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Florida Statute 6.05 - Full Text and Legal Analysis
Florida Statute 6.05 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 6.05 Case Law from Google Scholar Google Search for Amendments to 6.05

The 2025 Florida Statutes

Title II
STATE ORGANIZATION
Chapter 6
ADMISSION INTO UNION; CONCESSIONS; STATE BOUNDARIES
View Entire Chapter
6.05 Transfer of title and jurisdiction over land owned by state.—Whenever a tract of land containing not more than 4 acres shall be selected by an authorized officer or agent of the United States for the bona fide purpose of erecting thereon a lighthouse, beacon, marine hospital, or other public work, and the title to the said land shall be held by the state, then on application by the said officer or agent to the Governor of this state, the said executive may transfer to the United States the title to, and jurisdiction over, said land; provided, always, that the said transfer of title and jurisdiction is to be granted and made, as aforesaid, upon the express condition that this state shall retain a concurrent jurisdiction with the United States, in and over the lands so to be transferred, and every portion thereof, so far that all process, civil or criminal, issuing under authority of this state, or any of the courts or judicial officers thereof, may be executed by the proper officer thereof, upon any person amenable to the same, within the limits and extent of the lands so ceded, in like manner and to like effect as if this law had never been passed; saving, however, to the United States, security to their property within said limits or extent. The said lands shall hereafter remain the property of the United States and be exempt from taxation as long as they shall be needed for said purposes.
History.—ss. 1, 2, ch. 630, 1855; RS 10; GS 8; RGS 8; CGL 8.

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Amendments to 6.05


Annotations, Discussions, Cases:

Cases Citing Statute 6.05

Total Results: 166  |  Sort by: Relevance  |  Newest First

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Grider v. City of Auburn, Ala., 618 F.3d 1240 (11th Cir. 2010).

Cited 446 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 18693, 2010 WL 3464717

Alabama. Brown, 608 F.3d at 741. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing
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Harold T. McCormick v. R. B. Kent, III, 293 F.3d 1254 (11th Cir. 2002).

Cited 431 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 10993, 2002 WL 1274043

9 The Alabama Medical Liability Act § 6-5-482(a), Ala.Code (1975), imposes a limitations
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Brown v. City of Huntsville, Ala., 608 F.3d 724 (11th Cir. 2010).

Cited 417 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 11480, 2010 WL 2243877

discretionary-function immunity in Alabama. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing
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Roe v. Michelin North Am., Inc., 613 F.3d 1058 (11th Cir. 2010).

Cited 410 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 16190, 2010 WL 3033802

negligence if it had not caused death." ALA.CODE § 6-5-410. The statute's goal is to prevent death, not
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City of Tuscaloosa v. Harcros Chemicals, Inc., 158 F.3d 548 (11th Cir. 1998).

Cited 371 times | Published | Court of Appeals for the Eleventh Circuit | 50 Fed. R. Serv. 422, 1998 U.S. App. LEXIS 27922, 1998 WL 740059

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993). 8 The fourth count of the
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Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353 (11th Cir. 1996).

Cited 333 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 4931, 1996 WL 93821

1995), common law and statutory fraud, Ala.Code § 6-5-100, et seq (1975), and civil conspiracy
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Taylor Ex Rel. Est. of Mason v. Adams, 221 F.3d 1254 (11th Cir. 2000).

Cited 291 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 19183, 2000 WL 1140676

3d at 1236 (observing, in dicta, that Ala.Code § 6-5-338, which grants discretionary-function immunity
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Melvin Alan Wood v. Michael Kesler, individually & in his capacity as an Alabama State Trooper, Brian Jones, 323 F.3d 872 (11th Cir. 2003).

Cited 238 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 3857, 2003 WL 722756

of his or her law enforcement duties.” Ala.Code § 6-5-338. 19 “Under discretionary-function-immunity
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Edward Shaw v. City of Selma, 884 F.3d 1093 (11th Cir. 2018).

Cited 184 times | Published | Court of Appeals for the Eleventh Circuit

or her law enforcement duties." Ala. Code § 6-5-338 (a). Discretionary functions are
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Belcher v. City of Foley, 30 F.3d 1390 (11th Cir. 1994).

Cited 125 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 444783

Alabama’s wrongful death statute, Ala.Code Ann. § 6-5-410 (1993). The individual defendants moved for
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United States v. Gloria Santa, A.K.A. Gloria Santa-Betancur, 236 F.3d 662 (11th Cir. 2001).

Cited 116 times | Published | Court of Appeals for the Eleventh Circuit

L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have found “anticipatory
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Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall, 245 F.3d 1299 (11th Cir. 2001).

Cited 114 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 5204

bad faith. R2-29-6-7; see Ala.Code § 6-5-338(a). In addressing discretionary-function immunity
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L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corp. Hessco Indus. Supply, Inc., a Corp. Fred Z. Hester, an Individual, 735 F.2d 414 (11th Cir. 1984).

Cited 114 times | Published | Court of Appeals for the Eleventh Circuit | 39 Fed. R. Serv. 2d 733, 1984 U.S. App. LEXIS 20972

account fully for the procedural bar of Ala. Code § 6-5-440 (1975) (discussed supra at note 17)
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In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing Tr., 869 F.2d 1434 (11th Cir. 1989).

Cited 109 times | Published | Court of Appeals for the Eleventh Circuit | 20 Collier Bankr. Cas. 2d 1140, 1989 U.S. App. LEXIS 4821, 1989 WL 25699

after a foreclosure sale takes place, Ala. Code § 6-5-230 (1975). Neither of these rights vanishes
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1998-2 Trade Cases P 72,307, 12 Fla. L. Weekly Fed. C 217 City of Tuscaloosa Mun. Utils. Bd. of Albertville, Auburn Water Works Bd. Jasper Water Works & Sewer Bd., Inc., Plaintiffs-Intervenors-Appellants v. Harcros Chemicals, Inc. Jones Chemicals, Inc., 158 F.3d 548 (11th Cir. 1999).

Cited 105 times | Published | Court of Appeals for the Eleventh Circuit

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993).8 The fourth count of the plaintiffs'
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Sheth v. Webster, 145 F.3d 1231 (11th Cir. 1998).

Cited 103 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 15038, 1998 WL 362594

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became
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Rickey E. Haney v. Mizell Mem'l Hosp., a Corp. Dr. John Meigs, 744 F.2d 1467 (11th Cir. 1984).

Cited 73 times | Published | Court of Appeals for the Eleventh Circuit | 40 Fed. R. Serv. 2d 338, 16 Fed. R. Serv. 1220, 1984 U.S. App. LEXIS 17331

Alabama Supreme Court has interpreted Ala.Code § 6-5-484 (1975) to require physicians
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Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus Cnty., Florida, Robert A. Butterworth, 29 F.3d 1495 (11th Cir. 1994).

Cited 72 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 23252, 1994 WL 419484

prevent the violation of this Ordinance. Section 6-5. Emergency Adoption and Effective Date.
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Jones v. Dillard's, Inc., 331 F.3d 1259 (11th Cir. 2003).

Cited 71 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 10942, 92 Fair Empl. Prac. Cas. (BNA) 28, 2003 WL 21250859

Ezell, 757 So.2d 423, 429 (Ala.2000); Ala.Code § 6-5-101 (1975). Even construing the evidence in a light
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Suntree Tech., Inc. v. Ecosense Int'l, Inc., 693 F.3d 1338 (11th Cir. 2012).

Cited 69 times | Published | Court of Appeals for the Eleventh Circuit | 104 U.S.P.Q. 2d (BNA) 1307, 2012 WL 3832458, 2012 U.S. App. LEXIS 18658, 23 Fla. L. Weekly Fed. C 1497

... Case: 11-13916 Date Filed: 09/05/2012 Page: 5 of 24 application for such acceptance will not be considered by the Engineer until after the Effective Date of the Agreement. (emphasis added). Section 6.05 of the bidding documents provided that “[w]henever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance and quality required.” Section 6.05 also set forth the process a contractor must go through in order to gain approval for an “or equal” item of material or equipment....
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Lucero v. Trosch, 121 F.3d 591 (11th Cir. 1997).

Cited 66 times | Published | Court of Appeals for the Eleventh Circuit | 38 Fed. R. Serv. 3d 820, 1997 U.S. App. LEXIS 23591, 1997 WL 525439

under Alabama nuisance law. See Ala.Code § 6-5-120 et seq. The district court denied
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Bertha Morrison v. Washington Cnty., Alabama, 700 F.2d 678 (11th Cir. 1983).

Cited 66 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 29613

state law claim for wrongful death, Ala.Code Section 6-5-410 (1975), in favor of the hospital. The district
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Green v. Jefferson Cnty. Comm'n, 563 F.3d 1243 (11th Cir. 2009).

Cited 62 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 6953, 2009 WL 819374

commencing their action and, thereby, violated § 6-5-20 et seq., Ala.Code 1975. On September 17, 2007
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William Castleberry v. Goldome Credit Corp., 408 F.3d 773 (11th Cir. 2005).

Cited 60 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 8072, 2005 WL 1076616

781, 788 (Ala.1997); see also Ala.Code § 6-5-101. In analyzing the “false representation” element
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Paul L. Spain v. Brown & Williamson, 363 F.3d 1183 (11th Cir. 2004).

Cited 51 times | Published | Court of Appeals for the Eleventh Circuit | 17 Fla. L. Weekly Fed. C 355

pursuant to Alabama's Wrongful Death Act, Ala.Code § 6-5-410. That act authorizes lawful representatives
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Holley Equip. Co., a Corp. v. Credit All. Corp., a Corp., 821 F.2d 1531 (11th Cir. 1987).

Cited 49 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 9638

F.2d 1538, 1544 (11th Cir.1985). Ala.Code § 6-5-101 (1977) provides: “[misrepresentations of a material
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Trumpet Vine Investments, N v. v. Union Capital Partners I, Inc., 92 F.3d 1110 (11th Cir. 1996).

Cited 46 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 22059, 1996 WL 455512

and the parties under the principles stated in § 6. 5 (2) Contacts to be taken into account
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In Re Bruce Craig Smith, Debtor. Com. Fed. Mortg. Corp. v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing Tr., 85 F.3d 1555 (11th Cir. 1996).

Cited 45 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 15299, 29 Bankr. Ct. Dec. (CRR) 465, 1996 WL 312124

statutory right of redemption under Alabama Code § 6-5-251 (1993). On December 29, 1993, Smith filed a
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Alex Wayne Morton v. Jeremy Kirkwood, 707 F.3d 1276 (11th Cir. 2013).

Cited 40 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 471618, 2013 U.S. App. LEXIS 2754

of his or her law enforcement duties.” Ala.Code § 6-5-338(a). This includes acts arising from the “enforcement
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Belinda Kay McKinnon v. Blue Cross & Blue Shield of Alabama, a Corp., 935 F.2d 1187 (11th Cir. 1991).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 13 Employee Benefits Cas. (BNA) 2611, 1991 U.S. App. LEXIS 14995, 1991 WL 111142

participant or beneficiary based on Alabama Code § 6-5-462, which states that claims upon which an action
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William S. Kaye, as Receiver for Barterline, Ltd. v. Pawnee Constr. Co., Inc., Birmingham Trust Nat'l Bank, 680 F.2d 1360 (11th Cir. 1982).

Cited 38 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 17240

misrepresentation, Ala.Code § 6-5-101; suppression of material facts, Ala.Code § 6-5-102; and willful misrepresentation
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Old Repub. Union Ins. v. Tillis Trucking Co., 124 F.3d 1258 (11th Cir. 1997).

Cited 35 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 28422, 1997 WL 605625

(1) the Alabama Wrongful Death Statute, Ala.Code § 6-5-410, is unconstitutional; (2) the Alabama Wrongful
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Fed. Deposit Ins. Corp., in Its Corp. Capacity v. Grady P. Morrison, 747 F.2d 610 (11th Cir. 1984).

Cited 34 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 16450

a statutory right of redemption under Ala.Code § 6-5-230 (1975). This statutory right, though similar
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Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. De Navegacion, 773 F.2d 1528 (11th Cir. 1985).

Cited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1986 A.M.C. 1, 1985 U.S. App. LEXIS 21852

1 Stat. 276. . Act of Aug. 23, 1842, ch. 188, § 6, 5 Stat. 518 (codified as amended in 28 U.S.C. § 2072
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Hollis Miles v. Tennessee River Pulp & Paper Co., a Foreign Corp., 862 F.2d 1525 (11th Cir. 1989).

Cited 31 times | Published | Court of Appeals for the Eleventh Circuit | 13 Fed. R. Serv. 3d 387, 1989 U.S. App. LEXIS 170, 1989 WL 25

Cir.1982). 6 . Ala.Code § 6-5-102 (1975). 7 . Crowder v
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Hardin v. Hayes, 52 F.3d 934 (11th Cir. 1995).

Cited 30 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 11939, 1995 WL 258673

their treatment of Houseal. See Ala.Code § 6-5-410(a) (1993). Furthermore, for the purpose of the
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Roger D. Hovater, Cross-Appellant v. Equifax, Inc., Equifax Servs., Inc., & Equifax Servs., Ltd., Defendants- Cross-Appellees, 823 F.2d 413 (11th Cir. 1987).

Cited 28 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 10105, 56 U.S.L.W. 2085

285 Ala. 454, 233 So.2d 465, 468 (1970); Ala.Code § 6-5-102 (1975). The district court found that the statute
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Robert E. Wright v. Amsouth Bancorp., 320 F.3d 1198 (11th Cir. 2003).

Cited 27 times | Published | Court of Appeals for the Eleventh Circuit | 56 Fed. R. Serv. 3d 1288, 2003 U.S. App. LEXIS 2016, 91 Fair Empl. Prac. Cas. (BNA) 41, 2003 WL 245588

brought a fraud claim under Alabama Code (1975) § 6-5-100 et. seq., alleging that AmSouth “represented
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Glazner v. Glazner, 347 F.3d 1212 (11th Cir. 2003).

Cited 26 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 21014, 2003 WL 22351449

Moreover, in its opinion, the Court cites Ala.Code § 6-5-370 to suggest that Mr. Glazner’s conduct exposed
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Marshall v. Hollywood, Inc., 236 So. 2d 114 (Fla. 1970).

Cited 26 times | Published | Supreme Court of Florida

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The
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City of Miami v. St. Joe Paper Co., 364 So. 2d 439 (Fla. 1978).

Cited 25 times | Published | Supreme Court of Florida

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The
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Carolyn N. Hess, Adm'x of the Est. of David Milano, Deceased v. Bob Eddy, 689 F.2d 977 (11th Cir. 1982).

Cited 24 times | Published | Court of Appeals for the Eleventh Circuit | 35 Fed. R. Serv. 2d 78, 1982 U.S. App. LEXIS 24661

case, Alabama’s wrongful death statute, Ala.Code § 6-5-410 (1977), provides for a two-year limitations
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Intercorp, Inc. v. Pennzoil Co., Pennzoil Prods. Co., a Div. of Pennzoil Co., Intercorp, Inc. v. Pennzoil Co., 877 F.2d 1524 (11th Cir. 1989).

Cited 21 times | Published | Court of Appeals for the Eleventh Circuit | 9 U.C.C. Rep. Serv. 2d (West) 454, 1989 U.S. App. LEXIS 10771, 1989 WL 73724

by the opposite party, constitute legal fraud. § 6-5-101. Thus, to recover damages for misrepresentation
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St. Paul Fire & Marine Ins. v. ERA Oxford Realty Co. Greystone, LLC, 572 F.3d 893 (11th Cir. 2009).

Cited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 13805, 2009 WL 1757162

violation of Alabama antitrust statute, Ala.Code § 6-5-60; and (9) civil conspiracy to commit the violations
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Randolph Cnty. v. Alabama Power Co., 784 F.2d 1067 (11th Cir. 1986).

Cited 20 times | Published | Court of Appeals for the Eleventh Circuit

law. Alabama law on fraud, codified in Ala.Code § 6-5-100 to 104 (1975), Barrett v. Farmers & Merchants
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S. Bank of Lauderdale Cnty. v. Internal Revenue Serv., United States of Am., Mid-State Homes, Inc. v. United States, 770 F.2d 1001 (11th Cir. 1985).

Cited 19 times | Published | Court of Appeals for the Eleventh Circuit | 56 A.F.T.R.2d (RIA) 5952, 1985 U.S. App. LEXIS 23060

6 . See Ala.Code § 6-5-230 to § 6-5-246 (1977). 7 . Southern Bank
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Christian Lewis v. Sheila D. Moore, 886 F.3d 1058 (11th Cir. 2018).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit

Liability Act (AMLA), Ala. Code § 6-5-480 et seq. and § 6-5-540 et seq. (1975),
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Marija Wolff, Individually &/or as of the Est. of C. Robert Wolff v. Allstate Life Ins. Co., 985 F.2d 1524 (11th Cir. 1993).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 5202, 1993 WL 56828

Alabama are governed by statutory authority: § 6-5-102. Suppression of material facts. Suppression
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Akanthos Capital Mgmt., LLC v. Compucredit Holdings Corp., 677 F.3d 1286 (11th Cir. 2012).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 1414247, 2012 U.S. App. LEXIS 8359

...itten agreement intend is what they say in their writing. Thus, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its 8 Plaintiffs also argue that because Section 6.05 of the indentures gives the majority the ability to direct the “time, method and place of conducting any proceeding for any remedy available to the Trustee” and Section 6.06(e) of the indentures gives the majority veto power over Trustee actions, the majority de facto controls litigation proceedings. Plaintiffs reason that demanding compliance with the other conditions of the trustee demand exception to the no- action clause is futile and serves no purpose because Plaintiffs hold ultimate control. However, Section 6.05 of the indentures also states that “the Trustee may refuse to follow any direction [by the majority] that conflicts with law or this Indentures or that Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability....
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State of Alabama v. PCI Gaming Auth., 801 F.3d 1278 (11th Cir. 2015).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 15692, 2015 WL 5157426

nuisance under Alabama law. See Ala.Code § 6-5-121 (authorizing Alabama to bring a lawsuit to abate
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Jackson v. Pleasant Grove Health Care Ctr., 980 F.2d 692 (11th Cir. 1993).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 2

caused Russell's wrongful death. See Ala.Code § 6-5-542(2). The district court granted Pleasant Grove's
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Oppenheimer & Co., Inc. v. Young, 456 So. 2d 1175 (Fla. 1984).

Cited 15 times | Published | Supreme Court of Florida | 9 Fla. L. Weekly 420, 1984 Fla. LEXIS 3422

purchasers of securities under such federal laws. Section 6[5] granted jurisdiction to the courts of this state
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Altosino v. Warrior & Gulf Navigation Co., 121 F.3d 1421 (11th Cir. 1997).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 23811, 1997 WL 534236

that the Aabama wrongful death statute, Aa.Code § 6-5-410 (1993),1 applied to all aspects of the wrongful
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Shaw v. State Farm Fire & Cas. Co., 37 So. 3d 329 (Fla. 5th DCA 2010).

Cited 13 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 6292, 2010 WL 1812596

7 Fla. Prac., Motor Vehicle No-Fault Law (PIP) § 6:5 (2009-2010 ed.)
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Charles Desmond Tucker v. Frank Edward Fearn, Judy Fearn, 333 F.3d 1216 (11th Cir. 2003).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2003 A.M.C. 1705, 2003 U.S. App. LEXIS 11536, 2003 WL 21338926

under Alabama’s wrongful death statute, Ala.Code § 6-5-410. The Fearns moved to strike Tucker’s general
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United States v. Mary Lee Banshee, A/K/A Mary Lee Johnson, 91 F.3d 99 (11th Cir. 1996).

Cited 11 times | Published | Court of Appeals for the Eleventh Circuit

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) (“[wjhere, for example, only a very limited
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Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994).

Cited 11 times | Published | Supreme Court of Florida | 1994 WL 620851

problem when it included section 6.5 in its declaration of condominium. Section 6.5 provides that any lien
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Kolsky v. Jackson Square, LLC, 28 So. 3d 965 (Fla. 3d DCA 2010).

Cited 11 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2081, 2010 WL 624122

affairs and is granted broad powers. Specifically, section 6.5(c) of the Wagner operating agreement and 6.3(h)
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Carlton G. Springer, Sr., as Adm'r of the Est. of Bettie I. Springer, Deceased v. Charles Ray Bryant & Tennessee Valley Auth., 897 F.2d 1085 (11th Cir. 1990).

Cited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 4653, 1990 WL 27243

the Alabama wrongful death statute, 1975 Ala.Code § 6-5-410, and sought to recover punitive damages.
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Williams v. Lee Cnty., Alabama, 78 F.3d 491 (11th Cir. 1996).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 2382, 1996 WL 103880

wrongful death claim under Ala. Code § 6-5-410, arising out of the jail suicide of his son
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Est. of Gilliam Ex Rel. Waldroup v. City of Prattville, 639 F.3d 1041 (11th Cir. 2011).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 8485, 2011 WL 1544818

Under the Alabama survivorship statute, Ala.Code § 6-5-462, unfiled personal injury claims do not survive
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Indus. Partners, Ltd., an Illinois Ltd. P'ship v. Csx Transp., Inc., a Virginia Corp., 974 F.2d 153 (11th Cir. 1992).

Cited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 24333, 1992 WL 224552

So.2d 186, 188 n. 2 (Ala.1991) (citing ALA.CODE § 6-5-101). Issues which may need to be addressed include
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Carol Morris, Adm'x of the Est. of Linda Louis Grimes, Deceased v. Sse, Inc., 912 F.2d 1392 (11th Cir. 1990).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit | 12 U.C.C. Rep. Serv. 2d (West) 628, 1990 U.S. App. LEXIS 16911, 1990 WL 129268

which has a two-year limitations period. Ala.Code § 6-5-410 (1975). As we have noted, the appellant failed
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Sawyer v. Modrall, 286 So. 2d 610 (Fla. 4th DCA 1973).

Cited 8 times | Published | Florida 4th District Court of Appeal

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The
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Riley v. Willis, 585 So. 2d 1024 (Fla. 5th DCA 1991).

Cited 8 times | Published | Florida 5th District Court of Appeal | 1991 WL 159168

the jury on Hernando County Ordinance 86-2, section 6-5, the local leash law: The owner, harborer, keeper
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In Re Miami Gen. Hosp. Inc., 89 B.R. 980 (Bankr. S.D. Fla. 1988).

Cited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 1433

...trine of implied assumption. Under that doctrine, which was sometimes used under the Bankruptcy Act, a contract was deemed to have been assumed by virtue of post-petition conduct. See, Broude, Reorganizations Under Chapter 11 of the Bankruptcy Code, § 6.05(5) at 6-35 (1987 ed.); see also In Re Public Ledger, Inc., 161 F.2d at 762 (3d Cir.1947)....
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T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011).

Cited 7 times | Published | Florida 5th District Court of Appeal

Florida law].”); 23 Fla. Prac., Florida Family Law § 6:5 (2011) (“a child cannot legally have two fathers
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First Alabama Bank of Montgomery, N.A. v. First State Ins., 899 F.2d 1045 (11th Cir. 1990).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

(1957). Ellis, 409 F.Supp. at 1157; see ALA. CODE § 6-5-101 to § 102 (1975). Furthermore, the fraud of suppression
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P & S Bus. MacHines Inc. v. Olympia U.S.A., Inc., a Corp., & Robert Morris, 707 F.2d 1321 (11th Cir. 1983).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 26426

and proximate consequences of the fraud. Ala.Code § 6-5-101 (1975); Fidelity and Casualty Co. v. J
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Roger Rankin Enter., Inc. v. Green, 433 So. 2d 1248 (Fla. 3d DCA 1983).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19689

same manner as other states, see, e.g., Ala. Code § 6-5-285 (1975); Miss. Code Ann. § 11-7-12 (1972), as
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Constr. Aggregate Transp., Inc. v. Florida Rock Indus., Inc., 710 F.2d 752 (11th Cir. 1983).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit

See generally I E. Kintner, Federal Antitrust Law § 6.5, at 294 n. 41 (1980); I P. Areeda & D. Turner, Antitrust
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United States v. Blasco, 702 F.2d 1315 (11th Cir. 1983).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 13 Fed. R. Serv. 479

and search). See 2 W. LaFave, Search and Seizure §)6.5 (1978). Because the protections of the fourth amendment
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Reyes v. Claria Life & Health Ins. Co., 190 So. 3d 154 (Fla. 3d DCA 2016).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4033, 2016 WL 1039131

compel arbitration, both of which were based upon Section 6.5 of the Certificate, entitled “Arbitration, Legal
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Cunningham v. Fleetwood Homes of Georgia, Inc., 253 F.3d 611 (11th Cir. 2001).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 11759, 2001 WL 618262

Manufacturer’s Liability Doctrine, Ala.Code 1975, § 6-5-500, et seq., and violations of the Magnu-son-Moss
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Bradford v. Bruno's, Inc., 41 F.3d 625 (11th Cir. 1995).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 33, 1995 WL 304

collateral source statutes. One of them, Ala.Code § 6-5-522 (1993), applies only to products liability actions
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Melissa Ann Bobo v. Tennessee Valley Auth., 855 F.3d 1294 (11th Cir. 2017).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 41 I.E.R. Cas. (BNA) 1781, 2017 WL 1488237, 2017 U.S. App. LEXIS 7364

of [asbestos] litigation,” citing Alabama Code § 6-5-682. All that section does, however, is limit the
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Northland Cas. Co. v. HBE Corp., 145 F. Supp. 2d 1310 (M.D. Fla. 2001).

Cited 4 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 6788, 2001 WL 557590

significant relationship under the principles stated in § 6[5] to the transaction and the parties, *1314 in which
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Jackson v. Smith, 927 F.2d 544 (11th Cir. 1991).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 13 Employee Benefits Cas. (BNA) 1802, 136 L.R.R.M. (BNA) 2965, 1991 U.S. App. LEXIS 4485

...1 4 On April 3, 1989, the Board submitted the increase question to the American Arbitration Association ("AAA"). On May 3, 1989, the Employer Trustees withdrew their consent to arbitration by the AAA, claiming that the increase issue was not an arbitrable matter under the Plan. The Employer Trustees noted that Section 6.05 expressly declares that any change in benefits, upward or downward, "shall be made through an amendment to this Plan" and that Section 14.01 states that the Plan may be amended "by the vote of seventy-five percent (75%) of all Trustees."...
...ect to arbitration, (2) that the action of the Employer Trustees in withdrawing their consent to arbitration violated the terms of the Plan, 2 and (3) that, because Section 14.01 requires a seventy-five percent affirmative vote to amend the Plan and Section 6.05 requires an amendment in order to increase benefits, any vote of less than seventy-five percent created a deadlock within the meaning of the Labor Management Relations Act ("LMRA"), 29 U.S.C....
...ted benefit increase proposal to arbitration. See Geigle v. Flacke, 768 F.2d 259, 262 (8th Cir.1985); Hauskins v. Stratton, 721 F.2d 535, 537 (5th Cir.1983); Hawkins v. Bennett, 704 F.2d 1157, 1162 (9th Cir.1983). 11 The Employer Trustees argue that Section 6.05 of the Plan specifically states that any change in benefits, upward or downward, "shall be made though an amendment" to the Plan....
...an to increase benefits. The Eighth Circuit stated that under such circumstances a benefit increase is an administrative matter. 13 By contrast, Section 6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits. Moreover, Section 6.05 expressly outlines the procedure for changing the level of benefits, stating that a change, either upward or downward, "shall be made through an amendment to this Plan." Finally, Section 14.01 of the Plan states that an amendment to the Plan requires approval of seventy-five percent of the Trustees....
...The weakness of this argument is that it reads each section of the Plan in isolation and makes no attempt to give meaning and effect to every section. See Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund v. Conquer Cartage Co., 753 F.2d 1512, 1518 (9th Cir.1985). Section 6.05 expressly states that changes in benefits require amendments and Section 14.01 requires amendments to obtain seventy-five percent approval....
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United States v. Franz, 818 F. Supp. 1478 (M.D. Fla. 1993).

Cited 4 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 9913, 1993 WL 113525

...of FDA approval." Id. The term "hearing," however, "undoubtedly has a host of meanings." United States v. Florida East Coast Railway Company, 410 U.S. 224, 239, 93 S.Ct. 810, 818, 35 L.Ed.2d 223 (1973) (citing 1 K. Davis, Administrative Law Treatise § 6.05 (1st ed....
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Mississippi Valley Title Ins. Co. v. J. Garrison Thompson, 754 F.3d 1330 (11th Cir. 2014).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 2766190, 2014 U.S. App. LEXIS 11514

“legal service” within the meaning of Ala.Code § 6-5-574, when he performs a title search, analyzes documents
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DR Horton, Inc.-Jacksonville v. Peyton, 959 So. 2d 390 (Fla. 1st DCA 2007).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 1730106

...Horton brought an action challenging the mayor's veto of a resolution of the Jacksonville City Council (Council) which had approved a so-called "fair share assessment contract" by which Horton was authorized to undertake a proposed development in the Baymeadows area of the City. Under section 6.05 of the City's Charter, the mayor does not possess the authority to veto, among other actions of the Council, "quasi-judicial decisions made by the council." Thus, the issue before us is whether the Council's decision approving the Horton resolution was quasi-judicial in nature....
...The Council considered overriding the veto, but failed to do so by a vote of 2 to 16. Horton filed a petition for a writ of quo warranto in the circuit court for Duval County, asserting that in vetoing the resolution the mayor exceeded his authority under section 6.05 of the City's Charter....
...the Court appears on the surface to be simple and discrete: Did the Mayor have the legal authority to veto the Council Resolution approving the Fair Share Assessment Agreement between Horton and the City? Any veto power the Mayor has is derived from Section 6.05, Jacksonville Municipal Code....
...Schragger, Can Strong Mayors Empower Weak Cities? On the Power of Local Executives in a Federal System, 115 Yale L.J. 2542, 2544-45, 2570-77 (2006). The City's Charter allocates executive and legislative power and responsibility between the mayor and the Council respectively. § 4.02, Jacksonville Charter. Charter section 6.05 provides broad veto power to the mayor, restricting the veto authority in only seven specific areas, as follows: Section 6.05....
...Thus, to determine the judiciary's standard of review, a court must first determine whether the action under review was legislative or quasi-judicial. In the case under review, however, we are considering the scope of the mayor's veto authority granted under section 6.05 of the City's Charter, not the standard of review that constrains the scope of judicial review. Further, we are not concerned with a matter of the executive branch (the mayor) deferring to the legislative branch (the Council), but a matter of interpretation of a provision of the City's Charter. Section 6.05 of the Charter prohibits the mayor from vetoing the Council's quasi-judicial actions, but allows the mayor to veto the Council's policy-making legislative actions....
...those of Snyder, Yusem and Coastal Development, might lead us to adopt different definitions in the context of the case before us, our discussion of these terms here should be seen as solely relating to the restriction on the mayor's authority under section 6.05 of the Charter....
...Coastal Development of North Florida, Inc., 730 So.2d 792, 794 (Fla. 1st DCA 1999); italics supplied by Supreme Court). The Court emphasized that "our conclusion in this case reinforces our policy underlying Yusem, which was to promote uniformity and certainty in land use planning decisions." Id. We read section 6.05 of the Charter as granting to the mayor a role equal to the Council in policy-making decisions....
...oting Coastal Development, 730 So.2d at 794). For these reasons, we conclude that the Council's resolution approving Horton's fair share contract was not a quasi-judicial action. Thus, the Council's action was subject to the mayor's veto power under section 6.05 of the Charter....
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MIRACLE Ctr. v. Scandinavian Health Spa, 889 So. 2d 877 (Fla. 3d DCA 2004).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2727762

...mmon area expenses. According to the lease, the proportionate share is the ratio of the gross floor area of the Tenant's space to the gross leasable floor area of the entire complex. The procedure for payment of the common area costs is set forth in Section 6.05 of the lease agreement....
...lating [common area expenses] or did so intentionally, with evidence to support both theories before the court, the result is the same. [Miracle] waived its right to include the ... area for the purpose of calculating common area expenses under ... [Section 6.05 of the lease]." [e.s.] It has consistently been held that waiver encompasses not only the intentional or voluntary relinquishment of a known right, but also conduct that warrants an inference of the relinquishment of a known right....
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Cortina v. Sovran Bank, N.A., 927 F. Supp. 439 (S.D. Fla. 1994).

Cited 3 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 20934, 1994 WL 901931

took any action to terminate the SERP pursuant to § 6.5. Rather, in footnote 16 of his opposing memorandum
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Titus v. State, 696 So. 2d 1257 (Fla. 4th DCA 1997).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 360959

Wayne R. LaFave, SEARCH AND SEIZURE, (3rd ed.) § 6.5(d). Since McDonald, several courts have addressed
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Gilmere v. City of Atlanta, 864 F.2d 734 (11th Cir. 1989).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 1151

issue before the court in Wilson. . See Ala.Code § 6-5-410; Ga.Code §§ 51-4-1 and 51-4-5; Fla.Stat.Ann
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Oxford Furniture Companies, Inc. v. Drexel Heritage Furnishings, Inc., 984 F.2d 1118 (11th Cir. 1993).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 3436

558 So.2d 903, 905 (Ala.1990). See Ala.Code § 6-5-102 (1975). Drexel argues that Oxford failed to
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Commonwealth Land Title Ins. v. Poe (In Re Poe), 477 F.3d 1317 (11th Cir. 2007).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2007 WL 438335

interpret Alabama’s redemption statute, Ala.Code § 6-5-248, in the context of a messy set of facts involving
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Canida v. Canida, 751 So. 2d 647 (Fla. 3d DCA 1999).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1241948

with" or "residing with" requirement. See, e.g., § 6-5-380, Ala.Code (1993)(amended in 1994 to "care or
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Versiglio v. Bd. of Dental Examiners of Alabama, 651 F.3d 1272 (11th Cir. 2011).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 18 Wage & Hour Cas.2d (BNA) 10, 2011 U.S. App. LEXIS 17802, 2011 WL 3759637

functions of any group, person, or persons." Id. § 6-5-340(a)(7). The Alabama Administrative Procedure
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Mississippi Valley Title Ins. Co. v. J. Garrison Thompson, 802 F.3d 1248 (11th Cir. 2015).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 17140, 2015 WL 5693118

“legal service” within the meaning of Ala.Code § 6-5-574 when he performs a title search, forms an unwritten
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Steadham v. Sanders, 941 F.2d 1534 (11th Cir. 1991).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 21832

Alabama Code § 6-5-20 (1975). Section 6-5-20 reads as follows: 3 § 6-5-20. Presentment
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Spain v. Brown & Williamson Tobacco Corp., 363 F.3d 1183 (11th Cir. 2000).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

pursuant to Alabama’s Wrongful Death Act, Ala.Code § 6-5^410. That act authorizes lawful representatives
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City of Coconut Creek v. Broward Cty. Bd., 430 So. 2d 959 (Fla. 4th DCA 1983).

Cited 2 times | Published | Florida 4th District Court of Appeal

...hority for plat approval of development projects, within and without the municipalities, in the county. We affirm. Broward County acquired charter county status on March 1, 1975. Article VI of the Broward County Charter deals with land use planning. Section 6.05(D) of Article VI, amended in November, 1976, sets forth the requirement of a county land use plan to be adopted by the Board and provides that local governments may submit plans for certification also....
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PMI Inv., Inc. v. Rose (In Re Prime Motor Inns, Inc.), 167 B.R. 261 (Bankr. S.D. Fla. 1994).

Cited 2 times | Published | United States Bankruptcy Court, S.D. Florida.

audited financial statements as required under section 6.5 of the PMI Loan Agreement because the PMI Borrowers
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Foxworth Ex Rel. Est. of Durden v. Kia Motors, 377 F. Supp. 2d 1196 (N.D. Fla. 2005).

Cited 2 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 18587, 2005 WL 1690601

non conveniens grounds pursuant to Ala.Code 1975, § 6-5-430.[4] Defendants then filed a petition for writ
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Auto-Owners Ins. Co. v. Johnson, Rast & Hays Ins. of South Alabama, Inc., 820 F.2d 380 (11th Cir. 1987).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 8133

mistake or innocently.” See Ala.Code § 6-5-101 (1977). The special interrogatory returned by
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Everett v. City of Tallahassee, 840 F. Supp. 1528 (N.D. Fla. 1993).

Cited 2 times | Published | District Court, N.D. Florida | 1993 U.S. Dist. LEXIS 18698, 1992 WL 554233

station on the Oven property in violation of Section 6.5 of the City's Zoning Code. According to plaintiff
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Burgess v. Prince, 25 So. 3d 705 (Fla. 2d DCA 2010).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 405, 2010 WL 199422

fiduciary's commissions.... (Emphasis added.) Finally, section 6.5 allows the Trustee to compensate a beneficiary
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Tmh v. Dmt, 79 So. 3d 787 (Fla. 5th DCA 2011).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

Florida law]."); 23 Fla. Prac., Florida Family Law § 6:5 (2011) ("a child cannot legally have two fathers
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Thomas Arthur Entrekin v. Internal Med. Assocs. of Dothan, P.A., 689 F.3d 1248 (11th Cir. 2012).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3208641, 2012 U.S. App. LEXIS 16655

under Alabama’s wrongful death statute, Ala.Code § 6-5-410. The district court denied the nursing home’s
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William Castleberry v. Goldome Credit Corp., 418 F.3d 1267 (11th Cir. 2005).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 16472, 2005 WL 1865984

of the policy coverage. See id. at § 6.5, pp. 213-14. Thus, [a]n insurer’s duty to defend
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Adams v. Auchter Co., 339 So. 2d 623 (Fla. 1976).

Cited 2 times | Published | Supreme Court of Florida

Stat. § 443.02 (1973). [4] Fla. Const. art. I, § 6. [5] See Thornbrough v. Stewart, 232 Ark. 53, 334
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Hopkins v. BP Oil, Inc., 81 F.3d 1070 (11th Cir. 1996).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 9650, 1996 WL 169375

to communicate any material fact under Ala.Code § 6-5-102 (1993) because *1076 U.R. 3.5 did
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Gulf Power Co. v. Coalsales II, L.L.C., 661 F. Supp. 2d 1270 (N.D. Fla. 2009).

Cited 1 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459

...Source A and B. According to Coalsales, because the terms of these Sections make no provision for, or reference to, alternate sources of coal, the CSA would be meaningless if it were not a single source agreement. In response, Gulf Power argues that Section 6.05, which refers to Section 9.01, established the price of other sources of coal as the price of the blend of Source A and Source B coal....
...[26] The right to choose between the approved sources did not give Coalsales the right to refuse to supply coal at all, when only one of the approved sources became unavailable. Coalsales also relies on Section 6.02, which provides, in relevant part: "If Seller elects to ship Source B and/or Source C tons," and on Section 6.05, which provides Coalsales with the right to defer a test burn of Source C....
...ines from which the coal is produced: Source A, the Paso Diablo Mine, State of Zulia, Venezuela; Source B, the Galatia Mine, Saline County, State of Illinois; and Source C, the Wells/Harris Complex, Boone County, State of West Virginia. Furthermore, Section 6.05, "Other Sources," states that Coalsales could supply "the coal to be supplied hereunder" from Source B or Source C....
...of clearly and unambiguously stating their intentions within the contract. [21] Coalsales identifies these thirty-two provisions as Sections 2.05, 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.22, 2.23, 2.27, 2.28, 2.30, 2.34, 5.02, 5.03, 5.08, 6.02, 6.04, 6.05, 7.01, 7.02, 8.01, 8.02, 9.01, 9.04, 9.06, 9.07, 11.01, 14.02, 14.06, 15.01, and 19.01....
...[22] Of the sections Coalsales refers to, Sections 2.06, 2.07, 2.10, 2.12, 2.16, 2.20, 2.27, 2.28, 2.34, 5.03, 8.01, 8.02, 9.04, 9.06, 11.01, 14.02, 14.03, 14.06 and 19.01 do not mention Source A or Source B. Coalsales also refers to Sections 6.04, which describes Source C, and 6.05, which describes "other sources," as support for its sole source interpretation. Finally, Coalsales refers to Sections 2.22, 2.23, 2.30, 6.02, 7.01, 7.02, 9.07 and 15.01, which either mention sources other than Source A and Source B directly or refer to Sections 6.04 and 6.05....
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Liquidity Solutions, Inc. v. Winn-Dixie Stores, Inc. (In Re Winn-Dixie Stores, Inc.), 377 B.R. 322 (M.D. Fla. 2007).

Cited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 75299, 2007 WL 2972613

post-emergence." (Bankr.Doc. # 9787 at 105). Section 6.5 of the Plan calls for Winn-Dixie to authorize
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F/S Airlease II, Inc. v. Air Florida, Inc. (In Re Air Florida, Inc.), 44 B.R. 798 (Bankr. S.D. Fla. 1984).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 4517

...However, the Court holds that when Engine 880 was damaged, it did not suffer an "Event of Loss" as defined in Section 1.12 of the Master Lease and as used in Section 11.02 thereof, and therefore Section 11.02 with respect to replacing engines did not apply. Under Section 6.05 of the Master Lease, Air Florida merely had a duty to repair Engine 880 which it did not do....
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Hancock v. Northport Health Servs. of Florida, LLC, 150 So. 3d 1262 (Fla. 5th DCA 2014).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 19140, 2014 WL 6489418

the Alabama Medical Liability Act, Alabama Code § 6-5-540 et seq. and Alabama Code § 22-21-8 et seq. The
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Starling v. R.J. Reynolds Tobacco Co., 845 F. Supp. 2d 1215 (M.D. Fla. 2011).

Cited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 151514, 2011 WL 6965854

Starling’s death, that he had passed away. Section 6.5 of Plaintiffs’ Amended Proposed 10-case Trial
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Pamela Sue Jones v. Dillard's, Inc., 368 F.3d 1278 (11th Cir. 2003).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

Ezell, 757 So.2d 423, 429 (Ala.2000); Ala.Code § 6-5-101 (1975). 56 Even construing
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Baloco Ex Rel. Tapia v. Drummond Co., Inc., 640 F.3d 1338 (11th Cir. 2011).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 22 Fla. L. Weekly Fed. C 2087

complainants under Alabama's internal law. See Ala.Code. § 6-5-410(a) (only a "personal representative" may bring
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Jackson v. Smith, 927 F.2d 544 (11th Cir. 1991).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 28194

...1 On April 3, 1989, the Board submitted the increase question to the American Arbitration Association (“AAA”). On May 3, 1989, the Employer Trustees withdrew their consent to arbitration by the AAA, claiming that the increase issue was not an arbitrable matter under the Plan. The Employer Trustees noted that Section 6.05 expressly declares that any change in benefits, upward or downward, “shall be made through an amendment to this Plan” and that Section 14.01 states that the Plan may be amended “by the vote of seventy-five percent (75%) of all Trus...
...o arbitration, (2) that the action of the Employer Trustees in withdrawing their consent to arbitration violated the terms of *547 the Plan, 2 and (3) that, because Section 14.01 requires a seventy-five percent affirmative vote to amend the Plan and Section 6.05 requires an amendment in order to increase benefits, any vote of less than seventy-five percent created a deadlock within the meaning of the Labor Management Relations Act (“LMRA”), 29 U.S.C....
...sputed benefit increase proposal to arbitration. See Geigle v. Flacke, 768 F.2d 259, 262 (8th Cir.1985); Hauskins v. Stratton, 721 F.2d 535, 537 (5th Cir.1983); Hawkins v. Bennett, 704 F.2d 1157, 1162 (9th Cir.1983). The Employer Trustees argue that Section 6.05 of the Plan specifically states that any change in benefits, upward or downward, “shall be made though an amendment” to the Plan....
...plan to increase benefits. The Eighth Circuit stated that under such circumstances a benefit increase is an administrative matter. By contrast, Section 6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits. Moreover, Section 6.05 expressly outlines the procedure for changing the level of benefits, stating that a change, either upward or downward, “shall be made through an amendment to this Plan.” Finally, Section 14.01 of the Plan states that an amendment to the Plan requires approval of seventy-five percent of the Trustees....
...The weakness of this argu *550 ment is that it reads each section of the Plan in isolation and makes no attempt to give meaning and effect to every section. See Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund v. Conquer Cartage Co., 753 F.2d 1512, 1518 (9th Cir.1985). Section 6.05 expressly states that changes in benefits require amendments and Section 14.01 requires amendments to obtain seventy-five percent approval....
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Ecoventure WGV, Ltd. v. Saint Johns Nw. Residential Ass'n, 56 So. 3d 126 (Fla. 5th DCA 2011).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3266, 2011 WL 830626

Association made two promises, by and through section 6.5 of its Declaration, to induce lenders to extend
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Christian Lewis v. Sheila D. Moore, 861 F.3d 1303 (11th Cir. 2017).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 2874804, 2017 U.S. App. LEXIS 12096

Alabama Medical Liability Act (AMLA). Ala. Code § 6-5-542(3), “applies in any action for injury or damages
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Braswell v. ConAgra, Inc., 936 F.2d 1169 (11th Cir. 1991).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 15971, 1991 WL 121471

592 (Ala.1987) (per curiam); see also Ala.Code § 6-5-101 (1975). The plaintiffs presented evidence that
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Ne. Hotel Assocs. v. Prime Motor Inns, Inc. (In Re Prime Motor Inns, Inc.), 131 B.R. 233 (Bankr. S.D. Fla. 1991).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 1248

Plaintiffs. Plaintiffs then repay this money to PMI. Section 6.5 of the Loan Agreement provides that: (a) [Plaintiffs]
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Patrick James Grider v. City of Auburn, Alabama (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit

3d __, 2010 WL 2243877, at *11. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing
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Hampton v. Int'l Bus. & Mercantile Reassurance Co., 909 F.2d 1577 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit | 1990 WL 118031

Knutilla, 547 So.2d 424, 426 (Ala.1989); Ala.Code § 6-5-101 (1975).5 If met, the elements above entitle
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Ballantrae Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n, 203 So. 3d 938 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13268

Association made two promises, by and through section 6.5 of its Declaration .... First, it promised that
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Steadham v. Sanders, 941 F.2d 1534 (11th Cir. 1991).

Published | Court of Appeals for the Eleventh Circuit | 1991 WL 166729

pursuant to Alabama Code § 6-5-20 (1975). Section 6-5-20 reads as follows: § 6-5-20. Presentment of claim
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Shands Jacksonville Med. Ctr., Inc. v. State, Dep't of Health, 123 So. 3d 86 (Fla. 1st DCA 2013).

Published | Florida 1st District Court of Appeal | 2013 WL 4859092

which has a need for such a center.” Ch. 90-284, § 6(5), Laws of Fla.; § 395.0335(5), Fla. Stat. (1991)
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City of Tuscaloosa v. Harcros Chem. (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

the alleged conspiracy pursuant to Alabama Code § 6-5-60 (1993).8 The fourth count of the conditions
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Mark Blackburn v. Shire US Inc (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

super- seded by statute on other grounds, ALA. CODE § 6-5-530, as recog- nized in Forest Lab’ys, LLC v. Feheley
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Johnson v. Johansen, 338 So. 2d 1300 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15856

...ncil secretary, concerning whom, presumably, the council has untrammelled-removal power. 5 The essential character of the council presidency is not changed by the charter provision for the president’s succession to the vacant office of mayor. Sec. 6.05, n....
...Petitioner expresses apprehension that, given unrestrained power to remove its president, the council may learn of an impending vacancy in the office of mayor, depose its president and elect a new one who shall become mayor. So it may. The council may not depose the new mayor, however. For section 6.05 provides that the person thus becoming mayor “shall cease to be a councilman during his term of mayor, and his seat on the council shall become vacant.” The charter thus honors the proscription of article II, § 5(a) of the Constitut...
...must be had to the subject-matter in reference to which the terms are used.” See also Seaman v. City of New York, 172 App.Div. 740, 743 , 159 N.Y.S. 563, 566 (1916), affd. 225 N.Y. 648 , 121 N.E. 889 (1919); 3 McQuillin, supra, at § 12.29. . Sec. 6.05 of Jacksonville’s charter provides that “the president of the council shall serve as mayor until his successor is elected and qualified” if the mayor dies, resigns, removes his residence from Duval County, or is removed from office when a general consolidated government election will occur within two years....
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Free v. Granger, 887 F.2d 1552 (11th Cir. 1989).

Published | Court of Appeals for the Eleventh Circuit | 1989 WL 86482

statute of limitations, which is two years. Ala.Code § 6-5-482. His claim for negligence is likewise barred
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Ronald Hunter, Jr. v. Leeds, City of (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

court’s denial of Alabama state-law immunity under § 6–5–338(a) is immediately appealable).
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Brown v. Enstar Grp., Inc. (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

obligation to communicate." Ala.Code § 6-5-102 (1995). There is no evidence in the
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Ago (Fla. Att'y Gen. 1986).

Published | Florida Attorney General Reports

facilities owned and operated by the district. Section 6(5), Ch. 82-291, Laws of Florida. Pursuant to s
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Marshall v. Hollywood, Inc., 236 So. 2d 114 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2729

by filing a notice within a 30-year period. See § 6.5. If a notice is not filed, the claim is lost. The
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Tammy D. Scarbrough v. Bryant Myles, Jr. (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

malicious, or in bad faith. R2-29-6-7; see Ala. Code § 6-5-338(a). In addressing discretionary-function immunity
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Tammy D. Scarbrough v. Bryant Myles, Jr. (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

malicious, or in bad faith. R2-29-6-7; see Ala.Code § 6-5-338(a). In addressing discretionary-function immunity
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Joi Brown v. City of Huntsville, AL (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit

discretionary-function immunity in Alabama. Specifically, § 6-5-338 of the Alabama Code contains a provision immunizing
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Gary R. Cunningham v. Fleetwood Homes of GA, 253 F.3d 611 (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

Manufacturer’s Liability Doctrine, ALA. CODE 1975, § 6-5-500, et seq., and violations of the Magnuson-Moss
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Farlow v. Union Cent. Life Ins., 874 F.2d 791 (11th Cir. 1989).

Published | Court of Appeals for the Eleventh Circuit

causes of action under Alabama law. See Ala.Code § 6-5-101 (1975) (legal fraud actionable even when innocently
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Trinell King v. Ricky Pridmore (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

of his or her law enforcement duties.” Ala. Code § 6-5-338(a). As we recently noted in Hunter v. Leeds
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Com. Fed. Mtge. v. Smith (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

statutory right of redemption under Alabama Code § 6-5-251 (1993). On December 29, 1993, Smith
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United States v. Banshee, 85 F.3d 571 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit | 1996 WL 290364

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very
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United States v. Banshee, 85 F.3d 571 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very
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United States v. Banshee, 85 F.3d 571 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

detention. See WAYNE R. LaFAVE, SEARCH AND SEIZURE § 6.5(c) (1994) ("[w]here, for example, only a very
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Barrier v. JFK Med. Ctr. Ltd. P'ship, 169 So. 3d 185 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

David C. Brennan, Fla. Guardianship Law & Proc. § 6.5 (2d ed. June 2014) (“Even if the emergency temporary
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Pamela Barrier, etc. v. JFK Med. Ctr. Ltd. P'ship, etc., Palm Beach Emergency Med. Assocs., P.L., etc., Jason Sevald, M.D., Armor Corr. Health Servs., Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., & Pierre Dorsainvil, M.D. (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal

David C. Brennan, Fla. Guardianship Law & Proc. § 6.5 (2d ed. June 2014) (“Even if the emergency temporary
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Angela McCullough v. The City of Montgomery, Alabama (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

deprived of his personal liberty.” Ala. Code § 6-5-170. Alabama law recognizes false-imprisonment
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Aubrey Williams v. Daniel Aguirre (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

(internal quotation marks omitted); see also Ala. Code § 6-5-338(a). Williams agrees that the officers acted
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W.E.R. v. Sch. Bd. of Polk Cnty., 749 So. 2d 540 (Fla. Dist. Ct. App. 2000).

Published | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 17, 2000 WL 3946

appellants be found guilty only of violating section 6.05 and not guilty of violating section 6.28 of
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Jackson v. Pleasant Grove Health Care Ctr., 980 F.2d 692 (11th Cir. 1993).

Published | Court of Appeals for the Eleventh Circuit | 1993 WL 75

proximately caused Russell’s wrongful death. See Ala.Code § 6-5-542(2). The district court granted Pleasant Grove’s
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Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In Re Colony Beach & Tennis Club Ass'n), 423 B.R. 690 (Bankr. M.D. Fla. 2010).

Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615

is in the Bylaws of the Association. (Ex. 11 at § 6.5.) Colony Beach Associates, Ltd. ("CBA") was formed
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Oxford Furniture Companies v. Drexel Heritage Furnishings, Inc., 984 F.2d 1118 (11th Cir. 1993).

Published | Court of Appeals for the Eleventh Circuit | 1993 WL 35901

Co., 558 So.2d 903, 905 (Ala.1990). See Ala.Code § 6-5-102 (1975). Drexel argues that Oxford failed to
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Landcastle Acquisition Corp. v. Renasant Bank (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

...ipal’s behalf . . . without actual or apparent authority,’ the ‘principal is not a party to [that] contract.’” Id. at 16 (alterations in original) (emphasis omitted) (quoting Restatement (Third) of Agency, supra, § 6.05 cmt. b). That quoted comment b to § 6.05, however, addresses only the circumstances under which the principal “is subject to liability” when the agent makes a contract with a third party that is unauthorized in part. Restatement (Third) of Agency, supra, § 6.05(1) & cmt....
...ehalf, no contract results. So, when an agent purports to “enter[] into [a] contract on [its] principal’s behalf . . . without actual or apparent authority,” the “principal is not a party to [that] contract.” Id. § 6.05 cmt....
...2022 Update) (“Void promises are not legally binding, have no legal effect, and, therefore, are not con- tracts.”). Likewise, where the Restatement of Agency refers to “an agent mak[ing] a contract with a third party” without authority, RESTATEMENT (THIRD) OF AGENCY § 6.05(1), the comments clarify that “[o]rdinarily[] a principal is not a party to [such] a contract,” id....
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Alex Wayne Morton v. Jeremy Kirkwood (11th Cir. 2013).

Published | Court of Appeals for the Eleventh Circuit

his or her law enforcement duties.” Ala. Code § 6-5-338(a). This includes acts arising from the “enforcement
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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

the Old-age and Survivors Insurance System. Section 6-5 of the Gainesville Municipal Code provides, among
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Dominick v. Dixie Nat'l Life Ins., 809 F.2d 1559 (11th Cir. 1987).

Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 2348

So. 643, 644 (1918). Indeed, under Alabama Code § 6-5-101 (1975): “Misrepresentations of a material fact
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Anderson v. George H. Lanier Mem'l Hosp., 982 F.2d 1513 (11th Cir. 1993).

Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 2161, 1993 WL 15910

after such act____ See Ala. Code § 6-5-482(a) (1975). In section 6-5-482(b), the Act states: Subsection
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Cincinnati Ins. v. Metro. Props., Inc., 806 F.2d 1541 (11th Cir. 1986).

Published | Court of Appeals for the Eleventh Circuit

opposite party constitute legal fraud.” Ala.Code § 6-5-101 (1975).
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8330 Tokyo Valentino, LLC v. City of Miami, 990 F. Supp. 2d 1327 (S.D. Fla. 2013).

Published | District Court, S.D. Florida | 2013 WL 6869393, 2013 U.S. Dist. LEXIS 182178

that Plaintiffs landlord was in violation of Section 6.5 of the Zoning Ordinance, which relates to the
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United States v. Gloria Santa (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit

1971-1972, 26 L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have 15
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United States v. Gloria Santa (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit

26 L.Ed.2d 409 (1970); 2 LaFave, supra, § 6.5. We are not surprised that courts have found
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Mercer v. Davis & Berryman Int'l, Inc., 834 F.2d 922 (11th Cir. 1987).

Published | Court of Appeals for the Eleventh Circuit

Moore-Handley, Inc., 437 So.2d 76, 80 (Ala.1983); Ala.Code § 6-5-104(a), (b)(4) (1977). Davis quarrels with Mercer’s
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Michigan Abrasive Co. v. Poole, 805 F.2d 1001 (11th Cir. 1986).

Published | Court of Appeals for the Eleventh Circuit

based upon the evidence presented. AFFIRMED. . § 6.5 of the sublease provided that the subles-see was
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Thomas Arthur Entrekin v. Internal Med. Assocs. of Dothan, P.A. (11th Cir. 2012).

Published | Court of Appeals for the Eleventh Circuit

under Alabama’s wrongful death statute, Ala. Code § 6-5-410. The district court denied the nursing home’s
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Est. of Jeffrey West v. Robert DeFrancisco (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

two-year statute of limitations. Alabama Code. § 6-5-482. Count IV, violations of the Alabama Open Records
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Taylor v. City of Mobile, 221 F.3d 1254 (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit

3d at 1236 (observing, in dicta, that Ala. Code § 6-5-338, which grants discretionary-function immunity
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Banc One Leasing Corp. v. Everglades Mem'l Hosp., Inc. (In re Everglades Mem'l Hosp., Inc.), 346 B.R. 223 (Bankr. S.D. Fla. 2006).

Published | United States Bankruptcy Court, S.D. Florida. | 19 Fla. L. Weekly Fed. B 296, 2006 Bankr. LEXIS 1454

for the entire ten-year term (Banc One Ex. 1 — Section 6.5). LEGAL ANALYSIS The Lease Agreement is a contract
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Akanthos Capital Mgmt., LLC v. CompuCredit Holdings Corp. (11th Cir. 2012).

Published | Court of Appeals for the Eleventh Circuit

...Apr. 1981) (en banc) (applying New York law) (emphasis added).9 In other words, “[t]he best evidence of what parties to a written agreement intend is what they say in their writing. Thus, a written agreement that is complete, clear and 8 Plaintiffs also argue that because Section 6.05 of the indentures gives the majority the ability to direct the “time, method and place of conducting any proceeding for any remedy available to the Trustee” and Section 6.06(e) of the indentures gives the majority veto power over Trustee actions, the majority de facto controls litigation proceedings. Plaintiffs reason that demanding compliance with the other conditions of the trustee demand exception to the no- action clause is futile and serves no purpose because Plaintiffs hold ultimate control. However, Section 6.05 of the indentures also states that “the Trustee may refuse to follow any direction [by the majority] that conflicts with law or this Indentures or that Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability....
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Sheth v. City of Mobile, 137 F.3d 1447 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 6633, 1998 WL 152601

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of 'Alabama' 1975. This provision became
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Sheth v. City of Mobile, 137 F.3d 1447 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

6 Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became
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Sheth v. City of Mobile, 137 F.3d 1447 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became
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Sheth v. City of Mobile, 137 F.3d 1447 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.