employment doctrine (Florida) · Go Syfert
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employment doctrine in Florida

8 Florida opinions name it 1 courts 1969–2026 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 (2)

CaseFollowedCited
Kirkland v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Based on its plain language, this condition requires that Mesa maintain full-time employment as it contains no exception to the employment requirement such as the one contained in the standard condition—i.e., “insofar as may be possible.” Florida law is clear that “[r]equiring a probationer to maintain full-time employment is an improper condition of probation because a down-turn in the economy could prevent its completion.” Kirkland v. State, 666 So. 2d 974, 976 (Fla. 1st DCA 1996) (citing Evans v. State, 608 So. 2d 90, 91 (Fla. 1st DCA 1992)).

11
Evans v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Based on its plain language, this condition requires that Mesa maintain full-time employment as it contains no exception to the employment requirement such as the one contained in the standard condition—i.e., “insofar as may be possible.” Florida law is clear that “[r]equiring a probationer to maintain full-time employment is an improper condition of probation because a down-turn in the economy could prevent its completion.” Kirkland v. State, 666 So. 2d 974, 976 (Fla. 1st DCA 1996) (citing Evans v. State, 608 So. 2d 90, 91 (Fla. 1st DCA 1992)).

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 (9)

CaseCitedYears
Ohio v. Akron Center for Reproductive Health green
scotus · 1990
2 sentences

2014I endorse Judge Makar’s reference to Justice Kennedy’s remarks in Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 520 , 110 S.Ct. 2972 , 111 L.Ed.2d 405 (1990), as underscoring this principle. 9 An outlying opinion from this Court, consisting of two disparate concurring opinions and a vigorous dissent does little to protect these interests or serve to enlighten the bench and bar.

2014I endorse Judge Makar’s reference to Justice Kennedy’s remarks in Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 520 , 110 S.Ct. 2972 , 111 L.Ed.2d 405 (1990), as underscoring this principle. 9 An outlying opinion from this Court, consisting of two disparate concurring opinions and a vigorous dissent does little to protect these interests or serve to enlighten the bench and bar.

12014–2014
United States v. District of Columbia neutral
dcd · 1983
1 sentence

2005In so ruling, the district court applied the Dep't of Employment factors and identified what it views as the three most important factors for determining whether an organization is a federal instrumentality: (1) whether the organization has a close relationship to the federal government, (2) whether the organization performs an essential function for the federal government, and (3) whether any private benefit is derived from the organization's operations. 558 F.Supp. at 216-17 .

12005–2005
Claim of Torres v. Triangle Handbag Mfg. Co. neutral
nyappdiv · 1961
2 sentences

1991The fact that an annual recurring Christmas party was held on the employer's premises in Torres v. Triangle Handbag Manufacturing Co., 13 A.D.2d 559 , 211 N.Y.S.2d 992 (App.Div. 1961), is no doubt what motivated the Appellate Division of the New York Supreme Court to hold that claimant's injuries, resulting from a stabbing, occurred in the course of employment, *838 without discussing any of the additional parts of the employment test.

1991The fact that an annual recurring Christmas party was held on the employer's premises in Torres v. Triangle Handbag Manufacturing Co., 13 A.D.2d 559 , 211 N.Y.S.2d 992 (App.Div. 1961), is no doubt what motivated the Appellate Division of the New York Supreme Court to hold that claimant's injuries, resulting from a stabbing, occurred in the course of employment, *838 without discussing any of the additional parts of the employment test.

11991–1991
Jones v. Florida Power Corp. green
fla · 1954
2 sentences

1982In Jones v. Florida Power Corp., 72 So.2d 285 (Fla. 1954), the court departed from a strict application of the common employment doctrine and stated: "It is the liability to secure compensation which gives the employer immunity from suit as a third party tort-feasor.

1982In Jones v. Florida Power Corp., 72 So.2d 285 (Fla. 1954), the court departed from a strict application of the common employment doctrine and stated: "It is the liability to secure compensation which gives the employer immunity from suit as a third party tort-feasor.

11982–1982
Miami Roofing & Sheet Metal Co. v. Kindt green
fla · 1950
1 sentence

1982Later, in Miami Roofing & Sheet Metal Co. v. Kindt, 48 So.2d 840 (Fla. 1950), the court extended this common employment doctrine and prevented a tort action by one subcontractor's employee against another subcontractor.

11982–1982
Carter v. Sims Crane Service, Inc. green
fla · 1967
1 sentence

1981Similarly, in Carter v. Sims Crane Service, Inc., 198 So.2d 25 (Fla. 1967), the court held that a statutory provision that a subcontractor is deemed to be the same person as the employer and that workers' compensation was the exclusive remedy for injuries to employees was not unconstitutional because under the common employment doctrine the immunity of the subcontractor was based upon or reasonably related to liability for injury.

11981–1981
Gold Coast Crane Service, Inc. v. Watier green
fla · 1971
1 sentence

1972Kolarik next contends that the cases of Watier v. REW Crane Service, Inc., Fla.App.1970, 240 So.2d 177 , and Gold Coast Crane Service, Inc. v. Watier, Fla.1971, 257 So.2d 249 , cast serious doubt on the holding of Poston, insofar as it extends the blanket immunity of the Workmen’s Compensation law to subcontractors.

11972–1972
Watier v. REW Crane Service, Inc. neutral
fladistctapp · 1970
1 sentence

1972Kolarik next contends that the cases of Watier v. REW Crane Service, Inc., Fla.App.1970, 240 So.2d 177 , and Gold Coast Crane Service, Inc. v. Watier, Fla.1971, 257 So.2d 249 , cast serious doubt on the holding of Poston, insofar as it extends the blanket immunity of the Workmen’s Compensation law to subcontractors.

11972–1972
Hunt v. Ryder Truck Rentals, Inc. green
fla · 1968
1 sentence

1969In Hunt v. Ryder Truck Rentals, Inc., Fla., 216 So.2d 751 (Opinion filed December 10, 1968) the Supreme Court of Florida stated that ‘the essential requirement for immunity is the obligation on the part of the lessee (contractor) to provide Workmen’s Compensation for his own employees and those of others employed on the job and falling within the common employment doctrine.

11969–1969

Statutes the citing opinions construe

FL § 440.11 (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

IN 61 (1913–2025) TX 53 (1967–2024) OH 50 (1932–2026) MS 32 (1992–2024) CA 29 (1919–2026) VA 25 (1928–2019) TN 21 (1916–2020) NY 20 (1950–2025) WA 20 (1967–2024) CT 18 (1984–2004) NC 16 (1988–2014) MO 16 (1909–2016) IA 13 (1983–2024) LA 11 (1969–2023) MD 10 (1940–2017) OK 10 (1944–2014) PA 10 (1940–2022) WI 10 (1986–2017) IL 9 (1980–2024) MA 8 (1960–2010) MN 8 (1902–2003) FL 8 (1969–2026) MI 7 (1971–2009) NM 7 (1934–2026) NJ 6 (1938–2017) AR 6 (1946–2005) SC 6 (1991–2025) AL 6 (1982–2004) ID 5 (1984–2012) CO 4 (1986–2019) WY 4 (1994–2012) OR 4 (1925–2021) UT 4 (1944–2016) SD 3 (1989–2001) KY 3 (1907–2011) DC 3 (1977–1997) NV 2 (2017–2017) GA 2 (1947–1985) NE 2 (1997–2003) VT 2 (1957–2025) ME 2 (2014–2023) KS 2 (2000–2002)

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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