STATE OF FLORIDA, PETITIONER,

v.

JOHN H. FESSENDEN, RESPONDENT

Citator

Cited By (17 total)

• Jews FOR Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)
  …sis of this issue of first impression. Florida adopted the English common law as it existed on July 4, 1776, [*1104] “to the extent that it [wa]s not inconsistent with the statutes and constitutions of Florida and the United States.” Stone v. Wall, 734 So. 2d 1038, 1043 (Fla.1999). Although the tort of false light did not exist at common law, this Court can recognize new common law causes of action where that recognition is neither in conflict with contrary legislation nor outweighed by any competing interest…
• Malicki v. DOE, 814 So. 2d 347 (Fla. 2002)
  …. Because this case is before us on the dismissal of a complaint, we must accept all well-pled allegations of the complaint as true. [*353] See Mazzoni Farms, Inc. v. E.I. DuPont De Nemours & Co., 761 So. 2d 306, 309 n. 3 (Fla.2000); Stone v. Wall, 734 So. 2d 1038, 1039 (Fla.1999). . We note that several U.S. Supreme Court Justices have expressed dissatisfaction with the Lemon test, advocating an alternative analytical framework for evaluating First Amendment claims. See, e.g., Lee v. Weisman, 505 U.S. 577,…
• Beal Bank v. Almand & Assocs., 780 So. 2d 45 (Fla. 2001)
  …on law “ ‘must keep pace with changes in our society,’” and to that end “may be altered when the reason for the rule of law ceases to exist, or when change is demanded by public necessity or required to vindicate fundamental rights.” Stone v. Wall, 734 So. 2d 1038, 1043 (Fla.1999). Accordingly, we hold that as between the debtor and a third-party creditor (other than the financial institution into which the deposits have been made), if the signature card of the account does not expressly disclaim the tenancy…

Authorities Cited

• Fessenden v. State, 713 So. 2d 1093 (Fla. 2d DCA 1998)
• State v. Crossno, 713 So. 2d 1093 (Fla. 2d DCA 1998)