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The statute makes the out-of-state location of a bank holding company's principal operations an explicit barrier to the presence of an investment subsidiary within the State. As Bankers Trust's application before the Board itself indicates, it thus prevents competition in local markets by out-of-state firms with the kinds of resources and business interests that make them likely to attempt de novo entry. Appellant virtually concedes this effect, Brief for Appellant 59, and the circumstances of enactment suggest that it was the legislature's principal objective.Criminal Law & Procedure > Counsel > General OverviewThe disobedience, or contractual violations, of one to whom a dangerous instrumentality is entrusted can no more logically exonerate a bailor than a master or employer. The intrusting such a powerful and dangerous engine as a locomotive, to one who will not submit to control, and render implicit obedience to orders, is itself an act of negligence the causa causans of the mischief; while the proximate cause, or the ipsa negligentia which produces it, may truly be said, in most cases to be the disobedience of orders by the servant so entrusted. If such disobedience could be set up by a railroad company as a defense, when charged with negligence, the remedy of the injured party would in most cases be elusive. Any relaxation of the stringent policy and principles of the law affecting such cases could be highly detrimental to the public safety.Connelly, 479 U.S. at 167-68 (emphasis added; citations omitted).Four of the seized photographs depicted young females with exposed breasts, while the fifth photograph was of a young female who was completely clothed. There was nothing on the photographs to indicate the age of the women.http://tulalip.com.pl/?p=549787 http://articles.herb1.ca/index.php?page=article&article_id=4840 1st DISTRICT - No.88-458445 So 2d 1445 So. 2d 1;1984 Fla App LEXIS 117331984 Fla. App. LEXIS 11733"Liens under ss. 713.05 [Liens of persons in privity] and 713.06 [Liens of persons not in privity] shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded."Governments > Legislation > Statutes of Limitations > General OverviewTorts > Public Entity Liability > Liability > General Overview http://hcclassfieds.com/blog/2012/08/locating-solutions-for-bankruptcy/ http://blog.drgeorgesteinfeld.com/?p=14182
Trial court erred in granting summary judgment in favor of pediatrician, obstetrician and hospital based on statutes of limitations in Fla. Stat. ch. 95.11(4)(b), where minor child filed a medical malpractice within two years of his birth because doctor's failed to diagnose his mother's infection and failed to immediately treat child, leaving him permanently injured; the knowledge of injury referred to in Fla. Stat. ch. 95.11(4)(b) means not only knowledge of the injury, but knowledge that there was a reasonable possibility that the injury was caused by medical malpractice. King v. Rojas, 767 So.2d 510, 2000 Fla. App. LEXIS 8039 (June 28, 2000), review denied by 789 So.2d 348, 2001 Fla. LEXIS 695 (Fla. 2001). Civil Procedure : Jurisdiction : Subject Matter Jurisdiction : Supplemental Jurisdiction : Pendent Claims Insurance Law : Motor Vehicle Insurance : Coverage : Compulsory Coverage : General Overview http://articleabc.info/eliptical-traing-and-also-you Trial court's dismissal of the informations filed against the defendant for first degree grand theft in violation of Fla. Stat. ch. 812.014 was improper; the prosecutor had the discretion to decide whether to charge theft of a $20,000 motor vehicle as a third degree felony or as a first degree felony. State v. Sammons, 446 So.2d 1177, 1984 Fla. App. LEXIS 12285 (Mar. 16, 1984). http://domainestimations.com/?p=7156
Concur Civil Procedure > Pleading & Practice > Service of Process > General Overview No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d). The threshold question in this appeal is whether Shepherd has a lessor's reversionary interest or merely a creditor's security interest in the construction equipment. Neither Shepherd nor Aoki disputes the fact that should the lease agreements be construed to be "true" leases, Shepherd would retain a lessor's reversionary interest in the heavy equipment and would be entitled to prevail. On the other hand, if the lease agreements are determined to be merely security devices, Shepherd can prevail only if it perfected its security interests. See Calif.Comm.Code § 9301. Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance. Third District - Case No. 89-868. (Dade County) http://www.projector247.com/?p=186426
August 8, 1990 "'Pure opinion'" refers to expert opinion developed from inductive reasoning based on the expert's own experience, observation, or research, whereas the Frye test applies when an expert witness reaches a conclusion by deduction, from applying new and novel scientific principle, formula, or procedure developed by others." 816 So.2d at 1117; see also Jones v. Goodyear Tire & Rubber Co., 871 So. 2d 899 (Fla. 3d DCA 2003) (expert opinion based on expert's own experience or training is deemed "pure opinion" and need not pass the Frye test because the testimony is based on the expert's personal opinion). It is undisputable that the trial court's reliance in this case on the failure of plaintiff's expert witnesses to follow the Frye methodology for general scientific acceptance of new or novel scientific discoveries was improper under our own decision. The Frye methodology was unnecessary to qualify the testimony of these particular witnesses--who were not asked to deal with a new, novel scientific principle. If one had to characterize the nature of their knowledge, training and experience, it had to do with applied engineering, not with pure science. 476 So. 2d 674::Okuboye v. Hubert Rutland Hosp.::August 26, 1985 Fla. Stat. ch. 120.68(1) allows for judicial review where a party is adversely affected by final agency action. This section further provides that intermediate agency action or rulings are immediately reviewable if review of the final agency decision would not provide an adequate remedy. Governments > Legislation > Statutes of Limitations > Time Limitations http://med-anecdotes.com/?p=72223
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