issue raised rule (Florida) · Go Syfert
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issue raised rule in Florida

5 Florida opinions name it 2 courts 1973–2022 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 (6)

CaseFollowedCited
Floro v. Parkergreen
fladistctapp · 1967 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Unless it is necessary to determine the right of possession or the record titleholder, the court may not determine the question of title.”); see Floro v. Parker, 205 So. 2d 363, 366 (Fla. 2d DCA 1967) (“[I]t is immaterial whether plaintiff had the [l]egal right of possession or not.

11
Oosterink v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Oosterink v. State, 947 So.2d 663 (Fla. 2d DCA 2007) (concluding that the issue raised in rule 3.850 motion was not barred by the same issue raised in an earlier motion to withdraw plea where the trial court had not fully addressed the claim on the merits in ruling on the earlier motion).

11
Ferro v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003) (observing that questions of law actually decided on appeal constitute the law of the case through all subsequent proceedings); see also Ferro v. State, 782 So.2d 948 (Fla. 5th DCA 2001) (holding that rule 3.800(a) motion should not have been denied as successive where precise issue argued had not been previously raised). "`[W]hen the judge has been involved in the plea negotiation and then later imposes a harsher sentence [than the one contemplated in the failed negotiations], the sentence is presumed to be vindictive'" and the "`presumpt

11
McDonald v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003) (observing that questions of law actually decided on appeal constitute the law of the case through all subsequent proceedings); see also Ferro v. State, 782 So.2d 948 (Fla. 5th DCA 2001) (holding that rule 3.800(a) motion should not have been denied as successive where precise issue argued had not been previously raised). "`[W]hen the judge has been involved in the plea negotiation and then later imposes a harsher sentence [than the one contemplated in the failed negotiations], the sentence is presumed to be vindictive'" and the "`presumpt

11
State v. McBridegreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003) (observing that questions of law actually decided on appeal constitute the law of the case through all subsequent proceedings); see also Ferro v. State, 782 So.2d 948 (Fla. 5th DCA 2001) (holding that rule 3.800(a) motion should not have been denied as successive where precise issue argued had not been previously raised). "`[W]hen the judge has been involved in the plea negotiation and then later imposes a harsher sentence [than the one contemplated in the failed negotiations], the sentence is presumed to be vindictive'" and the "`presumpt

11
Harris v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See State v. McBride, 848 So.2d 287, 289-90 (Fla.2003) (observing that questions of law actually decided on appeal constitute the law of the case through all subsequent proceedings); see also Ferro v. State, 782 So.2d 948 (Fla. 5th DCA 2001) (holding that rule 3.800(a) motion should not have been denied as successive where precise issue argued had not been previously raised). "`[W]hen the judge has been involved in the plea negotiation and then later imposes a harsher sentence [than the one contemplated in the failed negotiations], the sentence is presumed to be vindictive'" and the "`presumpt

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 (4)

CaseCitedYears
Greene v. State green
fla · 1970
1 sentence

1984State v. Gale Distributors, Inc., 349 So.2d 150 (Fla. 1977); Green v. State, 238 So.2d 296 (Fla. 1970); Rodriquez v. State, 380 So.2d 1123 (2 D.C.A.

11984–1984
State v. Gale Distributors, Inc. green
fla · 1977
1 sentence

1984State v. Gale Distributors, Inc., 349 So.2d 150 (Fla. 1977); Green v. State, 238 So.2d 296 (Fla. 1970); Rodriquez v. State, 380 So.2d 1123 (2 D.C.A.

11984–1984
Rodriguez v. State green
fladistctapp · 1980
1 sentence

1984State v. Gale Distributors, Inc., 349 So.2d 150 (Fla. 1977); Green v. State, 238 So.2d 296 (Fla. 1970); Rodriquez v. State, 380 So.2d 1123 (2 D.C.A.

11984–1984
Young v. Baker, Fentress & Co. neutral
ca7 · 1934
1 sentence

1973Cf. Young v. Baker, Fentress & Co., 74 F.2d 422 (7th Cir.1934).

11973–1973

Where else courts name it

MO 22 (1981–2023) LA 14 (1939–2015) CA 10 (1894–2021) PA 10 (1969–2021) MD 8 (1972–2017) IL 8 (1906–2019) NY 7 (1913–2020) CT 7 (1986–2017) MI 6 (1975–2018) SC 5 (1935–2010) FL 5 (1973–2022) NC 4 (1906–2024) AK 4 (1976–1982) KY 4 (1935–2024) MA 3 (1985–2011) OH 3 (2017–2024) NM 3 (1977–1994) DC 3 (1948–1986) GA 3 (1897–2013) MS 2 (1990–2008) TX 2 (2007–2018) ME 2 (1938–1940) NJ 2 (1978–1984)

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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