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9 Florida opinions name it 2 courts 1960–2025 2 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 |
|---|---|---|
Batlemento v. Dove Fountain, Inc.green1 sentence2025In reversing and remanding for a new trial, the First District held that defense counsel’s “misleading statement implied that an award of damages would be paid solely by the individual and was nothing less than an appeal to the jury to protect that individual from a harmful verdict.” Id. at 51. “[I]t is not appropriate to appeal to a jury’s sympathy; appeals to sympathy and attempts to inject a party’s wealth, or lack thereof, are improper.” Id. (citing Batlemento v. Dove Fountain, Inc., 593 So. 2d 234, 242 (Fla. 5th DCA 1991); Seaboard Air Line Ry. v. Smith, 43 So. 235 (Fla. 1907)). | 1 | 1 |
Chin v. CAIAFFAgreen1 sentence2025The Hollenbeck court did not preclude defense counsel from referring to their client as the defendant or identifying them by name, and none of the five cases that have cited Hollenbeck since 2008 has done so either. 2 Here, defense counsel did not misrepresent Rodrigues’s status to the jury, as in Hollenbeck. 2See Chin v. Caiaffa, 42 So. 3d 300, 308 (Fla. 3d DCA 2010); Samuels v. Torres, 29 So. 3d 1193 , 1196–97 (Fla. 5th DCA 2010); Cascanet v. Allen, 83 So. 3d 759 (Fla. 5th DCA 2011); Linzy v. Rayburn, 58 So. 3d 424 , 426–27 (Fla. 1st DCA 2011). 6 There was no inappropriate mention of insuran | 1 | 1 |
Robert N. Gresham v. State of Floridagreen1 sentence2023See Gresham v. State, 181 So. 3d 1207, 1209 (Fla. 1st DCA 2015) (“A harmless error analysis should be applied when a trial court denies a facially sufficient rule 3.853 motion without first receiving a response from the State.”). | 1 | 1 |
Simmons v. Simmonsgreen2 sentences2018Thus, I respectfully dissent from that portion of the Court’s en banc opinion. 2 Analysis i. En Banc Review is Required As noted by the majority, in Farghali, we adopted a First District rule that “a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing.” Farghali v. 2I agree with the majority that reversal is required because of the circuit court’s denial of the Former Husband’s requests to conduct a vocational examination. 9 Farghali, 187 So 2018In Farghali, we adopted a First District rule that “a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing.” Id. at 339 (quoting Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008)). | 1 | 1 |
Robert N. Badgley, Jr. v. Maria Belen Sanchezgreen1 sentence2018See, e.g., Badgley v. Sanchez, 165 So. 3d 742 (Fla. 4th DCA 2015); Rentel v. Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010); Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008); Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005). | 1 | 1 |
Moustafa Farghali v. Joyce Farghaligreen2 sentences2018Thus, I respectfully dissent from that portion of the Court’s en banc opinion. 2 Analysis i. En Banc Review is Required As noted by the majority, in Farghali, we adopted a First District rule that “a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing.” Farghali v. 2I agree with the majority that reversal is required because of the circuit court’s denial of the Former Husband’s requests to conduct a vocational examination. 9 Farghali, 187 So 2018In Farghali, we adopted a First District rule that “a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing.” Id. at 339 (quoting Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008)). | 1 | 1 |
Alford v. Summerlingreen1 sentence1982See Alford v. Summerlin, 362 So.2d 103 (Fla. 1st DCA 1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Beal v. McKee
green
1 sentence2025In reversing and remanding for a new trial, the First District held that defense counsel’s “misleading statement implied that an award of damages would be paid solely by the individual and was nothing less than an appeal to the jury to protect that individual from a harmful verdict.” Id. at 51. “[I]t is not appropriate to appeal to a jury’s sympathy; appeals to sympathy and attempts to inject a party’s wealth, or lack thereof, are improper.” Id. (citing Batlemento v. Dove Fountain, Inc., 593 So. 2d 234, 242 (Fla. 5th DCA 1991); Seaboard Air Line Ry. v. Smith, 43 So. 235 (Fla. 1907)). | 1 | 2025–2025 |
Linzy v. Rayburn
neutral
1 sentence2025The Hollenbeck court did not preclude defense counsel from referring to their client as the defendant or identifying them by name, and none of the five cases that have cited Hollenbeck since 2008 has done so either. 2 Here, defense counsel did not misrepresent Rodrigues’s status to the jury, as in Hollenbeck. 2See Chin v. Caiaffa, 42 So. 3d 300, 308 (Fla. 3d DCA 2010); Samuels v. Torres, 29 So. 3d 1193 , 1196–97 (Fla. 5th DCA 2010); Cascanet v. Allen, 83 So. 3d 759 (Fla. 5th DCA 2011); Linzy v. Rayburn, 58 So. 3d 424 , 426–27 (Fla. 1st DCA 2011). 6 There was no inappropriate mention of insuran | 1 | 2025–2025 |
Samuels v. Torres
green
1 sentence2025The Hollenbeck court did not preclude defense counsel from referring to their client as the defendant or identifying them by name, and none of the five cases that have cited Hollenbeck since 2008 has done so either. 2 Here, defense counsel did not misrepresent Rodrigues’s status to the jury, as in Hollenbeck. 2See Chin v. Caiaffa, 42 So. 3d 300, 308 (Fla. 3d DCA 2010); Samuels v. Torres, 29 So. 3d 1193 , 1196–97 (Fla. 5th DCA 2010); Cascanet v. Allen, 83 So. 3d 759 (Fla. 5th DCA 2011); Linzy v. Rayburn, 58 So. 3d 424 , 426–27 (Fla. 1st DCA 2011). 6 There was no inappropriate mention of insuran | 1 | 2025–2025 |
CASCANET v. Allen
green
1 sentence2025The Hollenbeck court did not preclude defense counsel from referring to their client as the defendant or identifying them by name, and none of the five cases that have cited Hollenbeck since 2008 has done so either. 2 Here, defense counsel did not misrepresent Rodrigues’s status to the jury, as in Hollenbeck. 2See Chin v. Caiaffa, 42 So. 3d 300, 308 (Fla. 3d DCA 2010); Samuels v. Torres, 29 So. 3d 1193 , 1196–97 (Fla. 5th DCA 2010); Cascanet v. Allen, 83 So. 3d 759 (Fla. 5th DCA 2011); Linzy v. Rayburn, 58 So. 3d 424 , 426–27 (Fla. 1st DCA 2011). 6 There was no inappropriate mention of insuran | 1 | 2025–2025 |
MYRTIL v. State
green
1 sentence2018We then stated that “[a]lthough we have not expressly adopted this rule before, we do so now.” Id. | 1 | 2018–2018 |
Mondello v. Torres
green
1 sentence2018See, e.g., Badgley v. Sanchez, 165 So. 3d 742 (Fla. 4th DCA 2015); Rentel v. Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010); Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008); Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005). | 1 | 2018–2018 |
Rentel v. Rentel
green
1 sentence2018See, e.g., Badgley v. Sanchez, 165 So. 3d 742 (Fla. 4th DCA 2015); Rentel v. Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010); Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008); Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005). | 1 | 2018–2018 |
Aguirre v. Aguirre
green
1 sentence2018See, e.g., Badgley v. Sanchez, 165 So. 3d 742 (Fla. 4th DCA 2015); Rentel v. Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010); Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008); Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005). | 1 | 2018–2018 |
Dorsett v. Dorsett
green
1 sentence2018See, e.g., Badgley v. Sanchez, 165 So. 3d 742 (Fla. 4th DCA 2015); Rentel v. Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013) (per curiam); Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010); Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008); Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005). | 1 | 2018–2018 |
Central Hudson Gas & Electric Corp. v. Public Service Commission
green
2 sentences2012As a result, the First District applied the test from Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 , 100 S.Ct. 2343 , 65 L.Ed.2d 341 (1980), rather than the more deferential O’Brien standard. 2012As a result, the First District applied the test from Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 , 100 S.Ct. 2343 , 65 L.Ed.2d 341 (1980), rather than the more deferential O’Brien standard. | 1 | 2012–2012 |
State v. Montgomery
yellow
1 sentence2010After reviewing the standard instruction on manslaughter by act, the Florida Supreme Court agreed with the First District that the instruction could mislead the jury in believing “that in order to convict Montgomery of manslaughter by act, it had to find that he intended to kill [the victim].” Id. at 257 . | 1 | 2010–2010 |
Swindell v. Hellkamp
green
1 sentence1986In so holding, we disagree with the first district in Harris v. Moriconi, 331 So.2d 353 (Fla. 1st DCA), cert. dismissed, 341 So.2d 1084 (Fla. 1976), that because the term "negligence" as customarily used in tort actions and the term "careless" as used in the statute are synonymous, a child under the age of six is, as a matter of law, incapable of being careless within the meaning of the statute. [2] In arriving at its decision, the first district applied the presumption, enunciated in Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970), that in the absence of a legislative declaration, any child u | 1 | 1986–1986 |
Harris v. Moriconi
green
1 sentence1986In so holding, we disagree with the first district in Harris v. Moriconi, 331 So.2d 353 (Fla. 1st DCA), cert. dismissed, 341 So.2d 1084 (Fla. 1976), that because the term "negligence" as customarily used in tort actions and the term "careless" as used in the statute are synonymous, a child under the age of six is, as a matter of law, incapable of being careless within the meaning of the statute. [2] In arriving at its decision, the first district applied the presumption, enunciated in Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970), that in the absence of a legislative declaration, any child u | 1 | 1986–1986 |
Farmhand, Inc. v. Brandies
green
1 sentence1979This decision conflicts with Farmhand, Inc. v. Brandies, 327 So.2d 76 (Fla. 1st DCA 1976), in which the First District applied the doctrine and held that it created an exception to a manufacturer's liability. | 1 | 1979–1979 |
Budgen v. Brady
green
1 sentence1960In Budgen v. Brady, Fla.App. 1958, 103 So.2d 672, 674 , the First District stated the rule as follows: "* * * The rule governing directed verdicts is that if no evidence is introduced upon which the jury may lawfully find a verdict for one party, the jury may be directed to find for the opposite party * * *. | 1 | 1960–1960 |
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.