CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 24900
Davis Treatise, supra, at § 7:13, p. 61. 8 . This is true only with
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Cited as authorityDean (2010)phrase: "rule_authority"
Cited as authorityWarshauer (2009)phrase: "rule_authority"
CopyCited 14 times | Published | District Court, S.D. Florida | 215 U.S.P.Q. (BNA) 358, 1981 U.S. Dist. LEXIS 16432
marks are said to be `weak'." 1 J. McCarthy, supra § 7:13 at 173. Based on the fact that there is nothing
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CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida
...om donor to donee, as would be the case if the condition were precedent. Id. at 588; See also Restatement (Second) of Property, § 31.2 (Tent. Draft No. 11, 1988); Drewett, supra ; R. Brown, The Law of Personal Property (W. Raushenbush 3rd Ed. 1975) § 7.13.
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Cited as authorityIn Re Heck (2006)phrase: "rule_authority"
CopyCited 8 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 29467, 2009 WL 961135
...American Hydro-Surgical Instruments, Inc.,
262 F.Supp.2d 1334, 1342 (S.D.Fla.1999) ("reliance on fraudulent representations is unreasonable as a matter of law where the alleged misrepresentations contradict the express terms of the ensuing written agreement.") (internal citations omitted). Section
7.13 of the MSA expressly provides that during the term of the Agreement, Martin Marietta shall have the option and right to purchase the assets of White Construction and Limerock Industries at their fair market value....
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Cited as authorityJuravin (2025)phrase: "rule_authority"
CopyCited 3 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 91838, 2009 WL 3030736
...endangered species habitat" ("TE habitat") to submit an application that provides written documentation demonstrating that impacts to TE habitat have been avoided and/or minimized to the maximum extent possible. Escambia County Land Development Code § 7.13.01....
...If an applicant demonstrates adequate minimization of unavoidable impacts to TE habitat, then the applicant must submit a mitigation plan for review and consideration by County officials. Mitigation procedures are required in any case where development may degrade TE habitat. Id. at § 7.13.03.C....
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CopyCited 5 times | Published | Supreme Court of Florida | 2000 WL 674703
Ann. § 46.04(h) (West Supp.2000); Wyo. Stat. Ann. § 7-13-901(a)(v) (Michie 1999). Other states have adopted
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No longer good law(citing case) (2013)phrase: "no longer good law"
No longer good lawFerguson (2012)phrase: "no longer good law"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8932, 2010 WL 2472490
See 3 Richard A. Lord, Williston on Contracts § 7:13 at 272-79 (4th ed. 1992) ("[W]here the reservation
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Cited as authorityO'Brien (2010)phrase: "rule_authority"
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 21468, 2002 WL 31664695
...Counts I and III are barred by the economic loss doctrine. NOTES [1] Because the section regarding "course of dealing" is found in Article 1, General Provisions, of the U.C.C., "it is not limited to agreements for the sale of goods but applies to all commercial contracts." E. ALLAN FARNSWORTH, CONTRACTS § 7.13 (3d ed.1999)....
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Cited as authorityCiccone (2004)phrase: "rule_authority"
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 54 U.S.L.W. 2582, 229 U.S.P.Q. (BNA) 321, 1986 U.S. App. LEXIS 23620
...be small in an absolute sense and not merely in relation to the size of the entire edition. For example, this requirement would not be satisfied if the notice were omitted from 1,000 copies out of an edition of 100,-000.’ ” 2 Nimmer on Copyright § 7.13[A], at 7-88 (quoting the Register’s Supplementary Report at 106)....
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Cited as authorityHoward (1992)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 572, 1995 Fla. LEXIS 1865, 1995 WL 677718
...ial office; and (3) removal from judicial office and suspension or disbarment from the practice of law. As to the third available sanction, the Joint Committee on Professional Discipline of the American Bar Association has recommended the following: 7.13 Consideration of Lawyer Discipline....
...f lawyer discipline before he [or she] is restored to practice. The judge should be aware of the possibility of this further sanction, and be heard on the matter. A.B.A. Joint Comm. on Prof. Discipline, Professional Discipline for Lawyers and Judges § 7.13, at 58-59 (1979)....
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Cited as authorityMogil (2000)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...1.110(b)(2). "[T]he phrase 'ultimate facts' is used to refer to logical conclusions that are deduced from evidentiary facts. Ultimate facts are the final effect of legal reasoning from the evidentiary facts." Philip J. Padovano Florida Civil Practice § 7.13 at 246, 246 (2018 ed.)....
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CopyCited 1 times | Published | District Court, M.D. Florida
...Count 1: Breach of Contract The central issue in the breach of contract claim is whether Defendants were contractually obligated to obtain a "no further action letter" from the FDEP, or whether a "no further action letter with controls" satisfies Defendants' remedial obligations under the Contract. Section 7.13 of the Contract provides that Defendants "agree[ ] herein to remediate the [dry cleaning solvent contamination] problem in accordance with the Golder Associate's Inc.'s [Remediation Plan]." This obligation "shall terminate upon receipt o...
...ies set forth in Article 7." (Doc. 26-1). Similarly, the "as is, where is" clause provides that Defendants are not responsible for any physical or environmental conditions affecting the Property, "except for [Defendants'] obligations as set forth in Section 7.13." ( Id....
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Cited as authorityPinares (2023)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida
...Goldberg et al., The Place of Reliance in
Fraud, 48 Ariz. L. Rev. 1001, 1007 (2006). “[W]here the recipient
knows the true facts that are misrepresented or for any reason does
not believe the misrepresentation, he cannot be found to rely on it.”
2 Fowler V. Harper et al., The Law of Torts § 7.13, at 465 (2d ed.
1986) (footnotes omitted)....
CopyPublished | Court of Appeals for the Eleventh Circuit
(1983); Utah Code Ann. § 77-19-13 (1982); Wyo.Stat. § 7-13-901 et seq. (Cum.Supp.1984). Five states which
CopyPublished | District Court of Appeal of Florida
" Philip J. Padovano Florida Civil Practice § 7.13 at 246, 246 (2018 ed.). "It is not necessary