LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
1	thus, in light of the supreme court's decision in sanderfoot, we overrule our prior decision in in re pederson, and hold that in a divorce setting as this, mr. catli may not avail himself of 522(f)(1) to avoid mrs. catli's lien.
0	see ibid .
0	the majority's holding that ""a police officer being 'familiar with' a resident of an area where the officer works does not, by itself, reasonably imply a prior bad act by that person"" is contrary to this well-established case law.
1	however, for the reasons already stated, appellate courts should look to the evidence presented at the consolidation or severance hearing, and to the extent that hoyt can be read to permit appellate review of severance issues based only upon the offenses actually elected at the close of the evidence, it is overruled.
0	2. discussion. ordinarily, a guilty plea ""by its terms waives all nonjurisdictional defects.""
0	tellingly, among her original claims against respondents were claims for fraud and nondisclosure that substantially overlap with those she seeks to assert here.
0	see commonwealth v. sadberry, 44 mass. app. ct. 934, 936 (1998) (gun's location near defendant in car was proper consideration on question of dominion and control).
0	united states v. callahan, 801 f.3d 606, 616 (6th cir. 2015).
0	contrary to applicant's assertion, the legal basis for his claim existed at the time of his direct appeal and initial habeas application.
0	the prosecutor followed this up by saying:
0	see garrett v. garrett, 111 nev. 972, 973-74, 899 p.2d 1112, 1113-14 (1995) (explaining that the statutory cap is the amount that is established by the nrs 125b.070 formula and serves as the starting point from which the court must begin its calculations when allowing any deviations).
0	see minn. r. evid. 801(d)(1)(b) (""a statement is not hearsay if . . . [t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is . . . consistent with the declarant's testimony and helpful to the trier of fact in evaluating the declarant's credibility as a witness."").
1	to the extent that dorgan v. dorgan, 811 so.2d 552 (ala.civ.app. 2001), held to the contrary by indicating that a trial court's determination of a parent's underemployment requires a written finding that application of the child-support guidelines would be unjust or inappropriate, its holding is inconsistent with rule 32(b)(5), ala. r. jud. admin., and dorgan is hereby overruled to that extent.
1	to the extent that jackson is inconsistent with this holding, it is overruled.
1	to the extent hanley suggests abatement of a california action is mandatory rather than discretionary, where there is a prior action pending between the same parties in a foreign jurisdiction, we disavow it.
1	for that reason, insofar as berry v. struble, supra, 20 cal.app.2d 299, holds that even apart from the application of section 1542 the release cannot be avoided, it and the cases following it on this point are disapproved.
0	6 the moshiers contend that the district court erred in granting fisher's motion for summary judgment because (1) a six-year, rather than a four-year, statute of limitations applies; (2) the statute of limitations did not begin to run until it was clear that they would not receive the full amount of their claim; and (3) the discovery rule applies, which would delay triggering the statute of limitations.
1	after consideration of that precedent, we now conclude that harp no longer remains good law.
0	id., 43. similar to our review of a suppression motion, we uphold the circuit court's findings of historical fact unless clearly erroneous, then independently apply constitutional principles to those facts.
0	saint v. bledsoe, 416 s.w.3d 98, 112 (tex. app.texarkana 2013, no pet.); see also montalvo v. vela, no. 13-14-00166-cv, 2016 wl 192063, at *4 (tex. app.corpus christi jan. 14, 2016, no pet.) (mem. op.).
0	lopez asks that we reconsider dennis in light of studies that ""conclude children are highly susceptible to suggestive questioning techniques like repetition, guided imagery, and selective reinforcement.""
1	to the extent that either naifeh or dimauro might be construed to stand for the proposition that the district courts lack jurisdiction to consider appeals from refusal by the board to grant a medical license, those opinions are expressly overruled.
1	the writ remains ancillary in nature, as often stated in previous application of the constitutional writs provision, but our decision here represents a departure from, and effectively overrules, such pronouncements as in state ex rel. watson v. lee that the "all writs" provision may not be invoked "until jurisdiction is acquired" over the cause by means of independent appellate proceedings.
0	see in re patillo, 32 s.w.3d 907, 910 (tex. app.corpus christi 2000, orig. proceeding) (striking portions of contempt order requiring relator to remain incarcerated until he pays costs that relator was not actually held in contempt for failing to pay).
1	to the extent it is in conflict with this viewpoint, southern ry. co. v. feldhaus, ky., 261 s.w.2d 308 (1953), is overruled.
0	the commission instead undertakes to ensure ""just and reasonable"" wholesale rates by enhancing competitionattempting, as we recently explained, ""to break down regulatory and economic barriers that hinder a free market in wholesale electricity.""
0	the claim of ineffective assistance of counsel is facially sufficient on sosataquechel's assertion that he would not have entered a plea of guilty, and instead would have chosen to go to trial, had counsel informed him of the claimed defense of self-defense.
0	third, the district court's sanction was not an abuse of discretion.
0	reed lodges several other challenges to the constitutionality of california's capital sentencing scheme, all of which he concedes we have previously rejected.
0	we reject wilder's arguments and affirm.
1	payne is disapproved for two reasons.
1	this instruction was copied from the case of george v. standard slag company, ky., 431 s.w.2d 711, 715 (1968), and we specifically overrule that portion of the case.
1	although judge rucker ably distinguished the factual and procedural situation in lackey from that in this case, we acknowledge the inconsistency identified by sia and hereby disapprove lackey to the extent that it is inconsistent with the holding set forth in the preceding paragraph.
0	a majority of the active judges of this court have voted to dissolve the en banc court.
1	section 6 somewhat codified and modified the cavnar rule by providing that "[j]udgments in wrongful death, personal injury, and property damage cases must include prejudgment interest."
1	because the rule announced in downs was in effect for only about a year, petitioner contends we should overrule that case as having been wrongly decided.
1	we conclude, as did jacobs, that webb changes the analysis, and that besendorfer should no longer be followed.
1	we do not reinstate other portions of davis that have been subsequently overruled.
1	to the extent the decision in babcock v. omansky, 31 cal.app.3d 625 [ 107 cal.rptr. 512], indicates the contrary, it is incorrect.
0	"" 'a contract entered into by a local government without legal authority is ""wholly void,"" ultra vires, and unenforceable.'
0	state v. gonzales, 150 ohio st.3d 276, 2017-ohio-777, 81 n.e.3d 466. (""gonzales ii"").
1	to the extent jensen suggests an inadvertent delay is per se unreasonable, it is disapproved.
1	in so doing, we have decided this case as a full court to recede from lopez v. state, 805 so.2d 41 (fla. 4th dca 2001), which held that it is fundamental error to instruct a jury in burglary cases where the "remaining in" language of the standard instruction is erroneously included.
1	to the extent language in griffiths can be read to suggest that the charge in this case was appropriate, it is hereby overruled.
0	appellate review that is not founded upon any factual findings made at the trial court level, but is based upon an independent review and analysis of the contract within the four corners of the document, is not subject to the manifest error rule of law.
1	accordingly, we approve the first district's decision affirming scantling's sentence and receding from currelly.
1	however, in view of our more recent decisions cited above, it is our opinion that any language in spence inconsistent with such decisions should be overruled, and we so hold.
1	any statements in decisions of the district courts of appeal contrary to the rule announced in this decision are disapproved, e.g., cherry v. hayden, 100 cal.app.2d 416 [ 223 p.2d 878]; popcorn equipment co. v. page, 92 cal.app.2d 448 [ 207 p.2d 647]; olds v. peebler, 66 cal.app.2d 76 [ 151 p.2d 901]; liberty mut. ins. co. v. superior court, 62 cal.app.2d 601 [ 145 p.2d 344]; johnston v. ota, 43 cal.app.2d 94 [ 110 p.2d 507]; estate of fulton, 8 cal.app.2d 423 [ 48 p.2d 120]; plum v. indian valley bank, 118 cal.app. 13 [ 4 p.2d 543].
0	the issue before the supreme court was ""whether the imposition of the death penalty in these cases constitute cruel and unusual punishment in violation of the eighth and fourteenth amendments?"" id.
1	to the extent that other cases may be in conflict with this rule, we would now disapprove demars v. hickey, 13 wyo. 371, 80 p. 521, reh. denied 81 p. 705 (1905); sidlo, simons, day co. v. phillips, 48 wyo. 390, 49 p.2d 243 (1935); and tibbals v. graham.
1	in this regard, we disapprove judge barnes's and the trial court's formulations to the extent that they hold that a cause of action accrues when exposure to asbestos occurs even though a disease does not manifest itself until many years later.
1	therefore, our holding in chaney is overruled.
0	at the more general level, we must examine the disjunctive list of drug types - e.g., cocaine, heroin, methamphetamine - covered by california law.
0	state v. schaller, 975 s.w.2d 313, 318 (tenn.
1	to the extent pharr is inconsistent with this opinion, we disapprove of pharr.
0	see anderson v. state, 18 so.3d 501, 520 (fla.2009) (rejecting a claim of cumulative error when appellant's claims, addressed individually, did not establish ineffective assistance of counsel or that appellant's constitutional rights were violated) (citing israel v. state, 985 so.2d 510, 520 (fla.2008)); suggs v. state, 923 so.2d 419, 441 (fla.2005) (stating the cumulative effect of evidentiary errors and allegations of ineffective assistance of trial counsel will be considered together).
0	respondent clark failed to timely file a brief on appeal within the mandatory time limits of rule 84.05. pursuant to rule 84.05(a), clark was required to file a responsive brief on april 30, 2018, thirty days after the filing of kinsey's brief.
1	we hereby reject that portion of ferguson which is not in accord with this opinion.
0	id. at 438 (citations omitted).
0	on this record, the trial court had no reason to know defendants objected to the limitation imposed by its ruling, and the court had no opportunity to prevent or correct the purported misconduct that defendants assert now on appeal.
0	so, we will evaluate the evidence presented at trial with the jury's accreditation of the state's witnesses in mind.
0	hence he is not entitled to relief on this ground either.
1	accordingly, to the extent that our decision suggested that the economic loss doctrine bars a cutpa claim arising from the breach of a promise to deliver goods even when the breach was accompanied by aggravating circumstances, we conclude that we must overrule it.
0	ultimately, the court found the probative value of the other-crimes evidence outweighed the prejudicial impact.
1	crescent wharf etc. co. v. los angeles, 207 cal. 430 [ 278 p. 1028], fails to consider the above mentioned factors and should be overruled.
0	ibid. ""race is not assigned an explicit numerical value, but it is undisputed that race is a meaningful factor.""
0	of course, public corporations are not invariably regarded as units of the government for purposes of the government speech doctrine.
1	his case overruled an earlier california case of long-standing which had distinguished pension rights on the basis of whether the rights had vested
1	in part, because of such considerations, the basis on which that rule was originally founded has, in the short space of twenty years, fallen into jurisprudential disrepute and is disapproved in the better-considered recent cases and in the authoritative scholarly writings.
1	those decisions are overruled,
1	to the extent that ozuna can be read to hold that the bexar county notice of dismissal apprises parties of the court's intent to dismiss on a ground other than the failure to appear under rule 165a(1), or that knight v. trent, 739 s.w.2d 116 (tex.app. san antonio 1987, no writ), gaebler v. harris, 625 s.w.2d 5 (tex.app.-san antonio 1981, writ ref'd n.r.e.), and laird v. jones, 580 s.w.2d 413 (tex.app.-san antonio 1979, no writ), imply that a party may be charged with such notice, we disapprove of the language of those cases.
1	we overrule norris to the extent that it allows such use.
0	but there is little basis for this belief.
1	contrary statements in our opinions are disapproved.
0	this conclusion is not affected by our supreme court's recognition, subsequent to franko, of a habeas petitioner's right to appeal from the dismissal of his habeas petition even if the habeas court denies his petition for certification to appeal.
0	gallagher was actually a subcontractor with dyntek, which was a contractor with nychh.
0	when asked by the court if she wanted to testify, light answered: ""yeah - i mean - all i want to say is he didn't do it.""
1	a later case, blackwell v. hustler magazine, inc., 633 f. supp. 870, 871 (s.d.miss.
1	the federal circuit's practice is therefore neither compelled by our cases nor supported by the "case or controversy" requirement of article iii.
1	thus, to the extent today's holding rests on a distinction between "traditional" governmental functions and their nontraditional counterparts, see ante, at 344, it cannot be reconciled with prior precedent.
0	no other third floor workers, who also worked without breathing apparatus, complained of respiratory symptoms.
0	jones, slip op. at 16 (citing stinson v. united states, 508 u.s. 36, 45 (1993)).
1	to the extent that the ica's opinion in state v. won , 134 hawai'i 59, 74, 332 p.3d 661, 676 (app. 2014), vacated on other grounds , 137 hawai'i 330, 372 p.3d 1065 (2015), ruled that severino denied an arrestee of a criminal offense the statutory right to access counsel under hrs 803-9, it is overruled.
1	any language contained in snyder, supra, however, which might be read as indicating that rezoning is not legislative for the purpose of exercising the constitutional powers of referendum and initiative is hereby expressly overruled.
1	highlands is therefore overruled, with the approval of the court en banc, with judges byrnes and williams dissenting from the overruling.
1	johnson v. state, supra, is overruled along with its progeny.
0	morris v. bank one, ind., n.a., 789 n.e.2d 68, 73 (ind. ct. app. 2003), trans.
0	finally, clifford sought to initiate a mortgage fraud complaint, and in connection with that he gave a written statement to mary jones in which it appears that he lied when he claimed that neither he nor mary had attended the nautica property closing and when he claimed that he got $312,500 to purchase the nautica property ""[f]rom the proceeds from the farmington hills purchase.""
0	another court even ruled ""that a man acquitted for stealing the horse hath yet been arraigned and convict for stealing the saddle, tho both were done at the same time."" 2 hale, supra, at 246.
1	for this reason we choose to follow it, and disapprove santos, supra, 171 cal.app.3d 67, as an aberration.
0	the process begins with an application for involuntary admission made by an interested person, accompanied by certifications of two health care providers that the individual meets the statutory criteria, and ends with a hearing before an impartial hearing officer to determine whether the criteria are in fact satisfied.
0	2016) (quoting minn. sent. guidelines 2.d.1 (supp.
1	to the extent that lynn strickland deviates from the statutory definition of wantonness, as followed by this court, it is hereby overruled.
1	having considered the present appeal in banc in order to clarify our precedents with respect to the scope of the government's navigational servitude, we now reverse the judgment of the claims court, overrule those portions of pitman and ballam which are inconsistent with the following opinion, and remand this case for further proceedings not inconsistent herewith.
1	in so doing we disapprove the contrary interpretation of the statute announced in honeycutt.
0	., 665 s.w.2d 414, 420 (tex. 1984); see also frazer v. tex. farm bureau mut. ins. co., 4 s.w.3d 819, 823-24 (tex. app.houston [1st dist.] 1999, no pet.) (with use of ""and its affiliated companies,"" release sufficiently identified texas farm bureau underwriters such that its identity is not in doubt.). here, the release clearly and unambiguously stated it applied to all jumpstreet entities that are engaged in the trampoline business.
1	that case did not address an officer-safety justification for the question; however, to the extent lee or any of our other precedent conflict with the rule we announce today, we expressly overrule them.
1	thus both precedent and established principles of judicial construction dictate the conclusion that hurst erred in holding the notice and hearing provisions of the zoning act of 1917 applied to zoning ordinances enacted by initiative.
0	eibl acknowledges that the circuit court asked him whether he had reviewed the elements of the charges with his attorney, and eibl admits that he told the circuit court that he had,
1	we therefore overrule tomco and el farra on this point, and hold that a district court, when presented with a 10(j) petition, need not determine whether there is reasonable cause to believe that an unfair labor practice has been committed.

1

thus, in light of the supreme court's decision in sanderfoot, we overrule our prior decision in in re pederson, and hold that in a divorce setting as this, mr. catli may not avail himself of 522(f)(1) to avoid mrs. catli's lien.

0

see ibid .

0

the majority's holding that ""a police officer being 'familiar with' a resident of an area where the officer works does not, by itself, reasonably imply a prior bad act by that person"" is contrary to this well-established case law.

1

however, for the reasons already stated, appellate courts should look to the evidence presented at the consolidation or severance hearing, and to the extent that hoyt can be read to permit appellate review of severance issues based only upon the offenses actually elected at the close of the evidence, it is overruled.

0

2. discussion. ordinarily, a guilty plea ""by its terms waives all nonjurisdictional defects.""

0

tellingly, among her original claims against respondents were claims for fraud and nondisclosure that substantially overlap with those she seeks to assert here.

0

see commonwealth v. sadberry, 44 mass. app. ct. 934, 936 (1998) (gun's location near defendant in car was proper consideration on question of dominion and control).

0

united states v. callahan, 801 f.3d 606, 616 (6th cir. 2015).

0

contrary to applicant's assertion, the legal basis for his claim existed at the time of his direct appeal and initial habeas application.

0

the prosecutor followed this up by saying:

0

see garrett v. garrett, 111 nev. 972, 973-74, 899 p.2d 1112, 1113-14 (1995) (explaining that the statutory cap is the amount that is established by the nrs 125b.070 formula and serves as the starting point from which the court must begin its calculations when allowing any deviations).

0

see minn. r. evid. 801(d)(1)(b) (""a statement is not hearsay if . . . [t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is . . . consistent with the declarant's testimony and helpful to the trier of fact in evaluating the declarant's credibility as a witness."").

1

to the extent that dorgan v. dorgan, 811 so.2d 552 (ala.civ.app. 2001), held to the contrary by indicating that a trial court's determination of a parent's underemployment requires a written finding that application of the child-support guidelines would be unjust or inappropriate, its holding is inconsistent with rule 32(b)(5), ala. r. jud. admin., and dorgan is hereby overruled to that extent.

1

to the extent that jackson is inconsistent with this holding, it is overruled.

1

to the extent hanley suggests abatement of a california action is mandatory rather than discretionary, where there is a prior action pending between the same parties in a foreign jurisdiction, we disavow it.

1

for that reason, insofar as berry v. struble, supra, 20 cal.app.2d 299, holds that even apart from the application of section 1542 the release cannot be avoided, it and the cases following it on this point are disapproved.

0

6 the moshiers contend that the district court erred in granting fisher's motion for summary judgment because (1) a six-year, rather than a four-year, statute of limitations applies; (2) the statute of limitations did not begin to run until it was clear that they would not receive the full amount of their claim; and (3) the discovery rule applies, which would delay triggering the statute of limitations.

1

after consideration of that precedent, we now conclude that harp no longer remains good law.

0

id., 43. similar to our review of a suppression motion, we uphold the circuit court's findings of historical fact unless clearly erroneous, then independently apply constitutional principles to those facts.

0

saint v. bledsoe, 416 s.w.3d 98, 112 (tex. app.texarkana 2013, no pet.); see also montalvo v. vela, no. 13-14-00166-cv, 2016 wl 192063, at *4 (tex. app.corpus christi jan. 14, 2016, no pet.) (mem. op.).

0

lopez asks that we reconsider dennis in light of studies that ""conclude children are highly susceptible to suggestive questioning techniques like repetition, guided imagery, and selective reinforcement.""

1

to the extent that either naifeh or dimauro might be construed to stand for the proposition that the district courts lack jurisdiction to consider appeals from refusal by the board to grant a medical license, those opinions are expressly overruled.

1

the writ remains ancillary in nature, as often stated in previous application of the constitutional writs provision, but our decision here represents a departure from, and effectively overrules, such pronouncements as in state ex rel. watson v. lee that the "all writs" provision may not be invoked "until jurisdiction is acquired" over the cause by means of independent appellate proceedings.

0

see in re patillo, 32 s.w.3d 907, 910 (tex. app.corpus christi 2000, orig. proceeding) (striking portions of contempt order requiring relator to remain incarcerated until he pays costs that relator was not actually held in contempt for failing to pay).

1

to the extent it is in conflict with this viewpoint, southern ry. co. v. feldhaus, ky., 261 s.w.2d 308 (1953), is overruled.

0

the commission instead undertakes to ensure ""just and reasonable"" wholesale rates by enhancing competitionattempting, as we recently explained, ""to break down regulatory and economic barriers that hinder a free market in wholesale electricity.""

0

the claim of ineffective assistance of counsel is facially sufficient on sosataquechel's assertion that he would not have entered a plea of guilty, and instead would have chosen to go to trial, had counsel informed him of the claimed defense of self-defense.

0

third, the district court's sanction was not an abuse of discretion.

0

reed lodges several other challenges to the constitutionality of california's capital sentencing scheme, all of which he concedes we have previously rejected.

0

we reject wilder's arguments and affirm.

1

payne is disapproved for two reasons.

1

this instruction was copied from the case of george v. standard slag company, ky., 431 s.w.2d 711, 715 (1968), and we specifically overrule that portion of the case.

1

although judge rucker ably distinguished the factual and procedural situation in lackey from that in this case, we acknowledge the inconsistency identified by sia and hereby disapprove lackey to the extent that it is inconsistent with the holding set forth in the preceding paragraph.

0

a majority of the active judges of this court have voted to dissolve the en banc court.

1

section 6 somewhat codified and modified the cavnar rule by providing that "[j]udgments in wrongful death, personal injury, and property damage cases must include prejudgment interest."

1

because the rule announced in downs was in effect for only about a year, petitioner contends we should overrule that case as having been wrongly decided.

1

we conclude, as did jacobs, that webb changes the analysis, and that besendorfer should no longer be followed.

1

we do not reinstate other portions of davis that have been subsequently overruled.

1

to the extent the decision in babcock v. omansky, 31 cal.app.3d 625 [ 107 cal.rptr. 512], indicates the contrary, it is incorrect.

0

"" 'a contract entered into by a local government without legal authority is ""wholly void,"" ultra vires, and unenforceable.'

0

state v. gonzales, 150 ohio st.3d 276, 2017-ohio-777, 81 n.e.3d 466. (""gonzales ii"").

1

to the extent jensen suggests an inadvertent delay is per se unreasonable, it is disapproved.

1

in so doing, we have decided this case as a full court to recede from lopez v. state, 805 so.2d 41 (fla. 4th dca 2001), which held that it is fundamental error to instruct a jury in burglary cases where the "remaining in" language of the standard instruction is erroneously included.

1

to the extent language in griffiths can be read to suggest that the charge in this case was appropriate, it is hereby overruled.

0

appellate review that is not founded upon any factual findings made at the trial court level, but is based upon an independent review and analysis of the contract within the four corners of the document, is not subject to the manifest error rule of law.

1

accordingly, we approve the first district's decision affirming scantling's sentence and receding from currelly.

1

however, in view of our more recent decisions cited above, it is our opinion that any language in spence inconsistent with such decisions should be overruled, and we so hold.

1

any statements in decisions of the district courts of appeal contrary to the rule announced in this decision are disapproved, e.g., cherry v. hayden, 100 cal.app.2d 416 [ 223 p.2d 878]; popcorn equipment co. v. page, 92 cal.app.2d 448 [ 207 p.2d 647]; olds v. peebler, 66 cal.app.2d 76 [ 151 p.2d 901]; liberty mut. ins. co. v. superior court, 62 cal.app.2d 601 [ 145 p.2d 344]; johnston v. ota, 43 cal.app.2d 94 [ 110 p.2d 507]; estate of fulton, 8 cal.app.2d 423 [ 48 p.2d 120]; plum v. indian valley bank, 118 cal.app. 13 [ 4 p.2d 543].

0

the issue before the supreme court was ""whether the imposition of the death penalty in these cases constitute cruel and unusual punishment in violation of the eighth and fourteenth amendments?"" id.

1

to the extent that other cases may be in conflict with this rule, we would now disapprove demars v. hickey, 13 wyo. 371, 80 p. 521, reh. denied 81 p. 705 (1905); sidlo, simons, day co. v. phillips, 48 wyo. 390, 49 p.2d 243 (1935); and tibbals v. graham.

1

in this regard, we disapprove judge barnes's and the trial court's formulations to the extent that they hold that a cause of action accrues when exposure to asbestos occurs even though a disease does not manifest itself until many years later.

1

therefore, our holding in chaney is overruled.

0

at the more general level, we must examine the disjunctive list of drug types - e.g., cocaine, heroin, methamphetamine - covered by california law.

0

state v. schaller, 975 s.w.2d 313, 318 (tenn.

1

to the extent pharr is inconsistent with this opinion, we disapprove of pharr.

0

see anderson v. state, 18 so.3d 501, 520 (fla.2009) (rejecting a claim of cumulative error when appellant's claims, addressed individually, did not establish ineffective assistance of counsel or that appellant's constitutional rights were violated) (citing israel v. state, 985 so.2d 510, 520 (fla.2008)); suggs v. state, 923 so.2d 419, 441 (fla.2005) (stating the cumulative effect of evidentiary errors and allegations of ineffective assistance of trial counsel will be considered together).

0

respondent clark failed to timely file a brief on appeal within the mandatory time limits of rule 84.05. pursuant to rule 84.05(a), clark was required to file a responsive brief on april 30, 2018, thirty days after the filing of kinsey's brief.

1

we hereby reject that portion of ferguson which is not in accord with this opinion.

0

id. at 438 (citations omitted).

0

on this record, the trial court had no reason to know defendants objected to the limitation imposed by its ruling, and the court had no opportunity to prevent or correct the purported misconduct that defendants assert now on appeal.

0

so, we will evaluate the evidence presented at trial with the jury's accreditation of the state's witnesses in mind.

0

hence he is not entitled to relief on this ground either.

1

accordingly, to the extent that our decision suggested that the economic loss doctrine bars a cutpa claim arising from the breach of a promise to deliver goods even when the breach was accompanied by aggravating circumstances, we conclude that we must overrule it.

0

ultimately, the court found the probative value of the other-crimes evidence outweighed the prejudicial impact.

1

crescent wharf etc. co. v. los angeles, 207 cal. 430 [ 278 p. 1028], fails to consider the above mentioned factors and should be overruled.

0

ibid. ""race is not assigned an explicit numerical value, but it is undisputed that race is a meaningful factor.""

0

of course, public corporations are not invariably regarded as units of the government for purposes of the government speech doctrine.

1

his case overruled an earlier california case of long-standing which had distinguished pension rights on the basis of whether the rights had vested

1

in part, because of such considerations, the basis on which that rule was originally founded has, in the short space of twenty years, fallen into jurisprudential disrepute and is disapproved in the better-considered recent cases and in the authoritative scholarly writings.

1

those decisions are overruled,

1

to the extent that ozuna can be read to hold that the bexar county notice of dismissal apprises parties of the court's intent to dismiss on a ground other than the failure to appear under rule 165a(1), or that knight v. trent, 739 s.w.2d 116 (tex.app. san antonio 1987, no writ), gaebler v. harris, 625 s.w.2d 5 (tex.app.-san antonio 1981, writ ref'd n.r.e.), and laird v. jones, 580 s.w.2d 413 (tex.app.-san antonio 1979, no writ), imply that a party may be charged with such notice, we disapprove of the language of those cases.

1

we overrule norris to the extent that it allows such use.

0

but there is little basis for this belief.

1

contrary statements in our opinions are disapproved.

0

this conclusion is not affected by our supreme court's recognition, subsequent to franko, of a habeas petitioner's right to appeal from the dismissal of his habeas petition even if the habeas court denies his petition for certification to appeal.

0

gallagher was actually a subcontractor with dyntek, which was a contractor with nychh.

0

when asked by the court if she wanted to testify, light answered: ""yeah - i mean - all i want to say is he didn't do it.""

1

a later case, blackwell v. hustler magazine, inc., 633 f. supp. 870, 871 (s.d.miss.

1

the federal circuit's practice is therefore neither compelled by our cases nor supported by the "case or controversy" requirement of article iii.

1

thus, to the extent today's holding rests on a distinction between "traditional" governmental functions and their nontraditional counterparts, see ante, at 344, it cannot be reconciled with prior precedent.

0

no other third floor workers, who also worked without breathing apparatus, complained of respiratory symptoms.

0

jones, slip op. at 16 (citing stinson v. united states, 508 u.s. 36, 45 (1993)).

1

to the extent that the ica's opinion in state v. won , 134 hawai'i 59, 74, 332 p.3d 661, 676 (app. 2014), vacated on other grounds , 137 hawai'i 330, 372 p.3d 1065 (2015), ruled that severino denied an arrestee of a criminal offense the statutory right to access counsel under hrs 803-9, it is overruled.

1

any language contained in snyder, supra, however, which might be read as indicating that rezoning is not legislative for the purpose of exercising the constitutional powers of referendum and initiative is hereby expressly overruled.

1

highlands is therefore overruled, with the approval of the court en banc, with judges byrnes and williams dissenting from the overruling.

1

johnson v. state, supra, is overruled along with its progeny.

0

morris v. bank one, ind., n.a., 789 n.e.2d 68, 73 (ind. ct. app. 2003), trans.

0

finally, clifford sought to initiate a mortgage fraud complaint, and in connection with that he gave a written statement to mary jones in which it appears that he lied when he claimed that neither he nor mary had attended the nautica property closing and when he claimed that he got $312,500 to purchase the nautica property ""[f]rom the proceeds from the farmington hills purchase.""

0

another court even ruled ""that a man acquitted for stealing the horse hath yet been arraigned and convict for stealing the saddle, tho both were done at the same time."" 2 hale, supra, at 246.

1

for this reason we choose to follow it, and disapprove santos, supra, 171 cal.app.3d 67, as an aberration.

0

the process begins with an application for involuntary admission made by an interested person, accompanied by certifications of two health care providers that the individual meets the statutory criteria, and ends with a hearing before an impartial hearing officer to determine whether the criteria are in fact satisfied.

0

2016) (quoting minn. sent. guidelines 2.d.1 (supp.

1

to the extent that lynn strickland deviates from the statutory definition of wantonness, as followed by this court, it is hereby overruled.

1

having considered the present appeal in banc in order to clarify our precedents with respect to the scope of the government's navigational servitude, we now reverse the judgment of the claims court, overrule those portions of pitman and ballam which are inconsistent with the following opinion, and remand this case for further proceedings not inconsistent herewith.

1

in so doing we disapprove the contrary interpretation of the statute announced in honeycutt.

0

., 665 s.w.2d 414, 420 (tex. 1984); see also frazer v. tex. farm bureau mut. ins. co., 4 s.w.3d 819, 823-24 (tex. app.houston [1st dist.] 1999, no pet.) (with use of ""and its affiliated companies,"" release sufficiently identified texas farm bureau underwriters such that its identity is not in doubt.). here, the release clearly and unambiguously stated it applied to all jumpstreet entities that are engaged in the trampoline business.

1

that case did not address an officer-safety justification for the question; however, to the extent lee or any of our other precedent conflict with the rule we announce today, we expressly overrule them.

1

thus both precedent and established principles of judicial construction dictate the conclusion that hurst erred in holding the notice and hearing provisions of the zoning act of 1917 applied to zoning ordinances enacted by initiative.

0

eibl acknowledges that the circuit court asked him whether he had reviewed the elements of the charges with his attorney, and eibl admits that he told the circuit court that he had,

1

we therefore overrule tomco and el farra on this point, and hold that a district court, when presented with a 10(j) petition, need not determine whether there is reasonable cause to believe that an unfair labor practice has been committed.