rather fundamental principle (Florida) · Go Syfert
← Florida issues

rather fundamental principle in Florida

5 Florida opinions name it 1 courts 2000–2022 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 (4)

CaseFollowedCited
Ayer v. Bushgreen
fladistctapp · 2000 · cited in 4 Florida opinions naming this issue, 2012–2022
2 sentences

2022“It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time [later in the appeal].” Ayer v. Bush, 775 So. 2d 368, 370 (Fla. 4th DCA 2000).

2017Dist., 176 So.3d 998 , 1005 n.3 (Fla. 3d DCA 2015) (holding that an argument raised for the first time in a motion for rehearing was waived), review denied, SC15-1994, 2016 WL 1065552 (Fla. Mar. 16, 2016); Tillery v. Fla. Dep’t of Juvenile Justice, 104 So.3d 1253, 1255 (Fla. 1st DCA 2013) (“[A]n argument not raised in an initial brief is waived.”); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 949 (Fla. 4th DCA 2012) (“It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time on a motion for rehearing

44
Tillery v. Florida Department of Juvenile Justicegreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Dist., 176 So.3d 998 , 1005 n.3 (Fla. 3d DCA 2015) (holding that an argument raised for the first time in a motion for rehearing was waived), review denied, SC15-1994, 2016 WL 1065552 (Fla. Mar. 16, 2016); Tillery v. Fla. Dep’t of Juvenile Justice, 104 So.3d 1253, 1255 (Fla. 1st DCA 2013) (“[A]n argument not raised in an initial brief is waived.”); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 949 (Fla. 4th DCA 2012) (“It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time on a motion for rehearing

11
Philip Morris USA, Inc. v. Nauglegreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Dist., 176 So.3d 998 , 1005 n.3 (Fla. 3d DCA 2015) (holding that an argument raised for the first time in a motion for rehearing was waived), review denied, SC15-1994, 2016 WL 1065552 (Fla. Mar. 16, 2016); Tillery v. Fla. Dep’t of Juvenile Justice, 104 So.3d 1253, 1255 (Fla. 1st DCA 2013) (“[A]n argument not raised in an initial brief is waived.”); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 949 (Fla. 4th DCA 2012) (“It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time on a motion for rehearing

11
Polyglycoat Corp. v. Hirsch Distrib., Inc.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time on a motion for rehearing, see Polyglycoat Corp. v. Hirsch Distributors, Inc., 442 So.2d 958, 960 (Fla. 4th DCA 1983)(on rehearing), and on that basis, the motion was denied summarily.

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 (1)

CaseCitedYears
Dobson v. State green
fladistctapp · 2015
1 sentence

2017Dist., 176 So.3d 998 , 1005 n.3 (Fla. 3d DCA 2015) (holding that an argument raised for the first time in a motion for rehearing was waived), review denied, SC15-1994, 2016 WL 1065552 (Fla. Mar. 16, 2016); Tillery v. Fla. Dep’t of Juvenile Justice, 104 So.3d 1253, 1255 (Fla. 1st DCA 2013) (“[A]n argument not raised in an initial brief is waived.”); Philip Morris USA, Inc. v. Naugle, 103 So.3d 944, 949 (Fla. 4th DCA 2012) (“It is a rather fundamental principle of appellate practice and procedure that matters not argued in the briefs may not be raised for the first time on a motion for rehearing

12017–2017

Where else courts name it

GA 10 (1978–2023) FL 5 (2000–2022) KS 3 (2011–2013) CA 2 (1959–1991)

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.

← Caselaw search · G Cite Topics · Brief Check