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12 Florida opinions name it 1 courts 1980–2018 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.
| Case | Followed | Cited |
|---|---|---|
Novo v. Stategreen1 sentence2018Costa v. Aberle, 96 So. 3d 959, 963 (Fla. 4th DCA 2012). | 1 | 1 |
Smith v. Stategreen1 sentence2015Compare Williams v. State, 145 So.3d 997, 1003 (Fla. 1st DCA 2014) (concluding error in jury instructions was not affirmatively waived where "defense *1236 counsel did not request the defective instruction” and the "record ... reflected] nothing more than unknowing acquiescence”), with Smith v. State, 76 So.3d 1056, 1058 (Fla. 4th DCA 2011) ("The specific issue of whether 'and/or' was appropriate was extensively discussed between the court and the attorneys, and Smith asked for the instruction that he now claims negated his entire defense.... | 1 | 1 |
United Automobile Insurance Company v. Hallandale Open MRI, LLCgreen1 sentence2015Compare Williams v. State, 145 So.3d 997, 1003 (Fla. 1st DCA 2014) (concluding error in jury instructions was not affirmatively waived where "defense *1236 counsel did not request the defective instruction” and the "record ... reflected] nothing more than unknowing acquiescence”), with Smith v. State, 76 So.3d 1056, 1058 (Fla. 4th DCA 2011) ("The specific issue of whether 'and/or' was appropriate was extensively discussed between the court and the attorneys, and Smith asked for the instruction that he now claims negated his entire defense.... | 1 | 1 |
Baber v. Stategreen1 sentence2003See Baber v. State, 775 So.2d 258, 263 (Fla.2000)(hospital records of a blood test made for medical purposes may be admitted in criminal cases pursuant to the business record exception to the hearsay rule; however, defendants must be given a full and fair opportunity to contest the trustworthiness of such records before they are submitted into evidence). | 1 | 1 |
Gould v. Stategreen1 sentence2001Even where a defendant waives the giving of a jury instruction on a necessarily lesser included offense, the state must consent to the waiver; the state "[has] the right to insist on the giving of instructions on necessarily lesser included offenses." State v. Johnson, 601 So.2d 219, 220 (Fla.1992); accord Gallo v. State, 491 So.2d 541, 543 (Fla.1986) (answering in the affirmative the certified question of whether the state is entitled to have jury instructions given on necessarily included lesser offenses in a case where the defendant requests that no such instructions be given and knowingly | 1 | 1 |
State v. Johnsongreen1 sentence2001Even where a defendant waives the giving of a jury instruction on a necessarily lesser included offense, the state must consent to the waiver; the state "[has] the right to insist on the giving of instructions on necessarily lesser included offenses." State v. Johnson, 601 So.2d 219, 220 (Fla.1992); accord Gallo v. State, 491 So.2d 541, 543 (Fla.1986) (answering in the affirmative the certified question of whether the state is entitled to have jury instructions given on necessarily included lesser offenses in a case where the defendant requests that no such instructions be given and knowingly | 1 | 1 |
Gallo v. Stategreen1 sentence2001Even where a defendant waives the giving of a jury instruction on a necessarily lesser included offense, the state must consent to the waiver; the state "[has] the right to insist on the giving of instructions on necessarily lesser included offenses." State v. Johnson, 601 So.2d 219, 220 (Fla.1992); accord Gallo v. State, 491 So.2d 541, 543 (Fla.1986) (answering in the affirmative the certified question of whether the state is entitled to have jury instructions given on necessarily included lesser offenses in a case where the defendant requests that no such instructions be given and knowingly | 1 | 1 |
Behar v. Southeast Banks Trust Co.green1 sentence1999See e.g., Behar v. Southeast Banks Trust Co., N.A., 374 So.2d 572, 575 (Fla. 3d DCA 1979) (stating that “[o]ne who has contributed to alleged error will not be heard to complain on appeal.”); Arsenault v. Thomas, 104 So.2d 120, 122 (Fla. 3d DCA 1958) (providing that “[wjhere a litigant requests and receives a favorable ruling, he cannot later on appeal be heard to complain of the actions of the trial judge in acceding to his requests.”). | 1 | 1 |
Arsenault v. Thomasgreen1 sentence1999See e.g., Behar v. Southeast Banks Trust Co., N.A., 374 So.2d 572, 575 (Fla. 3d DCA 1979) (stating that “[o]ne who has contributed to alleged error will not be heard to complain on appeal.”); Arsenault v. Thomas, 104 So.2d 120, 122 (Fla. 3d DCA 1958) (providing that “[wjhere a litigant requests and receives a favorable ruling, he cannot later on appeal be heard to complain of the actions of the trial judge in acceding to his requests.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
No. 98-2550green1 sentence2005But see Scott v. County of Ramsey, 180 F.3d 913, 918 (8th Cir.1999) (affirming the giving of a jury instruction stating that employment decisions or actions can be made for "a good reason, bad reason or no reason at all, but they cannot be based on intentional retaliation"). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Miles
green
2 sentences2006Cardenas, 867 So.2d at 387 (citing Miles, 775 So.2d at 956-57 ). 2006The Florida Supreme Court heard the case based upon conflicts between the First, Second, and Fifth District Courts of Appeal, regarding the giving of a jury instruction on the presumption of impairment in violation of the Florida Supreme Court's decision in State v. Miles, 775 So.2d 950 (Fla.2000), which held that a trial court should not instruct the jury on the presumption of impairment when the State presents blood-alcohol evidence that it obtained without complying with the quality assurance requirements of the implied consent law. | 1 | 2006–2006 |
Cardenas v. State
green
1 sentence2006Cardenas, 867 So.2d at 387 (citing Miles, 775 So.2d at 956-57 ). | 1 | 2006–2006 |
Rich v. State
green
1 sentence2004NOTES [1] This court in Zuniga v. State, 869 So.2d 1239 (Fla. 2d DCA 2004), and the Fourth District in Rich v. State, 858 So.2d 1210 (Fla. 4th DCA 2003), have since held that the giving of a jury instruction, such as the one given in the present case, could constitute fundamental error. | 1 | 2004–2004 |
Zuniga v. State
green
1 sentence2004NOTES [1] This court in Zuniga v. State, 869 So.2d 1239 (Fla. 2d DCA 2004), and the Fourth District in Rich v. State, 858 So.2d 1210 (Fla. 4th DCA 2003), have since held that the giving of a jury instruction, such as the one given in the present case, could constitute fundamental error. | 1 | 2004–2004 |
Florida Power & Light Company v. McCollum
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Hart v. Jackson
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Florida Motor Lines, Inc. v. Casad
green
2 sentences1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). 1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Thomason v. Miami Transit Company
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Sirmons v. Pittman
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Richardson v. AMERICAN FIDELITY & FIRE INS. CO.
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
McCollum v. Florida Power & Light Co.
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Retty v. Troy
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Scott ex rel. Scott v. Barfield
green
1 sentence1989Thomason v. Miami Transit Co., 100 So.2d 620 (Fla. 1958); Florida Motor Lines v. Casad, 98 Fla. 720 , 124 So. 180 (1929); Scott v. Barfield, 202 So.2d 591 (Fla. 4th DCA 1967); Retty v. Troy, 188 So.2d 568 (Fla. 2d DCA 1966), cert. denied, 200 So.2d 814 (Fla. 1967); Hart v. Jackson, 142 So.2d 326 (Fla. 1st DCA 1962); Sirmons v. Pittman, 138 So.2d 765 (Fla. 1st DCA 1962); McCollum v. Florida Power & Light Co., 125 So.2d 754 (Fla. 3d DCA 1961), cert. discharged, 140 So.2d 569 (Fla. 1962). | 1 | 1989–1989 |
Linehan v. State
green
1 sentence1988Id. at 1264 . | 1 | 1988–1988 |
Johnson v. State
green
1 sentence1983Wilson relied on Carter and on remarks of Judge McNulty who partly concurred and partly dissented in Johnson v. State, 226 So.2d 884 (Fla. 2d DCA 1969). | 1 | 1983–1983 |
Sullivan v. Price
green
1 sentence1980Sullivan v. Price, 386 So.2d 241 (Fla. 1980). | 1 | 1980–1980 |
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.