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.
| Case | Followed | Cited |
|---|---|---|
Baruch v. Giblengreen2 sentences2013When 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). | 5 | 6 |
Marion County Hospital District v. Akinsgreen2 sentences2016Dist. 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”). | 5 | 5 |
Wilson v. Wainwrightgreen2 sentences1988We 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. | 2 | 2 |
In Re Amendments to Fla. Evidence Codegreen1 sentence2019Code, 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. | 1 | 1 |
Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.green1 sentence2018Bd., 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."). | 1 | 1 |
Polk County v. Sofkagreen1 sentence2015Polk 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. | 1 | 1 |
Auman v. LEVEROCK'S SEAFOOD HOUSEgreen1 sentence2015To 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). | 1 | 1 |
Harrison v. Stategreen1 sentence2015As 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 | 1 | 1 |
Ziontz v. Ocean Trail Unit Owners Ass'ngreen2 sentences2009See 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). | 1 | 1 |
Padgett v. Stategreen1 sentence2008The 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 | 1 | 1 |
Ewing v. Stategreen2 sentences2008The 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 | 1 | 1 |
Ingram v. Stategreen1 sentence2008The 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 | 1 | 1 |
Miller v. First American Bank and Trustgreen1 sentence2007It [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)). | 1 | 1 |
| Newsom v. Newsomgreen | 1 | 1 |
| Cochran v. Stategreen | 1 | 1 |
| Kahles v. Stategreen | 1 | 1 |
| State v. Kahlesgreen | 1 | 1 |
| Casa Clara Condo. Ass'n v. Charley Toppino and Sons, Inc.red | 1 | 1 |
| Florida Audubon Soc. v. Ratnergreen | 1 | 1 |
| Chapman v. Universal Underwriters Ins.green | 1 | 1 |
| Bowers v. COM., DEPT. OF HIGHWAYS & TRANSP.green | 1 | 1 |
| Messina v. Burdengreen | 1 | 1 |
| James v. Janegreen | 1 | 1 |
| Lawhorne v. Harlangreen | 1 | 1 |
| Hinchey v. Ogdengreen | 1 | 1 |
| Banks v. Sellersgreen | 1 | 1 |
| Canakaris v. Canakarisgreen | 1 | 1 |
| Commercial Carrier Corp. v. Indian River Cty.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Florida Patient's Compensation Fund v. Rowe
green
2 sentences1992This 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). | 2 | 1991–1992 |
Johnson v. First City Bank of Gainesville
green
2 sentences1990Because 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 . | 2 | 1989–1990 |
Matter of Use by Tr. Cts. of Stand. Jury Inst.
green
2 sentences1981For 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. | 2 | 1981–1981 |
Sonny Boy's Fruit Co. v. Compton
green
2 sentences1960The 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 | 2 | 1951–1960 |
Acker v. Acker
green
1 sentence2019The 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). | 1 | 2019–2019 |
Ritter v. DEPT. OF CHILDREN AND FAMILY SERVICES
green
1 sentence2017It 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). | 1 | 2017–2017 |
Ohio v. Akron Center for Reproductive Health
green
2 sentences2014I 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. | 1 | 2014–2014 |
R.J. Reynolds Tobacco Co. v. Martin
green
1 sentence2012Reynolds 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. | 1 | 2012–2012 |
Rasten v. Gelbond
green
1 sentence2003This 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. | 1 | 2003–2003 |
Hinnant v. Jones
green
1 sentence2003This 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. | 1 | 2003–2003 |
Whipple v. State
green
1 sentence2003Whipple v. State, 431 So.2d 1011 (Fla. 2d DCA 1983). | 1 | 2003–2003 |
Apprendi v. New Jersey
green
2 sentences2003They 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 | 1 | 2003–2003 |
Ring v. Arizona
green
2 sentences2003They 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 | 1 | 2003–2003 |
King v. Moore
green
1 sentence2003This 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. | 1 | 2003–2003 |
Bottoson v. Moore
green
1 sentence2003This 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. | 1 | 2003–2003 |
Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.
green
2 sentences2003As 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 . | 1 | 2003–2003 |
Major League Baseball v. Morsani
green
1 sentence2002Major 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. | 1 | 2002–2002 |
| Rosen v. Rosen green | 1 | 2001–2001 |
| Perez v. Perez green | 1 | 2001–2001 |
| State v. Anderson green | 1 | 1999–1999 |
| Klepak v. State neutral | 1 | 1999–1999 |
| Landry v. State green | 1 | 1999–1999 |
| Ed Ricke & Sons v. Green by and Through Swan green | 1 | 1999–1999 |
| Green v. City of Pensacola green | 1 | 1999–1999 |
| Coney v. State green | 1 | 1997–1997 |
| Coney v. Florida green | 1 | 1997–1997 |
| Solimine v. Dedham green | 1 | 1997–1997 |
| Estate of Wallace v. Fisher green | 1 | 1996–1996 |
| Dept. of Legal Affairs v. Dist. Ct. of Appeal green | 1 | 1993–1993 |
| Valsecchi v. Proprietors Ins. Co. green | 1 | 1991–1991 |
| Freeman v. State neutral | 1 | 1991–1991 |
| Reyes v. State neutral | 1 | 1991–1991 |
| Kramer v. State green | 1 | 1990–1990 |
| Joyner v. State green | 1 | 1988–1988 |
| Wheeler v. State neutral | 1 | 1988–1988 |
| In Re Florida Rules of Criminal Procedure green | 1 | 1988–1988 |
| Phlieger v. Nissan Motor Co., Ltd. green | 1 | 1987–1987 |
| Cooper v. Aetna Cas. & Sur. Co. green | 1 | 1987–1987 |
| Dunn v. State green | 1 | 1984–1984 |
| O'BRIEN v. State green | 1 | 1984–1984 |
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.
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.