has recognized principle (Florida) · Go Syfert
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has recognized principle in Florida

11 Florida opinions name it 2 courts 1903–2003 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 (9)

CaseFollowedCited
Winther v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See Winther v. State, 812 So.2d 527 (Fla. 4th DCA 2002).

11
Hanono v. Murphygreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
Kornblum v. Schneidergreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
Horjales v. Loebgreen
fladistctapp · 1974 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
Carter v. Cartergreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
O'VAHEY v. Millergreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
Cox v. Burkegreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

11
Lee v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Lee v. State, 731 So.2d 71, 73 (Fla. 2d DCA 1999).

11
Faretta v. Californiagreen
scotus · 1975 · cited in 1 Florida opinions naming this issue, 1983–1983
2 sentences

1983For his technical legal knowledge, as such, was not relevant to an assessment of his knowing exercise of the right to defend himself. [ 422 U.S. at 835 , 95 S.Ct. at 2541 (footnotes omitted) ] This court has recognized the principle that when a defendant, prior to trial, requests permission to represent himself, the court must make inquiry to determine whether the defendant’s decision to represent himself is intelligently and voluntarily made and that he is knowingly waiving his right to counsel, and the trial court should also determine whether unusual circumstances exist which would preclude

1983For his technical legal knowledge, as such, was not relevant to an assessment of his knowing exercise of the right to defend himself. [ 422 U.S. at 835 , 95 S.Ct. at 2541 (footnotes omitted) ] This court has recognized the principle that when a defendant, prior to trial, requests permission to represent himself, the court must make inquiry to determine whether the defendant’s decision to represent himself is intelligently and voluntarily made and that he is knowingly waiving his right to counsel, and the trial court should also determine whether unusual circumstances exist which would preclude

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 (16)

CaseCitedYears
Figgie Intern., Inc. v. Alderman green
fladistctapp · 1997
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

12000–2000
Mendez v. Blanco green
fladistctapp · 1996
1 sentence

2000Furthermore, this Court has recognized the principle "that *230 a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [their] ends." Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter v. Carter, 88 So.2d 153, 157 (Fla. 1956)("[i]t is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.")); see, e.g., Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998)

12000–2000
Clark v. Diamond Restaurant neutral
fladistctapp · 1990
1 sentence

1991This court has recognized that principle in the context of settlement agreements under Chapter 440, Florida Statutes, recognized as "binding as of the date of hearing” with retrospective effectiveness when fully articulated on the record "and approved by the judge ... at hearing.” See Clark v. Diamond Restaurant, 564 So.2d 1201 (Fla. 1st DCA 1990), concluding against such effectiveness when particular terminology of the requisite written agreement remained executory because it was to be "worked up" after the hearing, and therefore was not fully set out orally on the record at hearing.

11991–1991
Parker v. State green
fladistctapp · 1982
1 sentence

1983Robinson v. State, 368 So.2d 674 (Fla. 1st DCA 1979); Ausby v. State, 358 So.2d 562 (Fla. 1st DCA 1978); Parker v. State, 423 So.2d 553 (Fla. 1st DCA 1982).

11983–1983
Robinson v. State green
fladistctapp · 1979
1 sentence

1983Robinson v. State, 368 So.2d 674 (Fla. 1st DCA 1979); Ausby v. State, 358 So.2d 562 (Fla. 1st DCA 1978); Parker v. State, 423 So.2d 553 (Fla. 1st DCA 1982).

11983–1983
Ausby v. State green
fladistctapp · 1978
1 sentence

1983Robinson v. State, 368 So.2d 674 (Fla. 1st DCA 1979); Ausby v. State, 358 So.2d 562 (Fla. 1st DCA 1978); Parker v. State, 423 So.2d 553 (Fla. 1st DCA 1982).

11983–1983
Brust v. Brust green
fladistctapp · 1972
1 sentence

1974Our attention has been called to Brust v. Brust, Fla.App., 1972, 266 So.2d 400 [by the First District], wherein the appellant contends that everything else being equal mothers of infants of tender years should receive prime consideration for custody.

11974–1974
Flink v. City of Titusville green
fladistctapp · 1972
1 sentence

1974This court has recognized this rule in Cardillo v. Cardillo, Fla.App. 1972, 269 So.2d 773 .

11974–1974
Rivers Body Factory, Inc. v. Lufkin Foundry & Machine Co. neutral
fladistctapp · 1962
1 sentence

1967This court has recognized that doctrine in many cases, including our decision in Rivers Body Factory, Inc. v. Lufkin Foundry, Fla.App., 146 So.2d 774 (1964).

11967–1967
Blanton v. the Cudahy Packing Company green
fla · 1944
2 sentences

1953One of the opinions used as basis for this pronouncement is found in Blanton v. Cudahy Packing Company, 154 Fla. 872 , 19 So.2d 313 , where it was written that the liability attached regardless of privity of contract.

1953One of the opinions used as basis for this pronouncement is found in Blanton v. Cudahy Packing Company, 154 Fla. 872 , 19 So.2d 313 , where it was written that the liability attached regardless of privity of contract.

11953–1953
Cliett v. Lauderdale Biltmore Corporation green
fla · 1949
1 sentence

1953For instance, this court has recognized the principle "that as to items of foods or other products in the original package which are offered for sale for human consumption or use generally, a person who *515 purchases such items in reliance upon the express or implied condition or assurance that they are wholesome and fit for the uses or purposes for which they are advertised or sold, and who is injured as the result of unwholesome or deleterious substances therein which are unknown to the buyer, may hold either the manufacturer or the retailer liable * * *." Cliett v. Lauderdale Biltmore Corp

11953–1953
Segars v. State of Florida green
fla · 1927
2 sentences

1938Rep. 825 ; Segars *581 v. State, 94 Fla. 1128 , 115 South.

1938Rep. 825 ; Segars *581 v. State, 94 Fla. 1128 , 115 South.

11938–1938
Oglesby v. State neutral
fla · 1922
2 sentences

1938This Court has recognized this principle in Oglesby v. State, 83 Fla. 132 , 90 South.

1938This Court has recognized this principle in Oglesby v. State, 83 Fla. 132 , 90 South.

11938–1938
Wilensky v. Perell neutral
fla · 1954
1 sentence

1933This Court has recognized the doctrine that all parties are free to make what contracts they please, so long as no fraud or deception is practiced and the contracts are legal in all respects (Continental Casualty Co. v. Bows, 72 Fla. 17 , 72 So.2d 278 ; Mizell Life Stock Co. v. J.

11933–1933
Continental Casualty Co. v. Bows green
fla · 1916
1 sentence

1933This Court has recognized the doctrine that all parties are free to make what contracts they please, so long as no fraud or deception is practiced and the contracts are legal in all respects (Continental Casualty Co. v. Bows, 72 Fla. 17 , 72 So.2d 278 ; Mizell Life Stock Co. v. J.

11933–1933
Taylor v. Glens Falls Insurance neutral
· 1902
1 sentence

1903Co., 44 Fla. 273 , 32 South.

11903–1903

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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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