noted rule (Florida) · Go Syfert
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noted rule in Florida

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.

Followed or applied (20)

CaseFollowedCited
State v. Hugginsgreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See id. at 242.

11
Sacks v. Sacksgreen
fla · 1972 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009Later 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.

11
Amend. to Fla. Rules of Appellate Proc.green
fla · 1996 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Instead, 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)).

11
State v. Ortizgreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007In 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).

11
State v. Bonebrightgreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

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 .

11
State v. Kalogeropolousgreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007In 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 .

11
Griffin v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Recently, 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).

11
Matter of Use by Tr. Cts. of Stand. Jury Inst.green
fla · 1981 · cited in 1 Florida opinions naming this issue, 2003–2003
11
Laquila Construction, Inc. v. Travelers Indemnity Co.green
nysd · 1999 · cited in 1 Florida opinions naming this issue, 2003–2003
11
In Re Daniel CHgreen
calctapp · 1990 · cited in 1 Florida opinions naming this issue, 2001–2001
11
Burgos v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2000–2000
11
Seaboard Air Line Railroad Co. v. Stricklandgreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 2000–2000
11
Angel, Cohen & Rogovin v. Oberon Inv., NVgreen
fla · 1987 · cited in 1 Florida opinions naming this issue, 1999–1999
11
State v. Wellergreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1994–1994
11
Thomas v. Stategreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 1994–1994
11
State v. LeBlancgreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1994–1994
11
The Florida Bar v. Newhousegreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1993–1993
11
Florida Bar Re Standard Jury Instructions—Criminalgreen
fla · 1987 · cited in 1 Florida opinions naming this issue, 1989–1989
11
Raymond Parker v. Loren Widemangreen
ca5 · 1967 · cited in 1 Florida opinions naming this issue, 1988–1988
11
Gerstein v. Pughgreen
scotus · 1975 · cited in 1 Florida opinions naming this issue, 1983–1983
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 (59)

CaseCitedYears
State v. Cooper green
fla · 1994
2 sentences

2018Kelly, 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 ).

22018–2018
Kelly v. State green
fladistctapp · 2008
2 sentences

2018Kelly, 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 ).

22018–2018
State Road Department v. Bender green
fla · 1941
2 sentences

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). . . . .

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). . . . .

21994–2006
Notarian v. Plantation AMC Jeep, Inc. green
fladistctapp · 1990
2 sentences

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). . . . .

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).

21994–2006
Florida Power Corporation v. McNeely green
fladistctapp · 1960
2 sentences

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). . . . .

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).

21994–2006
Francis v. Barton green
fla · 1991
2 sentences

2005Francis v. Barton, 581 So.2d 583 (Fla.1991).

2005Francis v. Barton, 581 So.2d 583 (Fla.1991).

22005–2005
NICHOLSON-KENNY CAPITAL MGMT. v. Steinberg green
fladistctapp · 2006
2 sentences

2019The 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.

12019–2019
Boatright v. Philip Morris USA, Inc. green
fladistctapp · 2017
1 sentence

2018"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 .

12018–2018
Tessier v. Pratt green
lactapp · 2009
1 sentence

2014Similarly, 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.

12014–2014
Department of Health v. Bayfront Medical Center, Inc. green
fladistctapp · 2012
1 sentence

2013This 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.

12013–2013
Aurbach v. Gallina green
fla · 2000
1 sentence

2012Specifically, 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).

12012–2012
SEARCY, DENNEY, SCAROLA v. Poletz green
fla · 1995
1 sentence

2011Id.

12011–2011
Nielson v. State green
fladistctapp · 2008
1 sentence

2010This 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 .

12010–2010
Jackson v. State green
fla · 2008
1 sentence

2009Instead, 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 .

12009–2009
State v. Naveira green
fla · 2004
1 sentence

2008The 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 .

12008–2008
Kettell v. State neutral
fladistctapp · 2007
1 sentence

2008Id. at 506-07 .

12008–2008
Williams v. New York green
scotus · 1949
1 sentence

2007The 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.

12007–2007
Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800 green
fla · 1999
1 sentence

2007Instead, 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)).

12007–2007
Florida Nat. Organization for Women, Inc. v. State green
fladistctapp · 2002
1 sentence

2005This 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

12005–2005
Kozel v. Ostendorf green
fla · 1994
1 sentence

2005This 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

12005–2005
Silber v. Cn'R IND. OF JACKSONVILLE green
fladistctapp · 1988
1 sentence

2005In 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 .

12005–2005
Wainwright v. Witt green
scotus · 1985
12004–2004
Strickland v. Washington green
scotus · 1984
1 sentence

2004Id.

12004–2004
Hialeah Race Course, Inc. v. Gulfstream Park Racing Association green
fladistctapp · 1968
2 sentences

2004Long 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 .

12004–2004
Matter of Use by Tr. Cts. of Stand. Jury Inst. green
fla · 1981
12003–2003
Jones v. State green
fladistctapp · 1986
12003–2003
Melvin v. State green
fla · 1994
12002–2002
Fleming v. Fleming green
fladistctapp · 1998
12002–2002
Smith v. Department of Ins. green
fla · 1987
12001–2001
Mahoney v. Sears, Roebuck & Company green
fladistctapp · 1983
11997–1997
Preston v. State green
fladistctapp · 1982
11996–1996
King v. State green
fladistctapp · 1979
11996–1996
Whitchard v. State green
fladistctapp · 1984
11996–1996
Landgraf v. USI Film Products green
scotus · 1994
11995–1995
Foster v. State green
fladistctapp · 1992
11995–1995
Wemett v. State green
fla · 1990
11994–1994
Grous v. Standland green
fladistctapp · 1973
11992–1992
United States v. Sokolow green
scotus · 1989
11990–1990
Gaidymowicz v. WINN-DIXIE STORES, INC green
fladistctapp · 1979
11990–1990
Lockett v. State green
fladistctapp · 1988
11989–1989

Where else courts name it

IL 165 (1935–2026) CA 132 (1944–2026) TX 114 (1973–2026) LA 74 (1965–2022) OH 62 (1945–2026) FL 61 (1961–2019) PA 60 (1936–2025) WA 48 (1942–2026) NJ 45 (1962–2026) KS 40 (1961–2021) MO 37 (1959–2017) TN 35 (1983–2025) IN 35 (1982–2017) MD 32 (1979–2023) MI 31 (1977–2024) NY 30 (1962–2023) OR 29 (1967–2025) IA 28 (1965–2023) MS 27 (1990–2022) AZ 25 (1976–2024) AL 23 (1940–2026) WI 22 (1966–2026) VA 22 (1989–2026) OK 19 (1980–2019) CT 18 (1993–2025) MN 16 (1959–2014) DC 13 (1977–2005) NC 13 (1986–2021) CO 12 (1982–2020) NE 12 (1988–2026) NM 11 (1961–2012) WY 11 (1956–2011) UT 10 (1983–2025) GA 10 (1973–2014) ID 10 (1982–2022) WV 10 (1994–2021) KY 10 (1983–2023) HI 8 (1999–2016) AR 8 (1987–2017) MA 8 (1967–2026) SC 8 (1985–2026) MT 7 (1994–2013) DE 7 (1923–2024) SD 7 (1988–2026) RI 6 (1985–2023) AK 6 (1971–2006) ND 6 (1974–2025) VT 4 (1981–2024) NV 3 (1979–1993) NH 3 (1976–2016) ME 2 (1973–2006)

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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