Aggrieved Party

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

• Phiniey Gray v. State
  803 So. 2d 755· Fla. 2d DCA· 2001-10-19 ·cited 2×
  The court held that the State failed to meet its burden of proving the prosecution was commenced within the statute of limitations, as the evidence presented was insufficient to establish the date of discovery of the offenses by the aggrieved party.
• State v. Smith
  697 So. 2d 889· Fla. 4th DCA· 1997-07-02 ·cited 2×
  The State of Florida appealed the dismissal of a fraud charge against Alan Smith for using a cancelled corporate sales tax exemption number. The trial court dismissed based on the statute of limitations, imputing knowledge of the fraud from the Department of Motor Vehicles to the
• State of N.J. v. Heldor Indus., Inc.
  989 F.2d 702· 3d Cir.· 1993-04-02 ·cited 2×
  The court held that an appeal from an order denying a motion to vacate a bankruptcy court's opinion is not appealable if the underlying order did not aggrieve the party seeking to vacate the opinion.
• Spaziano v. Gleason
  618 So. 2d 736· Fla. 2d DCA· 1992-12-09 ·cited 2×
  Sandra Spaziano sought a writ of certiorari to challenge an order requiring her attorney to file a full transcript in connection with a successful motion to disqualify the trial judge. The court denied the petition because Spaziano was not an aggrieved party—she had prevailed on
• Ebba Dampier v. Dep't OF Banking & Fin.
  593 So. 2d 1101· Fla. 1st DCA· 1992-01-31 ·cited 2×
  This appeal involves interpretation of Florida's Mortgage Brokerage Guaranty Fund statute regarding eligibility and payment amounts to victims of mortgage broker fraud. The court affirmed the Department's statutory construction of what constitutes a "claim" under the statute but
• N. Ind. Pub. Serv. Co. v. Fed. Energy Regulatory Comm'n
  954 F.2d 736· D.C. Cir.· 1992-01-21 ·cited 2×
  The court held that NIPSCO's claims challenging FERC's approval of an open-access tariff are not yet ripe for review because the orders represent tentative approval, requiring future specific filings that NIPSCO can challenge.
• Great Am. Audio Corp. v. Metacom, Inc.
  938 F.2d 16· 2d Cir.· 1991-06-28 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion, but dismissed the appeal of the denial of permanent injunctive relief due to lack of a final judgment.
• NEW England Fuel Inst. v. Economic Regulatory Administration
  875 F.2d 882· D.C. Cir.· 1989-05-19 ·cited 2×
  The court held that the Economic Regulatory Administration (ERA) did not err in approving the importation of Canadian natural gas without a trial-type hearing, as the petitioner failed to raise genuinely disputed material facts.
• LAW Offs. OF Seymour M. Chase, P.C. v. Fed. Commc'ns Comm'n & United States
  843 F.2d 517· D.C. Cir.· 1988-03-25 ·cited 2×
• Stall v. Bourne
  774 F.2d 657· 4th Cir.· 1985-10-11 ·cited 2×
  The court held that the plaintiff was not precluded from litigating his First Amendment claims in federal court because he did not receive a full and fair opportunity to litigate those issues in state administrative and judicial proceedings, particularly since he was the prevaili
• McCOMBS v. Fed. Energy Regulatory Comm'n
  705 F.2d 1177· 10th Cir.· 1980-11-07 ·cited 2×
  The court held that the Commission's order recognizing the dissolution of Butler A and B units should be sustained due to failure to obtain abandonment authority, but the payback order for diversions was unjustified prior to the claimant's demand.
• Robinson v. State
  389 So. 2d 1067· Fla. 4th DCA· 1980-10-22 ·cited 2×
  The appellate court reviewed a defendant's convictions for various drug possession charges and possession of narcotic paraphernalia, stemming from a search warrant execution.
• Pennington v. United States Postal Serv.
  627 F.2d 534· D.C. Cir.· 1980-06-26 ·cited 2×
  The court held that Pennington has standing to appeal the Postal Service's decision regarding red-tag service, but remanded the case to allow the Postal Rate Commission to consider the claims in a new, ongoing proceeding using updated cost methods.
• Plante v. Watson
  350 So. 2d 1131· Fla. 2d DCA· 1977-10-21 ·cited 2×
  A party seeking to enforce a permanent injunction through contempt proceedings must have standing, either as an aggrieved party, a successor in interest, or by demonstrating a pecuniary interest in the specific right protected by the injunction.
• Liles Package Store, Inc. v. Walgreen Co.
  239 So. 2d 271· Fla. 3d DCA· 1970-09-22 ·cited 2×
  Liles Package Store sought to appeal a summary judgment entered in favor of Walgreen Co. in a declaratory judgment action involving a liquor package store license transfer denial. The appellate court dismissed the appeal because the intervenor-appellant failed to establish how it
• Juarez GAS Co. v. Fed. Power Comm'n
  375 F.2d 595· D.C. Cir.· 1967-02-16 ·cited 2×
  The court held that the petitioner, a competitor, was erroneously denied the right to intervene in the Federal Power Commission proceedings.
• Murphy v. United States & Fed. Commc'ns Comm'n
  252 F.2d 389· 7th Cir.· 1958-02-17 ·cited 2×
  The court held that the petitioners, as individual subscribers, lacked standing to challenge the FCC's approval of the telephone company acquisition because they failed to demonstrate a direct, immediate, and substantial injury.
• In re Commonwealth & S. Corp.
  186 F.2d 708· 3d Cir.· 1951-01-22 ·cited 2×
  A brokerage firm that purchased conditional rights to future distributions from stockholders lacks standing to intervene and challenge a modified distribution scheme approved by the commission and district court.
• Interstate Elec., Inc. v. Fed. Power Comm'n
  164 F.2d 485· 9th Cir.· 1947-11-24 ·cited 2×
  The court held that petitioners were not parties aggrieved by the order, thus lacking standing to seek review.
• Brooks GAS Corp. v. Fed. Power Comm'n
  D.D.C.· 1967-08-01 ·cited 1×
  The court held that the Commission's grant of temporary authorization to an independent producer for the construction and operation of behind-the-plant pipeline facilities to alleviate an emergency was permissible under Commission Regulation 157.28.
• United States v. Shelley
  218 F.2d 157· 2d Cir.· 1954-12-29 ·cited 1×
  The court held that a defendant who successfully obtains a dismissal of charges against him has no standing to appeal the dismissal order.
• MacuHealth, LP v. Vision Elements, Inc.
  M.D. Fla.· 2024-08-09
  The court held that Plaintiff is entitled to permanent injunctive relief under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and the Lanham Act, despite the jury finding no actual monetary damages.
• Bluegreen Vacations Unlimited, Inc. v. Timeshare Termination Team, LLC
  S.D. Fla.· 2023-06-21
  The court granted in part and denied in part Bluegreen's motion for default judgment against TFG, Systema, and Salkin, finding them liable for false advertising and FDUTPA violations.
• Rivas v. Prof'l Prot. & Investigations Agency, Inc.
  Fla. 3d DCA· 2023-03-22
• Cruz-Ramirez v. Am. Airlines & Sedgwick
  200 So. 3d 267· Fla. 1st DCA· 2016-10-04
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' award of attorney's fees to claimant's prior counsel, Mr. Buechele, finding that he secured no benefits related to the petition for which fees were awarded and thus had no entitlement to fe
• IN & FOR Sussex Cnty. W. Wayne Baker
  Del. Super. Ct.· 2015-10-07
  The Delaware Superior Court held that the Sediment and Stormwater regulations adopted by the Department of Natural Resources and Environmental Control (DNREC) were unlawful because they incorporated specific design criteria and minimum standards through technical documents that w
• HCA Health Servs. OF Va. v. Metro. Life Ins. Co.
  957 F.2d 120· 4th Cir.· 1992-02-24
  The court granted the hospitals' motion to withdraw their appeal because Metropolitan, the cross-appellant, lacked standing to pursue its appeal.
• Harrison Steel Castings Co. v. Nat'l Labor Relations Bd.
  923 F.2d 542· 7th Cir.· 1991-01-24
  The court held that Harrison Steel Castings was not aggrieved by the National Labor Relations Board's supplemental decision because the decision did not result in a remedial order against the company, thus the court lacked jurisdiction to review the petition.
• N.C. E. Mun. Power Agency v. Fed. Energy Regulatory Comm'n
  899 F.2d 1236· D.C. Cir.· 1990-03-30
  The court held that the petition for review was not ripe because the arbitration process had not concluded and potential avenues for resolution remained.
• Mich. Consol. GAS Co. v. Energy Regulatory Admin.
  889 F.2d 1110· D.C. Cir.· 1989-11-17
  The court held that Michigan Consolidated Gas (MichCon) lacks standing to challenge the Energy Regulatory Administration's order authorizing National Steel Corporation to import natural gas from Canada.
• Zenith Elecs. Corp. v. The United States
  875 F.2d 291· Fed. Cir.· 1989-05-11
  The court held that the government's appeal must be dismissed because it was not aggrieved by the lower court's judgment and lacked a stake in the appeal, thus failing the case or controversy requirement of Article III.
• Irving Bank Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  845 F.2d 1035· D.C. Cir.· 1988-04-18
  The court held that substantial evidence supported the Board of Governors' determination that BNY's acquisition of Irving complied with the Bank Holding Company Act, affirming the Board's approval.
• Purvis v. State
  442 So. 2d 1085· Fla. 2d DCA· 1983-12-21
  Lee Roy Purvis appeals a probation condition requiring him to pay $1,500 in restitution to his mother-in-law as a compromise for money allegedly loaned or given to him for furniture. The court strikes the restitution condition as improper because it does not satisfy statutory req
• Halderman v. Pennhurst State Sch. & Hosp.
  673 F.2d 645· 3d Cir.· 1982-02-26
• Upper Keys Citizens Ass'n, Inc. v. Schloesser
  407 So. 2d 1051· Fla. 3d DCA· 1981-12-29
  Upper Keys Citizens Association challenged a zoning board's approval of a residential-to-tourist district rezoning in Key Largo, arguing that the approval violated a Florida statute requiring a four-fifths vote when 20% or more of adjoining property holders oppose the change. The
• F & R Builders, Inc. v. The Honorable N. Joseph Durant, Jr.
  390 So. 2d 784· Fla. 3d DCA· 1980-11-25
  A party must be an "aggrieved party" as defined by the record to have standing to seek certiorari, and a courtesy notice does not confer such standing.
• S. Union GAS Co. v. Fed. Power Comm'n
  536 F.2d 440· D.C. Cir.· 1976-06-18
  The court held that the FPC's orders were insufficiently explained and remanded for further proceedings to clarify the basis for its decisions and ensure fair consideration of all issues.
• Wollard v. Metro. Dade Cnty.
  234 So. 2d 719· Fla. 3d DCA· 1970-04-28
  Wollard filed a zoning reclassification application before selling his property to Schwab Jalousie & Awning Company, Inc., which continued the application after purchase. The circuit court dismissed their joint certiorari petition for lack of standing, but the appellate court rev
• Pa. Glass Sand Corp. v. Nat'l Labor Relations Bd.
  401 F.2d 774· 5th Cir.· 1968-10-21
  The court granted the motion to transfer the cause to the Court of Appeals for the District of Columbia.
• Parr v. Fed. Commc'ns Comm'n
  344 F.2d 539· D.C. Cir.· 1965-02-18
  Appellants lacked standing to contest the FCC's grant of a license assignment because they were not aggrieved by the order at the time it was entered.
• Bird Rd. Baptist Church, Inc. v. Stevens
  155 So. 2d 420· Fla. 3d DCA· 1963-07-30
  Two churches challenged a zoning variance granted to the Stevens without first appealing the Zoning Appeals Board decision to the Board of County Commissioners as required by administrative procedure. The court held that parties seeking to contest administrative decisions must pe
• Tenn. GAS Transmission Co. v. Fed. Power Comm'n
  322 F.2d 1006· D.C. Cir.· 1963-07-18
  The court held that Tennessee Gas Transmission Co. was a "party aggrieved" entitled to judicial review of the Commission's denial of refunds, despite not seeking rehearing of an earlier order.
• Tracy v. Baker
  282 F.2d 431· 9th Cir.· 1960-08-18
  The court held that the Hawaii Supreme Court correctly determined the appellant was not an aggrieved party regarding the legitimacy issue, as he had appealed solely in his capacity as the heir of the residuary legatee, not as the decedent's heir.
• Gen. Commodities Corp., Ltd. v. Hyman-Michaels Co.
  224 F.2d 952· 9th Cir.· 1955-08-15
  The court held that the cablegram did not create personal liability for the corporate debt, thus the sender was not a party aggrieved entitled to compel arbitration.
• Salisbury v. Ruggieri
  197 F.2d 942· 9th Cir.· 1952-06-30
  The court held that the appeals must be dismissed because the orders were not final decisions and the appellant was not aggrieved by them. Furthermore, accepting the returned deposit waived any right to appeal.