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SC13-2384 In Re: Amendments to the Florida Rules of Civil Procedure (2016)

Supreme Court of Florida Filed: Jan. 14, 2016

Supreme Court of Florida _ No. SC13-2384 _ IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE. [January 14, 2016] PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Rules of Civil Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. BACKGROUND The Civil Procedure Rules Committee (Committee) filed a “fast-track” out- of-cycle report, pursuant to Florida Rule of Judicial Administration 2.140(e), proposing amendments to the Florida ..

07-12596 Intervest Const., Inc. v. CANTERBURY ESTATE HOMES (2008)

Court of Appeals for the Eleventh Circuit Filed: Dec. 22, 2008 Citations: 554 F.3d 914

554 F.3d 914 (2008) INTERVEST CONSTRUCTION, INC., a Florida corporation, Plaintiff-Appellant, v. CANTERBURY ESTATE HOMES, INC., a Florida corporation, Defendant-Appellee. No. 07-12596. United States Court of Appeals, Eleventh Circuit. December 22, 2008. *916 Kelly J.H. Garcia and Virginia Bullerman Townes, Akerman Senterfitt, Orlando, FL, for Plaintiff-Appellant. Sidney M. Nowell, Nowell & Associates, P.A., Bunnell, FL, for Defendant-Appellee. Before BIRCH and DUBINA, Circuit Judges, and GOLDBERG..

02-14372 (2003)

Court of Appeals for the First Circuit Filed: Sep. 02, 2003 Citations: 344 F.3d 1123

The district court found that SCADIF sent the check at issue to First Union for collection rather than for payment, and therefore, the midnight deadline rule does not apply., 7, Collecting bank is defined by UCC Article 4 as a bank handling an item for collection except the payor bank.

98-004118F FLORIDA BANKERS ASSOCIATION vs DEPARTMENT OF INSURANCE (1998)

Division of Administrative Hearings, Florida Filed: Sep. 18, 1998

Whether the Petitioners are entitled to an award of attorneys' fees and costs pursuant to Section 120.595(2), Florida Statutes.Evidence establishes that Petitioners are entitled to fees and costs. Party`s participation in rulemaking is not a special circumstance which makes an award of fees unjust.

94-007199RP GBS GROVES, INC., AND CITRUS GROWERS ASSOCIATES, INC. vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Dec. 23, 1994

01-001445RX WENDY BETTS AND DONNA REUTER vs DEPARTMENT OF BANKING AND FINANCE (2001)

Division of Administrative Hearings, Florida Filed: Apr. 16, 2001

Whether Rule 3C-560.803, Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority.Petitioners failed to show rule is invalid within meaning of s. 120.52(8)(b) and (c), F.S. Rule interprets Ch. 560, F.S., to clarify activities allowed within scope of statute. Agency permitted to modify statutory cites to law implemented section of rule.

98-001312 DEPARTMENT OF INSURANCE vs ST. PAUL FIRE AND MARINE INSURANCE COMPANY (1998)

Division of Administrative Hearings, Florida Filed: Mar. 18, 1998

The issue in this case is whether Respondent used a rating system in conjunction with certain professional liability insurance policies issued between 1982 and 1987 which violated Sections 624.418, 626.9541, 627.062, and 626.371, Florida Statutes, as alleged by Petitioner in its Order to Show Cause.Insurer properly "a" rated insurance policies for physicians and, therefore, alternative manual insurance rates did not apply; refund not required.

97-002984RP FLORIDA BANKERS ASSOCIATION vs DEPARTMENT OF INSURANCE (1997)

Division of Administrative Hearings, Florida Filed: Jun. 30, 1997

Whether proposed rules promulgated by the Florida Department of Insurance related to sale of insurance products by agents affiliated with financial institutions are an invalid exercise of delegated legislative authority.Proposed rules regarding insurance sales in financial institution are invalid example of delegative legislative authority.

95-004242 BREVARD COUNTY SCHOOL BOARD vs RONALD H. YOUMANS (1995)

Division of Administrative Hearings, Florida Filed: Aug. 28, 1995

On August 2, 1995, David E. Sawyer, Superintendent of the Brevard County School District, filed a petition for dismissal of Respondent, Ronald H. Youmans, and termination of his continuing contract. The petition alleges that Respondent Youmans, a teacher and band director in the Brevard County school district, engaged in certain sexual acts with two female students between 1975 and 1981, and made inappropriate and sexually suggestive telephone calls to a third female student on or about January 6-8, 1994. The ultimate issue for disposition in this proceeding is whether the petition for dismissal and termination should be granted. Since Respondent argues that the school board's action is barred by laches, that legal issue must also be addressed.Band director had continuing sexual relationship with 2 students, also made improper phone call to another student. Guilty of immorality and misconduct.

92-001476 DEPARTMENT OF INSURANCE AND TREASURER vs FIRST UNION MORTGAGE CORPORATION (1992)

Division of Administrative Hearings, Florida Filed: Mar. 04, 1992

A notice and order to show cause, issued to Respondent on January 15, 1992, seeks to terminate Respondent's grandfathered status under Section 626.988, F.S., and seeks to suspend or revoke Respondent's certificate of authority pursuant to Section 626.891, F.S. Various violations are alleged, including expanding the scope of functions being performed on April 2, 1974; soliciting prospective insurance customers by placing enclosures and solicitations in First Union Bank customers' bank statements; adding resident life agents; and allowing an unlicensed individual to solicit applications of insurance in Florida. The issues for resolution in this proceeding are whether the alleged violations occurred and if so, what discipline or remedial action is appropriate.No clear prohibition of financial institution being certified as an administrator. No authority to revoke grandfather status. No violation of deciding statute

Virginia Bullerman Townes