CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1998 WL 207890
...In Torres, the Fifth Circuit considered the same provision of the Texas civil code, which
authorizes wrongful death actions brought by citizens of foreign nations provided that "the country
has equal treaty rights with the United States on behalf of its citizens." Tex. Civ. Prac. & Rem. §
71.031 (Vernon 1986). The Fifth Circuit rejected the reasoning set forth in Kern, stating:
At the outset we reject [the defendant's] contention that Tex. Civ. Prac. & Rem.Code §
71.031 confers federal question jurisdiction.... The mere fact that section
71.031 requires
a Texas state court to examine treaties to determine whether a plaintiff has standing is
insufficient by itself to create federal jurisdiction.
Torres,
113 F.3d at 542.
7
We use the term "standing" beca...
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8378, 1996 WL 460721
...“ ‘The better opinion is that when the indictment is lost the prosecution may proceed to trial on a substituted copy, if exact, and the proof of it conclusive.’ ” Roberson,
45 Fla. at 102 ,
34 So. at 296 (citations omitted). Two statutes of considerable antiquity also address the point. See §§
71.011(5),
71.031, Fla.Stat. (1995). 1 The state filed a motion to reestablish the record, citing sections
71.011 and
71.031, Florida Statutes....
...The court directed the parties to research the question of what procedure to follow in a situation like the present one which, judging from the lack of reported cases, has arisen only infrequently in Florida history. In response, the state unearthed sections
71.011 and
71.031, Florida Statutes, and filed its motion in conformity therewith....
...The long-standing public policy of Florida favors the adjudication of disputes on the merits, not on matters of form. The order under review is reversed and the cause remanded for an evidentiary hearing 8 and further proceedings consistent herewith. Reversed and remanded. . Section 71.031, Florida Statutes, provides: 71.031 Reestablishment of pleadings and process in pending actions....
...lishing a lost judicial record is now within the Florida Supreme Court’s exclusive rulemaking jurisdiction. See Art. V, § 2(a), Fla. Const. If so, the statutory procedure would not be binding but may provide useful guidance. . Sections
71.011 and
71.031 do not require the filing of affidavits, although it is a desirable practice. After defendant objected that the assistant state attorney had not filed an affidavit, she did so. There is a minor discrepancy between section
71.031, which requires the pleader to allege that the copy is “a substantial copy of that lost or destroyed,” id....
CopyPublished | Court of Appeals for the Eleventh Circuit
...In Torres, the Fifth Circuit considered the same provision of the Texas civil
code, which authorizes wrongful death actions brought by citizens of foreign nations provided
that "the country has equal treaty rights with the United States on behalf of its citizens." Tex.
Civ. Prac. & Rem. §
71.031 (Vernon 1986). The Fifth Circuit rejected the reasoning set forth in
Kern, stating:
At the outset we reject [the defendant's] contention that Tex. Civ. Prac. & Rem. Code §
71.031 confers federal question jurisdiction.... The mere fact that section
71.031 requires
a Texas state court to examine treaties to determine whether a plaintiff has standing is
insufficient by itself to create federal jurisdiction.
Torres,
113 F.3d at 542.
In this case, we agree with the Fifth Circuit....
