contention error (Florida) · Go Syfert
← Florida issues

contention error in Florida

50 Florida opinions name it 2 courts 1939–2018 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 (31)

CaseFollowedCited
JS v. Stategreen
fladistctapp · 1998 · cited in 2 Florida opinions naming this issue, 2001–2001
2 sentences

2001See J.S. v. State, 717 So.2d 175 (Fla. 4th DCA 1998).

2001See J.S. v. State, 717 So.2d 175 (Fla. 4th DCA 1998).

22
Mordica v. Stategreen
fladistctapp · 1993 · cited in 2 Florida opinions naming this issue, 2017–2018
2 sentences

2018Also, in Mordica v. State, 618 So.2d 301 , 303 (Fla. 1st DCA 1993), the First District rejected the contention that the doctrine of transferred intent is applicable only where the defendant entirely misses the intended victim and hits the unintended victim.

2017Also, in Mordica v. State, 618 So.2d 301, 303 (Fla. 1st DCA 1993), the First District rejected the contention that the doctrine of transferred intent is applicable only where the defendant entirely misses the intended victim and hits the unintended victim.

12
United States v. Derrick Myran Frankson, (Two Cases)green
ca4 · 1996 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007Rejecting the contention that the warnings were insufficient "for not specifically mentioning that the right to an attorney applies both `prior to interrogation' and `during the interrogation,'" the court held that the warnings "communicated to [the defendant] that his right to an attorney began immediately and continued forward in time without qualification." Id. at 82.

2007Rejecting the contention that the warnings were insufficient “for not specifically mentioning that the right to an attorney applies both ‘prior to interrogation’ and ‘during the interrogation,’ ” the court held that the warnings “communicated to [the defendant] that his right to an attorney began immediately and continued forward in time without qualification.” Id. at 82 .

12
State v. Greengreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Id. at 1006 (“[T]he justification to conduct such a warrantless search does not vanish once the car has been immobilized.” (quoting Michigan v. Thomas, 458 U.S. 259, 261 , 102 S.Ct. 3079 , 73 L.Ed.2d 750 (1982))).

11
Wilkerson v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Wilkerson v. State, 128 So.3d 189, 189-90 (Fla. 5th DCA 2013) (citations omitted).

11
Pearson v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Pearson v. State, 867 So.2d 517, 519 (Fla. 1st DCA 2004); Weitz v. State, 795 So.2d 1021, 1022 (Fla. 2d DCA 2001); Hubbard v. State, 662 So.2d 746 (Fla. 1st DCA 1995).

11
Weitz v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Pearson v. State, 867 So.2d 517, 519 (Fla. 1st DCA 2004); Weitz v. State, 795 So.2d 1021, 1022 (Fla. 2d DCA 2001); Hubbard v. State, 662 So.2d 746 (Fla. 1st DCA 1995).

11
Trucap Grantor Trust 2010-1 v. Peltgreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Trucap Grantor Trust 2010-1 v. Pelt, 84 So.3d 369 (Fla. 2d DCA 2012).

11
Steinhorst v. Stategreen
fla · 1982 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010To be preserved for appellate review, “an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.” Tillman v. State, 471 So.2d 32, 35 (Fla.1985); see also Steinhorst v. State, 412 So.2d 332, 338 (Fla.1982).

11
Tillman v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010To be preserved for appellate review, “an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.” Tillman v. State, 471 So.2d 32, 35 (Fla.1985); see also Steinhorst v. State, 412 So.2d 332, 338 (Fla.1982).

11
Florida v. JLgreen
scotus · 2000 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See id. at 272, 120 S.Ct. 1375 .

11
Ash v. Reillygreen
dcd · 2007 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Davis, 562 So.2d at 433 . [3] Like the Abd-Rahmaan court, we too have found only the one federal district court case of Ash v. Reilly, 354 F.Supp.2d 1 (D.D.C. 2004), holding that Crawford is applicable in revocation proceedings.

11
Amendments to the Florida Evidence Codegreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See generally Amendments to the Florida Evidence Code, 891 So.2d 1037 (Fla. 2004). [2] We reject the latter contention because the rule argued by appellant applies only to inadmissible hearsay.

11
Davis v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Davis, 562 So.2d at 433 . [3] Like the Abd-Rahmaan court, we too have found only the one federal district court case of Ash v. Reilly, 354 F.Supp.2d 1 (D.D.C. 2004), holding that Crawford is applicable in revocation proceedings.

11
Olive v. Maasgreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See id. at 648 .

11
Davis v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Kearse v. State, 770 So.2d 1119, 1126-27 (Fla.2000) (rejecting the contention that rule 3.202 violates a defendant's due process rights by creating a one-way discovery obligation); see also Buchanan v. Kentucky, 483 U.S. 402, 423-24 , 107 S.Ct. 2906 , 97 L.Ed.2d 336 (1987) (holding that subjecting the defendant to the State's mental health examination for the purpose of rebutting the defendant's alleged emotional disturbance did not violate the Fifth Amendment); Davis v. State, 698 So.2d 1182, 1191 (Fla.1997) (rejecting the contention that requiring a defendant to submit to an examination

11
Dillbeck v. Stategreen
fla · 1994 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Kearse v. State, 770 So.2d 1119, 1126-27 (Fla.2000) (rejecting the contention that rule 3.202 violates a defendant's due process rights by creating a one-way discovery obligation); see also Buchanan v. Kentucky, 483 U.S. 402, 423-24 , 107 S.Ct. 2906 , 97 L.Ed.2d 336 (1987) (holding that subjecting the defendant to the State's mental health examination for the purpose of rebutting the defendant's alleged emotional disturbance did not violate the Fifth Amendment); Davis v. State, 698 So.2d 1182, 1191 (Fla.1997) (rejecting the contention that requiring a defendant to submit to an examination

11
Kearse v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Kearse v. State, 770 So.2d 1119, 1126-27 (Fla.2000) (rejecting the contention that rule 3.202 violates a defendant's due process rights by creating a one-way discovery obligation); see also Buchanan v. Kentucky, 483 U.S. 402, 423-24 , 107 S.Ct. 2906 , 97 L.Ed.2d 336 (1987) (holding that subjecting the defendant to the State's mental health examination for the purpose of rebutting the defendant's alleged emotional disturbance did not violate the Fifth Amendment); Davis v. State, 698 So.2d 1182, 1191 (Fla.1997) (rejecting the contention that requiring a defendant to submit to an examination

11
Buchanan v. Kentuckygreen
scotus · 1987 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002See Kearse v. State, 770 So.2d 1119, 1126-27 (Fla.2000) (rejecting the contention that rule 3.202 violates a defendant's due process rights by creating a one-way discovery obligation); see also Buchanan v. Kentucky, 483 U.S. 402, 423-24 , 107 S.Ct. 2906 , 97 L.Ed.2d 336 (1987) (holding that subjecting the defendant to the State's mental health examination for the purpose of rebutting the defendant's alleged emotional disturbance did not violate the Fifth Amendment); Davis v. State, 698 So.2d 1182, 1191 (Fla.1997) (rejecting the contention that requiring a defendant to submit to an examination

2002See Kearse v. State, 770 So.2d 1119, 1126-27 (Fla.2000) (rejecting the contention that rule 3.202 violates a defendant's due process rights by creating a one-way discovery obligation); see also Buchanan v. Kentucky, 483 U.S. 402, 423-24 , 107 S.Ct. 2906 , 97 L.Ed.2d 336 (1987) (holding that subjecting the defendant to the State's mental health examination for the purpose of rebutting the defendant's alleged emotional disturbance did not violate the Fifth Amendment); Davis v. State, 698 So.2d 1182, 1191 (Fla.1997) (rejecting the contention that requiring a defendant to submit to an examination

11
Vargas v. Glades General Hosp.green
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1995–1995
11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1994–1994
11
The Florida Bar v. Vernellgreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 1988–1988
11
In Re Estate of Hopkinsgreen
fladistctapp · 1977 · cited in 1 Florida opinions naming this issue, 1987–1987
11
City of Tallahassee v. Manngreen
fla · 1981 · cited in 1 Florida opinions naming this issue, 1985–1985
11
GULF OFFSHORE CO., ETC. v. Mobil Oil Corp.green
texapp · 1982 · cited in 1 Florida opinions naming this issue, 1985–1985
11
CPC International, Inc. v. Goldberggreen
scotus · 1982 · cited in 1 Florida opinions naming this issue, 1985–1985
11
LaBar Enterprises, Inc. v. United Statesgreen
scotus · 1982 · cited in 1 Florida opinions naming this issue, 1985–1985
11
Gulf Offshore Co. v. Mobil Oil Corp.green
scotus · 1981 · cited in 1 Florida opinions naming this issue, 1985–1985
11
Yukon Equipment, Inc. v. Gordongreen
alaska · 1983 · cited in 1 Florida opinions naming this issue, 1985–1985
11
Hedges v. Stategreen
fla · 1965 · cited in 1 Florida opinions naming this issue, 1982–1982
11
Shriner v. Stategreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 1981–1981
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 (47)

CaseCitedYears
Adams v. State green
fla · 1982
2 sentences

1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982).

1990Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 , 103 S.Ct. 182 , 74 L.Ed.2d 148 (1982).

21990–1991
Tison v. Arizona green
scotus · 1982
2 sentences

1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982).

1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982).

21990–1991
Engle v. Liggett Group, Inc. green
fla · 2006
1 sentence

2017The plaintiff responded to the summary judgment motion with the contention that the claim was not time barred because (1) Cavalier’s unasserted personal injury claim had not expired at the time of his death in July 1993, giving his survivors 2 years to bring a wrongful death claim; (2) the original Engle lawsuit was filed within the 2-year period that Cavalier’s survivors could have brought a wrongful death claim, thereby tolling the wrongful death statute of limitations; (3) as a survivor with .a wrongful death claim, plaintiff was a member of the Engle class, which included “[a]ll [Florida]

12017–2017
Michigan v. Thomas green
scotus · 1982
2 sentences

2016Id. at 1006 (“[T]he justification to conduct such a warrantless search does not vanish once the car has been immobilized.” (quoting Michigan v. Thomas, 458 U.S. 259, 261 , 102 S.Ct. 3079 , 73 L.Ed.2d 750 (1982))).

2016Id. at 1006 (“[T]he justification to conduct such a warrantless search does not vanish once the car has been immobilized.” (quoting Michigan v. Thomas, 458 U.S. 259, 261 , 102 S.Ct. 3079 , 73 L.Ed.2d 750 (1982))).

12016–2016
Montgomery v. State green
fladistctapp · 2009
1 sentence

2014As for Ground 11, in which Appellant claimed that, pursuant to Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), the trial court committed fundamental error during his trial by giving an erroneous manslaughter by act jury instruction, we agree with the State’s contention that the claim was untimely and that none of the exceptions to the two-year time limitation in rule 3.850 are applicable to this claim.

12014–2014
Hubbard v. State green
fladistctapp · 1995
1 sentence

2013See Pearson v. State, 867 So.2d 517, 519 (Fla. 1st DCA 2004); Weitz v. State, 795 So.2d 1021, 1022 (Fla. 2d DCA 2001); Hubbard v. State, 662 So.2d 746 (Fla. 1st DCA 1995).

12013–2013
Roviaro v. United States green
scotus · 1957
2 sentences

2012Both Roviaro v. United States, 353 U.S. 53, 59 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957), and Florida Rule of Criminal Procedure 3.220(g)(2), involve the issue of the “Government’s privilege to withhold from disclosure” to criminal defendants “the identity of persons who furnish information of violations of law to officers.” Neither Ro-viaro nor rule 3.220(g)(2) involves a disclosure from one law enforcement agency to another pursuant to an investigative subpoena.

2012Both Roviaro v. United States, 353 U.S. 53, 59 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957), and Florida Rule of Criminal Procedure 3.220(g)(2), involve the issue of the “Government’s privilege to withhold from disclosure” to criminal defendants “the identity of persons who furnish information of violations of law to officers.” Neither Ro-viaro nor rule 3.220(g)(2) involves a disclosure from one law enforcement agency to another pursuant to an investigative subpoena.

12012–2012
Ventura v. State green
fla · 2010
1 sentence

2010Ventura v. State, 29 So.3d 1086 (Fla.2010).

12010–2010
Sternberg v. Sternberg green
fla · 1939
2 sentences

2008While this was indeed the law expressed in Sternberg v. Sternberg, 139 Fla. 219 , 190 So. 486 (1939), that rule did not survive the enactment of the "new" rules of civil procedure more than fifty years ago.

2008While this was indeed the law expressed in Sternberg v. Sternberg, 139 Fla. 219 , 190 So. 486 (1939), that rule did not survive the enactment of the "new" rules of civil procedure more than fifty years ago.

12008–2008
Delgado v. State green
fladistctapp · 1990
1 sentence

2006In Delgado v. State, 573 So.2d 83 (Fla. 2nd DCA 1990), the Second District concluded the trial judge in a murder case had erred in admitting testimony from the defendant's girlfriend that the defendant used drugs and boasted that he had killed ten men.

12006–2006
Thomas v. State green
fla · 2003
1 sentence

2005Thomas v. State, 838 So.2d 535 (Fla.2003), concerned a defendant who, when pleading guilty to murdering his mother, agreed to waive his right to appeal the guilt phase issues in a separate case involving the murder of his wife.

12005–2005
Whitton v. State green
fla · 1994
11997–1997
Snow v. Nelson green
fladistctapp · 1984
11992–1992
Lafferty v. Tennant green
fladistctapp · 1988
11989–1989
Fulton v. State green
fla · 1976
11988–1988
Saborit v. Deliford green
fladistctapp · 1975
11987–1987
DIAZ BY RIVAS v. Sears, Roebuck & Co. green
fladistctapp · 1985
11985–1985
Griffin v. General Motors Corp. green
mass · 1980
11985–1985
Irwin v. Pacific Southwest Airlines green
calctapp · 1982
11985–1985
Polk County v. Florida Public Service Com'n green
fla · 1984
11985–1985
White Const. Co., Inc. v. Dupont green
fla · 1984
11985–1985
Darty v. State green
fladistctapp · 1964
11984–1984
Williams v. State green
fla · 1959
11984–1984
Wilcox v. State green
fla · 1979
11984–1984
Witherspoon v. Illinois green
scotus · 1968
11984–1984
Darty v. State green
fla · 1964
11984–1984
White v. Illinois green
scotus · 1959
11984–1984
Vivona v. Conboy green
scotus · 1959
11984–1984
Drake v. State green
fla · 1981
11984–1984
Petition of Post-Newsweek Stations, Florida, Inc. green
fla · 1979
11982–1982
Chandler v. Florida green
scotus · 1981
11982–1982
Bagley v. State green
fladistctapp · 1960
11971–1971
Carlton v. State green
fla · 1933
11970–1970
Baugus v. State green
fla · 1962
11970–1970
Paris v. Barfield neutral
fla · 1948
11966–1966
Beverly Beach Properties v. Nelson green
fla · 1953
11965–1965
Hendrick v. Strazzulla green
fladistctapp · 1964
11965–1965
Grubbs v. McShane neutral
fla · 1940
11965–1965
Foster v. Thornton green
fla · 1936
11965–1965
Hine v. Fox green
fla · 1956
11965–1965

Statutes the citing opinions construe

FL § 90.403 (5) FL § 90.404 (5) FL § 921.141 (4)

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

NY 382 (1889–2026) CA 237 (1910–2026) IL 125 (1891–2026) TX 105 (1908–2025) MO 96 (1909–2025) GA 78 (1916–2026) FL 50 (1939–2018) MD 42 (1919–2022) AL 42 (1915–2025) LA 38 (1933–2015) PA 38 (1903–2021) CO 35 (1924–2026) IN 34 (1920–2018) OR 32 (1909–2024) NJ 30 (1907–2025) KS 28 (1891–2011) OK 28 (1903–2012) MI 28 (1909–2026) UT 25 (1915–2018) WA 24 (1909–2017) WI 24 (1892–2024) KY 23 (1917–2022) IA 22 (1905–2020) MA 22 (1938–2020) CT 20 (1926–2026) TN 18 (1923–2021) VA 16 (1911–2020) NM 15 (1955–2023) MS 15 (1902–2016) RI 14 (1897–2021) NE 14 (1896–2020) WV 14 (1893–2017) WY 13 (1926–2015) ID 12 (1917–2011) NC 12 (1889–2021) AZ 11 (1931–1997) HI 11 (1897–2023) DC 11 (1971–2024) AR 11 (1916–2014) OH 9 (1965–2018) SC 9 (1921–2017) ME 8 (1969–2025) MT 8 (1919–2011) ND 8 (1910–1988) DE 7 (1935–1992) VT 7 (1909–2021) NV 7 (1937–2022) MN 5 (1906–1998) NH 4 (1992–2019) AK 4 (1893–2013) SD 3 (1905–1928)

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.

← Caselaw search · G Cite Topics · Brief Check