condemnation clause (Florida) · Go Syfert
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condemnation clause in Florida

6 Florida opinions name it 2 courts 1936–1999 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 (4)

CaseFollowedCited
Elmore v. Broward Countygreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Compare Trump Enter., Inc. v. Publix Supermarkets, Inc., 682 So.2d 168 (Fla. 4th DCA 1996)(in absence of condemnation clause in lease agreement lessee entitled to apportionment of condemnation proceeds); Elmore v. Broward County, 507 So.2d 1220, 1222 (Fla. 4th DCA 1987)("If a landlord intends that no part of a condemnation award be distributed to his tenant, his lease should specifically provide that there is to be no apportionment.").

11
Trump Enterprises, Inc. v. Publix Supermarkets, Inc.green
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Compare Trump Enter., Inc. v. Publix Supermarkets, Inc., 682 So.2d 168 (Fla. 4th DCA 1996)(in absence of condemnation clause in lease agreement lessee entitled to apportionment of condemnation proceeds); Elmore v. Broward County, 507 So.2d 1220, 1222 (Fla. 4th DCA 1987)("If a landlord intends that no part of a condemnation award be distributed to his tenant, his lease should specifically provide that there is to be no apportionment.").

11
Florida State Turnpike Authority v. Anhoco Corp.green
fladistctapp · 1958 · cited in 1 Florida opinions naming this issue, 1961–1961
1 sentence

1961See, also, Florida State Turnpike Authority v. Anhoco Corp., Fla.App. 1958, 107 So.2d 51 .

11
Smith v. Cahoongreen
scotus · 1931 · cited in 1 Florida opinions naming this issue, 1947–1947
1 sentence

1947See also Smith v. Cahoon 283 U.S. 553 , 75 L. ed. 1264. *742 By the terms of this act every officer, agent or employee of the Federal Government, of the State and the political subdivisions of the State, is required to determine at his peril what specific acts are authorized by law and what are not authorized by law.

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
Malinski v. New York green
scotus · 1945
2 sentences

1999Simply put, the selling of imitation cocaine instead of real cocaine neither shocks the conscience of this court nor does it “offend those canons of decency and fairness which express the notions of justice.” Malinski v. New York, 324 U.S. 401, 417 , 65 S.Ct. 781 , 89 L.Ed. 1029 (1945).

1999Simply put, the selling of imitation cocaine instead of real cocaine neither shocks the conscience of this court nor does it “offend those canons of decency and fairness which express the notions of justice.” Malinski v. New York, 324 U.S. 401, 417 , 65 S.Ct. 781 , 89 L.Ed. 1029 (1945).

11999–1999
Palm Pavilion of Clearwater v. Thompson neutral
fladistctapp · 1984
1 sentence

1990The terms of the lease, failing to so provide, leads us to approve of and adopt the Second District’s reasoning in Palm Pavilion of Clearwater, Inc. v. Thompson, 458 So.2d 893 (Fla.2d DCA 1984), rev. denied, 464 So.2d 555 (Fla. 1985) 1 , wherein it was said: The term “property” in the agreement was not restricted or narrowed by qualifying words, such as, “the landlord’s interest in the property” or “the fee as burdened by the lease.” We feel that to construe the agreement as though it contained such restrictive or narrowed language would amount to a judicial rewriting of the agreement which it

11990–1990
Casto v. Casto green
fla · 1987
1 sentence

1990Fotomat Corporation of Florida v. Chanda, 464 So.2d 626 (Fla. 5th DCA 1985); Casto v. Casto, 508 So.2d 330 (Fla.1987).

11990–1990
Fotomat Corp. of Fla. v. Chanda green
fladistctapp · 1985
1 sentence

1990Fotomat Corporation of Florida v. Chanda, 464 So.2d 626 (Fla. 5th DCA 1985); Casto v. Casto, 508 So.2d 330 (Fla.1987).

11990–1990
State Ex Rel. Davis v. Fowler green
fla · 1927
2 sentences

1936Davis, v. Fowler, 94 Fla. 752 , 114 So. 435 .

1936Davis, v. Fowler, 94 Fla. 752 , 114 So. 435 .

11936–1936

Where else courts name it

TX 35 (1913–2025) NC 21 (1928–2024) MO 12 (1903–2025) NY 10 (1898–2007) WI 10 (1906–2009) MN 9 (1920–2018) PA 8 (1931–2025) MS 7 (1901–2018) FL 6 (1936–1999) IL 6 (1885–2025) GA 5 (1981–2013) AL 5 (1909–2007) CT 5 (1988–2017) CA 5 (1930–1996) NJ 4 (1908–2011) WA 4 (1996–2013) IA 4 (1964–2015) MT 4 (2001–2022) AZ 4 (1973–2023) CO 3 (1990–1999) WV 3 (1907–1923) OK 3 (1930–2020) MI 3 (1971–2022) MD 3 (1963–2005) AR 3 (1921–1988) IN 3 (1910–1980) UT 3 (1979–2020) HI 3 (1980–2024) ND 2 (1934–1991) KS 2 (1997–2006) OR 2 (1961–1981) VA 2 (1922–1923)

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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