Florida Case Commentaries

Extraterritorial Application of Florida's Fish Trap Law Requires Clear Legislative Intent

Date: Sep 11, 1984

Extraterritorial Application of Florida's Fish Trap Law Requires Clear Legislative Intent Introduction The case of Southeastern Fisheries Association, Inc., et al., Petitioners, v. Department of...

Affirmation of Death Penalty for Accomplice Liability under Florida Law: Davidson Joel James v. State of Florida

Date: Aug 31, 1984

Affirmation of Death Penalty for Accomplice Liability under Florida Law Introduction Davidson Joel James v. State of Florida is a landmark case adjudicated by the Supreme Court of Florida on August...

Enhanced Standards for Evaluating Ineffective Assistance of Counsel: Insights from DOWNS v. STATE of Florida

Date: Aug 29, 1984

Enhanced Standards for Evaluating Ineffective Assistance of Counsel: Insights from DOWNS v. STATE of Florida Introduction DOWNS v. STATE of Florida, 453 So. 2d 1102 (Fla. 1984), is a pivotal case...

Affirmation of Death Sentence Based on Aggravating Factors in BLANCO v. STATE of Florida

Date: Jul 27, 1984

Affirmation of Death Sentence Based on Aggravating Factors in BLANCO v. STATE of Florida Introduction Omar BLANCO v. STATE of Florida, 452 So. 2d 520 (1984), is a significant case adjudicated by the...

Government Employees Insurance Co. v. Novak: Broadened Interpretation of 'Accident' in PIP Coverage

Date: Jul 13, 1984

Government Employees Insurance Co. v. Novak: Broadened Interpretation of 'Accident' in PIP Coverage Introduction The case of Government Employees Insurance Company v. Daniel M. Novak represents a...

Piercing the Corporate Veil: Insights from Dania Jai-Alai Palace v. Sykes

Date: Jun 28, 1984

Piercing the Corporate Veil: Insights from DANIA JAI-ALAI PALACE, INC. v. SYKES Introduction The case of Dania Jai-Alai Palace, Inc., Carrousel Concessions, Inc., and Saturday Corporation v. Gladys...

Limiting Fraud on the Court: Insights from DeCLAIRE v. Yohananan

Date: Jun 8, 1984

Limiting Fraud on the Court: Insights from DeCLAIRE v. Yohananan Introduction The case of George F. DeCLAIRE v. Donna DeCLAIRE YOHANAN, decided by the Supreme Court of Florida on June 7, 1984 (453...

Discovery Privilege in Defamation Actions: Evelyn Holly v. Albert W. Auld Establishes Broad Scope

Date: May 4, 1984

Discovery Privilege in Defamation Actions: Evelyn Holly v. Albert W. Auld Establishes Broad Scope Introduction The case of Eugene Holly, M.D. v. Albert W. Auld, M.D., adjudicated by the Supreme Court...

Admissibility of Collateral Crime Evidence for Establishing Motive: Heiney v. State

Date: Apr 20, 1984

Admissibility of Collateral Crime Evidence for Establishing Motive: Heiney v. State Introduction Heiney v. State, 447 So.2d 210 (Fla. 1984), is a landmark case adjudicated by the Supreme Court of...

Establishing Reasonable Foreseeability in Aggravating Circumstances: Supreme Court of Florida in Lusk v. State

Date: Apr 11, 1984

Establishing Reasonable Foreseeability in Aggravating Circumstances: Supreme Court of Florida in Lusk v. State Introduction Lusk v. State, 446 So. 2d 1038 (Fla. 1984), is a landmark decision by the...

Mandatory Compliance with Sentencing Criteria for Juveniles: RHODEN v. STATE

Date: Apr 6, 1984

Mandatory Compliance with Sentencing Criteria for Juveniles: RHODEN v. STATE Introduction The case of State of Florida v. LeArnath Rhoden, decided by the Supreme Court of Florida on April 5, 1984,...

Florida Supreme Court Upholds 'More Likely Than Not' Standard in Wrongful Death Actions

Date: Mar 23, 1984

Florida Supreme Court Upholds 'More Likely Than Not' Standard in Wrongful Death Actions Introduction In the landmark case Gooding v. University Hospital Building, Inc. (445 So. 2d 1015), the Supreme...

Imposition of Special Costs on Indigent Defendants: Insights from JENKINS v. STATE

Date: Jan 20, 1984

Imposition of Special Costs on Indigent Defendants: Insights from JENKINS v. STATE Introduction JENKINS v. STATE, 444 So.2d 947 (Fla. 1984), is a landmark decision by the Supreme Court of Florida...

Inverse Condemnation and Res Judicata: ALBRECHT v. STATE of Florida Analysis

Date: Jan 13, 1984

Inverse Condemnation and Res Judicata: ALBRECHT v. STATE of Florida Analysis Introduction The case Albrecht, George, et al. v. State of Florida, 444 So.2d 8 (Fla. 1984), adjudicated by the Supreme...

Lack of Remorse Not Considered as Aggravating Factor in Capital Sentencing: Pope v. State of Florida

Date: Jan 12, 1984

Lack of Remorse Not Considered as Aggravating Factor in Capital Sentencing: Pope v. State of Florida Introduction Case Citation: Thomas Dewey Pope, Appellant, v. State of Florida, Appellee. (441 So....

Enhanced Standards for Judicial Recusal: Livingston v. State of Florida

Date: Jan 12, 1984

Enhanced Standards for Judicial Recusal: Livingston v. State of Florida Introduction The case of Connie Moore Livingston v. State of Florida (441 So. 2d 1083, Supreme Court of Florida, 1984) presents...

Supreme Court of Florida Affirms Death Sentence in Ian Lightbourne v. State of Florida

Date: Oct 27, 1983

Supreme Court of Florida Affirms Death Sentence in Ian Lightbourne v. State of Florida Introduction Parties Involved: Ian Lightbourne (Appellant) vs. State of Florida (Appellee). Case Overview: Ian...

BELL v. STATE of Florida: Reinforcing Double Jeopardy Protections in Multiple Convictions for Lesser Included Offenses

Date: Oct 12, 1983

BELL v. STATE of Florida: Reinforcing Double Jeopardy Protections in Multiple Convictions for Lesser Included Offenses Introduction The Supreme Court of Florida's 1983 decision in Johnny Lee BELL v....

Insurance Coverage of Punitive Damages under Vicarious Liability: U.S. Concrete Pipe Co. v. Bould

Date: Oct 12, 1983

Insurance Coverage of Punitive Damages under Vicarious Liability: U.S. Concrete Pipe Co. v. Bould Introduction The case of U.S. Concrete Pipe Company, etc., et al. versus Dorothy Bould and Edward...

Clarifying the Limits of Successive Motions under Rule 3.850: McCRAE v. STATE of Florida

Date: Sep 16, 1983

Clarifying the Limits of Successive Motions under Rule 3.850: McCRAE v. STATE of Florida Introduction McCRAE v. STATE of Florida (437 So. 2d 1388) is a landmark decision by the Supreme Court of...

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