Syfert Injury Law Firm

Charles L. Lieupo v. Simon's Trucking, Inc.

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: CAUSE OF ACTION CONTAINED IN SECTION 376.313(3), FLORIDA STATUTES, [of the 1983 Water Quality… He filed his complaint under section 376.313(3), Florida Statutes, [of the 1983 Water Quality…could not seek recovery under section 376.313(3) because that statute did not permit recovery …recovery of “all damages.” Specifically, section 376.313(3), Florida Statutes (2011), of the 1983 act states…Lieupo filed his cause of action under section 376.313(3) of the 1983 act, the “all damages” language of

Mosaic Fertilizer, LLC v. Curd

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-09T00:00:00-08:00

Citation: 259 So. 3d 239

Snippet: as a statutory cause of action under section 376.313(3), Florida Statutes (2004). Curd v. Mosaic Fertilizer…). The supreme court concluded that section 376.313(3) provides "private causes of action to any

MOSAIC FERTILIZER, L L C v. HOWARD CURD

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-08T23:53:00-08:00

Snippet: a statutory cause of action under section 376.313(3), Florida Statutes (2004). Curd v. Mosaic Fertilizer…. The supreme court concluded that section 376.313(3) provides "private causes of action to any

Simon's Trucking, Inc. v. Charles A. Lieupo

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: statutory cause of action created by section 376.313(3), Florida Statutes, under which Lieupo filed his…injuries. He filed his complaint under section 376.313(3), Florida Statutes, which imposes strict liability…Lieupo could not seek recovery under section 376.313(3) because that statute did not permit recovery for… issue before this court is whether section 376.313(3) permits recovery for personal injury. 2 This question…injury claims from being brought under section 376.313(3), but we certify a question of great public importance

Robert K. Robinson v. Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-29T00:00:00-07:00

Citation: 242 So. 3d 467

Snippet: cause to believe that Robinson violated section 112.313(3), (6), (7), and (16) by “providing counsel and recommendations…finding that Robinson did not violate section 112.313(3) or (7) but that he did violate section 112.313(… violate Florida Statutes section 112.313(3) (2014)—which prohibits doing business…prohibition on “doing business with one’s agency,” § 112.313(3), Fla. Stat., and had statutory authority to provide

General Dynamics Corp. v. Brottem

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-30T00:00:00-08:00

Citation: 53 So. 3d 334

Snippet: pollutive condition and that it has occurred.” § 376.313(3), Fla. Stat. (2008). This subsection then provides…Conflict Between the Act and the WQAA Sections 873.313(3) and 440.11(1), Florida Statutes, appear to conflict…from Plaintiffs’ WQAA claims. However, section 376.313(3) limits defenses for a WQAA claim to “only” those… it would not be reasonable to read section 376.313(3) as barring all legal and statutory defenses not

Curd v. Mosaic Fertilizer, LLC

Court: Fla. | Date Filed: 2010-06-17T00:00:00-07:00

Citation: 39 So. 3d 1216, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384

Snippet: claim for statutory liability under section 376.313(3), Florida Statutes (2004). Count 2 alleged common…fishermen’s statutory liability claim under section 376.313(3), the court concluded that there is no Florida precedent…permits a recovery for damages under section 376.313(3) when the party seeking the damages does not own…the statute a legislative intent in section 376.313(3) to allow such economic claims based on the fishermen… cause of action recognized in section *1220376.313(3), Florida Statutes (2004),1 allows commercial fishermen

WASSERSTROM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-30T00:00:00-07:00

Citation: 21 So. 3d 55

Snippet: conflicting contractual relationship. Fla. Stat. s. 112.313(3),(7). Furthermore, the lawfirm [sic] does not represent…conflicting contractual relationship. Fla. Stat. s. 112.313(3), (7). Furthermore, the lawfirm [sic] does not represent

Curd v. Mosaic Fertilizer, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-17T00:53:00-07:00

Citation: 993 So. 2d 1078

Snippet: is currently codified in section 376.313(3). Section 376.313(3) reads: Except as provided in s. 376.3078…claim for statutory liability under section 376.313(3), Florida Statutes (2004). Count 2 alleged common…final claim is a statutory claim under section 376.313(3). The supreme court has held that statutory causes…whether the legislature intended in section 376.313(3) to provide fishermen a cause of action for their…with an eye toward the common law. In section 376.313(3), the legislature did not directly state that it

Suarez v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-31T23:53:00-08:00

Citation: 987 So. 2d 681

Snippet: to a statutory cause of action under section 376.313(3), Florida Statutes (2002). The circuit court entered…summary judgment as to this claim because section 376.313(3) provides a private right of action for clean-up…ruling that the claim asserted under section 376.313(3) was barred by the statute of limitations. Since

K.J.S. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-31T00:00:00-08:00

Citation: 974 So. 2d 1106

Snippet: opinion. . Under sections 402.305(2)(a) and 402.313(3), Florida Statutes (2005), personnel in family day-care

Kjs v. Dcfs

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-30T23:53:00-08:00

Citation: 974 So. 2d 1106

Snippet: NOTES [1] Under sections 402.305(2)(a) and 402.313(3), Florida Statutes (2005), personnel in family day-care

Ago

Court: Fla. Att'y Gen. | Date Filed: 2006-12-11T23:53:00-08:00

Snippet: the commission responded that neither section 112.313(3) norsection 112.313(7), Florida Statutes, was violated…Theexemption, however, only refers to subsections 112.313(3) and(7).2 In setting forth the powers and duties

The St. Joe Co. v. Leslie

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-29T00:53:00-07:00

Citation: 912 So. 2d 21

Snippet: ; and (6) statutory liability under section 376.313(3), Florida Statutes (providing a civil cause of action

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-14T23:53:00-08:00

Citation: 886 So. 2d 399

Snippet: aid legitimate sex education. See section 313.2, 313.3 Cal.Code. These affirmative defenses and the arousal

ARAMARK UNIFORM AND APPAREL v. Easton

Court: Fla. | Date Filed: 2004-10-07T00:53:00-07:00

Citation: 894 So. 2d 20

Snippet: covered by ss. 376.30-376.319." § 376.313(3). Section 376.313(3) establishes the parameters of a private…negligence), as well as a claim under section 376.313(3), Florida Statutes (2002). The trial court held …Court of Appeal reversed, holding that section 376.313(3) created a cause of action for strict liability …205 (Fla. 5th DCA 1996) (holding that section 376.313(3) creates a cause of action), review dismissed, 687…The issue we must resolve is whether section 376.313(3) creates a cause of action or merely modifies existing

Angelo v. Healthcare

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-28T00:00:00-07:00

Citation: 824 So. 2d 997

Snippet: pollution. The statute under consideration, section 376.313(3), stated “that the remedies of the WQAA ‘shall be

Easton v. Aramark Uniform and Career

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-06T00:53:00-07:00

Citation: 825 So. 2d 996

Snippet: Because we agree with Appellant that section 376.313(3), Florida Statutes (2000), provides a cause of action…strict liability, we reverse. *998 I. Section 376.313(3) states: Notwithstanding any other provision of …#39;s claim for damages pursuant to section 376.313(3) states a cause of action. See also Kaplan v. Peterson…contemplated and permitted; "[s]ection 376.313(3) provides that private persons may bring a cause…created by the statute. We do not read section 376.313(3) to require Appellant to prove that Appellees caused

Calero v. Metropolitan Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-09T00:53:00-07:00

Citation: 787 So. 2d 911

Snippet: a lack of section 768.28 notice. 688 So.2d at 313. [3] Under the case law, the plaintiffs in the present

COURTNEY ENTERS. INC. v. Publix Super Markets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-18T00:00:00-07:00

Citation: 788 So. 2d 1045

Snippet: sections "toothless." However, section 376.313(3) states that the remedies of the WQAA "shall…suing his predecessor in title under section 376.313(3) for strict liability for damages resulting from…dismissal of the action, holding that section 376.313(3) did not create a cause of action for damages resulting…can or cannot state a cause of action under 376.313(3) does not undermine any common law causes of action… action, which by the very terms of section 376.313(3) are preserved. When the legislature enacted 376.3078