CopyCited 113 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 4960, 2011 WL 833222
jurisdiction." (emphasis added)); 73 Pa.Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right
CopyCited 61 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 17021
...ion. Richardson v. Perales,
402 U.S. 389, 401 ,
91 S.Ct. 1420, 1427 ,
28 L.Ed.2d 842 (1971). Our decision finds support in regulations promulgated by the Secretary but not in effect at the time of Freeman’s hearing. See 20 C.F.R. § 201.00 (1981). Section
201.09 warrants classifying the claimant as disabled where (1) his maximum work capacity is limited to sedentary work, (2) he is closely approaching advanced age, (3) his education is limited, and (4) his employment history is confined to unskilled work....
...Freeman, an unskilled laborer who was age forty-nine at the time of his injury and is now in his mid-fifties, possesses a fourth grade education, can perform only limited sedentary work (if at all) and has an IQ of 62. Whether his classification is judged under section 201.09, or section 200.00(h), the outcome is disability....
CopyCited 44 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 18658
...7 For instance, the sedentary grid determines that a 50-year old claimant with no skills and limited education is disabled, while a 49-year old claimant with the same characteristics is not disabled. Compare 20 C.F.R. part 404, subpart P, Appendix 2 § 201.09 with id....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 13 U.C.C. Rep. Serv. (West) 383
...We, of course, have read the record, particularly that portion cited by appellee, and we simply do not find any conflict in the testimony. It is clear that Mr. Applegate agreed that the second note could be substituted for the first note and that by complying with F.S. § 201.09, F.S.A., further stamps would be unnecessary....
...One is that a man in the position of appellant here would never be able to limit his liability of indebtedness to a bank for the reason that the bank could ignore, as was done here, any contractual limitations, nor would he be able to rely on the clear intent of F.S. § 201.09, F.S.A....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Appellee then brought suit for declaratory and injunctive relief against appellant. Appellee contends that the second note incorporated the first note and that the second note was in part merely a substitution for the first note and therefore constituted an exempt renewal note within the meaning of § 201.09, Florida Statutes....
...This, however, ignores the requirement of §
201.08(1), supra, that the tax be paid on renewal notes. The tax is payable regardless of whether or not a part or all of the obligation of a renewal note was subjected to the stamp tax in the original note unless the renewal note comes within the terms of §
201.09, Florida Statutes, which we will discuss further below....
...The fact that the document incorporates a preexisting promise to pay is not controlling as to its taxability so long as the pre-existing promise to pay is part of the legally enforceable obligation of the document, unless, as aforesaid, it falls within the exemption of § 201.09, supra. That statute provides as follows: "201.09 Renewal of existing promissory note; exemption....
...ed to it the original promissory note with canceled stamps affixed thereon showing full payment of the tax due thereon." (Emphasis supplied) To rule that a note which includes the obligation of another note (and does not fall within the exemption of §
201.09, supra) is exempt from the tax would fly in the face of the very terms of the statute which taxes renewal notes §
201.08(1), supra. It was clearly the legislative intent of §
201.08(1), supra, to tax a renewal note for the full amount of the obligation if it included the obligation of another note and was not covered by the exemption of §
201.09, supra. Here the second note obviously enlarged the obligation of the first note, is therefore not exempt under §
201.09, supra....
...t that a tax is not due on that portion of the obligation which includes the obligation of the previous note, but these opinions do not deal with situations such as that presented here. They relate to renewal notes which come within the exemption of § 201.09, supra second notes which do not increase the obligation of the original note (or notes) and which are renewed by the second note....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Compare 20 C.F.R. part 404, subpart P, Appendix 2 §
201.09 with id. at §
201.18. See, e.g., Cummins v. Schweiker
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4205
expenses for lenders as well as borrowers. Section
201.09, Florida Statutes does not require documentary
CopyPublished | Court of Appeals for the Eleventh Circuit
” (emphasis added)); 73 Pa. Cons. Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4683
promissory note from documentary stamp tax under section
201.09, Florida Statutes (1975). State of Florida
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17285
it fell within the exemption provisions of Section
201.09, Florida Statutes; hence this appeal by the
