10 Florida opinions name it 3 courts 1942–2019 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 |
|---|---|---|
Rent-A-Center, West, Inc. v. Jacksongreen2 sentences2013Unlike the agreement in Rent-A-Center, West, Inc. v. Jackson, — U.S. -, 130 S.Ct. 2772 , 177 L.Ed.2d 403 (2010), the agreement in Shotts did not have a delegation clause. 2013Unlike the agreement in Rent-A-Center, West, Inc. v. Jackson, — U.S. -, 130 S.Ct. 2772 , 177 L.Ed.2d 403 (2010), the agreement in Shotts did not have a delegation clause. | 1 | 2 |
Cooper v. Finegreen1 sentence2018See Cooper v. Fine, 705 So. 2d 131 , 131 (Fla. 4th DCA 2005) (finding that “whether conditions precedent to arbitration were fulfilled . . . is a question for the arbitrator”). | 1 | 1 |
Angels Senior Living at Connerton Court, LLC v. Gundrygreen1 sentence2018“Absent a direct challenge, we must treat the delegation provision as valid and allow the arbitrator to determine the issue of arbitrability.” Newman for Founding Partners Stable Value Fund, LP v. Ernst & Young, LLP, 231 So. 3d 464 , 467 (Fla. 4th DCA 2017) (quoting Angels Senior Living at Connerton Ct., LLC v. Gundry, 210 So. 3d 257, 258 (Fla. 2d DCA 2017)); see also Allied Prof’ls Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Askew v. Cross Key Waterways
green
2 sentences1992Although I realize that the Florida Supreme Court in Askew v. Cross Key Waterways, 372 So.2d 913 (Fla.1978), struck down a statute by utilizing the delegation doctrine, I nonetheless submit that the exceptions to the doctrine have practically swallowed the rule. 2 Moreover, the delegation doctrine has been for all practical purposes entirely discredited in the federal sector and in a number of other jurisdictions. 1992Although I realize that the Florida Supreme Court in Askew v. Cross Key Waterways, 372 So.2d 913 (Fla. 1978), struck down a statute by utilizing the delegation doctrine, I nonetheless submit that the exceptions to the doctrine have practically swallowed the rule. [2] Moreover, the delegation doctrine has been for all practical purposes entirely discredited in the federal sector and in a number of other jurisdictions. | 2 | 1992–1992 |
State v. Atlantic Coast Line Railroad
green
2 sentences1985State v. Atlantic Coast Line Railway Co., 56 Fla. 617 , 47 So. 969 (1908). 1981State v. Atlantic Coast Line Railway Co., 56 Fla. 617 , 47 So. 969 (1908). | 2 | 1981–1985 |
Ted Kubala, Jr. v. Supreme Production Svc, Inc.
green
1 sentence2019The court concluded that “if the party seeking arbitration points to a purported delegation clause,” the court “performs the first step—an analysis of contract formation—as it always does,” then decides “whether the purported delegation clause is in fact a delegation clause[.]” Id. at 202 . | 1 | 2019–2019 |
Shotts v. OP Winter Haven, Inc.
green
1 sentence2013Shotts, 86 So.3d at 478-80 . . | 1 | 2013–2013 |
News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc.
green
1 sentence2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200 | 1 | 2010–2010 |
BLOTZ v. State
neutral
1 sentence2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200 | 1 | 2010–2010 |
MEMORIAL HOSP.-WEST VOLUSIA v. News-Journal
neutral
1 sentence2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200 | 1 | 2010–2010 |
Freimuth v. State
green
1 sentence1981Freimuth v. State, 272 So.2d 473 (Fla. 1972). *570 The delegation doctrine is grounded on the constitutional maxim that the legislature has the sole authority and responsibility to make the laws. | 1 | 1981–1981 |
Mayo v. the Texas Company
green
2 sentences1942The delegation of rule making power by statutory enactment was squarely presented to this Court in the case of Mayo v. The Texas Company, 137 Fla. 218 , 188 So. 206 . 1942The delegation of rule making power by statutory enactment was squarely presented to this Court in the case of Mayo v. The Texas Company, 137 Fla. 218 , 188 So. 206 . | 1 | 1942–1942 |
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.