SAM NICHOLSON, APPELLANT,
v.
HOOTERS OF AUGUSTA, INC. AND BAMBI K. CLARK D/B/A VALUE-FAX OF AUGUSTA, APPELLEES

11th Cir. | 1998-04-29
No. 96-9149
Before DUBINA, Circuit Judge, and HILL and JOHN R. GIBSON , Senior Circuit Judges.
140 F.3d 898 Court of Appeals for the Eleventh Circuit (1998) Positive Treatment
Cited by 25 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: The Petition for Rehearing by the panel is granted.

The opinion issued on March 10, 1998 and reported at 136 F. 3d 1287, is modified in the following respects. The first paragraph, the last sentence, is modified to read: Because we conclude that Congress granted state courts exclusive jurisdiction over private actions under the Act, we vacate the judgment of the district court, and remand this case to it with directions to remand the case to the Superior Court of Richmond County, Georgia. The final sentence of the opinion is modified to read: Accordingly, we VACATE the judgment of the district court and REMAND this case to the district court with directions to remand the case to the Superior Court of Richmond County, Georgia. In all other respects, our opinion reported at 136 F. 3d 1287 shall remain in full force and effect.

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  • Centennial Mortg., Inc. v. SG/SC, Ltd., 772 So. 2d 564 (Fla. 1st DCA 2000)
    …ss may be proved by oral testimony. 3 Arthur Linton Corbin, Corbin on Contracts § 579, at 412-13 (1960). “[T]he existence of ambiguity in a contract is a question of law.” Bivens [*566] Gardens Office Bldg., Inc. v. Barnett Banks of Florida, Inc., 140 F. 3d 898, 905 (11th Cir.1998) (applying Florida law). Accordingly, exercising our power of de novo review, we hold that the trial court erred when it concluded that the contract was not ambiguous regarding responsibility for renovation-cost overruns. Howev…
  • Palmas Y Bambu, S.A. v. E.I. Dupont de Nemours & Co., Inc., 881 So. 2d 565 (Fla. 3d DCA 2004)
    …F. 3d 1290, 1318 (11th Cir.l998)(contractor suffered no direct injuries as a consequence of misrepresentations made to a franchising authority which approved franchise applications); Bivens Gardens Office Bldg., Inc., v. Barnett Banks of Fla., Inc., 140 F. 3d 898, 906, 908 (11th Cir.l998)(“a party whose injuries result ‘merely from the misfortunes visited upon a third person by the defendant’s acts’ lacks standing to pursue a claim under RICO.... [T]he test for RICO standing is whether the alleged injury was…
  • Maiz v. Virani, 253 F.3d 641 (11th Cir. 2001)
    …ngly, they say, Plaintiffs lack standing to recover for that harm on their own, but must instead seek those damages, if at all, in the name of the corporations. We disagree. In Bivens Gardens Office Building, Inc. v. Barnett Banks of Florida, Inc., 140 F. 3d 898 (11th Cir.1998), we ruled that “a party whose injuries result ‘merely from the misfortunes visited upon a third person by the defendant’s acts’ lacks standing to pursue a claim under RICO.” Id. at 906. As we explained, “RICO standing will not aris…
    1 / 2

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