cannot challenge (Florida) · Go Syfert
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cannot challenge in Florida

6 Florida opinions name it 2 courts 1966–2016 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 (5)

CaseFollowedCited
Kapila v. Atlantic Mortgage & Investment Corp.green
ca11 · 1999 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016In reaching this conclusion, the Second District relied on Kapila v. Atlantic Mortgage & Investments Corp. (In re Halabi), 184 F.3d 1335 (11th Cir.1999), which held that section “701.02’s recording requirement is applicable only to (and enforceable by) competing creditors or subsequent bona fide purchasers of the mortgagee, not by the mortgagor.” Id. at 1338 (emphasis added in JP Morgan).

2016In reaching this conclusion, the Second District relied on Kapila v. Atlantic Mortgage & Investments Corp. (In re Halabi), 184 F.3d 1335 (11th Cir.1999), which held that section “701.02’s recording requirement is applicable only to (and enforceable by) competing creditors or subsequent bona fide purchasers of the mortgagee, not by the mortgagor.” Id. at 1338 (emphasis added in JP Morgan).

11
Minnesota v. Cartergreen
scotus · 1999 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

11
United States v. Antoine Johnsongreen
ca7 · 2004 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

11
Rawlings v. Kentuckygreen
scotus · 1980 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

11
Bolick v. Sperrygreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 1966–1966
1 sentence

1966See Bolick v. Sperry, Fla., 88 So.2d 495 , and cases therein cited.

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 (5)

CaseCitedYears
JP Morgan Chase v. New Millennial, LC green
fladistctapp · 2009
1 sentence

2015As illustration, the court used the following example: “[I]f the original mortgagee assigns the mortgage to Entity A and Entity A fails to record that assignment, Entity A cannot claim priority over a latter assignee of the same mortgage (Entity B).” Id.

12015–2015
Thomas v. State green
fladistctapp · 1992
1 sentence

2006A defendant in strikingly similar circumstances to Appellant's situation asserted standing in Thomas v. State, 596 So.2d 518 (Fla. 5th DCA 1992).

12006–2006
Rakas v. Illinois green
scotus · 1979
2 sentences

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

2006In Rakas, 439 U.S. at 134 , 99 S.Ct. 421 , the United States Supreme Court stated that "[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's . . . property has not had any of his Fourth Amendment rights infringed." The High Court in Rawlings noted that after Rakas , the essential question to be resolved in determining whether *428 a defendant has standing to challenge an alleged unreasonable seizure and search is "whether governmental officials violated any legitimate expectation of privacy held

12006–2006
Prangler v. State green
fladistctapp · 1985
1 sentence

1986In Prangler v. State, 470 So.2d 105 (Fla. 2d DCA 1985), the defendant appealed from the trial court's denial of his motion to correct an illegal sentence.

11986–1986
Chapman v. California red
scotus · 1967
2 sentences

1983Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

1983Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

11983–1983

Where else courts name it

TX 17 (1920–2026) NY 15 (1836–2024) IL 15 (1972–2024) CA 14 (1919–2025) MO 13 (1936–2021) AL 8 (1976–2010) NC 6 (1913–2018) GA 6 (1979–2006) DE 6 (2015–2021) TN 6 (1999–2026) LA 6 (1957–2022) MS 6 (1995–2016) FL 6 (1966–2016) PA 5 (1926–2019) CT 5 (1992–2017) UT 5 (1983–2004) MD 5 (1953–1978) WA 4 (1968–2021) ID 4 (1922–1985) NJ 4 (1970–2024) ME 4 (2008–2018) OK 4 (1923–2020) OH 4 (2007–2026) OR 3 (1963–2025) IN 3 (2013–2014) AR 2 (1962–2012)

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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