departure from the general rule (Florida) · Go Syfert
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departure from the general rule in Florida

10 Florida opinions name it 2 courts 1925–2010 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 (4)

CaseFollowedCited
Hill v. Hillgreen
fladistctapp · 1989 · cited in 3 Florida opinions naming this issue, 1993–1996
2 sentences

1996We also explicitly recognized in Mize that circumstances may exist that would justify a departure from the general rule favoring relocation: Judge Schwartz recognized that circumstances may exist that would justify a departure from the general rule. 548 So.2d at 708 n. 3.

1995As Judge Schwartz stated: "[S]o long as the parent who has been granted the primary custody of the child desires to move for a well-intentioned reason and founded belief that the relocation is best for that parent's — and, it follows, the child's — well-being, rather than from a vindictive desire to interfere with the visitation rights of the other parent, the change in residence should ordinarily be approved. 548 So.2d at 707-708 (Schwartz, J., concurring specially) (footnotes omitted)." However, Judge Schwartz recognized that circumstances may exist that would justify a departure from the ge

13
FEDOROV v. Citizens State Bankgreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Fedorov, 24 So.3d at 1228 .

11
T & R Store Fixtures v. Travelers Ins.green
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996See T & R Store Fixtures, Inc. v. Travelers Insurance Co., 621 So.2d 1388 (Fla. 3d DCA 1993); Ivey v. Hull & Co., 458 So.2d 439 (Fla. 2d DCA 1984). *1339 For these reasons we find that summary judgment was properly entered in this case.

11
Popwell v. Abelgreen
fladistctapp · 1969 · cited in 1 Florida opinions naming this issue, 1985–1985
1 sentence

1985His position is, in essence, that the trial court correctly measured his damages as the difference between the stocks' values at the time he wanted to sell in November 1980 and their values at the time they were returned to him, since this is the only way he could be placed in "as advantageous a position as he would have occupied had his contract not been broken." Popwell v. Abel, 226 So.2d 418, 422 (Fla. 4th DCA 1969).

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
Phinney v. Phinney green
fla · 1919
2 sentences

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

21925–1925
Carlton v. Carlton green
fla · 1919
2 sentences

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

1925In such eases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form 'the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

21925–1925
Raborn v. Raborn green
fla · 1921
2 sentences

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

21925–1925
Carlton v. Carlton green
fla · 1924
2 sentences

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

1925In such cases, the allowance of permanent alimony is not justifiable, as was held by this court in Phinney v. Phinney, 77 Fla. 850 , 82 So. 357 , unless special equities, such as form the basis of the decisions in Carlton v. Carlton, 78 Fla. 253 , 83 So. 87 , also same case in 87 Fla. 460 , 100 So. 745 , and Raborn v. Raborn, 81 Fla. 51 , 87 So. 50 , warrant a departure from the general rule.

21925–1925
Pilevsky v. Morgans Hotel Group Management green
fladistctapp · 2007
1 sentence

2010Because the record reveals no valid reason justifying “a departure from the general rule of comity,” Pilevsky, 961 So.2d at 1036 , the trial court’s refusal to stay the Second-Filed Action results in a material injury that cannot be corrected on appeal.

12010–2010
Ivey v. HULL & COMPANY, INC. green
fladistctapp · 1984
1 sentence

1996See T & R Store Fixtures, Inc. v. Travelers Insurance Co., 621 So.2d 1388 (Fla. 3d DCA 1993); Ivey v. Hull & Co., 458 So.2d 439 (Fla. 2d DCA 1984). *1339 For these reasons we find that summary judgment was properly entered in this case.

11996–1996
Jones v. Jones green
fladistctapp · 1994
1 sentence

1995In Jones v. Jones, 633 So.2d 1096 , 1098 n. 2 (Fla. 5th DCA), rev. denied, 639 So.2d 978 (Fla. 1994), the Fifth District, while reviewing an order prohibiting relocation, observed: In Mize the supreme court seems to have held that the six factors must be weighed in making the ultimate decision when there are circumstances which would justify a departure from the general rule that what is best for the relocating parent is best for the child.

11995–1995
Traders' Nat. Bank v. First Nat. Bank neutral
tenn · 1919
1 sentence

1963In Traders National Bank v. First National Bank, 1920, 142 Tenn. 229 , 217 S.W. 977 , 9 A.L.R. 382 , the Court held, when appellant bank, in response to receipt of a check drawn on it, mailed a draft to appellee bank but phoned and requested return of the draft prior to its receipt by appellee, that appellant had not accepted the check.

11963–1963

Statutes the citing opinions construe

FL § 61.13 (3)

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.

Where else courts name it

NY 61 (1880–2022) CA 36 (1914–2026) MD 30 (1961–2018) PA 11 (1922–2020) FL 10 (1925–2010) MA 10 (1949–2018) TX 10 (1856–2007) GA 8 (1918–2022) MI 8 (1973–2023) CT 8 (1885–2014) IL 7 (1883–1990) TN 7 (1921–2013) MN 6 (1907–2003) OH 6 (1999–2021) NM 6 (1946–2022) RI 6 (1924–2024) UT 6 (1999–2025) NE 5 (1893–1965) AL 5 (1908–1998) WA 5 (1941–2010) WV 4 (1949–2024) ID 4 (1980–2022) NH 4 (1998–2010) SC 3 (1904–2003) OK 3 (1988–2010) AZ 3 (1997–2019) NJ 3 (2001–2017) VA 3 (1906–1949) IA 3 (1960–2014) HI 3 (1966–1987) KY 3 (1817–1996) AR 2 (1978–1978) WY 2 (1956–1992) VI 2 (2008–2008) OR 2 (1977–1989) MO 2 (1857–1901) IN 2 (1918–1983) DC 2 (1957–1990) ME 2 (1966–2008)

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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