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8 Florida opinions name it 2 courts 1987–2017 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 |
|---|---|---|
Llompart v. Lavecchiagreen2 sentences2012“An overall test that is often applied is that in passing on the refusal of a single instruction, an appellate court will examine the entire charge to the jury and, if it determines that the law has been fairly presented to the jury, the judgment will be affirmed.” Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979). 1989Giordano v. Ramirez, 503 So.2d 947 (Fla. 3d DCA 1987); Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 942 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Schreidell v. Shoter, 500 So.2d 228, 231 (Fla. 3d DCA 1986), review denied, 511 So.2d 299 (Fla.1987); LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986), review denied, 503 So.2d 326 (Fla.1987); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980). | 3 | 3 |
Soffer v. R.J. Reynolds Tobacco Co.green2 sentences2017Further, “[a] trial court abuses its discretion when it fails to give a proposed instruction that is (1) an accurate statement of the law, (2) supported by the facts of the case, and (3) necessary for the jury to properly resolve the issues, so long as the subject of the proposed instruction is not covered in other instructions given to the jury and the failure to instruct is shown to be prejudicial.” Jewett, 106 So. 3d at 467 . a) The Fraud-Based Instructions Plaintiff argues that the court erred when it instructed the jury on her claims for fraud by concealment and conspiracy because it aske 2015Reynolds Tobacco Co. v. Jewett, 106 So.3d 465, 467 (Fla. 1st DCA 2012) (“A trial court abuses its discretion when it fails to give a proposed instruction that is (1) an accurate statement of the law, (2) supported by the facts of the case, and (3) necessary for the jury to properly resolve the issues, so long as the subject of the proposed instruction is not covered in other instructions given to the jury and the failure to instruct is shown to be prejudicial.”); see also McPhee v. The Paul Revere Life Ins. | 2 | 3 |
LaTORRE EX REL. LaTORRE v. FIRST BAPTIST CH. OF OJUSgreen2 sentences1989Giordano v. Ramirez, 503 So.2d 947 (Fla. 3d DCA 1987); Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 942 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Schreidell v. Shoter, 500 So.2d 228, 231 (Fla. 3d DCA 1986), review denied, 511 So.2d 299 (Fla.1987); LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986), review denied, 503 So.2d 326 (Fla.1987); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980). 1987Sears, 502 So.2d at 942 ; Schreidell, 500 So.2d at 231 ; LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla. 1980). | 2 | 2 |
Schreidell v. Shotergreen2 sentences2010Moreover, reversal will not be granted “where the subject of the proposed instruction is covered in other charges given by the court or where failure to give the instruction is not shown to be prejudicial.” Id. 1989Giordano v. Ramirez, 503 So.2d 947 (Fla. 3d DCA 1987); Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 942 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Schreidell v. Shoter, 500 So.2d 228, 231 (Fla. 3d DCA 1986), review denied, 511 So.2d 299 (Fla.1987); LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986), review denied, 503 So.2d 326 (Fla.1987); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980). | 1 | 3 |
Sears, Roebuck & Co. v. McKenziegreen2 sentences1989Giordano v. Ramirez, 503 So.2d 947 (Fla. 3d DCA 1987); Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 942 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Schreidell v. Shoter, 500 So.2d 228, 231 (Fla. 3d DCA 1986), review denied, 511 So.2d 299 (Fla.1987); LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986), review denied, 503 So.2d 326 (Fla.1987); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980). 1987Sears, 502 So.2d at 942 ; Schreidell, 500 So.2d at 231 ; LaTorre v. First Baptist Church of Ojus, Inc., 498 So.2d 455, 456 (Fla. 3d DCA 1986); Llompart v. Lavecchia, 374 So.2d 77, 80 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla. 1980). | 1 | 2 |
McPhee v. the Paul Revere Life Ins. Co.green2 sentences2015Co., 883 So. 2d 364, 368 (Fla. 4th DCA 2004) (explaining that an erroneous jury instruction constitutes reversible error where the instruction “reasonably might have misled the jury”). 2015Co., 883 So.2d 364, 368 (Fla. 4th DCA 2004) (explaining that an erroneous jury instruction constitutes reversible error where the instruction “reasonably might have misled the jury”). | 1 | 1 |
Beltran v. Rodriguezgreen1 sentence2012“Moreover, reversal will not be granted “where the subject of the proposed instruction is covered in other charges given by the court or where failure to give the instruction is not shown to be prejudicial.’ ” Beltran v. Rodriguez, 36 So.3d 725, 728 (Fla. 3d DCA 2010) (quoting Giordano, 503 So.2d at 949 ). | 1 | 1 |
A.B. v. Department of Children & Familiesgreen1 sentence2012Mills v. State, 949 So.2d 1186, 1188 (Fla. 1st DCA 2007); Golian v. Wollschlager, 893 So.2d 666, 667 (Fla. 1st DCA 2005); Robinson v. Gerard, 611 So.2d 605, 607 (Fla. 1st DCA 1993). | 1 | 1 |
Golian v. Wollschlagergreen1 sentence2012Mills v. State, 949 So.2d 1186, 1188 (Fla. 1st DCA 2007); Golian v. Wollschlager, 893 So.2d 666, 667 (Fla. 1st DCA 2005); Robinson v. Gerard, 611 So.2d 605, 607 (Fla. 1st DCA 1993). | 1 | 1 |
Robinson v. Gerardgreen1 sentence2012Mills v. State, 949 So.2d 1186, 1188 (Fla. 1st DCA 2007); Golian v. Wollschlager, 893 So.2d 666, 667 (Fla. 1st DCA 2005); Robinson v. Gerard, 611 So.2d 605, 607 (Fla. 1st DCA 1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Giordano v. Ramirez
green
2 sentences2012“Moreover, reversal will not be granted “where the subject of the proposed instruction is covered in other charges given by the court or where failure to give the instruction is not shown to be prejudicial.’ ” Beltran v. Rodriguez, 36 So.3d 725, 728 (Fla. 3d DCA 2010) (quoting Giordano, 503 So.2d at 949 ). 2008However, an appellate court will not reverse "where the subject of the proposed instruction is covered in other charges given by the court or where failure to give the instruction is not shown to be prejudicial." Id. | 3 | 1989–2012 |
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.