Florida Statute 28.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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28.05 Surety companies.—The provisions of ss. 28.01-28.04 as to number of sureties, affidavits of residence and justification of same, shall not apply to solvent surety companies authorized to do business and execute bonds in this state.

History.—GS 1824; RGS 3069; CGL 4850; s. 4, ch. 17754, 1937; s. 1, ch. 20719, 1941.

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Amendments to 28.05

Annotations, Discussions, Cases:

Cases Citing Statute 28.05

Total Results: 16 | Sort by: Relevance | Newest First

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James Wright v. Lanson Newsome, Warden, 795 F.2d 964 (11th Cir. 1986).

Cited 259 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 27902

the Claims Advisory Board pursuant to O.C.G.A. § 28-5- *966 85. The Board rejected the claim

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North Georgia Elec. Membership Corp. v. City of Calhoun, Georgia, a Mun. Corp., 989 F.2d 429 (11th Cir. 1993).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 25 Fed. R. Serv. 3d 798, 1993 U.S. App. LEXIS 8689, 1993 WL 101424

parties in the initial action.... Restatement § 28(5). One of the comments to this section indicates

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St. Regis Paper Co. v. State, 237 So. 2d 797 (Fla. 1st DCA 1970).

Cited 30 times | Published | Florida 1st District Court of Appeal | 1 ERC 1515

waters in violation of the Commission's Rule, Section 28-5.02(2). The Commission asked for assessment of

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Cook v. State, 921 So. 2d 631 (Fla. 2d DCA 2005).

Cited 23 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2242710

exception in Restatement (Second) of Judgments Section 28(5)(a) for circumstances where "[t]here is a clear

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Moore v. Wesley E. Garrison, Inc., 5 So. 2d 259 (Fla. 1941).

Cited 16 times | Published | Supreme Court of Florida | 148 Fla. 653, 1941 Fla. LEXIS 955

and the same were described as located in Section 28; (5) the plat book appearing in the clerk's office

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Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters, 748 F. Supp. 1529 (S.D. Fla. 1990).

Cited 13 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 13662, 1990 WL 156697

finds, following Restatement (Second) of Judgments § 28(5)(a), that the use of issue preclusion or collateral

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Boynton v. Canal Auth., 311 So. 2d 412 (Fla. 1st DCA 1975).

Cited 12 times | Published | Florida 1st District Court of Appeal

Judgments § 441. [7] Please see Jones on Evidence, § 28.5 and Thompson v. State, 1908, 55 Fla. 189, 46 So

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XL SPECIALTY INS. v. Aircraft Holdings, 929 So. 2d 578 (Fla. 1st DCA 2006).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 5850, 2006 WL 1058208

of privilege is reviewable by certiorari, id. at § 28.5 n. 5, at 680 (collecting cases), but argues that

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United States Serv. v. State Dept., Etc., 385 So. 2d 1147 (Fla. 1st DCA 1980).

Cited 5 times | Published | Florida 1st District Court of Appeal

request or petition shall be in compliance with Rule § 28-5.15, F.A.C., and shall be filed with and received

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May v. Allied Chlorine & Chem. Prods., Inc., 168 So. 2d 784 (Fla. Dist. Ct. App. 1964).

Cited 4 times | Published | District Court of Appeal of Florida

before inhaling. See 2 Harper and James, Torts § 28.5 (1956). The instant case is distinguished from

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Gulf Coast Home Health Serv. v. Dhrs, 515 So. 2d 1009 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal

intervention. See Chapter 120, F.S. as well as Section 28-5.111 and 28-5.207, F.A.C. In deference to the

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Smith v. State, 218 So. 3d 996 (Fla. 2d DCA 2017).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 1951097, 2017 Fla. App. LEXIS 6531

persons or property.” Fla. Std. Jury Instr. (Crim.) § 28.5. This court has explained that “[mjerely proving

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Coffer Kenneth v. The State of Florida (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

original) (quoting Fla. Std. Jury Instr. (Crim.) § 28.5). “To be considered reckless driving, the defendant

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AA Acquisitions, LLC v. Opa-Locka Flightline, LLC, 23 So. 3d 777 (Fla. 3d DCA 2009).

Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 17714, 2009 WL 4061284

So.2d 523 (Fla.1995); Philip J. Padovano, supra, § 28:5 at 725-26. The appellate division's order granting

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State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971).

Published | Supreme Court of Florida | 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089

violation of Commission Rule, Subsection (2) of Section 28-5.02, Florida Administrative Code; that, therefore

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Maryland Cas. Co. v. Simmons, 193 So. 2d 446 (Fla. Dist. Ct. App. 1966).

Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4761

carrier. Alpert, Florida Workmen’s Compensation Law § 28:5 (1966). Settlement without the consent of the carrier

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