CopyCited 246 times | Published | Supreme Court of Florida | 1999 WL 506949
Wayne Lafave & Jerold H. Israel, Criminal Procedure § 6.1(c) at 292 (2d ed.1992). The Court employed a to
CopyCited 101 times | Published | Court of Appeals for the Eleventh Circuit | 11 Employee Benefits Cas. (BNA) 2521, 1990 U.S. App. LEXIS 174
...e appointed by the participant and the third to be appointed by those named by the board and the participant. The review committee shall issue a decision on such review within sixty (60) days after receipt of an application for review as provided in Section 6.01(c)....
CopyCited 92 times | Published | Court of Appeals for the Eleventh Circuit
generally 3 Wayne R. La Fave, Search and Seizure § 6.1(e), at 254-263 (3d ed.1996). 5 The
CopyCited 92 times | Published | Court of Appeals for the Eleventh Circuit
Ann. § 422:34(X) New Jersey — N.J.Stat.Ann. § 6:1-18 New York — N.Y.Gen.Bus.Law § 245(7)
CopyCited 72 times | Published | Supreme Court of Florida | 2004 WL 583130
or vindictiveness. See Goals for Family Lawyers § 6.1 ("An attorney representing a parent should consider
CopyCited 72 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 23252, 1994 WL 419484
...The instant case does not come within the Attorney General’s mandatory duty. Florida statutory law requires the attorney General to “appear in and attend to, in behalf of the state, all suits ... in which the state may be a party, or in anywise interested.” Fla.Stat.Ann. § 16.01(4)....
CopyCited 62 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 14384
restrictions embodied in City Ordinance No. 1891 § 6-1 (“the Ordinance”). 2 This conclusion
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 8655, 2008 WL 1792001
derived its definition of contraband from 28 C.F.R. § 6.1, which maintains: The introduction or attempt to
CopyCited 44 times | Published | District Court, M.D. Florida | 29 U.S.P.Q. 2d (BNA) 1827, 22 Media L. Rep. (BNA) 1301, 1993 U.S. Dist. LEXIS 19165, 1993 WL 522892
...There is no dispute that Defendant Frena supplied a product containing unauthorized copies of a copyrighted work. It does not matter that Defendant Frena claims he did not make the copies itself. See JAY DRATLER, JR., Intellectual Property Law: Commercial, Creative and Industrial Property § 6.01[3], at 6-15 (1991)....
...r, for example, by a computer system. See H.R.Rep. No. 1476, 94th Cong., 2d Sess. 80 (Sept. 3, 1976), reprinted in 1976 U.S.Code Cong. & Admin.News 5659, 5694; JAY DRATLER, JR., Intellectual Property Law: Commercial, Creative and Industrial Property § 6.01[4], at 624 (1991)....
CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 612302, 2012 U.S. App. LEXIS 4016
claims. As noted above, the arbitration clause, section 6.1, states that "all controversies between the client
CopyCited 32 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 358
See Erwin Chemerinsky, Federal Jurisdiction § 6.1, at 350 (3d ed. 1999) (footnote omitted).
CopyCited 30 times | Published | Supreme Court of Florida | 71 L.R.R.M. (BNA) 2958
bargaining as are granted private employees by Section 6.[1] The cases of Miami Water Works Local No. 654
CopyCited 24 times | Published | Supreme Court of Florida
...ided for by this Constitution or by general law shall have original jurisdiction to try such offenses * * *." The applicable provisions of the Home Rule Charter approved by the electors of Dade County pursuant to the above amendment are as follows: "Section 6.01 "A....
...The Court shall have jurisdiction to try all cases arising under ordinances adopted by the Board." *551 The Traffic Ordinance of Dade County, being 57-12, promulgated by the Board of County Commissioners pursuant to charter is as follows: "Section 26.01 It is provided that this ordinance shall pertain to all violations hereof within Dade County, Florida, and supersedes and nullifies any and all Municipal ordinances or codes and any and all County ordinances or codes relative to the regulation and enforcement of traffic....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 14373
nor the Florida legislature has, pursuant to section 6(1 ), issued a statutory directive to guide conflicts
CopyCited 22 times | Published | Florida 3rd District Court of Appeal
Fla.R.Civ.P. 1.110. See also H. Trawick, supra, § 6-1. The complaint was technically deficient. See Corbo
CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 41742
cause.” Cf. 2 Wayne R. La-Fave, Search and Seizure § 6.1(a) at 565, 567 (1987) (opining that standard may
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 22 Fla. L. Weekly Fed. D 2775
...According to the allegations of LTM's complaint, the management agreement entered into by the parties provided for automatic termination of the agreement upon the sale, lease or transfer of the nursing home, subject to a right of first refusal granted to LTM under section 6.01 of the agreement....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20104
pleadings. H. Trawick, Florida Practice and Procedure § 6-1 at 60 (1979 ed.). Accord White v. Fletcher, 90 So
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 46 U.S.P.Q. 2d (BNA) 1138, 1998 U.S. App. LEXIS 5026, 1998 WL 119796
recognized in only sixteen states, id. at § 6.1[B]. One commentator has summarized the difference
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1995 WL 335389
law." Restatement (Second) of Conflict of Laws § 6(1) (1971). "Whenever state, and not federal, law is
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 16188
superintendent ... is prohibited. 28 C.F.R. § 6.1. McMurray argues that a prerequisite to a finding
CopyCited 15 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 1, 1992 Fla. LEXIS 2144, 142 L.R.R.M. (BNA) 2224, 1992 WL 381752
1969), this *417 Court construed article I, section 6[1] to include public employees. Three years later
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2005 WL 562676
(Fla. 5th DCA 2003); LaFave, 3 Search and Seizure, § 6.1(b) at 375 (4th ed. 2004). The state and the defense
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...d at or about the vicinity of N.W. 34th Street and N.W. 7th Avenue, Miami, Florida at approximately 7:45 P.M., in violation of Chapter 38, Article VI, Section 155 of the Code of the City of Miami, Florida and Ordinance 57-12 of Dade County, Florida, Section 6.01, certified copies of which are attached hereto as Plaintiff's Exhibits A and B respectively and are made a part of this Complaint....
CopyCited 13 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 17552, 1996 WL 670640
...[13] The STD Plan continues an employee's pay during absence from work because of his inability to work. DX4 at 1. An employee's coverage under the STD Plan terminates when his employment terminates. DX4 at 12, §
6.02. The payment of STD benefits also terminates when his employment terminates. DX4 at 12, §
6.01....
CopyCited 12 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 1620, 1989 WL 13173
December 25, 1986, Section 6(1)(A)(2) of the 1967 Zoning Ordinance [hereinafter "Section 6(1)(A)(2)"] provided
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 2806, 2008 WL 344177
S. *993 Rhodes, Holmes's Appleman on Insurance § 6.1 (2d ed. 1996). The district court properly applied
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 6627, 1990 WL 126324
that the forum consider, in accordance with section 6, (1) whether the relationship between the defendant
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1997 WL 614430
by the principles set forth by Restatement section 6: (1) A court, subject to constitutional restrictions
CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida
...In order to qualify for tax exemption, the ESOP was designed to comply with 26 U.S.C. § 401(a)(13), and § 11.04 restricts the alienation of plan benefits to the beneficiaries (Defendant's Exh. # 2) and also contains an anti-assignment provision. Section 6.01 of the ESOP provides that the shares in a participant's account may be distributed only upon retirement, death or termination of employment (Defendant's Exh....
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 55, 15 Bankr. Ct. Dec. (CRR) 1234
...The employee has a right to distribution of his interest only upon reaching retirement age, becoming unemployed through disability or upon his death. Section 5.01 of the Plan defines normal retirement age as the later of age 65 or ten years of Plan participation. Section 6.01 of the Plan provides for distribution at the later of two dates: retirement age or termination of employment....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...§ 26-1002 (1978) Hawaii : Hawaii Rev.Stat. § 705-500 (1976) Illinois : Ill. Ann. Stat. ch. 38, § 8-4(b) (1981 Supp.) Indiana : Ind. Code Ann. § 35-41-5-1(b) (Burns 1979) Kansas : Kan. Stat. Ann. § 21-3301(2) (1974) Kentucky : Ky.Rev.Stat. § 506.010 (1975) Maine : Me....
CopyCited 9 times | Published | Supreme Court of Florida
apportioned among them, ... ." Or.Const., art. IV, § 6(1), provides, "[t]he number of senators and representative
CopyCited 9 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 14019, 2011 WL 522008
...individual subsidiaries.")]. As such, the bondholders dealt with TOUSA and its subsidiaries "as a consolidated enterprise that was interdependent, both in terms of structure and the flow of money." [ Id. at 16:20-25]. c. Default Pursuant to Articles 6.01-02 of each indenture, a judgment for more than $10 million against TOUSA or its subsidiaries or a bankruptcy filing by TOUSA or its subsidiaries would constitute an event of "default," which would permit the note holders to declare all outstanding amounts under the bond debt to be immediately due. Section 6.01 EVENTS OF DEFAULT (a) Each of the following is an "Event of Default": .......
...ied after receipt of such notice. Such notice must specify the Default, demand that it be remedied and state that such notice is a "Notice of Default." Section
6.02 ACCELERATION (a) If an Event of Default (other than an Event of Default specified in Section
6.01(a)(vii) or (a)(viii)), shall have occurred *625 and be continuing, the Trustee or Holders of not less than 25% in aggregate principal amount of the Notes then outstanding may declare to be immediately due and payable the principal amount of all the Notes then outstanding, plus accrued but unpaid interest, including Special Interest, if any, to the date of acceleration. In the case of an Event of Default specified in Section
6.01(a)(vii) or (a)(viii), such amount with respect to the all the Notes will become due and payable immediately without any declaration or other act on the part of the Trustee or the Holders. [Trial Exhs. 3064-69 §§
6.01-02]....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit
been recognized in only sixteen states, id. at § 6.1[B]. One commentator has summarized the
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit
Appleman on Insurance Law & Practice Archive § 6.1, LEXIS (database updated 2011) ("The rule of adopting
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 15061, 2015 WL 5023891
improvements shall be covered by Taxes referred to in Section 6.1) and any other property of Tenant, and/or (iv)
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 15 I.E.R. Cas. (BNA) 1886, 2000 Fla. App. LEXIS 1711, 2000 WL 201186
obligation." Arthur Linton Corbin, Corbin on Contracts § 6.1, at 197 (Joseph M. Perillo ed., rev. ed.1995). See
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...While a manufacturer's duty to use reasonable care includes making reasonable tests to discover latent hazards, the law does not require him to make tests that are not practical or economically feasible in relation to the risk. 1 Frumer & Friedman, Products Liability § 6.01 [1]; 1 Hursh, American Law of Products Liability § 2:23; Cf....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1989 WL 30794
law." Restatement (Second) of Conflicts of Law § 6(1) (1971). In the instant case, the subject Totten
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 50 Collier Bankr. Cas. 2d 1750, 16 Fla. L. Weekly Fed. B 227, 2003 Bankr. LEXIS 1177
their "allowed secured claim." Disclosure Statement § 6.1(8). This limitation on credit bidding is improper
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 386, 2001 Bankr. LEXIS 1166, 2001 WL 1141462
N.D.Fla.1986) (citing to 56 Fla. Jur.2d Trusts § 6): (1) a person competent to create the trust; (2) indication
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 7
...to enforce any provisions of this subchapter or the terms of the plan.” The district court, however, denied Curry relief on this claim, and neither party challenges that denial on appeal. We, therefore, do not address the claim. . The plan provided as follows: 6.01....
...e appointed by the participant and the third to be appointed by those named by the board and the participant. The review committee shall issue a decision on such review within sixty (60) days after receipt of an application for review as provided in Section 6.01(c)....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 2449, 1994 WL 19115
District Judges Association of the Eleventh Circuit, § 6.1 (1990). The illustration suggested by the plaintiff’s
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
expenses.' The Declaration further provides in Section 6.1 that `each apartment owner .. . shall share in
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4276325
...Willaume,
76 Fla. 514,
80 So. 309 (1918)); see also Producers Fertilizer Co. v. Holder,
208 So.2d 492, 494 (Fla. 2d DCA 1968) (holding that "parol evidence is admissible to identify the real parties in interest in a transaction"); Restatement (Third) of Agency §
6.01 cmt....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 716835
as interpreted in Bates, that would invoke section 6(1). The seven principles in section 6(2) may allow
CopyCited 5 times | Published | Supreme Court of Florida
...For these reasons Congress passed what is known as the "Lieu Land Statute" which authorized the state to select unappropriated government lands in lieu of the deficiency in the short sections. See 43 U.S.C.A. § 851 (1976); Hampton v. Matheson,
121 Fla. 768,
164 So. 714 (1935). By an act of the legislature, section
6.01, Florida Statutes, approved July 25, 1845, the state assented to the terms of admission into the union and to the provisions of the acts of Congress respecting the public lands of the United States in this state....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 13 Employee Benefits Cas. (BNA) 1802, 136 L.R.R.M. (BNA) 2965, 1991 U.S. App. LEXIS 4485
...A Board of Trustees, consisting of four trustees named by the union locals and four trustees named by MSSA, administers the trust fund created by the Plan. 3 This suit originated in a dispute over whether the Plan's benefits should be increased. The current level of benefits is set out in the Plan at Article Six, Section 6.01....
...Finally, the Eighth Circuit noted that the trustees had routinely exercised their authority to amend the plan to increase benefits. The Eighth Circuit stated that under such circumstances a benefit increase is an administrative matter. 13 By contrast, Section 6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits....
CopyCited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958
...PSI points to the purchase orders and other documents that *1240 label PSI as the "Purchasing Agent" of Bariven or indicate that Bariven was acting care of ("c/o") PSI. ( Id. at 6-7). In support of its contention that it cannot be liable under the Contracts, PSI quotes the Restatement (Third) of Agency, § 6.01, comment (d), which states: "[i]f a contract names both the principal and the agent, in the absence of a manifestation to the contrary the agent is not a party to the contract if the contract indicates that the agent is named only as agent." ( Id....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 WL 71787
pleadings." Trawick, Florida Practice and Procedure, § 6-1, p. 65 (1989 ed.) Trawick also notes that motions
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
the property (Schedule 6). 3. The Joint Plan (Section 6.1) provides that Colony Lender will be paid, within
CopyCited 2 times | Published | District Court, M.D. Florida
Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101, et seq. (Count VIII). Plaintiffs seek damages
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 23457
...Finally, White
1
The judicial power of Alabama is vested exclusively in a
"unified judicial system" consisting of, at the appellate level,
a Supreme Court, a Court of Criminal Appeals, and a Court of
Civil Appeals. Ala. Const. amend. 328, § 6.01(a)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19608, 2014 WL 6775269
...settlor of the trust, who delegates his power to modify to a third person for
specific reasons. Second, “The common law of trusts and principles of
equity supplement [the Florida Trust Code], except to the extent modified
by this code or another law of this state.” § 736.0106, Fla....
... Sections
736.0410-736.04115 and
736.0412, Florida Statutes, provide
means of modifying a trust under the Florida Trust Code. The children
argue the terms of the trust cannot prevail over these provisions, so as to
add a method of modification via trust protector, because section
73
6.0105 provides, “The terms of a trust prevail over any provision of this
code except . . . [t]he ability to modify a trust under s.
736.0412, except as
provided in s.
736.0412(4)(b).” § 73
6.0105(2)(k), Fla....
CopyCited 2 times | Published | Supreme Court of Florida
least two state constitutional provisions, i.e., Section 6(1) (2), Article V, and Section 8, Article X. And
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 1205451
disciplinary report alleging Mr. Newell had violated section 6-1 of Florida Administrative Code Rule 33-2.012
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 21339
possession of marijuana. 18 U.S.C.A. § 1791, 28 C.F.R. § 6.1, 21 U.S.C.A. § 844. We affirm. Expert testimony
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2847951
...ng the buildings, would be severely prejudiced by the delay that would be caused by granting the requested relief. The Committee appealed. Legal Analysis Article VI of the City's Charter confers upon the electors of the City the power of initiative. Section 6.01 of the City Charter provides: Sec. 6.01....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 28194
...A Board of Trustees, consisting of four trustees named by the union locals and four trustees named by MSSA, administers the trust fund created by the Plan. This suit originated in a dispute over whether the Plan’s benefits should be increased. The current level of benefits is set out in the Plan at Article Six, Section 6.01....
...Finally, the Eighth Circuit noted that the trustees had routinely exercised their authority to amend the plan to increase benefits. The Eighth Circuit stated that under such circumstances a benefit increase is an administrative matter. By contrast, Section 6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits....
CopyCited 1 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 122, 1996 Fla. LEXIS 442, 1996 WL 108536
as specified in the provisions of Article V, Section 6 1 and submitting such other papers as may from
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 281382
the construction standards set forth in L.D.R. section 6.1.4. The City then moved for summary judgment.
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 9718, 29 Fla. L. Weekly Fed. D 1564
...not within the injunction. The City merely agreed to stay enforcement of the charter amendments. The contempt order is vacated. ORDER VACATED. SAWAYA, C.J., and SHARP, W., J., concur. NOTES [1] The City is the only defendant involved on appeal. [2] Section 6.01, the proposed amendment on the ballot pertaining to residential density, provided: No part of the City of Cocoa Beach shall be zoned to a residential density greater than ten (10) dwelling units per acre for permanent occupancy dwellings...
...ross floor areas of an existing structure shall not be exempt from the moratorium provided for by this Ordinance; (4) Variance for other than height or density except for density variances processed in accordance with the requirement of City Charter Section 6.01; (5) Development Order relating to concurrency; (6) Development Permit or variance issued for Flood Protection, Coastal Construction Code, or Coastal Setback; (7) Development Permit or variance issued for Landscaping and Trees; (8) Devel...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12205, 2003 WL 21946462
...ncerning density and height restrictions on development. We reverse. In August of 2001, pursuant to section
166.031, Florida Statutes (2001), citizens of City initiated petitions to amend its charter in two respects. The first proposed amendment, to Section
6.01 of the charter, would limit residential density to ten (10) dwelling units per acre and transient lodging (hotels and motels) to twenty-eight (28) units per acre. This amendment, exclusive of provisions allowing for variances under specified conditions, is as follows: Sec.
6.01....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 952, 1985 Fla. App. LEXIS 13472
important to examine carefully the language of Section 6-1, of the "Book of Church Order," which provides
CopyPublished | Florida 2nd District Court of Appeal
...L3 Commc'ns Integrated Sys., LP,
348 So. 3d 673, 677 (Fla. 1st DCA
2022) (citation omitted) (quoting Philip J. Padovano, Fla. Civ. Prac.,
§ 7:19 n.1 (2022 ed.)).
Here, Landlords sought contractual indemnification from Gulf
Coast based on article 6, section
6.01 of the original lease agreement,
which is titled "Indemnification and No Liability of Landlord."
Accordingly, the instrument from which the action is derived is the
original lease agreement....
CopyPublished | Supreme Court of Florida | 1970 Fla. LEXIS 2480
held that the provisions of Fla. Const, art. V § 6(1) and (2) are self-executing. When a federal census
CopyPublished | Florida 1st District Court of Appeal
transmit it. Cf. 1 W. LAFAVE, SUBSTANTIVE CRIMINAL LAW § 6.1 (3d ed. 2017) (“Bad thoughts alone cannot constitute
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
(13), and (14), 403.1822(2) and 403.1823(1). Section 6(1)(a) of Ch. 75-22, Laws of Florida, provides that
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4859092
within each trauma service area. See Ch. 90-284, § 6(1), Laws of Fla.; § 395.0335(1), Fla. Stat. (1991)
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2143, 1989 Fla. App. LEXIS 5049
76 L.Ed.2d at 229; 2 W. LaFave, Search & Seizure § 6.1(a), at 392 n. 38, the same must be true of the officers’
CopyPublished | Florida 3rd District Court of Appeal
charter of government which charter (Article VIII, section 6(1)(g)): "shall provide a method by which each municipal
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 26 Fla. L. Weekly Fed. B 179, 2016 Bankr. LEXIS 3797
control of the Master Association (PI. Ex. 1 at Section 6.1, 6.12, and 6.13). The Master Declaration also
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
90-412, Laws of Florida. 13 Supra, footnote 8. 14 Section 6(1), Ch. 90-412, Laws of Florida. 15 Section 6(2)(b)
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 4996
...In order to qualify for tax exemption, the ESOP was designed to comply with 26 U.S.C. § 401 (a)(13), and § 11.04 restricts the alienation of plan benefits to the beneficiaries (Defendant’s Exh. # 2) and also contains an anti-assignment provision. Section 6.01 of the ESOP provides that the shares in a participant’s account may be distributed only upon retirement, death or termination of employment (Defendant’s Exh....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 21, 2023
Restatement (Second) of Conflict of Laws, § 6(1) (Am. Law Inst. 1977). If the state has not
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
4 Section 2(3), Ch. 00-477, Laws of Fla. 5 Section 6(1), Ch. 00-477, Laws of Fla. 6 See s.
191.005(5)
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16885
defects. . Restatement (Second) of Property, section 6.1, Comment h, Reporter’s Note at p. 234 (1977):
CopyPublished | United States Bankruptcy Court, M.D. Florida | 23 Fla. L. Weekly Fed. B 337, 2012 WL 1889792, 2012 Bankr. LEXIS 2378
statute. The Declaration clarifies the difference. Section 6.1 of the Declaration automatically creates a continuing
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
Smolla, Smolla & Nimmer on Freedom of Speech § 6.1 (2024). “I know it when I see it” is not
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
Smolla, Smolla & Nimmer on Freedom of Speech § 6.1 (2024). “I know it when I see it” is not
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18999
single-family zoning district regulations found in Section 6-1 of the Miami Beach Zoning Ordinance No. 1891
CopyPublished | Florida 5th District Court of Appeal
one for amendments done by the Board. Under Section 6.1, two-thirds of the voting interests of the unit
CopyPublished | Florida 3rd District Court of Appeal
of the Common Area expenses. Although section 6.1 establishes a limit of 100 parking spaces on
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15207
...were accepted by S. Morgan Slaughter, as Clerk of the Circuit Court of Duval County. 3. “That there are no issues of fact to be submitted or determined by the Court.” The Charter provisions pertinent to this appeal are: 1. “ARTICLE 6 THE MAYOR Section 6.01....
...ment.” Plaintiffs contend that since Tanzler served as Mayor during the initial transitional term of office and will have served as Mayor during a subsequent full four-year term, he will have served two terms of office, so that the prohibitions in Section 6.01 against a third term render him ineligible to run for the term of office commencing 1 July 1975. Tanzler contends that the initial transitional and short term required by Article 22 is not a full four-year term, so that he has not served the two terms provided for in Section 6.01 and is not prohibited from running for the term beginning 1 July 1975....
CopyPublished | Florida 3rd District Court of Appeal
Bergman et al., 2 Wharton’s Criminal Evidence § 6:1 (15th ed. 2020) (“As technology advances, the law
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 62693, 2011 WL 2418892
...The Court disagrees. Although a separate document, the Supply Agreement was entered into on the same day as the Operating Agreement and is amply referenced in the Operating Agreement, Florala's foundational document. ( See Doc. # 10-4 at 3; at 6, §
2.01(jj); at 9, §
6.01; at 21-22, §
15.02)....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
of Florida giving rise to your questions are: Section 6(1), Ch. 61-2681, Laws of Florida, as amended by
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
and administrative departments of the city. Section 6.1, Article VI, provides that: "There shall be appointed
CopyPublished | District Court, S.D. Florida | 1967 U.S. Dist. LEXIS 8747
will extend. 1 Fla.Jur. Accord and Satisfaction § 6. 1 C.J.S. Accord and Satisfaction § 34(c); Miller-Dunn
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 1010
MEDIATION AND BINDING DISPUTE RESOLUTION § 6.1 MEDIATION § 6.1.1 Any claim arising out of or related
CopyPublished | Court of Appeals for the Eleventh Circuit
...elections.2
1
The judicial power of Alabama is vested exclusively in a
"unified judicial system" consisting of, at the appellate level,
a Supreme Court, a Court of Criminal Appeals, and a Court of
Civil Appeals. Ala. Const. amend. 328, § 6.01(a)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615
amount due under the Lease was $153,000. (Ex. 15 at § 6.1.) Section 6.2 of the Lease provides that the rent
CopyPublished | Court of Appeals for the Eleventh Circuit
...Page: 61 of 126
20-13735 Opinion of the Court 61
the third party has notice that an agent is acting for a principal and
has notice of the principal’s identity.” Id. § 6.01 cmt....
...Mutual assent and consideration are required elements for contract
formation. In the agency context, however, it is the agent who
manifests the assent to the exchange with the third party, not the
principal. Restatement (Third) of Agency, supra, § 6.01 cmt....
...s power”; the
“agent enters into a contract on behalf of [his] principal by mani-
festing assent to an exchange”; and “[t]he third party manifests as-
sent . . . to the agent.” See RESTATEMENT (THIRD) OF AGENCY § 6.01
cmt....
...has actual authority” or if the “con-
tract[] [is] made by the agent . . . within the scope of the agent’s
apparent authority.” 3 AM. JUR. 2D Agency § 83 (Nov. 2022 Update);
see also RESTATEMENT (THIRD) OF AGENCY § 6.01....
...nd
himself. “Through ratification, a person may become a party to a
contract purportedly made on that person’s behalf by another who
acted without actual or apparent authority.” RESTATEMENT
(THIRD) OF AGENCY § 6.01 cmt....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2003 WL 76991
law. See Erwin Chemerinsky, Federal Jurisdiction § 6.1, at 350 (3d ed. 1999) (footnote omitted). In a narrow
CopyPublished | Court of Appeals for the Eleventh Circuit
law. See Erwin Chemerinsky, Federal Jurisdiction § 6.1, at 350 (3d ed. 1999) (footnote omitted).
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Natural Resources by a `type one transfer.' Section 6(1) of the act, codified as s. 20.061(1), F. S.
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Legislature in the district's enabling acts. Section 6(1) of Ch. 75-421 does require the property appraiser
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
comprehensive and consistent effort . . . .' Section 6-1(c) of the code. The Gainesville Development Authority
CopyPublished | District Court of Appeal of Florida
...cause existed for the County Commission to hold a public hearing on Mr. Cohen’s charge against the appellee. The appellee received the notice of public hearing and thereafter filed the suit resulting in the order appealed. The complaint set forth § 6.01(C) of the Home Rule Charter for Metropolitan Dade County which states that “Any judge may be removed for malfeasance, misfeasance or nonfeasance by vote of two-thirds of the members of the Board after public hearing.” and urged, first tha...
...ellee because the charge was that of a private citizen; and second, that the quoted section of the Charter was unconstitutional. Among other things, the prayer was for (1) a pendente lite injunction against any further action against plaintiff under § 6.01(C) of the Charter; (2) a declaration that § 6.01(C) of the Charter is unconstitutional; and (3) a permanent injunction prohibiting any further proceeding against the appellee under said section....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
examination administered by the department. Section 6(1), Ch. 79-200. A registered contractor is one
CopyPublished | Court of Appeals for the Eleventh Circuit
generally 3 Wayne R. La Fave, Search and Seizure § 6.1(e), at 254-263 (3d ed. 1996).5 The order
CopyPublished | Court of Appeals for the Eleventh Circuit
covered by Taxes referred to in Section 6.1) and any other property of Tenant
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12477, 2011 WL 3476922
...The comprehensive retirement plan includes sections addressing the benefit payable to a police officer and his beneficiary in a variety of circumstances, including benefits paid “other than on retirement.” See City of N. Miami Beach, Fla., Ordinance 89-18 (Mar. 15, 1990). Section 6.01 addresses the retirement benefit payable to an officer and his beneficiary if he retires at his normal retirement date and thereafter dies....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...Rosen: On behalf of the Health Care District of Palm Beach County and Glades Hospital Holdings, Inc., you have asked for my opinion on substantially the following: Whether the Board of Commissioners of the Health Care District of Palm Beach County may, in accordance with section 286.011 (8), Florida Statutes, enter into closed attorney-client sessions for the purpose of discussing settlement negotiations and/or strategies related to litigation expenditures on pending litigation to which Glades Hospital Holdings, Inc., is a named party, and not the Health Care District of Palm Beach County....
...ovides: "Notwithstanding any other provision contained herein to the contrary, the Hospital Board shall not undertake any of the following actions without the prior approval of the District: * * * b. Approve any litigation expenditures[.]" Section 286.011 (1), Florida Statutes, requires governmental boards or commissions to conduct their business at open public meetings....
...3 Prior to the enactment of this exemption, no attorney-client privilege for governmental agencies was recognized and the Sunshine Law had been construed to apply to all meetings between governmental agencies and their attorneys conducted for the purpose of discussing settlement of pending litigation. 4 Section 286.011 (8), Florida Statutes, 5 provides that notwithstanding the provisions of subsection (1) and provided that the enumerated conditions are met: "[A]ny board or commission of any state agency or authority or any agency or authority of any county, m...
...f administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency . . . ." (e.s.) Section 286.011 (8), Florida Statutes, requires that the discussion relate to "pending litigation to which the entity is presently a party" and that the subject matter of any such meeting "shall be confined to settlement negotiations or strategy sessions relat...
...6 In the question you have posed, the Palm Beach County Health Care District would not be a named party in an action against GHHI. You have asked whether, under these circumstances, the board of the health care district could meet pursuant to section 286.011 (8), Florida Statutes, to approve litigation expenditures....
...and brought with malicious intent. The claim for attorney's fees was brought in the name of the mayor although it was the city's attorney who had defended against the ethics charge. The city and its attorney had met in private pursuant to section 286.011 (8), Florida Statutes, to discuss litigation strategy and the appellants alleged that, since the city was not a named party to the litigation, the meeting violated Florida's open government laws....
...e court recognized that the city was the real party in interest on the attorney's fee claims and, thus, could meet in executive session with the attorney to discuss the claim. As this office recognized in Attorney General's Opinion 95-06: "Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....
...Only discussions on pending litigation to which the public entity . . .is presently a party are subject to its terms. Such discussions are limited to settlement negotiations or strategy sessions related to litigation expenditures." 8 In applying section 286.011 (8), Florida Statutes, Florida courts have held that the Legislature intended a strict construction of the exemption....
...y to meet in private if the agency is a party to litigation and the attorney desires advice concerning settlement negotiations or strategy." (e.s.) Reading the exemption narrowly, this office, in Attorney General's Opinion 95-06, construed section 286.011 (8), Florida Statutes, to preclude the temporary adjournment and reconvening of meetings in order for members who are attending such a session to leave the room and consult with others outside the meeting....
...The legislative history of the exemption indicates that it was intended to apply only to discussions rather than to final action relating to settlement negotiations or litigation expenditures. 10 As was noted in the legislative analysis of the original bill enacting section 286.011 (8), Florida Statutes, "[n]o final decisions on litigation matters can be voted on during these private, attorney-client strategy meetings....
...is a decision which must be voted upon in a public meeting." 11 Thus, as the Florida Supreme Court held in the Zorc v. City of Vero Beach , "[t]he settlement of a case is exactly that type of final decision contemplated by the drafters of section 286.011 (8) which must be voted upon in the sunshine." 12 Based on the relationship between the district and the corporation and the oversight exercised by the district over the corporation, you have represented to this office that the Health Care Dist...
...In those situations where the district is a real party in interest in litigation, then, under the rationale of Brown v. City of Lauderhill , the Health Care District is entitled to hold private meetings for settlement negotiations or strategy sessions related to litigation expenditures pursuant to section 286.011 (8), Florida Statutes. Therefore, it is my opinion that the Board of Commissioners of the Health Care District of Palm Beach County may, in accordance with section 286.011 (8), Florida Statutes, and the holding in Brown v....
...03-326, supra ), setting forth the intent of the legislature in adopting the act. 2 Section 6(1) of the Palm Beach County Health Care Act. 3 See s. 1, Ch. 93-232 , Laws of Fla. 4 See, e.g., Neu v. Miami Herald Publishing Company ,
462 So. 2d 821 (Fla. 1985). 5 Section 28
6.011 (8), Fla....
...8 And see School Board of Duval County v. Florida Publishing Company ,
670 So. 2d 99 (Fla. 1st DCA 1966), agreeing with Op. Att'y Gen. Fla. 95-06 (1995), and quoting the opinion extensively. See also Op. Att'y Gen. Fla. 04-35 (2004) (application of s. 28
6.011 (8) limited to pending litigation; it does not apply when no lawsuit has been filed even though the parties involved believe litigation is inevitable)....
CopyPublished | Florida 4th District Court of Appeal
status was that of an independent contractor. Section 6.1 set forth the following confidentiality provision:
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3761
...Circuit Judges of the Eighteenth Judicial Circuit. Relator contends that Clarence T. Johnson, Jr. was not legally appointed pursuant to a special census taken by the Governor’s special judicial census commission created in 1970 under F.S. section 26.011, F.S.A....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Feb 28, 2023
as an overpayment.” Rev. Proc. 2005-18 §
6.01, 2005-13 I.R.B. at 800 (“A deposit made pursuant
