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11 Florida opinions name it 1 courts 1979–2012 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 |
|---|---|---|
University Med. Center v. Dept. of Healthgreen1 sentence1990"If an applicant fails to file in a particular batching cycle it thereby waives the right to comparative review with those health care providers that do file an application in that batching cycle." University Medical Center, Inc. v. Department of Health and Rehabilitative Services, 483 So.2d 712, 715-16 (Fla. 1st DCA 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bio-Medical Applications of Clearwater, Inc. v. DEPT. OF HEALTH & REHABILITATIVE SERV.
green
2 sentences1986The court invited HRS "to devise means of achieving comparative consideration, including an appropriate mechanism for determination by the agency whether Ashbacker requires a comparative hearing in a particular case." Id. at 25 . 1985BioMedical and the case upon which it relies, Bio-Medical Applications of Clearwater, Inc. v. Department of Health and Rehabilitative Services, Office of Community Medical Facilities, 370 So.2d 19 (Fla. 2d DCA 1979), recognize that when an applicant for a CON is able to show that the granting of a CON to another applicant would substantially prejudice its application, and the applications are mutually exclusive, fairness requires that HRS conduct a comparative hearing at which the competing applications are considered simultaneously. | 4 | 1984–1986 |
Ashbacker Radio Corp. v. Federal Communications Commission
green
2 sentences1980C., 326 U.S. 327 , 66 S.Ct. 148 , 90 L.Ed. 108 (1945) and rule that under these circumstances a comparative hearing should have been held at which the two applications could be considered simultaneously. 1980C., 326 U.S. 327 , 66 S.Ct. 148 , 90 L.Ed. 108 (1945) and rule that under these circumstances a comparative hearing should have been held at which the two applications could be considered simultaneously. | 2 | 1979–1980 |
Graham v. Florida
green
1 sentence2012Graham, 130 S.Ct. at 2022 (quoting Harmelin, 501 U.S. at 1005 , 111 S.Ct. 2680 (Kennedy, J. concurring in part and concurring in judgment)). | 1 | 2012–2012 |
Harmelin v. Michigan
green
2 sentences2012Graham, 130 S.Ct. at 2022 (quoting Harmelin, 501 U.S. at 1005 , 111 S.Ct. 2680 (Kennedy, J. concurring in part and concurring in judgment)). 2012Graham, 130 S.Ct. at 2022 (quoting Harmelin, 501 U.S. at 1005 , 111 S.Ct. 2680 (Kennedy, J. concurring in part and concurring in judgment)). | 1 | 2012–2012 |
Mobley v. State
green
2 sentences2009Noting that “[i]f construed literally this subsection would apply to any criminal transaction which inherently involves the unlawful confinement of another person, such as robbery or sexual battery,” id., the Mobley court conducted a comparative analysis of Florida cases (including Harkins) and cases and statutes of other jurisdictions and adopted the prevailing view that the court should “closely exam-inee ] the facts to determine whether the confinement or movement was incidental to the escape or whether it took on an independent significance justifying a kidnapping conviction,” id. at 1034- 2009Noting that “[i]f construed literally this subsection would apply to any criminal transaction which inherently involves the unlawful confinement of another person, such as robbery or sexual battery,” id., the Mobley court conducted a comparative analysis of Florida cases (including Harkins) and cases and statutes of other jurisdictions and adopted the prevailing view that the court should “closely exam-inee ] the facts to determine whether the confinement or movement was incidental to the escape or whether it took on an independent significance justifying a kidnapping conviction,” id. at 1034- | 1 | 2009–2009 |
Colomar v. Mercy Hospital, Inc.
green
1 sentence2009Colomar, 461 F.Supp.2d at 1269 . | 1 | 2009–2009 |
Gulf Court Nursing Center v. DEPT. OF HEALTH
green
1 sentence1986Although other arguments have been advanced and considered, the basic issue on appeal is whether the holding of this court in Gulf Court Nursing Center v. Department of Health and Rehabilitative Services, 483 So.2d 700 (Fla. 1st DCA 1985), is applicable to the present case so as to require a comparative hearing of the several applications here considered. | 1 | 1986–1986 |
Bio-Medical Apps. of Ocala, Inc. v. Off. of Comm. Med. Facilities
green
1 sentence1985CPC cites Bio-Medical Applications of Clearwater, Inc. v. Department of Health and Rehabilitative Services, 370 So.2d 19 (Fla. 1st DCA 1979) and Bio-Medical Applications of Ocala, Inc. v. Office of Community Medical Facilities, 374 So.2d 88 (Fla. 1st DCA 1979) to support its right to a comparative hearing. | 1 | 1985–1985 |
Railway Express Agency, Inc. v. United States
green
1 sentence1979Railway Express Agency, Inc. v. United States, 205 F. Supp. 831 (S.D.N.Y. 1962). | 1 | 1979–1979 |
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.