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8 Florida opinions name it 2 courts 1989–2023 3 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 |
|---|---|---|
Suarez v. Benihana National of Florida Corp.green2 sentences2023However, “we do so with the understanding that this standard is ‘somewhat narrowed,’ as it must take into account the heightened standard of ‘clear and convincing evidence’ upon which an order of dismissal for fraud on the court must be based.” Suarez v. Benihana Nat. of Florida Corp., 88 So. 3d 349, 352 (Fla. 3d DCA 2012). 2021Although we review such an order under an abuse of discretion standard, “we do so with the understanding that this standard is ‘somewhat narrowed,’ as it must take into account the heightened standard of ‘clear and convincing evidence’ upon which an order of dismissal for fraud on the court must be based.” Suarez v. Benihana Nat. of Fla. Corp., 88 So. 3d 349, 352 (Fla. 3d DCA 2012) (citations omitted). | 3 | 3 |
St. John's Presbytery v. Central Presbyterian Church of St. Petersburggreen1 sentence2021Petersburg, 102 So. 2d 714, 718 (Fla. 1958), a case involving a hierarchical church: When the church is representative, republican or episcopal in government, the authorities uniformly hold that the church property whether held by an express or an implied trust 2 Although many courts have treated the ecclesiastical abstention doctrine as a question of subject matter jurisdiction, I do not think that is the proper understanding of the doctrine. | 1 | 1 |
Empire World Towers, LLC v. CDR Créances, S.A.S.green1 sentence2021See also Willie-Koonce v. Miami Sunshine Transfer & Tours Corp., 233 So. 3d 1271 , 1273 (Fla. 3d DCA 2017) (observing that because an order dismissing an action is a “severe sanction, to be administered only in the most egregious cases,” we review such an order under “a narrowed abuse of discretion standard”) (quoting Empire World Towers, LLC v. CDR Créances, S.A.S., 89 So. 3d 1034, 1038 (Fla. 3d DCA 2012)). | 1 | 1 |
Tucker v. Stategreen1 sentence2018See Tucker, 559 So. 2d at 220 (“If the defendant has been advised by counsel 10 about the advantages and disadvantages of a jury trial, then the colloquy will serve to verify the defendant’s understanding of the waiver.”). | 1 | 1 |
Medina v. FLORIDA EAST COAST RY., LLCgreen1 sentence2016“A trial court has the inherent authority to dismiss an action when it finds that a plaintiff has perpetrated a fraud on the court.” Medina v. Fla. East Coast Ry., L.L.C., 866 So.2d 89, 90 (Fla. 3d DCA 2004). | 1 | 1 |
Ramey v. Haverty Furniture Companies, Inc.green1 sentence2012See Ramey v. Haverty Furniture Co., 993 So.2d 1014 (Fla. 2d DCA 2008). | 1 | 1 |
Robert Muench v. Thomas Israel and Attorney General of Wisconsin, Richard Worthing v. Thomas R. Israelgreen1 sentence1989Differing terminology has sometimes clouded an understanding of the defense, as explained in Muench v. Israel, 715 F.2d 1124, 1142-43 (7th Cir.1983), cert. denied sub nom. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Leo's Gulf Liquors v. Lakhani
green
1 sentence2012Although we review the trial court’s order under an abuse of discretion standard, Leo’s Gulf Liquors v. Lakhani, 802 So.2d 337 (Fla. 3d DCA 2001), we do so with the understanding that this standard is “somewhat narrowed,” as it must take into account the heightened standard of “clear and convincing evidence” upon which an order of dismissal for fraud on the court must be based. | 1 | 2012–2012 |
Carawan v. State
red
1 sentence1989While it is clear that simple possession under subsection (1)(e) is a necessarily lesser included offense of possession with intent to sell under subsection (1)(a), it is also clear that possession under either subsection is not a necessarily lesser included offense of sale because the definition of sale does not require proof of possession. [1] Since I believe the majority has clearly misconstrued the meaning of this first main rule of statutory construction, and since a proper understanding of such rule is so critical to the correct application of the Carawan analysis, an analysis which we a | 1 | 1989–1989 |
Rhodes v. Hogan
green
1 sentence1989Worthing v. Israel, 467 U.S. 1228 , 104 S.Ct. 2682 , 81 L.Ed.2d 878 (1984): Petitioners, of course, claim they are not attempting to impose upon Wisconsin what they call a "diminished responsibility defense," thereby attempting to capitalize on the somewhat misleading nature of that particular label for the doctrine. | 1 | 1989–1989 |
Carter v. Alabama
green
1 sentence1989Worthing v. Israel, 467 U.S. 1228 , 104 S.Ct. 2682 , 81 L.Ed.2d 878 (1984): Petitioners, of course, claim they are not attempting to impose upon Wisconsin what they call a "diminished responsibility defense," thereby attempting to capitalize on the somewhat misleading nature of that particular label for the doctrine. | 1 | 1989–1989 |
Hall v. Illinois
green
1 sentence1989Worthing v. Israel, 467 U.S. 1228 , 104 S.Ct. 2682 , 81 L.Ed.2d 878 (1984): Petitioners, of course, claim they are not attempting to impose upon Wisconsin what they call a "diminished responsibility defense," thereby attempting to capitalize on the somewhat misleading nature of that particular label for the doctrine. | 1 | 1989–1989 |
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.