set factors (Florida) · Go Syfert
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set factors in Florida

13 Florida opinions name it 2 courts 1984–2026 5 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 (8)

CaseFollowedCited
Kozel v. Ostendorfgreen
fla · 1994 · cited in 6 Florida opinions naming this issue, 1996–2026
2 sentences

2026See Kozel, 629 So. 2d at 818 (“To assist the trial court in determining whether dismissal with prejudice is warranted, we have adopted the following set of factors . . . 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justificati

2022Indeed, between 2016 and 2018, and because of SLF attorneys’ willful violation of court deadlines and procedural rules, many SLF clients had their cases dismissed pursuant to Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), which established a set of factors a trial court must consider in determining whether dismissal with prejudice is warranted where an attorney has failed to adhere to filing deadlines and other procedural requirements.

36
Bryan v. Bryangreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Kozel, 629 So. 2d at 818 (“To assist the trial court in determining whether dismissal with prejudice is warranted, we have adopted the following set of factors . . . 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justificati

11
Argonaut Ins. Co. v. May Plumbing Co.green
fla · 1985 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Co. v. May Plumbing Co., 474 So. 2d 212, 215 (Fla. 1985) (“Once a verdict has liquidated the damages as of a date certain, computation of prejudgment interest is merely a mathematical computation.

11
Cabrera v. Cabreragreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Kozel, 629 So. 2d at 818 (“To assist the trial court in determining whether dismissal with prejudice is warranted, we have adopted the following set of factors . . . 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justificati

11
Celebrity Cruises, Inc. v. Fernandesgreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Kozel, 629 So. 2d at 818 (“To assist the trial court in determining whether dismissal with prejudice is warranted, we have adopted the following set of factors . . . 1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justificati

11
Perez v. Stategreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Perez v. State, 236 So. 3d 1158 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court ordered a psychiatric evaluation but never held a hearing); Pearce v. State, 250 So. 3d 791 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court failed to conduct a competency hearing); Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017) (reversing and remanding for a retroactive competency determination when the court set a hearing date on competency, but the hearing never occurred); Walker v. Sta

11
Geer v. Jacobsengreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Geer v. Jacobsen, 880 So. 2d 717, 720 (Fla. 2d DCA 2004).

11
Ham v. Dunmiregreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993); see also Ham, 891 So.2d at 496 .

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
Scott Michael Sheheane v. State of Florida green
fladistctapp · 2017
1 sentence

2024See, e.g., Perez v. State, 236 So. 3d 1158 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court ordered a psychiatric evaluation but never held a hearing); Pearce v. State, 250 So. 3d 791 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court failed to conduct a competency hearing); Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017) (reversing and remanding for a retroactive competency determination when the court set a hearing date on competency, but the hearing never occurred); Walker v. Sta

12024–2024
Mark English v. State of Florida neutral
fladistctapp · 2017
1 sentence

2024See, e.g., Perez v. State, 236 So. 3d 1158 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court ordered a psychiatric evaluation but never held a hearing); Pearce v. State, 250 So. 3d 791 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court failed to conduct a competency hearing); Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017) (reversing and remanding for a retroactive competency determination when the court set a hearing date on competency, but the hearing never occurred); Walker v. Sta

12024–2024
Joshua Leon Walker v. State of Florida green
fladistctapp · 2018
1 sentence

2024See, e.g., Perez v. State, 236 So. 3d 1158 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court ordered a psychiatric evaluation but never held a hearing); Pearce v. State, 250 So. 3d 791 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court failed to conduct a competency hearing); Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017) (reversing and remanding for a retroactive competency determination when the court set a hearing date on competency, but the hearing never occurred); Walker v. Sta

12024–2024
Faretta v. California green
scotus · 1975
1 sentence

2024The trial court set a hearing on the motion. 1 Faretta v. California, 422 U.S. 806 (1975).

12024–2024
Pearce v. State green
fladistctapp · 2018
1 sentence

2024See, e.g., Perez v. State, 236 So. 3d 1158 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court ordered a psychiatric evaluation but never held a hearing); Pearce v. State, 250 So. 3d 791 (Fla. 1st DCA 2018) (reversing and remanding for a retroactive competency determination when the court failed to conduct a competency hearing); Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017) (reversing and remanding for a retroactive competency determination when the court set a hearing date on competency, but the hearing never occurred); Walker v. Sta

12024–2024
Leonard L. Farber Company, Inc. v. Jaksch green
fladistctapp · 1976
1 sentence

2016The supreme court asserted: [In Farber ] the lease provided that “Lessee shall indemnify LESSOR and save it harmless from suits ... occasioned wholly or in part by any act or omission of-Lessee ....” 335 So.2d at 847-48 . (emphasis supplied).

12016–2016
Harmon v. State neutral
fladistctapp · 1984
1 sentence

1989Likewise, in Harmon v. State, 448 So.2d 630 (Fla. 5th DCA 1984), the jury was sent a set of standard instructions which contained blackened out sections.

11989–1989
Emshwiller v. State green
fladistctapp · 1983
1 sentence

1985It arrived at this result by analyzing the legislative history of sections 812.014, Florida Statutes (Supp. 1982), and 812.015, and concluding that section 812.015 created no new crime of retail theft, but "simply provided a set standard by which the market value of property stolen from a retail establishment is determined." Emshwiller, 443 So.2d at 346 .

11985–1985
City of Pensacola v. Walker green
fladistctapp · 1964
1 sentence

1984As was determined in City of Pensacola v. Walker, 167 So.2d 634 , "The proof of acceptance by the public of an offer of dedication must be `clear, satisfactory and unequivocal'." The proof of acceptance by the public falls far short of the standard set by the rule in Mumaw, therefore, it is hereby: ORDERED AND ADJUDGED: 1.

11984–1984

Where else courts name it

TX 91 (1976–2026) CA 50 (1963–2026) IN 33 (1980–2026) OH 24 (1991–2026) CO 22 (1987–2026) PA 22 (1957–2026) MS 20 (1987–2023) IL 17 (1976–2025) GA 15 (1909–2025) NJ 15 (1959–2025) WA 14 (1984–2018) FL 13 (1984–2026) OR 12 (1957–2021) NY 12 (1966–2026) VA 12 (1981–2024) NE 11 (1992–2025) WI 10 (1981–2024) UT 9 (1991–2022) MO 9 (1997–2024) MA 9 (1976–2025) NV 6 (1970–2019) KY 6 (1978–2020) AZ 6 (1978–2019) WY 6 (1987–2022) KS 6 (2007–2023) SC 6 (2004–2025) MN 5 (1993–2019) LA 5 (1964–2023) DC 4 (2000–2022) AK 4 (1985–2018) MI 4 (1996–2024) ND 4 (1962–2001) MT 4 (1980–2025) IA 4 (1997–2022) SD 4 (1980–2001) NH 3 (2007–2012) CT 3 (1979–2023) WV 3 (1988–1995) NC 3 (2002–2007) AL 3 (1990–2023) MD 3 (1965–2024) OK 3 (1924–1980) TN 2 (1999–2011) VT 2 (2005–2011) DE 2 (2011–2015) RI 2 (1975–2010)

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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