CopyCited 872 times | Published | Supreme Court of Florida | 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238
...stered without sale, denial or delay." [3] See, e.g., Whitten v. Progressive Casualty Insurance Co.,
410 So.2d 501 (Fla. 1982); Sunbeam Enterprises, Inc. v. Upthegrove,
316 So.2d 34 (Fla. 1975); Codomo v. Emmanuel,
91 So.2d 653 (Fla. 1956). See also section
2.01, Florida Statutes (1983), which provides: The common and statute laws of England which are of a general and not of a local nature ......
CopyCited 724 times | Published | Supreme Court of Florida | 78 A.L.R. 3d 321
...In view of the fact that prior to Butterfield contributory negligence was a matter of judicial thought rather than judicial pronouncement, it cannot be said that the common law was "clear and free from doubt," so as to make it a part of the statute law of this State by virtue of Fla. Stat., § 2.01, F.S.A....
...fourth day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state." Florida Statutes, Section 2.01, F.S.A. The doctrine of contributory negligence was a part of the common law of England prior to July 4, 1776, and therefore, is part of the common law of this state pursuant to Florida Statutes, Section 2.01, F.S.A., and is secure from the desires of this Court to supplant it by the doctrine of comparative negligence, provided that it is not inconsistent with the Constitution and laws of the United States and the Constitution and acts of the Legislature of this state....
...and Lord Ellenborough in Forrester were merely a restatement of the concept of common law contributory negligence. If this case was the origin of common law contributory negligence, then clearly it would not have been adopted as part of the statutory law of this state through Florida Statutes, Section 2.01, F.S.A., because that decision was rendered subsequent to July 4, 1776....
...ied the existing law required to the facts of the case before him. He observed, "The law, in cases at least where human life is concerned, certainly needs legislative revision." (Emphasis supplied)
21 Fla. 700, p. 738. By virtue of Florida Statutes, Section
2.01, contributory negligence is in force and said doctrine can be modified or replaced only by legislation to the contrary....
CopyCited 419 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 13245
denial to the City Council." Article III, Section 2.1(D) (1986) 4 The
CopyCited 339 times | Published | Supreme Court of Florida
This category of law changes was adapted from Section 2.1(a)(vi) of the ABA Standards Relating to Post-Conviction
CopyCited 253 times | Published | Court of Appeals for the Eleventh Circuit
rulings in section 1, and the other rulings in section 2. 1. We review the district court's evidentiary
CopyCited 211 times | Published | Court of Appeals for the Eleventh Circuit | 13 Fed. R. Serv. 3d 1302, 1989 U.S. App. LEXIS 1767, 1989 WL 6270
house state prisoners in its facilities); 8 C.F.R. § 2.1 (the authority of the Attorney General to enforce
CopyCited 196 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 14407, 2006 WL 1623279
administration.” Erwin Chemerinsky, Federal Jurisdiction § 2.1, at 44. First, “the plaintiffs complaint [must]
CopyCited 178 times | Published | Court of Appeals for the Eleventh Circuit | 215 U.S.P.Q. (BNA) 745, 1982 U.S. App. LEXIS 25928
...992 ,
91 S.Ct. 459 ,
27 L.Ed.2d 441 (1971). Accord Kamar International, Inc. v. Russ Berrie & Co.,
657 F.2d 1059 , 1061 (9th Cir. 1981); Durham Industries, Inc. v. Tomy Corp.,
630 F.2d 905, 908-11 (2d Cir. 1980). See generally 1 M. Nimmer, Copyright §
2.01 (1981)....
CopyCited 166 times | Published | Supreme Court of Florida | 55 U.S.L.W. 2608
...[W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 165 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 30784
U.S.C. §§ 952(a) and 960(a)(1) and 18 U.S.C. § 2. 1 The district court subsequently granted
CopyCited 163 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 465, 2001 Fla. LEXIS 1401, 2001 WL 776662
...1997) ("Summary judgments present a classic example of the type of decisions that are subject to the de novo standard of review."). [5] See generally §
95.11, Fla. Stat. (1993). [6] See generally Welles Kahn Co. v. Klein,
81 Fla. 524,
88 So. 315 (1921) (on rehearing). [7] Id. [8] Section
2.01, Florida Statutes (1991), provides in full:
2.01 Common law and certain statutes declared in force.The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in...
CopyCited 158 times | Published | Supreme Court of Florida
...We hold, therefore, that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 135 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 3286, 2009 WL 399990
public highways. Act of May 25, 2001, Ch.2001-299, § 2(1). The Commission denied Leib's request on the ground
CopyCited 126 times | Published | Supreme Court of Florida
...d from has a two-fold bottom, to-wit: vagueness and obsolescence. Before embarking upon a discussion of the theories advanced by the lower court in support of its order, some preliminary remarks are deemed appropriate. The legislative antecedents of Section 2.01, Florida Statutes, expressly made the common law of England a part of the law of this jurisdiction....
...See 6 F.L.P., Criminal Law, § 30." [18] The foregoing cases we have discussed are representative of those instances wherein appellate courts have had occasion to rely upon the common law as adopted and made a part of the law of this jurisdiction by Sections
2.01 and
775.01....
CopyCited 125 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 3d 819, 1991 U.S. App. LEXIS 26049
...ion over the subject matter of the suit, and over a named defendant who is a collective representative of the class, makes possible an award that will operate to spread the costs proportionately among class members. 8 H. Newberg, Attorney Fee Awards § 2.01 at 28-29 (1986)....
CopyCited 109 times | Published | Supreme Court of Florida
...Consortium means much more than mere sexual relation and consists, also, of that affection, solace, comfort, companionship, conjugal life, fellowship, society and assistance so necessary to a successful marriage. Lithgow v. Hamilton,
69 So.2d 776 (Fla. 1954). As discussed in Ripley v. Ewell, supra , Fla. Stat. §
2.01, F.S.A., adopts the common law of England....
CopyCited 99 times | Published | Supreme Court of Florida | 2005 WL 977017
Standards Relating to Post-Conviction Remedies § 2.1 cmt. at 37 (Approv. Draft 1968)); see also State
CopyCited 90 times | Published | Supreme Court of Florida | 9 Envtl. L. Rep. (Envtl. Law Inst.) 20
applications to alter fresh water wetlands. Section 2-1-21 requires anyone who would alter the character
CopyCited 86 times | Published | Supreme Court of Florida
...1973), in which we held: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...740,
50 L.Ed.2d 753 (1977); Sunspan Eng'r & Const. Co. v. Spring-Lock Scaffolding Co.,
310 So.2d 4 (Fla. 1975); Scholastic Systems, Inc. v. LeLoup,
307 So.2d 166 (Fla. 1974); Kluger v. White,
281 So.2d 1 (Fla. 1973); Flood v. State ex rel. Homeland Co.,
95 Fla. 1003,
117 So. 385 (1928). [4] §
2.01, Fla. Stat. (1975), provided that "[t]he common and statute laws of England which are of a general and not a local nature ... down to the 4th day of July, 1776, are declared to be of force in this state... ." The common law principles as adopted by section
2.01, however, have not been confined as of 1776, but have been held to be "designed for application to new conditions and circumstances." State ex rel....
CopyCited 84 times | Published | Supreme Court of Florida | 1991 WL 94287
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 26381, 2009 WL 4429519
...this subsection to impose liability for false statements that actually cause the
government to pay amounts it does not owe. See United States ex rel. Schmidt v.
Zimmer, Inc.,
386 F.3d 235, 242 (3d Cir. 2004) (citing 1 John T. Boese, Civil False
Claims and Qui Tam Actions §
2.01[B], at 2-20 (2d ed....
CopyCited 73 times | Published | Supreme Court of Florida | 2000 WL 373760
Justice, Standards Relating to Pleas of Guilty § 2.1 (1968)); see also Fla. R.Crim. P. 3.172(i) ("Failure
CopyCited 67 times | Published | Supreme Court of Florida | 157 Fla. 445, 165 A.L.R. 967, 1946 Fla. LEXIS 762, 18 L.R.R.M. (BNA) 2169
grievances of any kind relating to employment." See Section 2 (1). By section 3, Union employees are given "the
CopyCited 67 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4729
...where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 66 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 8584, 2008 WL 1775001
agreement regarding their dispute." Unif. Mediation Act § 2(1). Simply stated, mediation does not resolve a dispute
CopyCited 63 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 14191, 2006 WL 1567244
the Zoning Board of Appeals, 2005 Sign Ordinance § 2-1(B). Tanner's complaint that the 1998 Sign Ordinance
CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 15247, 1991 WL 114779
violation of 21 U.S. C.A. § 959 and 18 U.S.C.A. § 2. 1 Appellant was given two consecutive fifteen-year
CopyCited 55 times | Published | Supreme Court of Florida | 2003 WL 21546546
...incompetent patient's right to decline medical treatment if the patient expressed that intention while competent). [56] See Jones,
640 So.2d at 1092 (showing no members of the Court joining in Justice Kogan's concurring opinion). [57] See generally §
2.01, Fla....
CopyCited 55 times | Published | Supreme Court of Florida | 1993 WL 502594
...In Kluger, we held that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...y to result in injury to another. Glaab v. Caudill,
236 So.2d 180 (Fla. 2d DCA 1970). [4] Appellants state, in requesting relief, that it is unclear from Kluger as to whether one must look to the common law as it existed on July 4, 1776, pursuant to section
2.01 of the Florida Statutes or whether one must look to the common law as it existed as of November 5, 1968, the date the 1968 Constitution was adopted....
CopyCited 54 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2904
...Courts should avoid a construction which places in conflict statutes which cover the same general field. Howarth v. City of Deland,
117 Fla. 692,
158 So. 294 (1934). The law favors a rational, sensible construction. Realty Bond & Share Co. v. Englar,
104 Fla. 329,
143 So. 152 (1932). Section
2.01, Boca Raton City Charter, provides: Powers....
CopyCited 53 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 208974
...ction over the subject matter of the suit, and over a named defendant who is a collective representative of the class, makes possible an award that will operate to spread the costs proportionately among class members. H. Newberg, Attorney Fee Awards § 2.01 at 28-29 (1986)....
CopyCited 52 times | Published | Supreme Court of Florida
...where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such a right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 51 times | Published | Supreme Court of Florida | 1971 Fla. LEXIS 3290
...sonalty sufficiently proved the existence of the doctrine so as to warrant inclusion of it in our jurisprudence. We adhere to this decision today. Having recognized the doctrine as extant under the common law adopted by this State through Fla. Stat. § 2.01, F.S.A....
CopyCited 49 times | Published | Supreme Court of Florida | 1995 WL 555298
greatest possible protection. See, e.g., Ch. 89-100, § 2(1), Laws of Fla. (enacting section
775.0823) ("[L]aw
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 23356, 1993 WL 325276
Commissioner of the INS. 8 U.S.C. § 1103(a), (b); 8 C.F.R. § 2.1. Immigration Judges conduct hearings on show cause
CopyCited 47 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1795
...own to the fourth day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state." F.S.A. § 2.01....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 43 U.S.P.Q. 2d (BNA) 1065, 1997 U.S. App. LEXIS 13649, 1997 WL 308837
...It is not, however among the more troublesome questions of degree inherent in copyright law, as the line to be drawn includes almost any independent effort on the side of sufficient originality. 60 Melville B. Nimmer and David Nimmer, Nimmer on Copyright § 2.01[B], at 2-13 (1996). And 61 [O]riginality for copyright purposes amounts to ... little more than a prohibition of actual copying. 62 Nimmer, § 2.01B[, p....
CopyCited 46 times | Published | Supreme Court of Florida
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...at 4 (emphasis ours). [10] There was no statutory right to recover for a municipality's negligence predating the adoption of the declaration of rights contained in the Florida constitution nor was there a cause of action at common law as of July 4, 1776, adopted under section 2.01, Florida Statutes....
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public necessity for the abolishment of such right, and no alternative method of meeting such public necessity can be shown. [3] Contrary to the assertion of the majority, there was a cause of action at common law as of July 4, 1776 which was adopted under section 2.01, Florida Statutes (1979)....
...An additional distinction between Duke Power Company and the *389 present case is that there is no federal counterpart to Florida's guarantee of access to the courts. [6] Kluger v. White held this section was violated when a common law right of action adopted under section 2.01, Florida Statutes, was abolished without fulfillment of the requirements discussed above....
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
...shall be comprised of all monies received and held by the Trustees from employer contributions ..., all income from investments made and held by the Trustees, ... or any other property received and held or receivable by the Trustees for the uses and purposes set forth in this Agreement. R2-44, Ex. 2, Ex. A at § 2.01 (emphasis added). The argument is that because the unpaid contributions are receivable, and because property that is receivable is property of the Fund, unpaid contributions properly are considered assets of the Fund. 4 *1015 The Halls assert that § 2.01 does not itself make unpaid employer contributions assets of the Fund. In the Halls’ view, three distinct types of property are made assets of the Fund by virtue of § 2.01 :(1) “all monies received and held by the Trustees from employer contributions”; (2) “all income from investments made and held by the Trustees,” and (3) “any other property received or held or receivable by the Trustees for the uses and purposes set forth in this Agreement”. R2-44, Ex. 2, Ex. A at § 2.01 (emphasis added)....
...licable third category. In contrast, the Fund argues that the third category is a catch-all provision. According to the Fund, “all other property” means all property not made an asset by the first two categories. Both of these interpretations of § 2.01 are credible....
...Preservation of the purposes of ERISA does not require that we *1016 ambush corporate officers with stringent fiduciary duties and personal liability based on convoluted contractual language that requires a court to parse and interpret. We do not have before us any evidence regarding the intent of the parties as to § 2.01, given the district court’s limited ruling on summary judgment based solely on the language of the Agreement. Therefore, we must remand to allow the district court to supervise such discovery or argument necessary to discern the intent of the parties as to § 2.01....
...parties, then the district court was correct to enter summary judgment for the Halls. Therefore, we VACATE the district court’s grant of summary judgment and REMAND for the purpose of allowing discovery and argument of the parties’ intent as to § 2.01 of the Agreement, and for the resolution of this case under the principles explained in this opinion....
...hat case the effect of contrary plan language, which, as we have stated supra, is the exception to the rule. . That is to say, whatever passes for physical possession of funds in this age of largely paperless transfers of currency. . The language of section 2.01, if we were to accept the Fund’s interpretation, makes receivable property an asset of the Fund....
CopyCited 42 times | Published | Florida 4th District Court of Appeal
...1963,
150 So.2d 231. [4] Article V, Section 6(6), Constitution of Florida. [5] F.S.A. §
27.02. [6] F.S.A. §
27.03. [7] F.S.A. § 932.17. [8] Section 10, Declaration of Rights, Constitution of Florida. [9] F.S.A. §
905.16. [10] F.S.A. § 90.11. [11] F.S.A. §
2.01 specifically adopts the common and statute laws of England not inconsistent with the Constitution and laws of the United States and the laws of this state....
CopyCited 41 times | Published | Supreme Court of Florida | 26 I.E.R. Cas. (BNA) 1343, 32 Fla. L. Weekly Supp. 635, 2007 Fla. LEXIS 1902
...f legislative intent is contrary to the judiciary's proper function in our form of government. It is contrary to the principle this Court recognized over twenty-five years ago, when it said: As a general rule, that part of the common law codified by section 2.01 should be changed through legislative enactment and not by judicial decision. Only in very few instances and with great hesitation has this Court modified or abrogated any part of the common law enacted by section 2.01, and then only where there was a compelling need for change and the reason for the law no longer existed....
CopyCited 40 times | Published | Florida 1st District Court of Appeal
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 39 times | Published | Supreme Court of Florida | 2005 WL 1580639
...prudence for centuries and is based on the principle that "the King can do no wrong." The doctrine was a part of the English common law when the State of Florida was founded and has been adopted and codified by the Florida Legislature. See generally § 2.01, Fla....
CopyCited 38 times | Published | Supreme Court of Florida
..., an adversary tort contest between spouses will have an upsetting effect on domestic tranquility. Originally a part of the common law of England, interspousal tort immunity was adopted into the law of Florida in 1829 by the enactment of what is now section
2.01, Florida Statutes (1977). [1] Corren v. Corren,
47 So.2d 774 (Fla. 1950). As a general rule, that part of the common law codified by section
2.01 should be changed through legislative enactment and not by judicial decision. *354 Only in very few instances and with great hesitation has this Court modified or abrogated any part of the common law enacted by section
2.01, and then only where there was a compelling need for change and the reason for the law no longer existed....
...1967) and Corren v. Corren,
47 So.2d 774 (Fla. 1950) should be overruled and the doctrine of interspousal tort immunity should be abrogated so as to permit a married person to sue his or her spouse for any torts committed by the marital partner. NOTES [1] Section
2.01, Florida Statutes (1977), provides: Common law and certain statutes declared in force....
CopyCited 34 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 2086
...For the reasons we have stated, we hold that the lower court erred in granting the motion for summary judgment and in entering final judgment for the appellees. Having determined that the cause should have been submitted to a jury, we now pass to the question of venue. Section 2.01, F.S.A., provides that the common and statute laws of England of a general nature down to July 4, 1776 not inconsistent with the constitution and laws of the United States or of this State are in force....
CopyCited 34 times | Published | Supreme Court of Florida | 2001 WL 359630
...ss for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla.Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 33 times | Published | Supreme Court of Florida | 1993 WL 152668
...This Court held that: [w]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 35 Media L. Rep. (BNA) 2289, 2007 U.S. App. LEXIS 14817
Files” System of Records 32 indicates (at § 2.1), “[i]ndividu-als always have the right not to apply
CopyCited 32 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 52, 27 Media L. Rep. (BNA) 1353, 1999 Fla. LEXIS 48, 1999 WL 20562
the debts or other obligations of the lessee. Section 2. (1) The Legislature finds that it is a public necessity
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1986 A.M.C. 1, 1985 U.S. App. LEXIS 21852
(2d ed. 1975). . Act of Sept. 29, 1789, ch. 21, § 2, 1 Stat. 93. . Unlike common law, the history of
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 5537, 1989 WL 33642
Sellers was tried as a principal under 18 U.S.C.A. § 2. 1 This section does not make aiding and abetting
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 10 Fed. R. Serv. 1446, 1982 U.S. App. LEXIS 19223
violation of 21 U.S.C. §§ 841(a)(1) and 18 U.S.C. § 2. 1 In this appeal, Thomas asserts several
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 16465, 2006 WL 1791401
Official” before a sign is erected or altered. Id. § 2.1. Anyone seeking a permit must submit an application
CopyCited 30 times | Published | Florida 4th District Court of Appeal
...II, Chapter 17, Section 5) specifically provides that "in all actions personal, real or mixed, the death of either party between the verdict and the judgment shall not hereafter be alleged for error ...". That statute is of force in this state by virtue of Section 2.01, F.S., but the power of the court to enter judgments nunc pro tunc does not depend upon this statute....
CopyCited 27 times | Published | Florida 3rd District Court of Appeal
the plea agreement ABA STANDARDS, PLEAS OF GUILTY § 2.1 (Approved Draft, 1968). The prosecutor may find
CopyCited 27 times | Published | Supreme Court of Florida | 1997 WL 674215
...313, 167 S.E.2d 366, 370 (1969) (noting that the criminal laws were designed for "the protection of ... pregnant females"). [6] The common law that was in effect on July 4, 1776, continues to be the law of Florida to the extent that it is consistent with the constitutions and statutory laws of the United States and Florida: 2.01 Common law and certain statutes declared in force.The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state. § 2.01, Fla....
...Under the current statutory scheme, the State Attorney for Pinellas County cannot prosecute the teenager in the present case, Kawana Ashley, for either murder or manslaughter. Sections
782.04 and
782.07 contain no indication whatsoever that the legislature intended to modify the common law principles adopted in section
2.01 by eliminating the immunity of the pregnant woman....
CopyCited 27 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 9301
"investment contracts" within the meaning of Section 2(1) of the Securities Act of 1933.[2] The classic
CopyCited 27 times | Published | Florida 5th District Court of Appeal | 1994 WL 277906
...Farish,
292 F.2d 620 (5th Cir.1961)). The Van Hoose court concluded that: Fla. Stat. §
83.08, F.S.A. does not provide or confirm in the landlord a self-executing possessory lien; and that the promulgation of statutory distress under said Chapter 83, viewed in the light of Fla. Stat. §
2.01, F.S.A., effectively superseded common law distress at least in cases where abandonment by the tenant is not clearly evident....
...Sun Banks, Inc.,
570 So.2d 955 (Fla. 5th DCA 1990), disapproved of on other grounds, State v. Lucas,
600 So.2d 1093 (Fla. 1992). The allegations contained in Seymour's complaint appear sufficient to state a claim for civil theft under section
772.11 based on a violation of section 81
2.014, Florida Statutes (1989)....
CopyCited 27 times | Published | Supreme Court of Florida | 1999 WL 424384
...ognized in Florida is a question of first impression. This State has adopted the common law of England as it existed on July 4, 1776, to the extent that it is not inconsistent with the statutes and constitutions of Florida and the United States. See § 2.01, Fla....
CopyCited 25 times | Published | District Court, S.D. Florida | 2 SEC Jud. Dec. 435, 1941 U.S. Dist. LEXIS 2495
contracts" and hence "securities" as defined by § 2(1) of the Securities Act of 1933, 15 U.S.C.A. 77b(1)
CopyCited 25 times | Published | Supreme Court of Florida
...The respondents' "sovereignty-lands" argument fails for another reason. In 1819, the territorial legislature of Florida adopted a statute declaring the common law of England to be of force in Florida. The statute, in modified form but unchanged as to substance, is still in effect and is now codified as section 2.01, Florida Statutes (1985), and provides as follows: The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of f...
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 22763
...the land) 7 years but 20 years of a particular adverse use is required to acquire a prescriptive right? As of July 4, 1776, the effective date of the adoption of the general common and statute laws of England as the law of the State of Florida (see § 2.01, Fla....
CopyCited 24 times | Published | Supreme Court of Florida
...So the only question here is whether the plaintiffs' action is barred by the quoted provision of our Wrongful Death Act. The rule that a husband is immune from liability for torts committed by him against his wife came down to us from the common law, as adopted in this state in 1829, Section 2.01, Fla....
CopyCited 24 times | Published | Supreme Court of Florida
...[3] See 5 Wigmore, Evidence, § 1476 nn. 5 & 8 (Chadbourn rev. 1974). [4] 11 Cl. & F. 85, 8 Eng.Rep. 1034 (1844). The date of this decision is significant because Florida has adopted the common law of England only "down to the 4th day of July, 1776." Section 2.01, Florida Statutes (1975)....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 154 Oil & Gas Rep. 318, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20383, 53 ERC (BNA) 1711, 2001 U.S. App. LEXIS 27066, 2001 WL 1643528
(1998 Draft), appearing at LEAF Comments, Exh. C § 2.1. Second, EPA determined that a finding that hydraulic
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 91569
the denial to the City Council.” Article III, Section 2.1(D) (1986). .The complaint also alleged an equal
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 1997 WL 228566
“is compensated, in whole or in part, from fees.” § 2(1). Under compensation plan “A,” the county would
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 15984, 2010 WL 2998747
government." Erwin Chemerinsky, Federal Jurisdiction § 2.1, at 45 (5th ed.2007). As former Judge Robert Bork
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1195
...him." *160 I find nothing in the Florida Statutes evincing any legislative intent to absolve a parent or one standing in loco parentis from guilt for the commission of a simple battery upon a child placed in his or her care. Florida has by statute, Section 2.01, Florida Statutes, adopted the common law rule of England which was in existence as of July 4, 1776....
CopyCited 22 times | Published | Supreme Court of Florida | 1989 WL 23391
...We stated: [W]here a right of access to the courts for redress for a particularly injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit
purchaser agreement is a security as defined by section 2(1) of the Securities Act of 1933 and section 3(a)(10)
CopyCited 21 times | Published | Supreme Court of Florida
...Sys., Inc. v. New Oji Paper Co.,
752 So.2d 582, 583 (Fla.2000) ("A trial court's ruling on a motion to dismiss based on a question of law is subject to de novo review."). [4] See Glassman v. Glassman, 309 N.Y. 436, 131 N.E.2d 721 (1956). [5] See generally §
2.01, Fla....
...at all. Id. at 423. [17] This subdivision was subsequently renumbered to be section
768.28(13). See §
768.28(13), Fla. Stat. (1995). [18] The Florida Legislature's adoption of the common law as it existed prior to Florida's statehood is codified in section
2.01, Florida Statutes (1993)....
CopyCited 21 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 8072
Offered or Sold with No Registration Statement 1. Section 2(1) of the Securities Act defines a "security" as
CopyCited 21 times | Published | District Court, S.D. Florida | 1963 U.S. Dist. LEXIS 8094
10b-5. [6] In fact there could be none since Section 2(1) of the Securities Act of 1933, 15 U.S.C. § 77b(1)
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 18717, 100 Empl. Prac. Dec. (CCH) 45, 661, 129 Fair Empl. Prac. Cas. (BNA) 1105, 26 Fla. L. Weekly Fed. C 883
[and] political subdivisions.” Pub. L. No. 92-261, § 2(1), 86 Stat. 103-113 (1972) (alteration supplied)
CopyCited 20 times | Published | Supreme Court of Florida | 1981 Fla. LEXIS 2807
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 32 I.E.R. Cas. (BNA) 994, 2011 A.M.C. 1819, 2011 U.S. App. LEXIS 15658, 2011 WL 3207771
cmt. e. [14] See Restatement (Second) of Agency § 2(1) (defining a "master," that is, an employer); see
CopyCited 19 times | Published | District Court, M.D. Florida | 1992 U.S. Dist. LEXIS 14565, 1992 WL 237386
...Gem, which "guarantees the obligations of Buyer hereunder." The Court notes pursuant to the Assets Purchase Agreement the governing law will be that of New York. Paragraph 2 of the Assets Purchase Agreement states: Section 2. Assumption of Liabilities. 2.01 Assumed Liabilities....
...his Agreement (except to the extent they are otherwise excluded hereunder) (collectively, the "Assumed Liabilities"). [Asset Purchase Agreement at pp. 5-6. Emphasis added.] 2.03 Retained Liabilities. All liabilities of the Division not assumed under Section 2.01 of this Agreement (collectively, the "Retained Liabilities") are not to be assumed by Buyer and shall be paid or performed by the Seller....
CopyCited 19 times | Published | Supreme Court of Florida
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 19 times | Published | Supreme Court of Florida
...e of the whole blood; but, if all are of the half blood, they shall have whole portions.' "After the admission of the State of Florida into the Union of the United States of America in 1845, there was enacted a statute in this state now appearing as Section 2.01 which declared the common law and statute laws of England *6 to be of full force and effect in this state in the following language: "`2.01 Common law and certain statutes declared in force....
...njoying the same rights as legitimate next of kin of the same class in violation of Section 1 of the fourteenth amendment to the Constitution of the United States and the Constitution of the State of Florida. "The common law of England as adopted by Section 2.01, Florida Statutes, [F.S.A.] cannot come into force for we have Section 731.23, Florida Statutes, [F.S.A.] providing how real and personal property of an intestate shall descend and be distributed without regard to the legitimacy or illegitimacy of the next of kin therein referred to....
CopyCited 19 times | Published | Supreme Court of Florida | 1999 WL 1211589
Austin W. Scott, Jr., Substantive Criminal Law § 2.1 at 90 (1986), DUI manslaughter is strictly a creature
CopyCited 19 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1076
...This situation is the foundation for the sole question here, whether the wife may recover from her husband for negligent injury to her person. Counsel for appellant has faithfully traced the history of the development of married women's rights since the enactment in 1829 of what now appears as Section 2.01, Florida Statutes, 1941, and F.S.A., declaring the common and statute laws of England, in effect July 4, 1776, to be in force in this state where consistent with the Constitution and laws of the United States and the acts of the legislat...
...against a person who was alleged to have injured her while serving as the agent of another should be abated upon her marriage to the one causing the injury. We interpret this decision as holding in effect that at that time the common law adopted by Section 2.01, supra, had not been so altered that a woman could sue her husband, or rather, continue a suit against a person who, subsequent to the alleged injury and the institution of the suit, had become her husband....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524
...eir value at the time of the verdict, in cases where there was no wrongful taking. However, even before the Declaration of Independence by the American colonies on July 4, 1776 (the date as of which Florida has adopted the common law of England, see § 2.01, Fla....
...See Annotation: Waiver of tort and recovery in assumpsit for conversion as dependent on or affected by sale of the goods by the converter, 97 A.L.R. 251 (1935). [2] This must be contrasted with property that can be the subject of theft under Florida's omnibus theft statute (§ 812.014, Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 197, 2005 Fla. LEXIS 593, 2005 WL 729173
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 18 times | Published | Supreme Court of Florida
...1973), where we held that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 17 times | Published | Supreme Court of Florida
...common law prohibition against actions between former husbands and wives for intentional torts committed by one upon the other during coverture, due to subsequent modifying provisions of our Federal and State constitutions and state laws. See: F.S. Section 2.01, F.S.A., which provides in part that the "common law [shall] be not inconsistent with the constitution and laws of the United States and the acts of this state." Section 4 of the Declaration of Rights of the Florida Constitution provides...
CopyCited 17 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 45702, 2006 WL 2423784
...permits an award of fees where the court's jurisdiction over the subject matter of the suit and the defendant "make[s] possible an award that will operate to spread costs proportionately among class members")(quoting H. Newberg, Attorney Fee Awards, §
2.01 at 28-29 (1986)); In re Everglades Air Disaster,
549 F.2d 1006, 1017-18 (5th Cir.1977)(affirming then District Judge Fay's order applying the "common fund" doctrine which provided for payment of fixed percentage of anticipated claim proceeds as fees)....
CopyCited 17 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 9882, 1993 WL 105397
park regulations requiring a permit. See 36 C.F.R. § 2.1. One month later, Plaintiff filed a Motion for Preliminary
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit
contract and therefore a security as defined in section 2(1) of the Securities Act of 1933, 15 U.S.C. Sec
CopyCited 16 times | Published | Supreme Court of Florida
...he United States Constitution rejecting the application of either the Younger or Pullman abstention doctrines to this case. The court also certified the questions being presented to this Court. We answer the first question certified in the negative. Section 2.01 of the Florida Statutes (1981) declares that the common and statute laws of England which are of a general nature, down to July 4, 1776, are in force in this state....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1999 WL 72206
...the Attorney General's own participation, does not create any common law right in an assistant state attorney to represent the state in an appellate court without the express authorization of the Attorney General. While Mr. Raft correctly notes that section 2.01 adopts the common law in Florida, he conspicuously fails to add that the same statute also contains a proviso that the common law so adopted is "not inconsistent" with "the acts of the Legislature of this state." § 2.01, Fla....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
violation of 21 U.S.C. § 952(a) and 18 U.S.C. § 2(1). She was convicted in the U.S. District Court
CopyCited 16 times | Published | Supreme Court of Florida | 1991 WL 111442
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 16 times | Published | Supreme Court of Florida | 93 P.U.R.3d 401
...to the fourth day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state. " See F.S. § 2.01, F.S.A....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 9461
of members to the County Commission violates section 2).1 The government contends that a single-member
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2013 U.S. App. LEXIS 715, 2013 WL 104984
limitation, when read together with language from section 2.1, which provides that “[JPMorgan] agrees to pay
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 18205, 2002 WL 31769176
...The supreme court held that: where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 17871, 2011 WL 3760891
Appeals Board" are still applicable. See 28 C.F.R. § 2.1(c),(e). Instead of having separate Regional Commissioners
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2004 WL 1877369
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 14 times | Published | Supreme Court of Florida
...restraint * * * in all respects as fully as if she were unmarried.' She has and may exercise `all rights and powers with respect to her separate property * * * to the same extent and in like manner as if she were unmarried.' "Despite the mandate of § 2.01, Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1966 Fla. App. LEXIS 5420
...for the employer to invoke the said statute in bar of an employee's action or suit. The doctrine of estoppel is firmly established in the jurisprudence of Florida. This doctrine is a part of the common law which was adopted by statute in this state (Section 2.01, Florida Statutes, F.S: A.), and its operation is consistent with our Constitution and statutes....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 29991
to distribute it, 21 U.S.C. § 841, 18 U.S.C. § 2. 1 The court set a sentencing hearing two
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...that the natural parent may not inherit from his natural child who has been adopted. [1] *805 The right of adoption was unknown at common law and exists only by statute. In re Palmer's Adoption, 1937,
129 Fla. 630,
176 So. 537, 538. Under Fla. Stat. §
2.01, F.S.A....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62853
...It was also required that they be moved against promptly, otherwise the right would be lost." Dickinson v. Raichl,
120 Fla. 907, 912,
163 So. 217, 219 (1935). [2] Common law principles remain in force in Florida except to the extent modified or repealed by statute. See §
2.01, Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...that where a right of access to the courts for redress for a particular injury has been provided by statutory law pre-dating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the state pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries unless the Legislature can show an overpowering public neces...
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 10188, 2011 WL 2555637
...City of Jacksonville,
403 So.2d 379, 385 (Fla.1981) (stating that “[tjhere was no statutory right to recover for a municipality’s negligence predating the adoption of the declaration of rights contained in the Florida constitution nor was there a cause of action at common law as of July 4, 1776, adopted under section
2.01, Florida Statutes”)....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...courts for redress of a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights in the Florida Constitution, or where such right has become a part of the common law of the state pursuant to Fla. Stat. § 2.01....
CopyCited 14 times | Published | Supreme Court of Florida
...Unless the act granting the divorce contained a provision for alimony, there was none. See Clark, supra. Thus it is that there was no common-law power in the courts to grant alimony. It is a creature of statute when sought as an incident to divorce a vinculo. Nolen v. Nolen,
121 Fla. 130,
163 So. 401 (1935). When Fla. Stat. §
2.01, F.S.A....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 215 U.S.P.Q. (BNA) 745
...992 ,
91 S.Ct. 459 ,
27 L.Ed.2d 441 (1971). Accord Kamar International, Inc. v. Russ Berrie & Co.,
657 F.2d 1059, 1061 (9th Cir. 1981); Durham Industries, Inc. v. Tomy Corp.,
630 F.2d 905, 908-11 (2d Cir. 1980). See generally 1M. Nimmer, Copyright §
2.01 (1981)....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 21041
violation of 21 U.S.C. § 955a and 18 U.S.C. § 2. 1 We affirm. On December 10, 1980 the
CopyCited 13 times | Published | Supreme Court of Florida | 2005 WL 2296638
This category of law changes was adapted from Section 2.1(a)(vi) of the ABA Standards Relating to Post-Conviction
CopyCited 13 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 209, 1994 Fla. LEXIS 581, 1994 WL 137879
...For a principle of law to be governed by the common law in Florida, that principle must have existed as part of the common and statutory law of England on July 4, 1776, and must not be inconsistent with the constitution and laws of the United States or the acts of the legislature of this State. See § 2.01, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1990 WL 62012
...The easement thus established by the evidence is an easement appurtenant since it was created to benefit the owner of the dominant estate and did in fact help the owner in his physical use of the land. See Bruce and Ely, "The Law of Easements and Licenses in Land" § 2.01 (1988)....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
"investment contract" as that term is used in section 2(1), Securities Act of 1933, as amended by section
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 80 A.L.R. 2d 261
...687, that proof of the defendant's handwriting by witnesses acquainted with it, was at last allowed again in a criminal trial. *201 It was the status of the common law of England on July 4, 1776, prior to the decision in the De La Motte's Case, which has been adopted by statute as the law of Florida. Section 2.01, Florida Statutes, F.S.A....
...pable knowledge of handwriting to express an opinion of the authorship of a disputed writing. That rule prevailed prior to July 4, 1776, and was in effect in 1794 when the decision was rendered in the cited Horne Tooke's Case, 25 How.St.Tr. 1. Under Section 2.01, Florida Statutes, F.S.A., the common and statute laws of England of a general nature in force on July 4, 1776, were declared to be of force in this state if not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 992
...a particular injury has been provided by *571 statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 11 times | Published | District Court, S.D. Florida | 18 Media L. Rep. (BNA) 1433, 1990 U.S. Dist. LEXIS 13957, 1990 WL 156846
inescapable that the asserted justification for section 2.1-37.13 is very closely related to the content
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 9710, 1995 WL 544154
...See Doe, 518 N.W.2d at 365. *391 In the absence of any statutory law on this point, Florida courts are required to follow the common-law rule. Cate v. Oldham,
450 So.2d 224, 225 (Fla. 1984); Velazquez v. State,
648 So.2d 302, 303 (Fla. 5th DCA 1995); §
2.01, Fla....
CopyCited 11 times | Published | District Court, N.D. Florida | 1997 U.S. Dist. LEXIS 4043, 1997 WL 154619
...te (the data in precinct 1 is less conclusive because there is not as strong a correlation between the number of votes Mr. Jennings received, as compared to the percentage of blacks in that precinct). Turnout in the second primary was also high, at 72.01 percent of registered voters....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...neral rule of legislative prerogative applied by the Court in Raisen to continue spousal immunity: Originally a part of the common law of England, interspousal tort immunity was adopted into the law of Florida in 1829 by the enactment of what is now section
2.01, Florida Statutes (1977). Corren v. Corren,
47 So.2d 774 (Fla. 1950). As a general rule, that part of the common law codified by section
2.01 should be changed through legislative enactment and not by judicial decision. Only in very few instances and with great hesitation has this Court modified or abrogated any part of the common law enacted by section
2.01, and then only where there was a compelling need for change and the reason for the law no longer existed....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...epends on whether a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights, or whether that right has become a part of Florida's common law pursuant to section 2.01, Florida Statutes....
CopyCited 11 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 433
...Petitioner asserts that this Court should abrogate the doctrine, arguing that the reasons supporting interspousal immunity are no longer valid and that recent Florida case law reflects a trend away from the doctrine. Although interspousal immunity is a rule of common law adopted by section 2.01, Florida Statutes (1981), petitioner argues that this Court should use its power to abrogate the doctrine....
...Therefore that decision should not be interpreted as receding from prior decisions of this Court. Ard, Woods, and Hill all dealt with situations that are distinguishable from this case. Further, this Court will not abrogate any part of the common law enacted by section 2.01 unless there is a compelling need for a change and the reason for the law no longer exists....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit
Regulations defines "securities" by reference to section 2(1) of the Securities Act of 1933, 15 U.S.C. Sec
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 95 A.L.R. 2d 1246
...f the bequest to him. Thus was accomplished the purpose of saving the will by purging the witness' share in order to make him competent. This is how the law stood in England on July 4, 1776 which, by adoption, later became law in Florida. Fla. Stat. § 2.01 F.S.A.; Redfearn on Wills and Administrations of Estates in Florida, § 75....
CopyCited 10 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122
Cal. Const, art. XXI, § 2(d)(2).; Colo.Rev.Stat. § 2-1-102(1 )(a)(II); 10 Ill. Comp. Stat. 120/5-5(a),
CopyCited 10 times | Published | Supreme Court of Florida
...In Kluger, we held that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Florida Constitution, or where such right has become a part of the common law of the state pursuant to section 2.01, Florida Statutes, the legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the state to redress for injuries, unless the legislature can show an overpower...
CopyCited 10 times | Published | Supreme Court of Florida
...as specific and only narrowly applicable: "It does not extend in any way to releases involving joint and several obligors."
344 So.2d at 1283. This Court has traditionally been highly cautious concerning abrogation or modification of the common law. Section
2.01, Florida Statutes (1975), provides: The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state. Concerning the operation of section
2.01, we recently said: As a general rule, that part of the common law codified by section
2.01 should be changed through legislative enactment and not by judicial decision. Only in very few instances and with great hesitation has this Court modified or abrogated any part of the common law enacted by section
2.01, and then only where there was a compelling need for change and the reason for the law no longer existed....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 519, 2012 WL 126858
...own permission,... was a part of the English common law when the State of Florida was founded and has been adopted and codified by the Florida Legislature." Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.,
908 So.2d 459, 471 (Fla.2005) (citing §
2.01, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033
...of the legislative function. In deciding this case I have attempted to avoid those pitfalls and seek by this opinion to express my views regarding the proper role of a court when presented with such a question. At the outset, it should be noted that section 2.01, Florida Statutes (1983), originally enacted in 1829, provides that the general common and statute laws of England in existence on July 4, 1776, are of force in this state, except where inconsistent with our constitutions and statutory laws....
...utmoded" or "anachronistic", they confuse the judicial role with the legislative. To the extent that a common law rule is inconsistent with our constitutions or statutes, it is within the courts' prerogative to declare it not of force in this state. § 2.01, Fla....
...If our courts cannot, by means of imaginative and creative interpretation, find the answers to their questions in the federal and state constitutions and statutory enactments, they may turn to the common laws of England in force on July 4, 1776, as specified in section 2.01, Florida Statutes....
...At common law, a wife could not maintain an action for loss of consortium due to the injury of her husband. [57] Nineteen years before Gates v. Foley , the Florida Supreme Court had been faced with the question of whether this common law rule was binding in the case of Ripley v. Ewell,
61 So.2d 420 (Fla. 1952). It noted that section
2.01, Florida Statutes, preserves the common law "only in those cases where it is `not inconsistent' with acts of the Legislature," [58] but held that the statutes changing the common law in regard to the respective rights, duties and respons...
...aws of the United States or the acts of the Legislative Council. Legislative Notes, Sketch of the Evolution of Florida Law, 3 U.Fla.L.Rev. 74 (1950). In 1829, this enactment was repealed and then substantially reenacted, and remains in effect today. § 2.01, Fla. Stat. (1983). There is an obvious divergence of opinion regarding the role of English law within the American system. I view section 2.01, Florida Statutes, as a codification of certain English laws in existence on July 4, 1776, to the extent necessary to "fill in the gaps" not addressed by our constitutions and legislative acts....
...Prior to statehood, the organic law of the Territory was, of course, the Constitution of the United States. Id. at 75. No rational legal scholar would contend that specific provisions of the Florida Constitution do not control over inherited English common law, yet section 2.01 does not provide for exclusion of common law inconsistent with the Florida Constitution....
...ues to be a "stopgap" measure to which the courts need resort less and less as the legislature has developed, over the intervening 140 years, an increasingly comprehensive body of laws. Once the legislature realizes that the judiciary is able to use section 2.01 to "out-legislate" the legislature, it may amend section 2.01 to make it abundantly clear that we in Florida do not operate under the English common law, subject only to specific legislative changes of that law....
...Ewell, supra, and adopt the civil rule... . We are not advised, and our own research has not divulged the clear, unambiguous pronouncement of the common law in effect 4 July 1776, that would leave us no room but to adopt it in this case under the mandate of Sec. 2.01, supra......
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...No other state has applied curtilage in the manner Florida seeks to treat it. Clearly, if the Legislature desired to expand coverage of the statute pertaining to non-dwelling structures, this court must construe "curtilage" in a manner contrary to its common law meaning. Florida Statutes, Section 2.01 (Supp., 1975) provides that the common laws of England which are of general and not local nature, are in force in this state if not inconsistent with the constitution and laws of the United States and the acts of the state Legislature....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 1172590
...Champerty and Maintenance § 3 (1991) and 14 Am.Jur.2d, supra, § 1). In considering this issue we begin with the proposition that "the common law of England is in effect in Florida except insofar as it is modified or superceded by statute," Wester v. Rigdon,
110 So.2d 470, 472 (Fla. 1st DCA 1959)(citing section
2.01 of the Florida Statutes), [1] or where the reason for the rule of law ceases to exist, or when change is demanded by public necessity or required to vindicate fundamental rights....
...causes of action for malicious prosecution and abuse of process, frivolous litigation statutes, and rules of *1112 professional conduct for attorneys, we affirm the instant dismissal order. AFFIRMED. THOMPSON, C.J., and HARRIS, J., concur. NOTES [1] Section 2.01 of the Florida Statutes (2000) states: "The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in thi...
CopyCited 9 times | Published | Supreme Court of Florida
...529, and also the discussion of this statute in Melton v. Culver, Fla.,
107 So.2d 378. However, escape from lawful confinement is in itself a substantive offense. At common law it was identified as "prison break", and was brought forward as a part of our law by §
2.01, Florida Statutes, F.S.A....
CopyCited 9 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 691, 1992 Fla. LEXIS 1932, 1992 WL 324714
...David A. Stumpf et al., The Infant with Anencephaly, 322 New Eng.J.Med. 669, 669 n.[*] (1990). [7] We have found no English cases prior to July 4, 1776, that established a common law definition of "death" imported into our own common law by operation of section 2.01, Florida Statutes (1991)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Florida law is well established that the right to sue on an inchoate cause of action one that has not yet accrued is not a vested right because no one has a vested right in the common law, which the Legislature may substantively change prospectively. See § 2.01, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2005 WL 1163001
agreement was implicit in the incorporation of section 2.1 of the Purchase Agreement into the Stipulation
CopyCited 9 times | Published | Supreme Court of Florida | 54 A.L.R. 2d 353
...ment to my appointee." [4] The common law of England down to this date is by statute, "declared to be of force in this state" where "not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state." Section 2.01, F.S....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 105517
...defense at common law." Arnolds & Garland, at 290. The authors cite a number of pre-1776 cases involving the necessity defense. Arnolds & Garland, at 291 n. 29. [2] Consequently, we consider that Florida has adopted the necessity defense pursuant to Section 2.01, Florida Statutes (1989), which provides: The common and statute laws of England which are of a general and not a local nature ......
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1995 WL 3017
...une 5, 1992 the alleged criminal activity falls within the ambit of this statute." The trial court erred in so ruling. Chapter 794 of the Florida Statutes fails to define who is "a person less than 12 years of age" under section
794.011(2); however, section
2.01, Florida Statutes (1991), provides that the general common and statute laws of England in existence on July 4, 1776, remain in force in this state unless inconsistent with the Constitution and laws of the United States or with the acts of the Florida legislature....
...The underlying rationale for this rule is that a person is in existence on the day of his birth; thus, he has lived one year and one day on the first anniversary of his birth. See Harris, 21 Cal. Rptr.2d at 390, 855 P.2d at 408 (citing State v. Alley, 594 S.W.2d 381, 382 (Tenn. 1980)). [3] While we conclude that under section 2.01 the common law controls in this case, we note that the modern trend is to adopt what has been described as the more commonsense rule that a person attains a certain age on that person's corresponding birthday....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 16410
[as refugees] of those in need.” Id. § 2.1(4); see also id. § 2.2(1). UNHCR has
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 2908, 2002 WL 340687
agreement and any attached amendments.” (BCBS Policy, § 2.1). On June 11, 1996, the Court entered Final
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
negligence are correctly stated in 65 C.J.S. Negligence § 2(1), which recites: "In every case involving negligence
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1067
...It is unrealistic to suppose that such awards deter other prospective tortfeasors, especially if the criminal laws fail to do so. Nevertheless, we are controlled by Florida law as set forth in its statutes and cases. Florida statutorily has adopted the common law of England as of July 4, 1776. *140 See § 2.01, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 64957
...for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. s 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public necessi...
...e & Lohr, Textual History of the Florida Declaration of Rights, 22 Stetson L.Rev. 549, 634 (1993), the Kluger decision looked to what "was recognized by statute prior to the adoption of the 1968 Constitution of the State of Florida."
281 So.2d at 4. Section
2.01, Florida Statutes, declares certain "common and statute laws of England ......
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...City being in Columbia County, and a motion was filed in Circuit Court to dismiss the complaint because of improper venue, the court sustained the motion to dismiss and Justice Drew, speaking for the court, had this to say, in part [
62 So.2d 734]: "Section
2.01, F.S.A., provides that the common and statute laws of England of a general nature down to July 4, 1776 not inconsistent with the constitution and laws of the United States or of this State are in force....
CopyCited 8 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 24943
...argaining agreement by establishing and subletting out work to Beach Electric Corporation, failing to use union laborers, and not paying wages and fringe benefits as required by the contract. These charges, if true, constitute violations of sections 2.01 and 2.09 of Article II, and section 3.02 of Article III of the prehire contract. Article II, Section 2.01 provides: No member of the International Brotherhood of Electrical Workers, or other employees, subject to employment by employers operating under this agreement, shall himself become an employer for the performance of any electrical work....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Although it is the general custom for a woman to change her name upon marriage to that of the husband, the law does not compel her to do so. The judgment appealed is affirmed. McCORD, J., and SMITH, SAMUEL S., Associate Judge, concur. NOTES [1] Florida Statute 2.01....
CopyCited 8 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1869
...McGill II, who thereby became and still is the absolute owner in fee simple of said property, subject to the mortgage and taxes mentioned in said deed." We hold the decree of the Court sustaining the findings of the Master was entirely correct. See Section 2.01, F.S.A.; Florida Statutes 1941, Vol....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...The parties agree that under the common law a release or discharge of one or more joint tortfeasors was a discharge of all other tortfeasors liable for the same tort and that such principle of law was applicable in Florida until the adoption in 1957 of F.S.
768.041. (See F.S.
2.01; Prosser, Law of Torts, 3rd Ed....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...servation in favor of a stranger to a deed. The common law of England down to the 4th day of July, 1776, is in force in this state unless inconsistent with the constitution and laws of the United States and the acts of the Legislature of this state. § 2.01, Fla....
...take the property from all of appellants' successors in title, forever? That is certainly a logical extension if it is assumed the estoppel can be proved forever. That is not a good result and title examiners will surely agree. NOTES [1] Fla. Stat. § 2.01 (1979)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...to persons adversely affected, is required to enter an appropriate order thereon. Said statute is limited in its application to the situation existing on July 4, 1776, in England (see State ex rel. Sellars v. Parker, 1924,
87 Fla. 181,
100 So. 260; Section
2.01, Florida Statutes, F.S.A.), on which date probate jurisdiction in England was vested in the Courts of Ordinary, with some chancery jurisdiction not relevant to this appeal....
CopyCited 7 times | Published | Supreme Court of Florida
...., as amended. This argument cannot pass muster because (1) our Florida grand jury system is derived from the common law, except as otherwise modified, and (2) the 1968 constitutional revision did not invalidate the grand jury system. See Fla. Stat. § 2.01, F.S.A.; Cotton v....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...apparent. Actual authority “exists
when a principal delegates authority to an agent by expressly authorizing
the agent to do a delegable act.” Richard A. Lord, 12 Williston on Contracts
§ 35:10 (4th ed.); see also Restatement (Third) of Agency § 2.01 (Am....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16218
...The pooling and servicing agreement stated, in pertinent part: “The parties hereto intend to effect an absolute sale and assignment of the Mortgage Loans to the Trustee for the benefit of Certificatehold-ers under this Agreement.” Additionally, section 2.01 of the pooling and servicing agreement, titled “Conveyance of Trust Fund,” stated in pertinent part: (a) The Depositor hereby sells, transfers, assigns, delivers, sets over and otherwise conveys to the Trustee in trust for the benefi...
...s loan. We are not the first Florida court to reassess the possible evidentiary weight of a pooling and servicing agreement. In Deutsche Bank Nat’l Trust Co. v. Marciano,
190 So.3d 166 (Fla. 5th DCA 2016), the Fifth District found that a similar section
2.01 of a pooling and servicing agreement was sufficient to establish that the plaintiff possessed the borrower’s promissory note at the time it filed the foreclosure action....
...The Fifth District reversed. Our sister court concluded that the plaintiff had standing to foreclose, as the pooling and servicing agreement demonstrated that the plaintiff possessed the blank-endorsed note at the time the complaint was filed. Id. at 168 . Section 2.01 of the pooling and servicing agreement provided: The Depositor, as of the Closing Date, and concurrently with the execution and delivery hereof, does hereby assign, transfer, sell, set over and otherwise convey to the Trustee without rec...
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 909
bond is a security as that term is contemplated by § 2(1) of the Securities Act of 1933 and Florida Statutes
CopyCited 7 times | Published | Supreme Court of Florida
...rom interfering with the property. The issue here is whether the State, in its sovereign capacity, has a possessory right or title to the wreck that cannot lawfully be interfered with by the Company. The State contends, in substance, that under Sec. 2.01, Fla....
...THOMAS, HOBSON, THORNAL and O'CONNELL, JJ., concur. DREW, C.J., dissents. TERRELL, J., not participating. DREW, Chief Justice (dissenting). Although there is serious doubt of the applicability of the King's prerogative in wreck or derelicts through Section 2.01 Florida Statutes 1955 [1] , F.S.A., it is not necessary to belabor the point for there are two more specific Florida Statutes to consider Ch....
...716.01, et seq., F.S.A. It is so ordered. TERRELL, C.J., and THOMAS, HOBSON, THORNAL and O'CONNELL, JJ., concur. DREW, J., dissents. NOTES [1] See, Russell v. Forty Bales of Cotton, D.C.S.D.Fla. 1872, 21 Fed.Cas. page 42, No. 12,154; and see, the interpretation of Section 2.01 in Waller v....
CopyCited 7 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 3403, 2002 WL 377133
...ne (the Declarations). On December 18, 2000, Defendant sent a letter to UPARC, requesting that it take no action in moving Plaintiffs into the home. According to the letter, Defendant claimed that UPARC's proposed use of the home was in violation of Section 2.01, and may potentially violate Section 2.25, of the Declarations. Specifically, Section 2.01 states that: The Lots and Buildings shall be used for residential purposes only .......
...Plaintiffs now move for summary judgment on the grounds that there is no dispute that allowing Plaintiffs to reside in the home is a reasonable accommodation under the Fair Housing Act; thus, this Court should declare that Defendant has violated the Act and enjoin Defendant from enforcing Section 2.01 of its Declarations in state court....
...Smith & Lee Associates, Inc. v. City of Taylor,
102 F.3d 781, 790 (6th Cir.1996). Plaintiffs have alleged their claim under the theory that Defendant failed to make a reasonable accommodation for Plaintiffs in it attempt to enforce the restrictions under Section
2.01 of the Declarations....
...onal family and that there is little turnover in the group. Specifically, four of the six Plaintiffs have lived together for the past thirteen years. (Buckley Dep., p. 33). Moreover, there is no evidence on the record to show that failing to enforce Section 2.01 of the Declarations would impose an undue financial burden on the Defendant or undermine the basic purpose of the restriction, namely to maintain the residential nature of the neighborhood....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2014 WL 228639, 2014 Fla. App. LEXIS 535
Standards Relating to Post^Conviction Remedies § 2.1(a)(vi) (Approv. Draft 1968)). In addition, each
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...The argument that permeates the dissent is that the birth mother, as the legal mother under this purported common law rule, has all of the parental rights to the child and the biological mother has none. As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it is clear that these provisions were written to facilitate the issuance of birth certificates and the keeping of vital statistics for public health....
...at 727-29 . The common law does not come from law students and professors who write law review articles, and we hardly think it comes from a decision rendered by a Tennessee court that does nothing more than cite a law review article as the source. Section 2.01, Florida Statutes, cited in the dissent, simply adopts the common law of England down to the 4th day of July, 1776, provided it is not inconsistent with the Constitution and laws of the United States and Florida....
CopyCited 7 times | Published | Supreme Court of Florida | 2013 WL 6570903
in Florida by the terms of another statute. Section
2.01, Florida Statutes (2013), provides that the
CopyCited 7 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 651, 1990 Fla. LEXIS 1726, 1990 WL 207496
...(a) Statement of Purpose. The purpose of this rule is to establish a procedure by which legal needs of the poor in Florida may be determined and satisfied at the circuit level. This rule implements the rights to justice set forth in 11 Hen. 7, c[h]. 12, as adopted by section 2.01, Florida Statutes, the power of judicial assignment as prescribed by rule 4-6.2 of the Code of Professional Responsibility, and the rights to access to the courts, due process, and equal rights guaranteed by the Constitution of Florida....
...and all other officers requisite and necessary to be had and made, which shall do their duties without any reward for their counsels, help, and business in the same... . 11 Hen. 7, ch. 12 (1495) (reprinted in vol. III, Fla. Stat., pp. 51-52 (1941)). Petitioners reason that under section 2.01, Florida Statutes (1989), the common law and statutes of England in effect on July 4, 1776, are in force in Florida unless they are inconsistent with the constitution or laws of this state or of the United States....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1992 WL 213124
...[W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...Shova of "a right of access to the courts for redress for a particular injury [that was] provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right ha[d] become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A." Kluger v....
...isted at any one of several dates. Kluger, however, makes it clear that we are to examine the statutory causes of action existing at the time of the reenactment of the Florida Constitution in 1968. Because Kluger refers to the common law pursuant to section 2.01, Florida Statutes, it is arguable that July 4, 1776, is the correct date upon which to examine the common law....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
contract" and, therefore a "security" as defined by section 2(1) of the Securities Act of 1933[1] and section
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2311
...a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where *308 such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 6 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 727, 2013 WL 5641531, 2013 Fla. LEXIS 2290
subsequent to sentencing that were set forth in section 2.1, Pleas of Guilty, American Bar Association Standards
CopyCited 6 times | Published | Florida 4th District Court of Appeal
21 years to 18 years, the second sentence of Section 2[1] allows the Court to require support beyond 18
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1999 WL 303403
County Land Development Regulations as defined in § 2.1 of the Suwannee County Land Development Regulations
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
dispossession of the owner"); 1 La Fave, Search and Seizure § 2.1 (1978). [3] The thus-overruled holding to this
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 4471, 2012 WL 933060
...dinary meaning denotes a permissive term rather than the mandatory connotation of the word ‘shall.’ ” (citation omitted)). The nature of mortgage foreclosures lends support to this interpretation. Mortgages are “foreclosed in equity.” § 702.01, Fla....
...In North *931 Dakota, the state supreme court has interpreted an anti-deficiency statute into a modified one-action rule. See First State Bank of Cooperstown v. Ihringer, 217 N.W.2d 857, 864 (N.D. 1974) (interpreting anti-deficiency statute into a modified one-ac.tion rule). . Section 2.01, Florida Statutes (2008), provides that the common law of England as of July 4, 1776 is "of force in this state,” provided that it is of a "general and not local nature” and is "not inconsistent with” federal or state constitutions and statutes....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2014 WL 2852971, 2014 Fla. App. LEXIS 9544
...oposed to settle a claim for punitive damages, if any[.] . Florida, which was admitted into the Union by Act of Congress of March 3, 1845, c. 48, 5 Stat. 742 , adopted the "common and statute laws of England ... down to the 4th day of July, 1776,” § 2.01, Fla....
CopyCited 6 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 6926
theory we think Plaintiff has proven a violation of § 2. 1. The Essential Facilities Doctrine To begin with
CopyCited 6 times | Published | District Court, N.D. Florida | 116 L.R.R.M. (BNA) 2172, 1983 U.S. Dist. LEXIS 20016
...King & Spalding,
678 F.2d 1022 (11th Cir.1982); Calderon v. Martin County,
639 F.2d 271 (5th Cir. Unit B 1981). [2] By statute, the common and statute law of England which was in effect prior to July 4, 1776 was expressly adopted in the State of Florida. Fla.Stat. §
2.01.
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...As a part of the common law, this rebuttable presumption has, by statute, been declared to be in force in this State; "provided, the said ... common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state." (F.S. 2.01) Appellant argues that the rebuttable presumption of incapacity is not inconsistent with any statutory or constitutional provision and relies on two appellate decisions of this state directly on point....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 598417, 2013 Fla. App. LEXIS 2509
...ion. I. Factual Allegations In March 2006, the City issued a development order to Riverwalk Freeport, LLC, a developer of real estate within the city limits. The name of the proposed residential development at issue is River-walk Phase I. Article 2, section 2.01.05(I)(2)(d) of the City’s Land Development Code (LDC) expressly provides that a final development order may require a developer to post bond equal to 110% of the costs of the services or facilities that a developer is required to construct for the benefit of the project, as security to ensure completion of the infrastructure. Article 2, section 2.01.05(N)(3)(a) of the LDC states: “The amount of the security listed in the improvement agreement shall be approved as adequate by the Code Enforcement Officer.” In the instant case, security could be fully satisfied-in several ways, including the developer’s posting an irrevocable letter of credit with the City....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 WL 3735157
and in excess of the Bank Loan described in Section 2.1(c) hereof, are needed to carry out the purposes
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 394, 2008 Bankr. LEXIS 1889, 2008 WL 2553308
against any Creditor or other third party." (Plan, § 2.1.1, p. 13). Under these circumstances, the Defendant
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 6058, 2011 WL 1599572
Search & Seizure: A Treatise on the Fourth Amendment § 2.1(c) (4th ed. 2004). In Mr. Nieminski’s case, as will
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1053
...e. The doctrine of municipal immunity had its origin in the case of Russel v. Men of Devon, 2 T.R. 667, 100 Eng.Rep. 359 (1788). The Men of Devon case was decided twelve years after Florida's adoption of the Common Law as it existed on July 4, 1776, Section 2.01, Florida Statutes....
...particular injury has been provided by statutory law predating the adoption of the declaration of rights of the Constitution of the State of Florida, or where such a right has become a part of the common law of the state, pursuant to Florida statute Section 2.01 F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the state to redress for injuries, unless the Legislature can show an overpowering public...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 546313
...Florida is not one of these states. In the absence of a substantive or remedial statute permitting John Doe actions as a method to extend the limitations period, the legislature requires this court to consider whether the English common law permitted such actions on July 4, 1776. § 2.01, Fla....
CopyCited 5 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 14555, 1992 WL 259754
...ority of the votes cast there will be a run-off election at the time of the state second primary election between the two candidates receiving the highest number of votes. Should a tie result, the outcome shall be determined by lot." County Charter, § 2.01(B)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...is not entitled to dower in the subject property, on the grounds of estoppel. It is claimed that she has forfeited her right of dower under Statute of Westminster II, 13 Edward I, Chapter 34, said statute having been adopted as the law of Florida by § 2.01....
...her, and suffer her to dwell with him; in which case she shall be restored to her Action." It will be helpful to recall that Edward I reigned from 1272 until 1307. It is urged that this statute became a part of the law of Florida by virtue of Sect. 2.01 Fla....
..."When the reason for any rule of law ceases, the rule should be discarded." Randolph v. Randolph,
146 Fla. 491,
1 So.2d 480, 481; Ripley v. Ewell, Fla. 1952,
61 So.2d 420, 421. In the last cited case the Supreme Court had before it the application of Sect.
2.01, supra....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 1033662, 2012 Fla. App. LEXIS 4933
...The significance of this point is simply this: if legislative privileges and immunities existed under the common law, they continue to exist, apart from specific constitutional provisions like the Speech or Debate Clause, to the extent that a state continues to recognize the common law. Section 2.01, Florida Statutes, provides in material part that "[t]he common law and statute laws of England which are of a general and not a local nature ....
CopyCited 5 times | Published | Supreme Court of Florida | 2001 WL 252252
...immunity). As explained in Raisen v. Raisen,
379 So.2d 352, 353 (Fla.1979), the doctrine of interspousal tort immunity was originally a part of the common law of England and was adopted into the law of Florida in 1829 by the enactment of what is now section
2.01, Florida Statutes. [18] "As a general rule, that part of the common law codified by section
2.01 should be changed through legislative enactment and not by judicial decision. Only in very few instances and with great hesitation has this Court modified or abrogated any part of the common law enacted by section
2.01, and then only where there was a compelling need for the change and the reason for the law no longer existed." Id....
...Accordingly, the Court, and not the Legislature, abrogated the doctrine of parental immunity to the extent of available insurance coverage. See id. at 1070. *1081 In Waite, this Court completely abrogated the doctrine of interspousal immunity even though it had been adopted into the law of Florida in 1829 by section 2.01....
...s well as the possible threat of disruption that claims of simple negligence can have on the family unit and on parents' rights to discipline their children, we decline to consider the application of the doctrine in other contexts at this time. [18] Section 2.01, Florida Statutes (1999), incorporates the common and statute laws of England in force on July 4, 1776, as the law in Florida.
CopyCited 5 times | Published | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 13459
implementing congressional policy. See 8 C.F.R. § 2.1; cf. I.N.S. v. Wang, ___ U.S. ___, ___, 101 S.Ct
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...property in the manner indicated; that Fla. Stat. §
83.08, F.S.A. does not provide or confirm in the landlord a self-executing possessory lien; and that the promulgation of statutory distress under said Chapter 83, viewed in the light of Fla. Stat. §
2.01, F.S.A., [7] effectively superseded common law distress at least in cases where abandonment by the tenant is not clearly evident....
...same rights, may be joined in the same suit, except that replevin and ejectment shall not be joined together nor with other causes of action." (emphasis supplied) [5] Fla. Stat. §
83.05, F.S.A. [6] Fla. Stat. §§
83.11-83.13, F.S.A. [7] Fla. Stat. §
2.01, F.S.A....
CopyCited 5 times | Published | Supreme Court of Florida
...in time would have prevented the rendition and entry of the judgment assailed. Lamb v. State,
90 Fla. 844,
107 So. 530 (1926). The writ of error coram nobis is a remedy known to the common law and was viable in the courts of this State by virtue of Section
2.01, Florida Statutes (1975), which provides: The common and statute laws of England which are of a general and not a local nature ......
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...NOTES [1] F.S. §
95.11(1), F.S.A. [2] Carruthers v. Peninsular Life Insurance Co.,
150 Fla. 467,
7 So.2d 841. [3] See: Hooker v. Gallagher,
6 Fla. 351; Comerford v. Cobb,
2 Fla. 418. [4] 34 Am.Jur., Limitation of Actions, § 291. [5] Supra note 3. [6] F.S. §
2.01, F.S.A....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 2697, 91 Fair Empl. Prac. Cas. (BNA) 78, 84 Empl. Prac. Dec. (CCH) 41, 418
Stat. 253, 42 U.S.C. § 2000e (a), was amended by § (2)(1) of the Equal Employment Opportunity Act of 1972
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 77, 2009 Bankr. LEXIS 2374, 2009 WL 2710266
pages long. (J. Ex. 239, Trade Contract Agreement, § 2.1; J. Ex. 239, Attach. III.) Various provisions of
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...The accident in the instant case is not governed by maritime law, therefore the standard of care as set forth in Florida Statute 371.52 should apply. The Florida legislature has the authority to modify the common law, grant or create a right, or impose an obligation or liability by statute. See § 2.01 Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 265, 1993 Fla. LEXIS 711, 1993 WL 132258
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...sion for trial by jury upon request so that the issue of paternity would be determined solely by the judge and (2) broadening the statute to permit "any man who has reason to believe he is the father of a child" to bring a paternity proceeding. § 742.011, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 2003 WL 22300499
amendment added Exchange as a "Prior Employer" under section 2.1(c)(33) of the Plan; made its pension plan as
CopyCited 4 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 534, 1994 Fla. LEXIS 1547, 1994 WL 570652
...SHAW, Justice. We have for review the decision of the district court of appeal certifying the following question: IS A TAXPAYER ENTITLED TO A JURY TRIAL, PURSUANT TO ARTICLE I, SECTION 22 OF THE FLORIDA CONSTITUTION, IN A TAX REFUND CASE UNDER SECTION 72.011(1), FLORIDA STATUTES, WHERE ONE OF THE CONDITIONS OF SECTION 72.011(3), FLORIDA STATUTES, HAS BEEN MET? Printing House, Inc....
...Turning to the instant case, we find that this is not a refund case and consistent with our determination, there is no right to a jury trial to challenge the tax assessment. *501 PHI has no constitutional right to have a jury determine the validity of DOR's tax assessments. [5] PHI's options under section 72.011(3) included either tendering the contested amount plus penalties and accrued interest into the court registry or having DOR waive payment pending the contestation....
...One assessment is for sales and use tax from 1985 to 1989, one is for local government infrastructure surtax from 1978 through 1989, and one is for the 1985 criminal justice tax. See generally, Chapter 212, Fla. Stat. (1991). [2] Florida adopted the laws of England as follows: 2.01 Common law and certain statutes declared in force....
...entioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state. § 2.01, Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 1989 WL 136206
law.[5] 8 U.S.C. § 1103(a). Furthermore, 8 C.F.R. § 2.1, the regulation which describes the Commissioner's
CopyCited 4 times | Published | Florida 1st District Court of Appeal
periods ended prior to the end dates set out in section 2.1 of the employment agreements. The FAMU president’s
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...1973): Where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the right of the people of the State to redress for injuries, unless the Legislature can show an overpowering public neces...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1293
...The common law of England in relation to crimes is in full force in Florida where there is no existing provision by statute. See §
775.01, Fla. Stat. (1985). But that common law cannot be inconsistent with the Constitution of the United States or of Florida. See §
2.01, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1978 U.S. Dist. LEXIS 19104
Criminal Justice, Discovery and Procedure Before Trial § 2.1(d), the Supreme *1017 Court had no difficulty in
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 110841
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2017 WL 2665072, 2017 Fla. App. LEXIS 8968
...foreclosure *683 action—testimony, that the [i]ndorsement was effectuated before the filing of the complaint will suffice.”). .. Moreover, as further evidence that it held the note at the time it filed the complaint, the Bank introduced the PSA. Section 2.01 of the PSA, titled “Conveyance of Mortgage Loans,” provides that: In connection with such transfer and assignment; the Depositor does hereby deliver to, and deposit with, the Custodian acting on behalf of the Trustee ......
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 25571, 13 Fed. R. Serv. 803
1824(a)(2) and Title 18, United States Code, Section 2. 1 The appellants correctly say that
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 98, 1995 Bankr. LEXIS 1148
...See, Dollner v. Snow,
16 Fla. 86 (1877). In Hector Supply, the Florida Supreme Court recognized that the doctrine that a wife cannot own personal property in her own right had long since passed. The court noted that in accordance with Florida Statute §
2.01 and various English decisions which recognized that a tenancy by the entirety in personalty could be recognized prior to 1776 in certain cases, "One could fairly say that the entireties theory was applied to personalty in instances where equi...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 7578, 1996 WL 396083
...for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law ... pursuant to Fla.Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2017 WL 697746, 2017 Fla. App. LEXIS 2413
...The wife argued that the court should set aside the marriage before injury rule. However, the court concluded that “[i]n the absence of any statutory law on this point, Florida courts are required to follow the common-law rule.” Id. at 391 . The court therefore held the wife could not recover. See also § 2.01, Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 2699
Right-of-Way Ordinance in turn. 1. Section 2(1) — Statement of Purpose 22
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ction 10, Declaration of Rights, Florida Constitution of 1885, F.S.A., has no effect upon the existence or validity of the grand jury system. Portee v. State,
253 So.2d 866 (Fla. 1971); and Reed v. State,
267 So.2d 70 (Fla. 1972). See, additionally, Section
2.01, Florida Statutes, declaring the common and statute laws of England as of July 4, 1776, as the law of this state, where not inconsistent with the Constitution and laws of the United States and the acts of the legislature of this state....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 132006
of the INS. 8 U.S.C. § 1103(a) and (b); 8 C.F.R. § 2.1 (1995); INS v. Phinpathya,
464 U.S. 183, 185 n.
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2017 WL 4273433
...statutory
interpretation and construction; the statute must be given its plain and obvious
meaning.”).
Analysis
The City’s ordinance regarding the term limits applicable to the office of
Mayor provides, in pertinent part:
Section 2.01....
...sufficient time to adopt a special election
4
ordinance establishing qualifying periods and related provisions, when an election
shall be held to fill the balance of the term, if any,” as provided in section 2.01(c).
The City Council then adopted Ordinance No....
...Hernandez
ran and was elected in that special election.
In the next general election for the office of Mayor (and a four-year term) in
November 2013, Hernandez also ran and was elected Mayor. Martinez’s
complaint boils down to a legal argument that “2 consecutive terms” in section
2.01(d) of the ordinance includes a partial term of less than four years (which
section 2.01(c) refers to initially as “the former mayor’s term”)....
...gal principles to this scenario in
rejecting Martinez’s argument that the partial, remaining term of a resigned Mayor
5
should be counted against the successor as if it is a full term for purposes of section
2.01(d). First, as a matter of statutory interpretation and plain meaning, the text of
section 2.01(b) expressly provides for elections every four years to select a Mayor
for a four-year term....
...City of Miami Gardens,
200 So. 3d 765, 775 (Fla. 2016). The Hialeah
ordinance at issue in this case does not “expressly” characterize a successor’s
partial term (filling a vacancy in the office of Mayor) as a “term” for purposes of
the term limitations in section
2.01(d).
Martinez’s final argument is that section
166.021(4), Florida Statutes
(2017), precludes the City from (in effect) modifying the term limitation provision
of the City ordinance “without approval by referendum of the electors.” Martinez
asserts that it would be necessary for the ordinance to be amended by the voters to
clarify that a partial term, served to fill a vacancy, is not a “term” for purposes of
section
2.01(d).
This argument is unavailing, because, as already noted, we have concluded
that the ordinance and term limitation provisions are clear enough as they presently
exist. Martinez remains free, of course, to support an amendment to section
2.01
for consideration by the voters of Hialeah at a later date to effectuate his own
position that a partial term to fill a vacancy is a “term” for purposes of section
2.01(d).
For all these reasons, the final judgment in favor of the appellees is affirmed.2
2 We granted Martinez’s motion to expedite briefing and consideration of this
case....
CopyCited 3 times | Published | Supreme Court of Florida
...for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the, State pursuant to Fla. Stat. § 2.01 , F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people, of the State to redress for injuries, unless the'Legislature can show an overpowering public ne...
CopyCited 3 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 23044
are securities under federal securities law. Section 2(1) of the Securities Act and Section 3(a)(10) of
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 639326
...Our analysis has focused on whether the ballot initiatives were precluded by or conflicted with the charter, the general laws of Florida, or the Florida Constitution. The Pinellas County Charter was proposed by a special act of the legislature, see Ch. 80-590, Laws of Fla., and was approved by the voters in a referendum. [1] Section 2.01 of the charter states that Pinellas County has all powers of local self-government that are not inconsistent with *319 general law, with special law approved by the electors, or with the charter itself....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 837180
contained a "time is of the essence" provision. Section 2.1 of the agreement required Hot Developers to deposit
CopyCited 3 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 10257
Traffic Control Manual (ATCM), FAA Order 7110.65J, § 2-1-1 states: The primary purpose of the ATC system
CopyCited 3 times | Published | District Court, M.D. Florida | 17 I.E.R. Cas. (BNA) 1792, 2001 U.S. Dist. LEXIS 16775, 2001 WL 1301706
...Defendant in turn alleges that as a result of a pattern and practice of Plaintiffs' continuous violations of Defendant's policies, Plaintiffs were terminated for cause. In support of this contention, Defendant argues that: (1) Plaintiff, Brock Gainer, violated the following policies and procedures: *1230 a. § 2.01(B) and (E), Standards of Conduct; b....
...§ 4.19(9), Unauthorized modifications of time sheets; and g. § 4.19(10), Insubordination or refusal to comply with instructions of a supervisor. (Dkt. 23, exhibit O). (2) Plaintiff, Marie Gainer, violated the following policies and procedures: a. § 2.01(B) and (E), Standards of conduct; b....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 3648473
Years of NSD Service.” Family Program art. II, § 2.1(h). . " 'Normal Form' means the payment of a retirement
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 766915, 2017 U.S. App. LEXIS 3598
...time of taking action that has legal
consequences for the principal, the agent reasonably believes, in accordance with
the principal’s manifestations to the agent, that the principal wishes the agent so to
act.” Restatement (Third) of Agency § 2.01 (2006).
In this case, however, we need not decide whether Fonseca had actual
authority to enter into the MLA because the Government subsequently ratified his
actions and, therefore, agreed to be bound by them as if they were done with actual
authority....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 64945
...the listing at section
893.03(1)(c). Chapter 93-92 also deleted an archaic reference in section
893.03(1) to a statute which had authorized a marijuana prescription program which had been discontinued several years before the decision in Jenks. [2] Section
2.01, Florida Statutes.
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 87223
...t is done. If there be no cause of action at the time, there never can be any. Abbott v. Abbott, 67 Me. 304, 306 (1877). Interspousal immunity was incorporated into Florida law in 1829, by the adoption of all common and statutory law of England. See § 2.01, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1912, 1985 Fla. App. LEXIS 15204
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public necessity for the abolishment of such right....
...ce benefits available to the claimant, whether purchased by him or provided by others. (e.s.) [4] We note that the foregoing analysis assumes that subrogation is a "right [that] has become a part of the common law of the State pursuant to Fla. Stat. §
2.01", under Kluger,
281 So.2d at 4 (e.s.)....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3289078
precedent quoting Restatement (Second) of Contracts, § 2(1).) A party’s conduct can result in a promise.
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 113 L.R.R.M. (BNA) 2226, 1983 U.S. App. LEXIS 28772
...B.E.W. (21) Working for any individual or company declared in difficulty with a L.U. or the I.B. E.W., in accordance with this Constitution. 2 . The pertinent provision of the area working agreement reads, ARTICLE II EMPLOYER RIGHTS — UNION RIGHTS Section 2.01....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 14629
...ts may administer corporal discipline to their children; provided, however, that the discipline is reasonable,” A.A. v. Dep’t of Children & Families,
908 So.2d 585, 587 (Fla. 5th DCA 2005), neither does it exclude the common law defense. See §
2.01, Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 91563
Regulations defines "securities" by reference to section 2(1) of the Securities Act of 1933, 15 U.S.C. § 77b(l)
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 731699
Criminal Justice, Discovery and Procedure Before Trial § 2.1(d). Giglio v. U.S.,
405 U.S. 150, 154, 92 S.Ct.
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...e of this charter... . "Section
1.02. Territory of Consolidated Government. The consolidated government shall have jurisdiction, and extend territorially throughout the present limits of Duval County. "ARTICLE 2 "General And Urban Service Districts "Section
2.01....
...c Beach, the former city of Neptune Beach, the former Town of Baldwin, ... . "(6) `General services district' shall mean the total area of Duval County. * * * * * * "(10) `Urban services districts' shall mean the two districts initially described in section 2.01 of this charter as they may be expanded or consolidated pursuant to sections 2.02 and 2.03 of this charter." From the foregoing provisions, it is palpably clear that the Legislature intended to consolidate the former governments of Duval...
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 980, 2002 Fla. LEXIS 2458
...Sys., Inc. v. New Oji Paper Co.,
752 So.2d 582, 583 (Fla.2000) ("A trial court's ruling on a motion to dismiss based on a question of law is subject to de novo review.”). . See Glassman v. Glassman, 309 N.Y. 436 , 131 N.E.2d 721 (1956). . See generally §
2.01, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 WL 2164183
the Credit Agreement]" and in accordance with Section 2.1, make its pro rata share of the requested loans
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459775
statutes."). As argued by the County, Article II, Section 2.1 of the County's charter provides that: "The legislative
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62895
Agreement provided only two termination options: section 2.1, where the "Employee refuses without reasonable
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4130
...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. "Normal Retirement Date" is defined in §
2.01, page 5, as the first day of the month following a member's 65th birthday....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
63. Indeed, Mr. Utley testified that although Section 2.1 of the Intercreditor Agreement contained a clause
CopyCited 2 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 342, 2012 WL 1623041, 2012 Fla. LEXIS 933
...Eight is Enough in Pinellas,
775 So.2d 317 , 319 n. 2 (Fla. 2d DCA 2000) (emphasis represents language added as a result of 1996 ratification vote), quashed sub nom., Cook v. City of Jacksonville,
823 So.2d 86 (Fla.2002). Other relevant provisions of the Pinellas County Charter included: Sec.
2.01....
...Limitation of power. The county shall not have the power, under any circumstances ... to change the status, duties, or responsibilities of the county officers specified in section 1(d), art. VIII of the state constitution. Pinellas Cnty. Charter art. II, § 2.01, 2.06....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 32 Media L. Rep. (BNA) 1939, 2004 Fla. App. LEXIS 2673, 2004 WL 393189
sufficient to justify the breadth of the exemption: Section 2. (1) The Legislature finds that it is a public necessity
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 124657
...The common law of England in force and effect on July 4, 1776, continues to be the law of Florida unless it is inconsistent with the Constitution, is abrogated or modified by the legislature, or is modified by the Supreme Court under limited circumstances. § 2.01 Fla.Stat....
CopyCited 2 times | Published | Supreme Court of Florida | 2016 WL 3191086
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01 , F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nec...
CopyCited 2 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 8569
investment contracts, hence securities, as defined by Section 2(1) of the Securities Act and Section 3(a)(10) of
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 3466814
...the United States and the acts of the Legislature of this State. See Wester v. Rigdon,
110 So.2d 470, 472 (Fla. 1st DCA 1959) (recognizing that the common law is in effect in Florida except insofar as it is modified or superseded by statute (citing §
2.01, Fla....
...rdinary, normal standards reasonably to be expected of living quarters of comparable kind and quality”). At that time, the common law defined and dictated the scope of the implied warranties with regard to Lakeview Reserve’s cause of action. See § 2.01, Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30322
purchaser agreement is a security as defined by section 2(1) of the Securities Act of 1933 and section 3(a)(10)
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 13241
Laws 299 (the "Special Act" or "Ch. 2001-299") § 2(1); Dkt. 119, ¶ 4(g).[1] The Special Act defines a
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 34492, 77 Empl. Prac. Dec. (CCH) 46, 212, 81 Fair Empl. Prac. Cas. (BNA) 950
Stat. 253, 42 U.S.C. § 2000e(a), was amended by § 2(1) of the Equal Employment Opportunity Act of 1972
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20502, 2011 WL 6437247
...The argument that permeates the dissent is that the birth mother, as the legal mother under this purported common law rule, has all of the parental rights to the child and the biological mother has none. As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it is clear that these provisions were written to facilitate the issuance of birth certificates and the keeping of vital statistics for public health....
...at 727-29. The common law does not come from law students and professors who write law review articles, and we hardly think it comes from a decision rendered by a Tennessee court that does nothing more than cite a law review article as the source. Section 2.01, Florida Statutes, cited in the dissent, simply adopts the common law of England down to the 4th day of July, 1776, provided it is not inconsistent with the Constitution and laws of the United States and Florida....
...As both parties acknowledge, this is clear from chapter 382, Florida Statutes. That chapter requires that a certificate of live birth be filed with the state "for each live birth that occurs in this state" within "5 days after such live birth ...." § 38
2.013(1)(a), Fla. Stat. (2004). Section 38
2.013(1)(g) requires that the child's birth mother be listed as the legal parent, regardless "of any plan to place a child for adoption after birth ...." The definition of "live birth" in section
382.002(9), Florida Statutes, also makes clear that Fl...
CopyCited 2 times | Published | District Court, S.D. Florida | 52 Bankr. Ct. Dec. (CRR) 3, 2009 U.S. Dist. LEXIS 94481, 2009 WL 3125548
Loan, and the Revolving Loan facilities. [Cr. Agr. § 2.1]. Each facility respectively provided for a total
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Trustees of Norwegian Cemetery Association, 1908, 139 Iowa 115, 117 N.W. 39, 43; Borders v. Niemoeller, Mo. App. 1951, 239 S.W.2d 555, 559; Bridgeford v. Groh, 1932, 306 Pa. 566, 160 A. 451. Also see the cases cited in the annotation referred to in footnote 3. [5] Section 2.01, Florida Statutes 1957, F.S.A....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 WL 4104731
...at parents may administer corporal discipline to their children; provided, however, that the discipline is reasonable," A.A. v. Dep't of Children & Families,
908 So.2d 585, 587 (Fla. 5th DCA 2005), neither does it exclude the common law defense. See §
2.01, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2621781
...Gardner arranged for some of the water to be returned to the fire station. II. THE PROCEEDINGS IN THE CIRCUIT COURT Following the completion of Mr. Gardner's investigation, the State charged Mr. Darwish with committing three felonies: initiating the theft of property and trafficking in that property, section 81
2.019(2), a first-degree felony (count one); scheming to defraud and obtaining property thereby, section
817.034(4)(a)(3), a third-degree felony (count two); and cheating by false pretenses, section
817.29, a third-degree felony (count three)....
...The Cheating Statute The cheating statute, section
817.29, provides: Cheating. Whoever is convicted of any gross fraud or cheat at common law shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Section
2.01, Florida Statutes (2004), provides, with certain exceptions, that the common and statute laws of England, as of July 4, 1776, are in force in Florida....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
requirement for primary elections does not violate § 2. 1. Discriminatory Purpose Plaintiffs
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1994 WL 551490
...e other does not constitute a choice of law by the court. It is simply the result of this court's declaration that the common law doctrine cannot be given force in this state because it is inconsistent with the constitution of the United States. See § 2.01, Fla....
...The United States adopted the English common law model of the marital relationship with its correlative duties after the Revolution." Mary Elizabeth Borja, Functions of Womanhood: The Doctrine of Necessaries in Florida, 47 U.Miami L.Rev. 397, 398 (1992) (citations omitted). Section 2.01, Florida Statutes (1993), originally enacted in 1829, provides: "The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the fourth day of July, 1776, are de...
CopyCited 1 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 20190, 2000 WL 33245459
...' continuous violations of Defendant's policies, Plaintiffs were terminated for cause. (Dkt. 1, exhibits O and P). In support of this contention, Defendant argues that: (1) Plaintiff, Brock Gainer, violated the following policies and procedures: (a) § 2.01(B) and (E), Standards of Conduct; (b) § 2.12, Use of City Property; (c) § 4.15(D)(8), discourtesy to persons while in performance of duties; (d) § 4.15(D)(16), failure to comply with departmental rules or standards of conduct; (e) § 4.19(...
...(f) § 4.19(9), unauthorized modification of time sheets; and (g) § 4.19(10), insubordination or refusal to comply with instructions of a supervisor. (Dkt. 1, exhibit O). (2) Plaintiff, Marie Gainer, violated the following policies and procedures: (a) § 2.01(B) and (E), Standards of Conduct; (b) § 2.12, Use of City Property; (c) § 4.15(D)(2), leaving assigned work area during working hours without permission; (d) § 4.15(D)(4), productivity or workmanship not up to required standards; (e) § 4....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1168779
electrical generating facilities; or water supply." § 2.1, Columbia County Code (emphasis added). Canoeing
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933
...ng the adoption of
- 79 -
the Declaration of Rights of the Constitution of the State of Florida, or
where such right has become a part of the common law of the State
pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power
to abolish such a right without providing a reasonable alternative to
protect the rights of the people of the State to redress for injuries,
unless the Legislature can show an overpo...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3211, 2011 WL 831135
...The parties do not dispute that a lawyer listed on the registry remains a private practitioner free to represent other clients in other matters. . "The common and statute laws of England which are of a general and not a local nature, ... down to the 4th day of July, 1776, are declared to be of force in this state." § 2.01, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9448, 2015 WL 3824197
...88 development and promulgate zoning regulations. M & H Profit, Inc. v. City of Panama City,
28 So.3d 71, 77 (Fla. 1st DCA 2009). This case involves a provision of Walton County’s LDC dealing with the preservation of residential neighborhoods. Section
2.01.03(L)(3)(á)(iii) of the LDC provides that “[n]on-residential uses are not allowed” on lots within County-designated Residential Preservation Areas, such as the Bennetts’ triplex and the Lawn....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 20 U.C.C. Rep. Serv. 2d (West) 1050, 1993 Fla. App. LEXIS 5964, 1993 WL 182525
...Sunlight Foods, Inc.,
586 So.2d 366, 367 (Fla. 3d DCA 1991); Braun v. Intercontinental Bank,
466 So.2d 1130, 1132 (Fla. 3d DCA 1985). A cardinal principle of credit law is that each contract is independent of the other. John F. Dolan, The Law of Letters of Credit §
2.01 (2d ed....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1997 Bankr. LEXIS 2070, 1997 WL 1100227
...all of Newco's rights and obligations under the Asset Purchase Agreement. Pursuant to the Asset Purchase Agreement, the Debtor agreed to sell (subject to the approval of this Court), and Newco agreed to purchase, the "Acquired Assets" (as defined in Section 2.01 of the Asset Purchase Agreement) free and clear of any and all liens, claims and encumbrances (except for any Permitted Encumbrances) for a purchase *501 price of $30 million in cash plus the assumption of certain liabilities....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
of members to the County Commission violates section 2).1 The government contends that a single-member
CopyCited 1 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1004
...Our statutes do not say or mean that prescribed execution of one of these forms by the owner invariably results in a binding conveyance of property. Nor do they undertake to indicate the circumstances under which this form will have that effect. For the answers to these questions, we must look to our common law. By F.S. § 2.01, F.S.A., this includes designated portions of the "common and statute laws of England" down to the fourth day of July, 1776....
CopyCited 1 times | Published | District Court, S.D. Florida
Competitive Business (as that term is defined in Section 2.1.2 of the Franchise Agreement) located or operating
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 617060
satisfied certain conditions. Specifically, under section 2.1(c)(iii) of the Credit Agreement, “each Revolving
CopyCited 1 times | Published | Florida 1st District Court of Appeal
L. Ascher, Scott & Ascher on Trusts, § 2.1.8, at 40; § 4.2, at 179 (5th ed. 2006). In
CopyCited 1 times | Published | Supreme Court of Florida
if she were unmarried.” Despite the mandate of §
2.01, Fla.Stat., F.S.A., adopting the English common
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
253, 42 U.S.C. § 2000e(a), was amended by § 2(1) of the Equal Employment Opportunity Act of
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 19943, 2009 WL 4912595
...To implement comprehensive plans, counties are required to adopt and enforce land development regulations. §
163.3202, Fla. Stat. (2006). In 1993, Gulf County complied with the mandate of section
163.3202 by adopting Land Development Regulations, which, in pertinent part, state: 1.0
2.01 General Applicability [T]he provisions of this Code shall apply to all development in Gulf County ......
...1.03.02 Definitions DEVELOPMENT OR DEVELOPMENT ACTIVITY: Includes any of the following activities: 1. Construction, clearing, filling, excavating, grading, paving, dredging, mining, and/or other similar activities. (Emphasis added). Gulf County, Florida, Unified Land Development Regulations §§ 1.02.01 and 1.03.02....
...The case went to trial on Johnson's fourth amended complaint against the County, Rish, D & K, Panhandle, and Edwards seeking declaratory, injunctive, and mandamus relief. In Counts I through IV, Johnson alleged that the County allowed development in violation of its comprehensive plan and §§ 1.02.01 and 1.03.02 of its land development regulations....
CopyCited 1 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 432, 1986 Fla. LEXIS 2455
...195 , 43 N.Y.S. 364 (1897); See also Commonwealth v. One 1972 Chevrolet Van, 385 Mass. 198 , 431 N.E.2d 209 (1982). Our conclusion that article I, section 22 preserves the right to trial by jury in in rem forfeiture proceedings is further supported by section 2.01, Florida Statutes (1983). Section 2.01 provides: The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said st...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 20922
...ired, and the defendant had no privilege of being sued in any particular place. [1] Therefore, if section
47.051 is not applicable to the appellant, under the common law, the appellee had the right to file its action in Hillsborough County, Florida. §
2.01, Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...The color of law inquiry is similar to the state action requirement under the fourteenth amendment. For instance, when state action is present, the color of law requirement is also met. S. Nahmod, Civil Rights and Civil Liberties Litigation, the Law of Section 1983 § 2.01 at 73 (2nd ed....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 WL 1385903, 2016 Fla. App. LEXIS 5424
.... . all the loans that [were] in the [pool or
trust].” Torres identified the borrowers' loan in the MLS, and stated that the MLS showed
that the lender had possession of the borrowers' note prior to the closing of the pool or
trust. Moreover, section 2.01 of the PSA provided:
2
The Depositor, as of the Closing Date, and concurrently with
the execution and delivery hereof, does hereby assign,
transfer...
...at the time the foreclosure
complaint was filed. Angelini, 41 Fla. L. Weekly D370.
Relying on the MLS, Torres testified that the subject note became a trust asset
prior to the trust’s closing, which pre-dated the filing of the complaint. Section 2.01 of
the PSA, in turn, provides that “the Depositor has caused the Sponsor, with respect to
each Mortgage Loan, ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 986, 1989 Fla. App. LEXIS 2375, 1988 WL 34665
...ISDICTIONAL, although in a peculiar sense of that word. It clearly existed as part of the "common and statute laws of England" "down to the 4th day of July, 1776," has not been changed by statute in Florida and is of force in this state by virtue of section 2.01, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2010 WL 3464410, 2010 Fla. App. LEXIS 13314
...s was the better-reasoned one. E. As we have already noted, the merger doctrine is a creature of the common law. As such, it must yield to an inconsistent *1049 statute adopted by the legislature. See, e.g., State v. Egan,
287 So.2d 1, 6 (Fla.1973); §
2.01, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...cannot be sued without its own permission, . . . was a part of the English common law
when the State of Florida was founded and has been adopted and codified by the
Florida Legislature." Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.,
908 So.
2d 459, 471 (Fla. 2005) (citing §
2.01, Fla....
...VIII, § 1(a), Fla. Const. To these counties is afforded the power
and authority "to levy ad valorem taxes." Art. VII, § 9, Fla. Const. For tax purposes, our
legislature has mandated that "all property located within the county" is to be assessed.
§ 192.011, Fla....
...This fact is fatal to the Pasco County
Property Appraiser's case.
Counties are authorized by the Florida Constitution and statutory law to
assess and impose ad valorem taxes on property within their boundaries. See art. VII,
§ 9, Fla. Const.; §§
125.016, 19
2.011, Fla....
..."Accordingly, where the State
files suit challenging ad valorem taxation on grounds of sovereign immunity, the State's
assertion that it is not a taxable entity takes it outside the category of 'taxpayer' targeted
by section
194.171." Id. Section 19
2.011, like section
194.171, is part of "a
comprehensive statutory scheme for counties to assess and collect taxes
simultaneously with procedures for taxpayer challenges to tax assessments." Ward v.
Brown,
894 So. 2d 811, 814 (Fla. 2004). Given that chapter 192 and chapter 194 are
part of the same statutory scheme, it necessarily follows from the supreme court's
conclusion that the "entity in whose name property is assessed" pursuant to section
19
2.011 cannot include the counties as political subdivisions of the State....
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3357
...This argument previously has been considered by this Court, and we have held it to be without merit “because (1) our Florida grand jury system is derived from the common law, except as otherwise modified, and (2) the 1968 constitutional revision did not invalidate the grand jury system. See Fla.Stat. § 2.01, F.S.A.; Cotton v....
CopyPublished | Florida 5th District Court of Appeal | 1972 Fla. App. LEXIS 6156
are a part of the law of this state. See F.S. Section
2.01, F.S.A.1971. Such a modification of substantive
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15190
relating to discovery and procedure before trial. Section 2.1(a) (iii) of these Standards specifically requires
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 4511607, 194 L.R.R.M. (BNA) 2457, 2012 Fla. App. LEXIS 16556
executes contracts and other instruments. Under section 2.1 of the CBA, the City Manager (or his designee)
CopyPublished | Court of Appeals for the Eleventh Circuit
monetary loss. See Act of May 31, 1790, ch. 15, § 2, 1 Stat. 124, 124–25. Justice Story, riding circuit
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21525
...The appellant argues that the rule at common law was that witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service in another; that this rule has not been abrogated or modified by the legislature of this state; and that by virtue of Section 2.01, Florida Statutes (1981), declaring the common law to be of force in this state, the rule applies here....
CopyPublished | District Court of Appeal of Florida
community.” Restatement (Third) of Prop.: Servitudes § 2.1(1) (Am. L. Inst. 2000). An express easement
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
the office shall be paid to the supervisor. Section 2(1), Ch. 82-202, Laws of Florida. Section 2(2),
CopyPublished | Florida 3rd District Court of Appeal
...See, e.g., Lathrop v. Deal, 801 S.E.2d 867, 871
n.9 (Ga. 2017); Porter v. State, 1 Mart. & Y. 226, 227 (Tenn. 1827). Indeed,
the English common law was adopted by the Territory of Florida in 1822.
Fla. Terr. Acts 1822, p. 50; see also Fla. Terr. Acts 1823, p. 111; § 2.01, Fla.
Stat....
CopyPublished | Florida 2nd District Court of Appeal
...UCF Athletics Ass'n,
175 So.
3d 724, 725 n.3 (Fla. 2015). We turn, then, to the City's assertion of
sovereign immunity in this case.
Sovereign immunity originated in our common law, see Am. Home
Assurance Co. v. Nat'l R.R. Passenger Corp.,
908 So. 2d 459, 471 (Fla.
2005), section
2.01, Florida Statutes (2022), was memorialized in our
state constitution, see art....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 24, 2023
statute of limitations. Pub. L. 111-2. § 2(1)–(2), 123 Stat. 5. Now, a claim for discriminatory
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General RAB/tjw 1 Section 2(1), Ch. 82-375, Laws of Florida. 2 The special
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
forth the legislative findings and intent. 7 Section 2(1), Ch. 92-277, Laws of Florida, tentatively assigned
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4615
by fine not exceeding four hundred dollars.” Section
2.01, F.S.A., provides, with certain exceptions,
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
Section 19, Ch. 2003-382, Laws of Florida. 5 Section 2.1.(1), Ch. 2003-382, Laws of Florida. 6 See, Op
CopyPublished | Court of Appeals for the Eleventh Circuit
...“[B]road lan-
guage is not limitless.” Watson v. Philip Morris Companies, Inc.,
551 U.S. 142, 147 (2007). As a result, the ordinary meaning of a
statutory term “is not always co-extensive with its broadest
reach[.]” Brannon P. Denning, Bittker on Regulation of Interstate
Commerce §
2.01 (Aspen Pub....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
leaseholds as personalty has been abrogated. Section
2.01, F.S., declares the common law to be in force
CopyPublished | Supreme Court of Florida
imported into our own common law by operation of section
2.01, Florida Statutes (1991). The parties cite to
CopyPublished | Florida 4th District Court of Appeal
traditions still govern appellate practice today. See §
2.01, Fla. Stat. (“The common and statute laws of England
CopyPublished | Court of Appeals for the Eleventh Circuit
created by statute. See Act of May 31, 1790, ch. 15, § 2, 1 Stat. 124, 124–25 (imposing statutory damages for
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...Section 5.02 of this charter provides, in relevant part, that special laws relating to or affecting Pinellas County and general laws of local application which apply only to Pinellas County, shall become county ordinances; except among other things, those laws relating to the Pinellas County Planning Council. Section 2.01 of the charter generally provides that a county ordinance shall prevail over a municipal ordinance when general law provides that a county ordinance shall prevail over a municipal ordinance, or when it concerns a power of local county go...
CopyPublished | Florida 2nd District Court of Appeal
...cannot be sued without its own permission, . . . was a part of the English common law
when the State of Florida was founded and has been adopted and codified by the
Florida Legislature." Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.,
908 So.
2d 459, 471 (Fla. 2005) (citing §
2.01, Fla....
...VIII, § 1(a), Fla. Const. To these counties is afforded the power
and authority "to levy ad valorem taxes." Art. VII, § 9, Fla. Const. For tax purposes, our
legislature has mandated that "all property located within the county" is to be assessed.
§ 192.011, Fla....
...This fact is fatal to the Pasco County
Property Appraiser's case.
Counties are authorized by the Florida Constitution and statutory law to
assess and impose ad valorem taxes on property within their boundaries. See art. VII,
§ 9, Fla. Const.; §§
125.016, 19
2.011, Fla....
..."Accordingly, where the State
files suit challenging ad valorem taxation on grounds of sovereign immunity, the State's
assertion that it is not a taxable entity takes it outside the category of 'taxpayer' targeted
by section
194.171." Id. Section 19
2.011, like section
194.171, is part of "a
comprehensive statutory scheme for counties to assess and collect taxes
simultaneously with procedures for taxpayer challenges to tax assessments." Ward v.
Brown,
894 So. 2d 811, 814 (Fla. 2004). Given that chapter 192 and chapter 194 are
part of the same statutory scheme, it necessarily follows from the supreme court's
conclusion that the "entity in whose name property is assessed" pursuant to section
19
2.011 cannot include the counties as political subdivisions of the State....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5412
of Florida, Special Acts 57-1534, Article II, Section 2(1). The Special Act, supra, also provides for initiative
CopyPublished | Court of Appeals for the Eleventh Circuit
Years of NSD Service.” Family Program art. II, § 2.1(h). 11 “‘Normal Form’ means the payment of a
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 1409122
...itial shot. Under these circumstances, the hunter has violated section
828.12(2) by intentionally firing the shot that set the sad events in motion. Hunting has been part of life in Florida since before the adoption of the common law of England. See §
2.01, Fla....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
Hillsborough County, or (4) It is authorized under section
2.01. (e.s.) Section 10.05 of the Charter provides
CopyPublished | Court of Appeals for the Eleventh Circuit
...It is
not, however among the more
troublesome questions of degree
inherent in copyright law, as the line to
be drawn includes almost any
independent effort on the side of
sufficient originality.
Melville B. Nimmer and David Nimmer, Nimmer
on Copyright § 2.01 [B], at 2-13 (1996). And
[O]riginality for copyright purposes
amounts to . . . little more than a
prohibition of actual copying.
Nimmer, § 2.01B[, p....
CopyPublished | Court of Appeals for the Eleventh Circuit
...It is not, however among the more troublesome questions of degree inherent in
copyright law, as the line to be drawn includes almost any independent effort on the side of
sufficient originality.
Melville B. Nimmer and David Nimmer, Nimmer on Copyright § 2.01[B], at 2-13 (1996). And
[O]riginality for copyright purposes amounts to ... little more than a prohibition of actual
copying.
Nimmer, § 2.01B[, p....
CopyPublished | District Court, N.D. Florida | 1968 U.S. Dist. LEXIS 9208
...udice, at Plaintiff’s cost. . The common laws of England, of a general nature, down to July 4, 1776, except where inconsistent with the Constitution and laws of the United States and Acts of the legislature of the state, are in force in Florida. F.S. 2.01, F.S.A....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 18 Fla. L. Weekly Fed. B 199, 2005 Bankr. LEXIS 870, 44 Bankr. Ct. Dec. (CRR) 220
which shall be calculated in accordance with Section 2.1 below. Tenant shall exercise its options to renew
CopyPublished | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3294
...at the natural parent may not inherit from his natural child who has been adopted. 1 *805 The right of adoption was unknown at common law and exists only by statute. In re Palmer’s Adoption, 1937,
129 Fla. 630 ,
176 So. 537, 538 . Under Fla. Stat. §
2.01 , F.S.A....
CopyPublished | District Court of Appeal of Florida
...the bequest to him. Thus was accomplished the purpose of saving the will by purging the witness’ share in order to make him competent. This is how the law stood in England on July 4, 1776 which, by adoption, later became law in Florida. Fla.Stat. § 2.01 F.S....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 59, 2009 Bankr. LEXIS 2924, 2009 WL 3018090
reorganized pursuant to the Plan." (Main Case Doc. 420, § 2.1). Additionally, Article 8 of the Plan, entitled
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 317, 2013 WL 2096260, 2013 Fla. LEXIS 1001
...s for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01 , F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nec...
CopyPublished | District Court of Appeal of Florida
Florida in absence of clear statutory guidance. See §
2.01, Fla. Stat. (2022). The legislature also created
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
RAB/tjw 1 See, Ch. 82-375, Laws of Florida. 2 Section 2(1), Ch. 82-375, supra, as amended by s. 2(1), Ch
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19197
...and SHARP, JJ., concur. . The Florida Statute on advancements, § 733.-806, Fla.Stat., does not appear to be inconsistent with the common law. The statute relates only to intestate estates and the special limitations therein likewise relate only to intestate estates. . § 2.01, Fla.Stat....
CopyPublished | District Court, N.D. Florida | 2017 U.S. Dist. LEXIS 49681
recreational purposes is hereby protected.” Id. § 2.1. It prohibits any “individual, group, or entity
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
1.6.6, by-laws. 6 Section 1.6.8, by-laws. 7 Section 2.1, by-laws. 8 Section 3.3, by-laws. 9 Section 3
CopyPublished | Court of Appeals for the Eleventh Circuit | 1992 WL 43136
Bleckley County’s sole commissioner system violates § 2. (1) Size and Geographic Compactness of Minority Group
CopyPublished | District Court of Appeal of Florida | 29 U.C.C. Rep. Serv. 2d (West) 542, 1996 Fla. App. LEXIS 2627, 1996 WL 120239
...In that case, the court held that a person’s promise to pay what he already owes is not valid consideration. Yet, the express agreement of the parties to satisfy the debt for less than the amount due and its payment can amount to a satisfaction of the debt. Bryan. In any event, section 2.01 of the Florida Statutes (1993), declares that the common law as it existed on July 4,1776, is to be of force in this state to the extent that it is not inconsistent with the acts of the Legislature of the state....
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 873531
an Administrative Expense Request pursuant to Section 2.1(a) of the Plan and fail to do so by February
CopyPublished | District Court of Appeal of Florida | 4 Wage & Hour Cas.2d (BNA) 843, 1998 Fla. App. LEXIS 2651, 1998 WL 117540
...With respect to the contract entered between the parties, we hold the better procedure would have been to state with specificity the applicability of the prevailing wage ordinance within the contractual agreement. We affirm however, the order of the trial court and hold that section 2.01, Ordinance No....
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3984
(B), which is in pertinent part as follows: “Section 2. (1) Under the procedures specified herein, the
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 17, 2024
“Controversies.” U.S. Const. art. III, § 2. 1 Dicta, however, are statements or observations
CopyPublished | Florida 3rd District Court of Appeal
...to by the municipality. See e.g., City of Miami Beach v. Miami Beach Imp.
4
The common law is still in effect in Florida today, except where it has been
repealed or substituted by statute. See Richardson v. Holman,
33 So. 2d
641 (Fla. 1948). See also §
2.01, Fla....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 308, 1997 Fla. LEXIS 730, 1997 WL 297683
admission. 1-20 Florida Board of Bar Examiners Section 2. 1-21 Membership. There is hereby created a The
CopyPublished | Court of Appeals for the Eleventh Circuit
the other rulings in section 2. 1. We review the
CopyPublished | Supreme Court of Florida
...1776, was adopted” in Florida. Barnett, 303 So. 3d at 512
(alteration in original) (quoting State v. Egan,
287 So. 2d 1, 3 (Fla.
1973)); see also Am. Home Assur. Co. v. Nat’l R.R. Passenger Corp.,
908 So. 2d 459, 471 (Fla. 2005) (noting that section
2.01 of the
Florida Statutes incorporated common law of sovereign immunity).
“Under the common law, the [State of Florida’s] immunity was
-9-
total,” subject only to waiver by the Florida Legislature....
CopyPublished | Florida 4th District Court of Appeal
...element 6 in instruction 3.6(k) is in derogation of the common law with
respect to the defense of duress. No Florida statute authorizes “duress”
as a defense to any of the crimes with which Appellant was charged. Thus,
courts must look to the common law. See § 2.01, Fla....
CopyPublished | United States Bankruptcy Court, S.D. Florida.
Internal Revenue Service, total claim is Part One Section 2.1 and priority claim is $0 $6,000 and priority
CopyPublished | Florida 4th District Court of Appeal | 1966 Fla. App. LEXIS 5016
July 4, 1776, is adopted as the law of Florida. Section
2.01, Florida Statutes, 1965, F.S.A. We look then
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
Ocala City Charter was adopted prior to 1973.4 Section
2.01(d) of that charter provided when the council
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 965
limited partnership. 9. Pursuant to Article VI, Section 2.1, of the Certificate and Agreement of Limited
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
regular session of the Florida Legislature. 14 Section 2(1)(a), SB 1598, supra. 15 See s.
1.01(8), Fla.
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 9600, 2012 WL 2149775
...1973), applies: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01 , F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of *878 the people of the State to redress for injuries, unless the Legislature can show an overpowering publi...
CopyPublished | Florida 3rd District Court of Appeal
...with his innocence.”) (citations omitted); see also id. 1286–90 (analyzing pre-
1776 English common law and early American case law to discern that “a
formal end to a prosecution in a manner not inconsistent with a plaintiff’s
innocence is a favorable termination”); § 2.01, Fla....
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 62693, 2011 WL 2418892
...# 16 at 19). The Court disagrees. Although a separate document, the Supply Agreement was entered into on the same day as the Operating Agreement and is amply referenced in the Operating Agreement, Florala's foundational document. ( See Doc. # 10-4 at 3; at 6, §
2.01(jj); at 9, §
6.01; at 21-22, §
15.02)....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
special act as an independent special district.1 Section 2(1) of Chapter 01-299, Laws of Florida, creates
CopyPublished | Supreme Court of Florida
...injury has been provided by statutory law predating the adoption of
the Declaration of Rights of the Constitution of the State of Florida, or
where such right has become a part of the common law of the State
pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power
to abolish such a right without providing a reasonable alternative to
protect the rights of the people of the State to redress for injuries,
unless the Legislature can show an overpo...
...or a particular injury has been
provided by statutory law predating the adoption of the Declaration of Rights of
the Constitution of the State of Florida, or where such right has become a part of
the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is
without power to abolish such a right without providing a reasonable alternative to
protect the rights of the people of the State to redress for injuries.”).
The reality is that Workers’ Compensation b...
...injury has been provided by statutory law predating the adoption of
the Declaration of Rights of the [1968] Constitution of the State of
Florida, or where such right has become a part of the common law of
the State pursuant to [section 2.01, Florida Statutes], the Legislature is
without power to abolish such a right without providing a reasonable
alternative to protect the rights of the people of the State to redress for
injuries, unless the Legislature ca...
CopyPublished | Court of Appeals for the Eleventh Circuit
Jnt. Exh. 1, p. 11) (Costco Employee Agreement, § 2.1.)). D’Onofrio “thought ‘it [was] vital [] to have
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1741
to the original Act by amendment in 1947. See Section 2 (1), Chapter 23959, Acts of 1947.) - The administration
CopyPublished | Florida 2nd District Court of Appeal
...laws' " (quoting Liberty Counsel v. Fla. Bar Bd. of Governors,
12 So. 3d
183, 191–92 (Fla. 2009))).
Sovereign immunity was part of the English common law that has
been adopted by the Florida Legislature. See Am. Home Assurance Co.,
908 So. 2d at 471; see also §
2.01, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
14 See Restatement (Second) of Agency § 2(1) (defining a “master,” that is, an employer); see
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
Authority of the City of Fort Lauderdale. See, section 2(1) of SB 776. You also note that, as provided in
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
governing head of the county hospital system. Section 2(1) of Ch. 71-789, Laws of Florida, authorized the
CopyPublished | Florida 3rd District Court of Appeal
...are hereby declared to be in full Force within this State.”);
Fitch v. Brainerd, 2 Day 163 (Conn. 1805). Indeed, the English common
law—including the doctrine of sovereign immunity—was adopted by the
Territory of Florida in 1822. Fla. Terr. Acts 1822, p. 50. See also Fla. Terr.
Acts 1823, p. 111; § 2.01, Fla....
CopyPublished | Florida 1st District Court of Appeal
...particular injury has been provided by statutory law
predating the adoption of the Declaration of Rights of the
Constitution of the State of Florida, or where such right
has become a part of the common law of the Statute
pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is
without power to abolish such a right without providing
a reasonable alternative to protect the rights of the people
of the State to redress for injuries, unless the Legislature
can show an overpowe...
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
1.6.6, by-laws. 7 Section 1.6.8, by-laws. 8 Section 2.1, by-laws. 9 The public directors are: the City
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...ows upon it. I note that a charter for Hillsborough County was adopted July 28, 1983, and is scheduled to go into effect at the same time the commissioners elected at the 1984 general election take office. See, s 10.04 of the new charter. And see, s 2.01 of the charter which states that the county government shall have all powers of local self government not inconsistent with general law; special law approved by the electorate; special laws relating, inter alia, to transportation which laws may...
...it solely affects either tax authorization not inconsistent with the charter or the relations of the county government to any governmental body having jurisdiction extending beyond the boundary of Hillsborough County; or 4) it is authorized under s 2.01 , supra, of the charter....
CopyPublished | District Court, M.D. Florida | 17 U.C.C. Rep. Serv. (West) 1324, 1975 U.S. Dist. LEXIS 14432
...unanimous agreement of the parties hereto; or (c) the valid and effective foreclosure by R.I.D.C. Fund of its security interest (or acquisition of title of the assets pursuant to said security interest) with respect to assets or inventory covered by Section 2.01 and/or Articles V and VII of the SRM Agreement....
CopyPublished | Court of Appeals for the Eleventh Circuit
or otherwise.” 1 DAN B. DOBBS, LAW ON REMEDIES, § 2.1(1), at 56 (2d ed. 1993). Others are coercive; commanding
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 54, 1995 WL 1639
during the probationary period without a hearing. Section 2(1) of the Special Act provides that the sheriff
CopyPublished | District Court of Appeal of Florida
Laws 1955, c. 29615, § 17; Laws 1959, c. 59-450, § 2.” 1 It is noted from the foregoing statute that the
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
Sincerely, Bill McCollum, Attorney General 1 Section 2(1), Ch. 2001-299, Laws of Florida. 2 Section 3(24)
CopyPublished | Court of Appeals for the Eleventh Circuit
including cashier’s checks. In relevant part, section 2.1 of the Assistance Agreement provides:
CopyPublished | Court of Appeals for the Eleventh Circuit
federal court sat. Process Act of 1789, ch. 21, § 2, 1 Stat. 93, 93. And “the laws of the several states
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
as amended by Ch. 87-529, Laws of Florida. 2 Section 2(1), Ch. 85-376, Laws of Florida. 3 Section 2(3)
CopyPublished | Court of Appeals for the Eleventh Circuit
6 those in need." Id. § 2.1(4); see also id. § 2.2(1). UNHCR has participated
CopyPublished | District Court, S.D. Florida | 1945 U.S. Dist. LEXIS 2661
...The basis of her motion to dismiss is coverture. By Territorial Act of November 6, 1829, the common law of England was expressly declared to be in force in the Territory of Florida, and that provision remains in force. Blood v. Hunt,
97 Fla. 551 ,
121 So. 886 ; Florida Statutes 1941, Section
2.01, F.S.A....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Philip Morris Companies, Inc.,
551 U.S. 142, 147 (2007). As a result, the ordinary meaning of a
statutory term “is not always co-extensive with its broadest
reach[.]” Brannon P. Denning, Bittker on Regulation of Interstate
Commerce §
2.01 (Aspen Pub....
CopyPublished | Court of Appeals for the Eleventh Circuit
limitation, when read together with language from section 2.1, which provides that “[JPMorgan] agrees to pay
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 139, 1992 WL 2006
park in Brevard County. The loan agreement in section 2.1 contained the following provision: 2.1 Commitment:
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
Section 1(1)(a), Ch. 01-246, Laws of Fla. 2 Section 2(1), Ch. 01-246, Laws of Fla. 3 See Wood v. Marston
CopyPublished | Florida 4th District Court of Appeal
...But the SYG statute we are interpreting
here does not abolish any common law right. Instead, the statute simply
augments and clarifies, without diminishing, the right to use reasonable
non-deadly force to “prevent or terminate” interference with a person’s
personal property or chattels. See § 2.01, Fla....
...the full
value of the chattel.” Restatement (Second) of Torts § 222A (1965).
There are various criminal statutes that protect personal property. See,
e.g., §
810.08, Fla. Stat. (2020) (prohibiting trespass in a structure or
conveyance); § 81
2.014, Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
professional schools not otherwise regulated. Section 2(1), Ch. 74-360. Bar review and C.P.A. exam courses
CopyPublished | Florida 1st District Court of Appeal
...centuries and is based on the principle that ‘the King can do no
wrong.’ ” Am. Home Assurance Co. v. Nat’l R.R. Passenger Corp.,
908 So. 2d 459, 471 (Fla. 2005). This doctrine is the law of Florida
through the Legislature’s adoption of the English common law. Id.
(citing §
2.01, Fla....
CopyPublished | District Court of Appeal of Florida
the acts of the legislature of this state.” (F.S.
2.01) Appellant argues that the rebuttable presumption
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
conducted under the following conditions: . . . . [Section 2(1).] "His agency" refers to the particular law
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 1457
...ruction of the leased premises. The court determined this to be a material breach on the part of the landlord and awarded $9,186.66 in damages (deposit and prepaid rent) to the tenants. The landlord directs our attention to the following language in section 2.01 of the lease: The parties recognize that Oumer is contemplating a major renovation of the Shopping Center following execution of this Lease....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
cooperation with the function of the county. Section 2. (1) of Ch. 82-375. The governing body of the district
CopyPublished | Court of Appeals for the Eleventh Circuit | 2003 WL 302103
Ordinance in turn. 1. Section 2(1) — Statement of Purpose FPTA argues that parts of section 2(1) of the Right-of-Way
CopyPublished | Court of Appeals for the Eleventh Circuit | 2003 WL 302222
Slat. 253, 42 U.S.C. § 2000e (a), was amended by § (2)(1) of the Equal Employment Opportunity Act of 1972
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
DEFINITION OF "LAW ENFORCEMENT OFFICER" SET FORTH IN SECTION 2(1) OF CH. 83-115, LAWS OF FLORIDA? 2. IS THE
CopyPublished | Florida 3rd District Court of Appeal
” Miami-Dade County, Fla., Code Ch. 2, Art. I, § 2-1, R. 4.01(n) (2020). The four-day rule governs
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 19, 2023
Orenstein, Trial Objections Handbook 2d § 2:1 (2023) (“Rule 401 adopts a very broad concept
CopyPublished | Court of Appeals for the Eleventh Circuit
violation of 20 U.S.C. § 1097(a) and 18 U.S.C. § 2. 1 Flagler was a wholly-owned subsidiary
CopyPublished | District Court of Appeal of Florida
Presbyterian Church, 1869,
13 Fla. 592, 593. . Section
2.01, B’la.Stat., E.S.A. “The common and statute
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 21, 2023
sessors); Act of July 14, 1798, ch. 75, § 2, 1 Stat. 597, 598 (1798) (“That the said tax
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 21, 2023
sessors); Act of July 14, 1798, ch. 75, § 2, 1 Stat. 597, 598 (1798) (“That the said tax
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...At common law it was the rule that any person who had not attained the age of majority as prescribed by law could not hold an office if the duties of that office required the exercise of judgment and discretion. 1 Florida has adopted the English common law. Section 2.01 , Florida Statutes, provides: "The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state;...
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
of their delivery by the enabling resolution. Section
2.01 of Article II of the resolution states that
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
83-423, Laws of Florida, effective July 1, 1983.1 Section 2(1) of the act vests in the commission the authority
CopyPublished | Florida 2nd District Court of Appeal
...Even though Florida adopted statutorily the common law of
England through July 4, 1776, it was adopted only to the extent that it
was "not inconsistent with the Constitution and laws of the United States
and acts of the Legislature of this state." Fla. Stat. § 2.01 (2025)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 27, 2023
Tower’s airspace. Specifically, they rely on section 2-1-1 of the ATCM, which provides that “[t]he primary
CopyPublished | Florida 4th District Court of Appeal
...DeMarchi, M.D., P.A. (the “Seller”), wherein
Physicians Care agreed to acquire substantially all the assets and certain
liabilities of the Seller’s medical practice.
The Asset Purchase Agreement included specific provisions for
Purchased Assets (Section
2.01), Excluded Assets (Section 2.02), Assumed
Liabilities (Section 2.03), and Excluded Liabilities (Section
2.04).
Under Section
2.01(c) of the Asset Purchase Agreement, Physicians
Care purchased “all of Seller’s right, title and interest” in “all Contracts
described in Schedule
2.01(c).” Schedule
2.01(c), in turn, listed:
“Contracts: Including but not limited to all contracts and related revenues
from such contracts (i.e., Humana, BCBS, Aetna, Cigna, etc.).”
Under Section 2.03(f) of the Asset Purchase Agreement, Physicians Care
assume...
CopyPublished | District Court, N.D. Florida | 1959 U.S. Dist. LEXIS 2931
...ecome controlling in its sphere of operation where it is so general and comprehensive as to regulate the entire subject matter. Broward v. Broward,
96 Fla. 131 ,
117 So. 691 . But, except where so modified, the common law prevails in Florida (F.S.A. §
2.01, 1957) Thomas v....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
possess the prescribed qualifications for office. Section 2(1), (2), and (3), ch. 69-1215. When the language
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2024
substantive extortion offense. See 18 U.S.C. § 2. 1 I agree with the court that Count
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2024
substantive extortion offense. See 18 U.S.C. § 2. 1 I agree with the court that Count
CopyPublished | Florida 1st District Court of Appeal
...State,
462 So. 2d 581, 582 (Fla. 4th DCA 1985) (“At
common law, a private citizen may arrest a person who in the
citizen’s presence commits a felony or breach of the peace.”).
Florida adopted the common law of England as of July 4, 1776. See
§
2.01, Fla....
...1
(Second Statute of Winchester (1285)); EDWARD COKE, 3
INSTITUTES OF THE LAWS OF ENGLAND 116–17 (1644). These
concepts came into Florida’s substantive law when the Legislature
21
adopted “[t]he common and statute laws of England . . . down to
the 4th day of July, 1776.” § 2.01, Fla....
...common law may be modified indirectly as well as directly, by a
statute which is ‘inconsistent’ with the common law in a particular
instance”); Ripley v. Ewell,
61 So. 2d 420, 421 (Fla. 1952), overruled
on other grounds by Gates v. Foley,
247 So. 2d 40 (Fla. 1971)
(explaining that section
2.01, Florida Statutes, “preserves the
common law only in those cases where it is ‘not inconsistent’ with
the acts of the Legislature,” so “[i]t is not necessary that a statute
be in direct conflict with the common law before the la...
...Fla. Stat. (authorizing the chief administrative officer of a school,
or his designee, to temporarily detain a person until a law
enforcement officer arrives, if there is probable cause to believe the
person is trespassing on school property); § 812.015(3)(a), Fla.
Stat....
...ives
immunity from criminal and civil liability for “false arrest, false
imprisonment, or unlawful detention,” provided the citizen
complies with the statutory requirements for detention. See, e.g.,
§§
493.631(9),
810.08,
810.09,
810.097(3), 81
2.015(3)(c), Fla....
CopyPublished | Florida 1st District Court of Appeal
... Am.
Home Assurance Co. v. Nat’l R.R. Passenger Corp.,
908 So. 2d 459,
471 (Fla. 2005). It “was a part of the English common law when
the State of Florida was founded and has been adopted and
codified by the Florida Legislature.” Id. (citing section
2.01, Florida
Statutes).
There are three policy justifications for this doctrine....
...ver’s 1973
enactment and now. See § 59, Revised Statutes (1892) (declaring
the “common and statute laws of England which are of a general
and not of a local nature . . . down to the 4th day of July, 1776, . . .
to be of force in this State”); § 2.01, Fla. Stat. (1973) (same); § 2.01,
Fla....
...Florida’s courts over the decades have shown their willingness
to arrogate to themselves (at the expense of the legislative power)
the authority to expand quite liberally upon the English common
law adopted by the Legislature as the substantive law. Cf. § 2.01,
Fla....
CopyPublished | Florida 4th District Court of Appeal
...[t]he family unit was the
most important association in life and therefore the foundation, not only
of civil society, but of government itself. This view of the family created a
high regard for parental rights in the common law.”).
These rights still exist today because they have not been abrogated by
statute. See § 2.01, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 8227, 1999 WL 252383
...t USA's permission, and sought injunctive relief
and compensatory damages.
USA's counterclaim also alleged that EPL breached part two of the agreement, that contained a
"Maintenance and On-going Support Services" contract. Under paragraph 2.01 of the agreement,
The Software Support Services ......
...ties had not relied
upon it in support of their motions for summary judgment. The document read, in part:
1) EPL will alter the date for the commencement of annual Software Support Services as
specified in Part II, Section 2.01 from October 1, 1989 to January 1, 1990....
CopyPublished | Court of Appeals for the Eleventh Circuit
...s permission,
and sought injunctive relief and compensatory damages.
USA’s counterclaim also alleged that EPL breached part two of the agreement, that
contained a “Maintenance and On-going Support Services” contract. Under paragraph 2.01 of
the agreement,
The Software Support Services ....
...e sense that the parties
had not relied upon it in support of their motions for summary judgment. The document read, in
part:
1) EPL will alter the date for the commencement of annual Software Support
Services as specified in Part II, Section 2.01 from October 1, 1989 to January 1,
1990....
CopyPublished | Supreme Court of Florida
...ss for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla.Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public nece...
...for trial by jury upon request so that the issue of paternity would be determined solely by the judge and (2) broadening the statute to permit “any man who has reason to believe he is the father of a child” to bring a paternity proceeding. § 742.011, Fla.Stat....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885
common law of the State pursuant to Fla. Stat. §
2.01, F.S.A.,-the Legislature is without power to abolish
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4105
...o persons adversely affected, is required to enter an appropriate order thereon. Said statute is limited in its application to the situation existing on July 4, 1776, in England (see State ex rel. Sellars v. Parker, 1924,
87 Fla. 181 ,
100 So. 260 ; Section
2.01, Florida Statutes, F.S.A.), on which date probate jurisdiction in England was vested in the Courts of Ordinaiy, with some chancery jurisdiction not relevant to this appeal....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 23093
contract and therefore a security as defined in section 2(1) of the Securities Act of 1933, 15 U.S.C. § 77b(l)
CopyPublished | Florida 4th District Court of Appeal
...By statute, the common law is the law of this
1
In addition, both parties referenced a deposition of Dr. Seidman, but the
deposition was not made part of the record.
3
state, but only to the extent that it is not inconsistent with the acts of the
legislature. See § 2.01, Fla....
...The assertion of a right to disclose communications pursuant to a
litigation privilege would add another exception to the statutory grant of
confidentiality, which would be inconsistent with the plain meaning of the
statute. Therefore, the common law privilege must give way. See § 2.01,
Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 950, 1986 Fla. App. LEXIS 7383
...1st DCA), pet. for review denied,
479 So.2d 117 (Fla.1985); Oliver v. Mercaldi,
103 So.2d 665, 668 (Fla. 2d DCA 1958). It is also clear that the common law shall have continuing force and effect where the Legislature has not acted to change it. See §
2.01, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
agreement to wind up and dissolve the company. Section 2.1 of the agreement provided the respondent shall
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 5460, 2003 WL 1889146
...The duty to provide the letter of credit arose on August 20, 1999. It was not provided, even by the extended deadline, and under the evidence presented, its provision was not excused by the Landlord’s failure to make roof repairs. AFFIRMED. PALMER and TORPY, JJ., concur. . Section 2.01....
CopyPublished | Florida 3rd District Court of Appeal
...“dedication of land,” but rather a fee simple conveyance with an automatic
3
The common law is still in effect in Florida today, except where it has been
repealed or substituted by statute. See Richardson v. Holman,
33 So. 2d
641 (Fla. 1948). See also §
2.01, Fla....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 233, 2001 Fla. LEXIS 732, 2001 WL 359524
and safety of the citizens of the City, that Section
2.01(d) of the City Charter does not require that
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12640
...ortium and the right of a parent to the services and companionship of his or her child. Therefore, as in the case of the wife’s right to spousal consortium, the child’s right to parental consortium has become a part of the common law pursuant to § 2.01, Fla.Stat....
