fatal error (Florida) · Go Syfert
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fatal error in Florida

8 Florida opinions name it 2 courts 1981–2022 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 (4)

CaseFollowedCited
Alfred v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022“This is fatal to his claim.” Alfred v. State, 998 So. 2d 1197, 1200 (Fla. 4th DCA 2009).

11
Minor v. Brunettigreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Minor v. Bnmetti, 43 So.3d 178, 179 (Fla. 3d DCA 2010) (holding that the “issue would be better addressed on a summary judgment motion or at trial, not on a motion to dismiss,” where the trial court went beyond the four corners of the complaint in granting a motion to dismiss).

11
Peterson v. Stategreen
fladistctapp · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983Barnes v. State, 58 So.2d 157 (Fla. 1952); Peterson v. State, 376 So.2d 1230 *963 (Fla. 4th DCA 1979); Lucas v. State, 335 So.2d 566 (Fla. 1st DCA 1976).

11
Provence v. Stategreen
fla · 1976 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983The fatal instruction effectively deprived appellant of the opportunity to make his decision whether or not to testify "in an atmosphere free of coercion or intimidation." Provence v. State, 337 So.2d 783, 786 (Fla. 1976), cert. denied, 431 U.S. 969 , 97 S.Ct. 2929 , 53 L.Ed.2d 1065 (1977).

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 (8)

CaseCitedYears
Robles v. State green
fla · 1966
2 sentences

1982The petitioner contends that our decision in Robles v. State, 188 So.2d 789 (Fla. 1966), is determinative and that a trial court's failure to give an adequate instruction on the underlying felony is a fatal error even when such instruction has not been requested by the defendant.

1981The petitioner contends that our decision in Robles v. State, 188 So.2d 789 (Fla. 1966), is determinative and that a trial court's failure to give an adequate instruction on the underlying felony is a fatal error even when such instruction has not been requested by the defendant.

21981–1982
State v. Jones green
fla · 1979
2 sentences

1982Subsequent to our opinion on the initial appeal in this cause, we decided State v. Jones, 377 So.2d 1163 (Fla. 1979), which reaffirmed our decision in Robles v. State.

1981Subsequent to our opinion on the initial appeal in this cause, we decided State v. Jones, 377 So.2d 1163 (Fla. 1979), which reaffirmed our decision in Robles v. State.

21981–1982
Broge v. State green
fladistctapp · 1974
1 sentence

2003Id. at 281 .

12003–2003
Motorola Communications and Electronics, Inc. v. NAT. PATIENT AIDS, INC. green
fladistctapp · 1983
1 sentence

1984Thus, I find no basis for adopting the majority's doctrine of a fatal "double barreled election of remedies," but see Motorola Communications & Electronics, Inc. v. National Patient Aids, Inc., 427 So.2d 1042 , 1045 n. 9 (Fla.4th DCA 1983), to preclude the bank's recovery.

11984–1984
Barnes v. State green
fla · 1952
1 sentence

1983Barnes v. State, 58 So.2d 157 (Fla. 1952); Peterson v. State, 376 So.2d 1230 *963 (Fla. 4th DCA 1979); Lucas v. State, 335 So.2d 566 (Fla. 1st DCA 1976).

11983–1983
Lucas v. State green
fladistctapp · 1976
1 sentence

1983Barnes v. State, 58 So.2d 157 (Fla. 1952); Peterson v. State, 376 So.2d 1230 *963 (Fla. 4th DCA 1979); Lucas v. State, 335 So.2d 566 (Fla. 1st DCA 1976).

11983–1983
Veres v. County of Monroe green
scotus · 1977
1 sentence

1983The fatal instruction effectively deprived appellant of the opportunity to make his decision whether or not to testify "in an atmosphere free of coercion or intimidation." Provence v. State, 337 So.2d 783, 786 (Fla. 1976), cert. denied, 431 U.S. 969 , 97 S.Ct. 2929 , 53 L.Ed.2d 1065 (1977).

11983–1983
Provence v. Florida green
scotus · 1977
2 sentences

1983The fatal instruction effectively deprived appellant of the opportunity to make his decision whether or not to testify "in an atmosphere free of coercion or intimidation." Provence v. State, 337 So.2d 783, 786 (Fla. 1976), cert. denied, 431 U.S. 969 , 97 S.Ct. 2929 , 53 L.Ed.2d 1065 (1977).

1983The fatal instruction effectively deprived appellant of the opportunity to make his decision whether or not to testify "in an atmosphere free of coercion or intimidation." Provence v. State, 337 So.2d 783, 786 (Fla. 1976), cert. denied, 431 U.S. 969 , 97 S.Ct. 2929 , 53 L.Ed.2d 1065 (1977).

11983–1983

Where else courts name it

PA 87 (1896–2026) CA 29 (1892–2024) MS 25 (1907–2026) TN 22 (1944–2026) NC 20 (1896–2020) NY 20 (1848–2014) TX 20 (1873–2026) OH 17 (1988–2024) LA 17 (1903–2024) AL 14 (1849–2012) IL 13 (1884–2025) MO 12 (1882–1993) NJ 11 (2005–2026) KS 10 (1872–2024) WA 10 (1918–2020) IN 9 (1881–2020) CO 8 (1875–2018) WV 8 (1883–2009) FL 8 (1981–2022) NE 7 (1909–1999) GA 6 (2010–2022) AR 6 (1935–2003) ID 6 (1923–2026) MI 6 (1856–2024) WI 5 (1849–2023) KY 5 (1974–2018) IA 5 (1883–2025) UT 4 (1986–2025) OK 3 (1943–1989) PR 3 (1941–1970) VT 3 (1978–2013) CT 3 (2003–2019) NM 2 (1926–1957) DE 2 (2017–2025) AZ 2 (1978–2006) MA 2 (1939–1985) MD 2 (2008–2012)

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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