otherwise valid claim in Florida

12 Florida opinions name it 2 courts 1983–2026 1 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 (9)

Case	Followed	Cited
Henderson v. Stategreen fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2026–2026 1 sentence 2026The Legislature thus and not one we can consider as properly presented for appellate review.”) (internal quotations omitted) (citing Jackmore v. Est. of Jackmore, 145 So. 3d 170, 171 (Fla. 1st DCA 2014) (declining to consider an argument only raised in the summary-of-the-argument section of the initial brief) and Henderson v. State, 569 So. 2d 925, 927 (Fla. 1st DCA 1990) (declining to consider a “perfunctory argument” with “no caselaw or other authority” provided in support)); see Homeowner’s Choice Prop. & Cas.	1	1
Morais v. Stategreen fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2026–2026 1 sentence 2026The Legislature thus and not one we can consider as properly presented for appellate review.”) (internal quotations omitted) (citing Jackmore v. Est. of Jackmore, 145 So. 3d 170, 171 (Fla. 1st DCA 2014) (declining to consider an argument only raised in the summary-of-the-argument section of the initial brief) and Henderson v. State, 569 So. 2d 925, 927 (Fla. 1st DCA 1990) (declining to consider a “perfunctory argument” with “no caselaw or other authority” provided in support)); see Homeowner’s Choice Prop. & Cas.	1	1
Stephen Fischer v. Richard Debrincat and Jason Debrincatgreen fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2018–2018 1 sentence 2018In Debrincat, the court held that the litigation privilege does not bar the filing of a malicious prosecution claim that was based on adding, and later dropping, a party defendant to a civil suit because “‘malicious prosecution could never be established if causing the commencement or continuation of an original proceeding against the plaintiff were afforded absolute immunity under the litigation privilege.’” Id. at 70 (quoting Fischer v. Debrincat, 169 So. 3d 1204, 1207 (Fla. 4th DCA 2015)).	1	1
Percy v. Falcon Fabricators, Inc.green fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See Percy, 584 So.2d at 19 .	1	1
H & F Land v. Panama City-Bay Co. Airportgreen fla · 1999 · cited in 1 Florida opinions naming this issue, 2004–2004 1 sentence 2004In H & F Land, the First District Court of Appeal certified the following question: "Does the Marketable Record Title Act, chapter 712, Florida Statutes, operate to extinguish an otherwise valid claim of a common law way of necessity when such a claim was not asserted within thirty years?" 736 So.2d at 1169 (emphasis supplied).	1	1
Cataract Surgery Center v. Health Care Cost Containment Bd.green fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993 1 sentence 1993According to section 120.54(2)(d), "The failure to provide an adequate statement of economic impact is a ground for holding the rule invalid." Notwithstanding, Florida courts have held that "preparation of an economic impact statement is a procedural requirement, and any defect in its preparation will not defeat an otherwise valid rule so long as the evidence proves that an agency fully considered the economic impact of its action or if it is established that the agency's proposed action will have no economic impact." Cataract Surgery Ctr. v. Health Care Cost Containment Bd., 581 So.2d 1359, 1	1	1
DIVISION OF WORKERS'COMP., ETC. v. McKeegreen fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991See Division of Workers' Compensation v. McKee, 413 So.2d 805 (Fla. 1st DCA 1982); Polk School Bd. of Polk County, 373 So.2d 960 (Fla. 2nd DCA 1979).	1	1
Raisen v. Raisengreen fla · 1979 · cited in 1 Florida opinions naming this issue, 1988–1988 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1
Agrico Chemical Co. v. STATE, ETC.green fladistctapp · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983 1 sentence 1983Cf. Agrico Chemical Company v. State, Department of Environmental Regulation, 365 So.2d 759, 763 (Fla. 1st DCA 1978) (defining "arbitrary and capricious" in the context of legislative authority for an agency rule).	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
Blanton v. City of Pinellas Park green fladistctapp · 2003 2 sentences 2004The court noted the fact that H & F Land stemmed from a claim of a common law way of necessity and the fact that the supreme court's reference to statutory ways of necessity appears only in the stated holding and, because of those facts, certified the question whether MRTA operates "to extinguish an otherwise valid claim of a statutory way of necessity when such claim was not timely asserted under the provisions of that Act?" Blanton, 854 So.2d at 731 . 2004Id.	2	2004–2004
Sprinkler Fitters v. FITR SERV. green fladistctapp · 1984 1 sentence 2026Section 255.05(2)(a)2. also says that “a minor mistake or error in a notice of nonpayment, or a good faith dispute as to the amount unpaid, does not constitute a willful exaggeration that operates to defeat an otherwise valid claim against the bond.” Id.	1	2026–2026
Richard Debrincat v. Stephen Fischer green fla · 2017 2 sentences 2018The Florida Supreme Court recently addressed whether the litigation privilege 1 can bar an otherwise valid claim for malicious prosecution in Debrincat v. Fischer, 217 So. 3d 68 (Fla. 2017). 2018In Debrincat, the court held that the litigation privilege does not bar the filing of a malicious prosecution claim that was based on adding, and later dropping, a party defendant to a civil suit because “‘malicious prosecution could never be established if causing the commencement or continuation of an original proceeding against the plaintiff were afforded absolute immunity under the litigation privilege.’” Id. at 70 (quoting Fischer v. Debrincat, 169 So. 3d 1204, 1207 (Fla. 4th DCA 2015)).	1	2018–2018
Simon v. Progressive Exp. Ins. Co. green fladistctapp · 2005 1 sentence 2014Co., 904 So.2d 449 (Fla. 4th DCA 2005), did not abrogate the English rule of priorities that the Florida Supreme Court announced in Boulevard Nat’l Bank of Miami v. Air Metal Indus., Inc., 176 So.2d 95 (Fla.1965)); and (2) in an action by an assignor for No Fault Insurance benefits founded on a claim of breach of contract, the post-suit exhaustion of benefits absolves the insurer from any responsibility to pay an otherwise valid claim where the exhaustion occurred (a) after the insurer paid an amount that the provider claims is less than the contract requires; (b) after the insurer was served	1	2014–2014
Haliburton v. State green fla · 1987 1 sentence 1997Haliburton v. State, 514 So.2d 1088 (Fla.1987).	1	1997–1997
Barnett Bank v. Estate of Read green fla · 1986 1 sentence 1991Barnett Bank v. Estate of Read, 493 So.2d 447 (Fla. 1986); Goggin v. Shanley, 81 So.2d 728 (Fla. 1955).	1	1991–1991
Polk v. School Bd. of Polk County green fladistctapp · 1979 1 sentence 1991See Division of Workers' Compensation v. McKee, 413 So.2d 805 (Fla. 1st DCA 1982); Polk School Bd. of Polk County, 373 So.2d 960 (Fla. 2nd DCA 1979).	1	1991–1991
Goggin v. Shanley green fla · 1955 1 sentence 1991Barnett Bank v. Estate of Read, 493 So.2d 447 (Fla. 1986); Goggin v. Shanley, 81 So.2d 728 (Fla. 1955).	1	1991–1991
Dressler v. Tubbs green fla · 1983 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988
Roberts v. Roberts green fla · 1982 1 sentence 1988I would rephrase the certified question to read "Does the doctrine of interspousal immunity bar an otherwise valid claim by an injured passenger's spouse against the estate of the deceased spouse who died as a result of the accident, and whose negligence proximately caused such injuries." I *1132 would answer that question, as rephrased, in the negative, and to the extent necessary, I would recede from Roberts v. Roberts, 414 So.2d 190 (Fla. 1982).	1	1988–1988
Ard v. Ard green fla · 1982 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988
Corren v. Corren green fla · 1950 2 sentences 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct. 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988
Raisen v. Raisen green scotus · 1980 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988
Wainwright v. Scott green scotus · 1980 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988
Wilmot v. Walker green scotus · 1980 1 sentence 1988NOTES [1] See Corren v. Corren, 47 So.2d 774 , (Fla. 1950). [2] See Dressler v. Tubbs, 435 So.2d 792 (Fla. 1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren, 47 So.2d 774 (Fla. 1950). [4] § 708.08, Fla. Stat. (1977). [5] Raisen v. Raisen, 379 So.2d 352, 357 (Fla. 1979) (England, C.J. and Adkins and Sundberg, JJ., dissenting), cert. denied, 449 U.S. 886 , 101 S.Ct.	1	1988–1988

Statutes the citing opinions construe

FL § 120.54 (3)

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

NY 23 (1936–2025) CA 21 (1987–2024) WA 16 (1977–2025) IN 15 (1983–2020) CT 14 (1982–2016) FL 12 (1983–2026) IL 11 (1980–2004) TX 10 (1994–2023) MI 9 (1944–2026) MS 8 (1992–2009) OH 7 (1986–2018) KY 7 (1985–2024) OR 7 (1996–2017) PA 6 (1984–2019) AL 6 (1988–2016) DE 6 (1994–2024) TN 4 (1953–2013) AK 3 (1984–1989) MN 3 (1985–2011) NJ 3 (1990–2012) NC 3 (2003–2005) NE 3 (1983–2024) OK 2 (2008–2009) GA 2 (1977–1998) LA 2 (1982–1985) MA 2 (2002–2012) SD 2 (1975–1978) VA 2 (1991–1991) AZ 2 (1976–2003) RI 2 (2007–2011) NM 2 (1954–2000) WI 2 (2012–2017)

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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