principles waiver (Florida) · Go Syfert
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principles waiver in Florida

10 Florida opinions name it 3 courts 1962–2016 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 (1)

CaseFollowedCited
Hack v. Stategreen
· 1910 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016Such a course raised up a sort of a barrier which the court could utilize when a prosecution was successful which ought not to have been successful, or when a man without money, without counsel, without ability to summon witnesses, and not permitted to tell his own story, had been unjustly convicted but yet under the ordinary principles of waiver as applied to civil matters, had waived every defect in the proceedings. 35 Id. at 237 (quoting Hack v. Wisconsin, 124 N.W. 492, 494 (Wis. 1910)).

2016Applying the maxim cessante ratione legit cessat et ipsa lex, the court acknowledged that the “conditions which formed the basis for this common law rule have ceased to exist, and with their disappearance justification for the old rule no longer rests upon a substantial basis.” Id.

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 (12)

CaseCitedYears
Patton v. United States red
scotus · 1930
2 sentences

2016Such a course raised up a sort of a barrier which the court could utilize when a prosecution was successful which ought not to have been successful, or when a man without money, without counsel, without ability to summon witnesses, and not permitted to tell his own story, had been unjustly convicted but yet under the ordinary principles of waiver as applied to civil matters, had waived every defect in the proceedings. 35 Id. at 237 (quoting Hack v. Wisconsin, 124 N.W. 492, 494 (Wis. 1910)).

2016Id. at 237 (quoting Hack v. Wisconsin, 141 Wis. 346 , 124 N.W. 492, 494 (1910)).

12016–2016
R.J. Reynolds Tobacco Co. v. Townsend green
fladistctapp · 2012
1 sentence

2013Reynolds Tobacco Co. v. Townsend, 90 So.3d 307 (Fla. 1st DCA 2012) (Townsend I), we are constrained by the principles of waiver and law of the case to affirm.

12013–2013
United States v. Florez green
nmd · 1994
2 sentences

2011Id. at 1424 .

2011Id. at 1424 .

12011–2011
Bowles v. Singletary green
fla · 1997
2 sentences

2000Finally, as to Lewis, who committed his crime in 1989, we have already held in Bowles v. Singletary, 698 So.2d 1201 (Fla. 1997), that based on the principles of waiver, the State can use section 944.28(1), Florida Statutes (1989), to forfeit regular gain time upon control release revocation even if the releasee's underlying criminal offense was committed prior to the effective date of the control release program, if the releasee accepted placement on control release.

2000Id.

12000–2000
Phillips v. Sanchez green
fla · 1895
1 sentence

1995Interestingly, the case in which we established the doctrine, Phillips v. Sanchez, 35 Fla. 187 , 17 So. 363 (1895), involved circumstances where the wife, acting as an agent for the husband, incurred obligations for the care of her invalid husband and the claim was against his estate.

11995–1995
Robert Gissendanner v. Louie L. Wainwright, Samuel Choice v. Louie L. Wainwright, John Forest Smalley v. Louie L. Wainwright green
ca5 · 1973
1 sentence

1983In Gissendanner v. Wainwright, 482 F.2d 1293 (5th Cir.1973), an illegally obtained confession provided the identities of two accused rapists and accounted for their *363 presence in a lineup identification.

11983–1983
Cummins v. City of West Linn green
orctapp · 1975
1 sentence

1982App. 643 , 536 P.2d 455 (1975), found res ipsa loquitur applicable in a sewage back-up case, the Oregon court's decision conflicts with the principles of the doctrine established by this Court, and hence has no persuasive value.

11982–1982
Ogden v. Ogden green
fla · 1947
2 sentences

1982Ogden v. Ogden, 159 Fla. 604 , 33 So.2d 870 (1948).

1982Ogden v. Ogden, 159 Fla. 604 , 33 So.2d 870 (1948).

11982–1982
Nadler v. Home Ins. Co. neutral
fladistctapp · 1976
1 sentence

1979With regard to the plaintiff’s second ground for exclusion of testimony, we find reversal on this basis to be precluded by the principles of waiver or invited error as set forth in Nadler v. Home Insurance Company, 339 So.2d 280 (Fla. 3d DCA 1976).

11979–1979
Town of Miami Springs v. Lasseter neutral
fla · 1952
1 sentence

1962However, it is the finding of this court that the principles of waiver and estoppel are not applicable to the facts of this case, which is controlled by the decisions in Town of Miami Springs v. Lasseter, 60 So.2d 774 (Fla. 1952) ; Olivier v. City of St.

11962–1962
Buck v. City of Hallandale green
fla · 1955
1 sentence

1962Petersburg, 65 So.2d 71 (Fla. 1953) ; and Buck v. City of Hallandale, 85 So.2d 825 (Fla. 1956).

11962–1962
Olivier v. City of St. Petersburg green
fla · 1953
1 sentence

1962Petersburg, 65 So.2d 71 (Fla. 1953) ; and Buck v. City of Hallandale, 85 So.2d 825 (Fla. 1956).

11962–1962

Where else courts name it

IL 117 (1958–2026) CA 51 (1895–2026) PA 33 (1839–2025) MD 22 (1909–2020) MO 21 (1890–2024) NY 21 (1859–2018) NJ 18 (1945–2023) GA 17 (1939–2015) TX 17 (1910–2026) NC 16 (1994–2022) IA 16 (1939–2026) MN 15 (1987–2025) WI 14 (1975–2019) OH 14 (2005–2024) CT 11 (1972–2016) MI 11 (1983–2023) TN 11 (1905–2015) FL 10 (1962–2016) WV 10 (1903–2026) AL 9 (1940–2008) VT 8 (1972–2026) VA 8 (1966–2020) OK 8 (1900–2015) MS 7 (1895–2025) ID 6 (1983–2025) OR 6 (1977–2025) MA 6 (1937–2025) KS 5 (1925–2021) WA 5 (1972–2020) UT 5 (1996–2024) LA 5 (1998–2025) RI 4 (1960–2004) DE 4 (1939–2015) NM 3 (2009–2024) WY 3 (1988–1997) IN 3 (1898–2014) CO 3 (1947–2025) AZ 3 (2010–2025) SD 3 (1957–2007) DC 3 (1979–2012) NV 3 (2009–2021) MT 3 (1927–2008) KY 2 (1965–2025) AR 2 (1909–2012) ME 2 (1973–2020) HI 2 (1946–1995)

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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