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Florida Statute 425.13 | Lawyer Caselaw & Research
F.S. 425.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 425.13

The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE
Chapter 425
RURAL ELECTRIC COOPERATIVES
View Entire Chapter
F.S. 425.13
425.13 Amendment of articles of incorporation.A cooperative may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall first be approved by the board of trustees and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; and
(2) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) The name of the cooperative;
(b) The address of its principal office;
(c) The date of the filing of its articles of incorporation with the Department of State; and
(d) The amendment to its articles of incorporation.

The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with. Such articles of amendment and affidavit shall be submitted to the Department of State for filing as provided in this chapter.

(3) A cooperative may, without amending its articles of incorporation, upon authorization of its board of trustees, change the location of its principal office by filing a certificate of change of principal office executed and acknowledged by its president or vice president under its seal attested by its secretary, with the Department of State and also in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within 30 days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file therein.
History.s. 12, ch. 19138, 1939; CGL 1940 Supp. 6494(55); ss. 10, 35, ch. 69-106.

F.S. 425.13 on Google Scholar

F.S. 425.13 on Casetext

Amendments to 425.13


Arrestable Offenses / Crimes under Fla. Stat. 425.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 425.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCALIA, v. COUNTY OF KERN,, 308 F. Supp. 3d 1064 (E.D. Cal. 2018)

. . . Code § 425.13(a). . . . Nevertheless, the Court finds that Section 425.13 is inapplicable here. . . . Section 425.13 does not supplant those." Id. at 1353 (citing Cent. Pathology Serv. Med. . . . Cal. 1997) ("[S]ection 425.13 is a procedural rule for managing and directing pleadings: it does not . . . Code § 425.13. . . .

ESTATE OF PRASAD, PRASAD T. P. a A. P. a v. COUNTY OF SUTTER J. I D. O., 958 F. Supp. 2d 1101 (E.D. Cal. 2013)

. . . Civil Proc.Code § 425.13. (Sutter Defs.’ Mot. 18:26-27.) . . . Pro.Code § 425.13(a). . . . Federal district courts have divided on whether § 425.13 applies in federal court. . . . , making § 425.13 inapplicable in federal court. . . . Code § 425.13, making § 425.13 inapplicable in federal court. . . .

GEORGE, v. SONOMA COUNTY SHERIFF S DEPT., 732 F. Supp. 2d 922 (N.D. Cal. 2010)

. . . P. § 425.13(a). Plaintiffs argue that section 425.13 does not apply in federal court. . . . In Jackson, the district court addressed the application of section 425.13 to the plaintiffs state law . . . The Jackson court determined that section 425.13 was procedural, and “essentially a method of managing . . . Further, the court found that section 425.13 was not so “intimately bound up” with state substantive . . . Thus, the Jackson court determined that section 425.13 did not apply to the state law claims asserted . . .

STEEL IV, v. CITY OF SAN DIEGO,, 726 F. Supp. 2d 1172 (S.D. Cal. 2010)

. . . East Bay Hospital, 980 F.Supp. 1341, 1352 (N.D.Cal.1997) (holding California Civil Code § 425.13, which . . .

C. JONES, v. KRAUTHEIM, M. D., 208 F. Supp. 2d 1173 (D. Colo. 2002)

. . . . § 425.13 requires a showing of substantial probability of prevailing on the claim. . . . .

BURROWS, v. REDBUD COMMUNITY HOSPITAL DISTRICT,, 188 F.R.D. 356 (N.D. Cal. 1997)

. . . Section 425.13 provides that in an action for damages “arising out of the professional negligence of . . . Furthermore, the Jackson court noted that California courts themselves have held section 425.13 to be . . . The Court concludes that section 425.13 does not apply to a claim for exemplary damages under EMTALA. . . . As discussed above, section 425.13 is a procedural rule for managing and directing pleadings: it does . . . As such, EMTALA does not incorporate section 425.13. . . .

JACKSON, v. EAST BAY HOSPITAL,, 980 F. Supp. 1341 (N.D. Cal. 1997)

. . . Proc. § 425.13(a). . . . Defendant Ollada claims that section 425.13 should be applied pursuant to Wray v. . . . Section 425.13 does not supplant those. . . . Proc. § 425.13. . . . . See discussion, infra., Part III.A, on procedural nature of section 425.13. . . . .

NCNB NATIONAL BANK OF FLORIDA f k a E. v. L. SHANABERGER, E., 616 So. 2d 96 (Fla. Dist. Ct. App. 1993)

. . . After the trial court’s ruling, Richard Shanaberger served an additional demand on NCNB for $64,-425.13 . . .

v., 58 T.C. 224 (T.C. 1972)

. . . schedule filed_$24, 547.16 Used thru 1964_ 6,122. 08 Unused_ 18,425.13 To 1965 to 1040_ 1, 000. 00 17, 425.13 . . . Expired_ 17, 425.13 Balance carried forward- 0 The petitioner had a loss carryforward to the year 1965 . . .

H. v., 21 T.C. 481 (T.C. 1954)

. . . record, petitioner, on brief, has arrived at a gross income figure for his mother from Section IS of $425.13 . . .