characterized claim (Florida) · Go Syfert
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characterized claim in Florida

6 Florida opinions name it 2 courts 1993–2023 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 (2)

CaseFollowedCited
Pizza Hut of America, Inc. v. Millergreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003In a subsequent case, the court characterized the rule another way: that there is no jurisdiction to review such an order unless that order "conclusively and finally determines a party's nonentitlement to such immunity." Pizza Hut of America, Inc. v. Miller, 696 So.2d 340, 341 (Fla.1997).

11
Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rsgreen
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993Thus, although section 380.07(2) provides for an "appeal" of a development order in any area of critical state concern or for any development of regional impact, this term must be interpreted in its "broadest, non-technical sense ... to mean merely an application to a higher authority." Transgulf Pipeline Co. v. Board of County Comm'rs, 438 So.2d 876, 878 (Fla. 1st DCA 1983) (interpreting word "appeals" in section 380.07(3)), review denied, 449 So.2d 264 (Fla. 1984).

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 (6)

CaseCitedYears
Owen v. State green
fla · 2000
1 sentence

2023As a result, Owen asserted that the “record does not affirmatively demonstrate that [he] knowingly, intelligently and voluntarily waived his postconviction proceedings.” Id.

12023–2023
cluster 785769 green
ca4 · 2004
1 sentence

2007Id. at 235 .

12007–2007
Maynard v. Household Finance Corp. III green
fladistctapp · 2003
2 sentences

2004The court considered that the counterclaim was essentially one for recoupment, stating: "A recoupment seeks to diminish or exceed the damages sought by the plaintiff." Id. at 1207 .

2004In Maynard v. Household Finance Corp. III, 861 So.2d 1204 (Fla. 2d DCA 2003), a mortgage foreclosure suit was answered by a counterclaim, which the court characterized as a claim for fraud in the inducement or for breach of contract.

12004–2004
Gregersen v. State green
fladistctapp · 1998
1 sentence

1999Similarly, in Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA), review granted, 728 So.2d 205 (Fla.1998), the Fourth District analyzed a claim asserted in an error coram nobis petition that the petitioner's plea was involuntary because she had not been informed of the possible deportation consequences of an adjudication of guilt.

11999–1999
Nickels v. State green
fla · 1923
1 sentence

1999The court characterized the claim as alleging an error of fact, rather than an error of law, and stated that coram nobis was the appropriate vehicle through which to seek relief with this kind of claim, and cited Nickels v. State, 86 Fla. 208 , 98 So. 502 (1923), as authority for its conclusion.

11999–1999
Kalici v. State neutral
fladistctapp · 1999
1 sentence

1999The court characterized the claim as "traditionally cognizable under coram nobis." Id.

11999–1999

Where else courts name it

CA 8 (1956–2025) IL 8 (1977–2021) WA 7 (1991–2024) PA 6 (1960–2018) VT 6 (1917–2014) MI 6 (1993–2014) FL 6 (1993–2023) TX 5 (1990–2022) NJ 5 (1986–2025) OH 4 (1976–2025) MD 4 (1964–2008) IA 4 (1990–2020) CO 3 (2006–2025) WI 3 (1981–2005) OK 2 (1999–2011) MO 2 (1983–1993) OR 2 (2001–2020) MA 2 (2004–2015) LA 2 (1995–1999) VA 2 (2006–2006) TN 2 (2006–2018)

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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