test for harmful error (Florida) · Go Syfert
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test for harmful error in Florida

12 Florida opinions name it 1 courts 1984–2016 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)

CaseFollowedCited
Katos v. Cushinggreen
fladistctapp · 1992 · cited in 5 Florida opinions naming this issue, 2000–2016
2 sentences

2014As set forth in Katos v. Cushing, 601 So.2d 612 (Fla. 3d DCA 1992), “the test for harmful error is whether, but for such error, a different result may have been reached.” Id. at 613 , (emphasis added).

2014As set forth in Katos v. Cushing, 601 So.2d 612 (Fla. 3d DCA 1992), “the test for harmful error is whether, but for such error, a different result may have been reached.” Id. at 613 , (emphasis added).

45
National Union Fire Ins. Co. v. Blackmongreen
fladistctapp · 2000 · cited in 4 Florida opinions naming this issue, 2003–2010
2 sentences

2006Co. of Pittsburgh v. Blackmon, 754 So.2d 840, 843 (Fla. 1st DCA 2000) (citing Katos v. Cushing, 601 So.2d 612, 613 (Fla. 3d DCA 1992)) (stating the test for harmful error in a civil case is whether, “but for such error,” a different result may have been reached); see also § 59.041, Fla. Stat. (2002).

2003Co. of Pittsburgh v. Blackmon, 754 So.2d 840, 843 (Fla. 1st DCA 2000) (noting that the test for harmful error pursuant to section 59.041 is "`whether, but for such error, a different result may have been reached'"). *881 The final judgment is reversed, and the case is remanded for a new trial.

44
City of Ocala v. Red Oak Farm, Inc.green
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010See generally City of Ocala v. Red Oak Farm, Inc., 673 So.2d 86 (Fla. 5th DCA 1996) (harmfulness of evidentiary ruling highlighted by vigorous trial advocacy in support of ruling reversed by appellate court).

2010See generally City of Ocala v. Red Oak Farm, Inc., 673 So.2d 86 (Fla. 5th DCA 1996) (harmfulness of evi-dentiary ruling highlighted by vigorous trial advocacy in support of ruling reversed by appellate court).

11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Co. v. Dupont, 455 So.2d 1026, 1029 (Fla.1984); Stecher v. Pomeroy, 244 So.2d 488 (Fla. 4th DCA), writ discharged, 253 So.2d 421 (Fla.1971); compare State v. DiGuilio, 491 So.2d 1129, 1138 (Fla.1986)(in criminal proceedings "[t]he harmless error test ... places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction.").

11
White Const. Co., Inc. v. Dupontgreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Co. v. Dupont, 455 So.2d 1026, 1029 (Fla.1984); Stecher v. Pomeroy, 244 So.2d 488 (Fla. 4th DCA), writ discharged, 253 So.2d 421 (Fla.1971); compare State v. DiGuilio, 491 So.2d 1129, 1138 (Fla.1986)(in criminal proceedings "[t]he harmless error test ... places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction.").

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 (5)

CaseCitedYears
Anthony v. Douglas green
fladistctapp · 1967
2 sentences

1999Anthony v. Douglas, 201 So.2d 917 (Fla. 4th DCA 1967).

1984Anthony v. Douglas, 201 So.2d 917 (Fla. 4th DCA 1967).

21984–1999
Williams v. State green
fla · 2003
1 sentence

2004NOTES [1] Section 782.04(2), Florida Statutes (2002). [2] In Williams v. State, 863 So.2d 1189 (Fla.2003), the supreme court instructed that the test for harmful error is not a(1) sufficiency of the evidence, (2) correct result, (3) "not clearly wrong," (4) substantial evidence, (4) "more probable than not, (5) clear and convincing, or even (6) an overwhelming evidence test." Instead, the focus is on the effect of the error on the trier of fact.

12004–2004
Stecher v. Pomeroy green
fla · 1971
1 sentence

2000Co. v. Dupont, 455 So.2d 1026, 1029 (Fla.1984); Stecher v. Pomeroy, 244 So.2d 488 (Fla. 4th DCA), writ discharged, 253 So.2d 421 (Fla.1971); compare State v. DiGuilio, 491 So.2d 1129, 1138 (Fla.1986)(in criminal proceedings "[t]he harmless error test ... places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction.").

12000–2000
Stecher v. Pomeroy neutral
fladistctapp · 1971
1 sentence

2000Co. v. Dupont, 455 So.2d 1026, 1029 (Fla.1984); Stecher v. Pomeroy, 244 So.2d 488 (Fla. 4th DCA), writ discharged, 253 So.2d 421 (Fla.1971); compare State v. DiGuilio, 491 So.2d 1129, 1138 (Fla.1986)(in criminal proceedings "[t]he harmless error test ... places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction.").

12000–2000
Marks v. Delcastillo green
fladistctapp · 1980
1 sentence

1992Marks v. Delcastillo, 386 So.2d 1259 , 1267 n. 15 (Fla. 3d DCA 1980), rev. denied, 397 So.2d 778 (Fla. 1981).

11992–1992

Statutes the citing opinions construe

FL § 59.041 (4)

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 (1984–2016) GA 11 (1996–2018) TX 7 (1988–2001)

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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