election doctrine (Florida) · Go Syfert
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election doctrine in Florida

13 Florida opinions name it 4 courts 1960–2018 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 (3)

CaseFollowedCited
Diamond v. WHALEY, CHAPMAN & HANNAH, MD's, PAgreen
fladistctapp · 1989 · cited in 2 Florida opinions naming this issue, 2009–2009
2 sentences

2009See Diamond* 550 So.2d at 55 .

2009See Diamond, 550 So.2d at 55 .

22
Akel v. Dorcelusgreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Akel v. Dorcelus, 793 So. 2d 1049, 1052 (Fla. 4th DCA 2001) ("The election clause only applies if coverage is otherwise available.

11
National Labor Relations Board v. W. R. Grace & Co., Construction Products Divisiongreen
ca5 · 1978 · cited in 1 Florida opinions naming this issue, 1981–1981
1 sentence

1981Grace and Company, 571 F.2d 279, 282 (CCA 5th-1978): [A]n employer who refuses to bargain on the ground that an election is invalid does so at his own risk; if the election challenge proves fruitless, an order by the Board based on the refusal to bargain will be enforced.

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 (9)

CaseCitedYears
In Re Rodriguez green
fla · 2002
2 sentences

2003While we have not hesitated to disapprove recommendations that we considered too lenient, most recently in the case of In re Rodriguez, 829 So.2d 857 (Fla.2002), 13 the rec ommendations of the JQC as to discipline have persuasive force and should be given great weight.

2003While we have not hesitated to disapprove recommendations that we considered too lenient, most recently in the case of In re Rodriguez, 829 So.2d 857 (Fla.2002), [13] the recommendations *96 of the JQC as to discipline have persuasive force and should be given great weight.

22003–2003
Brownstein v. Fiberonics Industries green
njsuperctappdiv · 1970
1 sentence

1995Super. 43 , 264 A.2d 262 (1970). [7] One commentator has observed an analogue to the involuntary strict foreclosure rule in the rules governing conditional sales under the common law and the Uniform Conditional Sales Act: At common law, the simple act of repossession barred the action on the debt by the doctrine of election.

11995–1995
Encore, Inc. v. Olivetti Corporation of America green
fla · 1976
1 sentence

1990In Encore, Inc. v. Olivetti Corporation of America, 326 So.2d 161 (Fla.1976) the court stated: The election doctrine is founded on the premise that a party should not in the course of litigation be permitted to occupy inconsistent positions.

11990–1990
Dulaney v. City of Miami Beach green
fladistctapp · 1957
1 sentence

1990Id.; Dulaney v City of Miami Beach, 96 So.2d 550 (Fla. 3d DCA 1957).

11990–1990
Perry v. Benson green
fla · 1957
1 sentence

1989Again, in Perry v. Benson, 94 So.2d 819 (Fla.1957), the court pointed out the necessity of there being two viable remedies before the election doctrine pertains.

11989–1989
Campbell v. Kauffman Milling Co. green
fla · 1900
1 sentence

1976Campbell v. Kauffman Milling Co., 42 Fla. 328 , 29 So. 435 (1900); American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116 , 47 So. 942 (1908).

11976–1976
American Process Co. v. Florida White Pressed Brick Co. green
fla · 1908
1 sentence

1976Campbell v. Kauffman Milling Co., 42 Fla. 328 , 29 So. 435 (1900); American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116 , 47 So. 942 (1908).

11976–1976
City of Deland v. Fearington green
fla · 1933
2 sentences

1964City of DeLand v. Fearington, 108 Fla. 498 , 146 So. 573 (S. C.

1964City of DeLand v. Fearington, 108 Fla. 498 , 146 So. 573 (S. C.

11964–1964
Sweat v. Allen green
fla · 1941
2 sentences

1960However, in such jurisdictions it has usually been held that the settlement impaired neither the employee's compensation rights nor the employer's subrogation rights, on the theory that the third party has constructive statutory notice of the employer's subrogation interests, and must be held to know that he cannot evade his liability to the employer as subrogee by a settlement with the employee." The decision of the court in Sweat v. Allen, 1941, 145 Fla. 733 , 200 So. 348 , was based on the workmen's compensation provisions of Acts 1935, Ch. 17481, sec. 39(a), as amended by Acts 1937, Ch. 18

1960However, in such jurisdictions it has usually been held that the settlement impaired neither the employee's compensation rights nor the employer's subrogation rights, on the theory that the third party has constructive statutory notice of the employer's subrogation interests, and must be held to know that he cannot evade his liability to the employer as subrogee by a settlement with the employee." The decision of the court in Sweat v. Allen, 1941, 145 Fla. 733 , 200 So. 348 , was based on the workmen's compensation provisions of Acts 1935, Ch. 17481, sec. 39(a), as amended by Acts 1937, Ch. 18

11960–1960

Where else courts name it

TN 164 (1906–2026) TX 134 (1875–2025) CA 49 (1898–2024) IL 31 (1895–2023) AL 29 (1888–2025) NC 26 (1898–2025) WA 23 (1896–2026) MD 20 (1904–2025) NY 17 (1889–2019) AZ 16 (1926–2023) HI 15 (1979–2023) GA 14 (1908–2025) MI 14 (1918–2019) OR 14 (1947–2017) FL 13 (1960–2018) IN 12 (1874–2025) NJ 11 (1935–2026) LA 11 (1925–2020) AR 10 (1875–2000) PA 10 (1875–2024) MO 10 (1925–2019) OK 9 (1920–2023) CO 9 (1983–2025) MA 8 (1913–2005) MS 8 (1962–2021) MN 8 (1912–2012) SC 7 (1941–2024) KS 7 (1911–2014) IA 6 (1915–2020) CT 6 (1899–2019) WI 5 (1910–1963) OH 5 (2002–2022) NE 5 (1900–1992) VT 4 (1937–2018) UT 3 (1912–2021) AK 3 (1998–2008) ME 2 (1917–2012) MT 2 (1928–2024) WY 2 (1954–2013) DE 2 (1941–2020) KY 2 (1891–1952)

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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