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

8 Florida opinions name it 3 courts 1934–2019 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
Chapman v. Stategreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Chapman v. State, 186 So. 3d 3, 6 (Fla. 2d DCA 2015) ("Counsel's representation in this case that she 'is unable to make a good faith argument that reversible error occurred in the trial court' seems to this court to place the bar somewhat higher than that intended by the guidance in Anders.") -2- offender (HFO) for both offenses.

11
Cook v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Cook v. State, 571 So.2d 530, 531 (Fla. 1st DCA 1990) (concluding the circumstantial evidence did not support a conviction of constructive possession of a crack pipe found in the defendant’s purse after the police raided a dance bar, where the defendant was performing on stage and lacked exclusive dominion and control over the place on the bar where the con *191 traband was found near patrons of the establishment, and the State offered no independent proof of her knowledge of, or ability to control, the contraband); McClain v. State, 559 So.2d 425, 426 (Fla. 4th DCA 1990).

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McClain v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Cook v. State, 571 So.2d 530, 531 (Fla. 1st DCA 1990) (concluding the circumstantial evidence did not support a conviction of constructive possession of a crack pipe found in the defendant’s purse after the police raided a dance bar, where the defendant was performing on stage and lacked exclusive dominion and control over the place on the bar where the con *191 traband was found near patrons of the establishment, and the State offered no independent proof of her knowledge of, or ability to control, the contraband); McClain v. State, 559 So.2d 425, 426 (Fla. 4th DCA 1990).

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Distinguished, questioned or overruled (1)

CaseNegativeCited
Thomas E. King v. State of Floridagreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019But see King v. State, 259 So. 3d 317 , 319 n.3 (Fla. 1st DCA 2018) (discussing why a retroactively analysis may still have a place in a rule 3.800(a) claim). -3-

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Also cited on this issue (12)

CaseCitedYears
Anders v. California green
scotus · 1967
2 sentences

2015Moreover, in order to assist both the appellant in identifying issues for his pro se brief and the appellate court in its own review to determine whether the appeal is in fact wholly frivolous, appellate counsel must in its Anders brief “refet[] to anything in the record that might- arguably support the appeal.” 2 Anders, 386 U.S. at 744 , 87 S.Ct. 1396 . *6 Counsel’s representation in this ease that she “is unable to make a good faith argument that reversible error occurred in the trial court” seems to this court to place the bar somewhat higher than that intended by the guidance in An-ders.

2015Moreover, in order to assist both the appellant in identifying issues for his pro se brief and the appellate court in its own review to determine whether the appeal is in fact wholly frivolous, appellate counsel must in its Anders brief “refet[] to anything in the record that might- arguably support the appeal.” 2 Anders, 386 U.S. at 744 , 87 S.Ct. 1396 . *6 Counsel’s representation in this ease that she “is unable to make a good faith argument that reversible error occurred in the trial court” seems to this court to place the bar somewhat higher than that intended by the guidance in An-ders.

12015–2015
Universal Engineering Corp. v. Perez green
fla · 1984
1 sentence

1985Although it is plausibly argued by the defendants that we must distinguish between where a cause of action arises (said by them to be the place where the claim originates) and when a cause of action accrues (said by them to be the time when the statute of limitations begins to run) and that discovery of the existence of a cause of action is relevant only to the latter inquiry, our examination of Florida case law discloses that no such distinction has ever been made and that, to the contrary, the terms "arise" and "arose" have consistently been used interchangeably with the terms "accrue" and "

11985–1985
Georgia-Pacific Corp. v. Squires Development neutral
fladistctapp · 1980
1 sentence

1985Cf. Georgia-Pacific Corp. v. Squires Development Corp., 387 So.2d 986 (Fla. 4th DCA 1980) (splitting causes of action); Gaboury v. Flagler Hospital, Inc., 316 So.2d 642 (Fla. 4th DCA 1975) (venue case).

11985–1985
Gaboury v. Flagler Hospital, Inc. green
fladistctapp · 1975
1 sentence

1985Cf. Georgia-Pacific Corp. v. Squires Development Corp., 387 So.2d 986 (Fla. 4th DCA 1980) (splitting causes of action); Gaboury v. Flagler Hospital, Inc., 316 So.2d 642 (Fla. 4th DCA 1975) (venue case).

11985–1985
Colhoun v. Greyhound Lines, Inc. green
fla · 1972
1 sentence

1985Although it is plausibly argued by the defendants that we must distinguish between where a cause of action arises (said by them to be the place where the claim originates) and when a cause of action accrues (said by them to be the time when the statute of limitations begins to run) and that discovery of the existence of a cause of action is relevant only to the latter inquiry, our examination of Florida case law discloses that no such distinction has ever been made and that, to the contrary, the terms "arise" and "arose" have consistently been used interchangeably with the terms "accrue" and "

11985–1985
Brown v. Case green
fla · 1920
2 sentences

1985Although it is plausibly argued by the defendants that we must distinguish between where a cause of action arises (said by them to be the place where the claim originates) and when a cause of action accrues (said by them to be the time when the statute of limitations begins to run) and that discovery of the existence of a cause of action is relevant only to the latter inquiry, our examination of Florida case law discloses that no such distinction has ever been made and that, to the contrary, the terms "arise" and "arose" have consistently been used interchangeably with the terms "accrue" and "

1985Although it is plausibly argued by the defendants that we must distinguish between where a cause of action arises (said by them to be the place where the claim originates) and when a cause of action accrues (said by them to be the time when the statute of limitations begins to run) and that discovery of the existence of a cause of action is relevant only to the latter inquiry, our examination of Florida case law discloses that no such distinction has ever been made and that, to the contrary, the terms "arise" and "arose" have consistently been used interchangeably with the terms "accrue" and "

11985–1985
Lanza v. New York green
scotus · 1962
2 sentences

1981Discussing privacy expectations in a prison environment, the Supreme Court of the United States, in Lanza v. New York, 370 U.S. 139 , 82 S.Ct. 1218 , 8 L.Ed.2d 384 (1962), said: [T]o say that a public jail is the equivalent of a man's "house" or that it is a place where he can claim constitutional immunity from search or seizure of his person, his papers, or his effects, is at best a novel argument.

1981Discussing privacy expectations in a prison environment, the Supreme Court of the United States, in Lanza v. New York, 370 U.S. 139 , 82 S.Ct. 1218 , 8 L.Ed.2d 384 (1962), said: [T]o say that a public jail is the equivalent of a man's "house" or that it is a place where he can claim constitutional immunity from search or seizure of his person, his papers, or his effects, is at best a novel argument.

11981–1981
Paige v. Gray green
gamd · 1977
1 sentence

1978E.g ., Turner v. McKeithen, 490 F.2d 191 , 195 (5th Cir. 1973); Paige v. Gray, 437 F. Supp. 137 , 158 (M.D.Ga. 1977). (3) Use of the place rule ( i.e ., requiring each candidate in an at-large election to designate a particular seat for which he or she is running).

11978–1978
White v. Regester green
scotus · 1973
1 sentence

1978E.g ., White v. Regester, 412 U.S. 755 , 766 (1973); Yelverton v. Driggers, 370 F. Supp. 612 , 617 , 619 (M.D.Ala. 1974). (4) A majority vote requirement in primary elections.

11978–1978
Sam Ulysses Turner v. John J. McKeithen Ouachita Parish Police Jury green
ca5 · 1973
1 sentence

1978E.g ., Turner v. McKeithen, 490 F.2d 191 , 195 (5th Cir. 1973); Paige v. Gray, 437 F. Supp. 137 , 158 (M.D.Ga. 1977). (3) Use of the place rule ( i.e ., requiring each candidate in an at-large election to designate a particular seat for which he or she is running).

11978–1978
Yelverton v. Driggers green
almd · 1974
1 sentence

1978E.g ., White v. Regester, 412 U.S. 755 , 766 (1973); Yelverton v. Driggers, 370 F. Supp. 612 , 617 , 619 (M.D.Ala. 1974). (4) A majority vote requirement in primary elections.

11978–1978
State Ex Rel. Fisher v. Rowe neutral
fla · 1933
2 sentences

1934Rep. 65 , Mr. Justice Davis, speaking for the Court, said: “The new Chancery Act expressly repeals Chapter 13660, Acts of 1929, supra, and Section 48 thereof was obviously adopted to supply a new rule in harmony with the Federal rule to take the place of the rule which was abolished with the repeal of Chapter 13660.” The learned Justice also said that the Act “completely revises the chancery practice in this State.” See also State v. Rowe, 110 Fla. 141 , 148 South.

1934Rep. 65 , Mr. Justice Davis, speaking for the Court, said: “The new Chancery Act expressly repeals Chapter 13660, Acts of 1929, supra, and Section 48 thereof was obviously adopted to supply a new rule in harmony with the Federal rule to take the place of the rule which was abolished with the repeal of Chapter 13660.” The learned Justice also said that the Act “completely revises the chancery practice in this State.” See also State v. Rowe, 110 Fla. 141 , 148 South.

11934–1934

Where else courts name it

MI 49 (1927–2023) PA 45 (1899–2026) NY 38 (1860–2024) CA 24 (1927–2017) TX 18 (1961–2023) KS 14 (1885–2020) IL 13 (1893–2021) NJ 12 (1931–2019) NE 11 (1898–2024) WV 10 (1963–1997) OH 10 (1977–2025) AL 9 (1907–2018) GA 9 (1913–2002) KY 8 (1923–2022) FL 8 (1934–2019) WA 7 (1898–2013) NM 7 (1936–2023) NC 6 (1906–2016) MS 6 (1968–2023) OK 6 (1923–1996) AZ 6 (1913–2023) MA 6 (1943–2006) IN 5 (1918–2019) IA 5 (1951–2019) MO 4 (1893–1998) WI 4 (1975–2020) LA 4 (1938–2010) MD 4 (1967–2005) NH 3 (1953–1975) OR 3 (1974–2007) MT 3 (1895–2009) ND 2 (1977–1978) TN 2 (1975–2013) AR 2 (1955–1999) DC 2 (1996–2001) MN 2 (1925–1969) UT 2 (1915–2020)

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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