ten-day rule in Florida

10 Florida opinions name it 1 courts 1967–2018 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 (5)

Case	Followed	Cited
Brake v. Murphygreen fladistctapp · 1997 · cited in 2 Florida opinions naming this issue, 1998–2000 2 sentences 2000While in extraordinary circumstances some courts have allowed exceptions to the ten day rule, see, e.g., Brake v. Murphy, 693 So.2d 663 (Fla. 3d DCA), rev. denied, 700 So.2d 686 (Fla.1997), no extraordinary circumstances are presented in this case. 1998See Dura-Stress, Inc. v. Law, 634 So.2d 769, 770 (Fla. 5th DCA 1994)(writ of prohibition denied because motion to disqualify was untimely for first of four cases but granted for the remaining three untried cases); see also Brake v. Murphy, 693 So.2d 663, 665 (Fla. 3d DCA), rev. denied, 700 So.2d 686 (Fla.1997)(trial judge entered highly questionable orders after ex parte communication).	1	2
Cespedes v. Yellow Transportation, Inc.green fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2017–2017 1 sentence 2017Cespedes v. Yellow Transp., Inc., 130 So.3d 243, 252 (Fla. 1st DCA 2013) (relying on section 395.002, Florida Statutes (2005), which defines “emergency services and care” and “emergency medical condition”).	1	1
DW v. Stategreen fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012See D.W., 77 So.3d at 805 .	1	1
Department of Law Enf. v. Real Propertygreen fla · 1991 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000J.B., 768 So.2d at 1066 -67 (citing Dawson v. Saada, 608 So.2d 806, 808 (Fla.1992)); Department of Law Enforcement v. Real Property, 588 So.2d 957, 959-60 (Fla.1991).	1	1
Dawson v. Saadagreen fla · 1992 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000J.B., 768 So.2d at 1066 -67 (citing Dawson v. Saada, 608 So.2d 806, 808 (Fla.1992)); Department of Law Enforcement v. Real Property, 588 So.2d 957, 959-60 (Fla.1991).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
State v. Morris green fladistctapp · 1995 2 sentences 2001In Gantt, Cordero, and State v. Morris, 662 So.2d 378 (Fla. 4th DCA 1995), the state arrested the defendants, dismissed the charges, and then refiled them without notifying the defendants or rearresting them. 2001In Gantt, Cordero, and State v. Morris, 662 So.2d 378 (Fla. 4th DCA 1995), the state arrested the defendants, dismissed the charges, and then refiled them without notifying the defendants or rearresting them.	2	2001–2001
I Creatives, Inc. v. Premier Printing Solutions, Inc. green fladistctapp · 2015 1 sentence 2018I Creatives, Inc., 163 So. 3d at 607 (citing United Auto Ins.	1	2018–2018
Chuck v. City of Homestead Police Dept. green fladistctapp · 2004 1 sentence 2009Id.	1	2009–2009
Jb v. Fla. Dept. of Children and Fam. Services green fla · 2000 1 sentence 2000J.B., 768 So.2d at 1066 -67 (citing Dawson v. Saada, 608 So.2d 806, 808 (Fla.1992)); Department of Law Enforcement v. Real Property, 588 So.2d 957, 959-60 (Fla.1991).	1	2000–2000
Dura-Stress, Inc. v. Law green fladistctapp · 1994 1 sentence 1998See Dura-Stress, Inc. v. Law, 634 So.2d 769, 770 (Fla. 5th DCA 1994)(writ of prohibition denied because motion to disqualify was untimely for first of four cases but granted for the remaining three untried cases); see also Brake v. Murphy, 693 So.2d 663, 665 (Fla. 3d DCA), rev. denied, 700 So.2d 686 (Fla.1997)(trial judge entered highly questionable orders after ex parte communication).	1	1998–1998
Daoud v. Matz green fla · 1954 1 sentence 1967The court took judicial notice on the basis of Daoud v. Matz, Fla. 1954, 73 So.2d 51 , of the ten-day rule of the Structural Pest Control Commission.	1	1967–1967
Roper v. Structural Pest Control Commission green fladistctapp · 1963 2 sentences 1967Subsequent to Roper v. Structural Pest Control Commission, supra, the ten-day rule has been replaced by the twenty-day rule, Florida Administrative Code, Chapter 333-7.01. [4] Although there is no mention of renewal of certificate in F.S.A. § 482.171 as the section deals specifically with revocation or suspension, nevertheless, F.S.A. § 482.171 must be read in pari materia with F.S.A. § 482.161 which includes therein power to deny renewal of a certificate. 1967Subsequent to Roper v. Structural Pest Control Commission, supra, the ten-day rule has been replaced by the twenty-day rule, Florida Administrative Code, Chapter 333-7.01. [4] Although there is no mention of renewal of certificate in F.S.A. § 482.171 as the section deals specifically with revocation or suspension, nevertheless, F.S.A. § 482.171 must be read in pari materia with F.S.A. § 482.161 which includes therein power to deny renewal of a certificate.	1	1967–1967

Where else courts name it

TX 36 (1959–2013) PA 18 (1987–2025) IN 10 (1972–2016) MS 10 (1990–2024) FL 10 (1967–2018) GA 10 (1995–2022) CT 9 (1986–2002) SC 8 (2004–2024) MO 6 (1970–2009) AZ 6 (1983–2013) NJ 5 (1984–2022) NC 4 (1982–2016) MT 4 (1995–2008) OH 3 (2000–2000) DC 3 (1978–2011) LA 3 (1995–2009) MI 3 (1980–1989) NY 3 (1872–1949) KY 3 (1983–2018) OK 3 (1972–2016) WY 2 (1984–1986) AL 2 (1979–1989) TN 2 (2011–2014) WI 2 (1984–2020) CA 2 (1941–1961) IL 2 (1956–1970) MA 2 (1990–2012) SD 2 (2001–2009) AR 2 (1980–1987)

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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