withdrawal waiver in Florida

13 Florida opinions name it 3 courts 1956–2016 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)

Case	Followed	Cited
Sheppard v. Stategreen fla · 2009 · cited in 1 Florida opinions naming this issue, 2016–2016 2 sentences 2016See Sheppard v. State, 17 So. 3d 275, 283 (Fla. 2009) (noting that defendant bears the burden of proving a manifest injustice in a motion to withdraw a plea after sentencing). 2016See Sheppard v. State, 17 So.3d 275, 283 (Fla.2009) (noting that defendant bears the burden of proving a manifest injustice in a motion to withdraw a plea after sentencing).	1	1
Orange State Marine v. Snackgreen fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012Significantly, this court has previously held that an attorney’s right to a fee under section 440.30 “vests upon his attendance at a deposition” that is taken in the absence of a “claim.” See Orange State Marine v. Snack, 382 So.2d 1367, 1368 (Fla. 1st DCA 1980) (“As for the jurisdictional challenge, the attorney’s right to a fee vests upon his attendance at a deposition which comes within the provisions of section 440.30 and the Judge is not divested of jurisdiction to award the fee by the withdrawal of the claim.”).	1	1
State v. Slappygreen fla · 1988 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991We realize that under State v. Slappy, 522 So.2d 18, 21 (Fla.), cert. denied, 487 U.S. 1219 , 108 S.Ct. 2873 , 101 L.Ed.2d 909 (1988), the striking of even a single black juror for racial reasons is impermissible.	1	1
State, Dept. of Transp. v. Knowlesgreen fla · 1981 · cited in 1 Florida opinions naming this issue, 1989–1989 1 sentence 1989Assuming arguendo that it could be said Crane had acquired any vested rights with respect to his existing license, the applicable test for the validity of the retroactive legislation is found in State Department of Transportation v. Knowles, 402 So.2d 1155, 1158 (Fla.1981). 1 Here, the public interest in strict regulation of carrying concealed weapons is very great in comparison with the withdrawal of that privilege, for a three-year period, for anyone who has had a felony disposition.	1	1
In re Rule 1.080, Service of Pleadings & Papers, Florida Rules of Civil Proceduregreen fla · 1979 · cited in 1 Florida opinions naming this issue, 1980–1980 1 sentence 1980In re: Rule 9.140, supra at n. 2.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Floyd v. State green fla · 1956 2 sentences 1995As we noted in Floyd : It would appear to us that the fundamental and cherished right of trial by jury will best be protected and be caused to "remain inviolate" if the withdrawal of the waiver to such a trial is refused by a court only when it is not seasonably made in good faith, or is made to obtain a delay, or it appears that some real harm will be done to the public. 90 So.2d at 106 . 1990It has been said that a withdrawal of a waiver of trial by jury should be refused when not seasonably made in good faith, when the motion is made to obtain delay or if it appears that some real harm will be done to the public if withdrawal is permitted, Floyd supra; Berry v State, 203 So.2d 336 (Fla. 2d DCA 1967); Baker v Wainwright, 245 So.2d 289 (Fla. 4th DCA 1971).	4	1971–2000
Taylor v. State green fla · 1991 1 sentence 1991Taylor, 583 So.2d at 327 .	1	1991–1991
Galloway Farms, Inc. v. Phoenix Mutual Life Insurance green scotus · 1988 1 sentence 1991We realize that under State v. Slappy, 522 So.2d 18, 21 (Fla.), cert. denied, 487 U.S. 1219 , 108 S.Ct. 2873 , 101 L.Ed.2d 909 (1988), the striking of even a single black juror for racial reasons is impermissible.	1	1991–1991
Andrews v. Adams green scotus · 1988 1 sentence 1991We realize that under State v. Slappy, 522 So.2d 18, 21 (Fla.), cert. denied, 487 U.S. 1219 , 108 S.Ct. 2873 , 101 L.Ed.2d 909 (1988), the striking of even a single black juror for racial reasons is impermissible.	1	1991–1991
Men's International Professional Tennis Council v. Volvo North America Corp. green scotus · 1988 1 sentence 1991We realize that under State v. Slappy, 522 So.2d 18, 21 (Fla.), cert. denied, 487 U.S. 1219 , 108 S.Ct. 2873 , 101 L.Ed.2d 909 (1988), the striking of even a single black juror for racial reasons is impermissible.	1	1991–1991
Berry v. State green fladistctapp · 1967 1 sentence 1990It has been said that a withdrawal of a waiver of trial by jury should be refused when not seasonably made in good faith, when the motion is made to obtain delay or if it appears that some real harm will be done to the public if withdrawal is permitted, Floyd supra; Berry v State, 203 So.2d 336 (Fla. 2d DCA 1967); Baker v Wainwright, 245 So.2d 289 (Fla. 4th DCA 1971).	1	1990–1990
Baker v. Wainwright neutral fladistctapp · 1971 1 sentence 1990It has been said that a withdrawal of a waiver of trial by jury should be refused when not seasonably made in good faith, when the motion is made to obtain delay or if it appears that some real harm will be done to the public if withdrawal is permitted, Floyd supra; Berry v State, 203 So.2d 336 (Fla. 2d DCA 1967); Baker v Wainwright, 245 So.2d 289 (Fla. 4th DCA 1971).	1	1990–1990
Foley v. Weaver Drugs, Inc. green fla · 1965 1 sentence 1973There was justification for the case of Foley v. Weaver Drugs, Inc. (Fla. 1965), 177 So.2d 221 , at the time it was rendered because it was a reforming step away from the rigid rules then existing declining certiorari review.	1	1973–1973
Atlantic Coast Line Railroad Company v. The State of Florida Ex Rel. R. Hudson Burr, A. S. Wells, Etc. neutral scotus · 1926 1 sentence 1959Louis v. Pierce, 273 U.S. 730 , 47 S.Ct. 240 , 71 L.Ed. 863 .” It should be noticed that the withdrawal of the claim in this case by the mortgagee would not prejudice the estate of any rights in the homestead as the homestead is not under the control of the probate court.	1	1959–1959
Gillespie v. United States neutral scotus · 1926 1 sentence 1959Louis v. Pierce, 273 U.S. 730 , 47 S.Ct. 240 , 71 L.Ed. 863 .” It should be noticed that the withdrawal of the claim in this case by the mortgagee would not prejudice the estate of any rights in the homestead as the homestead is not under the control of the probate court.	1	1959–1959
Hodgman v. Atlantic Refining Co. neutral scotus · 1926 1 sentence 1959Louis v. Pierce, 273 U.S. 730 , 47 S.Ct. 240 , 71 L.Ed. 863 .” It should be noticed that the withdrawal of the claim in this case by the mortgagee would not prejudice the estate of any rights in the homestead as the homestead is not under the control of the probate court.	1	1959–1959
Newton v. State neutral miss · 1951 2 sentences 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 . 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 .	1	1956–1956
State v. Rankin green conn · 1925 2 sentences 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 . 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 .	1	1956–1956
Wilson v. State green gactapp · 1939 2 sentences 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 . 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 .	1	1956–1956
People v. Melton green calctapp · 1954 2 sentences 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 . 1956State v. Rankin, 102 Conn. 46 , 127 A. 916 ; Wilson v. State, 60 Ga. App. 641 , 4 S.E.2d 688 ; People v. Melton, 125 Cal. App.2d Supp. 901, 271 P.2d 962 , 46 A.L.R. 2d 914 ; Newton v. State, 211 Miss. 644 , 52 So.2d 488 .	1	1956–1956

Where else courts name it

MO 89 (1928–2019) TX 36 (1944–2026) PA 29 (1862–2025) IL 21 (1969–2025) CA 17 (1912–2022) FL 13 (1956–2016) NY 13 (1879–2013) MI 13 (1976–2026) IN 12 (1888–1989) VA 11 (1884–2011) GA 9 (1885–2025) IA 8 (1968–2017) NC 7 (1956–2019) CT 7 (1950–2017) MT 7 (1930–2026) MD 6 (1978–2022) OH 6 (2005–2020) CO 5 (1926–2019) MS 5 (2007–2024) OK 5 (1938–2025) ME 4 (2006–2023) MA 4 (1998–2013) OR 4 (1902–2021) NV 3 (1978–2015) KS 3 (2000–2022) WA 3 (1984–2020) MN 3 (1971–2014) DC 3 (1999–2014) TN 3 (1989–2025) NE 3 (1957–2016) AL 3 (1888–1983) NJ 2 (2012–2017) KY 2 (2001–2021) UT 2 (2006–2006) HI 2 (1961–2003) VT 2 (2005–2018) NH 2 (1985–2020)

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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