pre-existing claim (Florida) · Go Syfert
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pre-existing claim in Florida

5 Florida opinions name it 4 courts 1978–2018 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 (3)

CaseFollowedCited
Bankston v. Brennangreen
fla · 1987 · cited in 2 Florida opinions naming this issue, 2018–2018
2 sentences

2018Although this Court has at times heralded the search for legislative “intent” as the first step and ultimate goal of all statutory analysis, see, e.g., Bankston v. Brennan, 507 So. 2d 1385, 1387 (Fla. 1987), we have also treated inquiry into the Legislature’s “intent” as a secondary analysis to be employed when construing an ambiguous statute.

2018Although this Court has at times heralded the search for legislative "intent" as the first step and ultimate goal of all statutory analysis, see, e.g. , Bankston v. Brennan , 507 So.2d 1385 , 1387 (Fla. 1987), we have also treated inquiry into the Legislature's "intent" as a secondary analysis to be employed *733 when construing an ambiguous statute.

12
Shaffer v. Heitnergreen
scotus · 1977 · cited in 1 Florida opinions naming this issue, 1991–1991
2 sentences

1991In the other the plaintiff seeks to apply what he concedes to be the property of the defendant to the satisfaction of a claim against him." (emphasis added.) Shaffer v. Heitner, 433 U.S. 186, 199, n. 17 , 97 S.Ct. 2569, 2577, n. 17 , 53 L.Ed.2d 683, 694, n. 17 (1977).

1991In the other the plaintiff seeks to apply what he concedes to be the property of the defendant to the satisfaction of a claim against him." (emphasis added.) Shaffer v. Heitner, 433 U.S. 186, 199, n. 17 , 97 S.Ct. 2569, 2577, n. 17 , 53 L.Ed.2d 683, 694, n. 17 (1977).

11
Breeze v. United Statesgreen
scotus · 1977 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990Shaffer v Heitner, 97 S.Ct. at 2577, n.17 .

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
Bohlman v. Big River Oil Company green
nd · 1963
1 sentence

1978Bohlman v. Big River Oil Company, 124 N.W. 2d 835, 837 , A compromise and settlement operates as a merger and is substituted for the pre-existing claim or right, and the rights and liabilities of the parties are measured and limited by the terms of the agreement.

11978–1978
Production Credit Association of Minot v. Geving green
nd · 1974
1 sentence

1978Production Credit Association v. Geving, 218 N. W. 2d 185, 194 .

11978–1978

Where else courts name it

NY 12 (1887–2013) MN 8 (2005–2025) TX 7 (1980–2020) OH 7 (1878–2021) MS 6 (1970–2023) IL 6 (1933–2022) FL 5 (1978–2018) CA 4 (1900–1971) CO 3 (1945–2003) AK 3 (1988–1995) AL 2 (1898–1923) MD 2 (1979–1999) NC 2 (1895–1997) NH 2 (2005–2014) GA 2 (1978–1997) NJ 2 (1968–2003) MO 2 (1978–1996) LA 2 (1913–1993) IN 2 (1998–2017) VA 2 (1919–2003) MT 2 (1990–1991)

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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