Florida Case Commentaries

Affirmation of Trial Court's Denial of Postconviction Relief in WATERHOUSE v. STATE

Date: Aug 24, 2001

Affirmation of Trial Court's Denial of Postconviction Relief in WATERHOUSE v. STATE Introduction WATERHOUSE v. STATE (792 So. 2d 1176) is a seminal decision by the Supreme Court of Florida addressing...

Equitable Estoppel Remains Viable Despite Strict Statutory Tolling in Florida

Date: Jul 13, 2001

Equitable Estoppel Remains Viable Despite Strict Statutory Tolling in Florida Introduction The case of MORSANI v. MAJOR LEAGUE BASEBALL, decided by the Supreme Court of Florida on July 12, 2001,...

Accrual of Negligence Claims and Judicial Estoppel in Insurance Cases: Blumberg v. USAA Casualty Insurance Co.

Date: Jul 13, 2001

Accrual of Negligence Claims and Judicial Estoppel in Insurance Cases: Blumberg v. USAA Casualty Insurance Co. Introduction The case of Richard Blumberg v. USAA Casualty Insurance Company, reported...

Harris v. State of Florida: Limitation of Habeas Corpus in Addressing Procedural Rights During Resentencing

Date: Jun 22, 2001

Harris v. State of Florida: Limitation of Habeas Corpus in Addressing Procedural Rights During Resentencing Introduction In Leonard A. Harris v. State of Florida (789 So. 2d 1114), the District Court...

Florida Supreme Court Affirms Limitations on Homestead Exemption Amidst Fraudulent Conveyances

Date: Jun 22, 2001

Florida Supreme Court Affirms Limitations on Homestead Exemption Amidst Fraudulent Conveyances Introduction In the landmark case of Havoco of America, Ltd. v. Elmer C. Hill, the Supreme Court of...

Standard of Certiorari Review in Land Use Decisions: Broward County v. G.B.V. International

Date: Jun 8, 2001

Standard of Certiorari Review in Land Use Decisions: Broward County v. G.B.V. International Introduction In Broward County, Petitioner, v. G.B.V. International, Ltd., 787 So. 2d 838 (Fla. 2001), the...

Affirmation of Effective Counsel's Strategic Concessions in Penalty Phase: ATWATER v. STATE of Florida

Date: Jun 8, 2001

Affirmation of Effective Counsel's Strategic Concessions in Penalty Phase: ATWATER v. STATE of Florida Introduction Jeffrey Lee Atwater was convicted of first-degree murder and robbery in the State...

Clarifying the Correction of Illegal Habitual Offender Sentences in Life Felony Cases: Analysis of CARTER v. STATE

Date: May 25, 2001

Clarifying the Correction of Illegal Habitual Offender Sentences in Life Felony Cases: Analysis of CARTER v. STATE Introduction CARTER v. STATE, 786 So. 2d 1173 (Fla. 2001), is a landmark decision by...

Presumption of Negligence for Rear Drivers: Insights from Clampitt v. Spencer Sales

Date: May 11, 2001

Presumption of Negligence for Rear Drivers: Insights from Clampitt v. Spencer Sales Introduction Clampitt v. Spencer Sales (786 So. 2d 570, Supreme Court of Florida, 2001) is a landmark case that...

Affirmation of Denial of Postconviction Relief: Strickland Analysis in Capital Sentencing

Date: May 4, 2001

Affirmation of Denial of Postconviction Relief: Strickland Analysis in Capital Sentencing Introduction George Porter, Jr., a death row inmate in Florida, appealed the denial of his motion for...

Glatzmayer Decision: Police Obligations When Suspect Inquires About Counsel Post-Miranda Waiver

Date: May 4, 2001

Glatzmayer Decision: Police Obligations When Suspect Inquires About Counsel Post-Miranda Waiver Introduction The case of State of Florida v. Brian L. Glatzmayer (789 So. 2d 297) adjudicated by the...

Reaffirmation of Felony Murder and Death Penalty Proportionality in Stephens v. State of Florida

Date: Mar 16, 2001

Reaffirmation of Felony Murder and Death Penalty Proportionality in Stephens v. State of Florida Introduction Jason Demetrius Stephens v. State of Florida, 787 So. 2d 747 (2001), adjudicated by the...

Supreme Court of Florida Affirms CDA §230 Immunity for ISPs in DOE v. AMERICA ONLINE, INC.

Date: Mar 9, 2001

Supreme Court of Florida Affirms CDA §230 Immunity for ISPs in DOE v. AMERICA ONLINE, INC. Introduction In DOE v. AMERICA ONLINE, INC., 783 So. 2d 1010 (Fla. 2001), the Supreme Court of Florida...

Establishing Premeditation and Conspiracy in Capital Murder: Comprehensive Commentary on Donald Lee Bradley v. State of Florida

Date: Mar 2, 2001

Establishing Premeditation and Conspiracy in Capital Murder: Comprehensive Commentary on Donald Lee Bradley v. State of Florida Introduction The case of Donald Lee Bradley v. State of Florida (787...

Establishing Presumption of Tenancy by the Entireties in Joint Bank Accounts: Insights from Beal Bank, SSB v. Almand and Associates

Date: Mar 2, 2001

Establishing Presumption of Tenancy by the Entireties in Joint Bank Accounts: Insights from Beal Bank, SSB v. Almand and Associates Introduction The Supreme Court of Florida's decision in Beal Bank,...

Affirming Death Penalty: Standards for Avoid Arrest and CCP Aggravators in Foster v. State

Date: Jan 23, 2001

Affirming Death Penalty: Standards for Avoid Arrest and CCP Aggravators in Foster v. State Introduction Foster v. State, 778 So. 2d 906 (2001), is a pivotal case in the Supreme Court of Florida that...

Establishing Mandatory Presentence Investigations in Capital Cases: Muhammad v. State of Florida

Date: Jan 19, 2001

Establishing Mandatory Presentence Investigations in Capital Cases: Muhammad v. State of Florida Introduction Akeem Muhammad v. State of Florida (782 So. 2d 343) is a landmark decision by the Supreme...

Establishing Class Action Certification under Florida Deceptive and Unfair Trade Practices Act Without Individual Reliance

Date: Dec 30, 2000

Establishing Class Action Certification under Florida Deceptive and Unfair Trade Practices Act Without Individual Reliance Introduction In the landmark case of Raymond T. Davis and William R. Eddy v....

Delgado v. State of Florida: Narrowing the 'Remaining In' Standard in Burglary

Date: Dec 15, 2000

Delgado v. State of Florida: Narrowing the 'Remaining In' Standard in Burglary Introduction JESUS DELGADO v. STATE OF FLORIDA (776 So. 2d 233) is a landmark decision by the Supreme Court of Florida...

Expansion of Attorney's Fees Recovery Under Florida PIP Law in ALLSTATE INSURANCE CO. v. IVEY

Date: Dec 8, 2000

Expansion of Attorney's Fees Recovery Under Florida PIP Law in ALLSTATE INSURANCE CO. v. IVEY Introduction Farren Ivey v. Allstate Insurance Co., decided on December 7, 2000, by the Supreme Court of...

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