thoughtful analysis (Florida) · Go Syfert
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thoughtful analysis in Florida

9 Florida opinions name it 2 courts 1981–2024 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 (5)

CaseFollowedCited
Jackson v. Stategreen
fladistctapp · 2016 · cited in 2 Florida opinions naming this issue, 2020–2024
2 sentences

2024In any event, the Association has not asked us to reconsider Aery in this appeal, and it remains the law in this district.”); Usher v. Nipro Diabetes Sys., Inc., 184 So. 3d 1260, 1262 (Fla. 4th DCA 2016) (Gross, J., concurring specially) (“At this point, it is not necessary that we reconsider language in Aery . . . that may conflict with the thoughtful analysis in Kearns . . . .

2020As support for their position, the defendants cite Judge Gross’s specially concurring opinion in Usher v. Nipro Diabetes Systems, Inc., 184 So. 3d 1260, 1262 (Fla. 4th DCA 2016), which suggests this court may one day “reconsider language in Aery . . . that may conflict with the thoughtful analysis in Kearns . . . .” This is not that day, for we conclude the defendants’ argument was not preserved below and is thus waived.

22
Farr v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016“At the trial level ... ‘defendants have a right to control their own destinies’ when facing the death penalty.” Farr v. State, 656 So.2d 448, 450 (Fla.1995) (quoting Hamblen, 527 So.2d at 804 ).

11
Aery v. Wallace Lincoln-Mercury, LLCgreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016At this point, it is not necessary that we reconsider language in Aery v. Wallace Lincoln-Mercury, LLC, 118 So.3d 904, 915 (Fla. 4th DCA 2013), that may conflict with the thoughtful analysis in Kearns v. Farmer Acquisition, Co., 157 So.3d 458 (Fla. 2d DCA 2015).

2016At this point, it is not necessary that we reconsider language in Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904, 915 (Fla. 4th DCA 2013), that may conflict with the thoughtful analysis in Kearns v. Farmer Acquisition, Co., 157 So. 3d 458 (Fla. 2d DCA 2015).

11
US Sugar Corp. v. Hensongreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See U.S. Sugar Corp. v. Henson, 787 So.2d 3, 5 (Fla. 1st DCA 2000) (applying Frye to testimony that the cumulative effect of pesticide exposure caused phrenetic nerve mononeuropathy and finding both the general causation theory and specific causation methodology to be generally accepted), approved 823 So.2d at 109 (commending and approving "the thoughtful analysis performed by the district court below evaluating the general acceptance of the methodologies and scientific principles supporting Henson's experts' opinions"). *563 Other courts recognize this proposition as well.

11
US Sugar Corp. v. Hensongreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See U.S. Sugar Corp. v. Henson, 787 So.2d 3, 5 (Fla. 1st DCA 2000) (applying Frye to testimony that the cumulative effect of pesticide exposure caused phrenetic nerve mononeuropathy and finding both the general causation theory and specific causation methodology to be generally accepted), approved 823 So.2d at 109 (commending and approving "the thoughtful analysis performed by the district court below evaluating the general acceptance of the methodologies and scientific principles supporting Henson's experts' opinions"). *563 Other courts recognize this proposition as well.

11

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 (11)

CaseCitedYears
Hamblen v. State green
fla · 1988
2 sentences

2016The trial judge, who provided “a thoughtful analysis of the facts,” had “adequately fulfilled that function on his own, thereby protecting society’s interests in seeing that the death penalty was not imposed improperly.” Id.

2016“At the trial level ... ‘defendants have a right to control their own destinies’ when facing the death penalty.” Farr v. State, 656 So.2d 448, 450 (Fla.1995) (quoting Hamblen, 527 So.2d at 804 ).

12016–2016
In re the Gap Stores Securities Litigation green
cand · 1978
1 sentence

2016In discussing In re Gap Stores Securities Litigation, 79 F.R.D. 283 (N.D.Cal.1978), as a case which explores the due process issues surrounding defendant class certification in bilateral actions, the Illinois Federal District Court said: The In re Gap opinion also provides a thoughtful framework for understanding why certification of defendant classes often is denied.

12016–2016
R.C., a child v. State green
fladistctapp · 2015
2 sentences

2016At this point, it is not necessary that we reconsider language in Aery v. Wallace Lincoln-Mercury, LLC, 118 So.3d 904, 915 (Fla. 4th DCA 2013), that may conflict with the thoughtful analysis in Kearns v. Farmer Acquisition, Co., 157 So.3d 458 (Fla. 2d DCA 2015).

2016At this point, it is not necessary that we reconsider language in Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904, 915 (Fla. 4th DCA 2013), that may conflict with the thoughtful analysis in Kearns v. Farmer Acquisition, Co., 157 So. 3d 458 (Fla. 2d DCA 2015).

12016–2016
MAB v. State green
fladistctapp · 2007
1 sentence

2007Although the majority's thoughtful analysis of the issue is not without persuasive force, I believe the reasoning detailed in Judge Canady's opinion in M.A.B. v. State, 957 So.2d 1219 (Fla. 2d DCA 2007), is more in line with the body of precedent the Supreme Court has provided for guidance on this issue, and accordingly, I adopt that reasoning as my own.

12007–2007
Stahl v. Schweiker green
ca3 · 1982
1 sentence

1985The Pontius opinion was authored by the same federal district judge, Judge Cohill, who authored Robinson v. Magovern, 521 F. Supp. 842 (W.D.Pa. 1981), aff'd mem., 688 F.2d 824 (3d Cir.1982), cert. denied, 459 U.S. 971 , 103 S.Ct. 302 , 74 L.Ed.2d 283 (1982), which is relied upon to a substantial extent by appellant.

11985–1985
Robinson v. Magovern green
pawd · 1981
1 sentence

1985The Pontius opinion was authored by the same federal district judge, Judge Cohill, who authored Robinson v. Magovern, 521 F. Supp. 842 (W.D.Pa. 1981), aff'd mem., 688 F.2d 824 (3d Cir.1982), cert. denied, 459 U.S. 971 , 103 S.Ct. 302 , 74 L.Ed.2d 283 (1982), which is relied upon to a substantial extent by appellant.

11985–1985
Bellassai v. McAvoy green
scotus · 1982
1 sentence

1985The Pontius opinion was authored by the same federal district judge, Judge Cohill, who authored Robinson v. Magovern, 521 F. Supp. 842 (W.D.Pa. 1981), aff'd mem., 688 F.2d 824 (3d Cir.1982), cert. denied, 459 U.S. 971 , 103 S.Ct. 302 , 74 L.Ed.2d 283 (1982), which is relied upon to a substantial extent by appellant.

11985–1985
Robinson v. Magovern green
scotus · 1982
1 sentence

1985The Pontius opinion was authored by the same federal district judge, Judge Cohill, who authored Robinson v. Magovern, 521 F. Supp. 842 (W.D.Pa. 1981), aff'd mem., 688 F.2d 824 (3d Cir.1982), cert. denied, 459 U.S. 971 , 103 S.Ct. 302 , 74 L.Ed.2d 283 (1982), which is relied upon to a substantial extent by appellant.

11985–1985
Owens-Illinois, Inc. v. Williams green
scotus · 1982
1 sentence

1985The Pontius opinion was authored by the same federal district judge, Judge Cohill, who authored Robinson v. Magovern, 521 F. Supp. 842 (W.D.Pa. 1981), aff'd mem., 688 F.2d 824 (3d Cir.1982), cert. denied, 459 U.S. 971 , 103 S.Ct. 302 , 74 L.Ed.2d 283 (1982), which is relied upon to a substantial extent by appellant.

11985–1985
Beaver Gasoline Co. v. Osborne Borough green
pa · 1971
1 sentence

1981I am persuaded by the Pennsylvania Supreme Court's thoughtful analysis of this question in Beaver Gasoline Co. v. Zoning Hearing Board, 445 Pa. 571 , 285 A.2d 501 (1971), and would apply its rationale to the case at bar.

11981–1981
Commonwealth v. Roberson green
pa · 1972
1 sentence

1981I am persuaded by the Pennsylvania Supreme Court's thoughtful analysis of this question in Beaver Gasoline Co. v. Zoning Hearing Board, 445 Pa. 571 , 285 A.2d 501 (1971), and would apply its rationale to the case at bar.

11981–1981

Statutes the citing opinions construe

FL § 448.101 (3) FL § 448.102 (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

PA 22 (1931–2024) CA 16 (1980–2022) IL 13 (1993–2026) IN 11 (1980–2017) FL 9 (1981–2024) TX 8 (1997–2009) MI 7 (1988–2023) WA 7 (1983–2023) WI 7 (1998–2004) NY 6 (1985–2013) GA 5 (1984–2025) WY 5 (1987–1992) CT 5 (1995–2026) MA 4 (2001–2025) NJ 4 (1986–2024) MD 3 (1971–2015) DC 3 (1988–2007) NC 2 (1986–1987) RI 2 (2014–2022) MN 2 (1999–2016) OH 2 (1982–2025) OK 2 (1984–1986) AZ 2 (1996–2014) LA 2 (1988–2005) KS 2 (2010–2010) DE 2 (1986–2022) OR 2 (1993–2012)

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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