This suit was dispensed of in the Circuit Court *Page 273 on a directed verdict for the defendant. Upon writ of error to the resultant judgment, the contention here is that there was evidence adduced at the trial sufficient to take the case to the jury. The cause of action sued on in a six count declaration was generally alleged negligence on the part of the defendant sawmill company in permitting to accumulate on its mill yard and in its sheds, and under and near its tramway, particularly in a s..
QUESTION: May costs, witness fees, out-of-pocket expenses, and attorney's fees incurred by a career service employee during the prosecution of a successful appeal against an agency before the Career Service Commission be awarded to that employee by the commission if such appeal was initiated prior to and was pending on the effective date of Ch. 74-289, Laws of Florida SUMMARY: Pursuant to Ch. 74-289, Laws of Florida, codified as s. 110.061(3), F.S. (1974 Supp.), costs, attorney's fees, witness f..
Mr. Paul R. Gougelman, III Town of Indialantic Attorney 1825 Riverview Drive Melbourne, Florida 32901 Dear Mr. Gougelman: You ask substantially the following question: Does a municipality have the authority to set a 30 miles per hour speed limit on that portion of a county road that runs through a residential district and is located within the municipality In sum: A municipality has the authority to set a 30 miles per hour speed limit on that portion of a county road that runs through a resident..
Honorable Lawton Chiles Governor QUESTION: 1) May a notary public who is also a court reporter notarize his or her certificate that a deposition transcript is true and correct or his or her certificate of nonappearance 2) May a notary public administer an oath over the telephone to a person who is not in the presence of the notary 3) May a notary public administer an oath to a person over the telephone if the attorneys for all interested parties stipulate as to the person's identity SUMMARY: 1..
Mr. William D. Townsend General Counsel Department of Revenue The Carlton Building Tallahassee, Florida 32301 Dear Mr. Townsend: This is in response to a request from Larry Levy, the former General Counsel, for an opinion on substantially the following question: ARE CARE AND MAINTENANCE TRUST FUNDS OF CEMETERIES AND TRUST FUNDS ESTABLISHED IN CONNECTION WITH PRENEED FUNERAL MERCHANDISE OR SERVICE CONTRACTS, REGULATED RESPECTIVELY BY CHS. 497 AND 639, F.S., FOR THE PURPOSE OF MAINTENANCE OF SUCH C..
Eugene T. Whitworth State Attorney Gainesville QUESTION: Do the provisions of s. 316.193 (2)(b) and (c), F. S., mandate that the statutory time periods be measured from the date of conviction of the first offense to the date of conviction of the current offense(s) or are the statutory time periods measured from the date of the commission of the first offense to the date of the commission of the current offense with subsequent conviction for the current offense being a prerequisite to invocation o..
Mr. Robert A. Butterworth Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32301 Dear Mr. Butterworth: This is in response to your request for an opinion on substantially the following question: IS THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES AUTHORIZED TO INSPECT SCHOOL BUSES FOR OTHER EQUIPMENT AND FOR SAFE OPERATING CONDITIONS AS REQUIRED BY VARIOUS PROVISIONS OF CH. 316 , F.S., AT THE SAME TIME THE DEPARTMENT PERFORMS ITS ANN..
Glenn J. Bailey Columbia County Sheriff Lake City QUESTION: May the sheriff's department purchase, by law (s. 943.25 [5], F. S.), gym equipment, so that law enforcement officers may stay physically fit, from the Minimum Standards School Fund of Columbia County SUMMARY: The governing body of a county may purchase gym equipment for its law enforcement officers from additional cost assessments for law enforcement education expenditures under the Police Standards and Training Commission's interpreta..
QUESTION: Is a member of the city planning board of the City of Pensacola required to live within the corporate limits of the city SUMMARY: Where a city charter provides that a city planning board shall consist of a certain number of "citizen members" chosen by the city council, such members must be citizens and, thus, residents of the city. As a general rule, residence within a district or other political unit for which an officer is elected or appointed, however desirable, is not a necessary q..
