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Florida Statute 27.40 | Lawyer Caselaw & Research
F.S. 27.40 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
F.S. 27.40
27.40 Court-appointed counsel; circuit registries; minimum requirements; appointment by court.
1(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel, but only after the public defender has certified to the court in writing that the public defender is unable to provide representation due to a conflict of interest or is not authorized to provide representation. The public defender shall report, in the aggregate, the specific basis of all conflicts of interest certified to the court. On a quarterly basis, the public defender shall submit this information to the Justice Administrative Commission.
(2)1(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but only after the office of criminal conflict and civil regional counsel has been appointed and has certified to the court in writing that the criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest. The criminal conflict and civil regional counsel shall report, in the aggregate, the specific basis of all conflicts of interest certified to the court. On a quarterly basis, the criminal conflict and civil regional counsel shall submit this information to the Justice Administrative Commission.
(b) Private counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section.
(3) In using a registry:
1(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services, s. 27.5304, and this section.

To be included on a registry, an attorney must enter into a contract for services with the Justice Administrative Commission. Failure to comply with the terms of the contract for services may result in termination of the contract and removal from the registry. Each attorney on the registry is responsible for notifying the clerk of the court and the Justice Administrative Commission of any change in his or her status. Failure to comply with this requirement is cause for termination of the contract for services and removal from the registry until the requirement is fulfilled.

(b) The court shall appoint attorneys in rotating order in the order in which names appear on the applicable registry, unless the court makes a finding of good cause on the record for appointing an attorney out of order. The clerk of court shall maintain the registry and provide to the court the name of the attorney for appointment. An attorney not appointed in the order in which his or her name appears on the list shall remain next in order.
(c) If the number of attorneys on the registry in a county or circuit for a particular category of cases is inadequate, the chief judge of the particular circuit shall provide to the clerk of court the names of at least three private attorneys who have relevant experience. The clerk of court shall send an application to each of these attorneys to register for appointment.
(d) Quarterly, each chief judge shall provide a current copy of each registry to the Chief Justice of the Supreme Court, the state attorney and public defender in each judicial circuit, the office of criminal conflict and civil regional counsel, the clerk of court in each county, and the Justice Administrative Commission. The registry shall be provided to the Justice Administrative Commission in the form and manner provided by the commission.
(4) To be eligible for court appointment, an attorney must be a member in good standing of The Florida Bar in addition to any other qualifications specified by general law and any requirements set by the chief judge of the circuit.
1(5) The Justice Administrative Commission shall approve uniform contract forms for use in procuring the services of private court-appointed counsel and uniform procedures and forms for use by a court-appointed attorney in support of billing for attorney’s fees, costs, and related expenses to demonstrate the attorney’s completion of specified duties. Such uniform contracts and forms for use in billing must be consistent with s. 27.5304, s. 216.311, and the General Appropriations Act and must contain the following statement: “The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.”
1(6) After court appointment, the attorney must immediately file a notice of appearance with the court indicating acceptance of the appointment to represent the defendant and of the terms of the uniform contract as specified in subsection (5).
1(7)(a) A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s. 27.5304 so long as the requirements of subsection (1) and paragraph (2)(a) are met. An attorney appointed by the court who is not on the registry list may be compensated under s. 27.5304 only if the court finds in the order of appointment that there were no registry attorneys available for representation for that case and only if the requirements of subsection (1) and paragraph (2)(a) are met.
(b)1. The flat fee established in s. 27.5304 and the General Appropriations Act shall be presumed by the court to be sufficient compensation. The attorney shall maintain appropriate documentation, including contemporaneous and detailed hourly accounting of time spent representing the client. If the attorney fails to maintain such contemporaneous and detailed hourly records, the attorney waives the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act. These records and documents are subject to review by the Justice Administrative Commission and audit by the Auditor General, subject to the attorney-client privilege and work-product privilege. The attorney shall maintain the records and documents in a manner that enables the attorney to redact any information subject to a privilege in order to facilitate the commission’s review of the records and documents and not to impede such review. The attorney may redact information from the records and documents only to the extent necessary to comply with the privilege. The Justice Administrative Commission shall review such records and shall contemporaneously document such review before authorizing payment to an attorney. Objections by or on behalf of the Justice Administrative Commission to records or documents or to claims for payment by the attorney shall be presumed correct by the court unless the court determines, in writing, that competent and substantial evidence exists to justify overcoming the presumption.
2. If an attorney fails, refuses, or declines to permit the commission or the Auditor General to review documentation for a case as provided in this paragraph, the attorney waives the right to seek, and the commission may not pay, compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act for that case.
3. A finding by the commission that an attorney has waived the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act, as provided in this paragraph, shall be presumed to be correct, unless the court determines, in writing, that competent and substantial evidence exists to justify overcoming the presumption.
(8) Subject to the attorney-client privilege and the work-product privilege, an attorney who withdraws or is removed from representation shall deliver all files, notes, documents, and research to the successor attorney within 15 days after receiving notice from the successor attorney. The successor attorney shall bear the cost of transmitting all files, notes, documents, and research.
(9) Any interested person may advise the court of any circumstance affecting the quality of representation, including, but not limited to, false or fraudulent billing, misconduct, failure to meet continuing legal education requirements, solicitation to receive compensation from the client the attorney is appointed to represent, or failure to file appropriate motions in a timely manner.
(10) The attorney shall provide information in the form specified by the Justice Administrative Commission pursuant to s. 27.405, subject to the attorney-client privilege and work-product privilege.
(11) This section does not apply to attorneys appointed to represent persons in postconviction capital collateral cases pursuant to part IV of this chapter.
History.s. 13, ch. 2003-402; s. 6, ch. 2004-265; s. 1, ch. 2005-236; s. 1, ch. 2007-62; s. 5, ch. 2010-162; s. 1, ch. 2012-123; s. 1, ch. 2014-49; s. 6, ch. 2014-59; ss. 56, 57, ch. 2019-116; ss. 57, 59, ch. 2020-114; ss. 28, 29, ch. 2021-37; ss. 35, 36, ch. 2022-157; ss. 31, 32, ch. 2023-240.
1Note.

A. Section 31, ch. 2023-240, reenacted subsection (1), paragraphs (2)(a) and (3)(a), and subsections (5)-(7) “[i]n order to implement Specific Appropriations 763 through 784, 932 through 1075, and 1096 through 1131 of the 2023-2024 General Appropriations Act.”

B. Section 32, ch. 2023-240, provides that “[t]he text of s. 27.40(1), (2)(a), (3)(a), (5), (6), and (7), Florida Statutes, as carried forward from chapter 2019-116, Laws of Florida, by this act, expires July 1, 2024, and the text of those subsections and paragraphs, as applicable, shall revert to that in existence on June 30, 2019, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2024, subsection (1), paragraphs (2)(a) and (3)(a), and subsections (5)-(7) as amended by s. 32, ch. 2023-240, will read:

(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the public defender is unable to provide representation due to a conflict of interest or is not authorized to provide representation.

* * * * *

(2)

(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the office of criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest.

* * * * *

(3)

(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a registry, an attorney must certify that he or she:

1. Meets any minimum requirements established by the chief judge and by general law for court appointment;

2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and

3. Is willing to abide by the terms of the contract for services.

To be included on a registry, an attorney must enter into a contract for services with the Justice Administrative Commission. Failure to comply with the terms of the contract for services may result in termination of the contract and removal from the registry. Each attorney on the registry is responsible for notifying the clerk of the court and the Justice Administrative Commission of any change in his or her status. Failure to comply with this requirement is cause for termination of the contract for services and removal from the registry until the requirement is fulfilled.

* * * * *

(5) The Justice Administrative Commission shall approve uniform contract forms for use in procuring the services of private court-appointed counsel and uniform procedures and forms for use by a court-appointed attorney in support of billing for attorney’s fees, costs, and related expenses to demonstrate the attorney’s completion of specified duties.

(6) After court appointment, the attorney must immediately file a notice of appearance with the court indicating acceptance of the appointment to represent the defendant.

(7)(a) A private attorney appointed by the court from the registry to represent a client is entitled to payment as provided in s. 27.5304. An attorney appointed by the court who is not on the registry list may be compensated under s. 27.5304 if the court finds in the order of appointment that there were no registry attorneys available for representation for that case.

(b)1. The attorney shall maintain appropriate documentation, including contemporaneous and detailed hourly accounting of time spent representing the client. If the attorney fails to maintain such contemporaneous and detailed hourly records, the attorney waives the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act. These records and documents are subject to review by the Justice Administrative Commission, subject to the attorney-client privilege and work-product privilege. The attorney shall maintain the records and documents in a manner that enables the attorney to redact any information subject to a privilege in order to facilitate the commission’s review of the records and documents and not to impede such review. The attorney may redact information from the records and documents only to the extent necessary to comply with the privilege.

2. If an attorney fails, refuses, or declines to permit the commission to review documentation for a case as provided in this paragraph, the attorney waives the right to seek, and the commission may not pay, compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act for that case.

3. A finding by the commission that an attorney has waived the right to seek compensation in excess of the flat fee established in s. 27.5304 and the General Appropriations Act, as provided in this paragraph, is presumed to be valid, unless, as determined by a court, the commission’s finding is not supported by competent and substantial evidence.

F.S. 27.40 on Google Scholar

F.S. 27.40 on Casetext

Amendments to 27.40


Arrestable Offenses / Crimes under Fla. Stat. 27.40
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.40.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WHITT, Jr. Sr. v. KALEIDA HEALTH,, 298 F. Supp. 3d 558 (W.D.N.Y. 2018)

. . . Wisniewski earned $27.40 per hour, which was more than Whitt. (Id. at 3). . . .

BRISCOE, v. HEALTH CARE SERVICE CORPORATION, 281 F. Supp. 3d 725 (M.D. La. 2017)

. . . BCBSIL reimbursed her only $109.64, applying $27.40 to .coinsurance and denying the rest, of the claim . . .

IN INTEREST OF D. P. III, a M. M. v. K. P., 228 So. 3d 718 (Fla. Dist. Ct. App. 2017)

. . . .”); § 27.40(2)(a) (“Private counsel shall be appointed to represent persons in those cases in which . . .

MORRIS, v. STATE, 217 So. 3d 114 (Fla. Dist. Ct. App. 2017)

. . . testified, appellant asked to absent himself from court to write an “advisory,” pursuant to section 27.40 . . .

RIVERA, v. MCCOY CORPORATION,, 240 F. Supp. 3d 1150 (D.N.M. 2017)

. . . ); (Doc. 119 at 2). 43.Plaintiffs hourly rate was $18.27, which means Plaintiffs overtime wage was $27.40 . . . Plaintiff worked 58 hours a week, resulting in 18 hours of unpaid overtime per week for 13 weeks. $27.40 . . .

COLE v. CITY OF MEMPHIS, TENNESSEE,, 108 F. Supp. 3d 593 (W.D. Tenn. 2015)

. . . officers removed Plaintiff from the area and discovered that he was presently armed with a GLOCK Model 27.40 . . .

PLUMBERS PIPEFITTERS NATIONAL PENSION FUND, v. ORTHOFIX INTERNATIONAL N. V., 89 F. Supp. 3d 602 (S.D.N.Y. 2015)

. . . Immediately following the July 29 announcement, the price of Orthofix shares declined from $27.40 per . . . Following this announcement, the price of Orthofix shares declined from $27.40 to $22.71 per share on . . .

COLE v. CITY OF MEMPHIS,, 97 F. Supp. 3d 947 (W.D. Tenn. 2015)

. . . officers removed Plaintiff from the area and discovered that he was presently armed with a GLOCK Model 27.40 . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . See §§ 27.40, 27.511, 27.701, Fla. Stat. (2013). . . . See § 27.40(2)(b), Fla. . . . See §§ 27.40(3)(a), 27.511(3)(a), 27.701, Fla. Stat. (2013). . . . regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40 . . .

ROCKY MOUNTAIN FARMERS UNION FKA v. W. COREY, D. D R. H. G. O. G. Jr. D. FKA v. W. D. D R. H. G. O. G. Jr. D., 730 F.3d 1070 (9th Cir. 2013)

. . . California; Dry Mill; Wet DGS; 80% 47.44 30 77.44 _NG; 20% Biomass_ Brazilian sugarcane using average 27.40 . . .

PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, v. STATE v., 115 So. 3d 261 (Fla. 2013)

. . . Section 27.40(1) mandates that “the court shall appoint a public defender to represent indigent persons . . . .” § 27.40(1), Fla. . . .

JOHNSON, v. STATE, 78 So. 3d 1305 (Fla. 2012)

. . . . § 27.40(2), Fla. Stat. (2008). . . . withdraw, the court shall appoint one or more attorneys to represent the accused, as provided in s. 27.40 . . . Section 27.40(3), Florida Statutes (2008), provides for the maintenance of a registry of attorneys in . . . Id. § 27.40(3)(a). The attorneys from the registry are appointed in rotating order. . . . . § 27.40(3)(b). . See ch. 2003-402, § 19, Laws of Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 84 So. 3d 192 (Fla. 2011)

. . . See § 27.40(7)(a), Fla. Stat. (2011). . . . Section 27.40(7)(a) provides: A private attorney appointed by the court from the registry to represent . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 75 So. 3d 239 (Fla. 2011)

. . . See § 27.40(7)(a), Fla. Stat. (2011). . . . Section 27.40(7)(a) provides: A private attorney appointed by the court from the registry to represent . . .

UNITED STATES v. DOBSON, a k a, 380 F. App'x 170 (3d Cir. 2010)

. . . DOB-SON ... knowingly disposed of a firearm and ammunition, namely a black Glock model 27.40 caliber . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. J. HARP, IV,, 24 So. 3d 779 (Fla. Dist. Ct. App. 2009)

. . . See also § 27.40, Fla. Stat. (2009). . . .

JUSTICE ADMINISTRATIVE COMMISSION, a v. M. LENAMON,, 19 So. 3d 1158 (Fla. Dist. Ct. App. 2009)

. . . for costs,” and (3) maintaining a registry of attorneys available for appointment pursuant to section 27.40 . . .

HAGOPIAN, v. JUSTICE ADMINISTRATIVE COMMISSION,, 18 So. 3d 625 (Fla. Dist. Ct. App. 2009)

. . . . § 27.40(2); Crist, 978 So.2d at 138. . . . objections to compensation inconsistent with the parameters of Chapter 27[,] particularly sections 27.40 . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. GROVER,, 12 So. 3d 1256 (Fla. Dist. Ct. App. 2009)

. . . See § 27.40(1), Fla. Stat. (2008). . . .

JOHNSON, v. STATE, 6 So. 3d 1262 (Fla. Dist. Ct. App. 2009)

. . . regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40 . . . regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40 . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. BERRY F., 5 So. 3d 696 (Fla. Dist. Ct. App. 2009)

. . . fees incurred by attorneys appointed to “handle cases where the defendant is indigent”); see also § 27.40 . . .

DEEN, v. WILSON, R., 1 So. 3d 1179 (Fla. Dist. Ct. App. 2009)

. . . Section 27.40(1), Florida Statutes (2008), states that the Office of Criminal Conflict and Civil Regional . . . When the general provision of section 27.40 is read in pari materia with the more specific statute, section . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES, 993 So. 2d 501 (Fla. 2008)

. . . of former section 925.037, Florida Statutes (2004), and the replacement of that statute with section 27.40 . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. A. PETERSON,, 989 So. 2d 663 (Fla. Dist. Ct. App. 2008)

. . . See § 27.40(1) (“Counsel shall be appointed to represent any individual in a criminal or civil proceeding . . .

GREEN PARTY OF CONNECTICUT, S. P. C. C. v. GARFIELD, N. A. J., 537 F. Supp. 2d 359 (D. Conn. 2008)

. . . received 23.17 percent of the vote, but Progressive Candidate Theodore Roosevelt also ran and received 27.40 . . . Taft split the vote with Progressive Candidate Theodore Roosevelt, who also ran and garnered 27.40 percent . . .

J. CRIST, Jr. v. FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, INC., 978 So. 2d 134 (Fla. 2008)

. . . . § 27.40, Fla. Stat. (2007). . . . the OCCCRC has a conflict, the Act requires the court to appoint private counsel from the registry. § 27.40 . . . Consistent with this intent, the Legislature amended section 27.40, which details the process by which . . . indigent persons are appointed counsel, as follows: 27.40 Court-appointed counsel; eir- ■ cuit registries . . . See § 27.40(3), Fla. Stat. (2007). . . .

In WORLDCOM, INC., 368 B.R. 308 (Bankr. S.D.N.Y. 2007)

. . . Reneau’s affidavit, wherein he discusses his belief as to why $27.40 is the “base monthly price,” the . . . Reneau’s affidavit concludes: “Thus, the ‘Unlimited Service’ rate of $27.40 was to be the base monthly . . . Reneau provided sufficient argument and facts as to why he believed $27.40 was the “base monthly price . . . Reneau, that the “base monthly price” was actually intended to be the unlimited service rate of $27.40 . . . If a reconciliation payment had to be made, EffectNet argues that Intermedia would be charged $27.40 . . .

VISION CHURCH, UNITED METHODIST, C. v. VILLAGE OF LONG GROVE,, 468 F.3d 975 (7th Cir. 2006)

. . . It purchased a 27.40-acre vacant plot in unincorporated Lake County, Illinois, in September 2000, “with . . .

ATLANTA JOURNAL AND CONSTITUTION, USA v. CITY OF ATLANTA DEPARTMENT OF AVIATION, USA a GANSAT d. b. a. v., 442 F.3d 1283 (11th Cir. 2006)

. . . The 1997 plan proposed a rent of $32.40 per month for the use of Department-owned news-racks and $27.40 . . .

C. D. BARNES ASSOCIATES, INC. v. GRAND HAVEN HIDEAWAY LIMITED PARTNERSHIP, LLC,, 406 F. Supp. 2d 801 (W.D. Mich. 2005)

. . . . § 27.40(a). . . . that “State laws affording priority to liens recorded after the mortgage are preempted.” 24 C.F.R. § 27.40 . . .

In MIGIANO, d b a, 242 B.R. 759 (Bankr. S.D. Fla. 2000)

. . . for Brad Culverhouse, Esquire is $3,125.00 plus aggregate reimbursement of expenses in the amount of $27.40 . . . due to Applicant, in the amount of $1,765.17, together with the allowed reimbursement of expenses of $27.40 . . . /10/98 $12.00 —Pro-rated travel: Fort Pierce to West Palm Beach, for various hearings $15.40 Total $27.40 . . . assess the debtor a “flat charge” for expenses, when at best, Applicant is only entitled to request $27.40 . . . Accordingly, the Court allows reimbursement of expenses in the amount of $27.40. . . .

KNAPP SHOES, INC. v. SYLVANIA SHOE MANUFACTURING CORPORATION,, 72 F.3d 190 (1st Cir. 1995)

. . . 668 18.75 12,525.00 2814 53 ^ r-T 598 22.10 13,215.80 2815 51 Ü1 CO t-T 62 22.10 1,370.20 2816 26 354 27.40 . . .

J. TAYLOR M. v. CENTRAL PENNSYLVANIA DRUG AND ALCOHOL SERVICES CORPORATION L., 890 F. Supp. 360 (M.D. Pa. 1995)

. . . pay — $1,826.26 (1/12 of $21,915.14) Interest from 11/1/91 to 12/31/91 @ 9% .09 x 2/12 x $1,826.26 $ 27.40 . . .

In C. SIGRIST M. CHEMICAL BANK, v. C. SIGRIST M. In J. HUGHEY, MANUFACTURERS TRADERS TRUST CO. v. J. HUGHEY,, 163 B.R. 940 (Bankr. W.D.N.Y. 1994)

. . . See also 1 Norton Bankruptcy Law and Practice, sec. 27.40 and 3 Collier on Bankruptcy, 15th Cir., ¶ 523.08 . . .

In GOOD SHIP APPLEDORE, LTD. H. HOWISON, v. KEY BANK OF SOUTHERN MAINE,, 122 B.R. 821 (Bankr. D. Me. 1990)

. . . Date Posted Payee Amount 234 9/24 D B & T 308.48 232 9/25 Renys 27.40 229 9/25 NAT Wilson 500.00 226 . . .

BROWN, By v. BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS,, 892 F.2d 851 (10th Cir. 1989)

. . . Linn 0.30 17.80 1.7 98.3 Lowman Hill 6.50 25.60 25.4 74.6 Lundgren 2.80 21.55 13.0 87.0 McCarter 3.00 27.40 . . .

W. SELLERS, v. UNITED STATES J. D. S. Mr. A. D. Ms. Mr. Mr. Mr. Ms. Mr. H., 881 F.2d 1061 (11th Cir. 1989)

. . . .2d 946 (5th Cir.1982) (no abuse of discretion in requirement that prisoner pay $8 fee where he had $27.40 . . .

In EYE CONTACT, INC., 97 B.R. 990 (Bank. W.D. Wis. 1989)

. . . Stoudt arrived at the $1,746.60 figure by adding the $27.40 per day ($2,500.00 divided by 91.25 days . . . Stoudt accrued $27.40 in bonus wages for each day of her employment, Ms. . . . Wage priority claim of $575.40: (21 days x $27.40/day). . . .

ARMADA SUPPLY INCORPORATED, v. WRIGHT, s Co. No. CS S. A. S. A. E E S. A. S. A. S. A. S. A. S. A. S. A. S. A. E a E S. A. C. A. S. S. A. S. A. E. a S. A. S. A. S. A. S. A. S. A. S. A. GB- S. A. S. A. S. A. S. A. S. A. I. S. A. S. A. S. A. SDB, 858 F.2d 842 (2d Cir. 1988)

. . . Sun later agreed to buy only 49,000 barrels at $27.40 per barrel. . . .

ARMADA SUPPLY INCORPORATED, v. WRIGHT,, 665 F. Supp. 1047 (S.D.N.Y. 1987)

. . . Armada and Sun renegotiated the price and on December 16 agreed upon $27.40 per barrel. . . . In any event, on December 16 Sun agreed to a new price for the whole cargo of $27.40 per barrel. . . . to Sun ($30.55 per barrel) and the revised price, arrived at after discovery of the contamination ($27.40 . . . the dollar figure representing the deterioration of the 49,175 barrels delivered to Sun is $30.55— $27.40 . . .

In KOCH OIL, S. A. TRANSOCEAN GULF OIL COMPANY,, 751 F.2d 551 (2d Cir. 1985)

. . . crude at $29.30 a barrel, and Gulf agreed to sell Koch the same number of barrels of Kuwait crude at $27.40 . . .

COLLIER, v. TATUM,, 722 F.2d 653 (11th Cir. 1983)

. . . 946 (5th Cir.1982) (no abuse of discretion in requirement that prisoner pay $8.00 fee, where he had $27.40 . . .

SMITH, Jr. v. MARTINEZ W. J. Jr., 706 F.2d 572 (5th Cir. 1983)

. . . requiring the prisoner to pay $8.00 to cover filing and service fees, where (although he had only $27.40 . . .

WILLIAMS, v. W. J. ESTELLE, Jr., 681 F.2d 946 (5th Cir. 1982)

. . . Although Williams had only $27.40 in his inmate trust account when the district court reviewed his request . . .

In ARTERBURN, ARTERBURN, v. ARTERBURN,, 15 B.R. 189 (Bankr. W.D. Okla. 1981)

. . . over hold-harmless agreements is confined to the parties to the agreement.” 1 Norton, Bankruptcy, § 27.40 . . . Nitz, 568 F.2d 148 (C.A. 10 1977). 1 Norton, supra, § 27.40, p. 38. . . .

GALLEGOS, v. STOKES, d b a A, 593 F.2d 372 (10th Cir. 1979)

. . . The annual percentage interest rate was stated as 27.40% and the total finance charge as $321.56. . . .

YOUNGER, v. GLAMORGAN PIPE AND FOUNDRY COMPANY, a, 418 F. Supp. 743 (W.D. Va. 1976)

. . . 253 salary of claimant $6,357.81 salary of white counterparts $6,628.88 claimant's daily rate of pay $27.40 . . .

RODWAY v. UNITED STATES DEPARTMENT OF AGRICULTURE, 514 F.2d 809 (D.C. Cir. 1975)

. . . 20 years ............................... 8.50 36.80 Women, 20-35 years ........................ 6.30 27.40 . . .

ASTRO SCIENCE CORPORATION v. UNITED STATES, 471 F.2d 624 (Ct. Cl. 1973)

. . . Wachtel, Government contracts § 27.40 [7] (1972). Plaintiff has not met this burden. . . .

ASTRO SCIENCE CORPORATION v. THE UNITED STATES, 200 Ct. Cl. 354 (Ct. Cl. 1973)

. . . Waohtel, Government Oon-tracts •§ 27.40[7] (1972). Plaintiff has not met this burden. . . .

E. Jr. S. v., 51 T.C. 799 (T.C. 1969)

. . . In addition to the cost of hiring a maid and bartender, petitioners spent $27.40 for rental of card tables . . .

C. J. v., 60 Cust. Ct. 938 (Cust. Ct. 1968)

. . . . 534, A.R.D. 223: * * * In the * * * [Acme Steel case, supra], however, it was stipulated that the 27.40 . . .

C. J. v., 58 Cust. Ct. 834 (Cust. Ct. 1967)

. . . The merchandise was appraised at the entered unit values, plus 27.40 percent, on the basis of constructed . . . In the latter case, however, it was stipulated that the 27.40 percent increase over the entered value . . .

v., 58 Cust. Ct. 821 (Cust. Ct. 1967)

. . . dispute was that of general expenses * * * that the appraised value at the entered unit values, plus 27.40 . . .

C. J. v., 56 Cust. Ct. 653 (Cust. Ct. 1966)

. . . The merchandise was appraised at the entered unit values, plus 27.40 percent, on the basis of constructed . . .

C. J. v., 55 Cust. Ct. 586 (Cust. Ct. 1965)

. . . The merchandise was appraised at the entered values, plus 27.40 per centum Canadian dollars, packed, . . .

v., 51 C.C.P.A. 81 (C.C.P.A. 1964)

. . . The merchandise in issue was appraised at the entered unit values, plus 27.40 per centum Canadian dollars . . . expenses, as defined in said section 402(d) 2; that the appraised value at the entered unit values, plus 27.40 . . . The trial judge, as did the Appellate Term, noted that the 27.40 per centum of the invoiced and entered . . .

UNITED STATES v. ACME STEEL COMPANY, 216 F. Supp. 448 (Cust. Ct. 1963)

. . . It was appraised at the entered unit values, plus 27.40 per centum Canadian dollars, packed, con-cededly . . . expenses, as defined in said section 402(d) (2); that the appraised value at the entered unit values, plus 27.40 . . . Aside from the stipulated fact that the appraiser’s addition of 27.40 per centum to the entered unit . . . Act of 1930, as amended by said Customs Simplification Act of 1956, at the entered unit values, plus 27.40 . . .

v., 50 Cust. Ct. 529 (Cust. Ct. 1963)

. . . It was appraised at the entered unit values, plus 27.40 per centum Canadian dollars, packed, concededly . . . expenses, as defined in said section 402(d) (2); that the appraised value at the entered unit values, plus 27.40 . . . Aside from the stipulated fact that the appraiser’s addition of 27.40 per centum to the entered unit . . . Act of 1930, as amended by said Customs Simplification Act of 1956, at the entered unit values, plus 27.40 . . .

v., 48 Cust. Ct. 497 (Cust. Ct. 1962)

. . . The appraisement was made in Canadian dollars at the entered unit values, plus 27.40 per centum, packed . . . On appraisement, the appraiser added 27.40 per centum of the invoiced and entered prices to such prices . . . dispute is the item of general expenses under section 402(d) (2) of the amended tariff act, and that the 27.40 . . . merchandise to the United States. (4) That said merchandise was appraised at the entered unit values, plus 27.40 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN THE TOWN OF SOUTHAMPTON,, 174 F. Supp. 1 (E.D.N.Y. 1959)

. . . (Parcel 216 — 49 acres; 218 — • 17.70 acres and 223 — 27.40 acres) They are parts of larger parcels in . . .

Co. v., 44 C.C.P.A. 83 (C.C.P.A. 1957)

. . . Appellant’s arguments were answered by the Customs Court as follows: * * * Sections 27.39 and 27.40 of . . .

N. M. Co. v., 36 Cust. Ct. 294 (Cust. Ct. 1956)

. . . . * * * Sections 27.39 and 27.40 of the Customs Manual of 1943, in effect at the time of this importation . . .

Co. v., 36 Cust. Ct. 214 (Cust. Ct. 1956)

. . . Sections 27.39 and 27.40 of the Customs Manual of 1943, in effect at the time of this importation, provide . . .

ASSOCIATED GROCERS OF ALABAMA, v. WILLINGHAM, 77 F. Supp. 990 (N.D. Ala. 1948)

. . . 209.16 10.61. 251.73 85.82 4.35 114.29 164.34 76.29 94.01 4.77 162.35 69.99 30.58 97.39 4.94 218.49 27.40 . . .

s, v. B., 130 Fla. 109 (Fla. 1937)

. . . net loss of $1535.32, while from April 1st, 1936, through November, 1936, showed a net loss of only $27.40 . . .