Florida/Georgia Personal Injury & Workers Compensation

70 L.Ed.2d 590 (1981) (construing N.C.Gen.Stat. § 75-1.1(a)); Pepsi-Cola Metropolitan Bottling Co

practices in or affecting commerce." N.C. Gen.Stat. § 75-1.1 (2007). In order to succeed on a claim under

...e 581, which authorized the City to issue revenue bonds for the purpose of constructing and operating a cable television system. Pursuant to state law, the City filed a bond validation petition in the Circuit Court for Okaloosa County. See Fla.Stat. § 75.01 et *636 seq....

...ovisions are not removed, the final judgment still should not have a res judicata or collateral estoppel effect on further challenges to the mandatory connection requirement; and (3) the validation proceeding violated its rights to due process. *945 Section 75.01, Florida Statutes (2000), vests the circuit courts with "jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith." (Emphasis added.) It is the meaning of the phrase "all matters connected therewith" which is the crux of the instant appeal....

...te v. City of Miami, 103 So.2d 185, 188 (Fla.1958). Desha at 17-18 (emphasis added). The majority seeks to justify its further expansion of chapter 75 proceedings *952 through reliance on the phrase "all matters connected therewith" contained within section 75.01, Florida Statutes....

Gen.Stat. § 78A-56(a)(1) and (2), N.C.Gen.Stat. § 75-1.1(b), and that the defendants were guilty of common

M. STAT. ANN. § 57-1-1 (same); N.C. GEN. STAT. § 75-1 (same); N.D. CENT. CODE §§ 51-08.1-01-02 (same);

See Restatement (Third) of Law Governing Lawyers § 75(1) & (2) (1998).("(1) If two or more persons are

...on." We thus first turn to the specific provisions of this chapter to determine whether the Legislature intended its provisions to be invoked by a governmental entity that seeks to invalidate a fully performed contractual agreement, as in this case. Section 75.01, Florida Statutes (2000), sets forth that "[c]ircuit courts have jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith." Section 75.02, Florida Statutes (2000), entitled "...

The first section of the validating statute, Section 75.01 confers power and jurisdiction on the circuit

amended by Chapter 22623, Acts of 1945, F.S.A. § 75.01 et seq., defines the procedure for validating bonds

...Resolution effectively invalidated the special assessments goes to the question of whether the assessments were lawfully imposed. Because the MSBU assessments would in part fund the revenue bonds, the issue was properly before the circuit court. See § 75.01 (“Circuit courts have jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith.”)....

...2010) (“A ‘spoliation’ instruction, allowing an adverse inference, is commonly appropriate in both civil and criminal cases where there is evidence from which a reasonable jury might conclude that evidence favorable to one side was destroyed by the other.” (citing 4 L. Sand et al., Modern Federal Jury Instructions § 75.01 (instruction 75-7), at 75-16 to -18 (2010))). The panel opinion simply concludes that Carnival acted consistently with its policies and that its policies do not “somehow establish bad faith.” Maj....

...into any interlocal agreements under the program and did not, itself, have the ability to impose the assessments required for repayment of the bonds. We disagree that this case was not ripe for bond validation or that the court lacked jurisdiction. Section 75.01, Florida Statutes (2014), confers jurisdiction on the circuit courts to determine the validity of bonds and certificates of indebtedness....

...yet entered into any interlocal agreements under the program and did not, itself, have the ability to impose the assessments required for repayment of the bonds. We disagree that this case was not ripe for bond validation or that the court lacked jurisdiction. Section 75.01, Florida Statutes (2014), confers jurisdiction on the circuit courts to determine the validity of bonds and certificates of indebtedness. Section 75.02, Florida Statutes, expressly states that the plaintiff in a bond validation proce...

...ause to be published. There is no merit to any of these contentions. Chapter 75, F.S. 1953, F.S.A., defines the procedure for validating bonds and certificates of indebtedness. It places jurisdiction in the “Circuit courts of this State”, F.S.A. § 75.01, and has no specification as to whether the proceeding should be brought “in law” or “in chancery.” It is further significant that Chapter 75 does not require the order to show to set the hearing at the courthouse but it may be held at any place designated in the circuit....

Sand et al., Modern Federal Jury Instructions § 75.01 (instruction 75-7), at 75-16 to -18 (2010))).

...2010) (“A ‘spoliation’ instruction, allowing an adverse inference, is commonly appropriate in both civil and criminal cases where there is evidence from which a reasonable jury might conclude that evidence favorable to one side was destroyed by the other.” (citing 4 L. Sand et al., Modern Federal Jury Instructions § 75.01 (instruction 75-7), at 75-16 to -18 (2010))). The panel opinion simply concludes that Carnival acted consistently with its policies and that its policies do not “somehow establish bad faith.” Maj....

...1990 , 26 L.Ed.2d 523 [1970] which, the defendants represented, would control the instant case. In the meantime, in October, 1969, the Hillsborough County Board of Public Instruction filed an action in the State courts pursuant to Florida Statutes § 75.01 et seq., F.S.A....

...ter 130, or they may levy a'special building tax as provided by § 135.01, Florida Statutes, F.S.A. In the case at bar they elected to proceed under the latter statute. The only statute relating to the rate of interest such certificates must bear is § 75.01, Florida Statutes, F.S.A., and this court has held that reciting the maximum rate of interest satisfies the requirement of said section....

effect of the validation statute, Florida Statute § 75.01 et seq. F.S.A. In Utley v. City of St. Petersburg