Florida Case Commentaries

Affirmation of Capital Sentencing Standards in Bush v. Florida (1985)

Date: Feb 1, 1985

Affirmation of Capital Sentencing Standards in Bush v. Florida (1985) Introduction Bush v. State of Florida, 461 So.2d 936 (1985), adjudicated by the Supreme Court of Florida, is a seminal case that...

Defining Real and Substantial Benefit in Municipal Double Taxation Claims: Analysis of Town of Palm Beach v. Palm Beach County

Date: Jan 16, 1985

Defining Real and Substantial Benefit in Municipal Double Taxation Claims: Analysis of Town of Palm Beach et al. v. Palm Beach County et al. 1. Introduction The case of Town of Palm Beach et al. v....

Reaffirmation of the Prohibition on Fraud-Based Class Actions in Separate Contracts: LANCE v. WADE

Date: Nov 16, 1984

Reaffirmation of the Prohibition on Fraud-Based Class Actions in Separate Contracts: LANCE v. WADE Introduction The case of Joseph T. Lance, et al., Petitioners, v. Charles H. Wade, et al.,...

Reaffirmation of Gross Negligence Standard for Punitive Damages in White Construction Co. v. Dupont

Date: Oct 12, 1984

Reaffirmation of Gross Negligence Standard for Punitive Damages in White Construction Co. v. Dupont Introduction The case of White Construction Co., Inc.; and Limerock Industries, Inc., Petitioners,...

Florida Supreme Court Establishes New Standards for Peremptory Challenges in Jury Selection

Date: Sep 28, 1984

Florida Supreme Court Establishes New Standards for Peremptory Challenges in Jury Selection Introduction The case of State of Florida v. Jack Neil, decided by the Supreme Court of Florida on...

Balancing Pretrial Publicity and Defendant's Rights: Comprehensive Analysis of Bundy v. State of Florida

Date: Sep 25, 1984

Balancing Pretrial Publicity and Defendant's Rights: Comprehensive Analysis of Bundy v. State of Florida Introduction The case of Theodore Robert Bundy v. State of Florida (455 So.2d 330) adjudicated...

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...