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Florida Statute 6.05 - Full Text and Legal Analysis
Florida Statute 6.05 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title II
STATE ORGANIZATION
Chapter 6
ADMISSION INTO UNION; CONCESSIONS; STATE BOUNDARIES
View Entire Chapter
F.S. 6.05
6.05 Transfer of title and jurisdiction over land owned by state.Whenever a tract of land containing not more than 4 acres shall be selected by an authorized officer or agent of the United States for the bona fide purpose of erecting thereon a lighthouse, beacon, marine hospital, or other public work, and the title to the said land shall be held by the state, then on application by the said officer or agent to the Governor of this state, the said executive may transfer to the United States the title to, and jurisdiction over, said land; provided, always, that the said transfer of title and jurisdiction is to be granted and made, as aforesaid, upon the express condition that this state shall retain a concurrent jurisdiction with the United States, in and over the lands so to be transferred, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this state, or any of the courts or judicial officers thereof, may be executed by the proper officer thereof, upon any person amenable to the same, within the limits and extent of the lands so ceded, in like manner and to like effect as if this law had never been passed; saving, however, to the United States, security to their property within said limits or extent. The said lands shall hereafter remain the property of the United States and be exempt from taxation as long as they shall be needed for said purposes.
History.ss. 1, 2, ch. 630, 1855; RS 10; GS 8; RGS 8; CGL 8.

F.S. 6.05 on Google Scholar

F.S. 6.05 on CourtListener

Amendments to 6.05


Annotations, Discussions, Cases:

Cases Citing Statute 6.05

Total Results: 168

Grider v. City of Auburn, Ala.

618 F.3d 1240, 2010 U.S. App. LEXIS 18693, 2010 WL 3464717

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2010 | Docket: 948427

Cited 446 times | Published

Alabama. Brown, 608 F.3d at 741. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing

Harold T. McCormick v. R. B. Kent, III

293 F.3d 1254, 2002 U.S. App. LEXIS 10993, 2002 WL 1274043

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2002 | Docket: 397461

Cited 431 times | Published

9 The Alabama Medical Liability Act § 6-5-482(a), Ala.Code (1975), imposes a limitations

Brown v. City of Huntsville, Ala.

608 F.3d 724, 2010 U.S. App. LEXIS 11480, 2010 WL 2243877

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 2010 | Docket: 1961431

Cited 417 times | Published

discretionary-function immunity in Alabama. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing

Roe v. Michelin North America, Inc.

613 F.3d 1058, 2010 U.S. App. LEXIS 16190, 2010 WL 3033802

Court of Appeals for the Eleventh Circuit | Filed: Aug 5, 2010 | Docket: 2210281

Cited 410 times | Published

negligence if it had not caused death." ALA.CODE § 6-5-410. The statute's goal is to prevent death, not

City of Tuscaloosa v. Harcros Chemicals, Inc.

158 F.3d 548, 50 Fed. R. Serv. 422, 1998 U.S. App. LEXIS 27922, 1998 WL 740059

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1998 | Docket: 1118757

Cited 371 times | Published

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993). 8 The fourth count of the

Tapscott v. MS Dealer Service Corp.

77 F.3d 1353, 1996 U.S. App. LEXIS 4931, 1996 WL 93821

Court of Appeals for the Eleventh Circuit | Filed: Mar 20, 1996 | Docket: 2034371

Cited 333 times | Published

1995), common law and statutory fraud, Ala.Code § 6-5-100, et seq (1975), and civil conspiracy

Taylor Ex Rel. Estate of Mason v. Adams

221 F.3d 1254, 2000 U.S. App. LEXIS 19183, 2000 WL 1140676

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2000 | Docket: 396034

Cited 291 times | Published

3d at 1236 (observing, in dicta, that Ala.Code § 6-5-338, which grants discretionary-function immunity

Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jones

323 F.3d 872, 2003 U.S. App. LEXIS 3857, 2003 WL 722756

Court of Appeals for the Eleventh Circuit | Filed: Mar 4, 2003 | Docket: 1357314

Cited 238 times | Published

of his or her law enforcement duties.” Ala.Code § 6-5-338. 19 “Under discretionary-function-immunity

Edward Shaw v. City of Selma

884 F.3d 1093

Court of Appeals for the Eleventh Circuit | Filed: Mar 7, 2018 | Docket: 6326856

Cited 184 times | Published

or her law enforcement duties." Ala. Code § 6-5-338 (a). Discretionary functions are

Belcher v. City of Foley

30 F.3d 1390, 1994 WL 444783

Court of Appeals for the Eleventh Circuit | Filed: Sep 2, 1994 | Docket: 64017980

Cited 125 times | Published

Alabama’s wrongful death statute, Ala.Code Ann. § 6-5-410 (1993). The individual defendants moved for

United States v. Gloria Santa, A.K.A. Gloria Santa-Betancur

236 F.3d 662

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2001 | Docket: 699957

Cited 116 times | Published

L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have found “anticipatory

Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall

245 F.3d 1299, 2001 U.S. App. LEXIS 5204

Court of Appeals for the Eleventh Circuit | Filed: Mar 29, 2001 | Docket: 450680

Cited 114 times | Published

bad faith. R2-29-6-7; see Ala.Code § 6-5-338(a). In addressing discretionary-function immunity

L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corporation Hessco Industrial Supply, Inc., a Corporation Fred Z. Hester, an Individual

735 F.2d 414, 39 Fed. R. Serv. 2d 733, 1984 U.S. App. LEXIS 20972

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 1984 | Docket: 1304080

Cited 114 times | Published

account fully for the procedural bar of Ala. Code § 6-5-440 (1975) (discussed supra at note 17)

In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing Trustee

869 F.2d 1434, 20 Collier Bankr. Cas. 2d 1140, 1989 U.S. App. LEXIS 4821, 1989 WL 25699

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 1989 | Docket: 818671

Cited 109 times | Published

after a foreclosure sale takes place, Ala. Code § 6-5-230 (1975). Neither of these rights vanishes

1998-2 Trade Cases P 72,307, 12 Fla. L. Weekly Fed. C 217 City of Tuscaloosa Municipal Utilities Board of Albertville, Auburn Water Works Board Jasper Water Works and Sewer Board, Inc., Plaintiffs-Intervenors-Appellants v. Harcros Chemicals, Inc. Jones Chemicals, Inc.

158 F.3d 548

Court of Appeals for the Eleventh Circuit | Filed: Feb 9, 1999 | Docket: 1972082

Cited 105 times | Published

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993).8 The fourth count of the plaintiffs'

Sheth v. Webster

145 F.3d 1231, 1998 U.S. App. LEXIS 15038, 1998 WL 362594

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1998 | Docket: 64053639

Cited 103 times | Published

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became

Rickey E. Haney v. Mizell Memorial Hospital, a Corporation Dr. John Meigs

744 F.2d 1467, 40 Fed. R. Serv. 2d 338, 16 Fed. R. Serv. 1220, 1984 U.S. App. LEXIS 17331

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 1984 | Docket: 288268

Cited 73 times | Published

Alabama Supreme Court has interpreted Ala.Code § 6-5-484 (1975) to require physicians

Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus County, Florida, Robert A. Butterworth

29 F.3d 1495, 1994 U.S. App. LEXIS 23252, 1994 WL 419484

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1994 | Docket: 167120

Cited 72 times | Published

prevent the violation of this Ordinance. Section 6-5. Emergency Adoption and Effective Date.

Jones v. Dillard's, Inc.

331 F.3d 1259, 2003 U.S. App. LEXIS 10942, 92 Fair Empl. Prac. Cas. (BNA) 28, 2003 WL 21250859

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2003 | Docket: 65655466

Cited 71 times | Published

Ezell, 757 So.2d 423, 429 (Ala.2000); Ala.Code § 6-5-101 (1975). Even construing the evidence in a light

Suntree Technologies, Inc. v. Ecosense International, Inc.

693 F.3d 1338, 104 U.S.P.Q. 2d (BNA) 1307, 2012 WL 3832458, 2012 U.S. App. LEXIS 18658, 23 Fla. L. Weekly Fed. C 1497

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2012 | Docket: 593399

Cited 69 times | Published

Date of the Agreement. (emphasis added). Section 6.05 of the bidding documents provided that “[w]henever

Lucero v. Trosch

121 F.3d 591, 38 Fed. R. Serv. 3d 820, 1997 U.S. App. LEXIS 23591, 1997 WL 525439

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 1997 | Docket: 236408

Cited 66 times | Published

under Alabama nuisance law. See Ala.Code § 6-5-120 et seq. The district court denied

Bertha Morrison v. Washington County, Alabama

700 F.2d 678, 1983 U.S. App. LEXIS 29613

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 1983 | Docket: 708949

Cited 66 times | Published

state law claim for wrongful death, Ala.Code Section 6-5-410 (1975), in favor of the hospital. The district

Green v. Jefferson County Commission

563 F.3d 1243, 2009 U.S. App. LEXIS 6953, 2009 WL 819374

Court of Appeals for the Eleventh Circuit | Filed: Mar 31, 2009 | Docket: 213409

Cited 62 times | Published

commencing their action and, thereby, violated § 6-5-20 et seq., Ala.Code 1975. On September 17, 2007

William Castleberry v. Goldome Credit Corp.

408 F.3d 773, 2005 U.S. App. LEXIS 8072, 2005 WL 1076616

Court of Appeals for the Eleventh Circuit | Filed: May 9, 2005 | Docket: 659258

Cited 60 times | Published

781, 788 (Ala.1997); see also Ala.Code § 6-5-101. In analyzing the “false representation” element

Paul L. Spain v. Brown and Williamson

363 F.3d 1183, 17 Fla. L. Weekly Fed. C 355

Court of Appeals for the Eleventh Circuit | Filed: Mar 29, 2004 | Docket: 213014

Cited 51 times | Published

pursuant to Alabama's Wrongful Death Act, Ala.Code § 6-5-410. That act authorizes lawful representatives

Holley Equipment Company, a Corporation v. Credit Alliance Corporation, a Corporation

821 F.2d 1531, 1987 U.S. App. LEXIS 9638

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 1987 | Docket: 428525

Cited 49 times | Published

F.2d 1538, 1544 (11th Cir.1985). Ala.Code § 6-5-101 (1977) provides: “[misrepresentations of a material

Trumpet Vine Investments, N v. v. Union Capital Partners I, Inc.

92 F.3d 1110, 1996 U.S. App. LEXIS 22059, 1996 WL 455512

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 1996 | Docket: 420167

Cited 46 times | Published

and the parties under the principles stated in § 6. 5 (2) Contacts to be taken into account

In Re Bruce Craig Smith, Debtor. Commercial Federal Mortgage Corporation v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing Trustee

85 F.3d 1555, 1996 U.S. App. LEXIS 15299, 29 Bankr. Ct. Dec. (CRR) 465, 1996 WL 312124

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1996 | Docket: 1302877

Cited 45 times | Published

statutory right of redemption under Alabama Code § 6-5-251 (1993). On December 29, 1993, Smith filed a

Alex Wayne Morton v. Jeremy Kirkwood

707 F.3d 1276, 2013 WL 471618, 2013 U.S. App. LEXIS 2754

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2013 | Docket: 1222947

Cited 40 times | Published

of his or her law enforcement duties.” Ala.Code § 6-5-338(a). This includes acts arising from the “enforcement

Belinda Kay McKinnon v. Blue Cross and Blue Shield of Alabama, a Corporation

935 F.2d 1187, 13 Employee Benefits Cas. (BNA) 2611, 1991 U.S. App. LEXIS 14995, 1991 WL 111142

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1991 | Docket: 326500

Cited 39 times | Published

participant or beneficiary based on Alabama Code § 6-5-462, which states that claims upon which an action

William S. Kaye, as Receiver for Barterline, Ltd. v. Pawnee Construction Company, Inc., Birmingham Trust National Bank

680 F.2d 1360, 1982 U.S. App. LEXIS 17240

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 1982 | Docket: 952749

Cited 38 times | Published

misrepresentation, Ala.Code § 6-5-101; suppression of material facts, Ala.Code § 6-5-102; and willful misrepresentation

Old Republic Union Insurance v. Tillis Trucking Co.

124 F.3d 1258, 1997 U.S. App. LEXIS 28422, 1997 WL 605625

Court of Appeals for the Eleventh Circuit | Filed: Oct 14, 1997 | Docket: 236435

Cited 35 times | Published

(1) the Alabama Wrongful Death Statute, Ala.Code § 6-5-410, is unconstitutional; (2) the Alabama Wrongful

Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Grady P. Morrison

747 F.2d 610, 1984 U.S. App. LEXIS 16450

Court of Appeals for the Eleventh Circuit | Filed: Nov 27, 1984 | Docket: 116389

Cited 34 times | Published

a statutory right of redemption under Ala.Code § 6-5-230 (1975). This statutory right, though similar

Hollis Miles v. Tennessee River Pulp and Paper Company, a Foreign Corp.

862 F.2d 1525, 13 Fed. R. Serv. 3d 387, 1989 U.S. App. LEXIS 170, 1989 WL 25

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 1989 | Docket: 279995

Cited 31 times | Published

Cir.1982). 6 . Ala.Code § 6-5-102 (1975). 7 . Crowder v

Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. De Navegacion

773 F.2d 1528, 1986 A.M.C. 1, 1985 U.S. App. LEXIS 21852

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 1985 | Docket: 536064

Cited 31 times | Published

1 Stat. 276. . Act of Aug. 23, 1842, ch. 188, § 6, 5 Stat. 518 (codified as amended in 28 U.S.C. § 2072

Hardin v. Hayes

52 F.3d 934, 1995 U.S. App. LEXIS 11939, 1995 WL 258673

Court of Appeals for the Eleventh Circuit | Filed: May 19, 1995 | Docket: 1962401

Cited 30 times | Published

their treatment of Houseal. See Ala.Code § 6-5-410(a) (1993). Furthermore, for the purpose of the

Roger D. Hovater, Cross-Appellant v. Equifax, Inc., Equifax Services, Inc., and Equifax Services, Ltd., Defendants- Cross-Appellees

823 F.2d 413, 1987 U.S. App. LEXIS 10105, 56 U.S.L.W. 2085

Court of Appeals for the Eleventh Circuit | Filed: Jul 30, 1987 | Docket: 261255

Cited 28 times | Published

285 Ala. 454, 233 So.2d 465, 468 (1970); Ala.Code § 6-5-102 (1975). The district court found that the statute

Robert E. Wright v. Amsouth Bancorp.

320 F.3d 1198, 56 Fed. R. Serv. 3d 1288, 2003 U.S. App. LEXIS 2016, 91 Fair Empl. Prac. Cas. (BNA) 41, 2003 WL 245588

Court of Appeals for the Eleventh Circuit | Filed: Feb 5, 2003 | Docket: 77204

Cited 27 times | Published

brought a fraud claim under Alabama Code (1975) § 6-5-100 et. seq., alleging that AmSouth “represented

Glazner v. Glazner

347 F.3d 1212, 2003 U.S. App. LEXIS 21014, 2003 WL 22351449

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2003 | Docket: 239047

Cited 26 times | Published

Moreover, in its opinion, the Court cites Ala.Code § 6-5-370 to suggest that Mr. Glazner’s conduct exposed

Marshall v. Hollywood, Inc.

236 So. 2d 114

Supreme Court of Florida | Filed: May 13, 1970 | Docket: 456749

Cited 26 times | Published

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The

City of Miami v. St. Joe Paper Co.

364 So. 2d 439

Supreme Court of Florida | Filed: Oct 5, 1978 | Docket: 462042

Cited 25 times | Published

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The

Carolyn N. Hess, Administratrix of the Estate of David Milano, Deceased v. Bob Eddy

689 F.2d 977, 35 Fed. R. Serv. 2d 78, 1982 U.S. App. LEXIS 24661

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 1982 | Docket: 1384609

Cited 24 times | Published

case, Alabama’s wrongful death statute, Ala.Code § 6-5-410 (1977), provides for a two-year limitations

Intercorp, Inc. v. Pennzoil Company, Pennzoil Products Company, a Division of Pennzoil Company, Intercorp, Inc. v. Pennzoil Company

877 F.2d 1524, 9 U.C.C. Rep. Serv. 2d (West) 454, 1989 U.S. App. LEXIS 10771, 1989 WL 73724

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1989 | Docket: 72431

Cited 21 times | Published

by the opposite party, constitute legal fraud. § 6-5-101. Thus, to recover damages for misrepresentation

St. Paul Fire & Marine Insurance v. ERA Oxford Realty Co. Greystone, LLC

572 F.3d 893, 2009 U.S. App. LEXIS 13805, 2009 WL 1757162

Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 2009 | Docket: 399423

Cited 20 times | Published

violation of Alabama antitrust statute, Ala.Code § 6-5-60; and (9) civil conspiracy to commit the violations

Randolph County v. Alabama Power Company

784 F.2d 1067

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 1986 | Docket: 429646

Cited 20 times | Published

law. Alabama law on fraud, codified in Ala.Code § 6-5-100 to 104 (1975), Barrett v. Farmers & Merchants

Southern Bank of Lauderdale County v. Internal Revenue Service, United States of America, Mid-State Homes, Inc. v. United States

770 F.2d 1001, 56 A.F.T.R.2d (RIA) 5952, 1985 U.S. App. LEXIS 23060

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 1985 | Docket: 768142

Cited 19 times | Published

6 . See Ala.Code § 6-5-230 to § 6-5-246 (1977). 7 . Southern Bank

Christian Lewis v. Sheila D. Moore

886 F.3d 1058

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2018 | Docket: 6350882

Cited 17 times | Published

Liability Act (AMLA), Ala. Code § 6-5-480 et seq. and § 6-5-540 et seq. (1975),

Akanthos Capital Management, LLC v. Compucredit Holdings Corp.

677 F.3d 1286, 2012 WL 1414247, 2012 U.S. App. LEXIS 8359

Court of Appeals for the Eleventh Circuit | Filed: Apr 25, 2012 | Docket: 78447

Cited 17 times | Published

itself. [8] Plaintiffs also argue that because Section 6.05 of the indentures gives the majority the ability

Marija Wolff, Individually And/or as of the Estate of C. Robert Wolff v. Allstate Life Insurance Company

985 F.2d 1524, 1993 U.S. App. LEXIS 5202, 1993 WL 56828

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 1993 | Docket: 842024

Cited 17 times | Published

Alabama are governed by statutory authority: § 6-5-102. Suppression of material facts. Suppression

State of Alabama v. PCI Gaming Authority

801 F.3d 1278, 2015 U.S. App. LEXIS 15692, 2015 WL 5157426

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2015 | Docket: 2701079

Cited 16 times | Published

nuisance under Alabama law. See Ala.Code § 6-5-121 (authorizing Alabama to bring a lawsuit to abate

Jackson v. Pleasant Grove Health Care Center

980 F.2d 692, 1993 U.S. App. LEXIS 2

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1993 | Docket: 1089669

Cited 16 times | Published

caused Russell's wrongful death. See Ala.Code § 6-5-542(2). The district court granted Pleasant Grove's

Oppenheimer & Co., Inc. v. Young

456 So. 2d 1175, 9 Fla. L. Weekly 420, 1984 Fla. LEXIS 3422

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 1447607

Cited 15 times | Published

purchasers of securities under such federal laws. Section 6[5] granted jurisdiction to the courts of this state

Shaw v. State Farm Fire & Casualty Co.

37 So. 3d 329, 2010 Fla. App. LEXIS 6292, 2010 WL 1812596

District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 772773

Cited 13 times | Published

7 Fla. Prac., Motor Vehicle No-Fault Law (PIP) § 6:5 (2009-2010 ed.)

Charles Desmond Tucker v. Frank Edward Fearn, Judy Fearn

333 F.3d 1216, 2003 A.M.C. 1705, 2003 U.S. App. LEXIS 11536, 2003 WL 21338926

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2003 | Docket: 397705

Cited 13 times | Published

under Alabama’s wrongful death statute, Ala.Code § 6-5-410. The Fearns moved to strike Tucker’s general

Altosino v. Warrior & Gulf Navigation Co.

121 F.3d 1421, 1997 U.S. App. LEXIS 23811, 1997 WL 534236

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 1997 | Docket: 236397

Cited 13 times | Published

that the Aabama wrongful death statute, Aa.Code § 6-5-410 (1993),1 applied to all aspects of the wrongful

Kolsky v. Jackson Square, LLC

28 So. 3d 965, 2010 Fla. App. LEXIS 2081, 2010 WL 624122

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1168515

Cited 11 times | Published

affairs and is granted broad powers. Specifically, section 6.5(c) of the Wagner operating agreement and 6.3(h)

United States v. Mary Lee Banshee, A/K/A Mary Lee Johnson

91 F.3d 99

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 1996 | Docket: 286229

Cited 11 times | Published

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) (“[wjhere, for example, only a very limited

Ocean Trail Unit Owners Ass'n v. Mead

650 So. 2d 4, 1994 WL 620851

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 1346470

Cited 11 times | Published

problem when it included section 6.5 in its declaration of condominium. Section 6.5 provides that any lien

Carlton G. Springer, Sr., as Administrator of the Estate of Bettie I. Springer, Deceased v. Charles Ray Bryant and Tennessee Valley Authority

897 F.2d 1085, 1990 U.S. App. LEXIS 4653, 1990 WL 27243

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1990 | Docket: 824257

Cited 11 times | Published

the Alabama wrongful death statute, 1975 Ala.Code § 6-5-410, and sought to recover punitive damages.

Estate of Gilliam Ex Rel. Waldroup v. City of Prattville

639 F.3d 1041, 2011 U.S. App. LEXIS 8485, 2011 WL 1544818

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 2011 | Docket: 444002

Cited 10 times | Published

Under the Alabama survivorship statute, Ala.Code § 6-5-462, unfiled personal injury claims do not survive

Williams v. Lee County, Alabama

78 F.3d 491, 1996 U.S. App. LEXIS 2382, 1996 WL 103880

Court of Appeals for the Eleventh Circuit | Filed: Feb 1, 1996 | Docket: 73220

Cited 10 times | Published

wrongful death claim under Ala. Code § 6-5-410, arising out of the jail suicide of his son

Industrial Partners, Ltd., an Illinois Limited Partnership v. Csx Transportation, Inc., a Virginia Corporation

974 F.2d 153, 1992 U.S. App. LEXIS 24333, 1992 WL 224552

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 1992 | Docket: 1012769

Cited 9 times | Published

So.2d 186, 188 n. 2 (Ala.1991) (citing ALA.CODE § 6-5-101). Issues which may need to be addressed include

Riley v. Willis

585 So. 2d 1024, 1991 WL 159168

District Court of Appeal of Florida | Filed: Aug 22, 1991 | Docket: 1688523

Cited 8 times | Published

the jury on Hernando County Ordinance 86-2, section 6-5, the local leash law: The owner, harborer, keeper

Carol Morris, Administratrix of the Estate of Linda Louis Grimes, Deceased v. Sse, Inc.

912 F.2d 1392, 12 U.C.C. Rep. Serv. 2d (West) 628, 1990 U.S. App. LEXIS 16911, 1990 WL 129268

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 1990 | Docket: 826850

Cited 8 times | Published

which has a two-year limitations period. Ala.Code § 6-5-410 (1975). As we have noted, the appellant failed

Sawyer v. Modrall

286 So. 2d 610

District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1714521

Cited 8 times | Published

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The

T.M.H. v. D.M.T.

79 So. 3d 787

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 60305382

Cited 7 times | Published

Florida law].”); 23 Fla. Prac., Florida Family Law § 6:5 (2011) (“a child cannot legally have two fathers

First Alabama Bank of Montgomery, N.A. v. First State Insurance

899 F.2d 1045

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 1990 | Docket: 66252936

Cited 7 times | Published

(1957). Ellis, 409 F.Supp. at 1157; see ALA. CODE § 6-5-101 to § 102 (1975). Furthermore, the fraud of suppression

First Alabama Bank of Montgomery, N.A. v. First State Insurance

899 F.2d 1045

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 1990 | Docket: 66252936

Cited 7 times | Published

(1957). Ellis, 409 F.Supp. at 1157; see ALA. CODE § 6-5-101 to § 102 (1975). Furthermore, the fraud of suppression

In Re Miami General Hospital Inc.

89 B.R. 980, 1988 Bankr. LEXIS 1433

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 14, 1988 | Docket: 1385264

Cited 7 times | Published

Reorganizations Under Chapter 11 of the Bankruptcy Code, § 6.05(5) at 6-35 (1987 ed.); see also In Re Public Ledger

Construction Aggregate Transport, Inc. v. Florida Rock Industries, Inc.

710 F.2d 752

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1983 | Docket: 66193573

Cited 6 times | Published

See generally I E. Kintner, Federal Antitrust Law § 6.5, at 294 n. 41 (1980); I P. Areeda & D. Turner, Antitrust

P & S Business MacHines Inc. v. Olympia U.S.A., Inc., a Corporation, and Robert Morris

707 F.2d 1321, 1983 U.S. App. LEXIS 26426

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1983 | Docket: 225231

Cited 6 times | Published

and proximate consequences of the fraud. Ala.Code § 6-5-101 (1975); Fidelity and Casualty Co. v. J

Roger Rankin Enterprises, Inc. v. Green

433 So. 2d 1248, 1983 Fla. App. LEXIS 19689

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 1425684

Cited 6 times | Published

same manner as other states, see, e.g., Ala. Code § 6-5-285 (1975); Miss. Code Ann. § 11-7-12 (1972), as

United States v. Blasco

702 F.2d 1315, 13 Fed. R. Serv. 479

Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 1983 | Docket: 66193053

Cited 6 times | Published

and search). See 2 W. LaFave, Search and Seizure §)6.5 (1978). Because the protections of the fourth amendment

Melissa Ann Bobo v. Tennessee Valley Authority

855 F.3d 1294, 41 I.E.R. Cas. (BNA) 1781, 2017 WL 1488237, 2017 U.S. App. LEXIS 7364

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 2017 | Docket: 5805152

Cited 5 times | Published

of [asbestos] litigation,” citing Alabama Code § 6-5-682. All that section does, however, is limit the

Reyes v. Claria Life & Health Insurance Co.

190 So. 3d 154, 2016 Fla. App. LEXIS 4033, 2016 WL 1039131

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044885

Cited 5 times | Published

compel arbitration, both of which were based upon Section 6.5 of the Certificate, entitled “Arbitration, Legal

Cunningham v. Fleetwood Homes of Georgia, Inc.

253 F.3d 611, 2001 U.S. App. LEXIS 11759, 2001 WL 618262

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2001 | Docket: 396844

Cited 5 times | Published

Manufacturer’s Liability Doctrine, Ala.Code 1975, § 6-5-500, et seq., and violations of the Magnu-son-Moss

Bradford v. Bruno's, Inc.

41 F.3d 625, 1995 U.S. App. LEXIS 33, 1995 WL 304

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 1995 | Docket: 210370

Cited 5 times | Published

collateral source statutes. One of them, Ala.Code § 6-5-522 (1993), applies only to products liability actions

Mississippi Valley Title Insurance Company v. J. Garrison Thompson

754 F.3d 1330, 2014 WL 2766190, 2014 U.S. App. LEXIS 11514

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2014 | Docket: 2901704

Cited 4 times | Published

“legal service” within the meaning of Ala.Code § 6-5-574, when he performs a title search, analyzes documents

DR Horton, Inc.-Jacksonville v. Peyton

959 So. 2d 390, 2007 WL 1730106

District Court of Appeal of Florida | Filed: Jun 18, 2007 | Docket: 1525784

Cited 4 times | Published

development in the Baymeadows area of the City. Under section 6.05 of the City's Charter, the mayor does not possess

MIRACLE CENTER v. Scandinavian Health Spa

889 So. 2d 877, 2004 WL 2727762

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 1488536

Cited 4 times | Published

payment of the common area costs is set forth in Section 6.05 of the lease agreement. Miracle was required

Northland Casualty Co. v. HBE Corp.

145 F. Supp. 2d 1310, 2001 U.S. Dist. LEXIS 6788, 2001 WL 557590

District Court, M.D. Florida | Filed: May 24, 2001 | Docket: 1445997

Cited 4 times | Published

significant relationship under the principles stated in § 6[5] to the transaction and the parties, *1314 in which

United States v. Franz

818 F. Supp. 1478, 1993 U.S. Dist. LEXIS 9913, 1993 WL 113525

District Court, M.D. Florida | Filed: Mar 18, 1993 | Docket: 977921

Cited 4 times | Published

(citing 1 K. Davis, Administrative Law Treatise § 6.05 (1st ed. 1958). While notice and an opportunity

United States v. Franz

818 F. Supp. 1478, 1993 U.S. Dist. LEXIS 9913, 1993 WL 113525

District Court, M.D. Florida | Filed: Mar 18, 1993 | Docket: 977921

Cited 4 times | Published

(citing 1 K. Davis, Administrative Law Treatise § 6.05 (1st ed. 1958). While notice and an opportunity

Jackson v. Smith

927 F.2d 544, 13 Employee Benefits Cas. (BNA) 1802, 136 L.R.R.M. (BNA) 2965, 1991 U.S. App. LEXIS 4485

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 1991 | Docket: 312175

Cited 4 times | Published

the Plan. The Employer Trustees noted that Section 6.05 expressly declares that any change in benefits

Versiglio v. BOARD OF DENTAL EXAMINERS OF ALABAMA

651 F.3d 1272, 18 Wage & Hour Cas.2d (BNA) 10, 2011 U.S. App. LEXIS 17802, 2011 WL 3759637

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2011 | Docket: 844259

Cited 3 times | Published

functions of any group, person, or persons." Id. § 6-5-340(a)(7). The Alabama Administrative Procedure

Commonwealth Land Title Insurance v. Poe (In Re Poe)

477 F.3d 1317, 2007 WL 438335

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 2007 | Docket: 213223

Cited 3 times | Published

interpret Alabama’s redemption statute, Ala.Code § 6-5-248, in the context of a messy set of facts involving

Canida v. Canida

751 So. 2d 647, 1999 WL 1241948

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1712566

Cited 3 times | Published

with" or "residing with" requirement. See, e.g., § 6-5-380, Ala.Code (1993)(amended in 1994 to "care or

Titus v. State

696 So. 2d 1257, 1997 WL 360959

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695950

Cited 3 times | Published

Wayne R. LaFave, SEARCH AND SEIZURE, (3rd ed.) § 6.5(d). Since McDonald, several courts have addressed

Cortina v. Sovran Bank, N.A.

927 F. Supp. 439, 1994 U.S. Dist. LEXIS 20934, 1994 WL 901931

District Court, S.D. Florida | Filed: Sep 21, 1994 | Docket: 1921281

Cited 3 times | Published

took any action to terminate the SERP pursuant to § 6.5. Rather, in footnote 16 of his opposing memorandum

Oxford Furniture Companies, Inc. v. Drexel Heritage Furnishings, Inc.

984 F.2d 1118, 1993 U.S. App. LEXIS 3436

Court of Appeals for the Eleventh Circuit | Filed: Jan 14, 1993 | Docket: 340447

Cited 3 times | Published

558 So.2d 903, 905 (Ala.1990). See Ala.Code § 6-5-102 (1975). Drexel argues that Oxford failed to

Gilmere v. City of Atlanta

864 F.2d 734, 1989 WL 1151

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 1989 | Docket: 66241413

Cited 3 times | Published

issue before the court in Wilson. . See Ala.Code § 6-5-410; Ga.Code §§ 51-4-1 and 51-4-5; Fla.Stat.Ann

Mississippi Valley Title Insurance Company v. J. Garrison Thompson

802 F.3d 1248, 2015 U.S. App. LEXIS 17140, 2015 WL 5693118

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 2015 | Docket: 2862791

Cited 2 times | Published

“legal service” within the meaning of Ala.Code § 6-5-574 when he performs a title search, forms an unwritten

Thomas Arthur Entrekin v. Internal Medicine Associates of Dothan, P.A.

689 F.3d 1248, 2012 WL 3208641, 2012 U.S. App. LEXIS 16655

Court of Appeals for the Eleventh Circuit | Filed: Aug 9, 2012 | Docket: 592980

Cited 2 times | Published

under Alabama’s wrongful death statute, Ala.Code § 6-5-410. The district court denied the nursing home’s

Tmh v. Dmt

79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 138267

Cited 2 times | Published

Florida law]."); 23 Fla. Prac., Florida Family Law § 6:5 (2011) ("a child cannot legally have two fathers

Burgess v. Prince

25 So. 3d 705, 2010 Fla. App. LEXIS 405, 2010 WL 199422

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1661204

Cited 2 times | Published

fiduciary's commissions.... (Emphasis added.) Finally, section 6.5 allows the Trustee to compensate a beneficiary

William Castleberry v. Goldome Credit Corp.

418 F.3d 1267, 2005 U.S. App. LEXIS 16472, 2005 WL 1865984

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2005 | Docket: 2040302

Cited 2 times | Published

of the policy coverage. See id. at § 6.5, pp. 213-14. Thus, [a]n insurer’s duty to defend

Foxworth Ex Rel. Estate of Durden v. Kia Motors

377 F. Supp. 2d 1196, 2005 U.S. Dist. LEXIS 18587, 2005 WL 1690601

District Court, N.D. Florida | Filed: Mar 30, 2005 | Docket: 2574291

Cited 2 times | Published

non conveniens grounds pursuant to Ala.Code 1975, § 6-5-430.[4] Defendants then filed a petition for writ

Spain v. Brown & Williamson Tobacco Corp.

363 F.3d 1183

Court of Appeals for the Eleventh Circuit | Filed: Oct 18, 2000 | Docket: 1242296

Cited 2 times | Published

pursuant to Alabama’s Wrongful Death Act, Ala.Code § 6-5^410. That act authorizes lawful representatives

Hopkins v. BP Oil, Inc.

81 F.3d 1070, 1996 U.S. App. LEXIS 9650, 1996 WL 169375

Court of Appeals for the Eleventh Circuit | Filed: Apr 26, 1996 | Docket: 419667

Cited 2 times | Published

to communicate any material fact under Ala.Code § 6-5-102 (1993) because *1076 U.R. 3.5 did

PMI Investment, Inc. v. Rose (In Re Prime Motor Inns, Inc.)

167 B.R. 261

United States Bankruptcy Court, S.D. Florida. | Filed: May 12, 1994 | Docket: 1604099

Cited 2 times | Published

audited financial statements as required under section 6.5 of the PMI Loan Agreement because the PMI Borrowers

Everett v. City of Tallahassee

840 F. Supp. 1528, 1993 U.S. Dist. LEXIS 18698, 1992 WL 554233

District Court, N.D. Florida | Filed: Jul 2, 1993 | Docket: 1782359

Cited 2 times | Published

station on the Oven property in violation of Section 6.5 of the City's Zoning Code. According to plaintiff

Steadham v. Sanders

941 F.2d 1534, 1991 U.S. App. LEXIS 21832

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 1991 | Docket: 784172

Cited 2 times | Published

Alabama Code § 6-5-20 (1975). Section 6-5-20 reads as follows: 3 § 6-5-20. Presentment

Auto-Owners Insurance Company v. Johnson, Rast & Hays Insurance of South Alabama, Inc.

820 F.2d 380, 1987 U.S. App. LEXIS 8133

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 1987 | Docket: 809765

Cited 2 times | Published

mistake or innocently.” See Ala.Code § 6-5-101 (1977). The special interrogatory returned by

City of Coconut Creek v. Broward Cty. Bd.

430 So. 2d 959

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445934

Cited 2 times | Published

County Charter deals with land use planning. Section 6.05(D) of Article VI, amended in November, 1976

Adams v. Auchter Co.

339 So. 2d 623

Supreme Court of Florida | Filed: Aug 25, 1976 | Docket: 1436757

Cited 2 times | Published

Stat. § 443.02 (1973). [4] Fla. Const. art. I, § 6. [5] See Thornbrough v. Stewart, 232 Ark. 53, 334

Christian Lewis v. Sheila D. Moore

861 F.3d 1303, 2017 WL 2874804, 2017 U.S. App. LEXIS 12096

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2017 | Docket: 6085816

Cited 1 times | Published

Alabama Medical Liability Act (AMLA). Ala. Code § 6-5-542(3), “applies in any action for injury or damages

Hancock v. Northport Health Services of Florida, LLC

150 So. 3d 1262, 2014 Fla. App. LEXIS 19140, 2014 WL 6489418

District Court of Appeal of Florida | Filed: Nov 21, 2014 | Docket: 60244188

Cited 1 times | Published

the Alabama Medical Liability Act, Alabama Code § 6-5-540 et seq. and Alabama Code § 22-21-8 et seq. The

Starling v. R.J. Reynolds Tobacco Co.

845 F. Supp. 2d 1215, 2011 U.S. Dist. LEXIS 151514, 2011 WL 6965854

District Court, M.D. Florida | Filed: Nov 2, 2011 | Docket: 65979342

Cited 1 times | Published

Starling’s death, that he had passed away. Section 6.5 of Plaintiffs’ Amended Proposed 10-case Trial

Baloco Ex Rel. Tapia v. Drummond Co., Inc.

640 F.3d 1338, 22 Fla. L. Weekly Fed. C 2087

Court of Appeals for the Eleventh Circuit | Filed: May 20, 2011 | Docket: 337284

Cited 1 times | Published

complainants under Alabama's internal law. See Ala.Code. § 6-5-410(a) (only a "personal representative" may bring

Ecoventure WGV, Ltd. v. Saint Johns Northwest Residential Ass'n

56 So. 3d 126, 2011 Fla. App. LEXIS 3266, 2011 WL 830626

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 60298528

Cited 1 times | Published

Association made two promises, by and through section 6.5 of its Declaration, to induce lenders to extend

Gulf Power Co. v. Coalsales II, L.L.C.

661 F. Supp. 2d 1270, 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 2281928

Cited 1 times | Published

agreement. In response, Gulf Power argues that Section 6.05, which refers to Section 9.01, established the

Liquidity Solutions, Inc. v. Winn-Dixie Stores, Inc. (In Re Winn-Dixie Stores, Inc.)

377 B.R. 322, 2007 U.S. Dist. LEXIS 75299, 2007 WL 2972613

District Court, M.D. Florida | Filed: Oct 10, 2007 | Docket: 1103860

Cited 1 times | Published

post-emergence." (Bankr.Doc. # 9787 at 105). Section 6.5 of the Plan calls for Winn-Dixie to authorize

Pamela Sue Jones v. Dillard's, Inc.

368 F.3d 1278

Court of Appeals for the Eleventh Circuit | Filed: May 30, 2003 | Docket: 76122

Cited 1 times | Published

Ezell, 757 So.2d 423, 429 (Ala.2000); Ala.Code § 6-5-101 (1975). 56 Even construing

Northeast Hotel Associates v. Prime Motor Inns, Inc. (In Re Prime Motor Inns, Inc.)

131 B.R. 233, 1991 Bankr. LEXIS 1248

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 23, 1991 | Docket: 237507

Cited 1 times | Published

Plaintiffs. Plaintiffs then repay this money to PMI. Section 6.5 of the Loan Agreement provides that: (a) [Plaintiffs]

Braswell v. ConAgra, Inc.

936 F.2d 1169, 1991 U.S. App. LEXIS 15971, 1991 WL 121471

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1991 | Docket: 66265254

Cited 1 times | Published

592 (Ala.1987) (per curiam); see also Ala.Code § 6-5-101 (1975). The plaintiffs presented evidence that

Jackson v. Smith

927 F.2d 544, 1991 WL 28194

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 1991 | Docket: 66262559

Cited 1 times | Published

under the Plan. The Employer Trustees noted that Section 6.05 expressly declares that any change in benefits

F/S Airlease II, Inc. v. Air Florida, Inc. (In Re Air Florida, Inc.)

44 B.R. 798, 1984 Bankr. LEXIS 4517

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 30, 1984 | Docket: 1818995

Cited 1 times | Published

respect to replacing engines did not apply. Under Section 6.05 of the Master Lease, Air Florida merely had

Angela McCullough v. The City of Montgomery, Alabama

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 2024 | Docket: 68980654

Published

deprived of his personal liberty.” Ala. Code § 6-5-170. Alabama law recognizes false-imprisonment

Landcastle Acquisition Corp. v. Renasant Bank

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 2023 | Docket: 66719224

Published

of Agency, supra, § 6.05 cmt. b). That quoted comment b to § 6.05, however, addresses

Mark Blackburn v. Shire US Inc

Court of Appeals for the Eleventh Circuit | Filed: Nov 29, 2021 | Docket: 61579226

Published

super- seded by statute on other grounds, ALA. CODE § 6-5-530, as recog- nized in Forest Lab’ys, LLC v. Feheley

Estate of Jeffrey West v. Robert DeFrancisco

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2021 | Docket: 60224301

Published

two-year statute of limitations. Alabama Code. § 6-5-482. Count IV, violations of the Alabama Open Records

Aubrey Williams v. Daniel Aguirre

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 2020 | Docket: 17344206

Published

(internal quotation marks omitted); see also Ala. Code § 6-5-338(a). Williams agrees that the officers acted

Trinell King v. Ricky Pridmore

Court of Appeals for the Eleventh Circuit | Filed: Jun 5, 2020 | Docket: 17227510

Published

of his or her law enforcement duties.” Ala. Code § 6-5-338(a). As we recently noted in Hunter v. Leeds

Ronald Hunter, Jr. v. Leeds, City of

Court of Appeals for the Eleventh Circuit | Filed: Nov 1, 2019 | Docket: 16418075

Published

court’s denial of Alabama state-law immunity under § 6–5–338(a) is immediately appealable).

Ballantrae Homeowners Association, Inc. v. Federal National Mortgage Association

203 So. 3d 938, 2016 Fla. App. LEXIS 13268

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418860

Published

Association made two promises, by and through section 6.5 of its Declaration .... First, it promised that

Barrier v. JFK Medical Center Ltd. Partnership

169 So. 3d 185, 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248867

Published

David C. Brennan, Fla. Guardianship Law & Proc. § 6.5 (2d ed. June 2014) (“Even if the emergency temporary

Pamela Barrier, etc. v. JFK Medical Center Limited Partnership, etc., Palm Beach Emergency Medical Associates, P.L., etc., Jason Sevald, M.D., Armor Correctional Health Services, Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., and Pierre Dorsainvil, M.D.

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679257

Published

David C. Brennan, Fla. Guardianship Law & Proc. § 6.5 (2d ed. June 2014) (“Even if the emergency temporary

8330 Tokyo Valentino, LLC v. City of Miami

990 F. Supp. 2d 1327, 2013 WL 6869393, 2013 U.S. Dist. LEXIS 182178

District Court, S.D. Florida | Filed: Dec 30, 2013 | Docket: 65996627

Published

that Plaintiffs landlord was in violation of Section 6.5 of the Zoning Ordinance, which relates to the

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

123 So. 3d 86, 2013 WL 4859092

District Court of Appeal of Florida | Filed: Sep 12, 2013 | Docket: 60235253

Published

which has a need for such a center.” Ch. 90-284, § 6(5), Laws of Fla.; § 395.0335(5), Fla. Stat. (1991)

Alex Wayne Morton v. Jeremy Kirkwood

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2013 | Docket: 2903552

Published

his or her law enforcement duties.” Ala. Code § 6-5-338(a). This includes acts arising from the “enforcement

Thomas Arthur Entrekin v. Internal Medicine Associates of Dothan, P.A.

Court of Appeals for the Eleventh Circuit | Filed: Aug 9, 2012 | Docket: 2904243

Published

under Alabama’s wrongful death statute, Ala. Code § 6-5-410. The district court denied the nursing home’s

Akanthos Capital Management, LLC v. CompuCredit Holdings Corporation

Court of Appeals for the Eleventh Circuit | Filed: Apr 25, 2012 | Docket: 2904857

Published

Plaintiffs also argue that because Section 6.05 of the indentures gives the majority the ability

Patrick James Grider v. City of Auburn, Alabama

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 2010 | Docket: 2906863

Published

3d __, 2010 WL 2243877, at *11. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing

Joi Brown v. City of Huntsville, AL

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 2010 | Docket: 2907280

Published

discretionary-function immunity in Alabama. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing

Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In Re Colony Beach & Tennis Club Ass'n)

423 B.R. 690, 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615

United States Bankruptcy Court, M.D. Florida | Filed: Jan 15, 2010 | Docket: 1638474

Published

is in the Bylaws of the Association. (Ex. 11 at § 6.5.) Colony Beach Associates, Ltd. ("CBA") was formed

Banc One Leasing Corp. v. Everglades Memorial Hospital, Inc. (In re Everglades Memorial Hospital, Inc.)

346 B.R. 223, 19 Fla. L. Weekly Fed. B 296, 2006 Bankr. LEXIS 1454

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 26, 2006 | Docket: 65783054

Published

for the entire ten-year term (Banc One Ex. 1 — Section 6.5). LEGAL ANALYSIS The Lease Agreement is a contract

Gary R. Cunningham v. Fleetwood Homes of GA

253 F.3d 611

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2001 | Docket: 396845

Published

Manufacturer’s Liability Doctrine, ALA. CODE 1975, § 6-5-500, et seq., and violations of the Magnuson-Moss

Tammy D. Scarbrough v. Bryant Myles, Jr.

Court of Appeals for the Eleventh Circuit | Filed: Mar 29, 2001 | Docket: 1677981

Published

malicious, or in bad faith. R2-29-6-7; see Ala. Code § 6-5-338(a). In addressing discretionary-function immunity

Tammy D. Scarbrough v. Bryant Myles, Jr.

Court of Appeals for the Eleventh Circuit | Filed: Mar 29, 2001 | Docket: 396466

Published

malicious, or in bad faith. R2-29-6-7; see Ala.Code § 6-5-338(a). In addressing discretionary-function immunity

United States v. Gloria Santa

Court of Appeals for the Eleventh Circuit | Filed: Dec 28, 2000 | Docket: 396266

Published

1971-1972, 26 L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have 15

United States v. Gloria Santa

Court of Appeals for the Eleventh Circuit | Filed: Dec 28, 2000 | Docket: 396274

Published

26 L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have found

Taylor v. City of Mobile

221 F.3d 1254

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2000 | Docket: 396030

Published

3d at 1236 (observing, in dicta, that Ala. Code § 6-5-338, which grants discretionary-function immunity

W.E.R. v. School Board of Polk County

749 So. 2d 540, 2000 Fla. App. LEXIS 17, 2000 WL 3946

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64794198

Published

appellants be found guilty only of violating section 6.05 and not guilty of violating section 6.28 of

City of Tuscaloosa v. Harcros Chem.

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1998 | Docket: 237175

Published

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993).8 The fourth count of the conditions

Sheth v. City of Mobile

137 F.3d 1447, 1998 U.S. App. LEXIS 6633, 1998 WL 152601

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1998 | Docket: 98287

Published

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of 'Alabama' 1975. This provision became

Sheth v. City of Mobile

137 F.3d 1447

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1998 | Docket: 211935

Published

6 Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became

Sheth v. City of Mobile

137 F.3d 1447

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1998 | Docket: 211937

Published

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became

Sheth v. City of Mobile

137 F.3d 1447

Court of Appeals for the Eleventh Circuit | Filed: Apr 2, 1998 | Docket: 422596

Published

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became

Commercial Fed. Mtge. v. Smith

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1996 | Docket: 1420299

Published

statutory right of redemption under Alabama Code § 6-5-251 (1993). On December 29, 1993, Smith

United States v. Banshee

85 F.3d 571, 1996 WL 290364

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1996 | Docket: 2022254

Published

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very

United States v. Banshee

85 F.3d 571

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1996 | Docket: 235849

Published

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very

United States v. Banshee

85 F.3d 571

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1996 | Docket: 235847

Published

detention. See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very

Brown v. Enstar Group, Inc.

Court of Appeals for the Eleventh Circuit | Filed: May 31, 1996 | Docket: 419696

Published

obligation to communicate." Ala.Code § 6-5-102 (1995). There is no evidence in the

Anderson v. George H. Lanier Memorial Hospital

982 F.2d 1513, 1993 U.S. App. LEXIS 2161, 1993 WL 15910

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 1993 | Docket: 66280095

Published

after such act____ See Ala. Code § 6-5-482(a) (1975). In section 6-5-482(b), the Act states: Subsection

Oxford Furniture Companies v. Drexel Heritage Furnishings, Inc.

984 F.2d 1118, 1993 WL 35901

Court of Appeals for the Eleventh Circuit | Filed: Jan 14, 1993 | Docket: 66280214

Published

Co., 558 So.2d 903, 905 (Ala.1990). See Ala.Code § 6-5-102 (1975). Drexel argues that Oxford failed to

Jackson v. Pleasant Grove Health Care Center

980 F.2d 692, 1993 WL 75

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1993 | Docket: 66279405

Published

proximately caused Russell’s wrongful death. See Ala.Code § 6-5-542(2). The district court granted Pleasant Grove’s

Steadham v. Sanders

941 F.2d 1534, 1991 WL 166729

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 1991 | Docket: 66266406

Published

pursuant to Alabama Code § 6-5-20 (1975). Section 6-5-20 reads as follows: § 6-5-20. Presentment of claim

Hampton v. International Business & Mercantile Reassurance Co.

909 F.2d 1577, 1990 WL 118031

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1990 | Docket: 66255638

Published

Knutilla, 547 So.2d 424, 426 (Ala.1989); Ala.Code § 6-5-101 (1975).5 If met, the elements above entitle

Free v. Granger

887 F.2d 1552, 1989 WL 86482

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 1989 | Docket: 66248475

Published

statute of limitations, which is two years. Ala.Code § 6-5-482. His claim for negligence is likewise barred

Farlow v. Union Central Life Insurance

874 F.2d 791

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 1989 | Docket: 66244211

Published

causes of action under Alabama law. See Ala.Code § 6-5-101 (1975) (legal fraud actionable even when innocently

Mercer v. Davis & Berryman International, Inc.

834 F.2d 922

Court of Appeals for the Eleventh Circuit | Filed: Dec 21, 1987 | Docket: 66231229

Published

Moore-Handley, Inc., 437 So.2d 76, 80 (Ala.1983); Ala.Code § 6-5-104(a), (b)(4) (1977). Davis quarrels with Mercer’s

Dominick v. Dixie National Life Insurance

809 F.2d 1559, 1987 U.S. App. LEXIS 2348

Court of Appeals for the Eleventh Circuit | Filed: Feb 18, 1987 | Docket: 66222438

Published

So. 643, 644 (1918). Indeed, under Alabama Code § 6-5-101 (1975): “Misrepresentations of a material fact

Cincinnati Insurance v. Metropolitan Properties, Inc.

806 F.2d 1541

Court of Appeals for the Eleventh Circuit | Filed: Dec 31, 1986 | Docket: 66221827

Published

opposite party constitute legal fraud.” Ala.Code § 6-5-101 (1975).

Michigan Abrasive Co. v. Poole

805 F.2d 1001

Court of Appeals for the Eleventh Circuit | Filed: Dec 10, 1986 | Docket: 66221401

Published

based upon the evidence presented. AFFIRMED. . § 6.5 of the sublease provided that the subles-see was

Ago

Florida Attorney General Reports | Filed: May 29, 1986 | Docket: 3255441

Published

facilities owned and operated by the district. Section 6(5), Ch. 82-291, Laws of Florida. Pursuant to s

Ago

Florida Attorney General Reports | Filed: Feb 3, 1981 | Docket: 3256641

Published

the Old-age and Survivors Insurance System. Section 6-5 of the Gainesville Municipal Code provides, among

Johnson v. Johansen

338 So. 2d 1300, 1976 Fla. App. LEXIS 15856

District Court of Appeal of Florida | Filed: Nov 2, 1976 | Docket: 64555725

Published

council may not depose the new mayor, however. For section 6.05 provides that the person thus becoming mayor

Marshall v. Hollywood, Inc.

236 So. 2d 114, 1970 Fla. LEXIS 2729

Supreme Court of Florida | Filed: May 13, 1970 | Docket: 64514914

Published

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The