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

5 Florida opinions name it 2 courts 1958–2022 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 (2)

CaseFollowedCited
United States v. Gilmoregreen
scotus · 1963 · cited in 1 Florida opinions naming this issue, 1994–1994
2 sentences

1994In Gilmore v. United States, 372 U.S. 39, 49 (1963), the Supreme Court held that the origin of a claim governs the deductibility of a related expense.

1994In Gilmore v. United States , 372 U.S. 39 , 49 (1963) , the Supreme Court held that the origin of a claim governs the deductibility of a related expense.

11
Maloney v. Stategreen
fladistctapp · 1962 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983The origin of that rule has usually been credited to Reynolds v. State, supra. E.g., Maloney v. State, 146 So.2d 581, 583 (Fla. 2nd DCA 1962).

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
Green v. State green
fladistctapp · 1999
1 sentence

2022Rather, the origin of this rule appears to trace back to the Fourth District’s decision in Green v. State, 728 So. 2d 779 (Fla. 4th DCA 1999).

12022–2022
Flea Market, USA, Inc. v. Cohen green
fladistctapp · 1986
1 sentence

2019Most of the recent decisions recognizing conditional continuances tend to cite to the case of Flea Market U.S.A., Inc. v. Cohen, 490 So. 2d 210 (Fla. 3d DCA 1986), as authority.

12019–2019
Kay v. Kay green
fladistctapp · 2008
1 sentence

2019Moreover, when we trace the origin of this rule's current iteration—that "[a] trial court has the authority to assess attorney's fees when one party moves for a continuance on the eve of trial," Kay, 988 So. 2d at 1275—we find a rule that, without a ratio decidendi to guide or constrain its course in the common law, has drifted far from its point of origin.

12019–2019
Falnes v. Kaplan green
fla · 1958
1 sentence

1958We are in complete agreement with the Supreme Court in the opinion of Justice Thomas in the case of Falnes v. Kaplin, Fla. 1958, 101 So.2d 377, 379 , wherein it is stated: "Although certain elements necessary to the applicability of the doctrine have been defined, our re-examination of the decisions on the subject confirms the view that no definite rule can be stated with reference to factual situations in which the charge should or should not be given, but that each case must be its own criterion.

11958–1958

Where else courts name it

PA 31 (1908–2024) IL 17 (1874–2017) CA 15 (1898–2026) GA 15 (1917–2024) NY 13 (1835–2018) TX 12 (1928–2005) ID 10 (1912–2025) MD 9 (1895–2025) MO 9 (1882–2025) WA 8 (1906–2003) IN 7 (1834–2000) LA 7 (1964–2002) TN 7 (1940–2019) WV 7 (1978–2007) OH 6 (1948–2021) WI 6 (1978–2020) SD 6 (1969–1978) NC 6 (1926–2019) IA 5 (1909–2001) VT 5 (1971–2014) VA 5 (1836–2020) OR 5 (1989–2020) FL 5 (1958–2022) MA 4 (1932–2011) KY 4 (1820–1964) MN 4 (1961–1996) NJ 3 (1967–2014) NE 3 (1984–1995) AZ 3 (1952–1984) AR 3 (1984–2010) AL 3 (1969–1994) WY 2 (1978–2020) NH 2 (1954–1965) AK 2 (1971–2016) MT 2 (1925–2006) KS 2 (1903–1966) DC 2 (1976–1978) HI 2 (2007–2015) MI 2 (1943–1976) CT 2 (1991–1992) CO 2 (1938–2025) NM 2 (1935–1974) RI 2 (1874–1946)

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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