violation of clearly established principle (Florida) · Go Syfert
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violation of clearly established principle in Florida

8 Florida opinions name it 2 courts 2009–2023 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 (3)

CaseFollowedCited
Williams v. Okengreen
fla · 2011 · cited in 6 Florida opinions naming this issue, 2014–2023
2 sentences

2015The standard which has been defined in cases involving certiorari review of denial of a motion to dismiss in medical malpractice actions, as in other certiorari reviews, is “ ‘a violation of clearly established principle of law resulting in a miscarriage of justice.’ ” See Nieves v. Viera, 150 So.3d 1236, 1238 (Fla. 3d DCA 2014) (quoting Williams v. Oken, 62 So.3d 1129, 1132 (Fla.2011)).

2015Certiorari relief is discretionary, but this Court should exercise this discretion only where the party has shown that “ ‘there has been a violation of clearly established principle of law resulting in a miscarriage of justice.’” Williams, 62 So.3d at 1133 (quoting Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 527 (Fla. 1995)).

46
Haines City Community Dev. v. Heggsgreen
fla · 1995 · cited in 3 Florida opinions naming this issue, 2014–2023
2 sentences

2023Id. at 1133 (quoting Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 527 (Fla. 1995)).

2015Certiorari relief is discretionary, but this Court should exercise this discretion only where the party has shown that “ ‘there has been a violation of clearly established principle of law resulting in a miscarriage of justice.’” Williams, 62 So.3d at 1133 (quoting Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 527 (Fla. 1995)).

33
Nieves, M.D. v. Vieragreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015The standard which has been defined in cases involving certiorari review of denial of a motion to dismiss in medical malpractice actions, as in other certiorari reviews, is “ ‘a violation of clearly established principle of law resulting in a miscarriage of justice.’ ” See Nieves v. Viera, 150 So.3d 1236, 1238 (Fla. 3d DCA 2014) (quoting Williams v. Oken, 62 So.3d 1129, 1132 (Fla.2011)).

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 (2)

CaseCitedYears
Target Corp. v. Vogel green
fladistctapp · 2010
1 sentence

2013In Target, this court denied the petition for writ of certiorari (as we are doing in the instant case), noting “the circuit court’s broad discretion in overseeing discovery.” Target, 41 So.3d at 963 .

12013–2013
Combs v. State green
fla · 1983
1 sentence

2009Combs v. State, 436 So.2d 93 (Fla.1983) (district courts should exercise this discretion only when there has been a violation of clearly established principle of law resulting in a miscarriage of justice). 3 .

12009–2009

Statutes the citing opinions construe

FL § 766.102 (3) FL § 766.203 (3)

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.

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