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Citation: 543 F. Supp. 4 | Docket No.: TCA 79-0885
Status: Published | Citing: 54
Summary: 543 F. Supp. 4 (1981) Gregory Scott SCHERER, Plaintiff, v. Ralph DAVIS, individually; Chester Blakemore, officially as Director of the Department of Highway Safety and Motor Vehicles; and J. Eldredge Beach, individually and as Director of the Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, Defendants. Scherer seeks monetary damages, as well as injunctive and declaratory relief, for the defendants' failure to provide him with either pre-termination or post-termination due......read more.


Citation: 448 F. Supp. 250 | Docket No.: PCA No. 78-0402
Status: Published | Citing: 4
Summary: 448 F. Supp. The court recognizes the difference between the type of trust here involved and those involved in Associated Cemetery, supra, Pope & Cottle, supra, and In re Bloom, 10 F. Supp.


Citation: 886 F. Supp. 845 | Docket No.: 95-30127-RV
Status: Published | Citing: 23
Summary: 886 F. Supp. Madara v. Hall, 916 F.2d 1510, 1514 (11th Cir. 1990), citing, Morris v. SSE, Inc., 843 F.2d 489, 492 (11th Cir.1988). Sun Bank, N.A. v. E.F. Hutton & Co., Inc., 926 F.2d 1030, 1032 (11th Cir.1991). Milligan advances two legal arguments in support of its contention, both based on language in Voorhees v. Cilcorp, Inc., 837 F. Supp. Structural Panels, Inc. v. Texas Aluminum Industries, Inc., 814 F. Supp. See, e.g., Sun Bank, N.A. v. E.F. Hutton & Co., Inc., 926 F.2d 1030, 1032 (11th Ci......read more.


Citation: 33 F. Supp. 2d 1327 | Docket No.: 4:97cv93-WS
Status: Published | Citing: 9
Summary: 33 F. Supp. 2d 1327 (1998) Richard A. BORGNER, D.D.S., and the American Academy of Implant Dentistry, Plaintiffs, v. Doug COOK, in His Official Capacity as Director, State of Florida, Agency for Health*Care Administration, and Faustino Garcia, D.M.D, Solomon G. Brotman, D.D.S., Phil J. Levine, D.D.S., Charles L. Ross, D.D.S., Edward R. Scott, II, D.M.D., Carol E. Williamson, D.M.D., Jacqueline B. McDonough, R.D.H., Irene J. Stavros, Hilda H. Genco, Mary L. McDonald, in Their Official Capacities,......read more.


Citation: 665 F. Supp. 2d 1258 | Docket No.: Case No. 3:08cv509/RV/EMT
Status: Published | Citing: 38
Summary: 665 F. Supp. 2d 1258 (2009) RAIN BIRD CORPORATION, a California corporation, Plaintiff, v. Patrick TAYLOR, Individual doing business as AAA Rainbird Connection, Defendant. The following permanent injunction is entered: Patrick Taylor, his agents, servants, employees, and attorneys, and all those acting in concert or participation with any of the foregoing, are hereby permanently restrained and enjoined, effective immediately, from using the term "Rain Bird" or variations thereof, including "AAA ......read more.


Citation: 243 F. Supp. 2d 1293 | Docket No.: 4:02CV297-RH
Status: Published | Citing: 10
Summary: 243 F. Supp. 2d 1293 (2002) FLORIDA DEPARTMENT OF INSURANCE, as Receiver of WESTERN STAR INSURANCE COMPANY, LTD., Plaintiff, v. CHASE BANK OF TEXAS NATIONAL ASSOCIATION, etc., Defendant. There is no basis for original federal jurisdiction over the delinquency proceeding itself, and although the claim at issue is a "separate and independent claim" within the meaning of 28 U.S.C. § 1441(c), Congress amended that section in 1990 to preclude removal of a separate and independent claim unless it aris......read more.


Citation: 607 F. Supp. 2d 1297 | Docket No.: Case No. 3:06cv95/MCR/EMT
Status: Published | Citing: 41
Summary: 607 F. Supp. 2d 1297 (2009) Sony ROY, individually, and Sony Roy and Raymonde L. Roy, husband and wife, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS, Walton County, Florida, or, alternatively, Kenneth Pridgen, Larry Jones, Rosier "Ro" Cuchens, Cindy Meadows, Scott Brannon, in their official capacities as Commissioners of Walton County; Pat Blackshear, individually; Kenneth C. Vogel, individually; Margaret "Meg" Nelson, f/k/a Margaret N. Stevenson, individually; and Charles A. Webb, III, individu......read more.


Citation: 505 F. Supp. 968 | Docket No.: PCR 80-441-01, 80-441-02
Status: Published | Citing: 18
Summary: 505 F. Supp. On the morning of that day, before voir dire began, defendants William M. Norrie, III, and Gerry Hencye each filed a motion to dismiss the indictment in this case pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 et seq. Defendants Norrie and Hencye contend, pursuant to 18 U.S.C. § 3161(h)(6), that the indictment in PCR 80-441 charges the same offense or offenses which were required to be joined with the indictment in PCR 80-432. See 18 U.S.C. §§ 3162 and 3163(c); United States v. ......read more.


Citation: 758 F. Supp. 688 | Docket No.: TCA 90-40035-WS
Status: Published | Citing: 26
Summary: 758 F. Supp. Smith v. Dugger, 840 F.2d 787 (11th Cir.1988). Smith v. Dugger, 888 F.2d 94 (11th Cir.1989). See Brown v. Dugger, 831 F.2d 1547 (11th Cir.1987) (discussing Chapman standard where constitutionally-proscribed evidence was admitted at trial). See, e.g., Delap v. Dugger, 890 F.2d 285 (11th Cir.1989) (finding Hitchcock error not harmless despite state courts' findings to the contrary). Mindful that there are no precise guidelines for determining harmlessness in a Hitchcock context, see D......read more.


Citation: 585 F. Supp. 807 | Docket No.: TCA 83-7333-WS
Status: Published | Citing: 9
Summary: 585 F. Supp. The Surface Transportation Assistance Act of 1982 ("STAA"), 49 U.S.C. § 2311 et seq., authorized the use of tandem trucks, also known as truck tractor, semi-trailer, trailer combinations, on all Interstate Defense Highways and on Federal-Aid Primary Highways designated by the Secretary of Transportation. This section conflicts with 49 U.S.C. §§ 2311(c) and (e)(1) which grant the power to designate which Federal-Aid Primary Highways will be a part of the tandem truck network to the S......read more.


Citation: 950 F. Supp. 1117 | Docket No.: TCA 94-40025-MMP
Status: Published | Citing: 46
Summary: 950 F. Supp. *1120 ORDER BY THE COURT: Pending are the Plaintiffs' motions and amended motion for attorney fees and costs against Defendants Florida Secretary of State Sandra Mortham, the Florida Senate, and the Florida House of Representatives (collectively, the "State Defendants") (docs. Johnson v. Mortham, 915 F. Supp. Johnson v. Mortham, 926 F. Supp. According to the Plaintiffs, they have successfully asserted constitutional claims against the State Defendants under Title 42, United States C......read more.




Citation: 364 F. Supp. 2d 1340 | Docket No.: 4:03 MC 7-SPM
Status: Published | Citing: 10
Summary: 364 F. Supp. Upon consideration of the arguments presented by the parties and being otherwise fully advised in the premises, the Court finds that Petitioners are not entitled to an award of attorney's fees Incurred during the arbitration proceeding. Petitioners are, nevertheless, entitled to an award of attorney's fees incurred during the instant proceeding to confirm the arbitration award. Petitioners waived their right to a court determination of attorney's fees incurred during arbitration Whi......read more.


Citation: 528 F. Supp. 538 | Docket No.: MCA 81-0245
Status: Published | Citing: 13
Summary: 528 F. Supp. William J. NELLIS, et al., Defendants and Third-Party Plaintiffs, v. F. Ray MARSHALL, et al., Third-Party Defendants. *540 Thomas J. Duffey, Milwaukee, Wis., for defendant Thomas F. O'Malley. For the reasons developed below, the court finds that there is no genuine issue as to any material fact and that Foster is entitled to the entry of summary judgment in his favor as a matter of law. In his complaint the Secretary alleged that the defendants had breached the fiduciary obligations......read more.


Citation: 650 F. Supp. 2d 1169 | Docket No.: Case No. 4:08-cv-363-SPM/WCS
Status: Published | Citing: 24
Summary: 650 F. Supp. Plaintiff objects that the Magistrate Judge erred in concluding that there was substantial evidence in the record sufficient for the Administrative Law Judge to find that the Plaintiff did not suffer from any severe impairments that met or were equal to those impairments listed in Appendix 1 of 20 C.F.R. Part 404, pursuant to Step 3 of the analysis of a Social Security claim. Chester v. Bowen, 792 F.2d 129, 131 (11th Cir.1986). "Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.......read more.


Citation: 139 F. Supp. 2d 1349 | Docket No.: 3:01CV63RV
Status: Published | Citing: 17
Summary: 139 F. Supp. In this action, the plaintiffs, employees of the Navy Public Works Center at Pensacola ("NPWC") and the union that represents these employees, seek injunctive *1352 and declaratory relief and a writ of mandamus against the defendants United States Navy and NPWC on the grounds that the defendants have continued to expend funds on a commercial activities study ("CA study") in violation of federal law and Department of Defense regulations. McDonald's Corp. v. Robertson, 147 F.3d 1301, ......read more.




Citation: 726 F. Supp. 2d 1349 | Docket No.: Case No. 4:09-cv-00243-MP-WCS
Status: Published | Citing: 27
Summary: 726 F. Supp. *1351 Chester v. Bowen, 792 F.2d 129, 131 (11th Cir.1986). "Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983) (citations omitted); Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir.2002). "Phillips v. Barnhart, 357 F.3d 1232, 1240, n. 8 (11th Cir.2004) (citations omitted). Dyer v. Barnhart, 395 F.3d 1206, 1211 (11th Cir. Tieniber v. Heckler, 720 F.2d 1251, 1253 (11th Cir. Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.198......read more.




Citation: 596 F. Supp. 680 | Docket No.: MCA 84-2030-RV
Status: Published | Citing: 23
Summary: 596 F. Supp. 680 (1984) Gary McDOUGALD, Plaintiff, v. Vivian L. JENSON, Clarence Ehli, and the Honorable Arthur Verharen, in his capacity as Superior Court Judge of the State of Washington, Defendants. This case involves inconsistent child custody decrees entered by the Florida and Washington state courts. It is now before this Court on the father-plaintiff's four-count amended complaint: (1) Count I seeks relief and damages pursuant to Title 42, United States Code, Section 1983; (2) Count II se......read more.