CopyCited 1837 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 15669
See Arthur W. Campbell, The Law of Sentencing § 1:2 (2009). The American tradition thus embraced four
CopyCited 521 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 25132
bring this action under the Sherman Act, 15 U.S.C. § 1, 2, and the Clayton Act, 15 U.S.C. §§ 15, 18, 19,
CopyCited 327 times | Published | Court of Appeals for the Eleventh Circuit | 15 I.E.R. Cas. (BNA) 1181, 45 Fed. R. Serv. 3d 1251, 1999 U.S. App. LEXIS 27986, 1999 WL 982404
Jan Winters. See Charlotte County (Fla.) Code § 1-2-80(H).9 Winters assigned Forgey the task of filling
CopyCited 258 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 22682603
one of the Sherman Antitrust Act, 15 U.S.C. § 1 2 , when it entered into settlement agreements
CopyCited 128 times | Published | Supreme Court of Florida | 2000 WL 193226
by the Governor under s.
922.06. Fla. S.B. 10-A, § 1-2 (2000). Governor Bush signed the bill on January
CopyCited 128 times | Published | Court of Appeals for the Eleventh Circuit | 2015 A.M.C. 2525, 98 Fed. R. Serv. 81, 2015 U.S. App. LEXIS 13541
habitability, and maintenance purposes.” ASTM F1166-07 at § 1.2. The district court abused its discretion.
CopyCited 77 times | Published | Supreme Court of Florida | 2000 WL 1260014
Constitution: (1) proposal by Legislature, section 1; (2) revision commission, section 2; (3) initiative
CopyCited 57 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 11078, 2008 WL 2151267
Constitution: 1) the Non-Delegation Doctrine, Art. I, § 1; 2) the ex post facto clause, Art. I, § 9, cl. 3;
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit
...y drop a defendant from the case without obtaining a Rule 21 order if the defendant has not responded to the original complaint with an answer. See generally 3 Moore's Federal Practice, §§ 15.10, 15.11 (3d ed.1997); 4 Moore's Federal Practice, § 21.02[b] (3d ed.1997) (discussing the interrelationship of Rules 15 and 21 of the Federal Rules of Civil Procedure)....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit
of the laws." U.S. Const. amend. XIV, § 1. 2 Reeves v. Wilkes, Civ. Action
CopyCited 46 times | Published | Florida 3rd District Court of Appeal
without due process of law ..." U.S.Const. amend. XIV § 1 [2] "The right of the people to be secure in their
CopyCited 45 times | Published | Court of Appeals for the Eleventh Circuit | 30 Employee Benefits Cas. (BNA) 1943, 2003 U.S. App. LEXIS 12477, 2003 WL 21403477
...They point to the definitions section of the Agreement and Declaration of Trust, which states that “[t]he terms Tension Fund’ or ‘Fund’ shall mean all property of every kind held or acquired under the provisions of this instrument.” R2-44, Ex. 2, Ex. A at § 1.02 (emphasis added). According to the Halls, unpaid contributions, because they are unpaid, are not yet “held” or “acquired” by the Fund, and therefore cannot be assets of the fund. We cannot accept the full extent of the Halls’ interpretation of § 1.02....
...ictionary 24 (7th ed.1999). Thus, even property which has not yet formally been transferred to the Plan’s physical control, but which the Plan owns or controls in a contractual sense by virtue of the Agreement, has been “acquired” by the Plan. Section 1.02 is not conclusive of the Plan’s treatment of unpaid employer contributions....
CopyCited 45 times | Published | Supreme Court of Florida
1 at 63; and Fla.Laws 1868, Ch. 1637, Subch. 3, § 1, 2 at 63. [6] Fla.Laws 1892, Ch. 2377-94 at 773-76
CopyCited 44 times | Published | Supreme Court of Florida | 2006 WL 20584
duty to provide education under article IX, section 1. 2. The Constitution Revision Commission The majority
CopyCited 40 times | Published | Supreme Court of Florida
either parent. NOTES [1] U.S.Const. Amend. XIV, § 1. [2] Art. I, § 2, Fla. Const. [3] Art. I, § 21, Fla
CopyCited 39 times | Published | Supreme Court of Florida | 2005 WL 1580639
subsidiary or affiliated system companies of [CSX]." Id. § 1.2. In the indemnification provision, KUA specifically
CopyCited 38 times | Published | Supreme Court of Florida | 126 Fla. 251, 1936 Fla. LEXIS 1449
provided for by Section 5108 C.G.L., Chapter 11854, Section 1, 2, Acts 1927, if no petition for rehearing has
CopyCited 35 times | Published | Florida 3rd District Court of Appeal
certain others in equity. See, e.g., 1 Dobbs § 1.2, at 11; id., § 4.1(1), at 556; id.
CopyCited 29 times | Published | Supreme Court of Florida | 1990 WL 141444
as a court within the meaning of article V, section 1.[2] 1A Nichols' The Law of Eminent Domain § 4.104
CopyCited 29 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 665, 2011 Fla. LEXIS 2764, 2011 WL 5864830
for this agreement appear to be provided in section 1.2 of the Limitation of Liability. The benefit for
CopyCited 28 times | Published | Florida 3rd District Court of Appeal
...not enacted in compliance with Florida Statute
166.041. Dade County contends that Section
166.041 provides a minimum standard to be followed by municipalities when enacting ordinances and it is therefore inapplicable. Dade County also maintains that Section
1.02 in its own Charter constitutes its controlling procedural requirements....
CopyCited 27 times | Published | Supreme Court of Florida | 2008 WL 4381126
...[10] We recognize that the littoral rights to access, use, and view are different from so-called "true easements" in that littoral rights are incidental to littoral ownership and do not require a separate act of creation. See Jon W. Bruce, The Law of Easements and Licenses in Land § 1.02 (1995)....
CopyCited 26 times | Published | Florida 1st District Court of Appeal | 1998 WL 85601
scientific sophistication on the part of judges." Id. at § 1-2.3. "Whereas Frye require[s] judges to survey the
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 2269, 2007 WL 286258
.... . the Stockholder shall
vote (or cause to be voted) the Shares and the Other
Securities [in Xpedite] in favor of the Merger [with
Premiere]. . . .
***
SECTION 1.02 IRREVOCABLE PROXY....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16695
...Town of Monticello,
159 Fla. 134,
31 So.2d 905 (1947). To a large extent, the language of the charter of the municipality or, as in this case, the county, determines what action may be taken by resolution and what must be done by ordinance. The Dade County, Florida, Charter §
1.02(A) provides: The Board shall ......
CopyCited 24 times | Published | Supreme Court of Florida
...re charter. In conclusion, appellant points out that it does not question the power of Dade County under the metropolitan charter to repeal any part of the city charter, but it contends that such repeal must be accomplished in the manner provided by Section 1.02(b), Metropolitan Charter, and Section 16, Article III of the Constitution, none of which has been complied with....
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 1997 WL 24244
crime in many jurisdictions. 2 C.J.S. Adultery § 1-2 (1972). Society was *1385 so scornful of bringing
CopyCited 24 times | Published | Florida 3rd District Court of Appeal
...aforementioned instruction amounted to a "negligence per se" charge. The Miami Beach Fire Code is one paragraph which adopts the Dade County Fire Prevention and Safety Code (hereinafter referred to as the Code). The pertinent portion of said Code is Section 1.02(1) which provides that: "The provisions of this Code shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this Code shall be permitted to continue where the excepti...
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
...d for in the county's ordinance, and averred that the action of the Commission was denial of the special permits which the plaintiff had requested. See footnote 2. The defendants averred their regulation of such businesses was under subsection 12 of section 1.02(A) of the Dade County Home Rule Charter, conferring authority to "Establish, co-ordinate, and enforce zoning and such regulations as are necessary for the protection of the public," and subsection 16 of that section of the charter, empow...
CopyCited 20 times | Published | Florida 2nd District Court of Appeal
surrounding circumstances. 27 C.J.S. Disorderly Conduct § 1(2). In 4 Fla.Jur. 597, Breach of the Peace and Related
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1990 WL 52319
Stat. (Supp. 1984) (corresponds to Ch. 84-41, § 1(2), Laws of Fla.). It is undisputed that Mr. Dignam
CopyCited 19 times | Published | Supreme Court of Florida
definition of what material is obscene found in § 1(2) of Ch. 73-120, Laws of Florida, 1973, is sufficient
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 11527
1 and 2 of the Sherman Antitrust Act (15 U.S.C. § 1, 2). Moreover, Cable Holdings alleged that the merger
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 1995 WL 385753
...The trial bench needs a concise outline to assist it in: (1) addressing the necessary issues, (2) announcing the necessary conclusions of law with supporting findings of fact, and (3) providing the defendant the appropriate advice. See generally Bench Book for United States District Judges § 1.02-2 to -5 (3d ed....
...Caution should be used in denying the right to represent one's self on the defendant's failure to pass an informal bar exam. These questions may, however, be helpful in convincing a defendant that self-representation could be a mistake. Additional questions can be located in the Bench Book for United States District Judges, § 1.02-2 to -5 (3d ed....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
declaratory rulings. See 47 C.F.R. § 1.2 (a) ("The Commission may ... issue
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 23 Wage & Hour Cas. (BNA) 998
rule was patterned essentially after 29 C.F.R. § 1.2(a) (1977), which in turn implements the Davis Bacon
CopyCited 15 times | Published | Supreme Court of Florida | 2004 WL 351171
presumption of impairment to .08 percent. See ch. 93-124, § 1-2, 4, Laws of Fla. [8] DUI and DUBAL were originally
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 61 Communications Reg. (P&F) 309, 2014 U.S. App. LEXIS 18554, 2014 WL 4802457
express consent exception. See 47 C.F.R. § 1.2(a) (“The Commission may, in accordance with section
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 105 U.S.P.Q. 2d (BNA) 1345, 2012 U.S. App. LEXIS 26049, 2012 WL 6629202
McCarthy on Trademarks & Unfair Competition § 1:2 (4th ed. 2012). On the other hand, it creates a
CopyCited 14 times | Published | District Court, M.D. Florida | 80 L.R.R.M. (BNA) 2286, 16 Fed. R. Serv. 2d 972, 1972 U.S. Dist. LEXIS 14070
reference. The present controversy centers around Section #1(2) of the written contract: 1(2). It is further
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 16598, 2009 WL 2150900
should be held vicariously liable under 17 C.F.R. § 1.2 for Gibraltar Monetary Corporation, Inc.'s ("GMC")
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2006 WL 3751489
became effective July 1, 2002. See Ch. 2002-77, § 1-2, at 908-09, Laws of Fla. The primary purpose of
CopyCited 12 times | Published | Supreme Court of Florida | 127 Fla. 280
provided for by Section 5108 C.G.L., Chapter 11854, Section 1, 2, Acts 1927, if no petition for rehearing has
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 7861
insufficient to support a conviction under 18 U.S.C.App. § 1?02(a)(1). 3 He argues that the evidence
CopyCited 12 times | Published | Supreme Court of Florida | 2000 WL 44045
57.081,
57.085, Fla. Stat. (1999); ch. 96-106, § 1, 2, at 93-95. Quite importantly, these amendments
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1988 WL 26257
undetected. J. Carr, The Law of Electronic Surveillance § 1.2(b) (2d ed. 1987). "[E]lectronic surveillance is
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2004 WL 1196895
became effective July 1, 2002. See Ch.2002-77, § 1-2 at 908-09, Laws of Fla. The primary purpose of section
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
373, enacted by the 1974 Legislature, Ch. 74-114, § 1(2), Laws of Florida, provided for creation of Regional
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
relating to the operation of the Nursing Home." Section 1.2 of Article II provides that Southeastern's staff
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1999 WL 461922
[1] See Art. I, § 1; Art. II, § 1; Art. III, § 1. [2] Art. I, § 10, Fla. Const.; Art. I, § 9, Art.
CopyCited 8 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 16919, 1991 WL 247170
...limited time to authors and inventors the exclusive right to their respective writings and discoveries. It is from this clause that the federal authority to enact copyright and patent legislation is derived. 1 Melville B. Nimmer, Nimmer on Copyright § 1.02 at 1-30 (1991)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
immediately afterward, that it be securely closed. See § 1.2.10.11 of the National Fuel Code, adopted by § 17
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2008 WL 2276307
in certain others in equity. See, e.g., 1 Dobbs § 1.2, at 11; id., § 4.1(1), at 556; id., § 4.1(3), at
CopyCited 8 times | Published | Supreme Court of Florida | 2001 WL 81761
57.081,
57.085, Fla. Stat. (1999); ch. 96-106, § 1, 2, at 93-95. The legislative history of these amendments
CopyCited 7 times | Published | District Court, S.D. Florida | 1983 U.S. Dist. LEXIS 12217
liberties. L. Tribe, American Constitutional Law § 1-2, at 3 n. 7 (1978) (relying on 14 The Papers of Thomas
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19992
violation of the Sherman Anti-Trust Act, 15 U.S.C. § 1, 2 (1975), as well as violation of appellant's right
CopyCited 7 times | Published | Florida 1st District Court of Appeal
exceeding ten years. As amended Laws 1957, c. 57-254, § 1."[2] An analysis of the foregoing statute clearly reveals
CopyCited 7 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 212, 1999 Fla. LEXIS 803, 1999 WL 311324
...ed by electric utilities within the county rights-of-way." Thus, Alachua County essentially concedes its argument by failing to contest that there is no nexus between its alleged "reasonable rental charge," Alachua County, Fla. Ordinance *1068 97-12 § 1.02(G) (Aug....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 566, 2009 WL 187584
coercion, or unconscionability.” 1 Domke, supra, § 1:2, at 1-6. The First District has explained: Although
CopyCited 7 times | Published | Supreme Court of Florida | 1969 Fla. LEXIS 2476
decision of the trial court holding invalid Section 1(2) (f) of Chapter 67-521, Laws of Florida, which
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 37 Collier Bankr. Cas. 2d 1048, 10 Fla. L. Weekly Fed. B 227, 1997 Bankr. LEXIS 182, 30 Bankr. Ct. Dec. (CRR) 469
Escrow Account. Trustee's Exhibit C. Pursuant to section 1.2.2 of the APA, the monies deposited by I.T.O.
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1799, 2010 WL 567251
reasonably discoverable by the mortgagee. Ch. 2008-175, § 1-2, at 2034-35, Laws of Fla. Thus, instead of being
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 922
increased to twelve per cent per annum. See ch. 82-42, § 1-2, Laws of Fla. [5] Although the date the trial court
CopyCited 5 times | Published | District Court, S.D. Florida | 100 A.F.T.R.2d (RIA) 7072, 2007 U.S. Dist. LEXIS 94079, 2007 WL 4800642
claim from and after the petition claim. (CP 204 § 1.2). The IRS and Tim Givens Building & Remodeling,
CopyCited 5 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 7912
...[20] Record at 16. [21] Record at 15. [22] Record at 13. [23] 20 C.F.R. Subpart P, App. at 323-38 (1973). The criteria for establishing a mental impairment appear in § 12.00 of the appendix; for epilepsy, in § 11.00; for diabetes, in § 9.08 and for arthritis, in § 1.02....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
necessary to implement the workfare pilot project" and § 1(2)(h) authorizes imposition of sanctions for non-compliance
CopyCited 5 times | Published | Supreme Court of Florida
the Plumbing Code (chapter 36). (Ord.No. 983-67, § 1, 2-13-67.)" "Sec. 27-22. Same Authority of building
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 14644
extinguished by the settlement. ..." Ch. 75-108, § 1(2)(b), (d) (emphasis added). Under § 1(4)(b), enforcement
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 1082472
2d 1200 (1994); 38 Am.Jur.2d, Fright and Shock, § 1, 2.; Comment Restatement of Torts (Second) § 436A
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 1208415, 2017 U.S. App. LEXIS 5739
marriage. 8 C.F.R. § 204.2(a)(l)(ii); see 8 C.F.R. § 1.2 (defining “director” to include -district director)
CopyCited 4 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 11666
the meaning of applicable regulations. 41 C.F.R. § 1-2.404-2(a) (1969). The Court of Appeals held, further
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 5 U.C.C. Rep. Serv. 2d (West) 879, 13 Fla. L. Weekly 774, 1988 Fla. App. LEXIS 1158, 1988 WL 23644
...417, 206 A.2d 49 (1965); White and Summers, Uniform Commercial Code § 22-5 (2d ed. 1980). [10] See Nat'l Surety Co. v. State Nat'l Bank of Frankfort, 454 S.W.2d 354 (Ky. 1970). [11] See McAtee v. U.S. Fidelity & Guar. Co.,
401 F. Supp. 11 (N.D.Fla. 1975); Williams, 1 Florida Law of Secured Transactions in Personal Property, §
1.02 at 53 (1980)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 6588
Stat. 1971, repealed Fla.Laws 1972, ch. 72-1 § 1. [2] Fla. Standard Jury Instr. in Civil Cases, Instr
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 1175682
Am. Jur.2d, Abatement, Survival, and Revival, § 1. [2] Our holding is limited to costs awarded under
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
creditors); see also 1 David G. Epstein et ah, Bankruptcy § 1-2, at 3, § 1-7, at 12 (West 1992) (describing these
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 22662, 2011 WL 5419663
pleadings is affirmed. AFFIRMED. NOTES [1] 15 U.S.C. § 1. [2] We recite the facts in the light most favorable
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 13610, 1999 WL 407022
§ 4, and CFTC Rule 1.2, codified at 17 C.F.R. § 1.2; 2. Wuensch individually with liability for Trinity’s
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 21 Employee Benefits Cas. (BNA) 1625, 1997 U.S. App. LEXIS 20761, 1997 WL 437161
...y drop a defendant from the case without obtaining
a Rule 21 order if the defendant has not responded to the original complaint with an answer. See
generally 3 Moore's Federal Practice, §§ 15.10, 15.11 (3d ed.1997); 4 Moore's Federal Practice,
§ 21.02[5][b] (3d ed.1997) (discussing the interrelationship of Rules 15 and 21 of the Federal
Rules of Civil Procedure)....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1998 WL 207890
8 Ga.Code. Ann. § 1-2-10 (1990). Defendants argue that under § 1-2-10, plaintiffs cannot proceed
CopyCited 2 times | Published | Supreme Court of Florida | 208 N.Y.S.2d 365
services, restaurants serving the general public. Section 1.2 of the ordinance established "performance standards"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 31422852
protection of the laws." U.S. Const. amend. IV, § 1. [2] Title I of the ADA provides that "No covered
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...he properties (of whatever nature), rights, capacities, privileges, powers, franchises and immunities, and be subject to all of the liabilities, obligations and duties of the former governments from and after the effective date of this charter... . "Section 1.02....
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 WL 2164183
and conditions hereof." (Cr. Agr. § 2.1(c)). Section 1.2 states that "hereof . . . shall refer to this
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459775
of the Charter. That section would provide: Section 1.2. Rural Boundary and Rural Area a. There is hereby
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62895
compensation and severance payments contemplated by section 1.2, quoted above. Timmeny moved for summary judgment
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4130
...Considering the foregoing, this Court is satisfied that Newman was a "terminated member" under the Plan and because disability benefits under the Plan were available only to "active members", Newman is not entitled to the relief he seeks. This conclusion is based on the following: Section
1.02 of the Plan, page 3-A, sets forth the classes of members under it. According to §
1.02(a), "active members" are those who are "in service" and who have not reached [their] Normal Retirement Date." "Service" is defined in §
1.02(a), page 3, and in §
1.01(A)(a), page 3-2, as "employment as an employee" with Eli Witt....
...Because the Plaintiff has not worked for the company in more than six years and because he is now only 53 years of age, the Plaintiff is clearly not an "active member" under the Plan. Instead, the Plaintiff is a "terminated member" under the Plan. § 1.02(b) defines a "terminated member" as a former active member who is not in service, who is entitled to non-forfeitable benefits under the Plan, and who has not reached his normal [or early] retirement dates....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
set forth in the PMI Loan. (See PMI Exh. 6 at Section 1.2.) Under the PMI Loan, one method by which the
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 385684
construction and excavation may not occur. Id. at § 1.2. The Board, however, has the discretion to grant
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 45 Collier Bankr. Cas. 2d 980, 14 Fla. L. Weekly Fed. B 159, 2000 Bankr. LEXIS 1641, 37 Bankr. Ct. Dec. (CRR) 74, 2000 WL 33128671
...Class 2 Claims-Allowed Secured Claims-This class consists of the claim of Wisne. III. Class 3 Claims-Allowed Unsecured Claims-This class consists of Old Kings' unliquidated, unsecured claim. IV. Class 4 Interests-This class consists of interests of holders of common stock of Debtor. *41 (Doc. 66.) 32. Section 1.02 of the Plan defines an Allowed Claim with respect to any class as a claim: (i) that has been allowed by a Final Order, (ii) that (x) either is scheduled, other than a Claim that is scheduled as disputed, contingent or unliquidated or (y)...
...ates and defines. Old Kings points out that because the claim is contingent and unliquidated and because Debtor has appealed the Court's Order Overruling Objection to Old King's Amended Proof of Claim, the claim is not an allowed claim as defined by Section 1.02 of the plan....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 1981 Bankr. LEXIS 2429
32 Am.Jur.2d, Factors and Commission Merchants, § 1, 2, 17-23. "The law regulating the transactions of
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
Barrett & Seago, Partners and Partnerships, Ch. 9, § 1.2. The appellant must be considered as having "voluntarily"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 14069
...rsuant to the Charter. . The record shows that although the next regular Board of County Commissioners meeting would have been on May 3, 2016, the item was scheduled on the May 17, 2016 meeting in order to comply with the publication requirements of Section 1.02(B) of the Charter....
CopyCited 1 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 11899
at the definition of obscenity contained in Section 1(2) of the state law: Material is obscene if considered
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1993 WL 407931
enacted by the legislature in 1967. Ch. 67-308, § 1(2)(c), Laws of Fla. Thus, whatever right section 3
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 4517
...in a contest between Swig and a state law attachment creditor that levies on Engine 093 and Swig, the attaching creditor's claim to title would have priority over Swig's claim of title. E. Transfer of Ownership of Engine 093 28. Pursuant to Section 11.02 of the Master Lease, Air Florida was required to promptly notify FSA in writing that Engine 929 had been destroyed and to "replace such Engine as soon as reasonably possible" by duly conveying to the owner of the destroyed engine (Swig) title to a replacement engine free and clear of all liens....
...d at the time (the existence of which we need not address here), Air Florida would have been entitled to retain the insurance proceeds it received with respect to Engine 929, but even then only if it "shall have fully performed the terms of Section 11.02," and in particular, conveyed a replacement engine to Swig....
...Air Florida's duty to convey title to a replacement engine for Engine 929 is a duty to sell goods to Swig in exchange for valuable consideration (the insurance proceeds received by Air Florida and the other rights generally of Air Florida under the User Lease). 31. The Court holds that Sections 11.02 and 12.03(B) of the Master Lease clearly evidence the general intent of the parties that Air Florida must convey title to a replacement engine as quickly as possible when a leased engine is destroyed and that if Air Florida promptly notifies FSA...
...r to the commencement on July 3, 1984 of Air Florida's Chapter 11 case and that in any event Air Florida is estopped by its conduct from asserting that title was not so transferred. 32. The Court holds further that, in light of the requirement under Section 1.02 of the Master Lease that title to a replacement engine be transferred free and clear of all liens and encumbrances and in light of the fact that Lockheed Finance Corporation ("Lockheed") is a record lienholder and Heleasco is a record le...
...1½ years and that it ought to be deemed to have transferred title to it to Swig. However, the Court holds that when Engine 880 was damaged, it did not suffer an "Event of Loss" as defined in Section 1.12 of the Master Lease and as used in Section 11.02 thereof, and therefore Section 11.02 with respect to replacing engines did not apply....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3054154
effective on Tuesday, July 6. See Miami City Code § 1-2 (stating rules for computation of time). The fact
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 10705, 2011 WL 2084069
separation of powers in Article II, § 8 and Article V, § 1; (2) the right to trial by jury under Article I, §
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 908200, 2017 U.S. App. LEXIS 4080
Park Service later responded that under 36 C.F.R. § 1.2(a)(3), ownership of the marshlands makes no difference
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 164, 43 Collier Bankr. Cas. 2d 1834, 2000 Bankr. LEXIS 378, 2000 WL 390416
...In support of this proposition the Disbursing Agent relies on the Order of Confirmation of the Joint Plan which, according to the Disbursing Agent, operates as a complete bar of any and all claims of Textron. The particular provisions of the Joint Plan relied on by the Disbursing Agent provides: *527 Pursuant to Article I, section 1.02, the Textron Claim is defined as follows: The RH Class 9 Claim and the RHP Class 5 Claim of Textron against each of Roger Harloff and Harloff Packing, as joint and several obligors, under the Textron Loan documents, which Claim is (I) in...
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933
guarantee in article II, section 3 and article V, section 1; (2) the right to trial by jury under article I
CopyCited 1 times | Published | Supreme Court of Florida | 103 Fla. 1204
in question stopped under the provisions of Section 1 (2) of the act; (c) that this Court acquired jurisdiction
CopyCited 1 times | Published | Supreme Court of Florida | 140 So. 817
in question stopped under the provisions of Section 1 (2) of the act; (c) that this Court acquired jurisdiction
CopyCited 1 times | Published | District Court, M.D. Florida | 1982 U.S. Dist. LEXIS 12029
and Magneto, Inc. in violation of Sherman Act Section 1. (2) Plaintiff was terminated as an ASD pursuant
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
rental or lease basis for limited periods of time.” § 1.2 (emphasis added). Generally speaking, therefore
CopyPublished | Florida 4th District Court of Appeal
Count II, Wells Fargo argued that, pursuant to section 1.2(a) of the Guaranty, Simon was liable for PBM’s
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5090
as authorized by Florida law. (Ord.No. C-2010, § 1, 2-18-64)” The similar state statute provides: “F
CopyPublished | Court of Appeals for the Eleventh Circuit
see also 1 David G. Epstein et al., Bankruptcy § 1-2, at 3, § 1-7, at 12 (West 1992) (describing these
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
2011.See s. 2, Ch. 2011-109, Laws of Fla. 3 Section 1(2)(a), Ch. 2011-109, Laws of Fla. 4 See s. 1, Ch
CopyPublished | Florida 3rd District Court of Appeal
...the signatures.”
3
The record shows that although the next regular Board of County Commissioners
meeting would have been on May 3, 2016, the item was scheduled on the May 17,
2016 meeting in order to comply with the publication requirements of Section
1.02(B) of the Charter.
4
This Court takes judicial notice of the video of the May 17, 2016 Board meeting
(http://miamidade.gov/wps/portal/Main/webcasting).
5
The 120-day period expired on August 26, 2016.
6
The Supervisor of Elections...
CopyPublished | Supreme Court of Florida | 1970 Fla. LEXIS 2480
election 1970. Laws of Florida (1970) Ch. 70-80, § 1(2), requires the resignation of the holder of an *250office
CopyPublished | Florida 1st District Court of Appeal
action. Cf. 1 W. LAFAVE, SUBSTANTIVE CRIMINAL LAW § 1.2(c) (2d ed. 2003) (observing that “many crimes are
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4930
...y provided therein is more than the minimum penalty provided in the state law governing such an offense. We hold appellant’s contentions are without merit and affirm. The ordinance is valid under the requirements of title and notice, as set out in § 1.02(b) of the Metro Charter....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14746
Padovano, Florida Appellate Practice, § 1:2 (2016 ed.) (acknowledging the appellate court’s
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16130, 2009 WL 3485968
...enforced to regulate the various land use categories in the Plan. Specifically, the Development Code provides: "This Land Development Code is enacted pursuant to the requirements and authority of Section
163.3202, Florida Statutes. . . ." Dev. Code §
1.02....
CopyPublished | Florida 1st District Court of Appeal
Philip J. Padovano, Florida Appellate Practice, § 1:2 (2015 ed.) (acknowledging the appellate court’s
CopyPublished | Court of Appeals for the Eleventh Circuit
Jan Winters. See Charlotte County (Fla.) Code § 1-2- 80(11).9 Winters assigned Forgey the task of filling
CopyPublished | Court of Appeals for the Eleventh Circuit
Jan Winters. See Charlotte County (Fla.) Code § 1-2-80(11).9 Winters assigned Forgey the task of filling
CopyPublished | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 19346, 1991 WL 220606
...On each individual construction project, the department must also suggest what types of race-conscious measures, if any, should be utilized on the project in light of the number and types of Black-owned firms likely to be available to participate in the project. § 1.02....
CopyPublished | Florida 1st District Court of Appeal | 1965 Fla. App. LEXIS 3748
* * * As stated in [8] Am.Jur., Boundaries, Section
1.02, page 819: ‘The object of a resurvey is to furnish
CopyPublished | Court of Appeals for the Eleventh Circuit
Lowenfels, Bromberg & Lowenfels on Securities Fraud § 1:2 (2d ed.). USCA11 Case: 17-15003 Date Filed:
CopyPublished | District Court, S.D. Florida
the assignee must be approved by the Client" (id. § 1.2), here referring to FHCP. B. Plaintiff Lacks Standing
CopyPublished | Court of Appeals for the Eleventh Circuit
issued in 2005. 1 15 U.S.C. § 1. 2 We recite the facts in the light most
CopyPublished | United States Bankruptcy Court, M.D. Florida
Id. at 1301. Doc. 157, Ex. C (MSA Annex C § 1.2). Doc. 157, Ex. C (MSA at Annex C, § 1). This
CopyPublished | Court of Appeals for the Eleventh Circuit
separation of powers in Article II, § 3 and Article V, § 1; (2) the
CopyPublished | Florida 3rd District Court of Appeal
Legislature amended section
776.032(4). See Ch. 2017-72, § 1-2, Laws of Fla. As amended, the statute now provides
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
In 1976 the city adopted a home rule charter. Section
1.02, Art. I of the new charter provides that all
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 118, 2016 Fla. LEXIS 630, 2016 WL 1163361
the case individually.” Newberg on Class Actions § 1:2 (5th ed.); see also 67A C.J.S. Parties § 23 (“The
CopyPublished | Court of Appeals for the Eleventh Circuit
regulations” in certain circumstances. 25 C.F.R. § 1.2. But of course, the Settlement Act is a statute—not
CopyPublished | Florida 4th District Court of Appeal
of another.’” Id. (RESTATEMENT (THIRD) OF PROP. § 1.2 cmt. a. (AM. LAW INST. 2000)). Upland owners
CopyPublished | Court of Appeals for the Eleventh Circuit
that the county’s ordinance conflicts with Section 1.2 The majority is also correct in noting that
CopyPublished | Court of Appeals for the Eleventh Circuit
that the county’s ordinance conflicts with Section 1.2 The majority is also correct in noting that
CopyPublished | Supreme Court of Florida
of such certificate or permit.” Ch. 2012-247, § 1(2), Laws of Fla. And it said that, subject to PTC
CopyPublished | Court of Appeals for the Eleventh Circuit
§ 4, and CFTC Rule 1.2, codified at 17 C.F.R. § 1.2; 2. Wuensch individually with liability
CopyPublished | Court of Appeals for the Eleventh Circuit
§ 4, and CFTC Rule 1.2, codified at 17 C.F.R. § 1.2; 2. Wuensch individually with liability
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
the total millage shall not exceed 1 mill." Section 1(2)(b), Art. V, Ch. 87-498, Laws of Florida, states:
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5408
require or authorize him to collect public money”. Section 1(2) of the 1957 Act, now F.S. §
219.01(2), F.S.A
CopyPublished | Court of Appeals for the Eleventh Circuit
” U.S. Const. amend. XIV, § 1. 2 protection claims constitute
CopyPublished | Court of Appeals for the Eleventh Circuit
See Arthur W. Campbell, The Law of Sentencing § 1:2 (2009). The American tradition thus embraced four
CopyPublished | Florida 1st District Court of Appeal
establishing entitlement to immunity. See Ch. 2017-72, § 1-2, Laws of Fla. Now, once a defendant makes a prima
CopyPublished | District Court, N.D. Florida | 2011 WL 2784238
monument must submit an application to the Board. Id. § 1.2. As a condition for approval, Commissioners may
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
"State Requirements for Educational Facilities." Section 1.2(46) of the publication defines "Impact or Service
CopyPublished | Supreme Court of Florida | 1961 Fla. LEXIS 2014
...ard purposed to purchase as an item of cost, retire the Kinzie ferry franchise and to construct the bridge and causeway over the same or substantially the same area. Appellee says that the Kinzie agreement does no more than implement Chapter 159 and Section 1.02(E) of the resolution, which was authorized by the resolution in that cost includes “the acquisition of land or interests therein or any other properties deemed necessary or convenient for the project.” From a reading of the resolutio...
...led. Section
159.03(4), Florida Statutes, F.S.A., authorized this purchase. The Baynard agreement was another effort on the part of the Board to implement the resolution and thereby take care of other elements of cost of the project. Chapter 159 and Section
1.02(E) of the resolution in terms provide that the Board may undertake “such other expenses as may be necessary or incident to the financing * * * ” It accordingly appears that the Baynard agreement should be read in the light of Section
159.02(13) and Section
1.02(E) of the resolution, both of which have to do with "costs” and cover many factors....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
with procedures set forth in Chapter 2001-01, section 1(2), Laws of Florida. 3. When showing autopsy photographs
CopyPublished | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 23595
...2 Upon a proper procession through the sequential evaluation, it is this Court’s conclusion that Plaintiff has sustained her burden of establishing a disability. Specifically, Plaintiff’s impairment is a listed impairment falling within the purview of 20 C.F.R. Section 404 Appendix 1 section 1.02 and 10.04. Those sections state: 1.02 Active rheumatoid arthritis and other inflammatory arthritis With both A and B A....
...142). None of the foregoing medical evidence is rebutted in the record. It is clear to this Court that whether Plaintiffs disease is established to be rheumatoid arthritis or systemic lupus erythmatosis, Plaintiffs impairments fall within both sections 1.02 and 10.04 of Appendix 1....
CopyPublished | Court of Appeals for the Eleventh Circuit
movement in the history of the United States.” Id. at § 1(2). 2 So significant to the Civil
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
) Section 1(5), Ch. 81-405, Laws of Florida. Section 1(2) of the act recognizes that "the property comprising
CopyPublished | Supreme Court of Florida
(3rd ed.) § 17, 71; Joyce on Law of Nuisances, § 1, 2, 368; Graves v. Shattuck, 35 N. H. 257, 69 Am.
CopyPublished | Supreme Court of Florida
Hicks & Bro.; description of property, parts of section, 1, 2, 9, Brooklyn, valuation, 800, 20.00 aid.” Neither
CopyPublished | Florida 3rd District Court of Appeal | 1967 Fla. App. LEXIS 5332
variance from Ordinance No. 6871, Article XXVII, Section 1 (2) to permit relocation of liquor license from
CopyPublished | District Court, M.D. Florida | 1997 WL 117683
recommendation of the Pardon Attorney. According to Section 1-2.108 of the United States Attorneys Manual, “[t]he
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6884
...for in the county’s ordinance, and averred that the action of the Commission was denial of the special permits which the plaintiff had requested. See footnote 2. The defendants averred their regulation of such businesses was under subsection 12 of section 1.02(A) of the Dade County Home Rule Charter, conferring authority to “Establish, co-ordinate, and enforce zoning and such regulations as are necessary for the protection of the public,” and subsection 16 of that section of the charter, e...
CopyPublished | Florida 3rd District Court of Appeal
merely directory.” Miami-Dade County, Fla., Code § 1-2(h) (2021); see also Fla. Tallow Corp. v. Bryan
CopyPublished | Florida 3rd District Court of Appeal
rental or lease basis for limited periods of time.” § 1.2 (emphasis added). Generally speaking, therefore
CopyPublished | Florida 3rd District Court of Appeal
...nvened a Special Council Meeting
and passed Resolution No. 2021-18, initiating conflict resolution proceedings
against the County. See generally §
164.1052, Fla. Stat. (2021). Resolution
No. 2021-18 determined that the Bridge Resolution violated section
1.02 of
the Miami-Dade Charter, which provides that funds may only be appropriated
by ordinance, and the County used the COVID Ordinance to improperly
circumvent traditional notice requirements for a nonemergency matter.
On March 12...
...indebtedness (other than
refunding indebtedness), or which provides a penalty or
establishes a rule or regulation for the violation of which a penalty
is imposed shall be by ordinance.
Miami-Dade County, Fla., Code Part 1, Art. 1, § 1.02(A) (2020) (emphasis
added). Unlike resolutions, ordinances require published notice. Id. at
§ 1.02(B); see also Miami-Dade County, Fla., Code Part I, Citizens’ Bill of
Rights § (A)(6) (2020)....
...The Board was authorized by both statute and Charter
to adopt an ordinance amending the fiscal year 2020–2021 budget.
§
129.06(2), Fla. Stat. (“The board at any time within a fiscal year may amend
a budget for that year . . . .”); Miami-Dade County, Fla., Code Part 1, Art. 1,
§
1.02(A) (2020); see also id....
CopyPublished | Florida 1st District Court of Appeal
overcome a defendant’s claim of immunity. Ch. 2017-72, § 1-2, Laws of Fla. Now, after the defendant makes a prime
CopyPublished | Court of Appeals for the Eleventh Circuit
McCarthy on Trademarks & Unfair Competition § 1:2 (4th ed. 2012). On the other hand, it creates a
CopyPublished | Court of Appeals for the Eleventh Circuit
be illegal.” 15 U.S.C. § 1. 2 distributors and by engaging
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1800
...h office during the [two-year] term of the Mayor so appointing him, and until his successor shall be duly appointed, confirmed and qualified; provided he shall not sooner be removed or suspended under the provisions of the Ordinances of the City.” Section 1.02, Code, City of Lake Wales-....
...repealed, amended or modified by the municipality which is hereby created,” this provision did not have the effect of carrying forward into the new law the invalid ordinance under which Cooper was appointed “chief of police” on June 17, 1952. Section 1.02, Code, City of Lake Wales....
CopyPublished | Florida 4th District Court of Appeal
the bill into law on June 9, 2017. Ch. 2017-72, § 1-2, Laws of Fla. The amendment shifted the burden
CopyPublished | Court of Appeals for the Eleventh Circuit
violation of § 1 of the Sherman Act, 15 U.S.C. § 1; (2) conspiracy to monopolize, in violation of § 2
CopyPublished | Court of Appeals for the Eleventh Circuit
...the amended complaint simply replicated the allegations and
prayers for relief contained in the original complaint. For
example, as before, Count I was titled “Failure to Provide
Practice, §§ 15.10, 15.11 (3d ed. 1997); 4 Moore’s Federal
Practice, § 21.02[5][b] (3d ed....
CopyPublished | Court of Appeals for the Eleventh Circuit
in the best interest of the Indians.” 25 C.F.R. § 1.2. On January 16, 1981, the Department took title
CopyPublished | Court of Appeals for the Eleventh Circuit | 2012 U.S. App. LEXIS 17158
§ 1101 (a)(20); accord 8 C.F.R. § 1.2. 2 . This area of the law is plagued
CopyPublished | Court of Appeals for the Eleventh Circuit
laws.” 8 U.S.C. § 1101(a)(20); accord 8 C.F.R. § 1.2. 2 This area of the law is plagued
CopyPublished | Court of Appeals for the Eleventh Circuit
this state. Ga. Code. Ann. § 1-2-10 (1990). Defendants argue that under § 1-2-10, plaintiffs cannot proceed