party who asserts claim (Florida) · Go Syfert
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party who asserts claim in Florida

5 Florida opinions name it 2 courts 1982–2025 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
Ticktin v. Kearingreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Delay alone in asserting a right does not constitute laches, and the burden is on the party who asserts the doctrine of laches to prove prejudice.” Ticktin v. Kearin, 807 So. 2d 659, 663 (Fla. 3d DCA 2001). 4 The general magistrate’s recommended order also referred generally to rule 12.120 (governing the pleading of special matters) and cited the case of Parra Del Rey v. Rey, 114 So. 3d 371, 386 (Fla. 3d DCA 2013), a case stating the general proposition that a failure to plead an affirmative defense 4 But a party needs to file an answer and affirmative defenses only in response to a pleading.

11
Parra de Rey v. Reygreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Delay alone in asserting a right does not constitute laches, and the burden is on the party who asserts the doctrine of laches to prove prejudice.” Ticktin v. Kearin, 807 So. 2d 659, 663 (Fla. 3d DCA 2001). 4 The general magistrate’s recommended order also referred generally to rule 12.120 (governing the pleading of special matters) and cited the case of Parra Del Rey v. Rey, 114 So. 3d 371, 386 (Fla. 3d DCA 2013), a case stating the general proposition that a failure to plead an affirmative defense 4 But a party needs to file an answer and affirmative defenses only in response to a pleading.

11
Stephenson v. Stephensongreen
fla · 1951 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Stephenson v. Stephenson, 52 So.2d 684 (Fla.1951); State, Dept. of Revenue By and on Behalf of Taylor v. David, 684 So.2d 308 (Fla. 1st DCA 1996); State, Dept. of Health and Rehabilitative Services v. Lemaster, 596 So.2d 1117 (Fla. 2d DCA 1992).

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 (9)

CaseCitedYears
Hodges, Grant & Kaufmann v. United States Government green
ca5 · 1985
2 sentences

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) ("The burden of establishing that a document is work product is on the party who asserts the claim....").

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) (“The burden of establishing that a document is work product is on the party who asserts the claim.... ”).

12011–2011
National Elevator Industry, Inc. v. International Union of Elevator Constructors green
scotus · 1987
2 sentences

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) ("The burden of establishing that a document is work product is on the party who asserts the claim....").

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) (“The burden of establishing that a document is work product is on the party who asserts the claim.... ”).

12011–2011
Adam v. Brotherhood Railway Carmen of the United States & Canada green
scotus · 1987
2 sentences

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) ("The burden of establishing that a document is work product is on the party who asserts the claim....").

2011Reynolds v. von Bulow by Auersperg, 481 U.S. 1015 , 107 S.Ct. 1891 , 95 L.Ed.2d 498 (1987); Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 , 721 (5th Cir.1985) ("The burden of establishing that a document is work product is on the party who asserts the claim....").

12011–2011
STATE, DEPT. OF REVENUE BY TAYLOR v. David green
fladistctapp · 1996
1 sentence

2001See Stephenson v. Stephenson, 52 So.2d 684 (Fla.1951); State, Dept. of Revenue By and on Behalf of Taylor v. David, 684 So.2d 308 (Fla. 1st DCA 1996); State, Dept. of Health and Rehabilitative Services v. Lemaster, 596 So.2d 1117 (Fla. 2d DCA 1992).

12001–2001
STATE, DHRS v. Lemaster green
fladistctapp · 1992
1 sentence

2001See Stephenson v. Stephenson, 52 So.2d 684 (Fla.1951); State, Dept. of Revenue By and on Behalf of Taylor v. David, 684 So.2d 308 (Fla. 1st DCA 1996); State, Dept. of Health and Rehabilitative Services v. Lemaster, 596 So.2d 1117 (Fla. 2d DCA 1992).

12001–2001
Randy Intern., Ltd. v. American Excess Corp. green
fladistctapp · 1987
1 sentence

1991Trushing v City of Miami Beach, 328 So.2d 27 (Fla. 3d DCA 1976); Randy Itern, Ltd. v American Excess Corp., 501 So.2d 667 (Fla. 3d DCA 1987); State v Town of Sweetwater, 112 So.2d 852 (Fla. 1959).

11991–1991
State v. Town of Sweetwater green
fla · 1959
1 sentence

1991Trushing v City of Miami Beach, 328 So.2d 27 (Fla. 3d DCA 1976); Randy Itern, Ltd. v American Excess Corp., 501 So.2d 667 (Fla. 3d DCA 1987); State v Town of Sweetwater, 112 So.2d 852 (Fla. 1959).

11991–1991
Trushin v. City of Miami Beach green
fladistctapp · 1976
1 sentence

1991Trushing v City of Miami Beach, 328 So.2d 27 (Fla. 3d DCA 1976); Randy Itern, Ltd. v American Excess Corp., 501 So.2d 667 (Fla. 3d DCA 1987); State v Town of Sweetwater, 112 So.2d 852 (Fla. 1959).

11991–1991
Mobil Oil Corp. v. Shevin green
fla · 1977
2 sentences

1982Mobil Oil Corporation v. Shevin, 354 So.2d 372 (Fla.1977).

1982The rule in Mobil Oil Corporation v. Shevin, 354 So.2d 372 (Fla.1977) as stated by the majority is that a party who asserts the doctrine of collateral estoppel must show that the issue was fully litigated between the parties.

11982–1982

Where else courts name it

TX 12 (1991–2025) PA 11 (1968–2025) GA 11 (1974–2006) CA 8 (1949–2025) NJ 7 (1999–2026) AL 7 (2003–2023) KY 6 (2009–2023) FL 5 (1982–2025) OH 3 (1999–2020) LA 3 (1972–2026) MO 3 (1987–2008) NY 3 (1982–2015) WY 2 (1975–2000) MN 2 (1993–1998) CO 2 (2012–2015) RI 2 (2008–2008)

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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