Aggrieved Party

204 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Zeno Ponder
  238 F.2d 825· 4th Cir.· 1956-11-29 ·cited 20×
  The court held that the order suppressing election records was a final, appealable decision and that the trial court erred in suppressing the evidence because no illegal search occurred and the defendants were not aggrieved parties.
• Sunray Mid-Continent OIL Co. (formerly Sunray Oil Corporation) v. Fed. Power Comm'n
  239 F.2d 97· 10th Cir.· 1956-10-29 ·cited 20×
  The court held that the Federal Power Commission has the discretion to grant certificates of public convenience and necessity without time limitations, even if the applicant requests a limited duration, as long as it is consistent with public convenience and necessity.
• Crooker v. Sec. & Exch. Comm'n
  161 F.2d 944· 1st Cir.· 1947-05-23 ·cited 20×
  The court held that the SEC's order consenting to the filing of amendments and accelerating the effectiveness of a registration statement is not a reviewable order under § 9(a) of the Securities Act of 1933, and the petitioner lacked standing.
• Simmons v. Fed. Commc'ns Comm'n (wgar Broad. Co.
  145 F.2d 578· D.C. Cir.· 1944-11-13 ·cited 20×
  The court held that the FCC's denial of appellant's application was supported by substantial evidence and that appellant lacked standing to appeal the grant of intervenor's application.
• Blackstone Valley Nat'l Bank v. Bd. OF Governors OF the Fed. Reserve Sys.
  537 F.2d 1146· 1st Cir.· 1976-06-25 ·cited 19×
  A party aggrieved by a Board decision under the Bank Holding Company Act must have participated in the administrative proceedings to invoke the 91-day rule.
• The Dietrich Corp. v. King Res. Co.
  596 F.2d 422· 10th Cir.· 1979-04-06 ·cited 18×
  A non-party consultant, who is a lawyer admitted in another state, can appeal a court's order limiting his fee, and the court erred in treating him as a non-lawyer for ethical purposes.
• United States v. State OF Wash.
  573 F.2d 1117· 9th Cir.· 1978-04-24 ·cited 18×
  The court dismissed both the tribes' voluntary appeal and the State's cross-appeal.
• Iowa Independent Bankers v. Bd. OF Governors OF the Fed. Reserve Sys.
  511 F.2d 1288· D.C. Cir.· 1975-02-07 ·cited 18×
  The court held that the Iowa statute authorizing certain out-of-state bank holding companies to acquire Iowa banks does not violate the U.S. Constitution or federal law, and that the petitioner has standing to raise these issues.
• Chatham Mfg. Co. v. Nat'l Labor Relations Bd.
  404 F.2d 1116· 4th Cir.· 1968-11-27 ·cited 18×
  The court held that when multiple petitions for review of an NLRB decision are filed in different circuits, the court where the second petition is filed must transfer the proceedings to the circuit where the first petition was filed, as dictated by 28 U.S.C.A. § 2112(a).
• Fla. E. Coast Ry. Co. v. United States
  348 F.2d 682· 5th Cir.· 1965-07-21 ·cited 18×
  The court held that the trial court correctly applied the prior mandate regarding deviations from collective bargaining agreements during a strike and that the United States had standing to bring the action.
• Central South Carolina Chapter v. United States Dist. Court FOR the Dist. OF S.C.
  551 F.2d 559· 4th Cir.· 1977-01-13 ·cited 17×
  The court held that the Society, as a non-party, lacked standing to appeal the interlocutory order. The judge concurred that the facts were undeveloped but dissented on the dismissal, arguing for appellate jurisdiction and remand.
• Maxwell Dauer and Reva B. Dauer v. Freed
  444 So. 2d 1012· Fla. 3d DCA· 1984-01-17 ·cited 16×
  This case addresses jurisdictional issues in a complex business dispute involving multiple defendants. The court dismissed appeals from interlocutory orders denying post-trial motions and clarified that only parties to the portion of the lawsuit terminated by a final judgment may
• Kfab Broad. Co. v. Fed. Commc'ns Comm'n (may Broad. Co. Intervenor)
  177 F.2d 40· D.C. Cir.· 1949-06-13 ·cited 16×
  The filing of a subsequent, mutually exclusive application after a permit grant does not require the FCC to reopen the proceeding for a comparative hearing. A party not aggrieved by an order when entered does not become aggrieved by subsequent events.
• Memphis Tr. Co. v. Bd. OF Governors OF the Fed. Reserve Sys.
  584 F.2d 921· 6th Cir.· 1978-09-22 ·cited 14×
  The court held that the district court lacked subject matter jurisdiction because the Bank Holding Company Act provides exclusive jurisdiction in the courts of appeals for challenges to Board orders.
• Burleson v. Coastal Rec., Inc.
  572 F.2d 509· 5th Cir.· 1978-05-05 ·cited 14×
  A federal court's jurisdiction is a fundamental issue that can be raised by any party or the court itself, even if it means reversing a favorable judgment for a plaintiff who failed to establish jurisdiction.
• Int'l Union v. Nat'l Labor Relations Bd.
  468 F.2d 1139· D.C. Cir.· 1972-10-02 ·cited 14×
  The court dismissed all appeals for lack of jurisdiction and mootness, finding no justiciable case or controversy.
• Sw. Publ'g Co. v. Fed. Commc'ns Comm'n
  243 F.2d 829· D.C. Cir.· 1957-04-04 ·cited 14×
  The court held that Southwestern Publishing, the parent company, lacked standing to appeal because its injury was derivative, and its subsidiary, Southwestern Radio, also lacked standing for failing to properly intervene or petition for rehearing before the Commission.
• Smith v. WM. Wrigley JR. Co.
  663 F. Supp. 2d 1336· S.D. Fla.· 2009-10-01 ·cited 13×
  The court held that the plaintiff sufficiently alleged actual damages for a claim under Florida's Deceptive and Unfair Trade Practices Act and stated a valid claim for breach of express warranty, denying the motion to dismiss.
• Robinson v. Pinderhughes
  810 F.2d 1270· 4th Cir.· 1987-01-30 ·cited 13×
  The court held that a § 1983 claim is permissible to enforce a favorable EHA administrative decision when the EHA itself lacks a mechanism for enforcing such decisions. The court affirmed dismissal of the EHA and state law claims because the plaintiffs were not aggrieved parties
• Godheim v. City OF Tampa
  426 So. 2d 1084· Fla. 2d DCA· 1983-01-28 ·cited 13×
  A Tampa taxpayer challenged the city's contract award to Waste Management for a solid waste facility, alleging violations of competitive bidding requirements, state consulting acts, and the Sunshine Law. The court affirmed dismissal, holding that the taxpayer lacked standing to s
• Okla. Natural GAS Co. v. Fed. Power Comm'n
  257 F.2d 634· D.C. Cir.· 1958-05-22 ·cited 13×
  The Commission must determine the justness and reasonableness of gas purchase prices in a certification proceeding under Section 7(e) of the Natural Gas Act, as it is a vital element of public convenience and necessity.
• Eloshway v. State
  553 So. 2d 1258· Fla. 4th DCA· 1989-11-22 ·cited 12×
  Cecilia Eloshway appealed her plea conviction for DUI manslaughter and property damage, challenging probation conditions including restitution orders. The appellate court affirmed the conviction and most conditions but reversed the restitution provisions, finding the trial court
• Ala. Power Co. v. Interstate Commerce Comm'n & United States
  852 F.2d 1361· D.C. Cir.· 1988-08-02 ·cited 12×
  The court held that Conrail's motion to intervene should be treated as such and granted, extending the time for filing due to good cause shown. The court would affirm the Commission's action.
• Watson v. City OF Newark
  746 F.2d 1008· 3d Cir.· 1984-10-31 ·cited 12×
  The appeal is dismissed for lack of standing because the appellants received all the relief they sought and were not aggrieved by the district court's order.
• United States v. Fed. Mar. Comm'n
  694 F.2d 793· D.C. Cir.· 1982-11-16 ·cited 12×
  The court held that the Federal Maritime Commission (FMC) must conduct a more thorough inquiry into the anticompetitive effects of intermodal rate agreements before approving them under Section 15 of the Shipping Act.
• Nw. Pub. Serv. Co. v. Fed. Power Comm'n
  520 F.2d 454· D.C. Cir.· 1975-10-02 ·cited 12×
  The court held that Northwestern was not aggrieved by the FPC's orders and therefore lacked standing to petition for review because the orders did not cause direct economic injury or restrict market growth.
• United States v. Am. Soc'y OF Composers
  442 F.2d 601· 2d Cir.· 1971-05-07 ·cited 12×
  The court held that the district court correctly enjoined the state court action as necessary in aid of its jurisdiction and to protect its judgments, but reversed the district court's approval of ASCAP's distribution method for a retroactive fund, remanding for development of a
• Weber v. The Zoning Bd. OF Appeals OF the City OF W. Palm Beach
  206 So. 2d 258· Fla. 4th DCA· 1968-01-25 ·cited 12×
  Helen S. Weber challenged a zoning variance granted by the West Palm Beach Zoning Board of Appeals by filing a certiorari petition in circuit court. The circuit court dismissed the petition, holding it lacked jurisdiction because the City of West Palm Beach was not named as a res
• Mayer v. Nat'l Missile & Elecs., Inc.
  326 F.2d 401· 9th Cir.· 1964-01-10 ·cited 12×
  The debtors are not aggrieved parties and therefore lack standing to appeal the order.
• State OF Wis. & Pub. Serv. Comm'n of Wis. v. Fed. Power Comm'n
  292 F.2d 753· D.C. Cir.· 1961-05-18 ·cited 12×
  The court held that it lacked jurisdiction to review the Federal Power Commission's Statement of General Policy because the petitioners were not parties to a proceeding and the statement was not an appealable order under the Natural Gas Act.
• Tex. GAS Corp. v. Fed. Power Comm'n
  250 F.2d 27· D.C. Cir.· 1957-11-07 ·cited 12×
  The court held that it lacked jurisdiction to review the Federal Power Commission's order suspending a rate increase because the order was not final and the petitioner was not yet aggrieved.
• LEE v. United States
  238 F.2d 341· 9th Cir.· 1956-10-24 ·cited 12×
  The court held that the appeal from the order regarding costs was invalid because the order had no effect and was not reviewable on the timely appeal from the judgment. The court also found no merit in the other specifications of error.
• Price v. Price
  382 So. 2d 433· Fla. 1st DCA· 1980-04-16 ·cited 11×
  Adult children appealed a contempt order for nonpayment of attorney's fees awarded against them in a declaratory judgment action involving their deceased father's divorce decree. The court reversed, holding that attorney's fees awarded to the stepmother (who was not a party to th
• Renard v. Dade Cnty.
  249 So. 2d 500· Fla. 3d DCA· 1971-06-22 ·cited 11×
  Grace Renard, a property owner adjacent to rezoned land in Dade County, challenged the Board of County Commissioners' rezoning decision from industrial to multiple-family residential use. The court held that Renard had standing to contest the rezoning as an abutting property owne
• Clark & Reid Co., Inc. v. United States & Interstate Commerce Comm'n
  804 F.2d 3· 1st Cir.· 1986-10-30 ·cited 10×
  The court held that Clark & Reid, a member of HGCB, lacked standing to appeal the ICC's decision because it did not directly and actively participate in the agency proceedings. The court also found venue improper for HGCB in its circuit.
• Morrison v. Bohne
  274 So. 2d 896· Fla. 2d DCA· 1973-02-28 ·cited 10×
  In this personal injury appeal, the court dismissed Joseph Morrison's appeal because he obtained a favorable judgment and failed to file a motion for new trial challenging its adequacy, making him not an aggrieved party. The court affirmed the trial court's grant of a new trial a
• United States v. In re Reynolds
  449 F.2d 1347· 9th Cir.· 1971-10-21 ·cited 10×
  A grand jury witness does not have standing to raise claims that evidence used against them was obtained through illegal surveillance, even under 18 U.S.C. § 3504.
• Edell v. DI Piazza
  345 F.2d 336· 5th Cir.· 1965-05-14 ·cited 10×
  The bankrupt individual lacks standing to appeal the denial of turnover orders sought by the trustee.
• Manda v. Sinclair
  278 F.2d 629· 5th Cir.· 1960-05-23 ·cited 10×
  The court held that the Bankrupt, not the Bank, was the sole appellant and, as an aggrieved party, could not appeal the chattel mortgage order. The court also held that the Bankrupt was entitled to an 8-acre homestead exemption, not limited by municipal incorporation, due to his
• Mount Vernon Sav. Bank v. Wardman
  173 F.2d 648· D.C. Cir.· 1949-03-07 ·cited 10×
  The appeal is dismissed because the appellant, having assigned its judgment interest, is not an aggrieved party with standing to appeal, and alternatively, the claim is barred by laches.
• Ahearn v. Mayo Clinic
  180 So. 3d 165· Fla. 1st DCA· 2015-11-06 ·cited 9×
  Shawn Ahearn, a patient billed by Mayo Clinic for emergency treatment, sued individually and as a putative class representative for breach of contract, breach of the implied covenant of good faith and fair dealing, violations of the Florida Deceptive and Unfair Trade Practices Ac
• Rosen v. Rucker
  905 F.2d 702· 3d Cir.· 1990-06-18 ·cited 9×
  The court held that defendants' failure to make a written settlement offer under Pennsylvania Rule of Civil Procedure 238 makes them liable for delay damages, regardless of plaintiffs' settlement demands or alleged trial delays.
• Gluesenkamp v. State
  636 So. 2d 1367· Fla. 1st DCA· 1994-05-09 ·cited 8×
  Appellant Gluesenkamp appeals a restitution order imposed as a condition of probation following his no-contest plea to driving under the influence causing serious bodily injury. The court reverses the portion of the restitution award directed to the victim's parents, holding that
• Bath Iron Works Corp. & Commercial Union Ins. Cos. v. Jeannine D. Coulombe and Director
  888 F.2d 179· 1st Cir.· 1989-10-25 ·cited 8×
  The court held that the employer (petitioner) lacks standing to appeal the Benefits Review Board's decision because the Board ruled in its favor on the award, and the discussion of the employee's eligibility was dicta.
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi
• The Bd. OF Educ. OF the Cnty. OF Cabell v. Dienelt
  843 F.2d 813· 4th Cir.· 1988-04-07 ·cited 8×
  The court held that the Board's procedural defects were sufficient to find a failure to provide a Free Appropriate Public Education (FAPE), and the parents' delay in appealing did not bar recovery.
• Hoover v. State
  511 So. 2d 629· Fla. 1st DCA· 1987-07-21 ·cited 8×
  The court reversed a thirty-year sentence imposed after the defendant pleaded nolo contendere to sexual battery of a child over age eleven, holding that the trial court committed fundamental error by accepting a plea to an offense that the undisputed evidence proved the defendant
• Am. Civil Liberties Union v. Fed. Commc'ns Comm'n & United States
  774 F.2d 24· 1st Cir.· 1985-10-07 ·cited 8×
  The court held that affiliates who did not participate in FCC proceedings lack standing to petition for review, and venue was improper in this circuit for a membership corporation whose principal office is not located here.
• Stripe-A-Zone v. Occupational Safety & Health Review Comm'rs & the Sec'y of Labor
  643 F.2d 230· 5th Cir.· 1981-04-08 ·cited 8×
  A remand order from the Occupational Safety and Health Review Commission (OSHRC) is not a final order and therefore not immediately appealable under Section 11(a) of the Occupational Safety and Health Act.
• SUN OIL Co. v. Fed. Power Comm'n
  304 F.2d 290· 5th Cir.· 1962-04-25 ·cited 8×
  The court held that the petition for review was premature because the Commission's letter order was interlocutory and not a final, appealable decision.