substantive right immunity (Florida) · Go Syfert
← Florida issues

substantive right immunity in Florida

5 Florida opinions name it 2 courts 2015–2019 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
United States v. Mariongreen
scotus · 1971 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See United States v. Marion, 404 U.S. 307, 320 (1971).1 Using formal arrest to start the procedural speedy trial period would best match our procedural rule to the substantive right that the rule is designed to protect.

11
White v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Petersburg, 135 So.3d 496, 498-99 (Fla. 2d DCA 2014) (granting petition for writ of mandamus to compel circuit court to grant fee waivers to appellants in a civil case); Keene v. Nudera, 661 So.2d 40, 43 (Fla. 2d DCA 1995) (holding that section 57.081(1) gives “indigent litigants a substantive right to the waiver of appellate filing fees”); accord Wagner v. McDonough, 927 So.2d 216, 217 (Fla. 1st DCA 2006) (quashing an order imposing a lien for costs and fees associated with an appeal from a disciplinary action taken against the defendant by the Department of Corrections).

11
Wagner v. McDonoughgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Petersburg, 135 So.3d 496, 498-99 (Fla. 2d DCA 2014) (granting petition for writ of mandamus to compel circuit court to grant fee waivers to appellants in a civil case); Keene v. Nudera, 661 So.2d 40, 43 (Fla. 2d DCA 1995) (holding that section 57.081(1) gives “indigent litigants a substantive right to the waiver of appellate filing fees”); accord Wagner v. McDonough, 927 So.2d 216, 217 (Fla. 1st DCA 2006) (quashing an order imposing a lien for costs and fees associated with an appeal from a disciplinary action taken against the defendant by the Department of Corrections).

11
Ledger v. City of St. Petersburggreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Petersburg, 135 So.3d 496, 498-99 (Fla. 2d DCA 2014) (granting petition for writ of mandamus to compel circuit court to grant fee waivers to appellants in a civil case); Keene v. Nudera, 661 So.2d 40, 43 (Fla. 2d DCA 1995) (holding that section 57.081(1) gives “indigent litigants a substantive right to the waiver of appellate filing fees”); accord Wagner v. McDonough, 927 So.2d 216, 217 (Fla. 1st DCA 2006) (quashing an order imposing a lien for costs and fees associated with an appeal from a disciplinary action taken against the defendant by the Department of Corrections).

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
Love v. State green
fladistctapp · 2018
2 sentences

2019Love, 247 So. 3d at 611 .3 The Third District next disagreed with the trial court’s conclusion that the 2017 amendment was procedural.

2018We agree with the third district in Love that the amendment’s procedural provisions are intertwined with substantive rights. 247 So. 3d at 611 .

22018–2019
Jared Bretherick v. State of Florida red
fla · 2015
1 sentence

2018In addition, section 776.032(4) does not conflict with any rule of procedure promulgated by the Florida Supreme Court because no such rule was added to the Florida Rules of Criminal procedure regarding section 776.032 before subsection (4), nor was there a rule of procedure set forth by the Legislature before January 2017.2 The Legislature, thus, had the constitutional authority to enact the burden of proof provision of section 776.032(4) in order to give effect to the substantive right to immunity in the Stand Your Ground statute.3 2With respect to the burden of proof in pretrial Stand Your G

12018–2018

Statutes the citing opinions construe

FL § 776.013 (3) FL § 776.032 (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

NJ 5 (1979–2022) FL 5 (2015–2019) CA 3 (1939–1993) AL 3 (1924–1925) TX 2 (1999–2000)

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