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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. | Date Filed: 2024-03-07T00:00:00-08:00
Snippet: ensue. § 768.125, Fla. Stat. The issue is whether the action permitted by section 768.125 is a “negligence…minor or person. § 768.125, Fla. Stat. We explained in Ellis that section 768.125 “effectively codified… dram-shop exception contained in section 768.125, Florida Statutes, against a vendor who willfully…action.” § 768.81, Fla. Stat. In turn, section 768.125 permits liability when a person “willfully and… by the underage drinker exception in section 768.125 is a negligence action for purposes of the comparative
Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-02T00:00:00-07:00
Snippet: involving § 768.125. Neither have they cited any authority for the proposition that § 768.125 gives rise…Nightclub pursuant to Florida’s Dram Shop Law, § 768.125, Florida Statutes, based on allegations that the…intoxication of such minor or person. § 768.125, Fla. Stat. (2022). 3 Appellants also brought …defend and indemnify the Appellants pursuant to § 768.125. The relevant plain language permits liability
Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-11T23:53:00-08:00
Snippet: included a reading of section 768.125 and a charge summarizing the 768.125 claim: that Hayes Robertson … exception in Florida’s Dram Shop Act, section 768.125, Florida Statutes (2014), permitting a claim of…consider the term “habitually addicted” in section 768.125, and the trial court’s decision to exclude Mr. …A review of the legislative history of section 768.125, as enacted in 1980; the separate misdemeanor …helpful insight, however. Initially, section 768.125 was to be numbered 562.51 to follow the “habitual
Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00
Snippet: to state a cause of action based upon section 768.125, Florida Statutes (2013), but that statute does…cause of action could be stated because section 768.125, Florida Statutes (2013), provides only a cause…business that gratuitously serves alcohol. Section 768.125 provides: Liability for injury or damage…action, agreeing with the employers that section 768.125 did not create a cause of action and a business…appeals. The Estate first argues that section 768.125 does not shield the employers from liability. We
Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-14T00:00:00-07:00
Citation: 225 So. 3d 891, 2017 WL 2988826, 2017 Fla. App. LEXIS 10096
Snippet: dram shop liability statute, codified at section 768.125, Florida Statutes (2014). This statute provides
Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-03T00:00:00-07:00
Citation: 199 So. 3d 333, 2016 Fla. App. LEXIS 11736, 2016 WL 4132105
Snippet: section 768.125 and the second under general negligence. Neither party is correct. Section 768.125 says,…such ... person. § 768.125, Fla. Stat. From its clear language, section '768.125 does not create a…they were negligent and in violation of section 768.125, Florida Statutes, for serving alcohol to “a person…of any or all alcoholic beverages,” per section 768.125). Appellants contend: (1) the trial court’s instructions…the only cause of action here is under section 768.125, Florida Statutes. The Appellees argue that there
Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00
Citation: 187 So. 3d 330, 2016 Fla. App. LEXIS 3606
Snippet: court dismissed the suit, finding that section 768.125, Florida Statutes (2011), . insulated businesses… the protections -of section *331 768.125. We disagree and affirm the dismissal of the action…arguing that the suit was precluded by section 768.125, Florida Statutes. The trial court agreed and dismissed… The common law rule, codified by section 768.125, absolves sellers from blame for the drunken acts…1042, 1044-47 (Fla.1991). Specifically, section. 768.125 states: A person who sells or furnishes
Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-10T00:00:00-07:00
Citation: 168 So. 3d 238, 2015 Fla. App. LEXIS 5197, 2015 WL 1609930
Snippet: statute, codified at section 768.125, Florida Statutes. Section 768.125, Florida Statutes (2009), provides…from the intoxication of such minor or person. § 768.125, Fla. Stat. (2009). In Ellis v. N.G.N. of Tampa
Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00
Citation: 157 So. 3d 329, 2015 Fla. App. LEXIS 110, 2015 WL 72346
Snippet: found in Bardy” We agree. Section 768.125,' Florida Statutes (2008), is at play in this…the majority impermissibly circumvented section 768.125. Id. at 48 (Diamantis, J., dissenting… to set social policy, as it did in section 768.125, Judge Diamantis explained that if liability was… has acted to restrict liability under section 768.125, a court would not expand liability). We must resist…addition to the restrictions imposed by section 768.125, we also must observe that the facts in Bardy
Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-17T00:00:00-08:00
Citation: 154 So. 3d 1151, 2014 Fla. App. LEXIS 20438, 2014 WL 7202971
Snippet: facie case of any violation of section 768.125.3 Section 768.125, Florida Statutes (2010), provides: A …although limited *1153by the provisions of section 768.125, there is a cause of action against a vendor for
Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-02T00:00:00-07:00
Citation: 100 So. 3d 729, 2012 Fla. App. LEXIS 19090, 2012 WL 5373438
Snippet: who sell or furnish alcoholic beverages. See § 768.125, Fla. Stat. (2007) (limiting liability for consequences
Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00
Citation: 96 So. 3d 917, 2012 Fla. App. LEXIS 10480, 2012 WL 2400887
Snippet: negligent furnishing of alcoholic beverages. E.g., § 768.125, Fla. Stat. (1980). However, these duties were
Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-12T00:53:00-07:00
Citation: 975 So. 2d 1266
Snippet: on what basis should Judges read into section 768.125 an implied civil law avoidance of the forcible …STEVENSON and TAYLOR, JJ., concur. NOTES [1] § 768.125, Fla. Stat. (2007) ("a person who willfully
Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-14T23:53:00-08:00
Citation: 977 So. 2d 648
Snippet: "shall have no cause of action"); § 768.125, Fla. Stat. (2007) (using the phrase, "shall
Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-03T00:53:00-07:00
Citation: 966 So. 2d 452
Snippet: liability was based on a specific statute, section 768.125, which makes a seller of alcohol liable where there
Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-24T00:53:00-07:00
Citation: 962 So. 2d 1062
Snippet: s] liability in this case is section 768.125. As section 768.125 does not provide a cause of action, Mr…House breached its duty to Luque under section 768.125, Florida Statutes, when it knowingly sold him a…, Defendant argued at the hearing that section 768.125 was enacted for the protection of the public, not… judgment based on the conclusion that section 768.125 did not create a cause of action. The Luques filed…was titled "VIOLATION OF FLORIDA STATUTE § 768.125 BY [DEFENDANT]." In support of this count,
Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-06T00:00:00-07:00
Citation: 936 So. 2d 786, 2006 Fla. App. LEXIS 14835, 2006 WL 2547276
Snippet: that morning, alleging a violation of section 768.125, Florida Statutes (2000), which provides: A person… sufficient knowledge to have violated section 768.125. See also Sabo v. Shamrock Commc’n, Inc., 566 So
Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-16T23:53:00-08:00
Citation: 886 So. 2d 1050
Snippet: common law and by section 768.125. The supreme court has viewed section 768.125 as "a limitation on…" in Florida. Granzow argues that section 768.125, Florida Statutes (2003), acts as a "complete…. Granzow further argues that, because section 768.125 renders social hosts "immune under common …continued to increase, the legislature enacted section 768.125 to limit the expansion of vendors' exposure…period, the legislative history relating to section 768.125 indicates that it was "the intent of the legislature
Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-30T23:53:00-08:00
Citation: 863 So. 2d 1230
Snippet: alcohol to a person under twenty-one. Section 768.125, Florida Statutes (1991) provided that a "
Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-15T23:53:00-08:00
Citation: 799 So. 2d 433
Snippet: of ... alcoholic beverages" under section 768.125, Florida Statutes (1997).[1] The trial court granted…Appellee is immune from liability under section 768.125; that Appellee had no legal duty to protect the…ambit of Florida decisions holding that section 768.125 did not create a cause of action against a "…Bankston v. Brennan, 507 So.2d 1385 (Fla.1987) (§ 768.125 did not create cause of action against social host…quot;private function"). Although section 768.125 generally protects from liability for injury or