Florida/Georgia Personal Injury & Workers Compensation

is ... [a] settlement payment, as defined in section 741(8) of this title, made by or to a commodity broker

Title, or settlement payment as defined in Section 741(8) of this Title made by or to a commodity broker

payment" as that term is defined in 11 U.S.C. § 741(8). That is too remote to allow PaineWebber to claim

is ... [a] settlement payment, as defined in section 741(8) of this title, made by or to a commodity broker

...that workmen's compensation benefits would be terminated if there had been a valid marriage. The trial court held the marriage to be void and granted annulment. Neither party has cited any controlling precedent from this State. Appellee relies upon Section 741.08, Florida Statutes (1974), which provides as follows: 741.08 Marriage not to be solemnized without a license....

...Marriage may be solemnized by ordained clergy, judges, clerks of court, or notaries public. See § 741.07, Fla. Stat. (2002). After solemnization, the officiant shall certify on the license that the marriage has been performed and deliver it, within 10 days, to the clerk or judge that issued it. See § 741.08, Fla....

...There are also provisions for proving up a marriage when the certificate is not completed on the marriage license, when the certified license is lost or when death or other cause prevents a certificate from being made. See § 741.10, Fla. Stat. (2002). Section 741.08, Florida Statutes (2002), provides: Marriage not to be solemnized without a license.—Before any of the persons named in s....

...However, with regard to incestuous marriages, the statute provides that people in certain familial relationships "may not marry." § 741.211, Fla. Stat. (2002). This language prohibits a marriage from occurring rather than nullifying one that has occurred much like the language of section 741.08, which the dissent finds to be merely regulatory....

...d beyond the motion stage. I next note, in conjunction with Judge Thomas' observations, the statutory scheme concerning marriage licenses. To be sure, the Florida Statutes contain a section entitled "Marriage not to be solemnized without a license." § 741.08, Fla. Stat. (2002). Nevertheless, the text of that statute applies solely to a person authorized by section 741.07, Florida Statutes (2002), to solemnize the marriage. The provisions of subsection 741.08, including the directives to require a marriage license and transmit the license to the clerk's office, seek to control only the behavior of the officiant....

...NOTES [1] The court in Shelton could have, and perhaps should have, reached the same result by holding that the parties were not in fact married on Friday when they had their marriage ceremony, but became married when they signed the license on Monday before a notary and the required witnesses. "Solemnization" under section 741.08 does not require any particular ceremony or the recitation of any particular words but only that the license is executed before the appropriate persons....

commonly used in the securities trade.” 11 U.S.C. § 741(8) (emphasis added). Each of the items addressed

...741.07 (1), F.S., which provides that notaries public of the state, among others, may solemnize the rights of matrimonial contract, under the regulations prescribed by law. 3 See , s. 28.24 (29), F.S., providing that the service charge for the clerk of the circuit court is $20 for solemnizing matrimony. 4 Section 741.08 , F.S....