CopyCited 222 times | Published | Court of Appeals for the Eleventh Circuit | 69 Fed. R. Serv. 738, 2006 U.S. App. LEXIS 6052, 2006 WL 587875
(quoting 1 W. LaFave, Criminal Procedure § 6.6(e), at 496 (1984 & 1991 Supp.));
CopyCited 158 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 9044, 2002 WL 970709
” 3 Wayne LaFave, Search and Seizure § 6.6(a), at 391 (3d ed.1996). As illustrated in an oft-quoted
CopyCited 135 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 8960, 2010 WL 1727446
finding that it was barred under Alabama Code § 6-6-560[4] because the pending arbitration proceeding
CopyCited 84 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 12547, 1996 WL 254719
is under an obligation to communicate.” Ala.Code § 6-6-102 (1995). There is no evidence in the record that
CopyCited 82 times | Published | Supreme Court of Florida | 15 Educ. L. Rep. 616
result reached by the district court. NOTES [1] Section 6-6(c) of the AALS bylaws states in part: The faculty
CopyCited 65 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 30695
statute governing suits on attachment bonds, ALA.CODE § 6-6-148 (1975). Instead, the court applied the one-year
CopyCited 56 times | Published | Supreme Court of Florida | 2006 WL 345000
present." 3 Wayne R. LaFave, Search and Seizure § 6.6(a), at 400 (3d ed.1996). The subsequent search following
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 21119
140 (1969); Fla.Stat. Ann. §
77.081 (Supp.1985); § 6-6-457, Code of Alabama 1977, compare Ware v
CopyCited 44 times | Published | Court of Appeals for the Eleventh Circuit | 34 Fed. R. Serv. 2d 493, 1982 U.S. App. LEXIS 19640, 28 Empl. Prac. Dec. (CCH) 32, 666, 28 Fair Empl. Prac. Cas. (BNA) 1387
...y, a Sunday, or a legal holiday. Rule 6(a) “does not provide a general rule of statutory construction which the courts are bound to apply to all time periods mentioned in any statute that may come before the courts.” 2 Moore’s Federal Practice § 6.06[2] (1981)....
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 23904
...We write here merely to address one contention not considered by the court’s opinion below. In addition to the arbitration clause cited by the district court, see
598 F.Supp. at 355 , the contract in question also contained the following provision: Section
6.06....
...The appellant’s argument essentially is that because any breach of the contract or fraud here *270 arose out of its original termination of the contract, the remedy for such claims must be coextensive with the remedy for termination contained in section 6.06. We disagree. Appellant’s argument fails to recognize the distinction between termination, breach and fraud. The termination of a contract may or may not breach that contract, and similarly, termination may or may not be accompanied by fraud. Section 6.06 gives Kajima the right to terminate the contract at any time and to limit the damages in that circumstance to actual damages....
...Cone Memorial Hospital v. Mercury Constr. Corp.,
460 U.S. 1, 24-25 ,
103 S.Ct. 927, 941-942 ,
74 L.Ed.2d 765 (1983); United Steelworkers v. Enterprise Wheel & Car Corp.,
363 U.S. 593, 597 ,
80 S.Ct. 1358, 1361 ,
4 L.Ed.2d 1424 (1960). Therefore, we refuse to read section
6.06, which by its express terms limits only the remedy for the termination of the contract to actual damages, to also limit the remedy available for breach of the contract or for fraud to actual damages....
...In all other respects, we endorse the reasoning of the district court. AFFIRMED. 1 . Although punitive damages of course may not be recovered for pure breach of contract at any rate, see, e.g., Geohagen v. General Motors Corp., 291 Ala. 167 ,
279 So.2d 436 (1973), if section
6.06 applies to breach of contract claims, the actual damages ordinarily recoverable would be further limited to prevent the recovery of "anticipated profits on work unperformed or in materials or equipment unfurnished,” as stated in that section....
...ot breach the contract, even by terminating the contract without cause. We find it difficult to accept the proposition that that section relieves Kajima of any obligation of fair dealing under the contract. But even assuming that to be true and that section 6.06 limits the remedy for breach of the contract to actual damages as well, see supra note 1, this argument fails to recognize the totally independent nature of claims for breach of contract and for the tort of fraud....
...tive damages on the breach of contract claim, upon retrial such damages could be awarded if the jury finds intentional and deliberate misrepresentation with intent to defraud). Therefore, even if the contract could not be breached, we would not read section 6.06 as limiting the damages recoverable in tort for fraud.
CopyCited 42 times | Published | Florida 4th District Court of Appeal
Clemmons, Fla. 1963,
150 So.2d 231. [4] Article V, Section 6(6), Constitution of Florida. [5] F.S.A. §
27.02 CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit
In the first and second cases mentioned in section 6-6-41 [where a defendant lives out of state or absconds]
CopyCited 28 times | Published | Supreme Court of Florida
August 6, 1963 the City Commission amended Ordinance § 6-6 to prohibit the keeping of horses on land zoned
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 9 U.C.C. Rep. Serv. 2d (West) 454, 1989 U.S. App. LEXIS 10771, 1989 WL 73724
breaches a duty to disclose a material fact. Section 6-6-102 provides: Suppression of a material fact
CopyCited 19 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 132, 2009 Fla. LEXIS 151, 2009 WL 217966
also 2 Wayne R. LaFave et al., Criminal Procedure § 6.6(a), at 720-23 (3d ed.2007). The Court eventually
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 1414247, 2012 U.S. App. LEXIS 8359
...meaning of its
8
Plaintiffs also argue that because Section
6.05 of the indentures gives the majority the
ability to direct the “time, method and place of conducting any proceeding for any remedy
available to the Trustee” and Section
6.06(e) of the indentures gives the majority veto power
over Trustee actions, the majority de facto controls litigation proceedings....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit
the Alabama Declaratory Judgment Act, Ala. Code § 6-6-220 (1975), the Securities and Exchange Act of 1933
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 12988, 1998 WL 320128
vacate their convictions for bribery under 18 U.S.C. § 6&6 and § 2, but affirm their convictions on all other
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 27700
pointed to a number of Alabama cases and Alabama Code § 6-6-6 (1975), 5 not previously cited to the
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit
An action to challenge the attachment under section 6-6-148 may be brought by the debtor before, during
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347369
...ent providing that any controversy or dispute between the parties would be resolved by arbitration, as provided for by the Alternative Dispute Resolution Service Rules of Procedure for Arbitration of the American Health Lawyers Association ("AHLA"). Section 6.06 of such rules provides, in part: [T]he arbitrator may not award consequential, exemplary, incidental, punitive or special damages against a party unless *1243 the arbitrator determines, based on the record, that there is clear and convin...
CopyCited 11 times | Published | Supreme Court of Florida
a constitutional officer (Fla. Const., art. V, § 6(6), *174 F.S.A.) and is authorized by the Constitution
CopyCited 9 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 9686, 2000 WL 633286
...irement." Somlyo,
932 F.2d at 1046. Federal litigants cannot stipulate to ignore statutory time periods established by Congress. Moreover, federal courts may not use Fed.R.Civ.P. 6(b) to enlarge statutory time periods. See 1 Moore's Federal Practice §
6.06(1)(a) (3d ed.2000)....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 40 Fed. R. Serv. 2d 416
...city — whether 14.8% as the plaintiffs assert or 30.2% as the city contends — was significantly less than that which it had paid for Project 30. Property owners in the Project 31 area were charged $23.83 per assessed foot for street paving and $6.06 per assessed foot for sanitary sewer lines....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 5999
the Alabama Declaratory Judgment Act, ALA.CODE § 6-6-220 (1997), and the judges' ability to assert their
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 8137, 2000 WL 868187
DCA 1992)). The Indianapolis forum language in section 6.6.1 of the subcontract is the only hindrance to
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
of the State Attorney under authority of Art. V, § 6(6) of the Constitution, F.S.A., rather clearly limit
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1988 WL 73562
See H. Trawick, Florida Practice and Procedure § 6-6 (1987) (citing Panama Realty, Inc. v. Robinson,
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 75928
court to issue the writ of attachment (Ala.Code § 6-6-43), these affidavits were presented to the judge
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 189, 2009 Bankr. LEXIS 4265
...rs requires the Debtors to represent that, as of the Effective Date, there is no litigation, other than certain disclosed litigation, or "Material Litigation" pending against any of the Debtors or certain related parties. Plan Supplement, Exhibit J, Section 6.06, at 62....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 1219159
generally Wayne R. LaFave et. al., Criminal Procedure § 6.6(e) (1999). These precedents reveal the fallacy in
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 72736
warrant is discussed in 2 LaFave, Search and Seizure, § 6.6 (2d Ed. 1987), "Warrantless Entry and Search for
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 126, 1998 Bankr. LEXIS 1630, 1998 WL 897342
with such corporation violate the terms of this Section 6. 6.6 During the Term of this Agreement and for
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2511348
provided in Section 6.6 of this Article"); "Costs for Non-Plaintiff Homeowner Slip Users," section 6.6, "Payment
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 33362
standing because the registration rights under section 6.6 of the Agreement were not assignable. The Duncan
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 42699
Florida Workers' Compensation Law (4th Ed.), section 6-6. Florida Power goes on to urge that the fundamental
CopyCited 2 times | Published | Florida 1st District Court of Appeal
Richard J. Pierce, Jr., Administrative Law Treatise § 6.6 (Supp.1997). In Pope v. Shalala,
998 F.2d 473 (7th
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 3 Fed. R. Serv. 3d 760, 1985 U.S. App. LEXIS 23356
time of the remedy is sought____ Ala.Code § 6-6-461 entitled “Effect of judgment for plaintiff as
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2847951
...e unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. Effective Date: The provisions of this Ordinance shall become effective either upon approval by the City Commission in accordance with Section
6.06 of the City Charter, or by a favorable vote by a majority of the electors and certification of the election returns pursuant to Section
6.10 of the City Charter....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
section 6 6
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 7815
rights of its citizens. 16 Am.Jur. Conflict of Laws § 6; 6 Fla.Jur. Conflict of Laws, § 4. See also Hartford
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida.
...Rev.Proc. 98-22, §
1.01; see also Weddel v. Commissioner, T.C. Memo 1996-36. However, this administrative procedure does not alter the relationship between the debtor and the plan, nor does it seek to bar litigation of other issues. Under Rev.Proc. 98-22, §
6.06, it clearly states that "compliance under these programs has no effect on the rights of any other party under any other law." The debtor argues that this Court should defer to the IRS regarding the issue of tax qualification....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 7 Fed. R. Serv. 3d 27
So.2d 813, 815-16 (Ala.Civ.App.1984); Ala. Code § 6-6-256 (1975). P & M sought payment on repair bills;
CopyCited 1 times | Published | Supreme Court of Florida
Lauderdale made an abortive attempt to amend Section 6-6 of the City Code by adding to the other classifications
CopyPublished | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 23204
the Alabama Declaratory Judgment Act, Ala. Code § 6-6-220 (1975), the Securities and Exchange Act of 1933
CopyPublished | Court of Appeals for the Eleventh Circuit
declaratory judgment. See Rule 57, Ala.R.Civ.P., and § 6-6-220, et seq., Ala. Code 1975.1 We conclude that
CopyPublished | Court of Appeals for the Eleventh Circuit
On 24 June 1994, TheraTx 2 Section 6.6 reads as follows: Warburg Shelf
CopyPublished | Court of Appeals for the Eleventh Circuit
$16.50 and $20.126 per share. 2 Section 6.6 reads as follows: Warburg Shelf
CopyPublished | Court of Appeals for the Eleventh Circuit
traded at $19.50. During the next 2 Section 6.6 reads as follows: Warburg Shelf
CopyPublished | Court of Appeals for the Eleventh Circuit
traded at $19.50. During the next 2 Section 6.6 reads as follows: Warburg Shelf
CopyPublished | Court of Appeals for the Eleventh Circuit
standing because the registration rights under section 6.6 of the Agreement were not assignable. The Duncan
CopyPublished | Court of Appeals for the Eleventh Circuit | 1998 WL 138767
the Alabama Declaratory Judgment Act, Ala.Code § 6-6-220 (1997), and the judges’ ability to assert their
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 6, 2024
form of a creditor’s bill. See ALA. CODE § 6-6-180. The motion argued that even if the
CopyPublished | Florida 3rd District Court of Appeal
through the grievance procedure.” Agreement at § 6.6 (emphasis added). The Officers acknowledge that
CopyPublished | Supreme Court of Florida
the casualty insurance.” §
733.702(4)(b), Fla. Stat. 6 6. The other two exceptions are: section
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 9441
provided in Section 6.6 of this Article”); "Costs for Non-Plaintiff Homeowner Slip Users,” section 6.6, "Payment
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20376
1981); Trawick’s Florida Practice and Procedure § 6-6 (1981). Second, the remaining arguments contained
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5091
of the ‘R-O’ ordinance are not stated, nor is Section 6-6 of the City Code attempted to be stated, nor
CopyPublished | Court of Appeals for the Eleventh Circuit
seq.9 As *1004the district court noted, Ala.Code § 6-6-148 provides that: At any time within three years
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
to local government. Section
163.3211, F. S. Section
6.06 of the Broward County Charter provides that:
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
effective until approved by the City Commision. Section 6-6. This section further provides that the City
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1804198
standing because the registration rights under section 6.6 of the Agreement were not assignable. The Duncan
CopyPublished | Court of Appeals for the Eleventh Circuit
intervene to defend the Act’s validity. See Ala. Code § 6-6-227; Ala. R. App. P. 44. None of that happened here
CopyPublished | Court of Appeals for the Eleventh Circuit
grant-supported activity of entities are covered.” 42 C.F.R. § 6.6(d). Generally, an entity is covered only when it
CopyPublished | Court of Appeals for the Eleventh Circuit
the Alabama Declaratory Judgment Act, ALA.CODE § 6-6-220 (1997), and the judges' ability 4
CopyPublished | Court of Appeals for the Eleventh Circuit
the Alabama Declaratory Judgment Act, ALA. CODE § 6-6-220 (1997), and the judges’ ability to assert their
CopyPublished | Court of Appeals for the Eleventh Circuit
...Thus, a written agreement that is complete, clear and
8
Plaintiffs also argue that because Section
6.05 of the indentures gives the majority the
ability to direct the “time, method and place of conducting any proceeding for any remedy
available to the Trustee” and Section
6.06(e) of the indentures gives the majority veto power over
Trustee actions, the majority de facto controls litigation proceedings....