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8 Florida opinions name it 2 courts 1933–2016 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 |
|---|---|---|
Applegate v. Barnett Bank of Tallahasseegreen2 sentences2014Rack & Shelving, Inc., 999 So.2d 663, 664 (Fla. 3d DCA 2008) (holding that the appellant’s failure to provide a transcript of the proceedings was fatal to its claims because “[without a record of the trial proceedings, the appellate court can not [sic] properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”) (quoting Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979)). 2014Rack & Shelving, Inc., 999 So.2d 663, 664 (Fla. 3d DCA 2008) (holding the appellant’s failure to provide a transcript of the proceedings was fatal to its claims because “[w]ithout a record of the trial proceedings, the appellate court can not [sic] properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory”) (quoting Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979)). | 2 | 2 |
Zarate v. Deutsche Bank National Trust Co.green2 sentences2014See Zarate v. Deutsche Bank Nat’l Trust Co., 81 So.3d 556, 557 (Fla. 3d DCA 2012) (holding that it is the appellant’s burden to present a record to overcome the presumption of correctness of the trial court’s findings); 7550 Bldg., Inc. v. Atl. 2014We affirm the trial court’s September 26, 2013, Interim Temporary Order, which placed the minor child “in the father’s custody pending the mother’s relocation to Dade County.” See Zarate v. Deutsche Bank Nat’l Trust Co., 81 So.3d 556, 557 (Fla. 3d DCA 2012) (holding it is the appellant’s burden to present a record to overcome the presumption of correctness of the trial court’s findings); 7550 Bldg., Inc. v. Atl. | 2 | 2 |
7550 Bldg., Inc. v. Atlantic Rack & Shelving, Inc.green2 sentences2014Rack & Shelving, Inc., 999 So.2d 663, 664 (Fla. 3d DCA 2008) (holding that the appellant’s failure to provide a transcript of the proceedings was fatal to its claims because “[without a record of the trial proceedings, the appellate court can not [sic] properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”) (quoting Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979)). 2014Rack & Shelving, Inc., 999 So.2d 663, 664 (Fla. 3d DCA 2008) (holding the appellant’s failure to provide a transcript of the proceedings was fatal to its claims because “[w]ithout a record of the trial proceedings, the appellate court can not [sic] properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory”) (quoting Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979)). | 2 | 2 |
James v. Stategreen1 sentence1986See James v. State, 223 So.2d 52, 56 (Fla. 4th DCA 1969). | 1 | 1 |
Taylor v. Stategreen1 sentence1979It is well settled that a "consent" given after a constitutionally impermissible restraint is presumptively tainted by that restraint and hence invalid; Pomerantz v. State, 372 So.2d 104 (Fla. 3d DCA 1979); Taylor v. State, 355 So.2d 180, 184 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 835 (Fla. 1978); United States v. Ballard, 573 F.2d 913 (5th Cir.1978); and there is admittedly nothing in this record to overcome that presumption. | 1 | 1 |
Husted v. Stategreen1 sentence1979Compare Husted v. State, 370 So.2d 853 (Fla. 3d DCA 1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simplice v. State
green
1 sentence2016Id.; Simplice, 134 So.3d at 557 . | 1 | 2016–2016 |
State v. Nova
green
1 sentence1982State v. Nova, 361 So.2d 411 (Fla. 1978). | 1 | 1982–1982 |
Pomerantz v. State
green
1 sentence1979It is well settled that a "consent" given after a constitutionally impermissible restraint is presumptively tainted by that restraint and hence invalid; Pomerantz v. State, 372 So.2d 104 (Fla. 3d DCA 1979); Taylor v. State, 355 So.2d 180, 184 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 835 (Fla. 1978); United States v. Ballard, 573 F.2d 913 (5th Cir.1978); and there is admittedly nothing in this record to overcome that presumption. | 1 | 1979–1979 |
United States v. Charles Steven Ballard, A/K/A James Bishop
green
1 sentence1979It is well settled that a "consent" given after a constitutionally impermissible restraint is presumptively tainted by that restraint and hence invalid; Pomerantz v. State, 372 So.2d 104 (Fla. 3d DCA 1979); Taylor v. State, 355 So.2d 180, 184 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 835 (Fla. 1978); United States v. Ballard, 573 F.2d 913 (5th Cir.1978); and there is admittedly nothing in this record to overcome that presumption. | 1 | 1979–1979 |
Horace v. Culver
green
1 sentence1962This case now being before us on the original petition for habeas corpus and the respondent’s return, we find that the petitioner at the time he plead guilty and was sentenced, had been adjudged insane in the Court of Ordinary of Thomas County, Georgia and that no formal order had been entered adjudicating him sane, and there being insufficient evidence in the record to overcome the presumption that the insanity continued at the time of the commission of the alleged crime, It is the order of the Court that the judgment and sentence be vacated, the plea of guilty set aside and the petitioner re | 1 | 1962–1962 |
Dixon v. Cochran
green
1 sentence1962This case now being before us on the original petition for habeas corpus and the respondent’s return, we find that the petitioner at the time he plead guilty and was sentenced, had been adjudged insane in the Court of Ordinary of Thomas County, Georgia and that no formal order had been entered adjudicating him sane, and there being insufficient evidence in the record to overcome the presumption that the insanity continued at the time of the commission of the alleged crime, It is the order of the Court that the judgment and sentence be vacated, the plea of guilty set aside and the petitioner re | 1 | 1962–1962 |
Slottow v. Hull Investment Co.
green
2 sentences1933The claim of the mortgagor that as a commutative surety for the original debt, he should be held to have been released by the long continued forbearance of the mortgagee to enforce the mortgage debt against either himself or against the grantee assumors of the moi-tgagee, as well as by the acceptance by the mortgagee of payments on the debt from the grantee as'sumors, must, in view of the final decree finding the facts of the case against the complaining party on the evidence, be rejected by this Court on this appeal, on authority of Slottow v. Hull Investment Co., 100 Fla. 244 , 129 Sou. 1933The claim of the mortgagor that as a commutative surety for the original debt, he should be held to have been released by the long continued forbearance of the mortgagee to enforce the mortgage debt against either himself or against the grantee assumors of the moi-tgagee, as well as by the acceptance by the mortgagee of payments on the debt from the grantee as'sumors, must, in view of the final decree finding the facts of the case against the complaining party on the evidence, be rejected by this Court on this appeal, on authority of Slottow v. Hull Investment Co., 100 Fla. 244 , 129 Sou. | 1 | 1933–1933 |
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.