CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 9268, 1989 WL 61726
provision of the Bankruptcy Code, 11 U.S.C. § 362. 1 The motion was resolved by stipulation
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Cited as authorityLloyd (2023)phrase: "rule_authority"
CopyCited 26 times | Published | United States Bankruptcy Court, M.D. Florida | 53 A.L.R. Fed. 611, 1 Collier Bankr. Cas. 2d 349, 1979 Bankr. LEXIS 592, 5 Bankr. Ct. Dec. (CRR) 1292
expressly stayed by Sec. 362(1)(2)(4)(5); 11 U.S.C. § 362 (1)(2)(4)(5). Neither is it an attempt to cancel
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CopyCited 19 times | Published | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 697
Motion For Relief From The Automatic Stay Under Section 362. (1) Section 362(d)(2). In order to grant relief
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CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 253
...Duty, in general, has been defined as an "obligation ... recognized by the law, requiring the person to conform to a certain standard of conduct, for the protection of others against unreasonable risks." Prosser & Keeton, § 30, at 164. Ileana contends that section 362.01, Florida Statutes (1983), creates a special duty on the part of FPL....
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Cited as authorityCurd (2010)phrase: "rule_authority"
CopyCited 12 times | Published | Supreme Court of Florida
...cilities because the expressway was designed and was being built to accommodate a new and different high speed Federal Expressway and could not under any circumstances be construed to be a "common use of said roads or highways" within the purview of Section 362.01, F.S....
...ether the cost of moving and relocating the telephone facilities in connection with the construction of the Jacksonville Expressway System is to be borne by the Telephone Company on the one hand or the taxpayers of the State of Florida on the other. Section 362.01, F.S....
...lines. Since the enactment of this statute, this Court has had occasion in only one instance to refer to it. In the case of Peninsular Telephone Company v. Marks,
144 Fla. 652, 655,
198 So. 330, 332, in speaking of Section 6337, C.G.L. which is now Section
362.01, supra, we said: "The privilege granted supra [under the statute] to erect posts, wires and other fixtures for telephone and telegraph purposes on or beside any public road, highway or street contemplates that the small shall be erecte...
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CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 301304
...[7] The statute should be construed to give effect to all its provisions if possible. Forehand v. Board of Public Instruction,
166 So.2d 668 (Fla. 1st DCA 1964); State v. Zimmerman,
370 So.2d 1179 (Fla. 4th DCA 1979). [8] Pursuant to Florida Statute §
362.01.
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CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida.
(11th Cir.1992). The Court's action in waiving § 362(1) and re-imposing the stay is an action that falls
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Cited "but see"Beepot (2014)phrase: "but see"
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 19 Fla. L. Weekly Fed. B 105, 2005 Bankr. LEXIS 2589, 2005 WL 3577413
nondischargeable debt is not stayed by 11 U.S.C. § 362.[1]Id. Specifically, the court stated that, ". .
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Cited as authorityIn Re Mu'min (2007)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16087
...Upon motion to dismiss filed by Southern Bell, the court entered an order dismissing with prejudice Gulf Properties’ complaint for failure to state a cause of action. Hence this appeal. DISPOSITION We affirm. Southern Bell’s motion to dismiss was grounded primarily upon the provisions of Section 362.01, Florida Statutes (1973), 1 which provides in part: “To occupy roads....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4664
...811 is valid and constitutional and is applicable to plaintiff’s signs and markers. In its first assignment of error appellant contends that it has the right under statute, as well as its franchise from the city, to install non-obstructive cable marker signs in the public right-of-way. We agree with appellant that § 362.01, Fla.Stat., F.S.A., provides this right subject to the qualification that said fixtures must not “obstruct or interfere with the common uses of said road or highways.” Further, under Section One of the current franchise with-appellee ci...
