OSHATZ

v.

UNITED STATES

Citator

Cited By (12 total)

• Terry v. State, 668 So. 2d 954 (Fla. 1996)
  …late court: “The Florida sentencing scheme is not founded on ‘mere tabulation’ of the aggravating and mitigating factors, but relies instead on the weight of the underlying facts.” Francis v. Dugger, 908 F. 2d 696, 705 (11th Cir.1990), cert. denied, 500 U.S. 910, 111 S.Ct. 1696, 114 L.Ed.2d 90 (1991). The first aggravator (a capital felony committed during the course of an armed robbery/peeuniary gain) is based on the armed robbery being committed by appellant when the killing occurred. The second aggravat…
• O'Brien v. Fed. Tr. Bank, 727 So. 2d 296 (Fla. 5th DCA 1999)
  …intiff discovers or reasonably should have discovered the existence and source of injury, and that the injury is part of a pattern, see Bivens Gardens Office Bldg., Inc. v. Barnett Bank of Florida, Inc., 906 F. 2d 1546 (11th Cir.1990), cert. denied, 500 U.S. 910, 111 S.Ct. 1695, 114 L.Ed.2d 89 (1991). Even if barred as an independent action by the statute of limitations, a claim may be asserted defensively as a counterclaim for recoupment or setoff. Allie v. Ionata, 503 So. 2d 1237 (Fla.1987); Willoughby v.…
• Brooks v. Blue Cross & Blue Shield OF Fla., Inc., 116 F.3d 1364 (11th Cir. 1997)
  …also applicable to the Plaintiffs’ RICO claims. Agency Holding Corp. v. Malley-Duff & Assoc., 483 U.S. 143, 107 S.Ct. 2759, 97 L.Ed.2d 121 (1987). In Bivens Gardens Office Bldg., Inc. v. Barnett Bank, 906 F. 2d 1546 (11th Cir.1990), cert. denied, 500 U.S. 910, 111 S.Ct. 1695, 114 L.Ed.2d 89 (1991), the Eleventh Circuit Court of Appeals established that a RICO claim accrues “as soon as the plaintiff discovers, or reasonably should have discovered, both the existence and source of his injury and that the i…