void clause (Florida) · Go Syfert
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void clause in Florida

5 Florida opinions name it 2 courts 1894–2018 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
Shotts v. OP Winter Haven, Inc.green
fla · 2011 · cited in 2 Florida opinions naming this issue, 2016–2018
2 sentences

2018The dispositive issue of whether a void clause or clauses invalidate the entire arbitration agreement is whether the offending clause goes to “the very essence of the agreement.” Rockledge NH, LLC v. Miley By & Through Miley, 219 So. 3d 246, 248 (Fla. 5th DCA 2017) (quoting Shotts, 86 So. 3d at 478 ).

2016Shotts v. OP Winter Haven, Inc., 86 So.3d 456, 478 (Fla.2011).

12
Rockledge NH, LLC v. Miley Ex Rel. Mileygreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018The dispositive issue of whether a void clause or clauses invalidate the entire arbitration agreement is whether the offending clause goes to “the very essence of the agreement.” Rockledge NH, LLC v. Miley By & Through Miley, 219 So. 3d 246, 248 (Fla. 5th DCA 2017) (quoting Shotts, 86 So. 3d at 478 ).

11
Estate of Yetta Novosett v. Arc Villages II, LLCgreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Estate of Novosett v. Arc Villages II, LLC, 189 So.3d 895, 896 (Fla. 5th DCA 2016).

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
Nationwide Mut. Fire Ins. Co. v. Robinson green
fladistctapp · 2003
1 sentence

2004The Fourth District held: While Florida Rule of Civil Procedure 1.380 permits the striking of "pleadings" as a discovery sanction in certain instances, it does not allow a defense to be stricken so as to validate and breathe new life into a void claim. 851 So.2d at 890 .

12004–2004
Donald v. State neutral
fla · 1893
1 sentence

1894State, 31 Fla., 255 , 12 South Rep., 695, the statute of June 6th, 1891, under which this indictment was found, was considered, and in so far as it provided that a grand jury should consist of twelve members, was held to be operative and separable from the void clause as to eight members being sufficient to find an indictment.

11894–1894

Where else courts name it

TX 9 (1933–1968) NY 8 (1898–2023) FL 5 (1894–2018) MO 4 (1951–2009) NC 4 (1918–1998) IL 2 (1927–1938) CA 2 (2015–2023) TN 2 (2003–2007) AL 2 (1928–1983) OH 2 (2007–2008) WA 2 (1926–1980) WI 2 (1927–2008)

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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