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5 Florida opinions name it 1 courts 1987–1996 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.
| Case | Followed | Cited |
|---|---|---|
Hofer v. Rossgreen1 sentence1987Though the voluntarily dismissed cause has no effect upon the limitations period, Fernon v. Itkin, 476 F.Supp. 1 (M.D.Fla.1977), aff’d, 604 F.2d 669 (5th Cir.1979); see also Hamilton v. Largo Paint & Decorating, Inc., 335 So.2d 623 (Fla. 2d DCA 1976), and thus the statute of limitations bar might present a valid affirmative defense if asserted by the appellants upon the re-filing of this action, cf. Hofer v. Ross, 481 So.2d 939 (Fla. 2d DCA 1985) (statute of limitations is an affirmative defense which must be pled by the defendant to be a valid defense), it has no impact upon a determination o | 1 | 1 |
Cuozzo v. Ronan & Kunzl, Inc.green1 sentence1987While a customer’s comparative negligence is a valid affirmative defense in a negligence action against a bank, cf. Key Bank v. First United Land Title Co., 502 So.2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So.2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So.2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So.2d 313 (Fla. 5th DCA 1983) (same), th | 1 | 1 |
Hamilton v. Largo Paint & Decorating, Inc.green1 sentence1987Though the voluntarily dismissed cause has no effect upon the limitations period, Fernon v. Itkin, 476 F.Supp. 1 (M.D.Fla.1977), aff’d, 604 F.2d 669 (5th Cir.1979); see also Hamilton v. Largo Paint & Decorating, Inc., 335 So.2d 623 (Fla. 2d DCA 1976), and thus the statute of limitations bar might present a valid affirmative defense if asserted by the appellants upon the re-filing of this action, cf. Hofer v. Ross, 481 So.2d 939 (Fla. 2d DCA 1985) (statute of limitations is an affirmative defense which must be pled by the defendant to be a valid defense), it has no impact upon a determination o | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Windle v. Sebold
green
2 sentences1989Windle v. Sebold, 241 So.2d 165 (Fla. 4th DCA 1970). 1989Windle v. Sebold, 241 So.2d 165 (Fla. 4th DCA 1970). | 2 | 1989–1989 |
Gardner v. State
green
1 sentence1996Gardner v. State, 480 So.2d 91 (Fla. 1985). | 1 | 1996–1996 |
Peavey v. City of Miami Magic City Airways, Inc.
green
2 sentences1987Since CGS & L did not present any evidence to establish that the city was negligent either in its accounting procedures or in hiring the embezzler and since the evidence presented by the city did not suggest that there was. any negligence on its part, see Peavey v. City of Miami, 146 Fla. 629 , 1 So.2d 614 (1941), the trial court properly determined that the city was not comparatively negligent. 1987Since CGS & L did not present any evidence to establish that the city was negligent either in its accounting procedures or in hiring the embezzler and since the evidence presented by the city did not suggest that there was. any negligence on its part, see Peavey v. City of Miami, 146 Fla. 629 , 1 So.2d 614 (1941), the trial court properly determined that the city was not comparatively negligent. | 1 | 1987–1987 |
Fernon v. Itkin
green
1 sentence1987Though the voluntarily dismissed cause has no effect upon the limitations period, Fernon v. Itkin, 476 F.Supp. 1 (M.D.Fla.1977), aff’d, 604 F.2d 669 (5th Cir.1979); see also Hamilton v. Largo Paint & Decorating, Inc., 335 So.2d 623 (Fla. 2d DCA 1976), and thus the statute of limitations bar might present a valid affirmative defense if asserted by the appellants upon the re-filing of this action, cf. Hofer v. Ross, 481 So.2d 939 (Fla. 2d DCA 1985) (statute of limitations is an affirmative defense which must be pled by the defendant to be a valid defense), it has no impact upon a determination o | 1 | 1987–1987 |
Mize v. Toro Co.
green
1 sentence1987Though the voluntarily dismissed cause has no effect upon the limitations period, Fernon v. Itkin, 476 F.Supp. 1 (M.D.Fla.1977), aff’d, 604 F.2d 669 (5th Cir.1979); see also Hamilton v. Largo Paint & Decorating, Inc., 335 So.2d 623 (Fla. 2d DCA 1976), and thus the statute of limitations bar might present a valid affirmative defense if asserted by the appellants upon the re-filing of this action, cf. Hofer v. Ross, 481 So.2d 939 (Fla. 2d DCA 1985) (statute of limitations is an affirmative defense which must be pled by the defendant to be a valid defense), it has no impact upon a determination o | 1 | 1987–1987 |
First Nat. Bank v. Keshishian
green
1 sentence1987While a customer’s comparative negligence is a valid affirmative defense in a negligence action against a bank, cf. Key Bank v. First United Land Title Co., 502 So.2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So.2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So.2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So.2d 313 (Fla. 5th DCA 1983) (same), th | 1 | 1987–1987 |
Key Bank v. First United Land Title Co.
green
1 sentence1987While a customer’s comparative negligence is a valid affirmative defense in a negligence action against a bank, cf. Key Bank v. First United Land Title Co., 502 So.2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So.2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So.2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So.2d 313 (Fla. 5th DCA 1983) (same), th | 1 | 1987–1987 |
Ossip-Harris Ins., Inc. v. BARNETT BANK OF SO. FLA., NA
green
1 sentence1987While a customer’s comparative negligence is a valid affirmative defense in a negligence action against a bank, cf. Key Bank v. First United Land Title Co., 502 So.2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So.2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So.2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So.2d 313 (Fla. 5th DCA 1983) (same), th | 1 | 1987–1987 |
Flagship Bank of Seminole v. Complete Interiors, Inc.
green
1 sentence1987While a customer’s comparative negligence is a valid affirmative defense in a negligence action against a bank, cf. Key Bank v. First United Land Title Co., 502 So.2d 1280 (Fla. 2d DCA 1987) (customer’s negligence in hiring forger); Flagship Bank v. Complete Interiors, Inc., 450 So.2d 337 (Fla. 5th DCA 1984) (same); Ossip-Harris Ins., Inc. v. Barnett Bank, N.A., 428 So.2d 363 (Fla. 3d DCA 1983) (customer’s negligent failure to promptly reconcile bank statements as required by section 674.406, Florida Statutes (1981)); First Nat’l Bank v. Keshishian, 427 So.2d 313 (Fla. 5th DCA 1983) (same), th | 1 | 1987–1987 |
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.