remedies available violation (Florida) · Go Syfert
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remedies available violation in Florida

6 Florida opinions name it 2 courts 2000–2011 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 (3)

CaseFollowedCited
Knowles v. Beverly Enterprises-Floridagreen
fla · 2004 · cited in 3 Florida opinions naming this issue, 2007–2011
2 sentences

2011II, § 3, Fla. Const, (recognizing separation of powers); Knowles v. Beverly Enters.-Fla., Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause of action to be brought by personal representatives only under certain circumstances and concluding that the Florida Legislature had the authority to determine the extent of the statutory right and to prescribe or limit the remedies available for a violation of the right).

2007II, § 3, Fla. Const. (recognizing separation of powers); Knowles v. Beverly Enters.-Fla., Inc., 898 So.2d 1, 9 (Fla.2004) (ruling that section 400.023 is a legislatively created cause of action to be brought by personal representatives only under certain circumstances, and concluding that the Florida Legislature had the authority to determine the extent of the statutory right and to prescribe or limit the remedies available for a violation of the right).

23
State v. Gibsongreen
fladistctapp · 2001 · cited in 2 Florida opinions naming this issue, 2005–2005
2 sentences

2005See State v. Gibson, 783 So.2d 1155, 1158 (Fla. 5th DCA 2001) ("The provisions of rule 3.191 make it evident that the rule is not self executing: it requires the defendant to take certain steps to trigger application of rule 3.191(p)(3) which will either ensure a speedy trial or a discharge from the alleged crime.") (citations omitted).

2005See State v. Gibson, 783 So.2d 1155, 1158 (Fla. 5th DCA 2001) ("The provisions of rule 3.191 make it evident that the rule is not self executing: it requires the defendant to take certain steps to trigger application of rule 3.191(p)(3) which will either ensure a speedy trial or a discharge from the alleged crime.") (citations omitted).

22
Sarkis v. Pafford Oil Co., Inc.green
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2000–2000
2 sentences

2000In Sarkis v. Pafford Oil Co., Inc., 697 So.2d 524, 528 (Fla. 1st DCA 1997), the First District Court of Appeal, in holding that plaintiffs' claim under the Florida Unfair and Deceptive Trade Practices Act was not barred by the economic loss rule, noted that the remedies available for a violation of the statute were not the same as those available in a contract action.

2000See Sarkis, 697 So.2d at 528 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Statutes the citing opinions construe

FL § 400.023 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 6 (2000–2011) CA 5 (2001–2023) MI 4 (2001–2017) TX 3 (2013–2016) MN 2 (2016–2016) CT 2 (2000–2000)

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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