post-seizure hearing (Florida) · Go Syfert
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post-seizure hearing in Florida

5 Florida opinions name it 1 courts 1990–2005 0 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 (4)

CaseFollowedCited
Gazil, Inc. v. Super Food Services, Inc.green
fla · 1978 · cited in 2 Florida opinions naming this issue, 1990–1991
2 sentences

1991Id. at 313 .

1990See generally Shaffer v. Heitner, 433 U.S. at 210 , 97 S.Ct. at 2582-83 , 53 L.Ed.2d at 701-02 . [5] Unique Caterers was modified with respect to the nature of the requirement for a post-seizure hearing in Gazil, Inc. v. Super Food Services, Inc., 356 So.2d 312, 313 (Fla. 1978). [6] We need not reach Hordis' alternative contention that it was an abuse of discretion to issue a writ of attachment on Hordis' other property where Sentinel had already retained a security interest in the goods sold which are the subject of the underlying lawsuit.

12
State v. Rutherfordgreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999Although in State v. Rutherford, 707 So.2d 1129, 1131 (Fla. 4th DCA 1997), rev. denied, 718 So.2d 171 (Fla.1998), we held that a patient's medical records are protected under article I, section 23, of the Florida Constitution, the records sought to be produced in Rutherford were held by the health care provider, the hospital.

11
S & G PRESS, INC. v. Harris Graphics Corp.green
cand · 1989 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See S & G Press, Inc. v. Harris Graphics Corp., 718 F. Supp. 1459, 1460 (N.D.Cal. 1989).

11
Shaffer v. Heitnergreen
scotus · 1977 · cited in 1 Florida opinions naming this issue, 1990–1990
2 sentences

1990See generally Shaffer v. Heitner, 433 U.S. at 210 , 97 S.Ct. at 2582-83 , 53 L.Ed.2d at 701-02 . [5] Unique Caterers was modified with respect to the nature of the requirement for a post-seizure hearing in Gazil, Inc. v. Super Food Services, Inc., 356 So.2d 312, 313 (Fla. 1978). [6] We need not reach Hordis' alternative contention that it was an abuse of discretion to issue a writ of attachment on Hordis' other property where Sentinel had already retained a security interest in the goods sold which are the subject of the underlying lawsuit.

1990See generally Shaffer v. Heitner, 433 U.S. at 210 , 97 S.Ct. at 2582-83 , 53 L.Ed.2d at 701-02 . [5] Unique Caterers was modified with respect to the nature of the requirement for a post-seizure hearing in Gazil, Inc. v. Super Food Services, Inc., 356 So.2d 312, 313 (Fla. 1978). [6] We need not reach Hordis' alternative contention that it was an abuse of discretion to issue a writ of attachment on Hordis' other property where Sentinel had already retained a security interest in the goods sold which are the subject of the underlying lawsuit.

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 (2)

CaseCitedYears
State v. Viatical Services, Inc. green
fladistctapp · 1999
2 sentences

2004In Viatical, we directed the trial court on remand to "issue the warrant on condition that the insured's medical records be sealed until a post-seizure hearing may be held on the issue of the right to privacy." 741 So.2d at 564 .

2004We directed the trial court "to issue the warrant on condition that the insured's medical records be sealed until a post-seizure hearing may be held on the issue of the right of privacy." Id.

22004–2005
State v. Laiser green
fla · 1975
1 sentence

1991It is unnecessary to reach the question of an entitlement to a post-seizure hearing for three reasons: (1) it was not raised by the petitioner and was not a basis for the circuit court's decision, (2) there were no other exigent circumstances to warrant a hearing such as a pendency of related criminal charges, compare State v. Laiser, 322 So.2d 490 (Fla. 1975), and (3) there was a post-seizure hearing where the county court found that the petitioner did not have a permit to possess the alligator. [3] Our conclusion on the constitutional claim does not dispose of the case to a finality.

11991–1991

Statutes the citing opinions construe

FL § 395.3025 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

SC 5 (2000–2011) FL 5 (1990–2005) NJ 2 (1990–1990) WA 2 (2002–2017) CA 2 (1976–2013)

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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