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

59 Florida opinions name it 2 courts 1972–2026 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.

Followed or applied (32)

CaseFollowedCited
Herald v. Hardingreen
fla · 1928 · cited in 2 Florida opinions naming this issue, 2003–2009
2 sentences

2003Section 39.464(1), Florida Statutes (1997), authorizes termination of parental rights based on properly executed documents, and provides in subsection (1)(a)2. "the surrender and consent may be withdrawn ... only after a finding by the court that the surrender and consent were obtained by fraud or duress." In K.C. v. Adoption Services Inc., 721 So.2d 811, 812 (Fla. 4th DCA 1998), the court explained the test for proving duress in attempting to withdraw consent to TPR as follows: Duress is: A condition of mind produced by an improper external pressure or influence that practically destroys the

2003Section 39.464(1), Florida Statutes (1997), authorizes termination of parental rights based on properly executed documents, and provides in subsection (1)(a)2. "the surrender and consent may be withdrawn ... only after a finding by the court that the surrender and consent were obtained by fraud or duress." In K.C. v. Adoption Services Inc., 721 So.2d 811, 812 (Fla. 4th DCA 1998), the court explained the test for proving duress in attempting to withdraw consent to TPR as follows: Duress is: A condition of mind produced by an improper external pressure or influence that practically destroys the

22
Cloud v. Fallisgreen
fla · 1959 · cited in 2 Florida opinions naming this issue, 1999–2001
2 sentences

2001As noted by this court in Suarez-Burgos v. Morhaim, 745 So.2d 368, 370 (Fla. 4th DCA 1999), rev. den., 767 So.2d 461 (Fla.2000): In Castlewood International Corp. v. LaFleur, 322 So.2d 520, 522 (Fla.1975), the court explained the standard of review of such decisions: Since at least 1962, it has been the law of Florida that a trial court's discretion to grant a new trial is "of such firmness that it would not be disturbed except on clear showing of abuse...." Cloud v. Fallis, 110 So.2d 669, 672 (Fla.1959).

1999In Castlewood International Corp. v. La-Fleur, 322 So.2d 520, 522 (Fla.1975), the court explained the standard of review of such decisions: Since at least 1962, it has been the law of Florida that a trial court's discretion to grant a new trial is "of such firmness that it would not be disturbed except on clear showing of abuse. ..." Cloud v. Fallis, 110 So.2d 669, 672 (Fla.1959).

22
Castlewood International Corporation v. LaFleurgreen
fla · 1975 · cited in 2 Florida opinions naming this issue, 1999–2001
2 sentences

2001As noted by this court in Suarez-Burgos v. Morhaim, 745 So.2d 368, 370 (Fla. 4th DCA 1999), rev. den., 767 So.2d 461 (Fla.2000): In Castlewood International Corp. v. LaFleur, 322 So.2d 520, 522 (Fla.1975), the court explained the standard of review of such decisions: Since at least 1962, it has been the law of Florida that a trial court's discretion to grant a new trial is "of such firmness that it would not be disturbed except on clear showing of abuse...." Cloud v. Fallis, 110 So.2d 669, 672 (Fla.1959).

1999In Castlewood International Corp. v. La-Fleur, 322 So.2d 520, 522 (Fla.1975), the court explained the standard of review of such decisions: Since at least 1962, it has been the law of Florida that a trial court's discretion to grant a new trial is "of such firmness that it would not be disturbed except on clear showing of abuse. ..." Cloud v. Fallis, 110 So.2d 669, 672 (Fla.1959).

22
In Re Washington's Estategreen
fla · 1952 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026The court based its ruling on In re Washington’s Estate, 56 So. 2d 545, 547 (Fla. 1952), which held that where a will that cannot be located after the testator’s death “is shown to have been in his possession when last seen, then the presumption is, in the absence of other evidence, that he destroyed it.” However, the court explained that the presumption that the will was revoked does not apply in this 3 case because there was no evidence that the original will was ever in the possession of the decedent at any time.

11
Rodney L. Long Jr. v. State of Floridagreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Padilla relies on Long v. State, 188 So.3d 116, 117 (Fla. 1st DCA 2016), in which the First District held that the jury instruction for “burglary was erroneous because it misinformed the jury that it had to find the defendant entered with an intent to commit burglary, rather than a separate offense.” The court explained the error: [T]he jury was told it could convict the defendant without finding the defendant had the intent to commit an offense separate from the burglary.

11
Zack v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Zack v. State, 753 So.2d 9, 20 (Fla. 2000).

2017See, e.g., Zack v. State, 753 So. 2d 9, 20 (Fla. 2000).

11
Jordan v. Kelsongreen
fladistctapp · 1974 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Confusion can be reduced by recognition that liability under this doctrine is imposed independent of other theories of vicarious responsibility in tort law. 112 So.2d at 836. 3 Susco was followed by Meister, wherein the court explained the doctrine as follows: This form of vicarious liability is not based on respondent superior or an agency conception, but on the practical fact that the owner of an instrumentality which [has] the capability of causing death or destruction should in justice answer for misuse of this instrumentality by anyone operating it with his knowledge and consent. 462 So.2

11
Susco Car Rental System of Florida v. Leonardgreen
fla · 1959 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Confusion can be reduced by recognition that liability under this doctrine is imposed independent of other theories of vicarious responsibility in tort law. 112 So.2d at 836. 3 Susco was followed by Meister, wherein the court explained the doctrine as follows: This form of vicarious liability is not based on respondent superior or an agency conception, but on the practical fact that the owner of an instrumentality which [has] the capability of causing death or destruction should in justice answer for misuse of this instrumentality by anyone operating it with his knowledge and consent. 462 So.2

11
Engle v. Liggett Group, Inc.green
fla · 2006 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Engle, 945 So.2d at 1259, 1267, 1269 (citation omitted).

11
Gulle v. Boggsgreen
fla · 1965 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Subsequent to Bellere , this Court explained that the presumption that arises in rear-end collision cases is a legal construct that “arises out of necessity” because the front driver in a rear-end collision is usually in a poor position to observe, and thus introduce evidence on, the cause of the collision. 15 See also Eppler, 752 So.2d at 594 (explaining that rear-end presumption “arises out of necessity” in rear-end collision cases, and its usefulness relates to front driver’s usual lack of knowledge as to why he was rear-ended); see also Gulle v. Boggs, 174 So.2d 26, 28 (Fla.1965) (explaini

11
Clampitt v. DJ Spencer Salesgreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Spencer Sales, 786 So.2d 570, 572-73 (Fla.2001) (same).

11
Eppler v. Tarmac America, Inc.green
fla · 2000 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Subsequent to Bellere , this Court explained that the presumption that arises in rear-end collision cases is a legal construct that “arises out of necessity” because the front driver in a rear-end collision is usually in a poor position to observe, and thus introduce evidence on, the cause of the collision. 15 See also Eppler, 752 So.2d at 594 (explaining that rear-end presumption “arises out of necessity” in rear-end collision cases, and its usefulness relates to front driver’s usual lack of knowledge as to why he was rear-ended); see also Gulle v. Boggs, 174 So.2d 26, 28 (Fla.1965) (explaini

11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2011–2011
2 sentences

2011DiGuilio, 491 So.2d at 1135 (citation omitted).

2011DiGuilio, 491 So.2d at 1135 (citation omitted).

11
Gary James Eagan v. Jack R. Duckworth, Wardengreen
ca7 · 1988 · cited in 1 Florida opinions naming this issue, 2008–2008
11
Stewart v. Stategreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2008–2008
11
Sherri Williams v. Attorney General of Alabamagreen
ca11 · 2004 · cited in 1 Florida opinions naming this issue, 2006–2006
11
Correll v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2006–2006
11
Array v. Alberigigreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
11
Washington v. Glucksberggreen
scotus · 1997 · cited in 1 Florida opinions naming this issue, 2006–2006
11
SLT Warehouse Company v. Webbgreen
fla · 1974 · cited in 1 Florida opinions naming this issue, 2006–2006
11
State v. Gainesgreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2006–2006
11
Haag v. Stategreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 2004–2004
11
State v. Bolyeagreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 2004–2004
11
McMillian v. Stategreen
wis · 1978 · cited in 1 Florida opinions naming this issue, 2004–2004
11
KC v. Adoption Services, Inc.green
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2003–2003
11
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson Cityred
scotus · 1985 · cited in 1 Florida opinions naming this issue, 2002–2002
11
Suarez-Burgos v. Morhaimgreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001
11
Lightsey v. Williamsgreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 1999–1999
11
Smith v. Taylor County Publishing Co., Inc.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1995–1995
11
Meulners v. Hawkesgreen
minn · 1974 · cited in 1 Florida opinions naming this issue, 1995–1995
11
Jones v. Stategreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993
11
Cammarano v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1993–1993
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 (48)

CaseCitedYears
Graham v. Florida green
scotus · 2010
2 sentences

2015The Court explained that this rule does not require the states to guarantee eventu *76 al freedom to juveniles convicted of nonho-micide crimes, but rather it merely requires the states to give such offenders “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Id. at 75, 130 S.Ct. 2011 .

2015The Court explained that this rule does not require the states to guarantee eventual freedom to juveniles convicted of nonhomicide crimes, but rather it merely requires the states to give such offenders “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Id. at 75 .

22015–2015
Peoples Gas System, Inc. v. Mason green
fla · 1966
2 sentences

1996This Court explained the doctrine of administrative finality in Peoples Gas System, Inc. v. Mason, 187 So.2d 335 (Fla.1966): [O]rders of administrative agencies must eventually pass out of the agency's control and become final and no longer subject to *1179 modification.

1996This Court explained the doctrine of administrative finality in Peoples Gas System, Inc. v. Mason, 187 So.2d 335 (Fla.1966): [Ojrders of administrative agencies must eventually pass out of the agency’s control and become final and no longer subject to modification.

21996–1996
Landreth Timber Co. v. Landreth green
scotus · 1985
2 sentences

2025In a third decision, Landreth Timber Co. v. Landreth, 471 U.S. 681 (1985), the Court renounced Howey as applied to “stocks.” In so doing, the Court explained that the test “was designed to determine whether a particular instrument is an ‘investment contract,’ not whether it fits within any of the examples listed in the statutory definition of ‘security.’” Id. at 691 .

2025In a third decision, Landreth Timber Co. v. Landreth, 471 U.S. 681 (1985), the Court renounced Howey as applied to “stocks.” In so doing, the Court explained that the test “was designed to determine whether a particular instrument is an ‘investment contract,’ not whether it fits within any of the examples listed in the statutory definition of ‘security.’” Id. at 691 .

12025–2025
Boyd v. Becker green
fla · 1993
1 sentence

2022In doing so, this Court explained that the rule was previously adopted without “the benefit of an adversarial proceeding directed to the issue presented in [Boyd]” and that, because the matter at issue was substantive, the rule nevertheless “[did] not absolutely control which of the two statutory provisions applie[d].” Id.

12022–2022
Khianthalat v. State green
fla · 2008
1 sentence

2019Id. at 361 .

12019–2019
Ross v. State green
fla · 2010
2 sentences

2017This Court explained these factors in Ross: [I]t must be evident that, under the totality of the circumstances, a reasonable person in the suspect’s position would feel a restraint of his or her freedom of movement, fairly characterized, so that the suspect would not feel free to leave or to terminate the encounter with police. 45 So.3d at 415 .

2017This Court explained these factors in Ross: [I]t must be evident that, under the totality of the circumstances, a reasonable person in the suspect’s position would feel a restraint of his or her freedom of movement, fairly characterized, so that the suspect would not feel free to leave or to terminate the encounter with police. 45 So. 3d at 415 .

12017–2017
Randy W. Tundidor v. State of Florida green
fla · 2017
2 sentences

2017Id. at 599 , 2017 WL 1506854 at *7 .

2017Id. at 599 , 2017 WL 1506854 at *7 .

12017–2017
Carratelli v. State green
fla · 2007
2 sentences

2017Id. at 317-18 .

2017Id. at 317-18 .

12017–2017
Oklahoma Tax Commission v. Jefferson Lines, Inc. red
scotus · 1995
2 sentences

2016As noted above, the Court explained the test as requiring in its first prong that “a sale of tangible goods has a sufficient nexus to the State in which the sale is consummated to be treated as a local transaction taxable by that- State.” Id. at 184 , 115 S.Ct. 1331 .

2016As noted above, the Court explained the test as requiring in its first prong that “a sale of tangible goods has a sufficient nexus to the State in which the sale is consummated to be treated as a local transaction taxable by that- State.” Id. at 184 , 115 S.Ct. 1331 .

12016–2016
Paine v. Consumers' Forwarding & Storage Co. green
ca6 · 1895
1 sentence

2015To support this argument, Appellants cite cases dealing with street and road easements created by subdivision plats, such as Paine v. Consumers’ Forwarding & Storage Co., 71 F. 626 (6th Cir.1895), in which the court explained the principle as follows: The existence of “strips or gores” of land along the margin of nonnavigable lakes, to which the title may be held in abeyance for indefinite periods of time, is as great' an evil as are “strips and gores” of land along highways or running streams.

12015–2015
Henry v. State green
fla · 2015
1 sentence

2015In Henry v. State, the Florida Supreme Court extended the rule adopted in Graham to term-of-years sentences that amount to life in prison, holding that: Graham prohibits the state trial courts from sentencing juvenile nonhomicide offenders to prison terms that ensure these offenders will be imprisoned without obtaining a meaningful opportunity to obtain future early release during their natural lives based on their demonstrated maturity and rehabilitation. -So.3d-, 2015 WL 1239696 , 40 Fla. L.

12015–2015
Meister v. Fisher green
fla · 1984
1 sentence

2013Confusion can be reduced by recognition that liability under this doctrine is imposed independent of other theories of vicarious responsibility in tort law. 112 So.2d at 836. 3 Susco was followed by Meister, wherein the court explained the doctrine as follows: This form of vicarious liability is not based on respondent superior or an agency conception, but on the practical fact that the owner of an instrumentality which [has] the capability of causing death or destruction should in justice answer for misuse of this instrumentality by anyone operating it with his knowledge and consent. 462 So.2

12013–2013
Jackson v. State green
fla · 2008
1 sentence

2013In Jackson v. State, 983 So.2d 562 (Fla.2008), the court explained that the rule was intended to permit correction of errors in the order itself: The rule was intended to permit preservation of errors in orders entered as a result of the sentencing process — in other words, errors in cost and restitution orders, probation or community control orders, or in the sentence itself.

12013–2013
In re Senate Joint Resolution of Legislative Apportionment 1176 green
fla · 2012
2 sentences

2013Ill, § 20, Fla. Const. In interpreting the identical standards in article III, section 21, 2 during its initial 2012 review of the legislative apportionment plan, this Court explained that the requirement that “[n]o apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent” is “a top priority to which the Legislature must conform during the redistricting process.” Apportionment I, 83 So.3d at 615 .

2013This Court stated that “by its express terms, Florida’s constitutional provision prohibits intent, not effect, and applies to both the apportionment plan as a whole and to each district individually.” Id. at 617 .

12013–2013
Public Health Trust v. Menendez green
fla · 1991
2 sentences

2013Health Trust v. Menendez, 584 So.2d 567 (Fla.1991). 1 The Court explained that the exception clause “clearly provides that the periods of time provided in chapter 95 do not apply if a different period is provided elsewhere in the statutes .... [T]he language of [the clause] is plain: If a different statute prescribes a different time, then the periods of time in chapter 95 have no applicability.” Id. at 569 .

2013Health Trust v. Menendez, 584 So.2d 567 (Fla.1991). 1 The Court explained that the exception clause “clearly provides that the periods of time provided in chapter 95 do not apply if a different period is provided elsewhere in the statutes .... [T]he language of [the clause] is plain: If a different statute prescribes a different time, then the periods of time in chapter 95 have no applicability.” Id. at 569 .

12013–2013
State v. Nelson green
fla · 2010
1 sentence

2011Id. at 574 .

12011–2011
State v. Montgomery green
fla · 2010
1 sentence

2010Id. at 259 . *325 Second-degree murder as a lesser included offense is one step removed from first-degree murder, and manslaughter as a lesser included offense is two steps removed from first-degree murder.

12010–2010
State v. Paul green
fla · 2006
12009–2009
Duckworth v. Eagan green
scotus · 1989
12008–2008
In Re Estate of Baird green
fladistctapp · 1977
12008–2008
Carl Calvin Westover v. United States green
ca9 · 1965
12008–2008
Rukaj v. Fischer, Superintendent, Sing Sing Correctional Facility green
scotus · 2005
12006–2006
Chaplaincy of Full Gospel Churches v. England, Secretary of the Navy green
scotus · 2005
12006–2006
State v. Hamilton green
fla · 1984
12006–2006
Reno v. Flores green
scotus · 1993
12006–2006
Livingston v. State green
fla · 1983
12006–2006
Johnson v. Crosby green
scotus · 2005
12006–2006
MacKenzie v. Super Kids Bargain Store, Inc. green
fla · 1990
12006–2006
BellSouth Telecommunications, Inc. v. Meeks green
fla · 2003
12005–2005
Giles v. State green
fladistctapp · 2002
12004–2004
Bautista v. State green
fla · 2003
12004–2004
Specht v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division green
scotus · 2003
12003–2003
Rogers v. Tarrant County green
scotus · 2003
12003–2003
Barnhill v. State green
fla · 2002
12003–2003
City of Miami v. Kory green
fladistctapp · 1981
12003–2003
Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of Taxation green
scotus · 1992
12000–2000
Miller Brothers Co. v. Maryland green
scotus · 1954
12000–2000
Manhattan General Equipment Co. v. Commissioner of Internal Revenue green
scotus · 1936
11998–1998
Elnora G. POPE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee green
ca7 · 1993
11998–1998
Williams v. State green
fla · 1986
11998–1998

Statutes the citing opinions construe

FL § 921.141 (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.

Where else courts name it

CA 90 (1964–2026) LA 64 (1978–2021) OH 63 (1990–2026) TX 62 (1985–2025) FL 59 (1972–2026) IL 57 (1971–2025) PA 53 (1978–2025) MI 47 (1933–2025) OR 47 (1977–2024) AL 41 (1988–2026) MD 40 (1979–2025) WV 31 (1991–2022) NJ 29 (1963–2026) TN 25 (1984–2025) WA 23 (1986–2026) WI 21 (1903–2025) MS 20 (1973–2026) IN 16 (1972–2025) NC 15 (1980–2023) IA 14 (1973–2024) VA 14 (1991–2025) CT 14 (1999–2023) MO 13 (1976–2022) HI 11 (1996–2025) ND 11 (1994–2025) SC 9 (2004–2015) NY 9 (1949–2025) GA 9 (1985–2026) MA 9 (1990–2024) UT 9 (1988–2025) AZ 8 (1988–2020) KS 7 (1988–2021) OK 6 (1999–2020) AR 6 (1988–2026) KY 6 (2001–2022) RI 6 (1979–2016) NM 6 (1981–2020) VT 6 (1989–2024) MN 5 (1993–2026) CO 5 (1998–2022) WY 5 (1977–2018) ID 4 (1984–2022) NE 4 (1995–2014) ME 3 (2001–2014) AK 3 (1986–1997) DC 3 (2012–2024) SD 3 (2008–2025) MT 2 (1981–2008) NH 2 (1990–2016) VI 2 (2002–2017)

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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