applicability of the statutory immunity (Florida) · Go Syfert
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applicability of the statutory immunity in Florida

12 Florida opinions name it 2 courts 2010–2020 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 (4)

CaseFollowedCited
Dennis v. Stategreen
fla · 2010 · cited in 10 Florida opinions naming this issue, 2011–2020
2 sentences

2020The court then turned its attention to whether the procedural amendment applies retroactively and ultimately determined that it does trial court must then “decide the factual question of the applicability of the statutory immunity.” Id. (quoting Dennis v. State, 51 So. 3d 456, 458 (Fla. 2010)). 2 not.

2019The trial court must then “decide the factual question of the applicability of the statutory immunity.” Id. (quoting Dennis v. State, 51 So. 3d 456, 458 (Fla. 2010)). for immunity, the state must prove by clear and convincing evidence that immunity does not apply.

810
Plumhoff v. Rickardgreen
scotus · 2014 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See also Plumhoff v. Rickard, 134 S. Ct. 2012 (2014) (allowing interlocutory appeal of summary-judgment order denying qualified immunity, and distinguishing Johnson on the ground that the disputed issue in Johnson was purely factual).

11
Steinhorst v. Stategreen
fla · 1994 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., Steinhorst v. State, 636 So.2d 498, 500 (Fla.1994) (concluding that trial court should have treated criminal defendant’s motion, improperly designated as being filed pursuant to Florida Rule of Civil Procedure 1.540, as being properly filed *463 pursuant to Florida Rule of Criminal Procedure 3.850); cf. Barrett v. State, 965 So.2d 1260, 1261 (Fla. 2d DCA 2007) (“Article V, section 2(a) of the Florida Constitution requires that no cause be dismissed because an improper remedy has been sought.

11
Barrett v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., Steinhorst v. State, 636 So.2d 498, 500 (Fla.1994) (concluding that trial court should have treated criminal defendant’s motion, improperly designated as being filed pursuant to Florida Rule of Civil Procedure 1.540, as being properly filed *463 pursuant to Florida Rule of Criminal Procedure 3.850); cf. Barrett v. State, 965 So.2d 1260, 1261 (Fla. 2d DCA 2007) (“Article V, section 2(a) of the Florida Constitution requires that no cause be dismissed because an improper remedy has been sought.

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 (1)

CaseCitedYears
Jared Bretherick v. State of Florida red
fla · 2015
2 sentences

2019The trial court must then “decide the factual question of the applicability of the statutory immunity.” Id. (quoting Dennis v. State, 51 So. 3d 456, 458 (Fla. 2010)). for immunity, the state must prove by clear and convincing evidence that immunity does not apply.

2019That issue was later decided in Bretherick v. State, 170 So. 3d 766 (Fla. 2015).

22019–2019

Statutes the citing opinions construe

FL § 776.032 (11)

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.

Where else courts name it

FL 12 (2010–2020) NY 6 (1980–2025) CA 3 (1986–2026) OK 2 (1994–1994) TN 2 (1999–2010)

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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