Amendments to 319.35

1. United Pacific Ins. Co. v. Berryhill

   620 So. 2d 1077 (Fla. Dist. Ct. App. 1993)   Cited 20 times

   We agree with the trial judge that the Berryhills need not be direct purchasers from Touch of Class to recover damages under its bond with United. In order to be allowed to do business in Florida, a motor vehicle dealer must post a surety bond or irrevocable letter of credit, pursuant to section 320.27(10)(b), Florida Statutes (1987). The statute requires that the surety bond must contain the following conditions: that the dealer will comply with any written contract made in connection with the sale or exchange of a motor vehicle, and that the dealer will not violate any of the provisions of chapter 319 and 320 in the conduct of its business. Section 319.35 makes it unlawful to knowingly tamper with or set back the odometer of a vehicle.

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2. Newpart Ltd. Parnership v. Donofrio

   2010 Ohio 2199 (Ohio Ct. App. 2010)

   • Motion for summary judgment

   {¶ 10} R.C. 319, et seq., establishes the position of county auditor and outlines the responsibilities of that position, which include maintaining tax records and levying taxes on real property. R.C. 319.36 addresses situations in which the county auditor has determined that a tax "has been erroneously charged as a result of a clerical error[.]" R.C. 319.35 defines a "clerical error" for the purposes of R.C. 319.36 as:

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3. Sheldon Rd. Assocs., L.L.C. v. Cuyahoga Cnty. Bd. of Revision

   2012 Ohio 581 (Ohio 2012)   Cited 6 times

   • Motion to dismiss

   {¶ 30} On remand, the consideration of value for tax year 2007 will require a determination whether the June 2008 correction was legally proper. The June 2008 notice asserts the correction of a “clerical error,” which is defined by R.C. 319.35 as an error that “can be corrected by the county auditor from the inspection or examination of documents in the county auditor's office or from the inspection or examination of documents that have been presented to the county auditor and have been recorded by the county recorder.” Errors that are not “clerical” are, pursuant to R.C. 319.35, “fundamental” and are “subject to [Ohio St.3d 209] correction only by the county board of revision as provided by law.”

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4. United States v. Shryock

   537 F.2d 207 (5th Cir. 1976)   Cited 19 times

   At the time of the alterations Florida law required that the owner or transferor and the purchaser of an automobile execute a certificate (DMV Form 88) stating the mileage at the time of transfer and that this certificate be attached to the application for change of title. Fla.Stat. § 319.35(3) (4) (1970 Supp.). Shryock stipulated that he would fill in and sign the DMV Form 88 and that it was attached to the title application. (Stipulation 9(h)). It was also stipulated that no title would be issued unless the DMV Form 88 accompanied the application for transfer of title. (Stipulation 16). The Record also indicates that the DMV Form 88's contained the altered mileage and were signed by the purchaser and another employee of Boe Wood in addition to Shryock. The applications and DMV Form 88's were delivered to the Tampa Division of Motor Vehicles and then sent by mail to the Motor Vehicles Division of the Department of Highway Safety and Motor Vehicles in Tallahassee. The Florida Bureau of Title and Lien Services in Tallahassee mailed the new titles to the purchasers or lienholders.

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5. Zupancic v. Carter Lumber Co.

   No. 01AP-1248 (REGULAR CALENDAR) (Ohio Ct. App. Jun. 25, 2002)

   • Motion for summary judgment
   1 more...

   From time to time, the county auditor shall correct all clerical errors the auditor discovers in the tax lists and duplicates, including errors in the name of the taxpayer and in the valuation or assessment of property. R.C. 319.35. The term "clerical error" is an error that can be corrected by the county auditor from the inspection of certain documents and except as otherwise provided by law, any error in the listing, valuation, assessment, or taxation of real property other than a clerical error constitutes a fundamental error and is subject only to correction by the county board of revision. Id. R.C. 319.36 provides the procedure for when a clerical error, as defined in R.C. 319.35, r esults in a tax or assessment erroneously charged.
6. Hobbs v. BH Cars, Inc.

   Case No. 04-60327-CIV-DIMITROULEAS (S.D. Fla. Jun. 4, 2004)   Cited 1 times

   • Motion to dismiss
   3 more...

   Plaintiffs state in their Memorandum that the requirements for transferring title to a lienholder upon repossession are found in Chapter 319 of the Florida Statutes. Specifically, they mention that Section 319.28[2](b) of the Florida Statutes requires that the secured party submit an affidavit to the State of Florida describing the facts of repossession, and Section 319.35 of the Florida Statutes makes it unlawful to knowingly supply a false written odometer statement and to knowingly furnish "false information on the odometer readings." Violation of either statute is a felony of the third degree. Fla. Stat. §§ 319.28(2)(b), 319.35. However, Plaintiffs have not cured the defects in the Complaint since they do not indicate the relevance of these state laws under their federal claim, i.e. whether Plaintiffs are intending to bring a similar claim under state law or whether Plaintiffs are referring to these statutes merely to bolster their federal claim.

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7. Batten v. State

   895 So. 2d 490 (Fla. Dist. Ct. App. 2005)

   Lebert F. Batten challenges the judgments and concurrent sentences of five years' imprisonment on each count imposed on him after a jury found him guilty of grand theft, a violation of section 812.014(2)(c)(2), Florida Statutes (1999), and odometer fraud, a violation of section 319.35(1)(c), Florida Statutes (1999). The State introduced Williams rule evidence at Batten's trial consisting of twenty-five classified ads he placed in The St. Petersburg Times for the sale of various automobiles. The State relied heavily on this evidence in its closing arguments to the jury as demonstrating Batten's intent to commit the charged offenses. Because Batten's placement of the newspaper ads did not tend to prove that he had the requisite criminal intent, we reverse the judgments and sentences, and we remand this case for a new trial.
8. City of Hollywood v. Mulligan

   934 So. 2d 1238 (Fla. 2006)   Cited 33 times

   • Motion for summary judgment
   1 more...

   Not only does the FCFA policy statement not express an intent to preempt the entire field of seizures and forfeitures for nonfelony offenses, it neither expressly nor impliedly preempts the field of seizures and forfeitures for vehicles. Section 932.704(1) states that "[i]t is also the policy of this state that law enforcement agencies ensure that, in all seizures made under the Florida Contraband Forfeiture Act, their officers adhere to federal and state constitutional limitations." (Emphasis added.) First, this clause implies that there may be seizures of vehicles not made under the FCFA. Indeed, in Florida, there are seizures of vehicles that are authorized under statutory provisions other than the FCFA. See, e.g., §§ 206.205, 322.34, 328.05, 328.07, Fla. Stat. (2005) (concerning seizure and forfeiture of marine vessels for various violations); §§ 329.10, 329.11, Fla. Stat. (2005) (concerning seizure and forfeiture of aircraft for various violations); §§ 206.205, 316.80, 212.16, 316.191, 319.35, 317.0017, 316.1935, 320.30, 322.34, Fla. Stat. (2005) (concerning seizure and forfeiture of automobiles). Second, although nearly all of these statutes require that the…

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9. State v. Nuckolls

   677 So. 2d 12 (Fla. Dist. Ct. App. 1996)   Cited 7 times

   • Motion to dismiss

   § 319.35 (1)(a), Fla.Stat.
10. State v. Nuckolls

    606 So. 2d 1205 (Fla. Dist. Ct. App. 1992)   Cited 6 times

    § 319.35(1)(a), Fla. Stat. (1989).

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