CopyCited 97 times | Published | Court of Appeals for the Eleventh Circuit | 40 Fed. R. Serv. 1483, 1994 U.S. App. LEXIS 21234, 1994 WL 384588
this argument, Allstate cites Ala.Code § 27-14-7 (1993). In pertinent part, that statute provides:
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 24098, 1993 WL 334909
the application. Benefits were denied under Section 27-14-7 of the Code of Alabama (1975), which permits
CopyCited 29 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 141
...mmunication will transpire, and the guarantee of effective assistance of counsel will become meaningless. This is too high a cost for society to bear. *1189 On the other hand, the cost of disqualification of the state attorney is relatively minimal. Section 27.14, Florida Statutes (1981), provides for assignment of a state attorney from one circuit to another where the state attorney has been disqualified....
CopyCited 24 times | Published | Supreme Court of Florida
...The first question to be determined is whether the Governor had the authority to assign Austin to conduct the investigation of Christian in the Second Judicial Circuit while the resident State Attorney Morrison was available. The pertinent statutes then in effect relating to assignments read as follows: "27.14 Assigning state attorneys to other circuits....
...Edward Austin to the Second Judicial Circuit, there to assist the resident State Attorney in the discharge of any of his duties without limitation of time, or in the alternative to assign said Respondent as the State Attorney of the Second Judicial Circuit pursuant to F.S. 27.14 for the initial period not to exceed sixty days....
...State,
136 Fla. 644,
187 So. 392 (1939), the Court upheld the assignment of a state attorney for the purpose of one case where the resident state *292 attorney was disqualified in that case. This is clearly permitted by the first clause of Fla. Stat. §
27.14, F.S.A....
...Unquestionably, under Fla. Stat. §
27.15, F.S.A., the Governor could have ordered Austin to assist the resident State Attorney of the Second Judicial Circuit in the discharge of his duties without limitation of time. In the alternative, under Fla. Stat. §
27.14, F.S.A., the Governor could assign Austin as State Attorney for the Second Judicial Circuit for an initial period not to exceed sixty days....
...ty to determine whether or not an assistant appointed by a State Attorney from another circuit is qualified and capable of advising the grand jury upon legal points and framing indictments. In summary, we hold that under the provisions of Fla. Stat. §
27.14 and §
27.15 (1973), F.S.A., the Governor did have the authority to assign a state attorney from one circuit to another circuit for the purpose of conducting an investigation, participating in grand jury proceedings and conducting a trial even though the resident State Attorney was available....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 11984, 1988 WL 84842
Farm’s requested charges, respecting Alabama Code § 27-14-7. That section provides in pertinent part:
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 2806, 2008 WL 344177
judgment on its rescission claim. Under Alabama Code § 27-14-7(a), misrepresentations and incorrect statements
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 18168
medical histories. In pertinent part, Ala.Code § 27-14-7 (1975) provides: All statements and descriptions
CopyCited 9 times | Published | Supreme Court of Florida
...A rule nisi was issued and a return has been filed. T. Edward Austin, State Attorney for the Fourth Judicial Circuit, was assigned by then Governor Kirk on November 16, 1970, to act as State Attorney of the Fourteenth Judicial Circuit. This assignment was under Fla. Stat. § 27.14, F.S.A., which reads as follows: "If any state attorney shall be disqualified to represent the state in any case pending in the circuit court of his circuit, or if for any other good and sufficient reason the governor of the state thinks tha...
...Austin on November 24, 1970, charging petitioner with the offenses of assault with intent to commit murder and shooting into a dwelling. Petitioner says that the executive order of the Governor assigning Austin was not in accordance with Fla. Stat. § 27.14, F.S.A., quoted above because it fails to state "good and sufficient reason" for assigning Austin....
...ate Attorneys and/or their duly qualified Assistant State Attorneys, as the case may be, by virtue of this executive order, the Constitution and laws of the State of Florida." This executive order was an assignment under the provisions of Fla. Stat. § 27.14, F.S.A., quoted above....
...for a writ of quo warranto. Petitioner says that State Attorney Austin was assigned to the Fourteenth Judicial Circuit for a period in excess of sixty days in a calendar year without approval by order of the Supreme Court, as required by Fla. Stat. § 27.14, F.S.A. The respondent says that this requirement of Fla. Stat. § 27.14, F.S.A., is unconstitutional....
...It is well settled that this Court will not decide the constitutionality of a statute where its decision can rest on other ground. Walsingham v. State,
250 So.2d 857 (Fla. 1971). The original executive order of November 16, 1970, was issued under Fla. Stat. §
27.14, F.S.A., and the informations were filed within the 60-day period and in the "calendar year" 1970....
...purpose of assisting the resident state attorney, the statute does not require that such assignment be limited to a period of sixty days. The executive order of April 5, 1971, was issued during a new "calendar year" under the authority of Fla. Stat. § 27.14, F.S.A....
...the expiration of sixty days from the date of the issuance of this executive order. In other words, the record does not disclose that State Attorney Austin has served under any executive order of assignment issued under the provisions of Fla. Stat. § 27.14, F.S.A., for a period in excess of sixty days in any one "calendar year." The reasons for the assignments are sufficiently stated in the executive orders and State Attorney Austin was properly performing his duty under the executive order. By motion to quash, the defendant challenged the authority of Austin and his assistants to continue the prosecution. In *207 its order denying this motion, the Court stated: "The Court is further of the opinion that Section 27.14, Chapter 69-1736, is unconstitutional because it seeks to curtail the authority of the governor conferred under Article 4, Section 1(a) of the Constitution of the State of Florida." The constitutionality of the statute was not properly...
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 28476
on the breach of contract claim. Ala.Code § 27-14-7 (1975) provides in pertinent part: (a) All
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit
or (3) investigating a loss or claim. ALA.CODE § 27-14-27 (1975). The Code does not make any exception
CopyCited 7 times | Published | Supreme Court of Florida
...Instead, Judge Baker, acting on his own motion and under Fla. Stat. § 32.17 (1967), F.S.A., [1] appointed Honorable Hilton R. Carr, Jr., a member of the Miami Bar, as an acting State Attorney to prosecute Diamond. [2] *313 Then, on March 4, 1969, Governor Kirk, acting under Fla. Stat. § 27.14 (1967), F.S.A., [3] transferred Honorable Gordon G....
...But insofar as this particular point is concerned, Armstrong is no longer controlling. The Governor is vested with Supreme Executive power under the Constitution Article IV, Section 1(a). It is his duty under this article to "take care that the laws be faithfully executed." The statute, Fla. Stat. § 27.14 (1967), F.S.A., implements this power and is clearly within the power of the Legislature to enact Stone v....
...As to Judge King. The Attorney General's suit is filed pursuant to the provisions of the Declaratory Judgment Statute, Chapter 86, F.S.A. The prayer is inter alia, that Judge King "determine the validity of the executive order of March 4, 1969, and Section 27.14 [Fla....
...ases are entirely disposed of; "NOW, THEREFORE, I, Claude R. Kirk, Jr., Governor of the State of Florida, acting under and by virtue of the authority vested in me by the Constitution and the laws of the State of Florida, including but not limited to Section 27.14, Florida Statutes [F.S.A.], do hereby assign, authorize and empower the Honorable Gordon G....
...6 Florida Statutes. "6. This Court finds that the executive order issued by the HONORABLE CLAUDE R. KIRK, JR., Governor of the State of Florida, exchanging State Attorneys refers specifically to cited cases and that said order was issued pursuant to Section 27.14, Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...arry Morrison had requested "that an outside State Attorney be assigned to carry forward the investigation of the Honorable Floyd T. Christian". Finding "that the ends of justice would best be served by the assignment of a State Attorney pursuant to Section 27.14, Florida Statutes", the Governor thereupon ordered "that the Honorable T....
...* * * Not wishing to beg the question and despite the forceful manner in which the merits of the contention are presented, we will dispose of the matter by deciding whether the authority of a state attorney, assigned under the statute (4743 C.G.L. 1927) [predecessor to § 27.14, F.S....
...d maintain this direct proceeding in Quo Warranto. We therefore turn to the primary issue, the propriety of the assignment of Respondent, Honorable T. Edward Austin, by the Executive Order here challenged. The pertinent statutes are Florida Statutes
27.14,
27.15 and
27.16. They provide in material part, as follows: "
27.14 Assigning state attorneys to other circuits....
...recited there is no contention here that Honorable Harry Morrison, State Attorney of the Second Judicial Circuit, is or was in any manner disqualified; nor do we here consider an "exchange" of state attorneys "nor an acting state attorney". While F.S. 27.14 clearly permits assignment of a State Attorney from outside the circuit for the purpose of any case pending if the resident State Attorney is disqualified therein, for all other circumstances *818 the statute plainly states that the assignme...
...In Hall v. State,
136 Fla. 644,
187 So. 392 (1939), the Court upheld the assignment of a State Attorney for the purposes of one case where the resident State Attorney was disqualified in that case; this is clearly permitted by the first clause of F.S.
27.14....
...The statutes here involved dictate three different methods by which the State Attorney of one Judicial Circuit may be sent to perform duties as a State Attorney in another Judicial Circuit: 1) The Governor may require an exchange of circuits or of courts between the two State Attorneys involved. (F.S. 27.14) 2) The Governor may assign a State Attorney to discharge of the duties of State Attorney in another circuit. (F.S. 27.14) 3) The Governor may require a State Attorney to assist the State Attorney of another circuit in the discharge of any of the duties of the latter....
...(F.S.27.15) In assaying the legislative intent here, and the weight to be accorded that intent, the threshold question is whether these two statutes contain a grant of power by the legislative branch or an acknowledgment of power already resident in the executive branch. The predecessor to F.S. 27.14, was Ch....
...In 1969, following a controversy which culminated in Kirk v. Baker, Sup.Ct.Fla. 1969,
224 So.2d 311, the Legislature passed, Governor Kirk vetoed and the Legislature passed over his veto, Ch. 69-1736, Laws of Florida. That Act made three substantive changes: In F.S.
27.14, "if for any reason" was amended to read "if for any other good and sufficient reason"; in F.S.
27.15, "whenever he deems it expedient to do so" was amended to read "for good and sufficient reasons"; and the sixty day limitation *819 was added to F.S.
27.14....
...69-1736, Laws of Florida, over the veto of the Governor. That Act, by using the phrase "discharge of any of the duties of such state attorney" in F.S.
27.15, while using the phrase "discharge of the duties of state attorney of any circuit of the state" in F.S.
27.14, manifested the legislative intention that under F.S.
27.15 State Attorneys may be sent into another circuit to "assist" the resident State Attorney, the latter continuing to hold and exercise the powers of his office; whereas under F.S.
27.14 a State Attorney may be assigned to another circuit as the one and only State Attorney of the circuit, holding and exercising all and singular the duties of State Attorney of that circuit....
...Further expression of the legislative intention that the phrase "the duties of state attorney" does not limit itself to the duties concerning one particular case is found in the amendment to F.S.
27.16, added by the same 1969 Legislature which amended and re-enacted F.S.
27.14 and
27.15....
...Edward Austin to the Second Judicial Circuit, there to assist the resident State Attorney in the discharge of any of his duties without limitation of time, or in the alternative to assign said Respondent as the State Attorney of the Second Judicial Circuit pursuant to F.S. 27.14 for the initial period not to exceed sixty days....
...t to the assigning of State Attorneys in Finch v. Fitzpatrick, Sup.Ct.Fla. 1971,
254 So.2d 203, wherein upon considering a prohibition proceeding involving the assignment of Honorable T. Edward Austin to the Fourteenth Judicial Circuit pursuant to F.S.
27.14, the Court said: "An executive order assigning a state attorney is exclusively within the orbit of authority of the Chief Executive when exercised within the bounds of the statute....
...Clearly, under such circumstances, the governor had the constitutional right and duty to so act. No such situation here exists. All agree in the case sub judice that the legislature has established the public policy of the State with reference to the assignment and exchange of State Attorneys, by the passage of F.S.
27.14 and
27.15....
...lved complies with specific and unambiguous statutory authority. Respondents so conceded during oral argument before this Court, but asserted that notwithstanding the recitation in the challenged Executive Order that the assignment was pursuant to F.S. 27.14, the order is nonetheless valid because Respondents were assisting Honorable Harry Morrison by relieving him from the responsibility of investigating and receiving testimony and evidence concerning Relator....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 90 Fed. R. Serv. 3d 1777, 2015 U.S. App. LEXIS 2864, 2015 WL 795593
insured’s life. See, e.g., Ala.Code § 27-14-3(f) (requiring an insurable interest at the time
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The one assigned assistant state's attorney who showed an interest was tardy and sporadic in his appearances to prosecute the causes. It is our view that the trial judge's conclusion that the history of these prosecutions begun in 1969 and 1970 was effectively abandoned on April 2, 1971 is correct. Affirmed. NOTES [1] F.S.A. § 27.14 as amended December 11, 1969.
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...ror was committed by not only allowing unauthorized persons in the Grand Jury room during investigation and deliberation in violation of law but also the allowing of such unauthorized personnel to conduct the actual interrogation and investigations. Section 27.14, Florida Statutes, provides: "Assigning state attorneys to other circuits....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...The State of Florida appeals the orders dismissing four separate informations filed against the defendant-appellees by Philip S. Shailer, State Attorney of the 17th Judicial Circuit, on the ground that Executive Order 76-4 under which he was acting was invalid. *197 On May 28, 1975 the Governor, pursuant to Section 27.14, Florida Statutes (1974), issued Executive Order (hereinafter E.O.) 75-27 assigning Philip Shailer, State Attorney of the 17th Judicial Circuit, to discharge the duties of the State Attorney of the 11th Judicial Circuit with respect to...
CopyCited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 766, 2017 Fla. LEXIS 1770, 2017 WL 3774788
LAWSON, J. Aramis Donell Ayala, State Attorney for Florida’s Ninth Judicial Circuit, petitions this Court for a writ of quo warranto, challenging Governor Rick Scott’s authority under section 27.14(1), Florida Statutes (2016), to reassign the prosecution of death-penalty eligible cases in the Ninth Circuit to Brad King, State Attorney for Florida’s Fifth Judicial Circuit....
...rcuit to King. In support of these orders, the Governor cited his duty as Florida’s chief executive officer under article IV, section 1(a), of the Florida Constitution to “take care that the laws be faithfully executed” and his authority under section 27.14(1), Florida Statutes, to assign state attorneys to other circuits “if, for any ......
...hority to reassign the cases at issue to King. The record reflects that Ayala and her office have abided by the lower courts’ denial of her motion and fully cooperated with King. ANALYSIS Ayala argues that the Governor exceeded his authority under section 27.14 by reassigning death-penalty eligible cases in the Ninth Circuit to King over her objection because article V, section 17, of the Florida Constitution makes Ayala “the prosecuting officer of all trial courts in [the Ninth] [C]ircuit....
...and is charged with the duty to “take care that the laws be faithfully executed.” Art. IV, .§ 1(a), Fla. Const. Florida law facilitates the Governor’s discharge of this duty, among other ways, through state attorney assignments. Specifically, section 27.14(1), the constitutionality of which Ayala concedes, provides: If any state attorney is disqualified to represent the state in any investigation, case, or mattei pending in the courts of his or her circuit or if, for any other good and su...
...Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment. § 27.14(1), Fla. Stat. (2016) (emphasis added). This Court has previously recognized that the Governor has broad authority to assign state attorneys to other circuits pursuant to .section 27.14: *758 It is the duty of the Governor under Fla....
...nalty in any case despite Florida law establishing the death penalty as an appropriate sentence under certain circumstances. See generally §
921.141, Fla. Stat. (2017). ’ Notwithstanding the Governor’s compliance with all of the requirements of section
27.14(1), however, Ayala and her amici urge this Court to invalidate the reassignment orders by viewing this case as a power struggle over prosecutorial discretion....
...nting to reassignment in some -cases but objecting in others) when she is the prosecuting officer for the Ninth Circuit. While the Ninth Circuit voters elected Ayala as their state attorney, she holds that position' subject to Florida law, including section 27.14, by which the Governor effectuates his constitutional duty to ensure the faithful execution of the law through time-limited state attorney - assignments....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4951
...In his order dissolving the temporary injunction issued against State Attorney Old-ham, Judge Leavengood stated: “The Court is of the opinion that the two executive orders by the Honorable Farris Bryant, dated December 22, 1964, and the Honorable Hayden Burns, dated May 3, 1965, under the provisions of Section 27.14, Florida Statutes, assigned Gordon G....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 13, 2023
which is a part of the policy.” Ala. Code. § 27-14-17(a). 6 And “Snell was asked in the application
CopyPublished | Court of Appeals for the Eleventh Circuit
interest in the insured’s life. See, e.g., Ala. Code § 27-14-3(f) (requiring an insurable interest at the time
CopyPublished | Supreme Court of Florida | 1974 Fla. LEXIS 4412
...If a review of the petition on its face discloses fulfillment of these requirements, then the Court would order empanelment forthwith; no other course of action appears to he authorized by the statute. Our responsibility is similar to that contemplated by Fla.Stat. § 27.14, F.S.A., regarding assignments by the governor of a state attorney outside of his jurisdiction for a period in excess of sixty days in any one calendar year....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6860
...He has appealed the judgment and sentence of five years in the state penitentiary to this court. *117 Appellant has presented seven points on appeal. The first challenges the sufficiency of the information because it was signed by a state’s attorney assigned to the 11th judicial circuit by executive order pursuant to F.S. § 27.14, F.S.A....
CopyPublished | Supreme Court of Florida | 10 So. 2d 926
...executed,” you have the power to assign the county solicitor of the criminal court of record of any other county to discharge the duties of the County Solicitor of the Criminal Court of Record for Palm Beach County, by analogy to the provisions of Section 27.14 of the Florida Statutes 1941 relating to the assignment of state attorneys of the circuit court....
CopyPublished | Supreme Court of Florida
...Edward Austin, State Attorney of the Fourth Judicial Circuit of Florida (Jacksonville) to the Second Judicial Circuit of Florida (Tallahassee) for a period of 60 days which is the maximum period allowed for such executive assignment by the Governor exclusively under the authority of Section 27.14, Florida Statutes....
...ate for re-election or against any citizen who has qualified for election until the day following the General Election on November 5, 1974. Visiting State's Attorney Austin was assigned on the 4th day of March, 1974 and pursuant to Florida Statutes, Section 27.14, has been granted one extension on April 25, 1974, of his authority. The latter extension expires on July 31, 1974. Florida Statutes, Section 27.14, requires that such extension be approved by the Supreme Court of Florida which thus far has not been done, and such law clearly indicates a public policy that a State's Attorney should not be removed for more than sixty days from the a...
...and all other grand jury investigations involving candidates throughout the state. The first issue is not the issue of major consequence since the failure of this Court to approve the continuation of State Attorney Austin's special assignment under Section 27.14, Florida Statutes, would not terminate the investigation before the Leon County Grand Jury....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 10363, 2000 WL 1153983
...Because we hold that the State is responsible for the costs, we affirm the order denying costs and reverse the order granting costs. In the Garcia case, the State filed an information against Garcia in Miami-Dade county court. Pursuant to executive assignment, see § 27.14(1), Fla....
...corded conversations in order to prepare for trial and to comply with discovery obligations. The trial court denied the motion. The State appeals. 1 In the Jaen case, the State Attorney from the Seventeenth Judicial Circuit was appointed pursuant to section 27.14(1) to prosecute the action against Jaen in Miami-Dade circuit court....
