CopyCited 135 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 8960, 2010 WL 1727446
that the mortgage was invalid under Alabama Code § 6-10-3,[2] thus entitling Mrs. Frazier to rescission
CopyCited 64 times | Published | Court of Appeals for the Eleventh Circuit | 33 Fed. R. Serv. 2d 1480, 1982 U.S. App. LEXIS 20240, 10 Fed. R. Serv. 359
...Appellant Garcia argues that even if the search was otherwise constitutional it was invalid because Customs lacked statutory authority to conduct such a search. 30 The government correctly points out, however, that such authority is vested in Customs by 49 U.S.C. § 1509 (b) and 19 C.F.R. *1368 § 6.10....
...ovisions, the Treasury Department has promulgated at 19 C.F.R., pt. 6 (1981) the Air Commerce Regulations, which set forth requirements, including prior clearance and documentation, for civil aircraft landing in and departing from the United States. Section 6.10 of the regulations provides: Except as otherwise provided for in this part, and insofar as such laws and regulations are applicable, aircraft arriving or having arrived from any foreign port or place and the persons and merchandise, incl...
...rvice. Title 19 U.S.C. § 1581 empowers Customs officers to board vessels “at any place in the United States ... and examine, inspect, and search the vessel [ ] [ ] and every part thereof and any person, trunk, package, or cargo on board.” Since § 6.10 of the Air Commerce Regulations incorporates this provision by reference, it authorizes the search of aircraft to the same extent as searches of vessels are authorized under § 1581....
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 21342
...leged misconduct takes on greater *1283 significance. See Restatement (Second) § 145(2) comment (e). 8 Illinois, obviously has an interest in deterring tortious conduct in Illinois as well as in compensating the injured party. See Weintraub, supra, § 6.10 p....
...The only purpose is to protect defendants. When there is no domiciliary defendant, this interest should be discounted. Thus, a limit on recovery should not be applied when there is no domiciliary defendant because it advances no policy behind the limitation. Weintraub, supra, § 6.10 p....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 32 Collier Bankr. Cas. 2d 987, 1994 U.S. App. LEXIS 36073, 1994 WL 682436
(1988). Section 522(b) operates with Alabama Code § 6-10-2 to provide debtors in Alabama a $5,000 homestead
CopyCited 20 times | Published | Supreme Court of Florida | 2007 WL 4440212
include Alabama: Ala. Const. art. X, § 210; Ala.Code. § 6-10-120 (2005); Broadway v. Household Fin. Corp., 351
CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 20 Fed. R. Serv. 3d 284, 1991 U.S. App. LEXIS 13217
process.") 5 Section 6-10-7 reads in part: "The wages, salaries or other
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 112 U.S.P.Q. 2d (BNA) 1918, 2014 U.S. App. LEXIS 22034
...5659, 5736 (“[C]oowners of a copyright [are] treated generally
as tenants in common, with each coowner having an independent right to use or license the use
of a work, subject to a duty of accounting to the other coowners for any profits.” ); 1 Melville B.
Nimmer and David Nimmer, Nimmer on Copyright § 6.10[A][1]–[2][a] (Matthew Bender, Rev.
Ed.) (noting that co-owners may exploit the work and grant licenses); 3 Nimmer on Copyright
§ 12.03 (noting that under the statute, courts have “discretion as to whether to require joinder of...
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 27 Wage & Hour Cas. (BNA) 815, 1986 U.S. App. LEXIS 21844
...contained in regulations. “The hearing examiner shall make his decision which shall become the final decision in the administrative process 20 days after service thereof unless exceptions are filed thereto as provided in Section 6.12.” 29 C.F.R. § 6.10 (b)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1 I.E.R. Cas. (BNA) 1456, 11 Fla. L. Weekly 1117, 1986 Fla. App. LEXIS 7783
...997, 999 (N.D. Ala. 1981), aff'd,
679 F.2d 251 (11th Cir.1982); General Foods Corp. v. United States,
448 F. Supp. 111 (D.Md. 1978); W. Keeton, Prosser and Keeton on The Law of Torts § 129, at 982, 997 et seq. (5th ed. 1984); Harper & James, The Law of Torts §
6.10, at 501 (1956)....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit
for individual debtors. See Ala.Code § 6-10-11 (1975) (stating that in bankruptcy cases, “there
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit
...The Chief Justice, as
administrative head of the Alabama judicial system and as lessee of the Judicial
Building, has final authority over the decoration of the rotunda and whether to put
any disp lays in the b uilding. See Ala. Const. Amend. 328, § 6.10; Ala....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 13412, 2003 WL 21499258
...rts. The Chief Justice, as administrative head of the Alabama judicial system and as lessee of the Judicial Building, has final authority over the decoration of the rotunda and whether to put any displays in the building. See Ala. Const. Amend. 328, § 6.10; Ala.Code § 41-10-275....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 17949, 2009 WL 2450286
...ovenants
“must be reasonable, with due regard for the property rights and investments of the
persons who relied upon the residential covenants which were in full force at the
time of their purchase.”); Restatement (Third) of Prop.: Servitudes § 6.10 cmt....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 599650
...res on economic losses. We can conclude they are typographical errors by doing the math which created the figures. [3] We also note that the erroneous jury instruction might have caused the jury's mistake. In using Florida Standard Jury Instructions section 6.10 (1995), on reduction to present money value, the court read the wrong bracketed phrase in the charge, as is apparent from the note on use....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 9 U.C.C. Rep. Serv. 2d (West) 1311, 14 Fla. L. Weekly 782, 1989 Fla. App. LEXIS 1577, 1989 WL 27904
Fonseca, The Law of Modern Commercial Practices § 6:10 (rev. ed. 1981): The common law and general rule
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2847951
...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 | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 535, 2007 Bankr. LEXIS 2563, 2007 WL 2193915
bonus.[4] Alabama's wage exemption, Alabama Code § 6-10-7, provides in pertinent part: (a) The wages, salaries
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 26 Fla. L. Weekly Fed. B 179, 2016 Bankr. LEXIS 3797
...lawful interest in the unit owners’ payment of Assessments, including, but not limited to, imposing continuing priority liens on units upon nonpayment of delinquent assessments, including late charges, interest, and the cost of collection (Id. at Section 6.10-13)....
CopyPublished | Court of Appeals for the Eleventh Circuit
process for the collection of debts.” Ala. Code § 6-10-6 (1975).' Analysis Because the federal tax refund
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 3082, 2004 WL 442889
...his most certainly means, as occurred in Miranda , that an improperly obtained confession is subject to suppression when offered in a criminal trial as evidence of defendant’s guilt of the crime charged. Wayne R. LaFave, et al., Criminal Procedure § 6.10(e), at 625-26 (2d ed.1999)....
CopyPublished | Court of Appeals for the Eleventh Circuit
See Chapter 13 Practice and Procedure, supra, at § 6:10 (stating that under one view of § 365, even “[i]f
CopyPublished | Court of Appeals for the Eleventh Circuit
*1189Mobile was exempt as wages under Alabama Code § 6-10-7.5 Second, Chamberlain claims that $2,826.00 of
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5574, 1991 WL 104638
...Georgia was never recorded. The confusion in this case arises due to changes in the boundary lines between Georgia and Florida and the original reliance on separate surveys and legal descriptions by the states concerning the same piece of property. Section 6.10, Florida Statutes (1989), “The Confirmation Act,” appears to have been originally en *33 acted to alleviate some of this confusion....
...e territory formerly claimed by the said state, which land is within the State of Florida by the line specified in S.
6.09 remain confirmed so far as this state had the right and power to confirm the same as provided by the act of December 22, 1859. Section
6.10, Florida Statutes (1859)....
CopyPublished | Florida 4th District Court of Appeal
...rs a written, itemized,
estimated budget of the Common Expenses to be incurred by
2
the Association during the coming year in performing its
functions under this Declaration.
Furthermore, Section 6.10 of the Declaration provides:
Written notice of such Assessments and the due date(s)
thereof shall be sent to every Owner subject to such
Assessments....
CopyPublished | Florida 4th District Court of Appeal
...obtaining permits for the grading work and submitting plans for a
secondary storm-water system.
In the second case, the farm was cited for failing to obtain building
permits for the two barns, the storage building, and the manure bin. The
farm was also cited for violating LDR section 6.10.12, which limits the
number of barns that can be built on lots within the farm’s zoning
district....
...In 2011, the legislature broadened the
language of this section by removing the word building, so it now
generally applies to “any county or municipal code or fee . . . .” Ch.
2011-7, § 6, Laws of Florida.
There are no cases construing whether municipal zoning regulations,
such as LDR section 6.10.12, fall within the meaning of “any county or
municipal code.” However, in 2013, the Florida Attorney General issued
an advisory opinion directly on point, which is persuasive authority....
...municipal building codes. As such, we conclude that the two barns, the
storage building, and the manure bin are not only exempt from the
village’s building permit requirements, but they are also exempt from the
village’s zoning regulations including LDR section 6.10.12.
The farm also contends that it is exempt from complying with the
village’s storm-water management regulations (LDR sections 8.24.6 and
8.24.9)....
...age of section
604.50(1). Under
the specific facts of this case, failure to correct this error would result in
a miscarriage of justice because the farm has been ordered to remove the
second barn even though it is exempt from the requirements of LDR
section
6.10.12.
Therefore, we grant the petition, in part, and quash the circuit court’s
affirmance....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1722, 1991 WL 27206
...e complaint for injunctive relief against the City of Madison’s Zoning Board (the Board). On February 5, 1990, the Board, sitting as the “Board of Adjustment,” conducted a hearing on an application for a “restricted use” permit pursuant to Section 6.10 of the City’s zoning regulations, to allow construction of a county jail....
...e grounds that the record was “incomplete and this court is unable to make a proper determination upon the record presented.” Petitioners argue: (1) that the trial court erred in dismissing the complaint on the grounds stated; and (2) that since Section 6.10 of the zoning ordinance requires all enumerated criteria be met before a restricted use exception can be granted, the Board’s finding that one of the criteria had not been met requires a denial of the application....
CopyPublished | Florida 2nd District Court of Appeal
...6, Florida
Statutes (2019). We affirm for the reasons explained below.
I. Background
On November 8, 2019, Kapila filed the underlying complaint,
alleging three counts for the avoidance and recovery of transfers
pursuant to UFTA, sections 726.105(1)(a), 726.105(1)(b), 726.106(1),
726.108, and 726.109....
...2
CTS filed a motion for summary judgment, alleging that at the time
of transfer, the funds were encumbered by a valid lien under the loan
documents and therefore could not be considered fraudulent transfers
under subsections 726.102(14) and 726.102(2)(a)....
...maintained at TCB, which were the
accounts from which Plaintiff alleges the Transfers were
made.
i) On July 6, 2015, LSI Management transferred
$115,000,000.00 from its account at TCB . . . to Holdco's
account at TCB . . . in two $57,500,000 million wire transfers.
Consistent with Section 6.10 of the Credit Agreement, TCB
deposited the $115,000,000 of the Dividend Loan proceeds
into LSI Management's [TCB] account for the express purpose
4
of making distributions to Holdco's members, includ...
...v. F/R 550, LLC,
192 So. 3d 498, 504 (Fla. 2d
DCA 2016). Under UFTA, " '[t]ransfer' means every mode, direct or
indirect, absolute or conditional, voluntary or involuntary, of disposing of
or parting with an asset or an interest in an asset." § 72
6.102(14)
(emphasis added). The UFTA further defines "[a]sset" as "property of a
debtor," but it does not include "[p]roperty to the extent it is encumbered
by a valid lien." § 72
6.102(2)(a)....
...rred the
subject property to a third party, a bank "had a valid lien encumbering
the property" and that the plaintiff therefore "failed to prove by
competent, substantial evidence that the property qualified as
[defendant's] 'asset' [under section 726.102(2)] because the property was
earnings, profits, or other Proceeds from time to time
representing, evidencing, deposited into, or held in Deposit
Accounts and Stock Rights and Proceeds (the "Collateral') now
owned or herea...
...interest before the debtor transferred the payment to the defendant bank
because the "definition of 'asset' requires determining whether the
property at issue is encumbered before transfer, when it is property of
the debtor" (citing Minn. Stat. § 513.41(2)(i)).
Section 726.102(2)(a) requires the asset to be "property of a debtor"
that is not "encumbered by a valid lien." At the time that the funds were
property of Holdco, the debtor, they were encumbered by TCB's valid
lien....
...2d 625, 626-27 (Fla. 4th DCA
2002))); Nat'l Auto Serv. Ctrs., Inc.,
192 So. 3d at 514 (Villanti, J.,
concurring) (noting that "the remedial purpose" of UFTA "favors granting
a judgment creditor broad relief from fraud"). However, as the language
of section 72
6.102(2)(a) is unambiguous, the remedial purpose of UFTA
does not empower this court to rewrite the statute....
CopyPublished | Court of Appeals for the Eleventh Circuit
such property is exempt from execution under section 6-10-10 of the Alabama Code or, alternatively, Alabama
