judiciary rule (Florida) · Go Syfert
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judiciary rule in Florida

5 Florida opinions name it 2 courts 1974–2025 2 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 (2)

CaseFollowedCited
Love v. Stategreen
fladistctapp · 2018 · cited in 2 Florida opinions naming this issue, 2025–2025
2 sentences

2025While the Legislature has the authority to adopt procedural provisions in statutes that are “intertwined with substantive rights,” see Caple v. Tuttle’s Design–Build, Inc., 753 So. 2d 49, 54 (Fla. 2000), this Court always has the authority to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution, cf. Love v. State, 247 So. 3d 609, 610-12 (Fla. 3d DCA 2018) (concluding that statute setting burden of proof did not violate the separation of powers doctrine by invading the province of the judiciary because it was substantive enough, and noting in a parenth

2025While the Legislature has the authority to adopt procedural provisions in statutes that are “intertwined with substantive rights,” see Caple v. Tuttle’s Design–Build, Inc., 753 So. 2d 49, 54 (Fla. 2000), this Court always has the authority to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution, cf. Love v. State, 247 So. 3d 609, 610-12 (Fla. 3d DCA 2018) (concluding that statute setting burden of proof did not violate the separation of powers doctrine by invading the province of the judiciary because it was substantive enough, and noting in a parenth

22
Caple v. Tuttle's Design-Build, Inc.green
fla · 2000 · cited in 2 Florida opinions naming this issue, 2025–2025
2 sentences

2025While the Legislature has the authority to adopt procedural provisions in statutes that are “intertwined with substantive rights,” see Caple v. Tuttle’s Design–Build, Inc., 753 So. 2d 49, 54 (Fla. 2000), this Court always has the authority to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution, cf. Love v. State, 247 So. 3d 609, 610-12 (Fla. 3d DCA 2018) (concluding that statute setting burden of proof did not violate the separation of powers doctrine by invading the province of the judiciary because it was substantive enough, and noting in a parenth

2025While the Legislature has the authority to adopt procedural provisions in statutes that are “intertwined with substantive rights,” see Caple v. Tuttle’s Design–Build, Inc., 753 So. 2d 49, 54 (Fla. 2000), this Court always has the authority to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution, cf. Love v. State, 247 So. 3d 609, 610-12 (Fla. 3d DCA 2018) (concluding that statute setting burden of proof did not violate the separation of powers doctrine by invading the province of the judiciary because it was substantive enough, and noting in a parenth

22

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
Evans, Et Ux. v. Hillsborough County green
fla · 1938
2 sentences

1975Cf. Evans et ux. v. Hillsborough County, 186 So. 193 , 196 (Fla. 1938).

1974As noted in the very early case of Conn v. Chadwich Co., 17 Fla. 428 , 434 (Fla. 1880), quoting Chief Justice Marshall, "If [constitutional questions] become indispensably necessary to the case the court must meet and decide them; but if the case may be determined on other points, a just respect for the Legislature requires that the obligation of its laws should not be unnecessarily or wantonly assailed." And, as succinctly stated by the Florida court in Evans v. Hillsborough County, 186 So. 193 (Fla. 1938), a statute found on the statute books must be presumed to be valid and must be given ef

21974–1975
The Florida Bar v. Rayman green
fla · 1970
1 sentence

1978The Florida Bar v. Rayman, 238 So.2d 594 (Fla. 1970) at 598.

11978–1978
Conn v. E. Chadwick & Co. green
fla · 1880
1 sentence

1974As noted in the very early case of Conn v. Chadwich Co., 17 Fla. 428 , 434 (Fla. 1880), quoting Chief Justice Marshall, "If [constitutional questions] become indispensably necessary to the case the court must meet and decide them; but if the case may be determined on other points, a just respect for the Legislature requires that the obligation of its laws should not be unnecessarily or wantonly assailed." And, as succinctly stated by the Florida court in Evans v. Hillsborough County, 186 So. 193 (Fla. 1938), a statute found on the statute books must be presumed to be valid and must be given ef

11974–1974

Where else courts name it

TX 12 (1984–2024) NJ 12 (1962–2025) CA 11 (1943–2023) MI 9 (1978–2026) PA 8 (1942–2025) WA 7 (1973–2005) AL 7 (1981–2012) NY 6 (1962–2017) IL 6 (1978–2002) FL 5 (1974–2025) OH 5 (1964–2026) MD 4 (1987–2010) WI 3 (1936–2025) CT 3 (1986–1996) NC 3 (1904–2014) WV 2 (2012–2013) IA 2 (2002–2016) MT 2 (1890–2011) IN 2 (2000–2010) SD 2 (1977–2022)

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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