10 Florida opinions name it 2 courts 1982–2026 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.
| Case | Followed | Cited |
|---|---|---|
State of Florida v. Cynthia J. Benninghoffgreen2 sentences2017P. 3.213 and section 916.145.”); see also State v. Benninghoff, 188 So.3d 64, 67 (Fla. 4th DCA 2016) (“Cases reviewing the dismissal of charges, pursuant to section 916.145, Florida Statutes, and rule 3.213 of the Florida Rules of Criminal Procedure have uniformly and consistently enforced the five-year requirement before dismissal. 2016P. 3.213(a)(1); State v. Benninghoff, 188 So.3d 64, 67 (Fla. 4th DCA 2016) (providing a collection of cases that stand for the proposition that “[c]ases reviewing the dismissal of charges, pursuant to section 916.145, Florida Statutes, and rule 3.213 of the Florida Rules of Criminal Procedure have uniformly and consistently enforced the five-year requirement before dismissal”). | 2 | 2 |
Gould v. Stategreen2 sentences2017See Bryant v. State, 99 So.3d 612, 613 (Fla. 5th DCA 2012) (affirming denial of motion to dismiss because five years had not elapsed); Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (reversing dismissal of charges because five years had not elapsed). 2016See Bryant v. State, 99 So.3d 612, 613 (Fla. 5th DCA 2012) (affirming denial of motion to dismiss because five years had not elapsed); Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (reversing dismissal of charges because five years had not elapsed); Mosher v. State, 876 So.2d 1230, 1232 (Fla. 1st DCA 2004) (affirming denial of motion to dismiss prior to expiration of five years). | 2 | 2 |
NCAA v. Brinkworthgreen1 sentence2026Indeed, our sibling court in National College Athletic Ass’n v. Brinkworth, 680 So. 2d 1081, 1084 (Fla. 3d DCA 1996), concluded in a similar case “that there is no showing that the NCAA’s own internal procedures were either inadequate or unfair.” Like this case, it stated: The NCAA has adopted a procedure which allows a student athlete to apply for a waiver of the five-year rule. | 1 | 1 |
Mosher v. Stategreen1 sentence2016See Bryant v. State, 99 So.3d 612, 613 (Fla. 5th DCA 2012) (affirming denial of motion to dismiss because five years had not elapsed); Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (reversing dismissal of charges because five years had not elapsed); Mosher v. State, 876 So.2d 1230, 1232 (Fla. 1st DCA 2004) (affirming denial of motion to dismiss prior to expiration of five years). | 1 | 1 |
Bover v. Stategreen1 sentence2001An evidentiary determination may also be required in cases in which the defendant contends that a predicate offense has been set aside in postconviction proceedings. 732 So.2d at 1192 (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tiburcio v. State
green
2 sentences2017See Bryant v. State, 99 So.3d 612, 613 (Fla. 5th DCA 2012) (affirming denial of motion to dismiss because five years had not elapsed); Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (reversing dismissal of charges because five years had not elapsed). 2016See Bryant v. State, 99 So.3d 612, 613 (Fla. 5th DCA 2012) (affirming denial of motion to dismiss because five years had not elapsed); Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (reversing dismissal of charges because five years had not elapsed); Mosher v. State, 876 So.2d 1230, 1232 (Fla. 1st DCA 2004) (affirming denial of motion to dismiss prior to expiration of five years). | 2 | 2016–2017 |
DIVISION OF ADMINISTRATION, ETC v. Ely
green
2 sentences1983The fact that Southeastern Propane Gas Co. as a company has been incorporated and doing business elsewhere throughout the state since the early 1950's does not satisfy this five year requirement under the statute. 351 So.2d at 69 . 1982In Division of Administration v. Ely, 351 So.2d 66 (Fla. 3d DCA 1977), our sister court stated in dicta that the claimant in that case was not entitled to business damages because its business had not been operated on the adjoining land for more than five years “as further required by the statute.” The court commented that the fact that the claimant as a company had been incorporated and doing business elsewhere throughout the state since the early 1950’s did not satisfy the five-year requirement under the statute. | 2 | 1982–1983 |
Blockbuster Video v. State, Dot
green
1 sentence1999This statute limits the right to business damages from a partial taking to the damages sustained by "an established business of more than 5 years standing....." § 73.071(3)(b), Fla. Stat. (1991); Blockbuster Video, Inc. v. State, Department of Transp., 714 So.2d 1222 (Fla. 2d DCA 1998); Joynt v. Orange County, 701 So.2d 1249 (Fla. 5th DCA 1997). | 1 | 1999–1999 |
Joynt v. Orange County
green
1 sentence1999This statute limits the right to business damages from a partial taking to the damages sustained by "an established business of more than 5 years standing....." § 73.071(3)(b), Fla. Stat. (1991); Blockbuster Video, Inc. v. State, Department of Transp., 714 So.2d 1222 (Fla. 2d DCA 1998); Joynt v. Orange County, 701 So.2d 1249 (Fla. 5th DCA 1997). | 1 | 1999–1999 |
Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. SERVICE, INC.
green
1 sentence1998Morris, 444 So.2d at 929 . | 1 | 1998–1998 |
Tripp v. State
green
1 sentence1994In this motion, appellant relied on Tripp v. State, 622 So.2d 941 (Fla. 1993), to support his entitlement to credit for time served on the original five-year prison terms and all gain time earned in case numbers 87-882 and 87-902, to be applied to the five-year violation of probation sentences. | 1 | 1994–1994 |
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.