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6 Florida opinions name it 2 courts 1980–2007 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.
| Case | Followed | Cited |
|---|---|---|
Harbison v. Littlegreen1 sentence2007Inherent in this formulation is the requirement that the risk must be substantial."). [12] Harbison v. Little, 511 F.Supp.2d 872, 881 (M.D.Tenn.2007) (holding that in determining the objective component, the court looked to whether there was "a foreseeable risk of . . . gratuitous and unnecessary pain"). [13] See Taylor, 487 F.3d at 1080 (emphasizing that the proper focus is not the risk of accident, but "whether the written protocol inherently imposes a constitutionally significant risk of pain"); Nooner v. Norris, No. 5:06CV00110SWW, 2007 WL 2710094 , at *7 (E.D.Ark. | 1 | 1 |
Taylor v. Crawfordgreen1 sentence2007Inherent in this formulation is the requirement that the risk must be substantial."). [12] Harbison v. Little, 511 F.Supp.2d 872, 881 (M.D.Tenn.2007) (holding that in determining the objective component, the court looked to whether there was "a foreseeable risk of . . . gratuitous and unnecessary pain"). [13] See Taylor, 487 F.3d at 1080 (emphasizing that the proper focus is not the risk of accident, but "whether the written protocol inherently imposes a constitutionally significant risk of pain"); Nooner v. Norris, No. 5:06CV00110SWW, 2007 WL 2710094 , at *7 (E.D.Ark. | 1 | 1 |
Gordon v. Gordongreen1 sentence1992These statements reflect the policy considerations which led to the formulation of the doctrine of res judicata, recognizing "that in the interest of the State every justiciable controversy should be settled in one action in order that the courts and the parties will not be pothered for the same cause by interminable litigation." Gordon v. Gordon, 59 So.2d 40, 44 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 1 |
State v. Matneygreen1 sentence1988State v. Hassberger, 350 So.2d 1, 2 (Fla. 1977); Treverrow v. State, 194 So.2d 250, 252 (Fla. 1967); State v. Matney, 236 So.2d 166, 169 (Fla. 1st DCA 1970); Spataro v. State, 179 So.2d 873, 878 (Fla. 2d DCA 1965). | 1 | 1 |
Treverrow v. Stategreen1 sentence1988State v. Hassberger, 350 So.2d 1, 2 (Fla. 1977); Treverrow v. State, 194 So.2d 250, 252 (Fla. 1967); State v. Matney, 236 So.2d 166, 169 (Fla. 1st DCA 1970); Spataro v. State, 179 So.2d 873, 878 (Fla. 2d DCA 1965). | 1 | 1 |
Spataro v. Stategreen1 sentence1988State v. Hassberger, 350 So.2d 1, 2 (Fla. 1977); Treverrow v. State, 194 So.2d 250, 252 (Fla. 1967); State v. Matney, 236 So.2d 166, 169 (Fla. 1st DCA 1970); Spataro v. State, 179 So.2d 873, 878 (Fla. 2d DCA 1965). | 1 | 1 |
State v. Hassbergergreen1 sentence1988State v. Hassberger, 350 So.2d 1, 2 (Fla. 1977); Treverrow v. State, 194 So.2d 250, 252 (Fla. 1967); State v. Matney, 236 So.2d 166, 169 (Fla. 1st DCA 1970); Spataro v. State, 179 So.2d 873, 878 (Fla. 2d DCA 1965). | 1 | 1 |
Palm Beach Co. v. Palm Beach Estatesgreen2 sentences1986Palm Beach Co. v. Palm Beach Estates, 110 Fla. 77 , 148 So. 544, 549 (1933), contains the classic formulation of the rule: It is the general rule that, where a party to a suit has assumed an attitude on a former appeal, and has carried his case to an appellate adjudication on a particular theory asserted by the record on that appeal, he is estopped to assume in a pleading filed in a later phase of that same case, or on another appeal, any other or inconsistent position toward the same parties and subject matter. 1986Palm Beach Co. v. Palm Beach Estates, 110 Fla. 77 , 148 So. 544, 549 (1933), contains the classic formulation of the rule: It is the general rule that, where a party to a suit has assumed an attitude on a former appeal, and has carried his case to an appellate adjudication on a particular theory asserted by the record on that appeal, he is estopped to assume in a pleading filed in a later phase of that same case, or on another appeal, any other or inconsistent position toward the same parties and subject matter. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miller v. E. I. duPont de Nemours & Co.
green
1 sentence1992These statements reflect the policy considerations which led to the formulation of the doctrine of res judicata, recognizing "that in the interest of the State every justiciable controversy should be settled in one action in order that the courts and the parties will not be pothered for the same cause by interminable litigation." Gordon v. Gordon, 59 So.2d 40, 44 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 1992–1992 |
Gordon v. Gordon
green
1 sentence1992These statements reflect the policy considerations which led to the formulation of the doctrine of res judicata, recognizing "that in the interest of the State every justiciable controversy should be settled in one action in order that the courts and the parties will not be pothered for the same cause by interminable litigation." Gordon v. Gordon, 59 So.2d 40, 44 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 1992–1992 |
State Ex Rel. Hay v. Farnum
green
1 sentence1992These statements reflect the policy considerations which led to the formulation of the doctrine of res judicata, recognizing "that in the interest of the State every justiciable controversy should be settled in one action in order that the courts and the parties will not be pothered for the same cause by interminable litigation." Gordon v. Gordon, 59 So.2d 40, 44 (Fla.), cert. denied, 344 U.S. 878 , 73 S.Ct. 165 , 97 L.Ed. 680 (1952). | 1 | 1992–1992 |
Foxfire Inn of Stuart, Florida, Inc. v. Neff
neutral
1 sentence1985Neither Besett v. Basnett, 389 So.2d 995 (Fla.1980), nor our decision in Foxfire Inn of Stuart, Fla. v. Neff, 433 So.2d 1304 (Fla. 2d DCA 1983), requires that result. | 1 | 1985–1985 |
Besett v. Basnett
green
1 sentence1985Neither Besett v. Basnett, 389 So.2d 995 (Fla.1980), nor our decision in Foxfire Inn of Stuart, Fla. v. Neff, 433 So.2d 1304 (Fla. 2d DCA 1983), requires that result. | 1 | 1985–1985 |
M'culloch v. State of Maryland
green
2 sentences1980I, § 8, cl. 18, is the statement by Chief Justice Marshall: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421 , 4 L.Ed. 579 (1819). 1980I, § 8, cl. 18, is the statement by Chief Justice Marshall: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421 , 4 L.Ed. 579 (1819). | 1 | 1980–1980 |
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.