Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Florida opinions name it 2 courts 1992–2016 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.
| Case | Followed | Cited |
|---|---|---|
McBride v. Stategreen2 sentences2010McBride v. State, 604 So.2d 1291, 1292 (Fla. 3d DCA 1992). 2007See Kyle v. State, 650 So.2d 127, 128 (Fla. 4th DCA 1995) (reversing appellant's conviction for resisting arrest without violence on other grounds, but noting that while the trial court erred in giving a case-specific instruction rather than the generic instruction approved of in Anderson , appellant did not preserve the issue because he failed to object to the erroneous instruction); see also; McBride v. State, 604 So.2d 1291, 1292 (Fla. 3d DCA 1992) (holding that trial court did not err by giving standard instruction, noting that appellant did not object and appears to have agreed to substan | 2 | 2 |
Fowler v. Escambia County School Boardgreen1 sentence2016Id. at 411 (noting Dr. Greene’s opinions about shoulder were not CSE because he did not examine claimant’s shoulder or review medical records pertaining thereto and was not authorized to treat shoulder). | 1 | 1 |
Kyle v. Stategreen1 sentence2007See Kyle v. State, 650 So.2d 127, 128 (Fla. 4th DCA 1995) (reversing appellant's conviction for resisting arrest without violence on other grounds, but noting that while the trial court erred in giving a case-specific instruction rather than the generic instruction approved of in Anderson , appellant did not preserve the issue because he failed to object to the erroneous instruction); see also; McBride v. State, 604 So.2d 1291, 1292 (Fla. 3d DCA 1992) (holding that trial court did not err by giving standard instruction, noting that appellant did not object and appears to have agreed to substan | 1 | 1 |
Rapp v. Tolbert Enterprises, Inc.green1 sentence1992See, e.g., Rapp v. Tolbert Enters., Inc., 591 So.2d 281 (Fla. 1st DCA 1991) (summary judgment improper when motel guest struck while crossing highway from remote parking), review denied, 601 So.2d 554 (Fla. 1992); Thunderbird Drive-In Theatre v. Reed, 571 So.2d 1341 (Fla. 4th DCA 1990) (jury question presented when inadequate entrance area on theatre premises resulted in congested conditions on adjacent highway), review denied, 577 So.2d 1328 (Fla. 1991). | 1 | 1 |
Kaisner v. Kolbgreen1 sentence1992Cf. Kaisner v. *939 Kolb, 543 So.2d 732, 735 (Fla. 1989) ("Where a defendant's conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.") and McCain v. Florida Power Corp., 593 So.2d 500 , 502 & n. 1 (Fla. 1992) (to define duty, some inquiry must be made into factual allegations to determine whether a foreseeable, general zone of risk was created by defendant's conduct). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Anderson
green
2 sentences2007The jury found Appellant guilty of the lesser-included offense of resisting an officer without violence. *462 We find that the court properly instructed the jury with the standard generic instruction on resisting an officer with and without violence. [1] See State v. Anderson, 639 So.2d 609 (Fla.1994) (holding that the standard instruction is proper and distinguishing it from an improper case-specific instruction which takes the issue of the lawfulness of the arrest from the jury). 2007In addition, the supreme court noted in Anderson that the appellant failed to preserve the issue, and addressed it only to resolve conflict. 639 So.2d at 610 . | 1 | 2007–2007 |
Degen v. United States
green
2 sentences2002The Court specifically stated, however, that it was not "intimat[ing] a view on whether enforcement of a disentitlement rule under proper authority would violate due process." Id. at 828 , 116 S.Ct. 1777 . [Emphasis added]. 2002The Court specifically stated, however, that it was not "intimat[ing] a view on whether enforcement of a disentitlement rule under proper authority would violate due process." Id. at 828 , 116 S.Ct. 1777 . [Emphasis added]. | 1 | 2002–2002 |
Lucas v. South Carolina Coastal Council
green
2 sentences2001In Lucas , the Supreme Court acknowledged the recognition in its takings jurisprudence of at least two forms of regulatory action which require compensation without the usual case-specific inquiry into the public interest advanced in support of the restraint: (1) where the regulation compels the property owner to suffer a physical invasion, or (2) where the regulation "denies all economically beneficial or productive use of land." Lucas, 505 U.S. at 1015 , 112 S.Ct. 2886 . 2001In Lucas , the Supreme Court acknowledged the recognition in its takings jurisprudence of at least two forms of regulatory action which require compensation without the usual case-specific inquiry into the public interest advanced in support of the restraint: (1) where the regulation compels the property owner to suffer a physical invasion, or (2) where the regulation "denies all economically beneficial or productive use of land." Lucas, 505 U.S. at 1015 , 112 S.Ct. 2886 . | 1 | 2001–2001 |
Johnson v. HOWARD MARK PRODUCTIONS
green
1 sentence1997Id. at 938 . | 1 | 1997–1997 |
Appell v. Reiner
green
2 sentences1995For example, in a similar situation the New Jersey Supreme Court refused to hold that New York lawyers had engaged in the unauthorized practice of law in New Jersey: As both Appell [ v. Reiner, 43 N.J. 313 , 204 A.2d 146 (1964)] and Spivak [ v. Sachs, 16 N.Y.2d 163 , 263 N.Y.S.2d 953 , 211 N.E.2d 329 (1965)] illustrate, questions of unlawful practice will turn on the particular facts presented.... 1995For example, in a similar situation the New Jersey Supreme Court refused to hold that New York lawyers had engaged in the unauthorized practice of law in New Jersey: As both Appell [ v. Reiner, 43 N.J. 313 , 204 A.2d 146 (1964)] and Spivak [ v. Sachs, 16 N.Y.2d 163 , 263 N.Y.S.2d 953 , 211 N.E.2d 329 (1965)] illustrate, questions of unlawful practice will turn on the particular facts presented.... | 1 | 1995–1995 |
Spivak v. Sachs
green
2 sentences1995For example, in a similar situation the New Jersey Supreme Court refused to hold that New York lawyers had engaged in the unauthorized practice of law in New Jersey: As both Appell [ v. Reiner, 43 N.J. 313 , 204 A.2d 146 (1964)] and Spivak [ v. Sachs, 16 N.Y.2d 163 , 263 N.Y.S.2d 953 , 211 N.E.2d 329 (1965)] illustrate, questions of unlawful practice will turn on the particular facts presented.... 1995For example, in a similar situation the New Jersey Supreme Court refused to hold that New York lawyers had engaged in the unauthorized practice of law in New Jersey: As both Appell [ v. Reiner, 43 N.J. 313 , 204 A.2d 146 (1964)] and Spivak [ v. Sachs, 16 N.Y.2d 163 , 263 N.Y.S.2d 953 , 211 N.E.2d 329 (1965)] illustrate, questions of unlawful practice will turn on the particular facts presented.... | 1 | 1995–1995 |
McCain v. Florida Power Corporation
green
1 sentence1992Cf. Kaisner v. *939 Kolb, 543 So.2d 732, 735 (Fla. 1989) ("Where a defendant's conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.") and McCain v. Florida Power Corp., 593 So.2d 500 , 502 & n. 1 (Fla. 1992) (to define duty, some inquiry must be made into factual allegations to determine whether a foreseeable, general zone of risk was created by defendant's conduct). | 1 | 1992–1992 |
Thunderbird Drive-In Theatre, Inc. v. REED EX REL. REED
green
1 sentence1992See, e.g., Rapp v. Tolbert Enters., Inc., 591 So.2d 281 (Fla. 1st DCA 1991) (summary judgment improper when motel guest struck while crossing highway from remote parking), review denied, 601 So.2d 554 (Fla. 1992); Thunderbird Drive-In Theatre v. Reed, 571 So.2d 1341 (Fla. 4th DCA 1990) (jury question presented when inadequate entrance area on theatre premises resulted in congested conditions on adjacent highway), review denied, 577 So.2d 1328 (Fla. 1991). | 1 | 1992–1992 |
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.