early rule (Florida) · Go Syfert
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early rule in Florida

11 Florida opinions name it 2 courts 1876–2020 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 (3)

CaseFollowedCited
Stock v. DEPT. OF BANKING & FINANCEgreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Stock v. Dep't of Banking and Fin., 584 So.2d 112, 115 (Fla. 5th DCA 1991) (stating that the appellant "cannot request a hearing in a manner that would suggest routine handling and then complain for the first time on appeal that she was not given an early hearing.").

11
Cloud v. Fallisgreen
fla · 1959 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999This Court upheld the district court's decision, stating, " We adhere to the early rule placing in trial courts broad discretion of such firmness that it would not be disturbed except on clear showing of abuse. ..." Id. at 672 (emphasis added).

11
North Georgia Finishing, Inc. v. Di-Chem, Inc.green
scotus · 1975 · cited in 1 Florida opinions naming this issue, 1976–1976
2 sentences

1976The Court stated the Georgia statute was vulnerable under the Fourteenth Amendment's Due Process Clause for the same reasons as were the Fuentes replevin statutes, no "opportunity for an early hearing," nor participation by a "judicial officer." Id at 606, 95 S.Ct. 719 .

1976At any rate, it is clear that due process requires an early hearing, which we believe in prejudgment attachment cases should be an immediate post-seizure hearing, at which the debtor has an opportunity to be heard and at which the creditor "would be required to prove at least probable cause," Id. at 607, 95 S.Ct. at 723 , for the attachment.

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 (8)

CaseCitedYears
Hart, Et Vir v. Held green
fla · 1941
2 sentences

1961“After discussing a few decisions appearing to adhere to the substantial competent evidence rule, including Hart v. Held, 149 Fla. 33 , 5 So.2d 878 , cited by the District Court of Appeal, First District, in the present case, we announced, unequivocally we thought, adherénce ‘to the early rule placing in trial courts broad discretion of such firmness that it (the ruling) would not be disturbed except on clear showing of abuse * * *.’ We elaborated on this announcement by reference to the close contact of the judge with the trial, his opportunity therefore better to understand the ultimate deci

1961“After discussing a few decisions appearing to adhere to the substantial competent evidence rule, including Hart v. Held, 149 Fla. 33 , 5 So.2d 878 , cited by the District Court of Appeal, First District, in the present case, we announced, unequivocally we thought, adherénce ‘to the early rule placing in trial courts broad discretion of such firmness that it (the ruling) would not be disturbed except on clear showing of abuse * * *.’ We elaborated on this announcement by reference to the close contact of the judge with the trial, his opportunity therefore better to understand the ultimate deci

21961–1961
Gielchinsky v. Gielchinsky green
fladistctapp · 1995
1 sentence

2020Id. at 733 .

12020–2020
Lasky v. State Farm Insurance Company green
fla · 1974
1 sentence

2005The words of Justice Ervin as contained in his dissent in Lasky v. State Farm Insurance Co., 296 So.2d 9 (Fla.1974), with regard to an early analysis of "no-fault" sounded a warning that we have failed to acknowledge, which is evident today as the majority continues to permit the march against fundamental rights to carry on without even a respectable analysis.

12005–2005
Aurora Enterprises, Inc. v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco green
fladistctapp · 1981
1 sentence

1991We are cognizant of the decision in Aurora Enterprises, Inc. v. Department of Business Regulation, 395 So.2d 604 (Fla. 3d DCA 1981), wherein an emergency order suspending a liquor license was quashed when a hearing had not been scheduled within forty days after the formal revocation proceedings had been commenced.

11991–1991
Russo v. Clark green
fla · 1962
1 sentence

1964Although when such an attempt is made the record must be examined by the appellate court, the assailant cannot content himself simply to submit the record and expect the order to be upset if the reviewing body finds, in cold type without benefit of any of the circumstances known to the trial judge, and never to be known to the appellate court, that there appears to be some ‘substantial competent evidence’ supporting the verdict.” With reference to its earlier decisions the Supreme Court specifically held: “We adhere to the early rule placing in trial courts broad discretion of such firmness th

11964–1964
Buffington v. Quackenboss green
fla · 1853
1 sentence

1962Plaintiff thereupon took an involuntary non-suit and moved the Court to dismiss the counterclaim, contending that it should fall with the non-suit under the doctrine of the early Florida cases of Buffington v. Quackenboss, 5 Fla. 196 ; and Clarke v. Wall, 5 Fla. 476 .

11962–1962
Clarke v. Wall neutral
fla · 1854
1 sentence

1962Plaintiff thereupon took an involuntary non-suit and moved the Court to dismiss the counterclaim, contending that it should fall with the non-suit under the doctrine of the early Florida cases of Buffington v. Quackenboss, 5 Fla. 196 ; and Clarke v. Wall, 5 Fla. 476 .

11962–1962
Crippen v. Morrison green
mich · 1864
1 sentence

1876Under a subsequent-statute taking away all right to "a"possessory.action in the mortgagee, the rule in New York was condemned by the Michigan courts. ( 13 Mich. 23 .) After the most thorough examination-I am capable of giving the subject, _I .think the weight of authority is in favor of the Appointment.

11876–1876

Where else courts name it

CA 32 (1892–2024) NY 19 (1897–2012) IL 15 (1903–2020) AL 15 (1985–2014) FL 11 (1876–2020) WA 10 (1909–2019) MO 10 (1876–1991) PA 10 (1908–2020) MN 9 (1971–2025) MI 8 (1879–2010) TX 7 (1924–2007) NC 6 (1885–1976) ND 6 (1940–2017) OR 6 (1898–2022) WI 6 (1881–1980) MD 6 (1911–2005) OK 5 (1925–1985) GA 5 (1909–2019) DC 5 (1981–1995) HI 5 (1929–2014) NJ 5 (1974–2013) DE 5 (1932–1994) LA 4 (1921–2000) MA 4 (1895–1977) WV 4 (1904–2020) IA 4 (1932–2020) CT 4 (1919–1995) KS 4 (1935–1997) OH 3 (1980–2025) VA 3 (1852–1852) NM 3 (2014–2014) AR 2 (2001–2018) SD 2 (1907–1998) NV 2 (1935–2021) SC 2 (1942–1999) CO 2 (1915–1995) IN 2 (1929–1967) ME 2 (1977–2000) AZ 2 (1975–1976) ID 2 (1903–1916) VT 2 (1850–1976)

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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