accrued claim (Florida) · Go Syfert
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accrued claim in Florida

8 Florida opinions name it 1 courts 1982–2016 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 (3)

CaseFollowedCited
Aldana v. Colonial Palms Plaza, Ltd.green
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Id.; see also Aldana v. Colonial Palms Plaza, Ltd., 591 So.2d 953 (Fla. 3d DCA 1991) (holding that anti-assignment clause did not prevent assignment of right to receive - payments due); Charles L.

11
Litvin v. ST. LUCIE CTY. SHERIFF'S DEPT.green
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1993–1993
2 sentences

1993Lucie County Sheriff's Department, supra , we held that a procedural amendment to section 440.15(3)(b)2, Florida Statutes, imposing a 14-day time limit for filing wage loss forms and job search reports, applied prospectively to wage loss periods occurring after the effective date of the amendment. "[W]hile prospective effect might preclude application of the amendment to a prior occurrence or an accrued claim, a wage loss claim does not arise upon the occurrence of the accident and injury.

1993Instead, the claim arises upon the occurrence of each period of wage loss... ." Id. at 1355-56 (footnote omitted).

11
Rosecrans v. William S. Lozier, Inc.green
ca8 · 1944 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983Rosecrans v. William S. Lozier, Inc., 142 F.2d 118, 124 (8th Cir.1944) ("The prohibition of the contract against assignment is against an assignment of the rights and privileges under the contract.

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 (5)

CaseCitedYears
Daniel v. Holmes Lumber Co. green
fla · 1986
2 sentences

1990Daniel v. Holmes Lumber Co., 490 So.2d 1252 (Fla. 1986)." (e.s.) However, Proctor is inapposite to the issue presented in this case.

1986Daniel v. Holmes Lumber Co., 490 So.2d 1252 (Fla. 1986).

21986–1990
Allstate Ins. Co. v. Sierra green
fladistctapp · 1998
1 sentence

1999Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), that the "right” to appraisal does not follow the assignment of an accrued claim.

11999–1999
Proctor v. Swing Set Day Care Center neutral
fladistctapp · 1986
1 sentence

1990Proctor v. Swing Set Day Care Center, 498 So.2d 616 (Fla. 1st DCA 1986), concludes that "[u]nder the language of section 440.19(2)(a), as most recently construed, the voluntary payment of compensation or remedial treatment revives the two year limitation period, even if an accrued defense existed at the time of such payment.

11990–1990
Cordis Corporation v. Sonics International, Inc. green
fladistctapp · 1983
1 sentence

1983Cordis Corp. v. Sonics International, Inc., 427 So.2d 782 (Fla. 3d DCA 1983).

11983–1983
Traders Ins. Co. v. Aachen & Munich Fire Ins. Co. neutral
· 1907
1 sentence

1982The court in Traders’ rejected the insured’s argument that the cancellation agreement was binding because it released and surrendered all liability, past as well as future, and also rejected the argument that the insured party should not be entitled to avoid the release or cancellation of liability because of knowledge that a loss “might have occurred.” On the latter point, the court said: We see no reason why the intent to surrender an accrued claim, the existence of which was not known, should be imputed to the plaintiff in the absence of an express understanding to that effect; and there is

11982–1982

Where else courts name it

MI 22 (2018–2020) TX 11 (1961–2010) FL 8 (1982–2016) NY 5 (1971–2010) WA 5 (2007–2020) IL 3 (1966–1997) IA 3 (1989–2018) MO 3 (1958–1985) AL 3 (1893–1921) CA 2 (1993–2012) SD 2 (2018–2022) IN 2 (2003–2016) MS 2 (2000–2005)

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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