CopyCited 591 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 390, 2000 Fla. LEXIS 911, 2000 WL 633052
Accordingly, the trial court concluded that section 7.2 of the Primary Declaration would not be enforceable
CopyCited 160 times | Published | Court of Appeals for the Eleventh Circuit | 49 U.S.P.Q. 2d (BNA) 1961, 51 Fed. R. Serv. 752, 1999 U.S. App. LEXIS 3739, 1999 WL 114487
...ipton to support a claim of false designation of origin,
"[s]uch a claim may be supported ... by further acts on the part of the infringer falsely representing itself as
the owner of the work"); cf. Jerome Gilson, Trademark Protection and Practice § 7.02[5], at 7-26 & n....
CopyCited 105 times | Published | Court of Appeals for the Eleventh Circuit
...1996) (noting that although a copyright notice is
insufficient under Lipton to support a claim of false designation of origin, “[s]uch a claim may
be supported . . . by further acts on the part of the infringer falsely representing itself as the
owner of the work”); cf. Jerome Gilson, Trademark Protection and Practice § 7.02[5], at 7-26 &
Montgomery has stated a claim for false designation of origin....
CopyCited 79 times | Published | Court of Appeals for the Eleventh Circuit | 1 U.C.C. Rep. Serv. 2d (West) 82, 1986 U.S. App. LEXIS 24685
appellant failed to give notice of breach. Ala.Code § 7-2-607(3)(a) provides that the “buyer must within a
CopyCited 67 times | Published | Supreme Court of Florida | 1990 WL 154228
Thus, W. LaFave & J. Israel, Criminal Procedure § 7.2(c) (1985), states: What happens if a defendant refuses
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 17 Fla. L. Weekly Fed. C 355
to a four year statute of limitations, Ala.Code § 7-2-725. What was not clear, prior to the Alabama Supreme
CopyCited 46 times | Published | Court of Appeals for the Eleventh Circuit | 43 Employee Benefits Cas. (BNA) 1310, 2008 U.S. App. LEXIS 3750, 2008 WL 466403
arising under the Plan. . . ." (R.15-216 at CC426 § 7.2(b)(2).[1]) The Committee also has the "exclusive
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 44 Employee Benefits Cas. (BNA) 2441, 2008 U.S. App. LEXIS 19283, 2008 WL 4149706
the committee of this discretion fail. Because section 7.2(b) of the plan gives the committee discretion
CopyCited 38 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 3243
...mber of billboards and their location. Compare LDC § 7.01.01(A) (restricting new billboards to designated locations, and stating that no increase in the total number of billboards shall be permitted "unless fully compliant with this Code") with LDC § 7.02.01(A) (limiting on-premise ground signs to four per location, but placing no limits on the number of building signs such as marquee and canopy signs)....
...It states, "[i]f any of the provisions of this Code, including [provisions] pertaining to permitting new Billboards is found unconstitutional... all provisions pertaining to allowing and permitting new Billboards shall be deemed voided in totality and no new Billboards shall be allowed." 2. ON-PREMISE SIGNS 17 Part 7.02 regulates on-premise signs. On-premise signs are generally limited to 150 square feet. See LDC § 7.02.01(B). Those within 500 feet of the interstate are allowed up to 300 square feet of advertising space. See LDC § 7.02.02(B)....
...1382 ,
146 L.Ed.2d 265 (2000) (noting that "there may be cases in which banning the means of expression so interferes with the message that it essentially bans the message"). 12 Additionally, "permit applications for on-premise signs shall be in accordance with Part
7.02.00," which sets forth requirements for on-premise signs. LDC §§ 7.00.01,
7.02.01 13 In Thomas , the Supreme Court upheld a permitting scheme whereby "the object of the permit system ( as plainly indicated by the permissible grounds for permit denial ) is not to exclude communication of a particular content, but to coordinate multiple uses of limited space, to assure preservation of ......
CopyCited 38 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 2487
incorporated the findings of the HCCB study. Section 7(2) of the Act contains a statement of legislative
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit
Second, Foreign Relations Law of the United States § 7(2). It is for this reason that the mere physical
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 6111, 2015 Trade Cas. (CCH) 79, 134, 2015 WL 1652200
Mangiaracina, Antitrust Law Handbook § 7:2 (2014) (“For the most part ... the [Federal Trade
CopyCited 36 times | Published | Supreme Court of Florida
later *10 adopted constitutional provision, Art. V, § 7(2), which authorizes an additional County Judge in
CopyCited 36 times | Published | Supreme Court of Florida | 42 A.L.R. 3d 632
Neb.Const. Art. III, § 24; N.J.Const. Art. IV, § 7(2); and, N.Y.Const. Art. I, § 9(2). The New York amendment
CopyCited 35 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 25332
2 W. LeFave, Search and Seizure § 7.2 (1978). The Court’s latest decision affecting
CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit | 36 U.C.C. Rep. Serv. (West) 445, 13 Fed. R. Serv. 1147, 1983 U.S. App. LEXIS 26230
Code of Alabama defines express warranty at section 7-2-313: (1) Express warranties by the seller are
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 27750
govern. State law provides a rate of 7%. O.C.G.A. § 7-2-4. Appellant, however, concedes that admiralty
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit
43 Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit
Farnsorth, Farnsworth on Contracts, § 7.2 at 194 (1990). The rule does not purport to exclude
CopyCited 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
Article 2 “applies to transactions in goods.” § 7-2-102. The Code defines the term “goods" broadly to
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 124 L.R.R.M. (BNA) 2174, 1986 U.S. App. LEXIS 35011
behavior and has been held to be protected under § 7.2 “The right of employees to wear union insignia at
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 38 U.C.C. Rep. Serv. (West) 1565, 1984 U.S. App. LEXIS 20970
cited in this opinion. See Ala.Code § 7-2-302; Ohio Rev.Code Ann, § 1302.15. Consequently
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 25882
implied warranty of merchantability, Ala. Code § 7-2-314(2)(c), Cowan must establish that her shoe was
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 92 Fed. R. Serv. 3d 157, 2015 U.S. App. LEXIS 11891, 2015 WL 4139740
bargain creates an express warranty....” Ala. Code § 7-2-313(l)(a) (1975). The complaint alleges that “Lumber
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 1942
Thus, W. LaFave & J. Israel, Criminal Procedure § 7.2(c) (1985), states: What happens if a defendant refuses
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 42 U.C.C. Rep. Serv. (West) 1206, 1986 U.S. App. LEXIS 22116
paragraph (1)(b) of Section 7-2-103." Sec. 8-20-3(7), Code of Alabama (1975). Section 7-2-103(1)(b) is the
CopyCited 15 times | Published | Florida 1st District Court of Appeal
...... Legislative facts do not usually concern the immediate parties but are general facts which help the tribunal decide questions of law and policy and discretion." Bowling,
394 So.2d at 174, n. 17 (quoting from 1 Davis, Administrative Law Treatise, Section
7.02 at 413)....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2000 WL 1807914
...The district court found that because Trucks’s policy did not require drivers to return the 1% of load revenue directed towards lodging if they chose to sleep in the sleeping berths in the trucks, Trucks failed this third requirement as well. Trucks relies on Rev. Proc. 90-60 § 7.02, which requires accountable per diem allowances to ask that employees return the per diem allowance for “days of travel not substantiated,” as opposed to costs not substantiated....
CopyCited 15 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 19247, 2000 WL 33180826
...The dispute resolution process in the Master Group Service Agreement provides in § 7.01 that a dispute "relating to the performance of this Agreement by PacifiCare and Member" shall first be submitted to an internal dispute resolution process to resolve the dispute in a non-adjudicative setting. § 7.02 provides that any dispute that is not resolved through the dispute resolution process described in § 7.01 "shall have the matter resolved by binding arbitration by a single arbitrator." JAMS/Endispute shall arbitrate, and its rules shall govern....
...Plaintiff's remaining argument, that the dispute is beyond the scope of the arbitration clause, is also rejected. Plaintiff argues, by focusing on the language of § 7.01, that the arbitration clause is limited to the denial of claims relating to the performance of the agreement. § 7.02 only mandates arbitration for disputes "not resolved by the above appeals and dispute resolution processes...." Plaintiff posits that her allegations concerning systemic *1007 violations by PacifiCare (that speak to violations of RICO and ERISA) are not covered by the arbitration clause. PacifiCare counters by highlighting the preamble of § 7.02, "Any claim, controversy, dispute or disagreement...." The difficulty with Plaintiff's argument is two-fold. First, this Court is not persuaded that the arbitration clause at issue is limited only to denial of claims, particularly in view of the broad, all-encompassing preamble of § 7.02....
CopyCited 13 times | Published | Supreme Court of Florida | 1961 Fla. LEXIS 2275
Article V, Florida Constitution emerged. We quote Section 7(2), Article V, to point out that it is obviously
CopyCited 13 times | Published | District Court of Appeal of Florida
...hor discusses the question of filling and gasoline stations and garages for some 32 pages showing the holdings of the courts over the nation under various circumstances in zoning businesses of this type. Antieau, Municipal Corporation Law, Volume 1, Section 7.02 summarizes the reasoning of the various State Courts in this regard as set out in the brief of appellant as follows: "The validity of every Zoning Ordinance is to be tested as applied to a particular piece of property at a particular time....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2002 A.M.C. 751, 2001 U.S. App. LEXIS 24237, 2001 WL 1397895
the district court should have applied Ala.Code § 7-2-103(l)(b) (1975). The code imposes and defines a
CopyCited 10 times | Published | District Court, N.D. Florida
and Adult Services Program Supervisors. Id. at § 7-2(c). Although the manual does not detail the monitoring
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1989 WL 33997
McGovern, Kurtz and Rein, Wills, Trusts and Estates § 7.2 (1988). At another time, when asked why his sister
CopyCited 9 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4883
may stand with the invalid portion excised. Section 7(2) of the act is a severability clause: If any
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1992 WL 68850
LaFave & Jerold H. Israel, Criminal Procedure, § 7.2(c)(1982), quoting, People v. Ellis, 65 Cal.2d 529
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2000 WL 1535929
a 4-year statute of limitations, see Ala. Code § 7-2-725. The dispute is about when the claims arose
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Power & Light Co.,
254 So.2d 540 (Fla. 1971). [4] Campo was cited with evident approval by the District Court of Appeal in Royal,
205 So.2d at 310. It has also been roundly criticized. 2 Harper and James, Law of Torts, 1542 (1956); 1 Frumer and Friedman, Products Liability, §
7.02 (1975); See also Noel, Manufacturer's Negligence of Design or Directions for Use of a Product, 71 Yale L.J....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1988 WL 56522
contraband, see generally 3 W. LaFave, Search & Seizure § 7.2(d) (2d ed. 1987), they are inapposite to this case
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 18 U.C.C. Rep. Serv. 2d (West) 176, 1992 U.S. App. LEXIS 15076
54 The relevant statute, Ala.Code Section 7-2-725 (1975), provides in pertinent part that:
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 50 Collier Bankr. Cas. 2d 1750, 16 Fla. L. Weekly Fed. B 227, 2003 Bankr. LEXIS 1177
needed to be negligible. Disclosure Statement, § 7.2. The Supreme Court has rejected this type of argument:
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...to enforce DER's related rules and regulations under section
120.69(1)(a). BACKGROUND On September 27, 1982, appellant filed the above-mentioned alternative actions in the Twelfth Judicial Circuit in Sarasota County. Appellant alleged: (1) section 2
7.02, Florida Statutes (1981), [3] when read in conjunction with article V, section 17, Florida Constitution (1968), [4] gave him authority to file the civil action for damages and penalties, and section
120.69(1)(a) gave him authority to file the al...
...1), [8] with respect to the administrative action. At the conclusion of the hearing, the trial court took the case under advisement and then later issued its final order on December 22, 1982. In that order, the court specifically ruled: (1) section 2
7.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply "authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to section
403.141...
...2(1)(b). It is from this order that the state attorney appeals. ISSUES In this appeal, we have discerned the following two related and important issues which merit our discussion: (1) whether a state attorney has independent authority under section 2
7.02 (or any other statute) to institute in his judicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section
403.141(1) for alleged violations of section
403.161(1) occurring in his circuit, and (2) whether...
...e conditions creating the violation or other appropriate corrective action. (Emphasis supplied). Accordingly, we must analyze appellant's assertions in light of the relevant statutory provisions. Discussion Appellant essentially argues that section 2
7.02 when read in conjunction with article V, section 17 [13] grants him the authority to independently initiate a section
403.141(1) civil action on behalf of the state....
...today's burgeoning environmental problems that are inevitable with commercial development, we, nevertheless, reject appellant's novel contention with respect to this issue. We reach this conclusion after examining article V, section 17 and section 27.02 together, as well as determining the legislature's intention with respect to this issue as evidenced by the enactment of various statutes relating to the authority of state attorneys and by the enactment of certain sections of Chapter 403....
...Rather, only a specific general law can grant him the power to file such a suit. Such a construction of article V, section 17 is consistent with the scope of authority traditionally granted to and exercised by a state prosecuting attorney. Furthermore, we hold that section 27.02 contrary to appellant's contention, is not such a specific general law but only broadly sets forth, as its heading indicates, a state attorney's general duties....
...[2] Section 7 states: "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise." [3] Section 27.02 provides: "The state attorney shall appear in the circuit and county courts within his judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions civil or criminal, in which the state is a party......
...The legislature has also specifically granted a state attorney authority to institute other civil actions on behalf of the state if an action is referred to or delegated to him by a particular state agency or official. See §§
106.25(4)(a);
161.071;
206.07;
206.22; 20
7.022;
253.05;
402.17(5);
501.052;
526.10;
542.15; 585.36; 586.09(1), Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 41 Employee Benefits Cas. (BNA) 1856, 2007 U.S. App. LEXIS 20628
its discretionary authority to decide claims. Id. § 7.2(b)(3). Broadspire is the Administrative Services
CopyCited 5 times | Published | District Court, S.D. Florida | 100 A.F.T.R.2d (RIA) 7072, 2007 U.S. Dist. LEXIS 94079, 2007 WL 4800642
Disputed Claim becomes an Allowed Claim." (CP 204, § 7.2).[2] C. The Adversary Proceeding to Invalidate the
CopyCited 5 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4679
that the act shall take effect August 1, 1974, Section 7(2) specifically provides: [N]otwithstanding the
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1887
violation of written rules and policies including section 7-2.13, F.A.C. and sections 2M and 13F of the Division
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 7 Fla. L. Weekly Fed. B 261, 1993 Bankr. LEXIS 1405, 1993 WL 385709
therewith. [emphasis added] Sections 7.1.2 and § 7.2.2. state in pertinent part as follows: 7.1.2 Accuracy
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 WL 4179413
agreements between them (as more fully set forth in Section 7.2) outside the scope of this one-year limitation
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
constitute "special circumstances" under Ala.Code Section 7-2-714(2) (1975),4 so that the rental value of the
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1987 WL 2296
some intensity... ." 3 La Fave, Search and Seizure § 7.2(c) (2d ed. 1987). The search of Langer's automobile
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2316
...case basis. Moreover, we are unable to reconcile the majority decision in Lingle with the recent holding of the Supreme Court in Caterpillar, Inc. v. Williams, ___ U.S. ___,
107 S.Ct. 2425, which was cited merely as "cf." by the Lingle majority. [6] Section
7.02 of the labor agreement provides that the "functions of the arbitrator shall be to interpret and apply the Agreement and he shall have no power to add to or subtract from or to modify any of the terms of the Agreement." [7] Judge Ripple's...
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 3 U.C.C. Rep. Serv. 2d (West) 1366, 1987 U.S. App. LEXIS 6963
similarly does not protect NEAPCO. . Ala. Code § 7-2-316(2) (1984). . R. Anderson, 3 Uniform Commercial
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 3436
subject only to reasonable notice. See Ala.Code § 7-2-309(2), (3) (1984). 15 We
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 23231
incorporated the findings of the HCCB study. Section 7(2) of the Act contains a statement of legislative
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
to a four year statute of limitations, Ala.Code § 7-2-725. What was not clear, prior to the Alabama Supreme
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
to borrow for the limited purposes stated in Section 7.2 of its Certificate and Agreement of Limited Partnership;
CopyCited 2 times | Published | District Court, M.D. Florida | 1998 A.M.C. 2514, 1997 U.S. Dist. LEXIS 21842, 1997 WL 820936
Local Admiralty and Maritime Rules state that Section 7.02(a) “codifies- the governing law of this circuit
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 13241
§ 3(5); Dkt. 119, ¶ 4(1); see also Ch. 2001-299 § 7(2). Having acquired a certificate, a person must then
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 60838
...From the record it appears that in July, 1994, certain Dade County voters sought a recall election to remove District 7 County Commissioner Maurice Ferre from office. The petition was not certified because it lacked the requisite number of signatures. See § 7.02(2), Art....
...The trial court's reliance on Hardemon v. Leahy,
642 So.2d 28 (Fla. 3d DCA 1994), is misplaced. Hardemon did not involve a Charter provision founded on specific constitutional grant of power and did not discuss the Charter. The trial court additionally erred in holding that §
7.02(7) of Art....
...s the voters' rejection. For the foregoing reasons, we reverse the trial court's order decertifying the recall petition with directions to dismiss the plaintiff's complaint seeking declaratory relief. Reversed and remanded with directions. NOTES [1] Section 7.02(7) of Art....
...ment of the grounds for recall, and limits the grounds for removal to malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude. [3] See § 7.02, Art, 7, Dade County Charter (no requirement that petition state grounds for recall)....
...VIII of the 1885 Florida Constitution provides for a home rule charter in Dade County, and specifically grants the Board of County Commissioners the right to "provide a method for the recall of any commissioner." § 11(1)(i), Art. VIII, Fla. Const. (1885). [5] See § 7.02, Art....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
its discretionary authority to decide claims. Id. § 7.2(b)(3). Broadspire is the Administrative Services
CopyCited 1 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459
...veral others directly contradict Coalsales' sole source interpretation. [22] Of the thirty-two provisions referenced *1277 by Coalsales, only six seem to support Coalsales' position: Sections 2.05, 5.02, and 9.01; Section 5.08; and Sections
6.02 and
7.02....
...urces. However, the presence in the contract of greater detail regarding particular sources does not preclude other sources, nor does it detract from the plain language obligating Coalsales to supply coal. Finally, Coalsales argues Sections
6.02 and
7.02 indicate that the parties "anticipated" Coalsales would supply a blend of coal from Source A and Source B....
...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....
...ion 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....
...ther than fixed. [23] Section
6.02 provides, in relevant part: "It is anticipated that the approximate Annual Quality under this Agreement from Source A (Section
6.04) will be 1,000,000 Tons and from Source B (Section
6.04) 900,000 tons." Similarly, Section
7.02 provides, in relevant part: "It is anticipated that the primary source of coal under this Agreement shall be a blend of coals from Source A and Source B." (emphasis added)....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2010 Bankr. LEXIS 6322
Plan (the "Confirmation Date"). See Plan at p. 30, § 7.2. The Tax Sharing Agreement was not included on Exhibit
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 7998, 2015 WL 3390177
...remain at Crandon Park permanently rather than being removed by January 1,
2005, as specified in the Master Plan. On May 4, 2005, the Amendment Committee
approved the amendment to allow the lighted ball fields to remain beyond 2005 but
4
Section 7.02, “Restrictions and Exceptions,” of Article 7 of the Miami-Dade
County Home Rule Charter – “PARKS, AQUATIC PRESERVES, AND
PRESERVATION LANDS,” states in pertinent part:
In furtherance of this policy parks shall b...
...pleasure, and recreation of the public and they shall be
used and maintained in a manner which will leave them
unimpaired for the enjoyment of future generations as a
part of the public’s irreplaceable heritage.
Article 7.02 provides restrictions for the use of public parks and requires a
majority vote of the electorate before certain commercial uses may be made....
...license, renewal, expansion, extension, concession or use
shall be approved by a majority vote of the voters in a
County-wide referendum.
23
In addition, Article 7.02 creates a special class of public parks (which
includes Crandon Park), and imposes the heightened requirement of a two-thirds
vote of the electorate before certain commercial uses may be made for this class of
parks:
To ensur...
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 35731, 2007 WL 1455963
...§ 7.00.02. The ordinance set forth regulations governing four categories of signs: (1) signs exempt from the permit requirement; (2) signs expressly prohibited; (3) permitted temporary signs; and (4) permitted permanent signs. See, e.g., §§ 7.01.00, 7.02.00, 7.03.00, 7.04.00....
...These included, among others, flags, except those of any nation, state, political subdivision or corporate flag when not used for a commercial purpose; portable signs; off-site signs; billboard signs ; and signs that bore or contained statements, words or pictures of any obscene, pornographic, [or] immoral character. See § 7.02.02 (emphasis added). Also prohibited was any sign not erected, maintained, compatible with or not in compliance with county, state, or federal law. See § 7.02.01....
...[12] The new regulations address nonconforming signs and still contain categories of permitted, exempt, and prohibited signs, see id. at §§ 7.01.00-7.03.00, but there are notable changes and omissions in each. Off-premises signs still are prohibited, see id. at § 7.02.02(J), but billboards are not listed as such....
...nd that the County neither expressly granted nor denied any of the applications. Maverick therefore, demonstrates their standing to raise as-applied challenges to the provisions of the old sign regulations prohibiting off-site and billboard signs, §§ 7.02.02(P) and (Q)....
...jective standards to determine what content qualifies as holiday, seasonal or commemorative decoration); 7.01.00(R) (which fails to contain objective standards as to what groups fall within public, charitable, educational or religious institutions); 7.02.02(R)(1) (which allows officials discretion to determine whether a sign is obscene); 7.03.02(D) (which fails to *1144 reference what types of signs qualify as "public" or "semi-public" signs); and 7.03.02(F) (which gives officials discretion to determine whether flags and balloon signs "may" be temporarily permitted)....
...regulations place an unconstitutional burden on property holders, such as the individual Plaintiffs, to communicate commercial or non-commercial speech. It appears that Plaintiff here takes umbrage with several sections of the ordinance including §§ 7.02.02(C) (prohibiting banners, pennants, festoons, searchlights, twirling signs, sidewalk or curbside signs, balloons or other gas-filled figures, or other inflatable signs), § 7.02.02(D) (prohibiting flags, except those of any nation, state, political subdivision, or corporate flag when not used for a commercial purpose), and §§ 7.04.03(A), (B)(1)-(3) (setting forth general regulations applying to on-site signs)....
...aintiff succeeds on the merits, its injury would likely be redressed by a favorable decision. Finally, I conclude that Plaintiff fails to establish standing to bring the due process claim asserted in Count Twelve. By that count, Plaintiff challenges § 7.02.02(R)(1) of the old sign regulations, which prohibited any sign that "bears or contains statements, words or pictures of any obscene, pornographic, [or] immoral character." See (Doc....
...In light of the above, the substantive constitutional challenges that remain are those alleged in Counts One, Two, Six, Seven, Eight, and Eleven of Plaintiffs' Amended Complaint as they relate to the express prohibitions on off-site signs and billboards contained in § 7.02.02(P) and (Q) of the old sign regulations and to the extent implicated, the definitions of both....
...The County counters that the portions of the old sign regulations that Maverick has standing to challenge, those involving off-site signs and billboards, were valid, content-neutral regulations. I agree. Here, the prohibitions on off-site signs and billboards under § 7.02.02(P), (Q) of the old sign regulations did not regulate expression on the basis of content as in Burk, nor did they impermissibly *1152 discriminate between off-site signs or billboards containing non-commercial or political messages and those containing commercial messages as in Café Erotica. When fairly considered, the prohibitions on off-site signs and billboards under § 7.02.02(P), (Q) of the old sign regulations were content-neutral....
...permitted other offsite signs subject to certain restrictions. Under Metromedia, the County could make such value judgments about commercial speech without running afoul of the First and Fourteenth Amendments. Consequently, I conclude that sections 7.02.02(P), (Q) of the old sign regulations meet the standards of Central Hudson and did not constitute unconstitutional restrictions on commercial speech....
...[11] Inexplicably, the parties appear to ignore this section. [12] A copy of the new sign regulations is appended to the County's supplement to its motion for summary judgment. (Doc. 118, Ex. 1). [13] Nonetheless, the new regulations contain a general prohibition. Pursuant to § 7.02.01, "[a]ny sign not permitted by these Sign Regulations is prohibited." [14] The district court dismissed without prejudice Maverick's claims challenging the regulation's permitting procedures (Counts One, Two, and Ten) and its Fifth Amendmen...
...[33] In addition to the prohibition against offsite signs, Plaintiff complains that various other sections of the old regulations are unconstitutional content-based provisions. See (Docs. 93 at 3-5, 97 at 17-20) (citing to, among other sections, §§ 7.01.00(C), 7.01.00(D), 7.01.00(K), 7.01.00(L), 7.01.00(R), 7.02.02(B), 7.02.02(D), 7.02.02(R)(1), 7.03.02(D), 7.05.02(B)(3), 7.05.02(B)(6))....
CopyCited 1 times | Published | District Court, S.D. Florida | 1971 U.S. Dist. LEXIS 14072
the charges or fail as being unconstitutional. Section 7.02 fails to provide for notice of the charges and
CopyCited 1 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 122, 1996 Fla. LEXIS 442, 1996 WL 108536
the study of law as specified in Article V, Section 7 2, the filing fee shall be $60.00 $75.00. Section
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1992 WL 134140
580 (Ala.1989). The relevant statute, Ala.Code Section 7-2-725 (1975), provides in pertinent part that:
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 788001
Thus, W. LaFave & J. Israel, Criminal Procedures § 7.2(c) (1985), states: What happens if a defendant refuses
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Cir.1989). According to Ala.Code § 7-2-601(a), if goods do not conform to a contract, the
CopyCited 1 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 4087, 2006 WL 166571
...t time"; and (2) the correspondence and Settlement Agreement and Mutual Release between the parties dated August 5, 2004, November 16, 2004, November 29, 2004, and December 9, 2004 constitute the required notices of default. C. Arbitration Provision Section
7.02.(d) of the Agreement exempts from arbitration "[a]ny dispute for which [Campero] is entitled to terminate this Agreement without prior notice under the provisions of section
6.02 of this Agreement." Campero filed this action in this Dist...
...s required to terminate the Agreement without notice under §
6.02. However, STPC does argue that Campero did not properly provide it with notices of its default and therefore this matter does not fall within the exception to arbitration provided by §
7.02.(d)....
...by federal policy but contrary to the intent of the parties.'" Id. (citations omitted). Here, the parties' agreement expressly contemplates a dual dispute resolution system under which some disputes may be litigated while others are arbitrated. See, § 7.02....
...g dispute. At this stage, the only issue for the Court is whether the parties intended to submit Campero's claim regarding its alleged proper termination under §
6.02 to arbitration or litigation. Paladino,
134 F.3d at 1057. The express language in §
7.02 of the Agreement clearly shows the parties' intention to submit this dispute to litigation....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 42 U.C.C. Rep. Serv. (West) 1206
paragraph (l)(b) of Section 7-2-103.” § 8-20-3(7), Code of Alabama (1975). Section 7-2-103(l)(b) is the
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
enumerated controlled substance in §
893.135(1), Fla. Stat.)7, 2. The defendant actually [sold] [purchased]
CopyCited 1 times | Published | Supreme Court of Florida | 2002 WL 534597
pursuant to the policy of the state in Article II, Section 7. (2) The Everglades Sugar Fee shall expire twenty-five
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 394, 1996 Fla. LEXIS 1630
pursuant to the policy of the state in Article II, Section 7. (2) The Everglades Sugar Fee shall expire twenty-five
CopyPublished | District Court, S.D. Florida
2000, D.E. 58-2. D.E. 47-13 at 1. Id. at 13 (§ 7.2.2.4.6.3). Id. at 2. Id. at 3. See Deposition
CopyPublished | Court of Appeals for the Eleventh Circuit
a 4-year statute of limitations, see Ala. Code § 7-2-725. The dispute is about when the claims arose
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
requirements of Part I, Ch. 287, F.S. AS TO QUESTION 3: Section 7(2)(b), Ch. 92-277, Laws of Florida,12 provides:
CopyPublished | Court of Appeals for the Eleventh Circuit
limitations under the UCC is four years. See Ala. Code § 7- 2-725(1); O.C.G.A. § 11-2-725. Starting with
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7291
calling for an election in Dade County pursuant to section 7.02 of the Charter of Metropolitan Dade County,
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
protecting the state’s natural resources, article II, section 7,2 and we also *1076acknowledge the efforts of the
CopyPublished | District Court of Appeal of Florida
DCA 2008)). The association argues that Section 7.2 of the Declaration, which obligates the association
CopyPublished | Court of Appeals for the Eleventh Circuit
E. Allen Farnsworth, Farnsworth on Contracts, § 7.2 at 194 (1990). The rule does not purport to exclude
CopyPublished | Court of Appeals for the Eleventh Circuit
with respect to goods of that kind.” Ala. Code § 7-2-314 (1975). “Merchantability” refers to a product’s
CopyPublished | District Court, N.D. Florida | 28 Employee Benefits Cas. (BNA) 2449, 2002 U.S. Dist. LEXIS 16332, 2002 WL 1837851
benefits under the Plan is determined under section 7.2 of the Plan. This is dependant upon the employee's
CopyPublished | Florida 6th District Court of Appeal
Maureen A. Sullivan, Limited Liability Companies § 7:2 (2024) (“The LLC statutes do not mandate distributions
CopyPublished | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615
responsibilities of such Unit Owners. (Ex. 16 at § 7.2.) A similar provision is in the Bylaws of the Association
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 7020
of the trial court. Initially, Chapter 59-1658, § 7(2) (g), is at best vague as to the interest acquired
CopyPublished | Court of Appeals for the Eleventh Circuit | 1993 WL 35901
subject only to reasonable notice. See Ala.Code § 7-2-309(2), (3) (1984). We review the grant or denial
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197
buildings have certain parking available. Moreover, Section 7-2 D. of the ordinance provides that "no existing
CopyPublished | Court of Appeals for the Eleventh Circuit | 1991 WL 11496
the use of the property.” Uniform Partnership Act § 7(2). Therefore, the fact that Ms. Simmons “shared”
CopyPublished | Court of Appeals for the Eleventh Circuit
Redish, Summary Judgment: Federal Law and Practice § 7.2 (2023). But the 10-day rule was superseded
CopyPublished | Court of Appeals for the Eleventh Circuit
...regard to the number of billboards and their location. Compare LDC § 7.01.01(A)
(restricting new billboards to designated locations, and stating that no increase in
the total number of billboards shall be permitted “unless fully compliant with this
Code”) with LDC § 7.02.01(A) (limiting on-premise ground signs to four per
location, but placing no limits on the number of building signs such as marquee
and canopy signs).
Section 7.01.01(C) concerns severability of the billboard provisions....
...permitting new Billboards is found unconstitutional . . . all provisions pertaining
to allowing and permitting new Billboards shall be deemed voided in totality and
no new Billboards shall be allowed.”
2. ON-PREMISE SIGNS
Part 7.02 regulates on-premise signs. On-premise signs are generally
limited to 150 square feet. See LDC § 7.02.01(B). Those within 500 feet of the
interstate are allowed up to 300 square feet of advertising space. See LDC §
7.02.02(B)....
...at 322 (upholding an ordinance listing thirteen specific grounds
under which a permit application may be denied, none of which “has anything to
12
Additionally, “permit applications for on-premise signs shall be in accordance with Part
7.02.00,” which sets forth requirements for on-premise signs. LDC §§ 7.00.01, 7.02.01.
19
do with what a speaker might say”).13
VI....
CopyPublished | Florida 3rd District Court of Appeal
” 1 Modern Tort Law: Liability and Litigation § 7:2 (2d ed.) (footnotes omitted). The doctrine
CopyPublished | Court of Appeals for the Eleventh Circuit | 9 Fed. R. Serv. 3d 984
constitute “special circumstances” under Ala.Code Section 7-2-714(2) (1975),4 so that the rental value of the
CopyPublished | Florida 5th District Court of Appeal | 2004 WL 2776033
reversion. See, Chapter 59-1658 of Laws of Florida, Section 7(2)(g). The Court also takes judicial notice of
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18877
ordinance in the City of Sunrise Charter, Article VII, § 7.02, which reads in part: “Any police officer of the
CopyPublished | Court of Appeals for the Eleventh Circuit
...at § 1.62-2(f)(2).
The district court found that because Trucks's policy did not require drivers to return the 1% of load
revenue directed towards lodging if they chose to sleep in the sleeping berths in the trucks, Trucks failed this
third requirement as well. Trucks relies on Rev. Proc. 90-60 § 7.02, which requires accountable per diem
allowances to ask that employees return the per diem allowance for "days of travel not substantiated," as
opposed to costs not substantiated....
CopyPublished | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 21146
period of time as said Trustee as in office. Section 7.2(8) details the trustees’ powers as follows: Specific
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3783
challenge the validity on constitutional grounds of § 7.02 of the Dade County Home Rule Charter which provides
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4745
1943). . 1 Antieau, Municipal Corporation Law § 7.02. . See City of Miami v. Walker, Fla.App. 1964
CopyPublished | Florida 5th District Court of Appeal | 1999 WL 218410
addition to the causes for dissolution set forth in Section 7.2(c)[[2]], the Partnership shall be dissolved in