61 Florida opinions name it 4 courts 1961–2019 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 |
|---|---|---|
State v. Hugginsgreen1 sentence2012See id. at 242. | 1 | 1 |
Sacks v. Sacksgreen1 sentence2009Later in Sacks v. Sacks, 267 So.2d 73, 75 (Fla.1972), in a divorce proceeding involving the husband’s attack on the legitimacy of his child, the court noted that the presumption of legitimacy should not “obscure the true issue before the Court; that is, the child. | 1 | 1 |
Amend. to Fla. Rules of Appellate Proc.green1 sentence2007Instead, it was intended to address the problems that arise from sentencing errors that "`are not immediately apparent at sentencing.'" Amendments, 761 So.2d at 1016 (quoting Amendments to the Fla. Rules of Appellate Procedure, 696 So.2d 1103, 1105 (Fla. 1996)). | 1 | 1 |
State v. Ortizgreen1 sentence2007In State v. Ortiz, 766 So.2d 1137, 1141-42 (Fla. 3d DCA 2000), this court noted that rule 3.190(c)(4) motions to dismiss are treated like summary judgment motions in civil cases: A motion to dismiss, made pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), must allege and establish that "there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant." State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000). | 1 | 1 |
State v. Bonebrightgreen1 sentence2007A motion to dismiss in a criminal case is analogous to a motion made for summary judgment in civil cases, and as such "[b]oth should be granted sparingly." State v. Bonebright, 742 So.2d 290, 291 (Fla. 1st DCA 1998); Kalogeropolous, 758 So.2d at 111 . | 1 | 1 |
State v. Kalogeropolousgreen2 sentences2007In State v. Ortiz, 766 So.2d 1137, 1141-42 (Fla. 3d DCA 2000), this court noted that rule 3.190(c)(4) motions to dismiss are treated like summary judgment motions in civil cases: A motion to dismiss, made pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), must allege and establish that "there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant." State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000). 2007A motion to dismiss in a criminal case is analogous to a motion made for summary judgment in civil cases, and as such "[b]oth should be granted sparingly." State v. Bonebright, 742 So.2d 290, 291 (Fla. 1st DCA 1998); Kalogeropolous, 758 So.2d at 111 . | 1 | 1 |
Griffin v. Stategreen1 sentence2007Recently, this court noted that rule 3.800(b)(2) "was not intended to circumvent rules requiring contemporaneous objections or enforcing principles of waiver." Griffin v. State, 946 So.2d 610, 613 (Fla. 2d DCA 2007). | 1 | 1 |
| Matter of Use by Tr. Cts. of Stand. Jury Inst.green | 1 | 1 |
| Laquila Construction, Inc. v. Travelers Indemnity Co.green | 1 | 1 |
| In Re Daniel CHgreen | 1 | 1 |
| Burgos v. Stategreen | 1 | 1 |
| Seaboard Air Line Railroad Co. v. Stricklandgreen | 1 | 1 |
| Angel, Cohen & Rogovin v. Oberon Inv., NVgreen | 1 | 1 |
| State v. Wellergreen | 1 | 1 |
| Thomas v. Stategreen | 1 | 1 |
| State v. LeBlancgreen | 1 | 1 |
| The Florida Bar v. Newhousegreen | 1 | 1 |
| Florida Bar Re Standard Jury Instructions—Criminalgreen | 1 | 1 |
| Raymond Parker v. Loren Widemangreen | 1 | 1 |
| Gerstein v. Pughgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Cooper
green
2 sentences2018Kelly, 987 So. 2d at 1238 (citing Cooper, 634 So. 2d at 1075 ). 2018Kelly , 987 So.2d at 1238 (citing Cooper , 634 So. 2d at 1075 ). | 2 | 2018–2018 |
Kelly v. State
green
2 sentences2018Kelly, 987 So. 2d at 1238 (citing Cooper, 634 So. 2d at 1075 ). 2018Kelly , 987 So.2d at 1238 (citing Cooper , 634 So. 2d at 1075 ). | 2 | 2018–2018 |
State Road Department v. Bender
green
2 sentences2006A party may assign almost any cause of action, with the noted exception of claims for personal injury, see and compare Selfridge ; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla.App.1960); State Road Dep't v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). . . . . 2006A party may assign almost any cause of action, with the noted exception of claims for personal injury, see and compare Selfridge ; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla.App.1960); State Road Dep't v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). . . . . | 2 | 1994–2006 |
Notarian v. Plantation AMC Jeep, Inc.
green
2 sentences2006A party may assign almost any cause of action, with the noted exception of claims for personal injury, see and compare Selfridge ; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla.App.1960); State Road Dep't v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). . . . . 1994See and compare Selfridge; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla. 1960); State Road Dept. v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). | 2 | 1994–2006 |
Florida Power Corporation v. McNeely
green
2 sentences2006A party may assign almost any cause of action, with the noted exception of claims for personal injury, see and compare Selfridge ; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla.App.1960); State Road Dep't v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). . . . . 1994See and compare Selfridge; Florida Power Corp. v. McNeely, 125 So.2d 311 (Fla. 1960); State Road Dept. v. Bender, 147 Fla. 15 , 2 So.2d 298 (1941); Notarian v. Plantation AMC Jeep, 567 So.2d 1034 (Fla. 4th DCA 1990). | 2 | 1994–2006 |
Francis v. Barton
green
2 sentences2005Francis v. Barton, 581 So.2d 583 (Fla.1991). 2005Francis v. Barton, 581 So.2d 583 (Fla.1991). | 2 | 2005–2005 |
NICHOLSON-KENNY CAPITAL MGMT. v. Steinberg
green
2 sentences2019The court noted that rule 1.820(h) did not even require that a pleading be styled "motion for trial." Instead, the court interpreted the rule to "require[] some notice to the opposing party that its adversary is rejecting an arbitration award and renewing its demand for trial." Id. 2019In Steinberg, the appellant's attorney filed a notice setting a pretrial conference a mere four days after the arbitration decision was rendered, and in it, appellant "clearly indicated a desire to proceed to trial in the case." Id. | 1 | 2019–2019 |
Boatright v. Philip Morris USA, Inc.
green
1 sentence2018"Simply stated, proposals for settlement are not subject to the service requirements of rule 2.516 because the proposals do not meet rule 1.080(a)'s threshold requirement that they be 'filed in the action.' " Id. at 965 . | 1 | 2018–2018 |
Tessier v. Pratt
green
1 sentence2014Similarly, in Tessier v. Pratt, 08-1268 (La.App. 1st Cir.2/13/09), 7 So.3d 768, 773 , this court noted that defense counsel did more than just attend a status conference, Despite verbal assertions that she believed the case was abandoned, she signed a case management order and made no formal motion to preserve her right to claim abandonment. | 1 | 2014–2014 |
Department of Health v. Bayfront Medical Center, Inc.
green
1 sentence2013This court noted the rule “continues to set forth nineteen trauma service areas that are not coterminous with the boundaries of the seven regional domestic security task forces.” Id. | 1 | 2013–2013 |
Aurbach v. Gallina
green
1 sentence2012Specifically, the court stated, “To the extent that Standard Jury Instruction 3.3(a) instructs the jury that either ownership or right to control could give rise to dangerous instrumentality liability, we request that the Civil Standard Jury Instruction Committee consider whether, consistent with existing law, a revision to the jury instruction is necessary.” Id. at 66 n. 5 (emphasis added). | 1 | 2012–2012 |
SEARCY, DENNEY, SCAROLA v. Poletz
green
1 sentence2011Id. | 1 | 2011–2011 |
Nielson v. State
green
1 sentence2010This court noted that rule 3.800(a) is “generally restricted to matters that can be established from the record without the need for any significant evidentiary proceedings” and that rule 3.800(a) proceedings are not intended to resolve factual disputes. 984 So.2d at 590 . | 1 | 2010–2010 |
Jackson v. State
green
1 sentence2009Instead, the rule may be used to correct and preserve for appeal any error in an order entered as a result of the sentencing process — that is, orders related to the sanctions imposed.” Jackson, 983 So.2d at 574 . | 1 | 2009–2009 |
State v. Naveira
green
1 sentence2008The court noted that the rule-based right to speedy trial was "not coextensive with the broader constitutional right to a speedy trial." Naveira, 873 So.2d at 308 . | 1 | 2008–2008 |
Kettell v. State
neutral
1 sentence2008Id. at 506-07 . | 1 | 2008–2008 |
Williams v. New York
green
1 sentence2007The court noted that defense counsel did not object to the testimony from various witnesses at the sentencing hearing, he cross-examined those witnesses extensively, and "the defendant was given a full opportunity to explain his position and call his own witnesses." Id. | 1 | 2007–2007 |
Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800
green
1 sentence2007Instead, it was intended to address the problems that arise from sentencing errors that "`are not immediately apparent at sentencing.'" Amendments, 761 So.2d at 1016 (quoting Amendments to the Fla. Rules of Appellate Procedure, 696 So.2d 1103, 1105 (Fla. 1996)). | 1 | 2007–2007 |
Florida Nat. Organization for Women, Inc. v. State
green
1 sentence2005This court noted that the factors set forth in Kozel were: “1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.” Flori | 1 | 2005–2005 |
Kozel v. Ostendorf
green
1 sentence2005This court noted that the factors set forth in Kozel were: “1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.” Flori | 1 | 2005–2005 |
Silber v. Cn'R IND. OF JACKSONVILLE
green
1 sentence2005In Silber , though, the court noted that the defense had been raised in the answer, early in the case, and that the plaintiff was aware of the failure to pay the tax but did nothing until the presentation of evidence was concluded. 526 So.2d at 978 . | 1 | 2005–2005 |
| Wainwright v. Witt green | 1 | 2004–2004 |
Strickland v. Washington
green
1 sentence2004Id. | 1 | 2004–2004 |
Hialeah Race Course, Inc. v. Gulfstream Park Racing Association
green
2 sentences2004Long ago this court noted that the test of the sufficiency of a complaint seeking relief under the Declaratory Judgment Act *381 "is not whether the complaint shows that the plaintiff will succeed in getting a declaration of rights in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all." Hialeah Race Course, Inc. v. Gulfstream Park Racing Ass'n, 210 So.2d 750 (Fla. 4th DCA 1968). 2004In Hialeah this court commented that the Declaratory Judgment Act should be liberally construed and administered and explained that an action properly brought under the act requires "a bona fide controversy, justiciable in the sense that it flows out of some definite and concrete assertion of right, and there should be involved the legal or equitable relations of parties having adverse interests with respect to which the declaration is sought." Id. at 753 . | 1 | 2004–2004 |
| Matter of Use by Tr. Cts. of Stand. Jury Inst. green | 1 | 2003–2003 |
| Jones v. State green | 1 | 2003–2003 |
| Melvin v. State green | 1 | 2002–2002 |
| Fleming v. Fleming green | 1 | 2002–2002 |
| Smith v. Department of Ins. green | 1 | 2001–2001 |
| Mahoney v. Sears, Roebuck & Company green | 1 | 1997–1997 |
| Preston v. State green | 1 | 1996–1996 |
| King v. State green | 1 | 1996–1996 |
| Whitchard v. State green | 1 | 1996–1996 |
| Landgraf v. USI Film Products green | 1 | 1995–1995 |
| Foster v. State green | 1 | 1995–1995 |
| Wemett v. State green | 1 | 1994–1994 |
| Grous v. Standland green | 1 | 1992–1992 |
| United States v. Sokolow green | 1 | 1990–1990 |
| Gaidymowicz v. WINN-DIXIE STORES, INC green | 1 | 1990–1990 |
| Lockett v. State green | 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.