Florida/Georgia Personal Injury & Workers Compensation

§ 3.6; see also Primary Declaration art. VII, § 7.6. Aberdeen's construction is reasonable and it would

one another. Williston on Contracts § 7:6, at 77-79, 87 (footnotes omitted). If, however

...Likewise, the tentative draft of the Restatement (Third) of Agency, in the corresponding section states: “A principal required by law to protect another cannot avoid liability by delegating performance of the duty to another, whether or not the delegate is an agent.” Restatement (Third) of Agency § 7.06 (Tentative Draft No....

...The relevant comment notes that the section “states the basic tort-law principle that a principal may be subject to liability to a third person when the principal is under a duty to protect that person. The principle is often termed one of "nondelegable" duty . . .” Id. § 7.06, cmt....

also Fowler V. Harper, et al., The Law of Torts § 7.6 (2d ed.1986). As noted in the above-cited annotation

attorneys’ fees and legal expenses. Ala.Code § 7-6-506 (1993).

context. See 1 Harper & James, The Law of Torts, § 7.6; 17 C.J.S., Contracts, § 154(c). It should be noted

...and summer programs for disadvantaged children. The respondents, taxpayers and citizens of the city, sued the petitioners, the city of Boca Raton, et al., to enjoin the contribution. They contended that such contribution was expressly prohibited by section 7.06, Boca Raton City Charter which provides: Expenditure of Funds Limited No city funds shall be expended in any manner whatsoever to accrue either directly or indirectly to the benefit of any religious, charitable, benevolent, civic or service organization....

...The court held that the charter provision is such an express limitation and a "functional test" cannot be applied. On petition for rehearing, the Fourth District Court of Appeal certified the following question as one of great public importance: Does Section 7.06 of the Charter of the City of Boca Raton, which provides that [n]o city funds shall be expended in any manner whatsoever to accrue either directly or indirectly to the benefit of any religious, charitable, benevolent, civic or service or...

...— The purpose of this act is to provide standards, direction, and procedures for the formation of local governmental units in this state and the provision of local governmental services so as to: (1) ... (2) Assure adequate quality and quantity of local public services. A literal interpretation of section 7.06, Boca Raton City Charter would not only lead to an absurd result but would also place it in direct conflict with other laws relating to the same purpose....

...and that charging a woman with unchastity. In contrast, in the law of libel, “per se ” has taken on a separate meaning and refers to a statement that is understood as defamatory without resort to extrinsic fact. R. Smolla, The Law of Defamation, § 7.06[3] (1986)....

history offers little guidance. See Davis § 7.6, p. 32. The Supreme Court has yet to offer a definitive

fees and legal expenses. Ala. Code § 7-6-506 (1993).

Securities Fraud & Commodities Fraud § 7.6(1) (1983). In one of the more detailed discussions

individual in the United States, as defined in section 7(6), shall, solely by reason of his handicap, be

the Restatement (Third) of Property: Mortgages section 7.6 cmt.e (1996), a refinancing lender is equitably

...at 1422-3 (Brennan, J., concurring) (footnotes, quotation marks, and citations omitted). [11] The dissent asserts that City of Boca Raton v. Gidman, 440 So.2d 1277 (Fla.1983), supports reversal here. Gidman is inapposite to the instant case. Gidman addressed whether section 7.06 of the city's charter, which prohibited the expenditure of city funds "whatsoever to accrue either directly or indirectly to the benefit of any religious, charitable, benevolent, civic or service organization," prevented the city from contracting with a non-profit organization to provide a child daycare center. Id. at 1278. The city possessed broad home rule powers under Article VIII, section 2(b) of the Florida Constitution, and section 166.021(4), Florida Statutes (1979), to act for a "municipal purpose." Id. at 1280. The Supreme Court interpreted section 7.06 of the charter to allow the expenditure of city funds to a non-profit organization for childcare services consistent with the City's home rule powers....

their fair market value. (Doc. 44-11, p. 20). Section 7.6 provides that the term of the MSA shall continue

Order at 5; Debt. Br. at 5; Cr. Br. at 7-8. Section 7.6 of the Debtor's pre-petition corporate by-laws

information. 1 F. Harper & F. James, The Law of Torts § 7.6 (1956). As pleaded, the complaint satisfies the

the Restatement (Third) of Property: Mortgages § 7.6 cmt. e (1996), a refinancing lender is equitably

Law of Domestic Relations in the United States § 7.6, at 277 (2d ed. 1987). In so concluding, I recognize

the Restatement (Third) of Property: Mortgages section 7.6. In this case, Washington Mutual paid off Washington

stipulated to by the parties in accordance with section 7-6§.57(4)-766.106(4), Florida Statutes. Committee

generally, Philip J. Padovano, Florida Civil Practice § 7.6 (2007 ed.). The Hales' complaint contains neither

Association.” (Emphasis added). Appellees argue that section 7.6 of the Articles of Incorporation conflicts.with

The Law Officer's Pocket Manual, § 7.6 (2008 ed.)).

...County Sign Regulations in effect prior to the adoption." See (Doc. 92, Ex. 4). B. The old sign regulations at issue here were contained within Article VII of the County's Land Development Code (hereinafter "Code") and included parts 7.00.00 through 7.06.02....

...gns expressly prohibited; (3) permitted temporary signs; and (4) permitted permanent signs. See, e.g., §§ 7.01.00, 7.02.00, 7.03.00, 7.04.00. All signs required a permit issued by the Administrator [10] unless exempted by the sign regulations. See § 7.06.01A....

...tination, historic district, public institution, hospital, college, unique geographic area, or non-profit public service institution; and on-site signs. See §§ 7.04.01, 7.04.02, 7.04.03. The procedures for obtaining a sign permit were set forth in § 7.06.00. That section provided that an application for a sign permit must be reviewed pursuant to the Procedure for Issuance of a Development Permit in Part 10.01.00 of the Code and § 4.1.9 of the DRP Manual. See § 7.06.01....

constitutional provisions and the language of article IX, section 7.[6] Finally, Appellants argue that this court's

of a charitable organization in violation of Section 7.06 of the City Charter. Appellees answered, contending

Cunningham, W. Stoebuck, D. Whitman, The Law of Property § 7.6 (1984). JURY INSTRUCTION Consistent with tort concepts

...a hardship even if there were such an exception for any of the Members . . . . 2. Plan section 10.15 provides that any overpayment due to the Plan’s trust fund shall be subject to five (5%) interest. 3. Plan section 7.06(2) requires all actions of the Committee to be uniform and nondiscriminatory, and 3  other Plan participants have been assessed the interest charge. 4....

pursuant to Ordinance No. 1901, Article *238VII, Section 7.06(c), Ordinances of the City of Miami Beach.”

to support one another. Williston on Contracts § 7:6, at 77-79, 87 (footnotes omitted). If

assumed the debt). Restatement (Third) of Property § 7.6 cmt. c (1997).

Stat. Ann. § 16-905(Z)(3) (2006); AricCode Ann. § 7-6-205(d) (West 2004) Cal. Gov.Code § 85308(b) (West

...ntal death’ (3 Harnett & Lesnick, [The Law of Life and Health Insurance], § 7.03[1], pp. 7-24 — 7-29; id., (1992 supp.) p. 5), whereas 25 jurisdictions expressly have rejected or repudiated this distinction. (3 Harnett & Lesnick, supra, § 7.06[1], pp.7-112-7-116).” Weil v....

...�accidental death’ (3 Harnett & Lesnick, [The Law of Life and Health Insurance], § 7.03[1], pp. 7-24–7-29; id., (1992 supp.) p. 5), whereas 25 jurisdictions expressly have rejected or repudiated this distinction. (3 Harnett & Lesnick, supra, § 7.06[1], pp.7-112-7-116 ).” Weil v....