enduring standard (Florida) · Go Syfert
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enduring standard in Florida

5 Florida opinions name it 2 courts 1998–2023 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 (9)

CaseFollowedCited
Boyett v. Stategreen
fla · 1996 · cited in 2 Florida opinions naming this issue, 1998–2017
2 sentences

2017See Marta-Rodriguez v. State, 699 So. 2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So. 2d 893, 895 (Fla. 1997); Boyett v. State, 688 So. 2d 308, 310 (Fla. 1996). -5- The majority has not considered the facts in a light most favorable to the recommendation of the jury, as we are required to do, or acknowledged the unchallenged reasonable basis in the record supporting the jury’s vote as to Anna’s death.

2017See Marta-Rodriguez v. State, 699 So.2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So.2d 893, 895 (Fla. 1997); Boyett v. State, 688 So.2d 308, 310 (Fla. 1996).

22
Jenkins v. Stategreen
fla · 1997 · cited in 2 Florida opinions naming this issue, 1998–2017
2 sentences

2017See Marta-Rodriguez v. State, 699 So. 2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So. 2d 893, 895 (Fla. 1997); Boyett v. State, 688 So. 2d 308, 310 (Fla. 1996). -5- The majority has not considered the facts in a light most favorable to the recommendation of the jury, as we are required to do, or acknowledged the unchallenged reasonable basis in the record supporting the jury’s vote as to Anna’s death.

2017See Marta-Rodriguez v. State, 699 So.2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So.2d 893, 895 (Fla. 1997); Boyett v. State, 688 So.2d 308, 310 (Fla. 1996).

22
Marta-Rodriguez v. Stategreen
fla · 1997 · cited in 2 Florida opinions naming this issue, 1998–2017
2 sentences

2017See Marta-Rodriguez v. State, 699 So. 2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So. 2d 893, 895 (Fla. 1997); Boyett v. State, 688 So. 2d 308, 310 (Fla. 1996). -5- The majority has not considered the facts in a light most favorable to the recommendation of the jury, as we are required to do, or acknowledged the unchallenged reasonable basis in the record supporting the jury’s vote as to Anna’s death.

2017See Marta-Rodriguez v. State, 699 So.2d 1010, 1012-1013 (Fla. 1997); Jenkins v. State, 692 So.2d 893, 895 (Fla. 1997); Boyett v. State, 688 So.2d 308, 310 (Fla. 1996).

22
Pomeranz v. Stategreen
fla · 1997 · cited in 2 Florida opinions naming this issue, 1998–2017
2 sentences

2017Similarly, in Strausser v. State, 682 So. 2d 539, 542 (Fla. 1996), we found that the trial court’s override failed the Tedder standard because “there was vast mitigation to support the jury’s recommendation.” Likewise, we have just recently again reaffirmed this enduring standard in reversing the trial court’s override of the jury’s recommendation of a life sentence in Pomeranz v. State, 703 So. 2d 465, 471 (Fla. 1997), the latest of a series of recent cases wherein we have consistently reaffirmed Tedder.

2017Similarly, in Strausser v. State, 682 So.2d 539, 542 (Fla. 1996), we found that the trial court’s override failed the Tedder standard because “there was vast mitigation to support the jury’s recommendation.” Likewise, we have just recently again reaffirmed this enduring standard in reversing the trial court’s override of the jury’s recommendation of a life sentence in Pomeranz v. State, 703 So.2d 465, 471 (Fla. 1997), the latest of a series of recent cases wherein we have consistently reaffirmed Tedder.

22
Strausser v. Stategreen
fla · 1996 · cited in 2 Florida opinions naming this issue, 1998–2017
2 sentences

2017Similarly, in Strausser v. State, 682 So. 2d 539, 542 (Fla. 1996), we found that the trial court’s override failed the Tedder standard because “there was vast mitigation to support the jury’s recommendation.” Likewise, we have just recently again reaffirmed this enduring standard in reversing the trial court’s override of the jury’s recommendation of a life sentence in Pomeranz v. State, 703 So. 2d 465, 471 (Fla. 1997), the latest of a series of recent cases wherein we have consistently reaffirmed Tedder.

2017Similarly, in Strausser v. State, 682 So.2d 539, 542 (Fla. 1996), we found that the trial court’s override failed the Tedder standard because “there was vast mitigation to support the jury’s recommendation.” Likewise, we have just recently again reaffirmed this enduring standard in reversing the trial court’s override of the jury’s recommendation of a life sentence in Pomeranz v. State, 703 So.2d 465, 471 (Fla. 1997), the latest of a series of recent cases wherein we have consistently reaffirmed Tedder.

22
Gunn Plumbing, Inc. v. Dania Bankgreen
fla · 1971 · cited in 2 Florida opinions naming this issue, 2018–2019
2 sentences

2019As the First District recently reiterated: “Long ago, the Florida Supreme Court announced the enduring principle concerning [factual] pretrial stipulations: ‘A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.’” Delgado v. Agency for Health Care Admin., 237 So. 3d 432, 436-37 (Fla. 1st DCA 2018) (quoting Gunn Plumbing, Inc. v. Dania, 252 So. 2d 1, 4 (Fla. 1971)).

2018Appellants rightly contend that the ALJ "should have abided by the express and stipulated expectation of the parties." Long ago, the Florida Supreme Court announced the enduring principle concerning pretrial stipulations: "A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court." Gunn Plumbing, Inc. v. Dania , 252 So.2d 1 , 4 (Fla. 1971) ; accord, Dortch v. State , 137 So.3d 1173 , 1176 (Fla. 1st DCA 2014) (citing Gunn and adding that "[a] stipulation cannot be 'impeached or swept aside' merely by the

12
Henrion v. New Era Realty IV, Inc.green
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019“In order to obtain relief from a [factual] stipulation, a party must make a reasonable motion to withdraw the stipulation supported by an affidavit showing good cause.” Eagle FL VI SPE, LLC, 177 So. 3d at 1280 (quoting Henrion v. New Era Realty IV, Inc., 586 So. 2d 1295, 1298 (Fla. 4th DCA 1991)).

11
Delgado v. Agency for Health Care Admin.green
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019As the First District recently reiterated: “Long ago, the Florida Supreme Court announced the enduring principle concerning [factual] pretrial stipulations: ‘A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.’” Delgado v. Agency for Health Care Admin., 237 So. 3d 432, 436-37 (Fla. 1st DCA 2018) (quoting Gunn Plumbing, Inc. v. Dania, 252 So. 2d 1, 4 (Fla. 1971)).

11
Dortch v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Appellants rightly contend that the ALJ "should have abided by the express and stipulated expectation of the parties." Long ago, the Florida Supreme Court announced the enduring principle concerning pretrial stipulations: "A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court." Gunn Plumbing, Inc. v. Dania , 252 So.2d 1 , 4 (Fla. 1971) ; accord, Dortch v. State , 137 So.3d 1173 , 1176 (Fla. 1st DCA 2014) (citing Gunn and adding that "[a] stipulation cannot be 'impeached or swept aside' merely by the

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
Aurbach v. Gallina green
fla · 2000
2 sentences

2023We are left with an enduring principle of the common law that liability under the dangerous instrumentality doctrine “will - 19 - generally flow from legal title,” id. at 66 , and while persons with other property interests may be vicariously liable, the number of people liable under the doctrine is not multiplied every time a vehicle is shared.

2023Those who “originate[] the danger by entrusting the automobile to another,” id. at 62 (quoting Kraemer, 572 So. 2d at 1365 ) (emphasis added), whether directly or by “authoriz[ing] other[s],” remain principally liable, id. at 63.

12023–2023
Kraemer v. General Motors Acceptance Corp. green
fla · 1990
1 sentence

2023Those who “originate[] the danger by entrusting the automobile to another,” id. at 62 (quoting Kraemer, 572 So. 2d at 1365 ) (emphasis added), whether directly or by “authoriz[ing] other[s],” remain principally liable, id. at 63.

12023–2023
Owens v. State green
fladistctapp · 2015
1 sentence

2019“In order to obtain relief from a [factual] stipulation, a party must make a reasonable motion to withdraw the stipulation supported by an affidavit showing good cause.” Eagle FL VI SPE, LLC, 177 So. 3d at 1280 (quoting Henrion v. New Era Realty IV, Inc., 586 So. 2d 1295, 1298 (Fla. 4th DCA 1991)).

12019–2019

Where else courts name it

NM 53 (1994–2025) IL 6 (2002–2011) FL 5 (1998–2023) IA 3 (2022–2022) OH 3 (1997–2005) CA 2 (1994–2013) MD 2 (2016–2020)

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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