bench bar (Florida) · Go Syfert
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bench bar in Florida

83 Florida opinions name it 3 courts 1912–2019 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 (28)

CaseFollowedCited
Baruch v. Giblengreen
fla · 1935 · cited in 6 Florida opinions naming this issue, 1981–2013
2 sentences

2013When attorney fees are improperly awarded, a “species of social malpractice [results] that undermines the confidence of the public in the bench and bar.... [I]t brings the court into disrepute and destroys its power to perform adequately the function of its creation.” Baruch v. Giblin, 122 Fla. 59 , 164 So. 831, 833 (1935).

2013When attorney fees are improperly awarded, a “species of social malpractice [results] that undermines the confidence of the public in the bench and bar.... [I]t brings the court into disrepute and destroys its power to perform adequately the function of its creation.” Baruch v. Giblin, 122 Fla. 59 , 164 So. 831, 833 (1935).

56
Marion County Hospital District v. Akinsgreen
fladistctapp · 1983 · cited in 5 Florida opinions naming this issue, 1984–2016
2 sentences

2016Dist. v. Akins, 435 So. 2d 272, 273 (Fla. 1st DCA 1983) (“It is a long-standing rule of appellate jurisprudence that the court will not undertake to resolve issues which, though of interest to the bench and bar, are not dispositive of the particular case before the court.”).

2016Dist. v. Akins, 435 So.2d 272, 273 (Fla. 1st DCA 1983) (“It is a long-standing rule of appellate jurisprudence that the court will not undertake to resolve issues which, though of interest to the bench and bar, are not dispositive of the particular case before the court”).

55
Wilson v. Wainwrightgreen
fla · 1985 · cited in 2 Florida opinions naming this issue, 1986–1988
2 sentences

1988We simply cannot on the one hand instruct the bench and bar, as we did in Wilson v. Wainwright, 474 So.2d 1162, 1165 (Fla. 1985), that `[a] perfunctory appointment of counsel without consideration for counsel's ability to fully, fairly and zealously advocate the defendant's cause is a denial of meaningful representation which will not be tolerated,' and at the same time deny the courts the ability to exceed the fee limits when necessary to do justice.

1986We simply cannot on the one hand instruct the bench and bar, as we did in Wilson v. Wainwright, 474 So.2d 1162, 1165 (Fla. 1985), that "[a] perfunctory appointment of counsel without consideration of counsel's ability to fully, fairly and zealously advocate the defendant's cause is a denial of meaningful representation which will not be tolerated," and at the same time deny the courts the ability to exceed the fee limits when necessary to do justice.

22
In Re Amendments to Fla. Evidence Codegreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Code, 782 So. 2d 339, 339 (Fla. 2000) (“We have for consideration the - 32 - adopt or amend whatever procedural rule we want, on our own, at any time, and without publication, comment, or input from the bench and bar.

11
Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.green
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Bd., 884 So. 2d 257 , 264 (Fla. 2d DCA 2004) ("It is a long-standing rule of appellate jurisprudence that the appellate court should not undertake to resolve issues which, though of interest to the bench and bar, are not dispositive of the particular case before the court.").

11
Polk County v. Sofkagreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Polk County v. Sofka, 702 So.2d 1243, 1245 (Fla.1997) (holding that “courts are bound to take notice of the limits of their authority and if want of jurisdiction appears at any stage of the proceedings, original or appellate, the court should notice the defect and enter an appropriate order”); Marion County Hosp.

11
Auman v. LEVEROCK'S SEAFOOD HOUSEgreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015To the extent this holding may lead to results in some cases that contravene the purpose of the Florida Workers’ Compensation Law to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer,” § 440.015, Fla. Stat. (2006), we leave it to the Legislature to remedy the situation. “[I]f the legislature did not contemplate such a result, it can always amend the statute to make its purpose clear.” Auman, 997 So.2d at 479 (Webster, J., concurring).

11
Harrison v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015As Judge Ray pointed out in Harrison v. State, 146 So.3d 76, 79 (Fla. 1st DCA), review denied, 153 So.3d 909 (Fla.2014), the commonsense argument that no notice of the accused’s right to a hearing to contest the amount of the lien is called for when the trial court imposes the statutory minimum “has appeal based on logic and sound legal reasoning.” The Harrison panel decided it was “not at liberty to recede from our case law directly on point, which requires that a defendant be given the ‘opportunity to object’ to the cost of defense, even where the mandatory, minimum amount is imposed” and co

11
Ziontz v. Ocean Trail Unit Owners Ass'ngreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009See generally Ziontz v. Ocean Trail Unit Owners Assoc., 663 So.2d 1334, 1336 (Fla. 4th DCA 1993).

2009See generally Ziontz v. Ocean Trail Unit Owners Assoc., 663 So.2d 1334, 1336 (Fla. 4th DCA 1993).

11
Padgett v. Stategreen
indctapp · 2007 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008The Court's choice to explain its reasoning in a footnote does not make the language any less significant or "unnecessary to the holding." See Padgett v. State, 875 N.E.2d 310, 315-16 (Ind. Ct.App.2007) ("While ... `footnotes are comments upon the text rather than a part of it,' such footnotes, as are indicative of an intent to benefit the bench and bar, are deserving of `respect from a[] ... court and require[] special consideration.'") (quoting Ewing v. State, 171 Ind.App. 593 , 358 N.E.2d 204, 206 (1976)). [19] See Ingram v. State, No. CR-03-1707, ___ So.2d ___, 2006 WL 2788984 (Ala.Crim.Ap

11
Ewing v. Stategreen
indctapp · 1976 · cited in 1 Florida opinions naming this issue, 2008–2008
2 sentences

2008The Court's choice to explain its reasoning in a footnote does not make the language any less significant or "unnecessary to the holding." See Padgett v. State, 875 N.E.2d 310, 315-16 (Ind. Ct.App.2007) ("While ... `footnotes are comments upon the text rather than a part of it,' such footnotes, as are indicative of an intent to benefit the bench and bar, are deserving of `respect from a[] ... court and require[] special consideration.'") (quoting Ewing v. State, 171 Ind.App. 593 , 358 N.E.2d 204, 206 (1976)). [19] See Ingram v. State, No. CR-03-1707, ___ So.2d ___, 2006 WL 2788984 (Ala.Crim.Ap

2008The Court's choice to explain its reasoning in a footnote does not make the language any less significant or "unnecessary to the holding." See Padgett v. State, 875 N.E.2d 310, 315-16 (Ind. Ct.App.2007) ("While ... `footnotes are comments upon the text rather than a part of it,' such footnotes, as are indicative of an intent to benefit the bench and bar, are deserving of `respect from a[] ... court and require[] special consideration.'") (quoting Ewing v. State, 171 Ind.App. 593 , 358 N.E.2d 204, 206 (1976)). [19] See Ingram v. State, No. CR-03-1707, ___ So.2d ___, 2006 WL 2788984 (Ala.Crim.Ap

11
Ingram v. Stategreen
alacrimapp · 2006 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008The Court's choice to explain its reasoning in a footnote does not make the language any less significant or "unnecessary to the holding." See Padgett v. State, 875 N.E.2d 310, 315-16 (Ind. Ct.App.2007) ("While ... `footnotes are comments upon the text rather than a part of it,' such footnotes, as are indicative of an intent to benefit the bench and bar, are deserving of `respect from a[] ... court and require[] special consideration.'") (quoting Ewing v. State, 171 Ind.App. 593 , 358 N.E.2d 204, 206 (1976)). [19] See Ingram v. State, No. CR-03-1707, ___ So.2d ___, 2006 WL 2788984 (Ala.Crim.Ap

11
Miller v. First American Bank and Trustgreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007It [sic] does more than that; it brings the court into disrepute and destroys its power to perform adequately the function of its creation." Miller, 607 So.2d at 485, n. 4 (quoting Baruch v. Giblin, 122 Fla. 59 , 164 So. 831, 833 (1935)).

11
Newsom v. Newsomgreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2001–2001
11
Cochran v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 1999–1999
11
Kahles v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 1997–1997
11
State v. Kahlesgreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 1997–1997
11
Casa Clara Condo. Ass'n v. Charley Toppino and Sons, Inc.red
fla · 1993 · cited in 1 Florida opinions naming this issue, 1995–1995
11
Florida Audubon Soc. v. Ratnergreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1991–1991
11
Chapman v. Universal Underwriters Ins.green
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 1990–1990
11
Bowers v. COM., DEPT. OF HIGHWAYS & TRANSP.green
va · 1983 · cited in 1 Florida opinions naming this issue, 1986–1986
11
Messina v. Burdengreen
va · 1984 · cited in 1 Florida opinions naming this issue, 1986–1986
11
James v. Janegreen
va · 1980 · cited in 1 Florida opinions naming this issue, 1986–1986
11
Lawhorne v. Harlangreen
va · 1973 · cited in 1 Florida opinions naming this issue, 1986–1986
11
Hinchey v. Ogdengreen
va · 1983 · cited in 1 Florida opinions naming this issue, 1986–1986
11
Banks v. Sellersgreen
va · 1982 · cited in 1 Florida opinions naming this issue, 1986–1986
11
Canakaris v. Canakarisgreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 1982–1982
11
Commercial Carrier Corp. v. Indian River Cty.green
fla · 1979 · cited in 1 Florida opinions naming this issue, 1982–1982
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 (52)

CaseCitedYears
Florida Patient's Compensation Fund v. Rowe green
fla · 1985
2 sentences

1992This unfortunate practice "results in a species of social malpractice that undermines the confidence of the public in the bench and bar." Florida Patient's Compensation Fund v. Rowe, 472 So.2d at 1149-1150 , quoting Baruch v. Giblin, 122 Fla. 59, 63 , 164 So. 831, 833 (1935).

1991This unfortunate practice "resulting in a species of social malpractice that undermines the confidence of the public in the bench and bar." Rowe, 472 So.2d at 1149-1150 , quoting Baruch v. Giblin, 122 Fla. 59, 63 , 164 So. 831, 833 (Fla. 1935).

21991–1992
Johnson v. First City Bank of Gainesville green
fladistctapp · 1986
2 sentences

1990Because we do not have jurisdiction, we cannot remand this case to the trial court with directions to enter a written order of dismissal, thereby allowing the state to proceed under Florida Rule of Appellate Procedure 9.140(c)(1)A. As this court previously stated in Johnson, supra : [W]e are not inclined to encourage the trial bench and bar in practices which result in the appeal of such nonappealable orders by accommodating the parties as our sister court has done in *905 Gries.

1989We stated that "we are not inclined to encourage the trial bench and bar in practices which result in the appeal of such nonappealable orders by accommodating the parties as our sister court has done in Gries." Johnson, 491 So.2d at 1218 .

21989–1990
Matter of Use by Tr. Cts. of Stand. Jury Inst. green
fla · 1981
2 sentences

1981For this reason, our opinion of April 16, 1981, 431 So.2d 594 , is modified to reflect that the effective date of the schedule of lesser included offenses is October 1, 1981, and the schedule remains subject to modification following consideration of comments and proposed implementing rules.

1981For this reason, our opinion of April 16, 1981, 431 So.2d 594 , is modified to reflect that the effective date of the schedule of lesser included offenses is October 1, 1981, and the schedule remains subject to modification following consideration of comments and proposed implementing rules.

21981–1981
Sonny Boy's Fruit Co. v. Compton green
fla · 1950
2 sentences

1960The peremptory writ issued in the court below which, in effect, reversed the action of the City Manager-Director of Public Safety, should be and it is hereby upheld.” Mr. Justice Hobson, in writing the opinion of the Supreme Court of Florida in U. S. Casualty Co. v. Maryland Casualty Co., Fla.1951, 55 So.2d 741, 743 , stated: “It is crystal clear that our burden upon this appeal is to determine for the benefit of the bench and bar, as well as the Florida Industrial Commission, just what weight the full Commission should give to the Deputy Commissioner’s findings of facts when such findings are

1951It is crystal clear that our burden upon this appeal is to determine for the benefit of the bench and bar, as well as the Florida Industrial Commission, just what weight the full Commission should give to the Deputy Commissioner's findings of facts when such findings are before said Commission at the time it performs its statutory duty of considering "the matter upon the record * * *." (Italics supplied.) In considering this matter we should also decide whether under existing statutory law we should adhere to our pronouncement that "the probity of the evidence is for the Industrial Commission

21951–1960
Acker v. Acker green
fladistctapp · 2002
1 sentence

2019The better practice, indeed the preferred practice, is for the trial court to indicate on the record its findings and conclusions."), receded from on other grounds, Acker v. Acker, 821 So. 2d 1088 (Fla. 3d DCA 2002).

12019–2019
Ritter v. DEPT. OF CHILDREN AND FAMILY SERVICES green
fladistctapp · 1997
1 sentence

2017It is a contributing factor in the continuing decline of public respect for lawyers ... and judges ...." Ritter v. Dep't of Child. & Fam.Servs. , 700 So.2d 804 , 807 (Fla. 5th DCA 1997) (Harris, J., concurring).

12017–2017
Ohio v. Akron Center for Reproductive Health green
scotus · 1990
2 sentences

2014I endorse Judge Makar’s reference to Justice Kennedy’s remarks in Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 520 , 110 S.Ct. 2972 , 111 L.Ed.2d 405 (1990), as underscoring this principle. 9 An outlying opinion from this Court, consisting of two disparate concurring opinions and a vigorous dissent does little to protect these interests or serve to enlighten the bench and bar.

2014I endorse Judge Makar’s reference to Justice Kennedy’s remarks in Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 520 , 110 S.Ct. 2972 , 111 L.Ed.2d 405 (1990), as underscoring this principle. 9 An outlying opinion from this Court, consisting of two disparate concurring opinions and a vigorous dissent does little to protect these interests or serve to enlighten the bench and bar.

12014–2014
R.J. Reynolds Tobacco Co. v. Martin green
fladistctapp · 2010
1 sentence

2012Reynolds Tobacco Co. v. Martin, 53 So.3d 1060 (Fla. 1st DCA 2010). .Standard jury instructions, while neither binding nor perfect, are neutral and reliable because they represent the product of laborious and nuanced discussions among highly experienced and knowledgeable members of the bench and bar; proposed instructions are then published for public comment; and oftentimes, oral argument is held in the Florida Supreme Court, which reviews proposed instructions for possible adoption.

12012–2012
Rasten v. Gelbond green
scotus · 2002
1 sentence

2003This Court addressed a similar contention in Bottoson v. Moore, 833 So.2d 693 ,(Fla. 2002), cert. denied, 123 S.Ct. 662 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. denied, 123 S.Ct. 657 (2002), and denied relief.

12003–2003
Hinnant v. Jones green
scotus · 2002
1 sentence

2003This Court addressed a similar contention in Bottoson v. Moore, 833 So.2d 693 ,(Fla. 2002), cert. denied, 123 S.Ct. 662 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. denied, 123 S.Ct. 657 (2002), and denied relief.

12003–2003
Whipple v. State green
fladistctapp · 1983
1 sentence

2003Whipple v. State, 431 So.2d 1011 (Fla. 2d DCA 1983).

12003–2003
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2003They did not appear on his back, which was consistent with Montgomery being tied to a tree or post. [7] The trial court ruled as follows on the admissibility of the Williams rule evidence in the penalty phase: So I'm just going to resolve that issue on any Williams rule evidence by requiring the State before it makes an offer or asks a question that would elicit Williams rule testimony to approach the bench with defense counsel and let us argue at that point the admissibility on the proffered Williams rule evidence. [8] Conahan waived his right to a jury during the guilt phase; however, a jury

2003They did not appear on his back, which was consistent with Montgomery being tied to a tree or post. [7] The trial court ruled as follows on the admissibility of the Williams rule evidence in the penalty phase: So I'm just going to resolve that issue on any Williams rule evidence by requiring the State before it makes an offer or asks a question that would elicit Williams rule testimony to approach the bench with defense counsel and let us argue at that point the admissibility on the proffered Williams rule evidence. [8] Conahan waived his right to a jury during the guilt phase; however, a jury

12003–2003
Ring v. Arizona green
scotus · 2002
2 sentences

2003They did not appear on his back, which was consistent with Montgomery being tied to a tree or post. [7] The trial court ruled as follows on the admissibility of the Williams rule evidence in the penalty phase: So I'm just going to resolve that issue on any Williams rule evidence by requiring the State before it makes an offer or asks a question that would elicit Williams rule testimony to approach the bench with defense counsel and let us argue at that point the admissibility on the proffered Williams rule evidence. [8] Conahan waived his right to a jury during the guilt phase; however, a jury

2003They did not appear on his back, which was consistent with Montgomery being tied to a tree or post. [7] The trial court ruled as follows on the admissibility of the Williams rule evidence in the penalty phase: So I'm just going to resolve that issue on any Williams rule evidence by requiring the State before it makes an offer or asks a question that would elicit Williams rule testimony to approach the bench with defense counsel and let us argue at that point the admissibility on the proffered Williams rule evidence. [8] Conahan waived his right to a jury during the guilt phase; however, a jury

12003–2003
King v. Moore green
fla · 2002
1 sentence

2003This Court addressed a similar contention in Bottoson v. Moore, 833 So.2d 693 ,(Fla. 2002), cert. denied, 123 S.Ct. 662 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. denied, 123 S.Ct. 657 (2002), and denied relief.

12003–2003
Bottoson v. Moore green
fla · 2002
1 sentence

2003This Court addressed a similar contention in Bottoson v. Moore, 833 So.2d 693 ,(Fla. 2002), cert. denied, 123 S.Ct. 662 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. denied, 123 S.Ct. 657 (2002), and denied relief.

12003–2003
Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc. green
fladistctapp · 2000
2 sentences

2003As we discussed in Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc., 788 So.2d 262 (Fla. 4th DCA 2000), we need "precise, strictly enforced time requirements for conveying statutory offers or demands ... to guide the bench and bar." Id. at 266 .

2003As we discussed in Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc., 788 So.2d 262 (Fla. 4th DCA 2000), we need "precise, strictly enforced time requirements for conveying statutory offers or demands ... to guide the bench and bar." Id. at 266 .

12003–2003
Major League Baseball v. Morsani green
fla · 2001
1 sentence

2002Major League Baseball, 790 So.2d at 1076-80 . [7] At the time of this 1988 agreement, there was some uncertainty among the bench and bar about whether a life term under the Florida sentencing guidelines meant life without parole.

12002–2002
Rosen v. Rosen green
fla · 1997
12001–2001
Perez v. Perez green
fladistctapp · 2000
12001–2001
State v. Anderson green
fla · 1989
11999–1999
Klepak v. State neutral
fladistctapp · 1993
11999–1999
Landry v. State green
fladistctapp · 1993
11999–1999
Ed Ricke & Sons v. Green by and Through Swan green
fla · 1985
11999–1999
Green v. City of Pensacola green
fladistctapp · 1959
11999–1999
Coney v. State green
fla · 1995
11997–1997
Coney v. Florida green
scotus · 1995
11997–1997
Solimine v. Dedham green
scotus · 1995
11997–1997
Estate of Wallace v. Fisher green
fladistctapp · 1990
11996–1996
Dept. of Legal Affairs v. Dist. Ct. of Appeal green
fla · 1983
11993–1993
Valsecchi v. Proprietors Ins. Co. green
fladistctapp · 1987
11991–1991
Freeman v. State neutral
fladistctapp · 1989
11991–1991
Reyes v. State neutral
fladistctapp · 1989
11991–1991
Kramer v. State green
fladistctapp · 1989
11990–1990
Joyner v. State green
fla · 1947
11988–1988
Wheeler v. State neutral
fladistctapp · 1985
11988–1988
In Re Florida Rules of Criminal Procedure green
fla · 1967
11988–1988
Phlieger v. Nissan Motor Co., Ltd. green
fladistctapp · 1986
11987–1987
Cooper v. Aetna Cas. & Sur. Co. green
fladistctapp · 1986
11987–1987
Dunn v. State green
fladistctapp · 1984
11984–1984
O'BRIEN v. State green
fladistctapp · 1984
11984–1984

Statutes the citing opinions construe

FL § 61.16 (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

TX 232 (1876–2026) MI 145 (1920–2024) CA 104 (1866–2026) MS 99 (1954–2025) GA 93 (1905–2025) PA 91 (1830–2026) FL 83 (1912–2019) TN 73 (1903–2026) AL 65 (1868–2026) IL 56 (1879–2025) SC 52 (1914–2026) IA 41 (1915–2026) ID 40 (1979–2022) KS 40 (1871–2024) IN 39 (1872–2020) WI 38 (1881–2026) KY 38 (1876–2026) OK 37 (1897–2025) OR 34 (1955–2025) OH 34 (1907–2026) AR 29 (1929–2023) NJ 29 (1954–2021) WV 28 (1960–2022) MD 26 (1895–2019) NY 25 (1888–2022) LA 24 (1946–2024) MO 24 (1890–2018) SD 21 (1910–2022) NC 19 (1898–2020) WA 19 (1962–2025) UT 18 (1930–2020) MT 17 (1920–2022) CT 15 (1939–2026) NV 15 (1943–2021) VA 14 (1907–2026) MN 13 (1890–2010) AZ 13 (1935–2020) WY 12 (1975–2021) DC 9 (1972–2011) AK 8 (1964–2015) NE 8 (1898–2025) ME 7 (1972–2024) CO 7 (1915–2005) NM 7 (1937–2011) RI 7 (1986–2016) ND 5 (1911–1998) VT 3 (1875–1996) PR 3 (1955–1963) MA 3 (1823–1991) NH 2 (1985–1998) DE 2 (1936–1997) HI 2 (1902–2016)

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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