Mistake Of Law Vs. Mistake Of Fact

10 Florida cases classified under this topic · sorted by citation count · browse and sort

• Tristan Hilton v. State
  901 So. 2d 155· Fla. 2d DCA· 2005-02-16 ·cited 35×
  Tristan Hilton was stopped for a cracked windshield, leading to discovery of marijuana. The Florida Second District Court of Appeal affirmed the conviction, holding that police may lawfully stop a vehicle for a visibly cracked windshield under Florida's equipment violation statut
• Crews v. Central States
  788 F.2d 332· 6th Cir.· 1986-04-14 ·cited 29×
  The court held that the trustees' denial of a refund was not arbitrary or capricious because the contractual limitations on recovery and the distinction between mistakes of fact and law barred the claim.
• Dolphin Outdoor Advertising v. Dep't OF Transp.
  582 So. 2d 709· Fla. 1st DCA· 1991-06-26 ·cited 17×
  Dolphin Outdoor Advertising appeals the Department of Transportation's revocation of permits for an outdoor advertising sign issued based on the DOT inspector's erroneous interpretation of statutory spacing requirements. The court reversed, holding that equitable estoppel applies
• United States v. Abel Gilberto Salinas-Cano
  959 F.2d 861· 10th Cir.· 1992-03-18 ·cited 8×
  A non-owner's consent to search a closed container is invalid if the owner has a reasonable expectation of privacy in the container and the consenting party lacks common authority or sufficient relationship to it.
• Brownell v. Einar Rasmussen
  235 F.2d 527· D.C. Cir.· 1956-06-14 ·cited 8×
  An alien who applies for relief from military service liability as a neutral national is thereafter debarred from becoming a United States citizen, regardless of whether the country was actually neutral or the specific reason for deferment.
• Boynton Landscape & Liberty Mut. v. Dickinson
  670 So. 2d 151· Fla. 1st DCA· 1996-03-20 ·cited 2×
  An employer and insurance carrier appealed a workers' compensation judge's order modifying a 1989 rate-of-pay decision for attendant care and establishing a new rate for the claimant's mother who left employment to provide care. The court reversed the improper modification of the
• Gruber v. Fed. Ins. Co.
  M.D. Fla.· 2022-11-08
  The court held that plaintiffs' bare assertion of miscalculating a deadline does not constitute excusable neglect under Rule 60(b)(1) to vacate an unopposed summary judgment.
• Hesser v. United States
  40 F.4th 1221· 11th Cir.· 2022-07-13
  The court held that the petitioner's trial counsel was ineffective for failing to move for a judgment of acquittal on the tax evasion charge, and this deficiency prejudiced the petitioner.
• Devine v. Kirkovich
  754 So. 2d 789· Fla. 3d DCA· 2000-03-22
  A pro se litigant's mistaken belief that a motion to strike satisfied the requirement to file an independent action does not constitute good cause for an extension of time to file that action.
• Williamson v. Plymouth Citrus Prods.
  4 Fla. Supp. 82· Fla. Industrial Comm'n· 1953-07-27
  The Florida Industrial Commission affirmed an award of workers' compensation to Williamson for an injury sustained while loading citrus fruit. The claimant's original claim was denied based on prior case law, but after the Supreme Court redefined "accident" in Gray v. Employer's