universally accepted rule (Florida) · Go Syfert
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universally accepted rule in Florida

11 Florida opinions name it 3 courts 1953–2024 1 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 (5)

CaseFollowedCited
Birnholz v. Steiselgreen
fladistctapp · 1981 · cited in 2 Florida opinions naming this issue, 1997–2024
2 sentences

2024The trial court granted summary judgment by relying on Birnholz v. Steisel, 394 So. 2d 523 (Fla. 3d DCA 1981), where the appellate court held that “the universally accepted doctrine as to attorney’s fees is that the statute of limitations accrues when the particular services are completed.” Birnholz, 394 So. 2d at 524 (first citing Atchison v. Hulse, 107 Cal.App. 640 , 290 P.916, 918 (1930); and then citing Annot., Limitations Compensation of Attorney, 60 A.L.R. 2d 1008 (1958)).

2024The trial court granted summary judgment by relying on Birnholz v. Steisel, 394 So. 2d 523 (Fla. 3d DCA 1981), where the appellate court held that “the universally accepted doctrine as to attorney’s fees is that the statute of limitations accrues when the particular services are completed.” Birnholz, 394 So. 2d at 524 (first citing Atchison v. Hulse, 107 Cal.App. 640 , 290 P.916, 918 (1930); and then citing Annot., Limitations Compensation of Attorney, 60 A.L.R. 2d 1008 (1958)).

12
Atchison v. Hulsegreen
calctapp · 1930 · cited in 2 Florida opinions naming this issue, 1981–2024
2 sentences

2024The trial court granted summary judgment by relying on Birnholz v. Steisel, 394 So. 2d 523 (Fla. 3d DCA 1981), where the appellate court held that “the universally accepted doctrine as to attorney’s fees is that the statute of limitations accrues when the particular services are completed.” Birnholz, 394 So. 2d at 524 (first citing Atchison v. Hulse, 107 Cal.App. 640 , 290 P.916, 918 (1930); and then citing Annot., Limitations Compensation of Attorney, 60 A.L.R. 2d 1008 (1958)).

1981Atchison v. Hulse, 107 Cal. App. 640 , 290 P. 916, 918 (1930); Annot., Limitations — Compensation of Attorney, 60 A.L.R.2d 1008 (1958).

12
Matthews v. Matthewsgreen
fladistctapp · 1969 · cited in 1 Florida opinions naming this issue, 1981–1981
1 sentence

1981As in the case of the general Florida rule concerning quantum meruit claims for services rendered, Matthews v. Matthews, 222 So.2d 282, 286 (Fla.2d DCA 1969), [5] the universally accepted doctrine as to attorney's fees is that the statute of limitations accrues when the particular services are completed.

11
Harold W. Hinson, D/B/A Hen House Market No. 3 v. National Labor Relations Boardgreen
ca8 · 1970 · cited in 1 Florida opinions naming this issue, 1981–1981
1 sentence

1981As stated in Wigmore, Evidence, § 276 (3d ed. 1940), “it is today universal ly conceded that the fact of an accused’s flight, escape from custody, resistance to arrest, concealment, assumption of a false name, and related conduct, are admissible as evidence of consciousness of guilt, and thus of guilt itself.” 428 F.2d at 133.

11
Stokes v. Liberty Mutual Insurance Companygreen
fla · 1968 · cited in 1 Florida opinions naming this issue, 1977–1977
1 sentence

1977In Stokes v. Liberty Mutual Insurance Co., supra at 770, decided by this court in 1971, we stated: In view of the peculiar language of § 768.03, allowing recovery for the wrongful death of a "minor child", we hold that a stillborn fetus is not within the statutory classification.

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Distinguished, questioned or overruled (3)

CaseNegativeCited
State v. Guestgreen
alaska · 1978 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006But see State v. Guest, 583 P.2d 836, 839-40 (Alaska 1978) (finding it "significant that the Alaska Statutes do not proscribe fornication"); People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673, 675 (1964) (invoking the "primordial concept of mens rea"); Perez v. State, 111 N.M. 160 , 803 P.2d 249, 251 (1990) ("When the law requires a mathematical formula for its application, we cannot *820 say that being provided the wrong numbers is immaterial.").

11
Perez v. Stategreen
nm · 1990 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006But see State v. Guest, 583 P.2d 836, 839-40 (Alaska 1978) (finding it "significant that the Alaska Statutes do not proscribe fornication"); People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673, 675 (1964) (invoking the "primordial concept of mens rea"); Perez v. State, 111 N.M. 160 , 803 P.2d 249, 251 (1990) ("When the law requires a mathematical formula for its application, we cannot *820 say that being provided the wrong numbers is immaterial.").

2006But see State v. Guest, 583 P.2d 836, 839-40 (Alaska 1978) (finding it "significant that the Alaska Statutes do not proscribe fornication"); People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673, 675 (1964) (invoking the "primordial concept of mens rea"); Perez v. State, 111 N.M. 160 , 803 P.2d 249, 251 (1990) ("When the law requires a mathematical formula for its application, we cannot *820 say that being provided the wrong numbers is immaterial.").

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People v. Hernandezgreen
cal · 1964 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006But see State v. Guest, 583 P.2d 836, 839-40 (Alaska 1978) (finding it "significant that the Alaska Statutes do not proscribe fornication"); People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673, 675 (1964) (invoking the "primordial concept of mens rea"); Perez v. State, 111 N.M. 160 , 803 P.2d 249, 251 (1990) ("When the law requires a mathematical formula for its application, we cannot *820 say that being provided the wrong numbers is immaterial.").

2006But see State v. Guest, 583 P.2d 836, 839-40 (Alaska 1978) (finding it "significant that the Alaska Statutes do not proscribe fornication"); People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673, 675 (1964) (invoking the "primordial concept of mens rea"); Perez v. State, 111 N.M. 160 , 803 P.2d 249, 251 (1990) ("When the law requires a mathematical formula for its application, we cannot *820 say that being provided the wrong numbers is immaterial.").

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Also cited on this issue (8)

CaseCitedYears
National Metropolitan Bank v. United States green
scotus · 1945
1 sentence

1983National Metropolitan Bank v. United States, 323 U.S. 454 (1945); Sabatino v. Curtiss National Bank of Miami Springs, 446 F.2d 1046 (5th Cir. 1971); Citizens and Southern National Bank v. American Surety Company of New York, 347 F.2d 18 (5th Cir. 1965); Riggs National Bank of Washington D.

11983–1983
The Citizens and Southern National Bank v. American Surety Company of New York green
ca5 · 1965
1 sentence

1983National Metropolitan Bank v. United States, 323 U.S. 454 (1945); Sabatino v. Curtiss National Bank of Miami Springs, 446 F.2d 1046 (5th Cir. 1971); Citizens and Southern National Bank v. American Surety Company of New York, 347 F.2d 18 (5th Cir. 1965); Riggs National Bank of Washington D.

11983–1983
Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami Springs, Etc. green
ca5 · 1971
1 sentence

1983National Metropolitan Bank v. United States, 323 U.S. 454 (1945); Sabatino v. Curtiss National Bank of Miami Springs, 446 F.2d 1046 (5th Cir. 1971); Citizens and Southern National Bank v. American Surety Company of New York, 347 F.2d 18 (5th Cir. 1965); Riggs National Bank of Washington D.

11983–1983
Financial Fire & Casualty Company v. Callaham neutral
fladistctapp · 1967
1 sentence

1976E.g., Financial Fire & Casualty Co. v. Callaham, 199 So.2d 529 (Fla.2d DCA 1967).

11976–1976
Glass v. Continental Guaranty Corp. green
fla · 1921
2 sentences

1970Even apart from the Uniform Commercial Code or F.S. ch. 319, F.S.A., we determine this situation calls for the application of a very old universally accepted principle that "when one of two persons must suffer through the fraud of a third person, the one who made it possible for the fraud to be perpetrated must bear the loss." Glass v. Continental Guaranty Corp., 1921, 81 Fla. 687 , 88 So. 876 , 25 A.L.R. 312 .

1970Even apart from the Uniform Commercial Code or F.S. ch. 319, F.S.A., we determine this situation calls for the application of a very old universally accepted principle that "when one of two persons must suffer through the fraud of a third person, the one who made it possible for the fraud to be perpetrated must bear the loss." Glass v. Continental Guaranty Corp., 1921, 81 Fla. 687 , 88 So. 876 , 25 A.L.R. 312 .

11970–1970
State ex rel. National Employee Ass'n v. Barton neutral
neb · 1912
2 sentences

1963National Employes' Ass'n v. Barton, 92 Neb. 666 , 139 N.W. 225 (1912), a petition was filed by a corporation for a writ of mandamus to compel the state auditor to issue a license to the company to do business within that state.

1963National Employes' Ass'n v. Barton, 92 Neb. 666 , 139 N.W. 225 (1912), a petition was filed by a corporation for a writ of mandamus to compel the state auditor to issue a license to the company to do business within that state.

11963–1963
Joiner v. McCullers green
fla · 1947
2 sentences

1953In Joiner v. McCullers, 158 Fla. 562 , 28 So.2d 823, 824 , we stated said principle in the following language: "In Wheeler v. Baars, 33 Fla. 696 , 15 So. 584 , we held: "`A false representation of a material fact, made with knowledge of its falsity, to a person ignorant thereof, with intention that it shall be acted upon, followed by reliance upon and by action thereon amounting to substantial change of position, is a fraud of which the law will take cognizance.'" However, we must likewise take cognizance of the universally accepted rule that whether actually such a false representation was ma

1953In Joiner v. McCullers, 158 Fla. 562 , 28 So.2d 823, 824 , we stated said principle in the following language: "In Wheeler v. Baars, 33 Fla. 696 , 15 So. 584 , we held: "`A false representation of a material fact, made with knowledge of its falsity, to a person ignorant thereof, with intention that it shall be acted upon, followed by reliance upon and by action thereon amounting to substantial change of position, is a fraud of which the law will take cognizance.'" However, we must likewise take cognizance of the universally accepted rule that whether actually such a false representation was ma

11953–1953
Wheeler v. Baars green
fla · 1894
2 sentences

1953In Joiner v. McCullers, 158 Fla. 562 , 28 So.2d 823, 824 , we stated said principle in the following language: "In Wheeler v. Baars, 33 Fla. 696 , 15 So. 584 , we held: "`A false representation of a material fact, made with knowledge of its falsity, to a person ignorant thereof, with intention that it shall be acted upon, followed by reliance upon and by action thereon amounting to substantial change of position, is a fraud of which the law will take cognizance.'" However, we must likewise take cognizance of the universally accepted rule that whether actually such a false representation was ma

1953In Joiner v. McCullers, 158 Fla. 562 , 28 So.2d 823, 824 , we stated said principle in the following language: "In Wheeler v. Baars, 33 Fla. 696 , 15 So. 584 , we held: "`A false representation of a material fact, made with knowledge of its falsity, to a person ignorant thereof, with intention that it shall be acted upon, followed by reliance upon and by action thereon amounting to substantial change of position, is a fraud of which the law will take cognizance.'" However, we must likewise take cognizance of the universally accepted rule that whether actually such a false representation was ma

11953–1953

Where else courts name it

TX 20 (1920–2020) MS 17 (1914–2023) MD 16 (1970–2025) LA 14 (1930–2026) CA 13 (1895–2005) IL 13 (1905–2023) FL 11 (1953–2024) NC 10 (1888–2007) KY 10 (1923–2025) CT 9 (1935–2015) MO 9 (1894–1974) GA 8 (1914–2015) OR 8 (1923–1999) CO 8 (1942–1990) WA 8 (1915–1980) OK 7 (1920–1977) IA 7 (1934–1973) ID 7 (1905–1989) PA 6 (1954–2021) KS 6 (1962–2019) IN 5 (1888–1994) NJ 5 (1958–2005) AR 5 (1993–2007) UT 4 (1968–2000) NY 4 (1950–1995) TN 4 (1904–1965) MN 3 (1937–1943) PR 3 (1954–1970) OH 3 (1906–1942) WY 3 (1944–2000) NM 3 (1963–1996) WI 3 (1891–2008) MI 2 (1980–1982) WV 2 (1967–1974) VA 2 (1965–1999) AK 2 (1980–1995) ND 2 (1896–1910) RI 2 (1945–2004) VT 2 (1964–1983)

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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