Repeal By Implication

262 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dep't OF Educ. v. Educ. Charter Found. OF Fla., Inc.
  177 So. 3d 1036· Fla. 1st DCA· 2015-11-03 ·cited 1×
  The Department of Education appealed a summary judgment enjoining it from declassifying Imagine Schools as a high-performing charter school based on a single 'C' grade. The court affirmed, holding that subsection (4) of the charter school statute—requiring two 'C' grades before d
• Lasseter v. Dade Cnty. Bd. of Rules & Appeals
  19 Fla. Supp. 191· Dade Cty. Cir. Ct.· 1962-06-18 ·cited 1×
  A master plumber challenged a Board of Rules and Appeals decision authorizing an engineering contractor (Marks Brothers Company) to install sanitary and storm sewer lines on private property in Miami. The circuit court held that such sewer work constitutes plumbing work that, und
• Gilbert v. State Farm Mut. Auto. Ins.
  M.D. Fla.· 2015-04-01
  The court held that the plaintiff's motion to remand was denied because the amount in controversy exceeded $75,000, and the bad faith and declaratory judgment claims were dismissed as premature.
• United States v. Forest Hill Gardens E. Condo. Ass'n
  849 F. Supp. 2d 1262· S.D. Fla.· 2014-01-03
  A foreclosing first mortgagee's liability for unpaid assessments is limited by statute to the lesser of 12 months of unpaid common expenses or 1% of the original mortgage debt, and does not include individualized charges like interest, late fees, or attorney's fees.
• Jacovis James Saridakis v. State
  936 So. 2d 33· Fla. 4th DCA· 2006-07-12
  Criminal contempt is not a statutory misdemeanor, and its punishment is not limited by misdemeanor statutes, allowing for a one-year probation term.
• United States v. Vielman Joya-Martinez
  947 F.2d 1141· 4th Cir.· 1991-10-22
  The court held that the government need not prove an alien lacked a visa to convict under 8 U.S.C. § 1326, and that the defendant failed to make a sufficient showing for an evidentiary hearing on prosecutorial misconduct.
• Anthanasios G. Dallis v. Martin
  929 F.2d 587· 10th Cir.· 1991-04-08
  The court held that the amended penalty statute for the firearm offense was effective upon enactment, and therefore the Parole Commission correctly computed the petitioner's parole eligibility date.
• Est. OF Laura v. Bell
  928 F.2d 901· 9th Cir.· 1991-03-25
  The court held that overpayments of estate taxes made under an election to pay in installments pursuant to 26 U.S.C. § 6166 are governed by 26 U.S.C. § 6403, which requires crediting overpayments against unpaid installments.
• W. River Elec. Ass'n, Inc. v. Black Hills Power & Light Co.
  918 F.2d 713· 8th Cir.· 1990-11-02
  The court held that § 8093, by its plain language and legislative history, applies to federal enclaves and requires federal agencies to comply with state laws governing the provision of electric utility service, even without explicit mention of 'federal lands' or 'federal enclave
• United States v. Kitty K. Burton
  888 F.2d 682· 10th Cir.· 1989-10-30
  The court held that federal law, as amended by appropriations acts and the Public Building Amendments of 1988, grants special police jurisdiction over leased federal property, allowing prosecution for violations of GSA regulations.
• United States v. Mudd
  817 F.2d 840· D.C. Cir.· 1987-04-21
  The court held that probation and early parole eligibility are available options for a district court imposing sentence under 18 U.S.C. § 3147, following the reasoning of Rodriguez v. United States.
• Wright v. Holbrook
  794 F.2d 1148· 6th Cir.· 1986-07-11
  The court held that the plaintiff waived the right to appeal issues not raised in his objections to the magistrate's report and that new theories of recovery cannot be raised for the first time on appeal.
• West v. Vill. OF Morrisville & Robert Bourne
  728 F.2d 130· 2d Cir.· 1984-02-14
  The court held that federal courts should abstain from deciding constitutional questions when complex state law issues that could moot the federal questions remain unresolved.
• Executive Limousine Serv., Inc. v. The Honorable Neil E. Goldschmidt
  628 F.2d 115· D.C. Cir.· 1980-04-04
  The court held that the Washington Metropolitan Area Transit Commission (WMATC) has primary authority to certify carriers for ground transportation from Dulles Airport, and the FAA must contract with WMATC-certified carriers.
• Hampton v. State
  45 Fla. Supp. 135· Fla. Cir. Ct.· 1977-01-17
  The court affirmed a conviction under Section 818.01, Florida Statutes, finding that the statute prohibiting the disposal of personal property subject to a lien without the lienor's consent was not repealed by the later enactment of Section 679.311, Florida Statutes (UCC).
• Maynor v. Rogers C. B. Morton
  510 F.2d 1254· D.C. Cir.· 1975-04-04
  The court held that the Lumbee Act of 1956 did not repeal or divest individuals previously certified as "Indians" under the Indian Reorganization Act of 1934 of their rights.
• Brantley v. Kirk
  32 Fla. Supp. 195· Leon Cty. Cir. Ct.· 1969-08-15
  This case addresses the constitutional validity of Florida's Chapter 69-3 (House Bill 795), which increased legislative salaries to $15,000 for leadership and $12,000 for other members, effective April 1, 1969. The court upheld the statute against multiple constitutional challeng
• In re Serv. Transp., Inc. v. Paradiso
  301 F.2d 705· 2d Cir.· 1962-04-19
  The court held that the requirement for acknowledgment of conditional sales contracts was not repealed by the Uniform Motor Vehicle Certificate of Title and Anti-Theft Act.
• Birnie v. Permanente Metals Corp.
  192 F.2d 752· 9th Cir.· 1951-11-13
  The court held that the subcontractor's profits in excess of ten percent were payable to the Maritime Commission, as the relevant statute was not impliedly repealed.
• United States v. Brazda
  179 F.2d 374· 8th Cir.· 1950-01-11
  The court held that the new Judicial Code, specifically 28 U.S.C.A. § 1865(a), governs the selection of grand jurors in the District of Nebraska, superseding the older Act of February 27, 1907.
• State ex rel Bd. of Pub. Instruction of Sarasota Cnty. v. Lee
  146 Fla. 392· Fla.· 1941-03-14
  The Florida Supreme Court upheld a special appropriation law (Chapter 17191, Acts of 1935) directing the State Comptroller to issue a warrant to Sarasota County's Board of Public Instruction for $7,000 from the state racing fund. The Court rejected the Comptroller's argument that
• Kohler v. Nicholson
  117 F.2d 344· 4th Cir.· 1941-01-06
  The court held that the Act of May 27, 1930, repealed the Act of February 26, 1929, and therefore the appellant was not entitled to good conduct credits for camp employment under the earlier act.
• Davison Gulfport Fertilizer Co. v. Gulf & Ship Island R. Co.
  92 F.2d 107· 5th Cir.· 1937-07-20
  The court held that the appellee breached its contract with the United States by promulgating wharfage rates and filing a tariff without the approval of the Secretary of War, as required by a joint resolution and subsequent contract. This breach constituted a tort, and the appell
• State v. Blocks
  128 Fla. 649· Fla.· 1937-06-16
  The Florida Supreme Court held that the Board of Elections of Tampa, not the city's legislative department, had the statutory duty to call a charter board election under Chapter 15533, Special Acts of 1931. The Court affirmed its prior holding in State ex rel. Brown v. Emmerson a
• Dr. P. Phillips Inv. Co. v. City of Orlando
  113 Fla. 843· Fla.· 1934-02-05
  The Florida Supreme Court reversed a judgment dismissing a suit by Dr. P. Phillips to recover interest payments on a $200,000 note for land purchased by the City of Orlando. The court held that Chapter 10973 of 1925 impliedly repealed the conflicting provisions of Chapter 9864 of