controlling legal principle in Florida

2026Times argues that if this Court “had interpreted the intent of the legislature incorrectly . . . there would undoubtedly be a lot more legislative activity on the issue.” But “[w]e walk on quicksand when we try to find in the absence of corrective legislation a controlling legal principle.” Tsuji v. Fleet, 366 So. 3d 1020 , 1030 (Fla. 2023) (quoting Helvering v. Hallock, 309 U.S. 106, 121 (1940) (Frankfurter, J.)).

2023In the end, the canon against surplusage does not tip the scales in the petitioners’ favor—especially since some degree of surplusage would result under either party’s reading. 3 Nor are we persuaded that the petitioners can infer their way to a win simply because Pezzi has not been expressly repudiated by the Legislature. “[W]e walk on quicksand when we try to find in the absence of corrective legislation a controlling legal principle.” Helvering v. Hallock, 309 U.S. 106, 121 (1940) (Frankfurter, J.).

1973The "Law of the Case" has been defined as meaning, "[W]hatever is once irrevocably established as the controlling legal rule of decision between the same parties in the same case continues to be the `law of the case,' whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before *17 the court." United States Gypsum Co. v. Columbia Casualty Co., 124 Fla. 633 , 169 So. 532, p. 535 (1936).

1973The "Law of the Case" has been defined as meaning, "[W]hatever is once irrevocably established as the controlling legal rule of decision between the same parties in the same case continues to be the `law of the case,' whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before *17 the court." United States Gypsum Co. v. Columbia Casualty Co., 124 Fla. 633 , 169 So. 532, p. 535 (1936).

2024See Cooper v. Paris, 413 So. 2d 772, 774 (Fla. 1st DCA 1982) (noting the court’s affirmative duty to prevent an unlicensed party from benefitting from being rewarded financially for illegal activities); cf. DeLong v. 3015 West Corp., 491 So. 2d 1306, 1307 (Fla. 1st DCA 1986) (excluding the value of illegal materials supplied to a claimant from the calculation of “wages” because the goods could not be legally purchased); O’Kon and Co., Inc. v. Riedel, 540 So. 2d 836 , 840–41 (Fla. 1st DCA 1988) (finding that a nonregistered architect could not legally enforce a lien claim); Rolls v. Bliss & Nyi

2024See Cooper v. Paris, 413 So. 2d 772, 774 (Fla. 1st DCA 1982) (noting the court’s affirmative duty to prevent an unlicensed party from benefitting from being rewarded financially for illegal activities); cf. DeLong v. 3015 West Corp., 491 So. 2d 1306, 1307 (Fla. 1st DCA 1986) (excluding the value of illegal materials supplied to a claimant from the calculation of “wages” because the goods could not be legally purchased); O’Kon and Co., Inc. v. Riedel, 540 So. 2d 836 , 840–41 (Fla. 1st DCA 1988) (finding that a nonregistered architect could not legally enforce a lien claim); Rolls v. Bliss & Nyi

2024See Cooper v. Paris, 413 So. 2d 772, 774 (Fla. 1st DCA 1982) (noting the court’s affirmative duty to prevent an unlicensed party from benefitting from being rewarded financially for illegal activities); cf. DeLong v. 3015 West Corp., 491 So. 2d 1306, 1307 (Fla. 1st DCA 1986) (excluding the value of illegal materials supplied to a claimant from the calculation of “wages” because the goods could not be legally purchased); O’Kon and Co., Inc. v. Riedel, 540 So. 2d 836 , 840–41 (Fla. 1st DCA 1988) (finding that a nonregistered architect could not legally enforce a lien claim); Rolls v. Bliss & Nyi

2010See, e.g., Zaydon v. Wilder, 305 So.2d 81, 83 (Fla. 3d DCA 1974) (indicating the controlling legal principle which entitles a broker to a commission is the existence of a binding contract for sale containing terms acceptable to the seller). 1 We therefore affirm the summary judgment.

2007Outrigger Club, Inc. v. Barkdull, 277 So.2d 15, 16-17 (Fla.1973) (emphasis added); see also Barry Hinnant, Inc. v. Spottswood, 481 So.2d 80 (Fla. 1st DCA 1986).

2007Id.; Schoenwetter v. State, 931 So.2d 857 (Fla.), cert. denied, ___ U.S. ___, 127 S.Ct. 587 , 166 L.Ed.2d 437 (2006); Connor v. State, 803 So.2d 598, 606 (Fla.2001); State v. Weiss, 935 So.2d 110, 116 (Fla. 4th DCA 2006).

2007Outrigger Club, Inc. v. Barkdull, 277 So.2d 15, 16-17 (Fla.1973) (emphasis added); see also Barry Hinnant, Inc. v. Spottswood, 481 So.2d 80 (Fla. 1st DCA 1986).

2007Id.; Schoenwetter v. State, 931 So.2d 857 (Fla.), cert. denied, ___ U.S. ___, 127 S.Ct. 587 , 166 L.Ed.2d 437 (2006); Connor v. State, 803 So.2d 598, 606 (Fla.2001); State v. Weiss, 935 So.2d 110, 116 (Fla. 4th DCA 2006).

1999Nelms v. State, 596 So.2d 441, 442 (Fla.1992); Alvord v. State, 396 So.2d 184, 191 (Fla. 1981); see also, Villavicencio v. State, 719 So.2d 322 (Fla. 3d DCA 1998), rev. denied, 732 So.2d 329 (Fla.1999).

1999Nelms v. State, 596 So.2d 441, 442 (Fla.1992); Alvord v. State, 396 So.2d 184, 191 (Fla. 1981); see also, Villavicencio v. State, 719 So.2d 322 (Fla. 3d DCA 1998), rev. denied, 732 So.2d 329 (Fla.1999).

1999Nelms v. State, 596 So.2d 441, 442 (Fla.1992); Alvord v. State, 396 So.2d 184, 191 (Fla. 1981); see also, Villavicencio v. State, 719 So.2d 322 (Fla. 3d DCA 1998), rev. denied, 732 So.2d 329 (Fla.1999).