The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 718.203(b). . . . Id. at 27 (citing 30 U.S.C. § 92l(c)(l); 20 C.F.R. § 718.203(b) ). . . .
. . . As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that a "developer shall be . . . each unit implied warranties of fitness as to the work performed or materials supplied by them." § 718.203 . . . Thus, Appellant takes the position that in order to breach the implied warranty set forth in section 718.203 . . .
. . . . § 718.203. . . .
. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .
. . . . § 718.203(b). , And since Westmore-land had not produced any evidence to rebut the presumption, the . . .
. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .
. . . . § 718.203(a). . . . Id. § 718.203(b). . . .
. . . But § 718.203(a) states, “In order for a claimant to be found eligible for benefits under the Act, it . . . See 20 C.F.R. § 718.203(a).” . . . we explained that reading § 718.201 as imposing the only causal standard “effectively negates the § 718.203 . . . Dir., OWCP, 816 F.2d 1533, 1535 (11th Cir.1987), the Eleventh Circuit held that “20 C.F.R. § 718.203( . . . In Cornett, this court equated the standards in § 718.201 and § 718.203 by explaining that the claimant . . .
. . . . §§ 718.304 and 718.203(b), and found that he was entitled to invocation of the irrebuttable statutory . . .
. . . . § 718.203(a) (“In order for a claimant to be found eligible for benefits under the Act, it must be . . .
. . . ) Clinical pneumoconiosis as defined in § 718.201(a)(1), arising out of coal mine employment (see § 718.203 . . .
. . . . § 718.203(b), a miner who is suffering from pneumoconiosis and was employed for a minimum of ten years . . .
. . . . § 718.203, Fla. Stat. (2012). . . . GAF filed a motion to abate or in the alternative to dismiss, arguing that section 718.203(2) does not . . . .1995), in determining that GAF was a manufacturer and not a “supplier” within the meaning of section 718.203 . . . each unit implied warranties of fitness as to the work performed or materials supplied by them.... § 718.203 . . . In Harbor Landing, the court affirmed the dismissal of the appellant’s claim under section 718.203(2) . . .
. . . .” §§ 718.203(l)(c), 719.203(l)(c), Fla. Stat. (2006). . . .
. . . The first was for breach of statutory implied warranties pursuant to Florida Statute § 718.203 because . . . It asked the Court to rule as a matter of law that WB was a “developer” under Florida Statute § 718.203 . . . The Court examined whether WB was a “developer” according to Florida Statute § 718.203. . . . Id. § 718.203. The Court did not require WB to honor these statutorily created warranties, however. . . . In reaching this conclusion, the Court is not holding that § 718.203 is a necessarily good policy. . . .
. . . . § 718.203.... . . .
. . . . § 718.203(a) (“In order for a claimant to be found eligible for benefits under the Act, it must be . . .
. . . . § 718.203 and common law, impliedly warranted to the Plaintiffs that each parcel was reasonably fit . . . See F.S. § 718.203(2) (“The contractor, and all subcontractors and suppliers, grant to the developer . . .
. . . . § 718.203(b) under which a miner suffering from pneumoconiosis and employed ten years or more in the . . . rebuttable presumption that the pneumo-coniosis arose out of the coal mining employment. 20 C.F.R. § 718.203 . . . See 20 C.F.R. § 718.203(b). . . .
. . . dismissing Count XI of its complaint, which was a breach of statutory implied warranty claim under section 718.203 . . . determination that dismissal was appropriate because Rohm and Haas was not a “supplier” under section 718.203 . . . Section 718.203(2), Florida Statutes (2010), which pertains to condominium warranties, provides in part . . . Litig., 21 F.Supp.2d 593, 600-01 (E.D.La. 1998) (noting that the Legislature, through section 718.203 . . . (2) is that the Legislature used the term “manufacturers” in subsection (1) of section 718.203, which . . .
. . . . § 718.203(b). Ispat/Inland conceded Lentz was totally disabled due to a pulmonary condition. . . .
. . . . § 718.203(b). . . .
. . . . § 718.203(b), that it argues is only available to cases in which the claimant is alleging the existence . . . Immediately before the only mention of the § 718.203(b) presumption, the ALJ stated “[a]fter weighing . . .
. . . warranties in a condominium case before the legislature first enacted warranties for condominiums in section 718.203 . . .
. . . . §§718.3, 718.202, 718.203, 718.204. . . .
. . . . § 718.203(b) (establishing presumption). Mr. . . .
. . . Section 718.203, Florida Statutes (2006), provides, in pertinent part as follows: 718.203 Warranties. . . . The Florida Supreme Court has found that: As noted in section 718.203 ... the guarantee established in . . . The Contractor also contends that because section 718.203(2)(a), Florida Statutes provides a warranty . . . See § 718.203(l)(e), (2)(a), Fla. Stat. (2006). . . . This analysis of the warranties set forth under section 718.203 is incomplete. . . .
. . . . §§ 718.203(b); 718.304. . . . .
. . . — Breach of Statutory Implied Warranty of Fitness and Merchantability under Florida Statute Section 718.203 . . . A short review of the history of Section 718.203 may assist us in the proper interpretation of the statute . . . The holding in Gable was first codified in 1974 as section 711.65, now section 718.203. . . . Although divided into seven subsections, only subsection (1) of section 718.203 directly applies to developers . . . year from the date of closing of the purchase or the date of possession, whichever occurs first. § 718.203 . . .
. . . . § 718.203(a), (b). Finally, the ALJ held that Mr. . . .
. . . (See § 718.203).”). . . . With regard to the second element, § 718.203 of the regulation “sets forth two methods by which a claimant . . . shall be a rebuttable presumption that the pneumoconiosis arose out of such employment.” 20 C.F.R. § 718.203 . . . coal mine employment was made without benefit or application of the ten year presumption at Section 718.203 . . . See 20 C.F.R. § 718.203(b), (c).... . . .
. . . . §§ 718.202, 718.203, 718.204. . . . See 20 C.F.R. § 718.203(b) (“If a miner who is suffering or suffered from pneumoconiosis was employed . . .
. . . . § 718.203, and that death was due to pneumoconiosis, 20 C.F.R. § 718.205. See Shuff v. . . .
. . . . § 718.203(b). II. Before addressing Petitioner’s argument that Mr. . . . See §§ 718.203(b), (c). . . .
. . . against Grinnell Corporation for breach of express warranty and breach of implied warranty under section 718.203 . . . See § 718.203(2), Fla. Stat. (2005). . . .
. . . . § 718.203(b). The ALJ found and Mountain Clay does not dispute that this presumption applied. . . . .
. . . . § 718.203(b). . . .
. . . pneumoconiosis (see § 718.202); (2)[t]he miner’s pneumoconiosis arose out of coal mine employment (see § 718.203 . . .
. . . . § 718.203(b). . . .
. . . . § 718.203(b), a miner with pneumono-coniosis who has worked for 10 or more years in coal mines is entitled . . .
. . . entitled to the presumption that his pneumoconiosis arose from his coal mine employment. 20 C.F.R. 718.203 . . .
. . . imposed on developers of condominiums and their contractors, subcontractors, and suppliers by section 718.203 . . .
. . . . §§ 718.202, 718.203, 718.204 (2001). . . .
. . . . § 718.203; 6) that petitioner was totally disabled from a respiratory standpoint or a pulmonary standpoint . . . See 20 C.F.R. §§ 725.201(a)(1), 725.202(d), 718.202, 718.203, 718.204 (2002). . . .
. . . . §§ 718.202, 718.203, 718.204. . . .
. . . . §§ 718.201, 718.203(b), 718.205(c)(2) (1992); Shuff v. . . .
. . . . § 718.203(b)); and second, because the length of coal mine employment has the potential to affect medical . . .
. . . . §§ 718.203-.204. . . .
. . . . § 718.203. . . .
. . . . § 718.203(b) that any pneumoconiosis arose out of coal mine employment applied and that Ramsey was . . .
. . . Additionally, he argues that the presumption contained in § 718.203 applies to this analysis, invoking . . . Sexton’s argument on appeal that the presumption in § 718.203 applies to the § 718.304 analysis is not . . .
. . . . § 718.203(a). . . .
. . . . § 718.203(b); Adams, 886 F.2d at 819. . . .
. . . . §§ 718.202, 718.203, 718.204. See also Adams v. Director, OWCP, 886 F.2d 818, 820 (6th Cir.1989). . . .
. . . . §§ 718.201, 718.203, 718.205(c)(1). . . .
. . . . §§ 718.201 (definition of pneumoconiosis), 718.202 (existence of disease), 718.203 (relationship with . . .
. . . third-party beneficiary status upon plaintiff or the homeowners is further bolstered by reading section 718.203 . . . Fla.Stat. § 718.203. . . .
. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . . See 20 C.F.R. § 718.203. . . .
. . . . § 718.203(b) (presumption that pneumoconiosis caused by coal mining work). . . .
. . . A “warranty” under section 718.1255(1) includes those enumerated in section 718.203. . . . See § 718.203, Fla. Stat. (1995). . . . .
. . . . § 718.203(b) (relating to miners with ten or more years employment) to find that the disease is employment-related . . .
. . . . § 718.203(a)(em-phasis added). Cf. . . . Hudson, 73 F.3d at 848 (citing 20 C.F.R. § 718.203(b)). . . .
. . . The ALJ also found that no evidence rebutted the presumption in § 718.203(b) that Mr. . . .
. . . . § 718.203. . . .
. . . . § 718.203(b) that his pneumoconiosis arose out of his coal mine employment. . . . also found that claimant’s pneumoconiosis arose out of his coal mine employment pursuant to 20C.F.R. § 718.203 . . .
. . . See § 718.203. . . .
. . . . § 718.203(b). . . .
. . . . § 718.203(b) (1994), that his pneumoconiosis arose out of his coal mine employment. . . . Section 921(c)(1) of the Act and its interpretive regulations, 20 C.F.R. § 718.203(b), allow a petitioner . . . he enjoyed the presumption that his pneu-moconiosis arose out of coal mine employment. 20 C.F.R. § 718.203 . . .
. . . prima facie case, that the disease arose out of Doss's coal mine employment, was presumed under section 718.203 . . .
. . . the following question certified to be of great public importance: WHETHER THE PROVISIONS OF SECTION 718.203 . . . the contractor does not warrant those items for a “specific purpose” under the provisions of section 718.203 . . . In its opinion, the district court set forth a detailed analysis of section 718.203. . . . (1) and the contractor’s warranty mandated by section 718.203(2). . . . To be in compliance with the section 718.203(2) implied warranty of fitness then, the contractor must . . .
. . . . § 718.203(b) sets out this presumption as follows: “If a miner who is suffering or suffered from pneumoconiosis . . .
. . . Subsection 718.203(b) provides for a rebuttable presumption that a miner who is suffering from pneumoconiosis . . .
. . . The majority’s conclusion that section 718.203, Florida Statutes (1987), allows a condominium association . . . Section 718.203(5) clearly accords the warranties provided by section 718.203 “to the benefit of each . . . The plain language of section 718.203(5) does not give the condominium association a right to sue in . . . The plain language of section 718.203(5) does not support this conclusion. . . . , I would answer the question in the negative and quash the opinion below. .Section 718.203, Florida . . . of action for damage to common elements in condominium buildings, beyond the time granted in section 718.203 . . . The district court reversed, reasoning thusly: Section 718.203(2)(a), Florida Statutes (1987), provides . . . Rights of the Association Section 718.203, Florida Statutes (1987), creates a statutory cause of action . . . for breach of implied warranty of fitness in condominium construction: 718.203 Warranties.— (1) The . . . See § 718.203, Fla.Stat. (1987). . . .
. . . worked in the mines for at least 10 years developed the disease because of his employment. 20 CFR § 718.203 . . .
. . . need not establish the existence of pneumo-noeoniosis separately and may avail herself of the Section 718.203 . . . See 30 U.S.C. § 902(d); 20 C.F.R. § 725.-202(a). . 20 C.F.R. § 718.203(b) provides: If a miner who is . . . Further, under 20 C.F.R. § 718.203(b), Mrs. Mitchell is entitled to a presumption that Mr. . . .
. . . . § 718.203(b), that presumption had been rebutted. (Decision and Order dated December 19, 1986). . . . Office of Workers’ Compensation Programs, 988 F.2d 706, 708 n. 2 (7th Cir.1993). . 20 C.F.R. § 718.203 . . .
. . . . § 718.203(b). We affirm. I. . . . The ALJ also found that Shrader was entitled to the presumption of 20 C.F.R. § 718.203(b) that his pneumoconiosis . . . employment was improper, and that the ALJ and the Board improperly relied on the presumption of 20 C.F.R. § 718.203 . . . preparation plants, he improperly found that Shrader was entitled to the presumption of 20 C.F.R. § 718.203 . . .
. . . verdict on a third-party indemnity claim for breach of statutory warranty as prescribed in section 718.203 . . . THE CONTRACTOR’S WARRANTY: § 718.203 (2) The contractor, and all subcontractors and suppliers, grant . . . Under section 718.203(1)(b) and (d), the unit owner receives an implied warranty from the developer that . . . We are unable to find any language of a similar nature or import contained within section 718.203(2), . . . The language in section 718.203(2) does not negate this contractual disclaimer and was not intended by . . .
. . . . § 718.203(b), a miner who has worked for 10 or more years in the coal mining industry is entitled to . . .
. . . . § 718.203 (1992). . . .
. . . This entitled Tussey to the presumption contained in § 718.203 that if a miner has pneumoconiosis and . . .
. . . See § 718.203, Fla.Stat. (1991). . . .
. . . of action for damage to common elements in condominium buildings, beyond the time granted in section 718.203 . . . Toppino, Monroe, and Epic, except the claims for breach of statutory implied warranties under section 718.203 . . . , Seawatch filed a second amended complaint repleading the section 718.203 claims and restating the claims . . . In this appeal the condominium association challenges the dismissal of the section 718.203 claims on . . . It would appear that the filing was within the limitations period of sections 95.11(3)(c) and 718.203 . . .
. . . . § 718.203(b). The BRB affirmed the AU’s findings. . . .
. . . months of coal mine employment, and thus was entitled to a presumption of employment causation under § 718.203 . . .
. . . . § 718.203. . . . mines for ten years or more, Compton benefits from the rebuttable presumption contained in 20 C.F.R. § 718.203 . . .
. . . . § 718.203(b). . . .
. . . . § 718.203(a). . . . Section 718.203(b) of the regulations provides that a miner with ten or more years of coal mine employment . . . to a rebuttable presumption that his pneumoconiosis arose out of coal mine employment. 20 C.F.R. § 718.203 . . . must establish the causal relationship between their pneumoconiosis and that employment. 20 C.F.R. § 718.203 . . . arose out of that employment only if competent evidence establishes such a relationship. 20 C.F.R. § 718.203 . . .
. . . . § 718.203(a). . . . Id. at 825; cf. 20 C.F.R. § 718.203(a) (“to be found eligible for benefits ... the miner’s pneumoconiosis . . .
. . . . § 718.203. . . . twenty years of coal mine employment and thus qualified for the rebuttable presumption under section 718.203 . . . The court also looked to the requirements of the employment causation standard under section 718.203 . . . claimant must prove that his or her pneumoconiosis arose "at least in part” from mining. 20 C.F.R. § 718.203 . . .
. . . then invoked the presumption that Poole’s pneumoconiosis arose out of his coal mine employment under § 718.203 . . . The AU invoked the rebuttable presumption of causation of § 718.203 and concluded that Summers’s pneumoconiosis . . .
. . . reference the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 921(c)). . 20 C.F.R. § 718.203 . . . Under these circumstances, we find that ABC has abandoned the section 718.203(b) issue, and we therefore . . . Furthermore, § 718.203(a) provides that in order to qualify for benefits, a claimant must establish that . . . of the lung ... arising out of coal mine employment,” 20 C.F.R. § 718.201, and yet, in 20 C.F.R. § 718.203 . . . Section 718.203(a) states that “[i]n order for a claimant to be found eligible for benefits under the . . .
. . . . §§ 718.202, 718.203, 718.204. . . .
. . . . §§ 718.203(b), 718.302 (1988). . . .
. . . . § 718.203(b). This presumption went unrebutted. . . . Mangifest, 826 F.2d 1318, 1320 (3d Cir.1987); 20 C.F.R. §§ 718.2, 718.202, 718.203, 718.204; see also . . . See 20 C.F.R. § 718.403; Mangifest, 826 F.2d at 1320; see also 20 C.F.R. §§ 718.203(b), 718.302-.306 . . . See Mangifest, 826 F.2d at 1320; 20 C.F.R. 718.203. . . . Cf. 20 C.F.R. § 718.203(a). . . .
. . . Next, the AU applied § 718.203(b) which affords to miners who worked ten or more years in the mines a . . . That requirement is made express in § 718.203 and no useful purpose would be served in repeating it in . . .
. . . . §§ 718.202, 718.203, 718.-204. . . . Section 718.203 sets forth two methods by which a claimant may establish that his pneumoconiosis arose . . . mine, there arises a rebuttable presumption that the pneumoconiosis arose out of such employment. § 718.203 . . . pneumoconiosis arose out of that employment only if competent evidence establishes such a relationship. § 718.203 . . .
. . . . § 718.203(a) to define the standard for causation between coal mine employment and pneumo-coniosis . . . under 20 C.F.R. § 718.203(c), when the miner worked in coal mines for less than ten years. . . . Both § 718.203 and § 718.204(a) concern causal relationships; § 718.203 pertains to the nexus between . . . (a) to § 718.203(b), in a case in which the miner had worked more than ten years and the operator was . . . attempting to rebut the presumption of causation contained in § 718.203(b). . . .
. . . . § 718.203, the AU answered the first question in the affirmative. . . .
. . . . §§ 718.1(a), 718.203(a) (1988); McClendon v. . . . . § 718.203(a), claimant must show miner’s condition arose "at least in part” from coal mine employment . . . rebuttable presumption that pneumoconiosis arose out of such employment would come into play. 20 C.F.R. § 718.203 . . .