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.
| Case | Followed | Cited |
|---|---|---|
Herald v. Hardingreen2 sentences2003Section 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 "the surrender and consent may be withdrawn ...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 "the surrender and consent may be withdrawn ...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 | 2 | 2 |
Cloud v. Fallisgreen2 sentences2001As 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). | 2 | 2 |
Castlewood International Corporation v. LaFleurgreen2 sentences2001As 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). | 2 | 2 |
In Re Washington's Estategreen1 sentence2026The 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. | 1 | 1 |
Rodney L. Long Jr. v. State of Floridagreen1 sentence2017Padilla 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. | 1 | 1 |
Zack v. Stategreen2 sentences2017See, 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). | 1 | 1 |
Jordan v. Kelsongreen1 sentence2013Confusion 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 | 1 | 1 |
Susco Car Rental System of Florida v. Leonardgreen1 sentence2013Confusion 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 | 1 | 1 |
Engle v. Liggett Group, Inc.green1 sentence2013Engle, 945 So.2d at 1259, 1267, 1269 (citation omitted). | 1 | 1 |
Gulle v. Boggsgreen1 sentence2012Subsequent 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 | 1 | 1 |
Clampitt v. DJ Spencer Salesgreen1 sentence2012Spencer Sales, 786 So.2d 570, 572-73 (Fla.2001) (same). | 1 | 1 |
Eppler v. Tarmac America, Inc.green1 sentence2012Subsequent 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 | 1 | 1 |
State v. DiGuiliogreen2 sentences2011DiGuilio, 491 So.2d at 1135 (citation omitted). 2011DiGuilio, 491 So.2d at 1135 (citation omitted). | 1 | 1 |
| Gary James Eagan v. Jack R. Duckworth, Wardengreen | 1 | 1 |
| Stewart v. Stategreen | 1 | 1 |
| Sherri Williams v. Attorney General of Alabamagreen | 1 | 1 |
| Correll v. Stategreen | 1 | 1 |
| Array v. Alberigigreen | 1 | 1 |
| Washington v. Glucksberggreen | 1 | 1 |
| SLT Warehouse Company v. Webbgreen | 1 | 1 |
| State v. Gainesgreen | 1 | 1 |
| Haag v. Stategreen | 1 | 1 |
| State v. Bolyeagreen | 1 | 1 |
| McMillian v. Stategreen | 1 | 1 |
| KC v. Adoption Services, Inc.green | 1 | 1 |
| Williamson County Regional Planning Commission v. Hamilton Bank of Johnson Cityred | 1 | 1 |
| Suarez-Burgos v. Morhaimgreen | 1 | 1 |
| Lightsey v. Williamsgreen | 1 | 1 |
| Smith v. Taylor County Publishing Co., Inc.green | 1 | 1 |
| Meulners v. Hawkesgreen | 1 | 1 |
| Jones v. Stategreen | 1 | 1 |
| Cammarano v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Graham v. Florida
green
2 sentences2015The 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 . | 2 | 2015–2015 |
Peoples Gas System, Inc. v. Mason
green
2 sentences1996This 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. | 2 | 1996–1996 |
Landreth Timber Co. v. Landreth
green
2 sentences2025In 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 . | 1 | 2025–2025 |
Boyd v. Becker
green
1 sentence2022In 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. | 1 | 2022–2022 |
Khianthalat v. State
green
1 sentence2019Id. at 361 . | 1 | 2019–2019 |
Ross v. State
green
2 sentences2017This 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 . | 1 | 2017–2017 |
Randy W. Tundidor v. State of Florida
green
2 sentences2017Id. at 599 , 2017 WL 1506854 at *7 . 2017Id. at 599 , 2017 WL 1506854 at *7 . | 1 | 2017–2017 |
Carratelli v. State
green
2 sentences2017Id. at 317-18 . 2017Id. at 317-18 . | 1 | 2017–2017 |
Oklahoma Tax Commission v. Jefferson Lines, Inc.
red
2 sentences2016As 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 . | 1 | 2016–2016 |
Paine v. Consumers' Forwarding & Storage Co.
green
1 sentence2015To 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. | 1 | 2015–2015 |
Henry v. State
green
1 sentence2015In 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. | 1 | 2015–2015 |
Meister v. Fisher
green
1 sentence2013Confusion 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 | 1 | 2013–2013 |
Jackson v. State
green
1 sentence2013In 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. | 1 | 2013–2013 |
In re Senate Joint Resolution of Legislative Apportionment 1176
green
2 sentences2013Ill, § 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 . | 1 | 2013–2013 |
Public Health Trust v. Menendez
green
2 sentences2013Health 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 . | 1 | 2013–2013 |
State v. Nelson
green
1 sentence2011Id. at 574 . | 1 | 2011–2011 |
State v. Montgomery
green
1 sentence2010Id. 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. | 1 | 2010–2010 |
| State v. Paul green | 1 | 2009–2009 |
| Duckworth v. Eagan green | 1 | 2008–2008 |
| In Re Estate of Baird green | 1 | 2008–2008 |
| Carl Calvin Westover v. United States green | 1 | 2008–2008 |
| Rukaj v. Fischer, Superintendent, Sing Sing Correctional Facility green | 1 | 2006–2006 |
| Chaplaincy of Full Gospel Churches v. England, Secretary of the Navy green | 1 | 2006–2006 |
| State v. Hamilton green | 1 | 2006–2006 |
| Reno v. Flores green | 1 | 2006–2006 |
| Livingston v. State green | 1 | 2006–2006 |
| Johnson v. Crosby green | 1 | 2006–2006 |
| MacKenzie v. Super Kids Bargain Store, Inc. green | 1 | 2006–2006 |
| BellSouth Telecommunications, Inc. v. Meeks green | 1 | 2005–2005 |
| Giles v. State green | 1 | 2004–2004 |
| Bautista v. State green | 1 | 2004–2004 |
| Specht v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division green | 1 | 2003–2003 |
| Rogers v. Tarrant County green | 1 | 2003–2003 |
| Barnhill v. State green | 1 | 2003–2003 |
| City of Miami v. Kory green | 1 | 2003–2003 |
| Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of Taxation green | 1 | 2000–2000 |
| Miller Brothers Co. v. Maryland green | 1 | 2000–2000 |
| Manhattan General Equipment Co. v. Commissioner of Internal Revenue green | 1 | 1998–1998 |
| Elnora G. POPE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee green | 1 | 1998–1998 |
| Williams v. State green | 1 | 1998–1998 |
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.
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.