5 Florida opinions name it 2 courts 1939–2018 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 |
|---|---|---|
Dickson v. Mintzgreen1 sentence2018See also In re Estate of Dickson, 559 A.2d 331, 334 (D.C. 1989) (adopting the abuse of discretion standard of review established in Stillson, and further observing: “In deciding whether to grant the petition to settle, the trial court must determine that the settlement is in the best interest of the estate, and that the personal representative has fulfilled his or her fiduciary duty to act as a ‘prudent person.’ In making these determinations, the court should consider, among other 5 Litigation against several VP Entities had already been commenced and was pending at the time of the settlement | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Connell v. Sledge
green
1 sentence1976If, on the other hand, striking the defenses was error then there were unresolved issues of material fact rendering entry of summary judgment error. ( Connell v. Sledge, Fla.App. 1st 1975, 306 So.2d 194 ) Three of the alleged affirmative defenses (the first, third, and fifth) contained no legal (nor equitable) defensive matter. | 1 | 1976–1976 |
Fletcher v. Williams
green
1 sentence1964Fletcher v. Williams, Fla.App.1963, 153 So.2d 759, 762 ; Carson v. City of Fort Lauderdale, Fla.App.1963, 155 So.2d 620, 623 . | 1 | 1964–1964 |
Carson v. City of Fort Lauderdale
neutral
1 sentence1964Fletcher v. Williams, Fla.App.1963, 153 So.2d 759, 762 ; Carson v. City of Fort Lauderdale, Fla.App.1963, 155 So.2d 620, 623 . | 1 | 1964–1964 |
Tuggle v. Maddox
green
1 sentence1963Briefly discussing the authorities cited by the majority: The Tuggle case ( 60 So.2d 158 ) is cited in support of the proposition that affirmative defenses which I take to mean those comprehended by rule 1.8(d) may not be asserted as grounds for a motion to dismiss the complaint, even though the availability of the defense as a bar to the action may appear on the face of the complaint. | 1 | 1963–1963 |
State Ex Rel. Henderson v. Foley
neutral
2 sentences1939Henderson v. Foley, 118 Fla. 885 , 160 So. 522 , we held: “The defenses of waiver, laches and estoppel by the respondents cannot avail them as a legal justification for refusing to acknowledge and follow the applicable provisions of Chapter 11954, Acts of 1927, as amended by Chapter 14502, Acts of 1929, under which relator has sought relief in the present litigation. 1939Henderson v. Foley, 118 Fla. 885 , 160 So. 522 , we held: “The defenses of waiver, laches and estoppel by the respondents cannot avail them as a legal justification for refusing to acknowledge and follow the applicable provisions of Chapter 11954, Acts of 1927, as amended by Chapter 14502, Acts of 1929, under which relator has sought relief in the present litigation. | 1 | 1939–1939 |
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.