repeal rule (Florida) · Go Syfert
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repeal rule in Florida

10 Florida opinions name it 2 courts 1996–2026 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.

Followed or applied (6)

CaseFollowedCited
In Re Rule of Criminal Procedure 3.851green
fla · 1993 · cited in 2 Florida opinions naming this issue, 2000–2000
2 sentences

2000Further, in accord with presently existing rule 3.852, records will continue to be produced at the records repository. [7] In In re Rule of Criminal Procedure 3.851, 626 So.2d 198, 199 (Fla.1993), this Court stated in the Commentary that "[i]n the event the capital collateral representative is not fully funded and available to provide proper representation for all death penalty defendants, the reduction in the time period [for filing initial postconviction motions from two years to one year] would not be justified and would necessarily have to be repealed, and this Court will forthwith enterta

2000See In re Rule of Criminal Procedure 3.851, 626 So.2d 198, 199 (Fla.1993).

22
Mobile Home Owners v. Fl. Housing Ass'ngreen
fladistctapp · 1996 · cited in 2 Florida opinions naming this issue, 2004–2017
2 sentences

2017In Federation, this court found the repeal of a rule setting forth the procedures for amending documentation that must be submitted to the Department for approval was a rule because “the repeal of the rale improperly vests the agency with unbridled discretion over review and approval of amendments.” 683 So.2d at 591 .

2004An agency's repeal of a rule is considered a rule subject to challenge when it has "the effect of creating or implementing a new rule or policy." Fed. of Mobile Home Owners of Fla., Inc. v. Fla. Manufactured Housing Ass'n, 683 So.2d 586, 591 (Fla. 1st DCA 1996).

12
State v. Town of Sweetwatergreen
fla · 1959 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Levin merely recognizes and properly applies the terms of the rule. 2 See, e.g., State v. Town of Sweetwater, 112 So. 2d 852, 854 (Fla. 1959) (“It is an elemental principle of appellate procedure that every judgment, order or decree of a trial court brought up for review is clothed with the presumption of correctness and that the burden is upon the appellant in all of such proceedings to make error clearly appear.”). 9 If postconviction appellants wish to present whatever part of the trial record they believe supports relief, regardless of whether it is an authorized part of the record as set

11
Weingrad v. Milesgreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Weingrad v. Miles, 29 So.3d 406, 409 (Fla. 3d DCA 2010) (noting that without clear legislative intent to the contrary, substantive statutory changes will not apply retroactively). 2 .

11
NORTH FLA. WOMEN'S HEALTH SERVICES v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004Review of such a determination requires that "the trial court's ultimate ruling must be subjected to de novo review, but the court's factual findings must be sustained if supported by legally sufficient evidence." N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 626-27 (Fla. 2003) (footnote omitted).

11
Christo v. STATE, DEPT. OF BANKING & FIN.green
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996See Christo v. Florida Dep't of Banking and Finance, 649 So.2d 318 (Fla. 1st DCA), review dismissed mem., 660 So.2d 712 (Fla.1995).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
In Re Rules Govern. Capital Postconvictiongreen
fla · 2000 · cited in 2 Florida opinions naming this issue, 2000–2014
2 sentences

2014In re Rules Governing Capital Postconviction Actions, 763 So.2d 273 (Fla.2000).

2000But see In re Rules Governing Capital Postconviction Actions, No. SC00-242, ___ So.2d ___, 2000 WL 140900 (Fla. Feb. 7, 2000)(readopting Florida Rules of Criminal Procedure 3.850, 3.851, and 3.852 nunc pro tunc January 14, 2000, until June 30, 2000, or when new rules are adopted). [2] At the conclusion of the status conference held on October 5, 1999, the trial court directed Sims to file any successive motion under Florida Rule of Criminal Procedure 3.850 by 5 p.m. on October 12, 1999.

12

Also cited on this issue (2)

CaseCitedYears
NAACP, INC. v. Florida Bd. of Regents green
fladistctapp · 2002
1 sentence

2003Id. at 3 . [3] APPEAL The NAACP appealed the ALJ's decision to the First District, and the Florida Board of Regents and the State Board of Education cross-appealed.

12003–2003
Hobe Assoc. v. State, Dept. of Business Regulation green
fladistctapp · 1987
1 sentence

1996The hearing officer premised his ruling that the repeal of the rule providing that a prospectus is viable for the length of a "tenancy" was arbitrary and capricious and therefore invalid on an erroneous interpretation of this court's decisions in Herrick and Hobe Associates, Ltd. v. Florida Department of Business Regulation, 504 So.2d 1301 (Fla. 1st DCA 1987).

11996–1996

Statutes the citing opinions construe

FL § 120.56 (4) FL § 119.07 (3) FL § 120.52 (3) FL § 120.54 (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

FL 10 (1996–2026) NC 8 (1977–2012) OK 6 (1921–2023) CA 6 (1913–2022) MI 3 (1904–1962) TX 3 (2008–2015) IL 2 (1902–1977) OH 2 (1973–2023) GA 2 (1938–1992) MD 2 (1990–1993) PA 2 (1947–1965) NY 2 (1906–1934) AZ 2 (1930–1967) WA 2 (2012–2015) CO 2 (1992–1998)

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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