688 So. 2d 1006 - Stone v. State’s Empirical Analysis

Citation profile

90 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t appears to be the state's position that the recent amendments to chapter 924, Florida Statutes ( see ch. 96-248, at 953-57, Laws of Fla.), deprive this court of jurisdiction to hear this appeal because appellant failed to preserve any "legally dispositive issue" for review, as contemplated by section 924.051(4), Florida Statutes (Supp.1996). .... "Jurisdiction over the subject matter refers to a court's power to hear and determine a controversy.... Generally, it is tested by the good faith allegations, initially pled, and is not dependent upon the ultimate disposition of the lawsuit." Calhoun v. New Hampshire Ins. Co., 354 So.2d 882, 883 (Fla.1978) (citations omitted). "Jurisdiction of the subject matter does not mean jurisdiction of the particular case but of the class of cases to which the particular controversy belongs." Lusker v. Guardianship of Lusker, 434 So.2d 951, 953 (Fla. 2d DCA 1983). The rule that error must, except when it is "fundamental," be presented to, and ruled on by, the lower tribunal before it will be treated as preserved for purposes of appellate review is precisely that—a rule, created by the courts to promote fairness and judicial economy. See, e.g., Castor v. State, 365 So.2d 701 (Fla.1978) (rule that claimed error must be presented to and ruled upon by lower tribunal to be preserved for appeal based on considerations of basic fairness and judicial economy). We do not perceive chapter 924, as recently amended, as intended to limit appellate subj”

   4 later decisions quote this exact passage
   e.g. Thompson v. State · 724 So. 2d 105 - Jefferson v. State

2. “under such circumstances, the defendant's appeal must be dismissed for lack of jurisdiction. We disagree. As the First District stated in Stone v. State, 688 So.2d 1006 (Fla. 1st DCA 1997): [1] [I]t appears to be the state's position that the recent amendments to chapter 924, Florida Statutes ( see ch. 96-248, at 953-57, Laws of Fla.), deprive this court of jurisdiction to hear this appeal because appellant failed to preserve any”

   1 later decision quote this exact passage
   e.g. 724 So. 2d 105 - Jefferson v. State

3. “for review, as contemplated by section 924.051(4), Florida Statutes (Supp.1996). ....”

   1 later decision quote this exact passage
   e.g. 724 So. 2d 105 - Jefferson v. State