IRA JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Mil. Park Fire Control TAX Dist. NO. 4 v. DeMAROIS, 407 So. 2d 1020 (Fla. 4th DCA 1981)
  …has been held that a statute which purports to create or modify a procedural rule of court is constitutionally infirm. Sydney v. Auburndale Const. Corp., 96 Fla. 688, 119 So. 128 (1928); Johnson v. State, 308 So. 2d 127 (Fla. 1st DCA 1975), aff’d., 346 So. 2d 66 (Fla.1977); Markert v. Johnston, 367 So. 2d 1003 (Fla.1978). A rule of procedure prescribes the method or order by which a party enforces substantive rights or obtains redress for their invasion. Substantive law creates those rights. Practice and p…
• SUN Elastic Corp. v. O.B. Indus., 603 So. 2d 516 (Fla. 3d DCA 1992)
  …unction of determining the rules for the granting of equitable relief. See Art. V, § 2(a), Fla. Const.; In re Clarification of Fla.Rules of Practice & Procedure, 281 So. 2d 204 (Fla.1973); Johnson v. State, 308 So. 2d 127 (Fla. 1st DCA 1975), aff'd, 346 So. 2d 66 (Fla.1977); McAllister v. McAllister, 147 Fla. 647, 655-56, 3 So. 2d 351, 354 (1941). The burden of Laycock's excellent work, Death of the Irreparable Injury Rule, supra, is that the trend of recent cases is to grant injunctions even when "irrepara…
• Ricciardelli v. Faske, 505 So. 2d 487 (Fla. 3d DCA 1987)
  …lthough here, too, we have grave doubt on this issue. See Cozine v. Tullo, 394 So. 2d 115 (Fla.1981); State v. L.H., 392 So. 2d 294 (Fla. 2d DCA 1980), approved, 408 So. 2d 1039 (Fla.1982); Johnson v. State, 308 So. 2d 127 (Fla. 1st DCA 1975), affd, 346 So. 2d 66 (Fla.1977). Third, we finally assume, without deciding, that the notices filed by the creditors in the estate proceeding below were untimely filed under Section 733.705(3), Florida Statutes (1985), although the creditors here make a compelling argum…

Authorities Cited

• Sch. Bd. OF Broward Cnty. & Pac. Indem. Co. v. Surette, 339 So. 2d 194 (Fla. 1976)