concomitant presumption (Florida) · Go Syfert
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concomitant presumption in Florida

6 Florida opinions name it 2 courts 1985–2026 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 (8)

CaseFollowedCited
Elliott v. Elliottgreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., Williams v. State, 425 So. 2d 1163 , 1164 n.1 (Fla. 5th DCA 1983) (Orfinger, C.J., concurring specially) (“In this writer’s opinion, selective publication would enhance, rather than alleviate, appellate overload problems, because wherever the system is used, there is usually a concomitant requirement that an opinion of some kind be written in every case, even if not for publication.”). 11 See, e.g., Elliott v. Elliott, 648 So. 2d 137, 138 (Fla. 4th DCA 1994) (“[T]he notion that an appellate practitioner would view a per curiam disposition, without opinion, as lacking in a meaningful

11
Williams v. Stategreen
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., Williams v. State, 425 So. 2d 1163 , 1164 n.1 (Fla. 5th DCA 1983) (Orfinger, C.J., concurring specially) (“In this writer’s opinion, selective publication would enhance, rather than alleviate, appellate overload problems, because wherever the system is used, there is usually a concomitant requirement that an opinion of some kind be written in every case, even if not for publication.”). 11 See, e.g., Elliott v. Elliott, 648 So. 2d 137, 138 (Fla. 4th DCA 1994) (“[T]he notion that an appellate practitioner would view a per curiam disposition, without opinion, as lacking in a meaningful

11
State v. Whitegreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Corp., 745 So. 2d 329, 330 (Fla. 4th DCA 1998) (“In cases so lacking in merit as this one, however, a written opinion would serve no useful purpose.

11
Massachusetts Board of Retirement v. Murgiagreen
scotus · 1976 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017Rational basis review is the most deferential to the State, as “a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinctions is peculiarly a legislative task and an unavoidable one.” Mass. Bd. of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562 , 49 L.Ed.2d 520 (1976).

2017Rational basis review is the most deferential to the State, as “a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinctions is peculiarly a legislative task and an unavoidable one.” Mass. Bd. of Retirement v. Murgia, 427 U.S. 307, 314 (1976).

11
NORTH FLA. WOMEN'S HEALTH SERVICES v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017As this Court has clarified, “[e]ach level has a concomitant presumption of validity or invalidity and standard of proof.” N. Fla. Women’s Health & Counseling Servs., Inc. v. State, 866 So.2d 612, 625 (Fla. 2003).

2017As this Court has clarified, “[e]ach level has a concomitant presumption of validity or invalidity and standard of proof.” N. Fla. Women’s Health & Counseling Servs., Inc. v. State, 866 So. 2d 612, 625 (Fla. 2003).

11
Employers Ins. of Wausau v. Abernathygreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995See Employers Insurance of Wausau v. Abernathy, 442 So.2d 953, 954 (Fla. 1983); Smith, 576 So.2d at 817 ; Fred G.

11
Marks v. Delcastillogreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987See Marks v. Delcastillo, 386 So.2d 1259 (Fla. 3d DCA 1980), pet. for review denied, 397 So.2d 778 (Fla. 1981).

11
Parra v. Parragreen
fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 1985–1985
1 sentence

1985While Ms. Sammons invokes the concomitant principle that a court may in directly affect extra-territorial realty by an in personam order, requiring a conveyance or the like, against a party over whom it has personal jurisdiction, see Parra v. Parra, 362 So.2d 380, 381 (Fla. 1st DCA 1978), this rule does not apply here.

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 (3)

CaseCitedYears
Smith v. Greg's Crane Service, Inc. green
fladistctapp · 1991
1 sentence

1995See Employers Insurance of Wausau v. Abernathy, 442 So.2d 953, 954 (Fla. 1983); Smith, 576 So.2d at 817 ; Fred G.

11995–1995
Fla. Bev. Corp. v. Div. of Alcoholic Bev. green
fladistctapp · 1987
1 sentence

1991Florida Beverage Corp. v. Division of Alcoholic Beverage and Tobacco, Department of Business Regulation, 503 So.2d 396 (Fla. 1st DCA), review denied sub nom.

11991–1991
Well-Bilt Products, Inc. v. Liechty green
fladistctapp · 1964
1 sentence

1987Well-Bilt Products, Inc. v. Liechty, 167 So.2d 84 (Fla. 2d DCA 1964). [2] While Goldwich was somewhat contradictory and uncertain, consideration of his testimony is governed by the rule that the record must be viewed in the light most favorable to the verdict winner, and by the concomitant principle that the jury may accept or reject any part of the testimony of a particular witness.

11987–1987

Where else courts name it

CA 21 (1962–2025) NY 13 (1941–2008) TX 11 (1984–2024) PA 10 (2001–2022) CT 8 (1963–2022) TN 7 (1994–2013) FL 6 (1985–2026) IA 6 (2004–2015) NJ 6 (1902–1996) OR 5 (1991–2019) MD 5 (1975–2016) KS 4 (1948–2021) MI 4 (1979–2024) NM 3 (1997–2004) MO 3 (1971–1991) AZ 3 (1972–1984) OH 3 (1983–1990) MT 3 (2010–2014) GA 3 (1993–2014) DC 2 (1982–1989) WA 2 (1975–1989) MA 2 (1996–2024) RI 2 (1981–1983) IL 2 (1954–1969) DE 2 (2016–2021) AL 2 (2004–2005) WY 2 (2004–2006) ME 2 (1965–1988)

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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