The 2023 Florida Statutes (including Special Session C)
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. . . . § 766.31(3). . . .
. . . . § 766.31(1). . . . Stat. § 766.31(3). . . . Stat. § 766.31(5). . . . Stat. § 766.31(1) & (8). . . . Stat. § 766.31(10). . . .
. . . Analysis This case involves the interpretation of the NICA-related attorneys’ fee statute, § 766.31, . . . The petition was then resolved by an ALJ in an administrative proceeding pursuant to § 766.31. . . . filing of a claim under ss. 766.301-766.316 other than those expenses awarded under this section. § 766.31 . . . Section 766.31 does not address prevailing parties, but rather links liability for expenses with a final . . . Our opinion does not reach the issue of recoveries typically allowed under § 766.31, but is limited to . . .
. . . raise the issue of the interpretation and constitutionality [on equal protection grounds] of section 766.31 . . .
. . . . § 766.31(6). . . . Stat. §§ 766.31(8) and (9) would still treat the real estate as individual property. . . .
. . . . § 766.31(10). . . . Wisconsin’s Marital Property Act makes clear that a “homestead may be reclassified under s. 766.31(10 . . . And the parties’ quitclaim deed satisfies § 766.31(10)’s reclassification requirements. See Wis. . . . . §§ 766.31(10) (“Spouses may reclassify their property by ... conveyance, as defined in s. 706.01(4) . . .
. . . . § 766.31, Mrs. . . .
. . . . § 766.31. Each spouse has an undivided one-half interest in marital property. Wis. . . . . § 766.31(3). . . . inheritance from a third person, which would be individual property rather than marital property, id. § 766.31 . . .
. . . See § 766.31, Fla. Stat. (1998). . . . 766.3l(l)(b), and reasonable expenses incurred in filing the NICA claim, including attorney's fees, § 766.31 . . .
. . . (2), 766.15(1), 766.55; the presumption that all property of married couples is marital property, § 766.31 . . .
. . . The Fifth District upheld the constitutionality of section 766.31(l)(b)l, Florida Statutes (2010), which . . . (l)(a) and reasonable attorney’s fees and other expenses pursuant to section 766.31(l)(c). . . . the parties a hearing to offer any proof they perceived pertinent to the interpretation of section 766.31 . . . Statutes, the ALJ must make all NICA Awards, which includes the parental award pursuant to section 766.31 . . . The Samples appealed the ALJ’s final order, claiming that section 766.31(l)(b)l (the “parental award . . . The certified question of great public importance in this case is whether “the limitation in section 766.31 . . . I concur with the majority’s holding . that section 766.31(l)(b)l., Florida Statutes (2010) (the “parental . . . Section 766.31(1), Florida Statutes (2010), provides in pertinent part: Upon determining that an infant . . . Significantly, subsections 766.31 (l)(a) and (c) contemplate specific expenses related to caring for . . . an injured child and pursuing a claim under the Plan, while subsection 766.31(l)(b)l. . . .
. . . . § 766.31(2), (3); see also In re Czerneski, 330 B.R. at 242. . . . Stat. § 766.31(7)(a). . . .
. . . . § 766.309, 766.31. The Compensation Act defines both the covered injuries and the professionals. . . . Id. § 766.31. . . .
. . . entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31 . . . Although Ex-pósito filed a form petition requesting payment of expenses as set forth in section 766.31 . . .
. . . . § 766.31 [ (2004) ] (‘a bird in the hand’) versus pursuing a civil suit against [the Hospital] in Circuit . . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. . . . addressing com-pensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .
. . . . § 766.31(3). . . .
. . . . § 766.31(3). . . .
. . . (see section 766.314) and limitations were placed on amounts recoverable by claimants (see section 766.31 . . . judge shall make an award providing compensation for the following items relative to such injury ... § 766.31 . . .
. . . (l)(a) and reasonable attorney’s fees and other expenses pursuant to section 766.31(l)(c). . . . Ambiguity On appeal, the Samples first argue that section 766.31(l)(b)l. is ambiguous. . . . .; § 766.31(l)(b), Fla. Stat. (1988). . . . Ch. 89-186, § 5, Laws of Fla.; § 766.31(l)(b)l., Fla. Stat. (1989). . . . Mary’s Hospital applies to section 766.31(l)(b)l. . . .
. . . Along with his letter, he submitted a one-month balance sheet for his account reflecting a deficit of $766.31 . . .
. . . is entitled to compensation from the association, or if the claimant accepts an award issued under § 766.31 . . .
. . . The ALJ denied the Parents’ motions for fees and costs pursuant to section 766.31(l)(c). . . . Because of our decision that the Parents’ are entitled to recover their fees and costs under section 766.31 . . .
. . . . § 766.31(3), provides that, even if the homestead is titled in only one of the spouse’s names (in this . . .
. . . . § 766.31. . . .
. . . .; see §§ 766.309, 766.31, Fla. Stat. (2004). . . .
. . . contention, Bongiovanni Jr. argues as follows: Pursuant to the Uniform Marital Property Act W.S.A. 766.31 . . .
. . . . §§ 766.309(l)(c), 766.31(1), Fla. Stat. (1997). . . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .
. . . .; see §§ 766.309, 766.31, Fla. Stat. (2005). . . .
. . . . § 766.31(2). . . . Stat. § 766.31(3). . . . Stat. § 766.31(2). . . . Stat. § 766.31(7)(a). . . . Stat. § 766.31(4). . . .
. . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311 prior to issuance of an award pursuant to s, 766.31 . . .
. . . For married debtors, § 766.31(2) of the Wisconsin Statutes creates a presumption that all property is . . . Stats. § 766.31(7)(a) (2004). Wis. . . .
. . . entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31 . . .
. . . period in a hospital,” and (c) “[h]ow much compensation, if any, is awardable,” pursuant to section 766.31 . . .
. . . period in a hospital”; and (3) “[hjow much compensation, if any, is awardable pursuant to s[ection] 766.31 . . .
. . . cited to the statutory scheme that provided benefits for birth-related neurological injuries, section 766.31 . . .
. . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. (2) If the administrative law . . .
. . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. § 766.309(l)(a)-(c). . . . Section 766.31 specifically states that if the ALJ determines that the injury is a birth-related neurological . . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .
. . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311 prior to issuance of an award pursuant to s. 766.31 . . .
. . . .” § 766.31(1). . . . (c)How much compensation, if any, is awardable pursuant to s. 766.31. (2) If the administrative law judge . . .
. . . Sections 766.302(2), 766.309(2), and 766.31(1), Florida Statutes. . . .
. . . it also did so in our statutes providing benefits for birth-related neurological injuries, section 766.31 . . .
. . . arising from a compen-sable injury, which comprise the element of compensation provided for in section 766.31 . . . with bringing the claim, which comprise a separate element of compensation provided for in section 766.31 . . . “actual expenses” and “reasonable expenses” it is clear that an award of compensation under section 766.31 . . . We do not reach the question of whether an award under section 766.31(l)(c) is an ancillary or collateral . . .
. . . Section 766.31(l)(a), Florida Statutes (Supp.1988), recognizes that a NICA infant may receive compensation . . .
. . . See also § 766.31, Fla. Stat. (1999). . . .
. . . . § 766.31(3). Community property is a unitary concept of ownership and debt satisfaction. . . .
. . . . § 766.31(1), (2). . . .
. . . . § 766.31. . . .
. . . Section 766.31(l)(a), Florida Statutes (Supp.1988), recognizes that a NICA infant may receive compensation . . .
. . . provided that Justin and his parents were entitled to receive an award of compensation pursuant to section 766.31 . . . expenses previously incurred, as well as payments for future expenses as incurred, consistent with section 766.31 . . .
. . . Sections 766.302(2), 766.309(2), and 766.31(1), Florida Statutes. . . . accordance with the provisions of Chapter 120, Florida Statutes (1995). §§ 766.304, 766.307, 766.309, 766.31 . . .
. . . . § 766.31. . . .
. . . .” § 766.31(l)(a), Fla.Stat. (1993). At the hearing, Dr. . . . The claimant contends that the hearing officer erred in concluding that, pursuant to Section 766.31(l . . .
. . . . § 766.31. . . .
. . . . § 766.31(2) (1989-1990), and '[e]ach spouse has a present undivided one-half interest in each item . . . of marital property.' § 766.31(3).” . . .
. . . The check is “marital property” according to Wisconsin Statutes § 766.31(1). See also Wis. . . . . § 766.31(4). The debtor holds an “undivided one-half interest” in the check. Wis. . . .
. . . . §§ 766.309, 766.31. . . . Id. § 766.31(l)(a), (b). . . . Section 766.31(1), Fla.Stat. (1991) (emphasis added). . . . Consumer Serv’s, 599 So.2d 641, 643-44 (Fla.1992) (footnote omitted). • In the present case section 766.31 . . . JCC’s finding regarding the “fee customarily charged in the locality for similar legal services.” § 766.31 . . .
. . . The Wisconsin Marital Property Act presumes that all property of married persons is marital property, 766.31 . . . See 766.31(6) Wis.Stats. . . . Income on nonmarital property earned after the S.I.P.C.A. was no longer in effect is marital property. 766.31 . . . Section 766.31(4) Wis.Stats. provides, with a few inapposite exceptions, that income earned or accrued . . . (c) 12:01 a.m. on January 1, 1986. . 766.31 Classification of property of spouses. (6) Property owned . . .
. . . . §766.31(2) (1989-1990), and “[e]ach spouse has a present undivided one-half interest in each item of . . . marital property.” §766.31(3). . . .
. . . . § 766.31(2) (1989-1990), and “[ejach spouse has a present undivided one-half interest in each item . . . Id., § 766.31(3). . . .
. . . The Wisconsin Marital Property Act presumes that all property of married persons is marital property, 766.31 . . .
. . . . §§ 766.31, 767.255; Krueger v. . . .
. . . . §§ 766.31, 767.255; Krueger v. . . .
. . . . § 766.31(4) (1987), except as otherwise provided, “income earned or accrued by a spouse or attributable . . . Central Trust cites Wis.Stat. § 766.31(3) (1987), which states that “Each spouse has a present undivided . . .
. . . . § 766.31(2) (1987-88). . . . WIS.STAT. § 766.31(8) (1987-88). . . . WIS.STAT. § 766.31(8) (1987-88). . . .
. . . . § 766.31(4) as defined in WIS.STAT. § 766.01(10); Elna and Debra as wives have a present undivided . . . See WIS.STAT. § 766.31(3); and since CCC has conceded it is making no claim against Elna nor Debra, their . . .
. . . . § 766.31(2) and (3). Mary Ann, however, cannot rely on this statute to support her contentions. . . . At a pre-trial hearing the district court held that, unlike the new Section 766.31 that grants a present . . . Wis.Stats. § 766.31(6), (8) and (9). . . .
. . . . § 766.31. . . .
. . . In compliance, the Government certified land at $365,630.31 and cost of survey at $1,-766.31. . . .