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Ngày: Thứ tư, 10-04-2013, 00:20 | Message # 1 |
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In holding that because the legislature did not expressly create a civil remedy, no civil cause of action may be derived from the statute, the majority misapplies the Supreme Court's analysis in Cort. The provision of a penal remedy does not preclude civil remedies. Migliore v. Crown Liquors of Broward, Inc., 448 So.2d 978 (Fla. 1984) (sale of intoxicating beverage to minor contrary to statue precluding such sale, gives rise to civil action in favor of third parties injured by intoxicated minor, notwithstanding that statute is criminal, not civil, in nature); Shaw v. Fletcher, 137 Fla. 519, 188 So. 135 (1939) (although rape is a crime, civil cause of action arises in favor of the victim); Williams v. Dickenson, 28 Fla. 90, 9 So. 847 (1891) (the crime of arson also gives rise to a civil remedy); Carson v. Jackson, 466 So.2d 1188 (Fla. 4th DCA 1985) (although child abuse statute states it applies to activities of HRS, broad language of statute indicates intent to discourage child abuse, whether by criminal prosecution or by civil lawsuit); Rosenberg (removal of mortgaged property from the county contrary to statutory duty to refrain from doing so is both a crime and a tort); see also Roger Rankin Enter., Inc. v. Green, 433 So.2d 1248 (Fla. 3d DCA 1983) (criminal statute precluding utterance of worthless check may contain implied civil right of action). See generally Cort, 422 U.S. at 79, 95 S. Ct. at 2088, 45 L. Ed. 2d at 37 ("provision of a criminal penalty does not necessarily preclude implication of a private cause of action for damages."). The Cort test, 2 depends on whether the legislature intended implicitly or explicitly to create or to deny a civil remedy. Cort, 422 U.S. at 78, 95 S. Ct. at 2088, 45 L. Ed. at 36. Thus, the legislature's omission of a civil remedy may just as easily mean that it did not intend to deny a civil remedy as that the legislature did not intend to create one. Cort directs us to consider all relevant factors when implying a private right of action. 5822kx204 Best Hypothyroidism And Soy Protein <a href="http://semmels.com/">hypothyroidism treatment</a> Herbs Used To Treat Hypothyroidism Cure
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