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5 Florida opinions name it 3 courts 1972–2003 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 |
|---|---|---|
Holmes v. Stategreen2 sentences2003In so holding, we distinguish our decision in Holmes v. State, 374 So.2d 944 (Fla.1979), in which we concluded that "an expressed waiver by counsel in the presence of the defendant ... was sufficient." Id. at 949 (emphasis supplied). 2003In so holding, we distinguish our decision in Holmes v. State, 374 So.2d 944 (Fla.1979), in which we concluded that "an expressed waiver by counsel in the presence of the defendant ... was sufficient." Id. at 949 (emphasis supplied). | 1 | 1 |
State v. Bendergreen1 sentence1999See Bender, supra at 699 . | 1 | 1 |
Graham v. Kirchnergreen1 sentence1985See also Graham v. Kirchner, 287 S.W.2d 830 (Mo. 1956). | 1 | 1 |
Kensington National Bank v. Cedarbrook Country Clubgreen2 sentences1985See, e.g., Kensington National Bank v. Cedarbrook Country Club, 161 Pa.Super. 407 , 54 A.2d 838 (1947), wherein the Court expressed the rule as follows: `[T]itle to the property is vested in the nonprofit corporation, the right of holders of certificates is not a property right, but depends upon the contract of the certificate and must be judged in accordance with its terms.' Kensington National Bank v. Cedarbrook Country Club, supra at 839. 1985See, e.g., Kensington National Bank v. Cedarbrook Country Club, 161 Pa.Super. 407 , 54 A.2d 838 (1947), wherein the Court expressed the rule as follows: `[T]itle to the property is vested in the nonprofit corporation, the right of holders of certificates is not a property right, but depends upon the contract of the certificate and must be judged in accordance with its terms.' Kensington National Bank v. Cedarbrook Country Club, supra at 839. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Parker
neutral
1 sentence1984A reading of State v. Parker, 411 So.2d 449 (Ca.1982) clearly illustrates the difference of the law in Florida and Louisiana. | 1 | 1984–1984 |
Brundage v. O'berry, Jr.
green
2 sentences1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as 1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
International Paper Co. v. Christopher Columbus Brown
green
1 sentence1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
Gray v. Gray
green
2 sentences1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as 1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
City of Miami Beach v. Miami Beach Improvement Co.
green
1 sentence1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
Coral Realty Co. v. Peacock Holding Co.
green
2 sentences1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as 1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
Reynolds v. Reynolds
green
1 sentence1972Brundage v. O’Berry, 101 Fla. 320 , 134 So. 520 ; Gray v. Gray, 91 Fla. 103 , 107 So. 261 ; Coral Realty Co. v. Peacock Holding Co., 103 Fla. 916 , 138 So. 622 ; City of Miami Beach v. Miami Beach Improvement Co., 153 Fla. 107 , 14 So.2d 172 .” This court thus expressed this rule in Reynolds v. Reynolds, 117 So.2d 16 (Fla. App. 1960): “In order for the defense of res judicata to prevail, the final judgment or decree relied upon must reflect within its four corners matters from, which it can be determined that the second suit is (1) upon the same cause of action, (2) between the same parties as | 1 | 1972–1972 |
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.