14 Florida opinions name it 4 courts 1913–2014 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 |
|---|---|---|
Flagship Nat. Bank of Miami v. Testagreen2 sentences2014“Where a trial court’s refusal to rule has no lawful basis, mandamus is the appropriate remedy.” Quintana v. Barad, 528 So.2d 1300, 1301 (Fla. 3d DCA 1988); see also SR Acquisitions-Florida City, LLC v. San Remo Homes at Florida City, LLC, 78 So.3d 636, 638 (Fla. 3d DCA 2011) (“[M]andamus is the proper remedy to compel a court to exercise its discretion and decide a cause, where there is no valid reason to reserve ruling on the matter.”) (citation omitted); Flagship Nat’l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) (“[Wjhile a judge may not be told ahead of time how to rule, ma 1988Calhoun v. Christie, 510 So.2d 1000 (Fla. 3d DCA 1987); Villas at Cutler Ridge Homeowners' Ass'n, Inc. v. Newman, 498 So.2d 579 (Fla. 3d DCA 1986) ("mandamus is the proper remedy to compel a trial court to exercise its judicial authority and decide a cause, where there is no valid reason to reserve ruling on the matter"); Flagship Nat'l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) ("mandamus lies to require that [the judge] rule one way or the other if there is no justification that the ruling be withheld."). | 2 | 2 |
Quintana v. Baradgreen1 sentence2014“Where a trial court’s refusal to rule has no lawful basis, mandamus is the appropriate remedy.” Quintana v. Barad, 528 So.2d 1300, 1301 (Fla. 3d DCA 1988); see also SR Acquisitions-Florida City, LLC v. San Remo Homes at Florida City, LLC, 78 So.3d 636, 638 (Fla. 3d DCA 2011) (“[M]andamus is the proper remedy to compel a court to exercise its discretion and decide a cause, where there is no valid reason to reserve ruling on the matter.”) (citation omitted); Flagship Nat’l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) (“[Wjhile a judge may not be told ahead of time how to rule, ma | 1 | 1 |
SR Acquisitions—Florida City, LLC v. San Remo Homes at Florida City, LLCgreen1 sentence2014“Where a trial court’s refusal to rule has no lawful basis, mandamus is the appropriate remedy.” Quintana v. Barad, 528 So.2d 1300, 1301 (Fla. 3d DCA 1988); see also SR Acquisitions-Florida City, LLC v. San Remo Homes at Florida City, LLC, 78 So.3d 636, 638 (Fla. 3d DCA 2011) (“[M]andamus is the proper remedy to compel a court to exercise its discretion and decide a cause, where there is no valid reason to reserve ruling on the matter.”) (citation omitted); Flagship Nat’l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) (“[Wjhile a judge may not be told ahead of time how to rule, ma | 1 | 1 |
White v. Stategreen1 sentence1992This court held that, “[bjecause the conviction could not be sustained on an ownership theory, the state had the burden of proving that [the defendant’s] possession was conscious and substantial and not merely involuntary or superficial.” White , at 579. | 1 | 1 |
Tillman v. Stategreen1 sentence1991It is entirely established Florida law that, once a Neil inquiry has been, as it was here, appropriately initiated, it is incumbent upon the trial judge to evaluate the credibility of the explanation for the peremptory challenges and "to determine whether the proffered reasons, if they are neutral and reasonable, are indeed supported by the record." Tillman v. State, 522 So.2d 14, 16-17 (Fla. 1988). | 1 | 1 |
VILLAS AT CUTLER RIDGE HOMEOWNERS'ASSOCIATION v. Newmangreen1 sentence1988Calhoun v. Christie, 510 So.2d 1000 (Fla. 3d DCA 1987); Villas at Cutler Ridge Homeowners' Ass'n, Inc. v. Newman, 498 So.2d 579 (Fla. 3d DCA 1986) ("mandamus is the proper remedy to compel a trial court to exercise its judicial authority and decide a cause, where there is no valid reason to reserve ruling on the matter"); Flagship Nat'l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) ("mandamus lies to require that [the judge] rule one way or the other if there is no justification that the ruling be withheld."). | 1 | 1 |
Wilson v. Stategreen1 sentence1979Cf. Wilson v. State, 304 So.2d 119, 120 (Fla.1974). | 1 | 1 |
Florida East Coast Railway Co. v. Keilengreen1 sentence1967See Florida East Coast Railway Company v. Keilen, Fla.App.1966, 183 So.2d 547 . | 1 | 1 |
Harvey v. Stategreen2 sentences1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . 1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . | 1 | 1 |
Hood v. Abraham French & Co.green1 sentence1917See Hood v. French, 37 Fla. 117 , 19 South. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilcox v. State
green
1 sentence1992The trial court refused the requested instruction, and this court held the refusal to be error, citing Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988), and Jones v. State, 325 So.2d 436 (Fla. 1st DCA 1975), cert. denied, 339 So.2d 1172 (Fla.1976). | 1 | 1992–1992 |
Jones v. State
green
1 sentence1992The trial court refused the requested instruction, and this court held the refusal to be error, citing Wilcox v. State, 522 So.2d 1062 (Fla. 3d DCA 1988), and Jones v. State, 325 So.2d 436 (Fla. 1st DCA 1975), cert. denied, 339 So.2d 1172 (Fla.1976). | 1 | 1992–1992 |
Calhoun v. Christie
green
1 sentence1988Calhoun v. Christie, 510 So.2d 1000 (Fla. 3d DCA 1987); Villas at Cutler Ridge Homeowners' Ass'n, Inc. v. Newman, 498 So.2d 579 (Fla. 3d DCA 1986) ("mandamus is the proper remedy to compel a trial court to exercise its judicial authority and decide a cause, where there is no valid reason to reserve ruling on the matter"); Flagship Nat'l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983) ("mandamus lies to require that [the judge] rule one way or the other if there is no justification that the ruling be withheld."). | 1 | 1988–1988 |
Ralph E. Coblentz, as Administrator, D.B.N. Of the Estate of Edward Thomas Coblentz, Deceased v. American Surety Company of New York
green
1 sentence1988NOTES [1] This type of agreement, first recognized in Coblentz v. American Surety Co. of New York, 416 F.2d 1059 (5th Cir.1969), is valid in Florida. | 1 | 1988–1988 |
Lampkin v. State
neutral
1 sentence1985Concededly, the results of refusing to submit to the breathalyzer test leave one with a Hobson’s Choice since Section 316.1932(l)(a) provides that the refusal to submit such testimony shall be admissible in an criminal proceeding, see Lampkin v. State, 445 So.2d 673 (Fla. 4th DCA 1984) and State v. Whitehead, 443 So.2d 196 (Fla. 3rd DCA 1983) upholding the constitutionality of said statute, relying upon South Dakota v. Neville, 459 U.S. (1983). | 1 | 1985–1985 |
State v. Whitehead
green
1 sentence1985Concededly, the results of refusing to submit to the breathalyzer test leave one with a Hobson’s Choice since Section 316.1932(l)(a) provides that the refusal to submit such testimony shall be admissible in an criminal proceeding, see Lampkin v. State, 445 So.2d 673 (Fla. 4th DCA 1984) and State v. Whitehead, 443 So.2d 196 (Fla. 3rd DCA 1983) upholding the constitutionality of said statute, relying upon South Dakota v. Neville, 459 U.S. (1983). | 1 | 1985–1985 |
Orange County v. City of Orlando
neutral
1 sentence1982Id. at 8 . | 1 | 1982–1982 |
Winn-Dixie Stores, Inc. v. Nall
green
1 sentence1976Cf. Winn-Dixie Stores, Inc. v. Nall, Fla.App. 1974, 302 So.2d 781 . | 1 | 1976–1976 |
Aronson v. Ambrose
green
1 sentence1974Virgin Islands, 1972), aff'd 479 F.2d 75 (1973), cert. denied, 414 U.S. 854 , a federal district court upheld the refusal of bar examiners to admit applicants to the Virgin Islands bar who would not allege that, if admitted, they intended to reside and practice in the Virgin Islands. | 1 | 1974–1974 |
Kaehni v. Diffraction Co.
green
1 sentence1974Virgin Islands, 1972), aff'd 479 F.2d 75 (1973), cert. denied, 414 U.S. 854 , a federal district court upheld the refusal of bar examiners to admit applicants to the Virgin Islands bar who would not allege that, if admitted, they intended to reside and practice in the Virgin Islands. | 1 | 1974–1974 |
Cook v. Navy Point, Inc.
green
1 sentence1964On this point the Supreme Court has-said in Cook v. Navy Point, Inc., (Fla.), 88 So.2d 532 , that “In all but extraordinary-circumstances, affidavits in support of the motion, if any there are, should be filed with it to allow the opponent time to controvert them. * * * A motion for summary judgment is calculated to save valuable time and thus to assist in securing speedy and inexpensive justice, but one object of the new rules of procedure is to prevent surprise, and this equally praiseworthy obj ective should not be overlooked.”' There being no showing of extraordinary-circumstances in this | 1 | 1964–1964 |
White v. State
green
2 sentences1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . 1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . | 1 | 1944–1944 |
Jarrell v. State
green
2 sentences1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . 1944See Harvey v. State, 129 Fla. 289 , 176 So. 439 ; Jarrell v. State, 135 Fla. 736 , 185 So. 873 , and White v. State, 129 Fla. 885 , 176 So. 842 . | 1 | 1944–1944 |
Thomas v. State
neutral
1 sentence1913Thomas v. State, 49 Fla. 123 , 38 South. | 1 | 1913–1913 |
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.