nonseverability clause (Florida) · Go Syfert
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nonseverability clause in Florida

5 Florida opinions name it 2 courts 1995–2022 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 (3)

CaseFollowedCited
Abele v. Sawyergreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022The correct remedy here was exactly as the trial court did, which was to impose a constructive trust because it is imposed as “an equitable remedy in a situation where there is a wrongful taking of the property of another.” Abele v. Sawyer, 750 So. 2d 70, 74 (Fla. 4th DCA 1999).

11
Rush v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2011–2011
2 sentences

2011See Gessa v. Manor Care of Fla., Inc., 4 So.3d 679 (Fla. 2d DCA 2009) (finding severability where contract capped noneconomic damages, precluded punitive damages, and had no severability clause), quashed, 86 So.3d 484 (Fla.2011); Stiehl (finding sever-ability where contract capped noneconomic damages, precluded punitive damages, and had a nonseverability clause).

2011See Gessa v. Manor Care of Fla., Inc., 4 So.3d 679 (Fla. 2d DCA 2009) (finding severability where contract capped noneconomic damages, precluded punitive damages, and had no severability clause), quashed, 86 So.3d 484 (Fla.2011); Stiehl (finding sever-ability where contract capped noneconomic damages, precluded punitive damages, and had a nonseverability clause).

11
Gessa v. Manor Care of Florida, Inc.green
fla · 2011 · cited in 1 Florida opinions naming this issue, 2011–2011
2 sentences

2011See Gessa v. Manor Care of Fla., Inc., 4 So.3d 679 (Fla. 2d DCA 2009) (finding severability where contract capped noneconomic damages, precluded punitive damages, and had no severability clause), quashed, 86 So.3d 484 (Fla.2011); Stiehl (finding sever-ability where contract capped noneconomic damages, precluded punitive damages, and had a nonseverability clause).

2011See Gessa v. Manor Care of Fla., Inc., 4 So.3d 679 (Fla. 2d DCA 2009) (finding severability where contract capped noneconomic damages, precluded punitive damages, and had no severability clause), quashed, 86 So.3d 484 (Fla.2011); Stiehl (finding sever-ability where contract capped noneconomic damages, precluded punitive damages, and had a nonseverability clause).

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
Sitomer v. Orlan green
fladistctapp · 1995
1 sentence

2022The Fourth District Court 16 of Appeal in Sitomer held that “the nonseverability doctrine preserves the entireties status of funds even after one spouse renames an account or transfers money from it without the consent of the other.” Id. at 1114 .

12022–2022
LOCAL NO. 234, ETC. v. Henley & Beckwith, Inc. green
fla · 1953
2 sentences

2009Under Florida law, to determine whether the Agreement permits severance of the remedial limitations provision, we apply the test set out in Local No. 234 v. Henley & Beckwith, Inc., 66 So.2d 818 , 821-22 (Fla.1953).

2009Under Florida law, to determine whether the Agreement permits severance of the remedial limitations provision, we apply the test set out in Local No. 234 v. Henley & Beckwith, Inc., 66 So.2d 818 , 821-22 (Fla.1953).

12009–2009
Zobel v. Williams green
scotus · 1982
2 sentences

2007This conclusion is supported by the United States Supreme Court decision in Zobel v. Williams, 457 U.S. 55 , 102 S.Ct. 2309 , 72 L.Ed.2d 672 (1981), in which the Court, although ultimately remanding the determination to the Alaska state courts, noted with regard to a nonseverability clause that it “need not speculate as to the intent of the Alaska Legislature; the legislation expressly provides that the invalidation of any portion of the statute renders the whole invalid.” Id. at 65 , 102 S.Ct. 2309 .

2007This conclusion is supported by the United States Supreme Court decision in Zobel v. Williams, 457 U.S. 55 , 102 S.Ct. 2309 , 72 L.Ed.2d 672 (1981), in which the Court, although ultimately remanding the determination to the Alaska state courts, noted with regard to a nonseverability clause that it “need not speculate as to the intent of the Alaska Legislature; the legislation expressly provides that the invalidation of any portion of the statute renders the whole invalid.” Id. at 65 , 102 S.Ct. 2309 .

12007–2007
In Re Lyons'estate green
fla · 1956
1 sentence

1995The leading case of In re Lyons' Estate, 90 So.2d 39 (Fla. 1955), involved two joint bank accounts opened in the names of both husband and wife.

11995–1995

Where else courts name it

FL 5 (1995–2022) PA 3 (2006–2024) ND 2 (1985–1987) CA 2 (2011–2015)

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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