Schwab factors (Florida) · Go Syfert
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Schwab factors in Florida

8 Florida opinions name it 2 courts 1978–2021 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 (5)

CaseFollowedCited
Parker v. Duggergreen
fla · 1989 · cited in 2 Florida opinions naming this issue, 2002–2021
2 sentences

2021Appellate counsel cannot be deemed ineffective for failing to raise an issue that was not pursued or objected to at trial.”); see also Parker v. Dugger, 550 So. 2d 459, 460 (Fla. 1989) (“[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been . . . or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial.”). - 28 - by counsel and the habeas claim concerned the failure to preserve the claim. 814 So. 2d at 409-14 .

2002See Parker v. Dugger, 550 So.2d 459, 460 (Fla.1989) ("[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been ... or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial.").

22
Stanfield v. Salvation Armygreen
fladistctapp · 1997 · cited in 2 Florida opinions naming this issue, 1999–2008
2 sentences

2008See Stanfield v. Salvation Army, 695 So.2d 501, 503 (Fla. 5th DCA 1997) ("it is unnecessary to engage in the factor-by-factor analysis outlined by Schwab ").

2008See Stanfield v. Salvation Army, 695 So.2d 501, 503 (Fla. 5th DCA 1997) ("it is unnecessary to engage in the factor-by-factor analysis outlined by Schwab ").

12
Schwab v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2021–2021
2 sentences

2021Appellate counsel cannot be deemed ineffective for failing to raise an issue that was not pursued or objected to at trial.”); see also Parker v. Dugger, 550 So. 2d 459, 460 (Fla. 1989) (“[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been . . . or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial.”). - 28 - by counsel and the habeas claim concerned the failure to preserve the claim. 814 So. 2d at 409-14 .

2021Schwab v. State, 814 So. 2d 402, 414 (Fla. 2002) (“Schwab’s first habeas claim is procedurally barred as it was raised and rejected in our discussion of Schwab’s rule 3.850 appeal. . . .

11
MEMORIAL HOSPITAL-WEST v. News-Journalgreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006See Memorial Hospital, 729 So.2d at 380 ; New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27, 30 (Fla.1993).

2006See Memorial Hospital, 729 So.2d at 380 ; New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27, 30 (Fla.1993).

11
New York Times Co. v. PHH M. HEALTH SERVICESgreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006See Memorial Hospital, 729 So.2d at 380 ; New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27, 30 (Fla.1993).

2006See Memorial Hospital, 729 So.2d at 380 ; New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27, 30 (Fla.1993).

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 (6)

CaseCitedYears
Prison Health Services, Inc. v. Lakeland Ledger Pub. Co. green
fladistctapp · 1998
2 sentences

2015Id.

2015Id.

12015–2015
News-Journal Corp. v. Memorial Hosp. green
fladistctapp · 1997
2 sentences

1999Id. at 422 .

1999Id. at 422 .

11999–1999
Trepal v. State green
fla · 1997
1 sentence

1999Id. at 499 .

11999–1999
Lawn v. Wasserman green
fladistctapp · 1969
1 sentence

1978Cf. Lawn v. Wasserman, 226 So.2d 261 (Fla. 3d DCA 1969).

11978–1978
RANDLE EASTERN AMBULANCE SERV. INC. v. Vasta green
fladistctapp · 1977
1 sentence

1978Randle Eastern Ambulance Service, Inc. v. Vasta, 345 So.2d 1084 (Fla. 3d DCA 1977); Chamberlin v. Mid-Century Insurance Company, 350 So.2d 364 (Fla. 2d DCA 1977). *119 After reviewing the record in the case at bar, we cannot say that the trial judge abused his discretion, grossly or otherwise in determining that Schwab's misplaced reliance upon its insurer for its timely defense is not excusable neglect and thereupon denying Schwab's motion to set aside default.

11978–1978
Chamberlin v. MID-CENTURY INS. CO. green
fladistctapp · 1977
1 sentence

1978Randle Eastern Ambulance Service, Inc. v. Vasta, 345 So.2d 1084 (Fla. 3d DCA 1977); Chamberlin v. Mid-Century Insurance Company, 350 So.2d 364 (Fla. 2d DCA 1977). *119 After reviewing the record in the case at bar, we cannot say that the trial judge abused his discretion, grossly or otherwise in determining that Schwab's misplaced reliance upon its insurer for its timely defense is not excusable neglect and thereupon denying Schwab's motion to set aside default.

11978–1978

Statutes the citing opinions construe

FL § 119.011 (4)

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

FL 8 (1978–2021) WA 2 (2007–2007)

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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