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9 Florida opinions name it 2 courts 1972–2021 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.
| Case | Followed | Cited |
|---|---|---|
Hogan v. Stategreen2 sentences1997Hogan v. State, 330 So.2d 557, 559 (Fla. 2d DCA 1976). 1995Hogan v. State, 330 So.2d 557, 559 (Fla. 2d DCA 1976). | 2 | 2 |
Gonzalez v. Tremont Body and Towing, Inc.green1 sentence2021Where a motor vehicle repair shop fails to substantially comply with the provisions of the Act, it may not enforce a lien to secure payment or proceed under a theory of implied contract. § 559.919, Fla. Stat. (2019); Osteen v. Morris, 481 So. 2d 1287 , 1289–90 (Fla. 5th DCA 1986) (holding that the repair shop violated the Florida Motor Vehicle Repair Act when it failed to provide the customer with a written estimate or obtain a signed waiver from the customer, and that the trial court did not err when it denied the repair shop’s claim of quantum meruit); Gonzalez v. Tremont Body & Towing, Inc. | 1 | 1 |
State v. Lerouxgreen1 sentence2005We recognize that the Florida Supreme Court noted in State v. Leroux, 689 So.2d 235, 237 (Fla.1996), that "[t]here may also be a difference between a `promise' as commonly understood, and an attorney's expert advice to his client.... | 1 | 1 |
Harringer v. Stategreen1 sentence1994Parker now argues that, in light of Tucker v. State, 559 So.2d 218 (Fla. 1990) (indicating that oral inquiry in addition to a written waiver is the better practice) and Harringer v. State, 566 So.2d 893, 894 (Fla. 4th DCA 1990) (holding that absent a written waiver, "it must appear in the record that the trial court inquired"), the trial court's failure to make any inquiry to establish that the waiver was given freely and knowingly requires reversal as a matter of law regardless of whether the waiver was in fact coerced and uninformed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Osteen v. Morris
green
1 sentence2021Where a motor vehicle repair shop fails to substantially comply with the provisions of the Act, it may not enforce a lien to secure payment or proceed under a theory of implied contract. § 559.919, Fla. Stat. (2019); Osteen v. Morris, 481 So. 2d 1287 , 1289–90 (Fla. 5th DCA 1986) (holding that the repair shop violated the Florida Motor Vehicle Repair Act when it failed to provide the customer with a written estimate or obtain a signed waiver from the customer, and that the trial court did not err when it denied the repair shop’s claim of quantum meruit); Gonzalez v. Tremont Body & Towing, Inc. | 1 | 2021–2021 |
Strickland v. Washington
green
2 sentences1997The sworn motion sets forth sufficient facts of coercion to satisfy the dictates of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and to require an evidentiary hearing. 1997The sworn motion sets forth sufficient facts of coercion to satisfy the dictates of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and to require an evidentiary hearing. | 1 | 1997–1997 |
Van Tuyn v. Zurich American Ins. Co.
green
1 sentence1996Id. at 320-21 . | 1 | 1996–1996 |
Tucker v. State
green
1 sentence1994Parker now argues that, in light of Tucker v. State, 559 So.2d 218 (Fla. 1990) (indicating that oral inquiry in addition to a written waiver is the better practice) and Harringer v. State, 566 So.2d 893, 894 (Fla. 4th DCA 1990) (holding that absent a written waiver, "it must appear in the record that the trial court inquired"), the trial court's failure to make any inquiry to establish that the waiver was given freely and knowingly requires reversal as a matter of law regardless of whether the waiver was in fact coerced and uninformed. | 1 | 1994–1994 |
Hill v. State
neutral
1 sentence1973In Hill v. State, 223 So.2d 548 (Fla.App. 1969), the court held that Miranda does not require affirmative response or express waiver. | 1 | 1973–1973 |
Ivory v. State
neutral
1 sentence1972The case of Ivory v. State, Fla.App.1966, 184 So.2d 896 , relied on by the appellant, contains language which supports the proposition just stated. | 1 | 1972–1972 |
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.