Florida Statute 28.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.05

28.05 Surety companies.—The provisions of ss. 28.01-28.04 as to number of sureties, affidavits of residence and justification of same, shall not apply to solvent surety companies authorized to do business and execute bonds in this state.

History.—GS 1824; RGS 3069; CGL 4850; s. 4, ch. 17754, 1937; s. 1, ch. 20719, 1941.

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Amendments to 28.05

Annotations, Discussions, Cases:

Cases Citing Statute 28.05

Total Results: 16

James Wright v. Lanson Newsome, Warden

795 F.2d 964, 1986 U.S. App. LEXIS 27902

Court of Appeals for the Eleventh Circuit | Filed: Aug 6, 1986 | Docket: 325498

Cited 259 times | Published

the Claims Advisory Board pursuant to O.C.G.A. § 28-5- *966 85. The Board rejected the claim

North Georgia Electric Membership Corporation v. City of Calhoun, Georgia, a Municipal Corporation

989 F.2d 429, 25 Fed. R. Serv. 3d 798, 1993 U.S. App. LEXIS 8689, 1993 WL 101424

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1993 | Docket: 525625

Cited 39 times | Published

parties in the initial action.... Restatement § 28(5). One of the comments to this section indicates

St. Regis Paper Company v. State

237 So. 2d 797, 1 ERC 1515

District Court of Appeal of Florida | Filed: Jul 14, 1970 | Docket: 1726583

Cited 30 times | Published

waters in violation of the Commission's Rule, Section 28-5.02(2). The Commission asked for assessment of

Cook v. State

921 So. 2d 631, 2005 WL 2242710

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1662918

Cited 23 times | Published

exception in Restatement (Second) of Judgments Section 28(5)(a) for circumstances where "[t]here is a clear

Moore v. Wesley E. Garrison, Inc.

5 So. 2d 259, 148 Fla. 653, 1941 Fla. LEXIS 955

Supreme Court of Florida | Filed: Nov 28, 1941 | Docket: 3263925

Cited 16 times | Published

and the same were described as located in Section 28; (5) the plat book appearing in the clerk's office

Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters

748 F. Supp. 1529, 1990 U.S. Dist. LEXIS 13662, 1990 WL 156697

District Court, S.D. Florida | Filed: Oct 11, 1990 | Docket: 2517027

Cited 13 times | Published

finds, following Restatement (Second) of Judgments § 28(5)(a), that the use of issue preclusion or collateral

Boynton v. Canal Authority

311 So. 2d 412

District Court of Appeal of Florida | Filed: Apr 24, 1975 | Docket: 1775996

Cited 12 times | Published

Judgments § 441. [7] Please see Jones on Evidence, § 28.5 and Thompson v. State, 1908, 55 Fla. 189, 46 So

XL SPECIALTY INS. v. Aircraft Holdings

929 So. 2d 578, 2006 Fla. App. LEXIS 5850, 2006 WL 1058208

District Court of Appeal of Florida | Filed: Apr 24, 2006 | Docket: 1421559

Cited 8 times | Published

of privilege is reviewable by certiorari, id. at § 28.5 n. 5, at 680 (collecting cases), but argues that

United States Service v. State Dept., Etc.

385 So. 2d 1147

District Court of Appeal of Florida | Filed: Jul 8, 1980 | Docket: 1337074

Cited 5 times | Published

request or petition shall be in compliance with Rule § 28-5.15, F.A.C., and shall be filed with and received

May v. Allied Chlorine & Chemical Products, Inc.

168 So. 2d 784

District Court of Appeal of Florida | Filed: Nov 10, 1964 | Docket: 1754456

Cited 4 times | Published

before inhaling. See 2 Harper and James, Torts § 28.5 (1956). The instant case is distinguished from

Gulf Coast Home Health Serv. v. Dhrs

515 So. 2d 1009

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 2239665

Cited 3 times | Published

intervention. See Chapter 120, F.S. as well as Section 28-5.111 and 28-5.207, F.A.C. In deference to the

Smith v. State

218 So. 3d 996, 2017 WL 1951097, 2017 Fla. App. LEXIS 6531

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060353

Cited 1 times | Published

persons or property.” Fla. Std. Jury Instr. (Crim.) § 28.5. This court has explained that “[mjerely proving

COFFER KENNETH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 67988505

Published

original) (quoting Fla. Std. Jury Instr. (Crim.) § 28.5). “To be considered reckless driving, the defendant

AA Acquisitions, LLC v. Opa-Locka Flightline, LLC

23 So. 3d 777, 2009 Fla. App. LEXIS 17714, 2009 WL 4061284

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1181830

Published

So.2d 523 (Fla.1995); Philip J. Padovano, supra, § 28:5 at 725-26. The appellate division's order granting

State ex rel. Florida Air & Water Pollution Control Commission v. St. Regis Paper Co.

257 So. 2d 253, 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089

Supreme Court of Florida | Filed: Jun 23, 1971 | Docket: 64524159

Published

violation of Commission Rule, Subsection (2) of Section 28-5.02, Florida Administrative Code; that, therefore

Maryland Casualty Co. v. Simmons

193 So. 2d 446, 1966 Fla. App. LEXIS 4761

District Court of Appeal of Florida | Filed: Dec 14, 1966 | Docket: 64499263

Published

carrier. Alpert, Florida Workmen’s Compensation Law § 28:5 (1966). Settlement without the consent of the carrier