidence which would be admissible" at trial and then evaluate the "weight of both the newly discovered evidence and the evidence which was introduced at the trial." [ Jones I, 591 So.2d at 916 .] In considering the second prong, the trial court should initially consider whether the evidence would have been admissible at trial or whether there would have been any evidentiary bars to its admissibility. | 1 | 2000–2000 |
Wood v. State
green
1 sentence1993Even so, I would remand for resentenc-ing rather than merely strike almost a third of this “object lesson” sentence 1 and direct the trial court to resentence under the principles announced in Wood v. State, 582 So.2d 751 (Fla. 5th DCA 1991). . | 1 | 1993–1993 |
Harris v. Tyson
green
1 sentence1992Id. at 393 . | 1 | 1992–1992 |
Faison v. State
green
1 sentence1987The supreme court in Faison v. State, 426 So.2d 963 (Fla. 1983), adopted a definitive test for determining whether the confinement or movement of a victim is sufficient to support a conviction for kidnapping in addition to the primary offense charged. | 1 | 1987–1987 |
Faircloth v. Faircloth
green
2 sentences1985The Florida Supreme Court, in Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976) established the definitive standard by which the propriety of a contempt finding is to be judged: [A] trial judge must make an affirmative finding that either (1) the petitioner presently has the ability to comply with the order and willfully refuses to do so, or (2) that the petitioner previously had the ability to comply, but divested himself of that ability through his fault or neglect designed to frustrate the intent and purpose of the order. 1985Faircloth, 339 So.2d at 651 . | 1 | 1985–1985 |
State ex rel. Smith v. Burbridge
neutral
1 sentence1984Smith v. Burbridge, 24 Fla. 112, 130 , 3 So. 869 , 877 (1888), where the Court held that the "disposition and duty of courts are to sustain popular elections whenever they have been free and fair, and it is clear that the voters have not been deprived of their right to vote, and the result has not been changed by irregularity." A more definitive standard was stated in Carn v. Moore, 74 Fla. 77, 88-89 , 76 So. 337, 340 (1917): "Republics regard the elective franchise as sacred, and the courts should not set aside an election because some official has not complied with the law governing election | 1 | 1984–1984 |
Johnson v. State of California
green
1 sentence1982Lipman v. Brisbane Elementary School District, 55 Cal.2d 224 , 11 Cal. Rptr. 97, 99 , 359 P.2d 465, at 467 , quoted in Johnson v. State, 447 P.2d at 357 . | 1 | 1982–1982 |
Roth v. United States
green
2 sentences1959By way of guide-posts, the court held firmly to the definitive standard approved in Roth v. United States, 354 U.S. 476 , 77 S. Ct. 1304 , 1 L. 1959By way of guide-posts, the court held firmly to the definitive standard approved in Roth v. United States, 354 U.S. 476 , 77 S. Ct. 1304 , 1 L. | 1 | 1959–1959 |
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.
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.