adverse precedential effect error (Florida) · Go Syfert
← Florida issues

adverse precedential effect error in Florida

6 Florida opinions name it 1 courts 2009–2022 1 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 (3)

CaseFollowedCited
Department of Highway Safety & Motor Vehicles v. Hofergreen
fladistctapp · 2009 · cited in 5 Florida opinions naming this issue, 2013–2022
2 sentences

2022Additionally, “[a]n important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So. 3d 766, 772 (Fla. 2d DCA 2009) (citing Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 3d 141 , 145 (Fla. 2d 2002)).

2015We agree with Judge Lagoa’s opinion in Dep’t of Highway Safety & Motor Vehicles v. Fernandez, 114 So.3d 266, 272 (Fla. 3d DCA 2013), when she wrote: “An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So.3d 766, 772 (Fla. 2d DCA 2009); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 145 (Fla. 2d DCA 2002).

55
DHSMV v. Allistongreen
fladistctapp · 2002 · cited in 5 Florida opinions naming this issue, 2009–2015
2 sentences

2015We agree with Judge Lagoa’s opinion in Dep’t of Highway Safety & Motor Vehicles v. Fernandez, 114 So. 3d 266, 272 (Fla. 3d DCA 2013), when she wrote: “An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So. 3d 766, 772 (Fla. 2d DCA 2009); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002).

2015We agree with Judge Lagoa’s opinion in Dep’t of Highway Safety & Motor Vehicles v. Fernandez, 114 So.3d 266, 272 (Fla. 3d DCA 2013), when she wrote: “An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So.3d 766, 772 (Fla. 2d DCA 2009); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 145 (Fla. 2d DCA 2002).

45
State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews v. Fernandezgreen
fladistctapp · 2013 · cited in 3 Florida opinions naming this issue, 2014–2015
2 sentences

2015We agree with Judge Lagoa’s opinion in Dep’t of Highway Safety & Motor Vehicles v. Fernandez, 114 So. 3d 266, 272 (Fla. 3d DCA 2013), when she wrote: “An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So. 3d 766, 772 (Fla. 2d DCA 2009); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002).

2015We agree with Judge Lagoa’s opinion in Dep’t of Highway Safety & Motor Vehicles v. Fernandez, 114 So.3d 266, 272 (Fla. 3d DCA 2013), when she wrote: “An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.” Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So.3d 766, 772 (Fla. 2d DCA 2009); see also Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So.2d 141, 145 (Fla. 2d DCA 2002).

13

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 (1)

CaseCitedYears
Nader v. Florida Department of Highway Safety & Motor Vehicles green
fla · 2012
2 sentences

2014Because the Appellate Division failed to apply the correct law, we find that the Appellate Division departed from the essential requirements of law resulting in “a miscarriage of justice ‘sufficiently egregious’ to merit cer-tiorari review.” Fernandez, 114 So.3d at 272 (quoting Nader, 87 So.3d at 723 ). “ ‘An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.’ ” Id. (quoting Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So.3d 766, 772 (Fla. 2d D

2014Because the Appellate Division failed to apply the correct law, we find that the Appellate Division departed from the essential requirements of law resulting in “a miscarriage of justice ‘sufficiently egregious’ to merit cer-tiorari review.” Fernandez, 114 So.3d at 272 (quoting Nader, 87 So.3d at 723 ). “ ‘An important factor to consider when determining whether the circuit court’s error amounts to a ‘miscarriage of justice’ is the adverse precedential effect the error might have on subsequent cases.’ ” Id. (quoting Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So.3d 766, 772 (Fla. 2d D

22014–2014

Statutes the citing opinions construe

FL § 322.2615 (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.

← Caselaw search · G Cite Topics · Brief Check