CopyCited 244 times | Published | Court of Appeals for the Eleventh Circuit | 8 Fed. R. Serv. 3d 20, 1987 U.S. App. LEXIS 7920
plaintiffs’ investment losses. According to O.C. G. A. § 7-4-15, recovery of pre-judgment interest on liquidated
CopyCited 90 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 28911
and commentator. See Davis Supp. § 7.4, at 166. (Brown Express is a gold
CopyCited 84 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 26375
defendants to rely upon the grievance procedures of Section 7.4 of the Personnel Policy? Yes. 7
CopyCited 65 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 15341, 1989 WL 108478
not award prejudgment interest. Under O.C.G.A. § 7-4-15, a claimant is entitled to statutory interest
CopyCited 63 times | Published | Court of Appeals for the Eleventh Circuit
interest from the time of the demand." O.C.G.A. § 7-4-15 (2018). "[T]he sole prerequisite for an award
CopyCited 58 times | Published | Court of Appeals for the Eleventh Circuit | 27 Collier Bankr. Cas. 2d 475, 1992 U.S. App. LEXIS 17448, 23 Bankr. Ct. Dec. (CRR) 407
day after it receives the check. See Ala.Code § 7-4-104(1)(h) (1975) (the "midnight deadline rule")
CopyCited 55 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 17840
acquittal. ABA Criminal Justice Mental Health Standards § 7-4.1(c) & commentary (2d ed. 1986). . Both of these
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
"own occupation" *1270 benefits. See Ga.Code Ann. § 7-4-12 (establishing Georgia's post-judgment interest
CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 6002
Securities Fraud & Commodities Fraud, § 7.4(600), at 7:159, 7:160.14 (1996) (ultimately concluding
CopyCited 28 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 9443, 1995 WL 152680
interest rate of 12% per annum based on O.C.G.A. § 7-4-12, which establishes Georgia’s post-judgment interest
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 23187
1(a), recodified at Ga. Code Ann. § 7-4-3 (repealed 1983). 2 . Section 57-119
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 27069
of Georgia adopted the same construction of section 7-4-18 as did the district court in this case. We
CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2005 WL 1226127
redemption. RESTATEMENT (THIRD) OF PROP.: MORTGAGES § 7.4 (1997). A comment to this section explains that
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 14690
23) plus 7% annual interest pursuant to O.C.G.A. § 7-4-2. 2 . On July 11, 1988, the district
CopyCited 14 times | Published | District Court, M.D. Florida | 1984 U.S. Dist. LEXIS 21060
...preceeding the bringing of the action."). A leading commentator in the trade secrets field has indicated that publication of a trade secret should commence the running of the statute of limitations. 12A Business Organizations, MILGRIM, TRADE SECRETS § 7.04[2] at 7-36, 7-37....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 16920
...In 1980 the state attorney’s office for the Sixth Judicial Circuit in Clearwater, Florida began investigating possible criminal violations by members of the Church of Scientology. The charges included alleged harassment and intimidation of newspaper reporters. Pursuant to Fla.Stat. § 27.04, the office issued an investigative subpoena to Wolfe, who was a public relations official for the Church....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 9894, 2007 WL 1238537
guardianship rights. Guardianship of Infants Act of 1964, § 7(4), (5). As noted by the district court, in Ireland
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 2906
percent interest rate provided by Ga.Code Ann. § 7-4-2 (Supp.1985). This error was not corrected by the
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17292
to register his boat annually with the City. Section 7-4 of the ordinances provides for annual registration
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 39 U.C.C. Rep. Serv. (West) 1937, 1984 U.S. App. LEXIS 20368
bound to pay them ____” Off. Code Ga. Ann. § 7-4-15 (1982). A debt is “liquidated” if it is
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit
required by section 501(c) of DIDM-CA. O.C.G.A. § 7-4-3 (Supp.1985). If the contract does not include
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 6 Fla. L. Weekly Fed. B 345, 1992 Bankr. LEXIS 2104
...restriction on the transfer of a beneficial interest of the debtor in a trust" within the meaning of 11 U.S.C. § 541(c)(2). In addition, although not expressed as clearly or forcefully as the language in the Patterson plan (see footnote *1006 # 4), § 7.04 of the Debtor's Plan also imposes "[a] restriction on the transfer of a beneficial interest of the debtor in a trust" within the meaning of 11 U.S.C. § 541(c)(2). [5] Section 7.04 the Debtor's Plan provides, with emphasis added: 7.04....
...ain (until made available to the participant or other beneficiary) solely the property and rights of the employer (without being restricted to the provision of benefits under the plan), subject only to the claims of the employer's general creditors. Section 7.04 of the Debtor's Plan, contains language virtually identical to I.R.C. § 457(b)(6). Consequently, the Debtor argues that this language is enforceable under applicable federal law. The Court agrees. Section 7.04 of the Debtor's Plan was obviously drafted pursuant to federal law, I.R.C....
...rizes. However, where there is a right there is a remedy for a right without a remedy is not a right. Furthermore, were the Court to hold unenforceable the language contained in I.R.C. § 457(b)(6) and the corresponding section of the Debtor's Plan, § 7.04, the Debtor's Plan would not qualify under I.R.C. § 457. This would nullify I.R.C. § 457. Thus, the Court holds that I.R.C. § 457(b)(6) and the corresponding section of the Debtor's Plan, § 7.04, imposes "[a] restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbankruptcy law ....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1998 WL 138770
Lowenfels, Securities Fraud & Commodities Fraud, § 7.4(600), at 7:159, 7:160.14 (1996) (ultimately concluding
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 27236
...Sales Center. Family Homes assigned the retail sales installment contract, dated January 25, 1983, to Southern Guaranty Corporation.. The amount financed was $11,474.76, and the total finance charge over the contract’s 15-year term was to be $17,507.04....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 29 Fla. L. Weekly Fed. D 299
the array." LA-FAVE, ET AL., CRIMINAL PROCEDURE § 7.4(e) (2d ed.1999) (quoting ALI Model Code of Pre Arraignment
CopyCited 5 times | Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 4954
...On page 30 it states: "and similarly, if defendant, X, pleads a cross-claim against his co-party, defendant Y, the latter must plead as a counterclaim any claim which he (Y) has against X that arises out of the transaction or occurrence which has made the basis of X's cross-claim." In 2A Moore's Federal Practice § 7.04, at 1539 it is reported: "No reply is mandatory to an answer made to a cross-claim unless it contains a counterclaim denominated as such.[4]" "[4] See Rule 13(a), (g), which authorizes a counterclaim in such a situation as this: defendant A c...
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 26135, 1991 WL 208975
granted prejudgment interest pursuant to O.C.G.A. § 7-4-15 (1989), which provides that all liquidated demands
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 12808
the Secretary. See 16 U.S.C. § 590h(b); 7 C.F.R. § 7.4. These state committees are “responsible for carrying
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 102861
by the borrowers and were authorized by O.C.G.A. § 7-4-2. B. Appellees (1) Appellees contend that the trial
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 368, 1996 Bankr. LEXIS 536, 1996 WL 268095
...1992); In re Communicall Cent., Inc.,
106 B.R. 540, 544 (Bankr.N.D.Ill.1989); In re McLean Enterprises, Inc.,
105 B.R. 928, 936-37 (Bankr.W.D.Mo.1989). This view is also supported by respected treatises. E.g. 1 Robert E. Ginsberg & Robert D. Martin, Bankruptcy: Text, Statutes, Rules §
7.04[a] (1994); Norton Bankruptcy Law and Practice 2d § 41.24 (1994)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 31641528
created hereby shall be unwound pursuant to Section 7.4 hereof. If the parties cannot agree whether this
CopyCited 2 times | Published | Florida 1st District Court of Appeal
and Seizure, A Treatise on the Fourth Amendment, § 7.4 at 86 (Supp. 1981), where the author recognizes
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
loans of $8,000 or less is 16%. See Ga. Code Ann. § 7-4-2(a)(2).2 This means that a payday store is' limited
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 42 U.C.C. Rep. Serv. (West) 937, 1986 U.S. App. LEXIS 21741
IFTRIC. In so doing, the court relied on Ala.Code § 7-4-103(5) (1975), which.provides that: The measure
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2254517
Supreme Court Comm. On Standard Jury Instructions, § 7.4 (May 2006). Billie argues that the trial court erred
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
Georgia's criminal usury statute, O.C.G.A. § 7-4-18. The pawnbrokers moved to dismiss the complaints
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 8228
violated Georgia’s criminal usury statute, O.C.G.A. § 7-4-18, and the Racketeer Influenced and Corrupt Organizations
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2011 WL 3715769
Statute, O.C.G.A. § 7-4-2(a)(2); the Georgia Criminal Usury Statute, O.C.G.A. § 7-4-18(a); the Georgia
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 387239
the Georgia criminal usury statute, Ga.Code Ann. § 7-4-18 (Case No. 92-8352); and whether a loan broker’s
CopyCited 1 times | Published | District Court of Appeal of Florida | 75 L.R.R.M. (BNA) 2552, 1970 Fla. App. LEXIS 5601
interest of his employer (except as modified by Section 7.4 below) the amount then standing to the credit
CopyCited 1 times | Published | District Court, M.D. Florida | 17 Fed. R. Serv. 2d 845, 1972 U.S. Dist. LEXIS 11164
257, 5 Stat. 539; Act of March 2, 1833, ch. 57, § 7, 4 Stat. 634. When several of the earlier habeas corpus
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 35731, 2007 WL 1455963
...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....
...the purpose of public service to indicate the direction or location of a major tourist destination, historic district, public institution, hospital, college, unique geographic area, or non-profit public service institution; and on-site signs. See §§ 7.04.01, 7.04.02, 7.04.03....
...ridled discretion in determining whether or not a sign permit will issue. The allegations would appear directed at provisions such as the following which permit impermissible discretion to County official in determining whether an exemption applies: § 7.04.02(A) (permitting the County Administrator to determine whether an offsite directional sign is exempted from the general off-site ban); § 7.01.00(D) (which fails to include objective standards to determine what content qualifies as holiday,...
...idewalk 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)....
...al topics while prohibiting other legal and truthful commercial information. (Doc. 84 at 29-30, ¶ 95). Thus, Plaintiff appears to complain that County officials have the discretion to allow signs for favored businesses or causes, and they cite to §§ 7.04.02(A)(1) (generally allowing "offsite directional signs" but only if content "indicate[s] the direction or location of a major tourist destination, historic district, public institution, hospital, college, unique geographic area or non-profit public service institution"); 7.04.02(B) (off-site directional ground signs); and 7.04.02(C) (off-site directional pole signs). See (Doc. 93 at 12-13). All such off-site directional ground and pole signs are restricted as to size. See §§ 7.04.02(B)(6) (off-site directional ground signs may have an aggregate sign surface area of 72 square feet, but no single sign face may exceed 36 square feet in aggregate sign surface area); 7.04.02(C)(6) (total height of any off-site directional pole sign and the sign structure upon which it is mounted shall not exceed 16 feet, as measured from the pavement edge to the highest point of the sign structure)....
...As for the equal protection claims, Plaintiff argues in its motion that certain provisions in the old sign regulations favored certain charities, organizations and businesses such as tourist destinations by permitting their posting of offsite signs (e.g., § 7.04.02) while at the same time denying other commercial businesses the same opportunity....
...However, nothing in the evidentiary record establishes that Plaintiff was a person subject to or affected by the allegedly offensive provisions of the regulations. Notably, Maverick was not subject to the exceptions, to the prohibitions on off-site signs found in § 7.04.02 of the old regulations because the evidence submitted by Maverick reveals that it sought permits for signs measuring 14' × 48', the size of which clearly exceeds the size limitations contained in the excepted off-site directional signs provisions. See, e.g., §§ 7.04.02(B) (6), (C)(6), (D)(2), (E)(2), and (F)(2)....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 390, 2001 WL 455580
...There is no question that even a cursory reading of the Plan submitted leaves no doubt that the Plan is not an ERISA qualified Plan at all but established pursuant to Section 457(g) of the Internal Revenue Code. 26 U.S.C.A. § 457(g). See Article VII, Section 7.04 of the Deferred Compensation Plan provided by Debtor, and Article X, Section 10.07 of same....
...deferred compensation program and the Plan was maintained pursuant to Section 457(g) of the Internal Revenue Code (26 U.S.C. § 457(g)). In attempting to distinguish the instant matter from the holding of this Court in Handshaw, the Debtor relies on Section 7.04 of the Plan involved here, which provides the following: All assets of the PLAN, including all deferred amounts, property and rights purchased with deferred amounts, and all income attributable to such deferred amounts, property or right...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 191922, 2013 Fla. App. LEXIS 755
this rule.) SFWMD correctly concluded that BOR section 7.4 did not apply because the G5 project included
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28415, 2005 WL 1054450
...e monthly payments equal to 50 percent of the amount formerly payable to him for her lifetime. However, "[i]f the spouse is not alive when the Participant dies, no further payments are made." (KRIP (Mar. 31, 1997), vol. II, tab 3 ("1997 Plan Doc."), § 7.04(b) [EK00116].) The Plan also allowed John Bird to elect to receive his benefits in one of several "optional forms of payment" instead of the 50% Contingent Annuitant annuity....
...John Bird received Plan benefits from his 1979 retirement until his death in September 2002. His wife, Jean Bird, predeceased him in 1993. Therefore, when John Bird died in September 2002, because "the spouse [was] not alive when the Participant die [d], no further payments [were] made" under the Plan. (1997 Plan Doc. § 7.04(b) [EK 00116].) It is this determination that is challenged by Plaintiff in this action....
...ath had she not predeceased him. Therefore, although John would continue to receive his monthly benefit throughout his life, because his contingent annuitant did not survive him, "no further payments [would be] made" after his death. (1997 Plan Doc. § 7.04(b) [EK00116].) Finally, in response to an inquiry from the court-appointed guardian on March 24, 1998 (tab 18 to Denial Letter [EK00661]), Kodak provided a "Benefits Affidavit" to the guardian dated April 16, 1998....
CopyPublished | District Court of Appeal of Florida
4th DCA 2004) (quoting LaFave, et al., Crim. P. § 7.4(e) (2d ed. 1999)). “Photographs used in lineups
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 14475, 2015 WL 5714701
...manner that has no counterpart in common law jurisdictions and which should not
7
be confused with the ministerial functions of a common law notary public. See
Thomas A. Thomas & David T. Smith, Florida Estates Practice Guide, § 7.04(5)
(2015).
A treatise that surveyed the practices of different countries concerning
notarial wills noted four stages commonly involved in the creation of a notarial
will:
First, the testator makes an oral declaration of the will to the notary
and two witnesses....
CopyPublished | District Court of Appeal of Florida
determination of whether cause exists under Section 7.4 [Resignation, Removal, Death, or Disability
CopyPublished | Court of Appeals for the Eleventh Circuit
the 1st Monday in November . . . .” 2 U.S.C. § 7. 4 The Electoral Count Reform and Presidential
CopyPublished | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 202, 2006 Bankr. LEXIS 3260, 2006 WL 3543154
(xii) Cure of Defaults. (11 U.S.C. § 1123(d)). Section 7.4 of the Plan provides for the satisfaction of
CopyPublished | District Court of Appeal of Florida
4th DCA 2004) (quoting LaFave, et al., Crim. P. § 7.4(e) (2d ed. 1999)). “Photographs used in lineups
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1166, 1987 Fla. App. LEXIS 8169
06(1), Florida Statutes. See also Leiby, supra, § 7.04; and 2 Rakusin, supra, Ch. 14, p. 4. Thus, as long
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 524826
violated Georgia’s criminal usury statute, O.C.G.A. § 7-4-18. The pawnbrokers moved to dismiss the complaints
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 8611
violated Georgia's criminal usury statute, O.C.G.A. § 7-4-18. The pawnbrokers moved to dismiss the complaints
CopyPublished | District Court of Appeal of Florida
determination of whether cause exists under Section 7.4 . . . or Section 10.3 . . . shall arise between
CopyPublished | District Court of Appeal of Florida
determination of whether cause exists under Section 7.4 . . . or Section 10.3 . . . shall arise between
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16111
amended by Laws of Florida, Chapter 74-382, Section 7(4)(a), which provided that in an action for professional
CopyPublished | Court of Appeals for the Eleventh Circuit
the Secretary. See 16 U.S.C. § 590h(b); 7 C.F.R. § 7.4. These state committees are “responsible for carrying
CopyPublished | Court of Appeals for the Eleventh Circuit | 967 F.2d 505
banking day after it receives the check. See Ala.Code § 7-4-104(l)(h) (1975) (the “midnight deadline rule”)
CopyPublished | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 68685
before the date of death. Policy 2597589 at 10 § 7.4 (document 94-2 at 11). 5. Applying the Misstated-Age
CopyPublished | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 3945
Boyer in “Florida Real Estate Transactions” at § 7.04 dealing with deeds of the type here discussed says:
CopyPublished | Court of Appeals for the Eleventh Circuit
borrower or debtor. Ga. Code Ann. § 7-4-2 (emphasis added). Section 7-4-2 suggests that compound contractual
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 3780742
an evil intent." Fla. Std. Jury Instr. (Crim.) § 7.4 (5th ed. 2005). Here, there was competent substantial
CopyPublished | Court of Appeals for the Eleventh Circuit
States, supra. Cf. K. Davis, Administrative Law, § 7:4, p. 167 (1982 Supp.) (legal effect of a Treasury
CopyPublished | Court of Appeals for the Eleventh Circuit
G.A. § 7-3-1 et seq., and usury laws, O.C.G.A. § 7-4-18. The Oasis lenders removed the suit to federal
CopyPublished | Court of Appeals for the Eleventh Circuit
Ann. § 7-4-1 et seq., by charging more than 16% per annum on a loan of $3,000 or less, id. § 7-4-2(a)(2)
CopyPublished | Court of Appeals for the Eleventh Circuit
interest from the time of the demand. O.C.G.A. § 7–4–15. This law compensates the creditor for the de-
CopyPublished | Court of Appeals for the Eleventh Circuit
one-half percent per month, pursuant to Ga. Code Ann. § 7-4-16 (1989), for their unpaid bills; this equals eighteen
CopyPublished | Court of Appeals for the Eleventh Circuit
2 statute, O.C.G.A. § 7-4-18. The pawnbrokers moved to dismiss the complaints
CopyPublished | Court of Appeals for the Eleventh Circuit
violated Georgia’s criminal usury statute, O.C.G.A. § 7-4-18(a), and the Racketeer Influenced and Corrupt
CopyPublished | Florida 5th District Court of Appeal | 1999 WL 218410
shall be dissolved and terminated pursuant to Section 7.4 of this Agreement by written notice to the Defaulter