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8 Florida opinions name it 3 courts 1984–2020 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 |
|---|---|---|
Department of Administration v. Hornegreen2 sentences2020In Department of Administration v. Horne, 269 So. 2d 659 (Fla. 1972), the court created an exception to the Rickman standing rule. “[W]here there is an attack upon constitutional grounds based directly upon the Legislature’s taxing and spending power, there is standing to sue without the Rickman requirement of special injury.” Id. 4 at 663. 2020In Department of Administration v. Horne, 269 So. 2d 659 (Fla. 1972), the court created an exception to the Rickman standing rule. “[W]here there is an attack upon constitutional grounds based directly upon the Legislature’s taxing and spending power, there is standing to sue without the Rickman requirement of special injury.” Id. 4 at 663. | 1 | 2 |
MJW v. Department of Children and Familiesgreen1 sentence2011While a plaintiff bears the ultimate burden of proving valid service of process, M.J.W. v. Dep’t. of Children & Families, 825 So.2d 1038, 1041 (Fla. 1st DCA 2002), a “return of service that is regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818 (Fla. 3d DCA 1996). 3 Here, the verified returns of service were regular on their face, containing all of the information in compliance with the specific requirements of section 48.031(l)(a). 4 The trial court correctly determined that this created a presumption | 1 | 1 |
Johnson v. Stategreen1 sentence1984See Johnson v. State, 453 So.2d 411 (Fla. 1st DCA 1984); Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Busch v. State
neutral
2 sentences1990The instructions as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 772 (Fla. 1st DCA 1990). 1990The instruction as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 771 (Fla. 1st DCA 1990). | 2 | 1990–1990 |
Sarduy v. State
green
2 sentences1990The instructions as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 772 (Fla. 1st DCA 1990). 1990The instruction as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 771 (Fla. 1st DCA 1990). | 2 | 1990–1990 |
Telf Corp. v. Gomez
green
1 sentence2011While a plaintiff bears the ultimate burden of proving valid service of process, M.J.W. v. Dep’t. of Children & Families, 825 So.2d 1038, 1041 (Fla. 1st DCA 2002), a “return of service that is regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818 (Fla. 3d DCA 1996). 3 Here, the verified returns of service were regular on their face, containing all of the information in compliance with the specific requirements of section 48.031(l)(a). 4 The trial court correctly determined that this created a presumption | 1 | 2011–2011 |
Hurst v. Capitell
green
1 sentence2001In allowing the suits to proceed, the court created an exception for sexual abuse cases, explaining: "[T]o leave children who are victims of such wrongful, intentional, heinous acts [sexual abuse acts] without a right to redress those wrongs in a civil action is unconscionable, especially where the harm to the family fabric has already occurred through that abuse." Id. at 266 . | 1 | 2001–2001 |
Franks v. Delaware
green
2 sentences1997In Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the Court created a test for the courts to use when presented with claims of misrepresentation in an affidavit to support probable cause: [W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request. 1997In Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the Court created a test for the courts to use when presented with claims of misrepresentation in an affidavit to support probable cause: [W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request. | 1 | 1997–1997 |
Moore v. State
green
1 sentence1990The instruction as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 771 (Fla. 1st DCA 1990). | 1 | 1990–1990 |
Gatlin v. State
neutral
1 sentence1990The instructions as given by the Court created a presumption that the defendant was, in fact, impaired in violation of his rights to due process under the State and Federal Constitutions, and the court erred in giving the same, Busch v State, 547 So.2d 245 (Fla. 4th DCA 1989); Sarduy v State, 540 So.2d 203 (Fla. 3d DCA 1989); and Gatlin v State, 556 So.2d 772 (Fla. 1st DCA 1990). | 1 | 1990–1990 |
Duggar v. State
green
1 sentence1984See Johnson v. State, 453 So.2d 411 (Fla. 1st DCA 1984); Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). | 1 | 1984–1984 |
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.