proven violation (Florida) · Go Syfert
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proven violation in Florida

9 Florida opinions name it 2 courts 1940–2019 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
Cherington v. Stategreen
fladistctapp · 2009 · cited in 3 Florida opinions naming this issue, 2019–2019
2 sentences

2019See Cherington , 24 So.3d at 661 .

2019See Cherington , 24 So.3d at 661 .

33

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 (8)

CaseCitedYears
Talat Enterprises, Inc. v. Aetna Cas. & Sur. Co. green
fla · 2000
1 sentence

2018“Once those elements exist, there is no impediment as a matter of law to a recovery of damages for violation of section 624.155(1)(b)1[.] dating from the date of a proven violation.” Id.

12018–2018
Blanchard v. State Farm Mut. Auto. Ins. green
fla · 1991
2 sentences

2016Id.

2016Id.

12016–2016
Gutierrez v. State green
fladistctapp · 2003
1 sentence

2012Cf. Gutierrez v. State, 860 So.2d 1043 (Fla. 5th DCA 2003) (finding that no evidentiary hearing was needed on Gutierrez’s claim that counsel failed to investigate an insanity defense when Gutierrez never claimed that he was insane at the time of the offenses).

12012–2012
Patton v. State green
fla · 2000
1 sentence

2012The court noted that a proven claim of either intoxication or insanity would have negated the specific intent necessary for a conviction, and therefore “[a]t the very least this claim [that counsel was ineffective for failing to present either defense] should be tested at an evidentiary hearing.” Id.

12012–2012
Gavins v. State green
fladistctapp · 1991
1 sentence

1997Gavins v. State, 587 So.2d 487 (Fla. 1st DCA 1991).

11997–1997
Duval Jewelry Co. v. Smith green
fla · 1931
2 sentences

1971Glass v. Parrish, Fla.1951, 51 So.2d 717 ; Duval Jewelry Co. v. Smith, 102 Fla. 717 , 136 So. 878 (1931); and 52 Am.Jur.2d Malicious Prosecution § 83.

1971Glass v. Parrish, Fla.1951, 51 So.2d 717 ; Duval Jewelry Co. v. Smith, 102 Fla. 717 , 136 So. 878 (1931); and 52 Am.Jur.2d Malicious Prosecution § 83.

11971–1971
Glass v. Parrish green
fla · 1951
1 sentence

1971Glass v. Parrish, Fla.1951, 51 So.2d 717 ; Duval Jewelry Co. v. Smith, 102 Fla. 717 , 136 So. 878 (1931); and 52 Am.Jur.2d Malicious Prosecution § 83.

11971–1971
E. E. Alley Co. v. Ball neutral
fla · 1931
2 sentences

1940Alley Co. v. Ball, 102 Fla. 1034 , 136 So. 704 , And since the evidence *58 in support of a plea can have no greater effect as a proven' defense in law than the plea under which it was offered warrants (because of the rule that the allegata and probata must correspond), a motion for a directed verdict on the ground that a plea has been' established as a defense as a matter of law, in legal effect puts in issue for a ruling by the Court thereon both the sufficiency of the plea as a matter of pleading as well as the legal sufficiency of the evidence to warrant a directed verdict on such plea.

1940Alley Co. v. Ball, 102 Fla. 1034 , 136 So. 704 , And since the evidence *58 in support of a plea can have no greater effect as a proven' defense in law than the plea under which it was offered warrants (because of the rule that the allegata and probata must correspond), a motion for a directed verdict on the ground that a plea has been' established as a defense as a matter of law, in legal effect puts in issue for a ruling by the Court thereon both the sufficiency of the plea as a matter of pleading as well as the legal sufficiency of the evidence to warrant a directed verdict on such plea.

11940–1940

Where else courts name it

TX 16 (2001–2026) WY 12 (1987–2026) FL 9 (1940–2019) NY 7 (1981–2014) ND 2 (1995–1995) PA 2 (2015–2019) MI 2 (1985–2021) NM 2 (1993–1993) LA 2 (1976–1977) CA 2 (1988–2018) NJ 2 (2000–2018)

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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