Florida/Georgia Personal Injury & Workers Compensation

pickup the Splenda in Savannah. See, e.g., O.C.G.A. § 11-2-319(3) ("Unless otherwise agreed of in any case

apply to service on entities specified under § 11(2) of the Austrian Service Act. Dist. Ct. Doc. 87

See Jack Goger, Georgia Criminal Trial Practice § 11-2 (2007). At the hearing, defense counsel may subpoena

...trollable by medication, but that she had failed to take her medications as prescribed. The AU provided the following explanation of his decision: Although claimant at various times has alleged seizures of a frequency which would meet either Listing 11.02 or 11.03, neither claimant’s description of the frequency or severity of the seizures is considered entirely credible....

...Section 11.00 of the Listing of Impairments provides guidance for the determination of whether a neurological impairment is of a severity that renders a person disabled within the meaning of the Social Security Act. With respect to establishing a neurological impairment that meets the criteria of sections 11.02 and 11.03, section 11.00 provides the following: Under 11.02 and 11.03, the criteria can be applied only if the impairment persists despite the fact that the individual is following prescribed anticonvulsive treatment....

...rt of the physician currently providing treatment for epilepsy. Determination of blood levels of ... anticonvul-sive drugs may serve to indicate whether the prescribed medication is being taken. When seizures are occurring at the frequency stated in 11.02 and 11.03, evaluation of the severity of the impairment must include consideration of the serum drug levels....

Alphamed’s recovery. Pursuant to O.C.G.A. § 11-2-708(2), an aggrieved seller may recover “profit

LaFave & Jerold H. Israel, Criminal Procedure § 11.2, at 8 (Supp. 1991) ("[T]he initiation of adversary

participation in or their benefits under the Plan." § 11.2 ("Authority [of Pension Dispute Board]")

Jr., Administrative Law Treatise § 11.2 (1994). 12 . The Eleventh Circuit

Congressional directive, the agency promulgated 7 C.F.R. § 11.2(b) (2002), which provides that a person “shall

of sections 11.2 and 13.9 of the Declaration. Section 11.2 provides: No Lot shall be divided, subdivided

lots to be separately accepted . . . ." O.C.G.A. § 11-2-612(1). "Whenever nonconformity or default with

requirements of the Georgia Statute of Frauds, O.C.G.A. § 11-2-201, and should not have been submitted to the

defendant. 1 White & Summers, Uniform Commercial Code § 11-2, at 528 (3rd ed. 1988). The complaint does not

603 (1979). . See J. MCCARTHY, supra note 6, § 11:2. . Vision Center v. Opticks, Inc., 596 F.2d 111

Developmentally Disabled program. 1996, Fla.Laws ch. 96-417, § 11(2). [2] During the pendency of this action, Plaintiff

(citing 1 White & Summers, Uniform Commercial Code § 11-2, at 528 (3rd ed.1988)). This Court finds that the

...We are of the opinion that such case does not support the position taken by the appellant because that case involved an attorney's charging lien which is separate and distinct from the retaining lien claimed by the appellant. We think the question can be answered by reference to the Integration Rule of The Florida Bar, Section 11.02(4), 32 F.S.A....

...school purposes. There is yet another serious constitutional defect in this act. In February of 1965 there was published in a local newspaper in West Palm Beach, pursuant to the requirements of Section 21, Article III of the Florida Constitution and Section 11.02, Florida Statutes 1963, F.S.A., a notice of intention to apply to the Legislature for the passage of certain local legislation....

Trawick, Jr., Trawick's Florida Practice & Procedure § 11-2 (1986 ed.). In these circumstances, Florida Rule

concur. NOTES [1] Fla.Con. of 1885, Art. VIII, § 11. [2] Id. at (6).

McGovern, Kurtz & Rein, Wills, Trusts & Estates, § 11.2 (1988) ("The word `heirs' does not always refer

judice derives its organic jurisdiction under Section 11(2), Article V, Constitution of Florida, which

conditions in contracts between merchants.[38] Section 11-2-207 of Georgia's UCC, which is titled *1250

...nstitutional classification scheme to be procedurally barred as they did not file a cross-appeal to this Court on this issue. Regardless, we agree with the First District that there is no merit in this claim. See St. Vincent's, 928 So.2d at 435. [2] Section 11.02, Florida Statutes (2004), provides the notice requirements for special laws: The notice required to obtain special or local legislation or any relief act specified in s....

...he county or counties where the matter or thing to be affected by such legislation shall be situated. Notice of special or local legislation shall state the substance of the contemplated law, as required by s. 10, Art. III of the State Constitution. § 11.02, Fla....

...Florida, and affidavit of proof of such publication, together with true copy of such notice, was duly attached to this Act when the Bill therefor was introduced in the Legislature, and accompanied said Bill throughout the Legislature as required by Section 11.02 and 11.03, Florida Statutes 1941, and the Legislature hereby declares that said notice and affidavit are sufficient in form and in substance and that said Section 21 of Article 3 of the Constitution and said Sections 11.02 and 11.03 have been complied with in every respect....

...iation), 9-102(B)(3) (failure to maintain complete records of clients' property), and 9-102(B)(4) (failure to promptly deliver to client property client is entitled to receive) of the Code of Professional Responsibility, as well as article XI, Rules 11.02(3)(a) (committing acts contrary to honesty, justice, or good morals), 11.02(4) (misappropriation of trust funds), and 11.02(4)(b) (failure to maintain records of clients' funds and accounts) of the Integration Rule, and Bylaws Section 11.02(4)(c) (failure to apply proper trust accounting procedures)....

...Safran, Fla.1953, 68 So.2d 553, 557-58; Diehl v. Gibbs, Fla.App.1965, 173 So.2d 719, 720. *118 To overcome the failure to notice termination of the Lease, in the documentation involved here, the Landlord relies on the language in the Paragraph cited earlier, 11.02 of the lease, which states that, "[U]pon service of such notice or the failure to cure the default within the time prescribed in the notice, this Lease shall forthwith terminate." This provision in the lease is not consistent with the Statute....

is whether the Parole Evidence Rule, O.C. G.A. § 11-2-202, provides a basis to disturb the jury’s finding

generally 2 Wayne R. LaFave, Substantive Criminal Law, § 11.2 (2d ed. 2003). To constitute the common law crime

...[1] The referee recommended that Adler be found guilty of violating the following: Disciplinary Rule 9-102(A), Code of Professional Responsibility, for commingling his *900 funds or funds belonging to his business entities with trust funds; Florida Bar Integration Rules, article XI, rule 11.02(4) for using client trust funds for purposes other than the specific purpose for which the funds were entrusted to him; Florida Bar Integration Rule Bylaws, article XI, section 11.02(4)(c)2.c. for failing to maintain, preserve, and produce original cancelled checks for a trust account existing between March 1983 through January 1984; section 11.02(4)(c)2.f. for failing to maintain, preserve, and produce client ledger cards; section 11.02(4)(c)2.g. for failing to maintain, preserve, and produce bank statements; sections 11.02(4)(c)3.a.(i) and (ii) for failing to maintain, preserve, and produce for inspection monthly reconciliations and comparisons and annual listings; and section 11.02(4)(c)3.d....

...Respondent failed to satisfy the debts as agreed and kept $491.83 of this money without providing an accounting, allegedly because he was contesting the amount owed him. As to count one, the referee recommended respondent be found guilty of violating Rule 11.02(4)(b) (failure to maintain required records or to produce them upon proper direction); Disciplinary Rules 9-102(A) (commingling) and (B) (failure to preserve the identity of funds of a client, notify client of receipt of funds, maintain complete records of client's funds, and promptly pay to client funds which the client is entitled to receive); and Bylaws Section 11.02(4)(c) (lack of a separate cash receipts and disbursements journal; failure to produce ledger cards or similar records for all receipts and disbursements of trust funds; lack of required trust account balance reconciliations). On count two, the referee recommended respondent be found guilty of violating Rule 11.02(4)(b); DR 6-101(A)(3) (neglect of a legal matter) and DR 9-102(A) and (B). On count three, the referee recommended respondent be found guilty of violating Rule 11.02(4) (failure to comply with trust fund requirements) and DR 9-102(A) and (B)....

...If the initial intrusion which brings an item into plain view of an officer is not supported by a warrant, the item seized may still be admissible if one of the exceptions to the warrant requirement applies. Coolidge v. New Hampshire, supra. See also: C. Whitebread, Criminal Procedure § 11.02, at 213-214 (1980)....

Education Florida Eminent Domain Practice and Procedure § 11.2. Although a jury can certainly award zero damages

...To illustrate, a building erected prior to the policy period which collapses during the term of the policy may give rise to a covered claim. Conversely, a building erected during the policy period collapsing after the policy expires cannot give rise to a covered claim. Cf. Long, Products Liability Insurance § 11.02 at 11-12-5 n....

building or floor area served thereby is occupied." Section 11.2. Marking of Exit Ways. "a. In rooms accommodating

...Petitioner alleges that chapter 77-382, Laws of Florida, which amended section 373.0693(8), Florida Statutes, to establish the Greater St. Johns River Basin, was a special act necessitating the notice requirements of article III, section 10, Florida Constitution, and section 11.02, Florida Statutes....

1887, 23 Fla. 281, 2 So. 5. Fla. Const. Art. V, § 11(2), 1885, provided: "The justices of the peace shall

permitted. H. Trawick, Florida Practice and Procedure, § 11-2 (1989). Trawick gives no authority for this conclusion

participation in or their benefits under the Plan.” § 11.2 ("Authority [of Pension Dispute Board]”). . For

...The referee's recommendations on guilt and disciplinary measures are as follows: III. Recommendation as to whether or not the respondent should be found guilty: I recommend that the respondent be found guilty as to Count I, of the following violations of the Code of Professional Responsibility: Integration Rule 11.02(4) (Applying client trust funds to a purpose other than that which the monies were entrusted); Integration Rule 11.02(4)(b) (Failure to preserve his bank records for a period of not less than six (6) years); The Florida Bar Bylaws Section 11.02(4)(c) 2 (Failure to maintain minimum trust accounting records); Bylaws Section 11.02(4)2E (Failure to maintain *1119 separate cash receipts and disbursement journals, including columns for receipts and disbursement journals, transfers and account balance); Bylaws Section 11.02(4)(c)2F (Failure to maintain a separate file or ledger with an individual card or page for each client or matter, showing all individual receipts, disbursements or transfers and any unexpended balance); Bylaws Section 11.02(4)(c)3A (Failure to reconcile trust account on monthly basis); Bylaws Section 11.02(4)(c)3B (Failure to maintain on an annual basis, a detailed listing identifying the balance of the unexpended trust money held for each client or matter); Bylaws Section 11.02(4)(c)3c (Failure to retain for at least six (6) years, reconciliations, comparisons and listings on trust accounts); Bylaws Section 11.02(4)(c)2B (Failure to maintain original or duplicate deposit slips in the case of currency or coin, and additional cash receipt books); Bylaws Section 11.02(4)(c)2c (Failure to maintain original cancelled checks, all of which must be numbered consecutively); DR 1-102(A)(4) (Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation); DR 1-102(A)(6) (Engaging in conduct tha...

...We see no reliance on uncorroborated hearsay. Respondent argues that the $23,500 was a loan from Wheeler and that he did not need the permission of the client to withhold and withdraw the money from the trust account. The Bar responds that Integration Rule 11.02(4) permits disbursement from a trust fund for specific purposes only, that the client gave specific instructions on disbursement which did not include withholding $23,500 or paying $22,500 on the wife's loan, and further, that the money was taken before respondent went to Texas and failed to verify the oil contract....

and thereby terminated the Lease pursuant to Section 11.2 thereof. On November 1, 1984 the Summons and

assumed a greater obligation and subject to Code Section 11-2-614 on substituted performance: (a) Delay

...and twenty-five active members of The Florida Bar have petitioned the Court for modifications of the Integration Rule with respect to interest on lawyers' trust accounts. Simultaneously, the Board of Governors of The Florida Bar has petitioned the Court to suspend the operation of existing Integration Rule 11.02(4)(d) pending revisions thereto, and to add to Rule 11.02(4) an express authorization for the investment of individual clients' funds on their behalf....

...In order to obtain comments and views from affected and interested parties, petitioners request that we publish the proposed amendments, and that we set a time period to receive written views and comments. The bar foundation's amendments to our trust account opinion and to Integration Rule 11.02(4)(d), which have been represented to satisfy conditions of the Internal Revenue Service prerequisite to IRS' approval of trust account plans in Florida, are appended to this order. The bar's proposed amendment to Rule 11.02(4), creating a new subsection (f), is also appended....

...ing not later than May 15, 1981. Petitioners shall have until May 25 to respond to any written submissions, following which we will hear oral arguments on the proposals at 9:30 a.m. on June 2, 1981. In the meantime, the operation of Integration Rule 11.02(4)(d) in its present form is suspended until further order of the Court....

...tted. Attorneys will remain free to exercise their discretion to arrange special investments not limited to savings accounts for advances not described in the preceding sentences for the funds of their clients when appropriate; (b) A modification of section 11.02(4)(d) of the Integration Rule is proposed as follows: (d) Trust Savings Accounts....

...such sum of interest and shall assume the defense of the action. (c) The Board of Governors of The Florida Bar at its January 1981, meeting, voted to recommend to this court adoption of an amendment to Florida Bar Integration Rule, article XI, Rule 11.02(4)....

preclude reliance on the allocation remedy of O.C.G.A. § 11-2-615, the seller need expressly assume a greater

debtor was the employer and sole beneficiary. Section 11.2 of the pension plan prohibits the assignment

Richard J. Pierce, Jr., Administrative Law Treatise § 11.2 at 178-79 (3d ed. 1994). This places the federal

Article III, Section 21, Florida Constitution and Section 11.02 Fla. Stat., 1941, F.S.A., must be published

and Jones’ Florida Civil and Criminal Discovery, § 11-2 (4th ed.1997); James L. Underwood, A Guide to Federal

...result, in a contest between Swig and a state law attachment creditor that levies on Engine 093 and Swig, the attaching creditor's claim to title would have priority over Swig's claim of title. E. Transfer of Ownership of Engine 093 28. Pursuant to Section 11.02 of the Master Lease, Air Florida was required to promptly notify FSA in writing that Engine 929 had been destroyed and to "replace such Engine as soon as reasonably possible" by duly conveying to the owner of the destroyed engine (Swig) title to a replacement engine free and clear of all liens....

...e) existed at the time (the existence of which we need not address here), Air Florida would have been entitled to retain the insurance proceeds it received with respect to Engine 929, but even then only if it "shall have fully performed the terms of Section 11.02," and in particular, conveyed a replacement engine to Swig....

...Air Florida's duty to convey title to a replacement engine for Engine 929 is a duty to sell goods to Swig in exchange for valuable consideration (the insurance proceeds received by Air Florida and the other rights generally of Air Florida under the User Lease). 31. The Court holds that Sections 11.02 and 12.03(B) of the Master Lease clearly evidence the general intent of the parties that Air Florida must convey title to a replacement engine as quickly as possible when a leased engine is destroyed and that if Air Florida promptly notifies FS...

...more than 1½ years and that it ought to be deemed to have transferred title to it to Swig. However, the Court holds that when Engine 880 was damaged, it did not suffer an "Event of Loss" as defined in Section 1.12 of the Master Lease and as used in Section 11.02 thereof, and therefore Section 11.02 with respect to replacing engines did not apply....

...which — allegedly negligently — conducted a "transit check" inspection of the aircraft in Miami while it was on an entirely different COPA flight the day before the accident. The provisions of the Warsaw Convention simply do not apply to these petitioners. See Lee S. Kreindler, Aviation Accident Law § 11.02[7], at 11-34 (1993) ("The Warsaw Convention only limits the liability of air carriers......

provisions of O.C. G.A. § 11-1-201(10) and O.C.G.A. § 11-2-302(1) to support its argument that both questions

Article III of the Florida, Constitution (.1968) and § 11.02, Fla.Stat., F. S.A. Appellee moved for a rehearing

specifically the Plan's spendthrift provision. Section 11.2 of the Plan provided: "Spendthrift" Provision

...of a business store aisle — the incident sued upon in the instant case — and was therefore totally irrelevant to the instant case. See § 3121.2(4)(aa), South Florida Building Code. The Fire Code provision arguably prohibits such a placement, see § 11.02(3), Metro-Dade County Fire Prevention & Safety Code, but we conclude it is only applicable where, unlike this case, the "obstruction" is "hazardous to life or property," see § 1.01, Metro-Dade County Fire Prevention & Safety Code....

...A review of the record and the arbitration order illustrates that the arbitrator issued his decision based on Centurion's duty to indemnify UPS for damages "resulting to [UPS] either directly or indirectly, from or out of ... (d) any and all Retained Liabilities." Purchase Agreement, § 11.02....

Philip J. Padovano, FLORIDA APPELLATE PRACTICE § 11.2 (2004 ed.). And see 5 Am.Jur.2d Appellate Review

...or all work delegated to nonlawyer personnel), 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation), and 1-102(A)(6) (engaging in conduct adversely reflecting on his fitness to practice law) and article XI, Rule 11.02(3)(a) of the Integration Rule of The Florida Bar (engaging in conduct contrary to honesty, justice or good morals) arising from alleged inadequate recordkeeping in connection with the Robert Tauber estate....

...estate recordkeeping. The referee recommended that Carter be found guilty of violating Disciplinary Rules 3-104(A), (C) and (D). He recommended that Carter be found not guilty of violating Disciplinary Rules 1-102(A)(4) and (6) and article XI, Rule 11.02(3)(a) of the Integration Rule of The Florida Bar....

...ich time his *906 records of account shall be subject to periodic audit by a staff auditor of The Florida Bar. The cost of such audits shall be taxable to the respondent in the manner provided for in Florida Bar Integration Rule By-laws, article XI, section 11.02(4)(c)(6)....

(citing White & Summers, Uniform Commercial Code § 11-2, at 528 (3rd ed. 1988)). Plaintiff's complaint

Gilmore, Securities Interests in Personal Property, § 11.2, at 338. Rather, the terms of the agreements themselves

of a ‘present sale’ that is defined in O.C.G.A. § 11-2-106(1) as ... a sale which is accomplished by the

property. Ga. Real Estate Finance & Foreclosure Law § 11-2 (4th ed.) (citing Ga.Code Ann. § 48-5-9; Suttles

Rosa County. It was published as required by Section 11.02, *368Florida Statutes, F.S.A., and met all the

contract may be bilateral, 3 Corbin on Contracts § 11.2 (Rev. Ed.), that is usually because each party

held in trust for clients, and article XI, section 11.02(4)(c) of the Integration Rule Bylaws,3 which

02(4), Disciplinary Rule 9-102(A) and Bylaws Section 11.02(4)(c). The referee recommended that Diaz-Silveira

extinguishment, and control of fires in the district." Section 11(2), Ch. 76-414, Laws of Florida. The Board is

Section 21 of Article III of the Constitution and Section 11,02, F.S. 1955, F.S.A.In this appeal from the decree

districts * * ” (emphasis supplied), and Article V, Section 11(2), F.S.A., providing in part, “The justices of

four years. See Ala. Code § 7- 2-725(1); O.C.G.A. § 11-2-725. Starting with the substance of the

Rule, article XI, Rule 11.02(4)(b) and (c); Section 11.02(4)(c) 4.a. and 2.d. of The Florida Bar Integration

constitutional provision is implemented by Section 11.02, Florida Statutes,. F.S.A. We have held that

-*57102(4)(c), the Integration Rule Bylaws, article XI, section 11.02(4)(c), and the Code of Professional Responsibility

02(3)(a) and (b), 11.-02(4)(a), (b), (c) and (d); Section 11.02(4)(c) of the Bylaws under the Integration Rule;

Jr., The Law of Easements and Licenses in Land § 11:2, at 807 (2020); see Restatement (Second) of Torts

CFR § 601.201(Z)(2); Rev.Proc. 92-1, supra, at § 11.02. See also Dickman v. Commissioner, 465 U.S. 330

Florida Bar, Florida Juvenile Law and Practice § 11.2(C) (16th ed. 2020); see § 61.514(1)(b), Fla. Stat

the following ruling of Law: “1. That Article V § 11(2) of the Florida Constitution [F.S.A.] granting

Bylaws under the Integration Rule, article XI, Section 11.02(4)(e) and Disciplinary Rule 9-102(A) of the

specifically the Plan’s spendthrift provision. Section 11.2 of the Plan provided: “Spendthrift” Provision

Bylaws Under the Integration Rule, article XI, Section 11.02(4)(c)(2)(f). [[Image here]] The only records

unit for sale.” The preference is found under section 11.2 which provides for “Approval of Association

the Constitution of Florida (1885) F.S.A.1 and § 11.02, Florida Statutes, F.S.A. The order of the trial

and in violation of Integration Rule art. XI, § 11.02 (4). (3) Letting the Statute of Limitations run

governing post-action hearings are found in section 11.02 of the Personnel Manual and provide that “the

Integration Rule of The Florida Bar, article XI, section 11.-02(4)(c) of the Integration Rule Bylaws, and Disciplinary

unenforceable under Georgia’s statute of frauds, O.C.G.A. § 11-2-201 (2012) and O.C.G.A. § 13-5-30 (2012).

unenforceable under Georgia’s statute of frauds, O.C.G.A. § 11-2-201 (2012) and O.C.G.A. § 13-5-30 (2012).17 HMA’s

Myron C. Weinstein, 29 N.J. Prac., Law of Mortgages § 11.2 (2d ed. 2001) (”[T]o hold ... that when one in

27 adopted by the Supreme Court in 1955 and Section 11.02(3) (a) of the Integration Rule of The Florida

the purpose set forth” in the amendment. Id. § 11.02. The surtax, which had an effective date of January

the authorized sentence”); Tex. Elec. Code Ann. § 11.002(a)(4)(A) (permitting re- enfranchisement once

the contract and except as provided in Code Section 11-2-318. (b) (1) The manufacturer of any personal

(1954); 2 Davis, Administrative Law Treatise, § 11.02 (1958); Cooper, Administrative Agencies and the

III of the Florida Constitution F.S.A. and Section 11.02, F.S. 1955, F.S.A., as to Chapter 30807, supra

to the attorney; Rule 11.02(4)(c) and Bylaw Section 11.02(4)(c), paragraph 3(c) for failing to prepare

Florida, The Florida Bar Florida Appellate Practice § 11.2.C.1 (2022) (observing that "the requirement

participation in or their benefits under the Plan.” § 11.2 (“Authority [of Pension Dispute Board]”).

...Although respondent checked his July 1, 1983 dues statement indicating he had read the trust accounting rules and was familiar with their requirements, he was not maintaining the trust account in accordance with provisions of Fla. Bar Integr. Rule, art. XI, Rule 11.02(4)(c) and the corresponding Bylaw....

...Respondent did return the retainer subsequent to the grievance committee hearing on November 2, 1984. The referee recommends that respondent be found guilty of violating Disciplinary Rule 2-106(A) of the Code of Professional Responsibility as well as Rule 11.02(4) of the Integration Rule of The Florida Bar as to Count I; violating Rule 11.02(4)(c) of the Integration Rule of The Florida Bar and By-Law for Section 11.02(4)(c) effective until June 30, 1984 as to Count II; and violating Disciplinary Rules 1-102(A)(6) and 6-101(A)(3) of the Code of Professional Responsibility as to Count III....

lots to be separately accepted . . . .” O.C.G.A. § 11- 2-612(1). “Whenever nonconformity or default with

effective date of this act.” (Banc One Ex. 2 — Section 11(2)). Pursuant to the Act, the rights and powers

disability.” L. Alpert, Workmen’s Compensation Law, § 11-2 (3d ed. 1978). Alpert also notes that there is

account); Integration Rule 11.02(4)(b) and Bylaws Section 11.02(4)(c) 2.f (2.d before June 30, 1984) (client

Rule 11.02(4) of the Integration Rule, Bylaws section 11.-02(4)(c) and Disciplinary Rules 6-101(A)(3), 7-102(A)(5)

24 Fla. Prac., Fla. Municipal Law & Prac. § 11:2 (2021 ed.). A request for proposal is used

Florida 1961 constitutional in view of Article V, § 11(2) of the Constitution of the State of Florida? 3