Syfert Injury Law Firm

Collins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-25T00:00:00-07:00

Citation: 189 So. 3d 342, 2016 WL 1621080, 2016 Fla. App. LEXIS 6249

Snippet: under these unique circumstances. ' Id. at 406.4 Just as in Horsley, the statute in effect at the

Joseph B. Doerr Trust v. Central Florida Expressway Authority

Court: Fla. | Date Filed: 2015-11-05T00:00:00-08:00

Citation: 177 So. 3d 1209

Snippet: Doerr a presuit written offer to purchase Parcel 406 for $4,914,221. Id. Doerr rejected the offer

Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-30T00:00:00-07:00

Citation: 84 So. 3d 410

Snippet: the known fee owner, Doerr, to “purchase Parcel 406 for $4,914,221.00, subject to all apportionment claims…to Doerr on June 5, 2006, to “purchase Parcel 406 for $4,914,221.00, subject to all apportionment claims…to Doerr on June 5, 2006, to “purchase Parcel 406 for $4,914,221.00, subject to all apportionment claims…offer of June 5, 2006, to "purchase Parcel 406 for $4,914,221, subject to all apportionment claims.

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666

Snippet: 402.9, Preliminary Issues—Vicarious Liability; 406.4, Probable Cause; 407.8, Defense Issues; 601.2, Believability…and False Imprisonment), No. SC09-302 Instruction 406.4, Probable Cause, formerly instruction MI 5.1b, defines…Claims 406.3 Greater Weight of the Evidence 406.4 Probable Cause 406.5 Malice 406.6 …. City of Sarasota, 117 So.2d 731 (Fla. 1960). 406.4 PROBABLE CAUSE Probable cause means that at the

Lowenstein v. BARNETT BANK OF SO. FLA.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-21T00:53:00-07:00

Citation: 720 So. 2d 596

Snippet: customer was precluded from recovery under section 674.406(4) Florida Statutes (1991), moved after January 1,

Lowenstein v. Barnett Bank of South Florida, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-01T00:00:00-07:00

Citation: 789 So. 2d 1012

Snippet: customer was precluded from recovery under section 674.406(4) Florida Statutes (1995). After a hearing on the

Greene v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-26T00:53:00-07:00

Citation: 714 So. 2d 554

Snippet: deleted the section discussed in Nurse. See ch. 93-406, § 4, at 1703-1704, Laws of Fla. The legislature has

Gerber v. CITY NAT. BANK OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-04T00:53:00-07:00

Citation: 619 So. 2d 328

Snippet: by Section 674.406(4). Section 674.406(4), which is based upon U.C.C. Section 4-406(4), states: Without…complaint against a bank as being barred by Section 674.406(4), Florida Statutes (1991). Based upon our finding…that the one-year time limitation in Section 674.406(4) is a notice requirement, and not a statute of limitations…complaint. On appeal, Gerber argues that Section 674.406(4) is not a statute of limitations, which requires… So.2d 883, 885 (Fla. 3d DCA 1992). Section 674.406(4) merely requires a customer to "discover and

Aprile v. SUNCOAST SCH. FED. CREDIT UN.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-29T00:53:00-07:00

Citation: 596 So. 2d 1290

Snippet: statutes of limitations set forth in subsections 674.406(4) and 95.11(3)(k), Florida Statutes (1985). The trial…statute of limitations defense under subsection 674.406(4), is unavailable to Suncoast because the appellant…his first point on appeal. Under subsection 674.406(4), a customer has one year within which to discover…Finally, the statute of limitations in subsection 674.406(4), is inapplicable in this case because the redemption… of statute of limitations under subsection 674.406(4), it is still entitled to a factual determination

Aprile v. Suncoast Schools Federal Credit Union

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-29T00:00:00-07:00

Citation: 596 So. 2d 1290

Snippet: statutes of limitations set forth in subsections 674.406(4) and 95.11(3)(k), Florida Statutes (1985). The trial…statute of limitations defense under subsection 674.-406(4), is unavailable to Suncoast because the appellant…his first point on appeal. Under subsection 674.406(4), a customer has one year within which to discover…Finally, the statute of limitations in subsection 674.406(4), is inapplicable in this case because the redemption… of statute of limitations under subsection 674.406(4), it is still entitled to a factual determination

Podini v. Intercontinental Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-27T00:00:00-08:00

Citation: 557 So. 2d 229

Snippet: . 5th DCA 1981); Sections 674.406(1) & 674.-406(4), Florida Statutes (1983). No. 89-1970

Burdine-Coakley v. Capital Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-27T23:53:00-08:00

Citation: 542 So. 2d 1019

Snippet: items. NOTES [1] The bank does not invoke § 674.406(4), Fla. Stat. (1983) as a defense. See Space Distribs

Southern Contract Carpe, Inc. v. Cty. Nat. Bk. of S. Fla.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-21T00:53:00-07:00

Citation: 528 So. 2d 42

Snippet: limitations contained in section 674.406(4), Florida Statutes (1985) (section 4-406(4) of the Uniform Commercial…single-signature-when-two-are-required is an "unauthorized" one for 674.406(4) purposes is based largely on our interpretation…practical purposes, only forgeries qualify under 674.406(4). While there is a wide split of authority on this… A.2d 558 (1973), have refused to apply UCC § 4-406(4) when situations analogous to the present one were… to grasp that the signature referred to in § 4-406(4) is the signature of the customer who alleges that

Patterson Produce Co. v. First National Bank of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-04T00:00:00-07:00

Citation: 475 So. 2d 1368

Snippet: summary judgment, the bank argued that section 674.406(4) requires the bank customer to discover and report… applied the one-year limitation of section 674.406(4) to the instant cause. Having examined the language…intended the one-year limitation of section 674.406(4) to deal exclusively with the subject of forgeries… rely on the one-year limitation of section 674.406(4) as a defense to the company’s claim. Accordingly

Space Distributors, Inc. v. FLAGSHIP BANK, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-08-26T00:53:00-07:00

Citation: 402 So. 2d 586

Snippet: were absolutely barred by section 674.406(4). Section 674.406(4) provides that: Without regard to care… based on the notice requirement of section 674.406(4), Florida Statutes (1979). As to the rest of the…forgeries on January 23, 1979. Thus, under section 674.406(4), Tropic Air is not precluded from asserting unauthorized…because of the notice requirements of section 674.406(4), Flagship was entitled to summary judgment for …forged check was barred by the time limitation of 4-406(4). See, e.g., Indiana National Corp. v. FACO, Inc

AZ v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-07T00:53:00-07:00

Citation: 383 So. 2d 934

Snippet: shall be informed of the right to counsel, § 39.406; (4) The adjudicatory and disposition hearing are not

Interest of A. Z. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-07T00:00:00-07:00

Citation: 383 So. 2d 934

Snippet: shall be informed of the right to counsel, § 39.406; (4) The adjudicatory and disposition hearing are not

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-03-08T23:53:00-08:00

Snippet: the Medical Examiners Commission, pursuant to s. 406.04 declares that `[t]he authority of the District

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1961-11-13T23:53:00-08:00

Citation: 134 So. 2d 513

Snippet: . [3] McLendon v. State, 90 Fla. 272, 105 So. 406. [4] Farrior v. State, Fla. 1954, 76 So.2d 148. [5

Brooks v. State

Court: Fla. | Date Filed: 1960-01-26T23:53:00-08:00

Citation: 117 So. 2d 482

Snippet: and Sanford v. State, 1925, 90 Fla. 337, 106 So. 406. [4] 2 Wharton's Criminal Evidence, p. 686; Mardorff