CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2001 WL 497373
particular body of water. See 50 C.F.R. § 80.1(1) ("Common horsepower is defined as any size motor
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...of it." Ervin & Rhodes, Quo Warranto in Florida, 4 U.Fla.L.Rev. 559 (1951) (Footnotes omitted). In their briefs and during oral arguments Respondents conceded that notwithstanding the language of Rule 4.5, subd. c(1), Florida Appellate Rules, and F.S. 80.01, the power and authority of an Assigned State Attorney, if it is to be challenged, should be tested in a direct proceeding by way of quo warranto, citing Hart v....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 13894, 2001 WL 1175338
...election law, we reverse. Quo warranto is a writ of inquiry through which a court determines the validity of a party’s claim that an individual is exercising a public office illegally. See State ex tel. Bruce v. Kiesling,
632 So.2d 601 (Fla.1994). Section
80.01 of the Florida Statutes (1999) authorizes the pursuit of quo warranto relief but has been construed to require the person filing the writ to “not only to demonstrate by his allegations and proof that respondent was not elected, but th...
CopyPublished | Court of Appeals for the Eleventh Circuit
suitable for a particular body of water. See 50 C.F.R. § 80.1(1) (“Common horsepower is defined as any size motor
CopyPublished | Court of Appeals for the Eleventh Circuit
suitable for a particular body of water. See 50 C.F.R. § 80.1(1) ("Common horsepower is defined as any size
CopyPublished | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 11760
Pattern Jury Instructions (Criminal Cases), Section 80.1 (West 1997). We note that it might be advisable
CopyPublished | Court of Appeals for the Eleventh Circuit
Pattern Jury Instructions (Criminal Cases), Section 80.1 (West 1997). We note that it might be advisable
CopyPublished | Supreme Court of Florida | 1960 Fla. LEXIS 2187
Amercia in violation of Title 18, United States Code, § 80.1 He was adjudged guilty and sentenced to imprisonment
CopyPublished | District Court of Appeal of Florida
...one, and those which primarily affect some private right, though they at the same time involve the usurpation of a public franchise, in the latter case an information being allowed on the relation of the person whose rights are affected. * M-- * ” Section 80.01, Florida Statutes, F.S.A., provides: “Any person claiming title to an office which is exercised by another shall have the right, upon refusal by the attorney general to institute proceedings in the name of the state upon such claimant...
CopyPublished | Florida 1st District Court of Appeal
...1920)); 3
William Blackstone, Commentaries *262 (under English common
law, the writ was “for the king, against him who claims or usurps
any office, franchise, or liberty”). In chapter 80, Florida Statutes,
the Legislature regulates in certain circumstances when a person
may file a petition. See § 80.01, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1037, 1988 Fla. App. LEXIS 1729, 1988 WL 39148
...As to (1), we affirm the dismissal of the amended complaint as brought by the individual appellants. Even if, as those appellants argue, the Attorney General refused to bring the suit, those appellants are not entitled to bring the suit unless they claim entitlement to the office. § 80.01, Fla.Stat....
...929 (1905), is to the contrary. Bryan simply reflects the proposition that the Attorney General may not delegate his responsibility for such a writ. There was no such delegation here. Also, the Attorney General did not refuse to commence this suit and, therefore, section 80.01, Florida Statutes (1985), is not applicable....
