Directory Vs. Mandatory Statutory Provisions

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

• Mister Ralpho v. Bell
  569 F.2d 607· D.C. Cir.· 1977-03-29 ·cited 100×
  A provision in the Micronesian Claims Act purporting to bar judicial review does not preclude review of claims alleging constitutional violations or plain statutory transgressions by the Commission.
• Dawson v. Abe Saada
  608 So. 2d 806· Fla.· 1992-11-25 ·cited 88×
  The Florida Supreme Court held that while failure to comply with notice requirements of section 197.522 invalidates a tax deed, the notice requirement of section 197.522(2) (sheriff service) is directory only, not mandatory. The court affirmed that section 197.522(1) (clerk's cer
• Neal v. Farris Bryant
  149 So. 2d 529· Fla.· 1962-10-19 ·cited 82×
  Three former public school teachers challenged the revocation of their teaching certificates by the Florida State Board of Education. The Florida Supreme Court reversed the revocations, holding that the Board failed to comply with mandatory statutory procedures requiring a prelim
• Boardman v. Esteva
  323 So. 2d 259· Fla.· 1975-09-30 ·cited 78×
  Florida Supreme Court held that substantial compliance, not strict compliance, with absentee voting statutes is required to validate ballots in election contests. The Court affirmed the trial court's judgment declaring Boardman the winner of a 1972 Second District Court of Appeal
• Allied Fid. Ins. Co. v. State
  415 So. 2d 109· Fla. 3d DCA· 1982-06-15 ·cited 71×
  Allied Fidelity Insurance Company appealed judgments on bail bond forfeitures, arguing that the trial court lacked authority to enter judgment because written notice of forfeiture was not given within seventy-two hours as required by Florida Statute Section 903.26(2). The court h
• Carn v. Moore
  74 Fla. 77· Fla.· 1917-07-14 ·cited 63×
  The Florida Supreme Court reversed a Circuit Court decree invalidating a local option election in Marion County based solely on ballot formatting irregularities. The court held that where there is no evidence of fraud or voter confusion, and voters are not prevented from freely e
• Metro. Dade Cnty. v. Bridges
  402 So. 2d 411· Fla.· 1981-07-30 ·cited 57×
  The Florida Supreme Court upheld the constitutionality of section 925.036, which establishes mandatory maximum fee limits for court-appointed attorneys in criminal cases. The Court held that trial courts cannot exceed the statutory limits even under extraordinary circumstances, a
• Mills v. Martinez
  909 So. 2d 340· Fla. 5th DCA· 2005-07-08 ·cited 49×
  Paula Mills appealed the trial court's denial of attorney's fees based on a proposal of settlement that was filed with the court prematurely, two years before trial. The Fifth District Court of Appeal reversed, holding that the premature filing was an immaterial procedural violat
• Fla. Dep't of Health & Rehabilitative Servs. v. Career Serv. Comm'n OF the State of Fla. Dep't OF Admin. & Raya E. Tew
  289 So. 2d 412· Fla. 4th DCA· 1974-02-08 ·cited 45×
  The Florida Department of Health and Rehabilitative Services appealed the Career Service Commission's decision to reinstate a nurse (Raya Tew) with back pay after the Department terminated her employment. The appellate court addressed the proper burden of proof in administrative
• Cunningham v. Litton Indus.
  413 F.2d 887· 9th Cir.· 1969-06-30 ·cited 44×
  The court held that the 30-day period to file a civil action under Title VII begins when the aggrieved party receives notice of the EEOC's inability to achieve voluntary compliance, regardless of how long the EEOC took to process the charge.
• Certain Lots Upon Which Taxes Are Delinquent v. Town OF Monticello
  159 Fla. 134· Fla.· 1947-02-21 ·cited 39×
  The Florida Supreme Court upheld a tax foreclosure by the Town of Monticello against delinquent property owners, holding that procedural defects in the assessment and collection of municipal taxes became directory rather than mandatory after 1929, and that any remaining irregular
• G & B OF Jacksonville, Inc. v. State
  362 So. 2d 951· Fla. 1st DCA· 1978-08-17 ·cited 38×
  G & B of Jacksonville challenges administrative penalties imposed by Florida's Division of Beverage for alleged violations of lewdness and indecent exposure statutes by dancers at the licensee's establishment. The court affirmed the lewdness violations but reversed the indecent e
• Murray v. State
  378 So. 2d 111· Fla. 5th DCA· 1980-01-02 ·cited 36×
  Willie Murray appealed his aggravated battery conviction based on the trial court's refusal to instruct the jury on the applicable penalty. Although the court agreed that the 1977 amendment to Florida Criminal Procedure Rule 3.390(a) made penalty instructions mandatory, it affirm
• State v. Puckett OIL Co., Inc.
  577 So. 2d 988· Fla. 1st DCA· 1991-04-03 ·cited 32×
  The Florida Department of Environmental Regulation appeals a summary final order awarding attorney's fees and costs to Puckett Oil Company, arguing the hearing officer erred in entering summary judgment against it for filing a responsive pleading four days late. The court reverse
• Scottie-Craft Boat Corp. & Fed. Ins. Co. v. Thomas Smith & the Indus. Relations Comm'n
  336 So. 2d 1150· Fla.· 1976-07-30 ·cited 30×
  The Florida Supreme Court reviewed whether a Judge of Industrial Claims' order entered 250 days after the final hearing violated a statutory thirty-day deadline, making it reversible error. The Court held that the statutory deadline is directory rather than mandatory and does not
• Reid v. The S. Dev. Co.
  52 Fla. 595· Fla.· 1906-06-01 ·cited 30×
  George Reid challenged the validity of a tax deed issued to Southern Development Company based on defects in the tax assessment and collection process. The Florida Supreme Court affirmed that the assessment was valid, holding that procedural violations in the tax assessment proce
• State v. Golden
  350 So. 2d 344· Fla.· 1976-02-26 ·cited 24×
  The Florida Supreme Court reversed a circuit court decision that had declared certain juvenile detention statutes unconstitutional. The Court held that statutory provisions requiring faster detention hearings (24 hours) and adjudication (14 days) are constitutional exercises of l
• Cooper v. Louie L. Wainwright
  308 So. 2d 182· Fla. 4th DCA· 1975-02-21 ·cited 24×
  John Steven Cooper was convicted of using a firearm while committing a felony, aggravated assault, and attempted robbery based on an undercover police sting involving a marijuana deal. The Fourth District Court of Appeal affirmed his 20-year sentence for the firearm offense but r
• Snell v. Mayo
  84 So. 2d 581· Fla.· 1956-01-06 ·cited 24×
  In this habeas corpus appeal, the Florida Supreme Court addressed whether a minor's criminal conviction was invalid due to alleged failure to notify his parents of the charges prior to trial. The court held that the statutory notice requirement was satisfied despite non-complianc
• Apgar v. Wilkinson
  95 Fla. 457· Fla.· 1928-03-13 ·cited 22×
  This case involves a challenge to a Florida legislative act (House Bill No. 1694) that authorized Volusia County to purchase additional land for a courthouse building. The appellant, who had contracted with the county commissioners to build a courthouse and later assigned his rig
• Holloway v. State
  342 So. 2d 966· Fla.· 1977-02-17 ·cited 21×
  The court held that an arrest made by a deputy sheriff who had not taken the oath of office was illegal, and the statute requiring the oath is mandatory.
• United States v. Chaudron
  425 F.2d 605· 8th Cir.· 1970-04-27 ·cited 20×
  The court held that the appellant's conviction for failing to report for civilian work was valid because the procedural irregularities he alleged did not cause substantial prejudice and the Selective Service Board followed the necessary procedures.
• Lomelo v. Mayo
  204 So. 2d 550· Fla. 1st DCA· 1967-11-30 ·cited 20×
  Petitioners sought a writ of prohibition to prevent the Public Service Commission from holding a hearing on a utility rate increase notice filed 214 days after the statutory filing date, arguing the Commission lost jurisdiction by failing to act within the 180-day statutory deadl
• Dines v. Fla. Unemployment Appeals Comm'n
  730 So. 2d 378· Fla. 3d DCA· 1999-03-31 ·cited 18×
  David Dines left employment and filed for unemployment benefits, which were initially denied but reinstated on appeal. The Florida Unemployment Appeals Commission affirmed a decision denying him benefits for the period between the initial denial and reinstatement solely because h
• Coult v. Knott
  133 Fla. 141· Fla.· 1938-07-07 ·cited 18×
  The Florida Supreme Court upheld a tax deed issued to plaintiff and affirmed a judgment of ejectment against multiple defendants, including the record owners and mortgage holders. The case addressed three key issues regarding tax deed validity: (1) whether the clerk's failure to
• State v. Osborne
  781 So. 2d 1137· Fla. 5th DCA· 2001-03-02 ·cited 16×
  The State appealed a trial court's dismissal of a sexual predator civil commitment petition based on the State's failure to bring the respondent to trial within 30 days of probable cause determination as required by Florida's Jimmy Ryce Act. The Fifth District Court of Appeal rev
• Bankers Ins. Co. v. Pannunzio
  538 So. 2d 61· Fla. 4th DCA· 1989-01-25 ·cited 16×
  The court held that mailing of notices by a premium finance company is sufficient for cancellation and that the insured's denial of receipt does not prevail over proof of mailing.
• Chicago Bridge & Iron Co. v. Occupational Safety & Health Review Comm'n
  535 F.2d 371· 7th Cir.· 1976-05-10 ·cited 16×
  Citations issued as a result of an inspection are valid when there has been substantial compliance with the Act's walkaround right provision and the employer cannot demonstrate prejudice from their non-participation.
• Jairo Velez-Lozano v. Immigr. & Naturalization Serv.
  463 F.2d 1305· D.C. Cir.· 1972-06-07 ·cited 16×
  The court held that a suspended sentence for sodomy, even with probation, constitutes a sentence to confinement for deportation purposes, and a nunc pro tunc recommendation against deportation after the statutory period is ineffective.
• Triangle Candy Co. v. United States
  144 F.2d 195· 9th Cir.· 1944-08-08 ·cited 16×
  The court held that the provision of a portion of a sample for analysis to the accused is a mandatory prerequisite to prosecution under the Federal Food, Drug, and Cosmetic Act, unless the Administrator brings himself within the exceptions provided by regulation.
• Johnson v. Cochran
  124 So. 2d 488· Fla.· 1960-11-16 ·cited 15×
  Johnson sought habeas corpus relief claiming his conviction was invalid because the State failed to notify his grandmother, as his legal guardian, of the charges prior to trial as required by Florida Statute Section 932.38. The Florida Supreme Court held that substantial complian
• Gilliam v. Will R. Saunders
  200 So. 2d 588· Fla. 1st DCA· 1967-06-20 ·cited 14×
  A Florida appellate court reversed dismissal of a complaint challenging the validity of a tax deed, holding that statutory requirements for filing proof of publication of notice before issuing a tax deed are mandatory, not merely directory, and therefore jurisdictional.
• DeMARIO v. Franklin Mortg. & Inv. Co., Inc.
  648 So. 2d 210· Fla. 4th DCA· 1994-12-21 ·cited 12×
  Appellants sought surplus proceeds from a tax deed sale after the property's former owner defaulted on their purchase money mortgage. The trial court awarded the $125,000 surplus to the last title holder, Franklin Investment, but the court reversed, holding that senior lienholder
• In re Barr Labs., Inc.
  930 F.2d 72· D.C. Cir.· 1991-04-16 ·cited 12×
  The court held that while the FDA's delay in processing generic drug applications violated a statutory deadline, mandamus relief was inappropriate because it would impose offsetting burdens on other applicants and did not guarantee a net public benefit.
• State v. Book
  523 So. 2d 636· Fla. 3d DCA· 1988-03-03 ·cited 12×
  The State of Florida appealed the trial court's dismissal of five criminal counts against Ronald Book for insurance fraud related to false declarations regarding a stolen Mercedes automobile. The appellate court reversed all dismissals, holding that the false purchase price state
• Oswald Miller v. Oolite Indus., Inc.
  336 So. 2d 1152· Fla.· 1976-07-30 ·cited 12×
  The Florida Supreme Court held that the statutory requirement for a judge of industrial claims to enter an order within thirty days of hearing is directory rather than mandatory, and does not divest the judge of jurisdiction when the deadline is missed. The court reversed the Ind
• Vinny C. Smith v. City OF Tallahassee
  198 So. 2d 380· Fla. 1st DCA· 1966-11-08 ·cited 12×
  The court denied the petition for attorney's fees for services rendered on appeal, without prejudice to its presentation in the lower court.
• Wilshire OIL Co. OF Cal. v. Costello
  348 F.2d 241· 9th Cir.· 1965-07-06 ·cited 12×
  The court held that the statutory requirement for both assignor and assignee to sign the notice of assignment is mandatory, and a notice lacking the assignee's signature does not constitute substantial compliance.
• Davis v. State
  150 Fla. 597· Fla.· 1942-05-19 ·cited 12×
  The Florida Supreme Court reversed a manslaughter conviction, holding that while the trial court's failure to poll the jury violated Section 224 of the Criminal Procedure Act, this procedural error was harmless. The Court's primary ground for reversal was that the evidence was le
• McCann v. City of St. Petersburg for the Use of Glenn V. Leland
  145 Fla. 158· Fla.· 1940-11-26 ·cited 12×
  McCann appealed the dismissal of his bill of review challenging a fiscal decree under Chapter 15038, Acts of 1931, which authorized municipalities to enforce tax certificate and special assessment liens. The court affirmed the dismissal, holding that statutory notice requirements
• Townsend v. Brown
  69 Fla. 155· Fla.· 1915-02-16 ·cited 12×
  In this ejectment action over a tax deed, the Florida Supreme Court held that the statutory requirement for publication of tax sale notice "once each week for five consecutive weeks" means five publications in five consecutive weeks (giving approximately four weeks notice), not a
• Porcher L'Engle v. Wilson
  21 Fla. 461· Fla.· 1885-01-01 ·cited 12×
  This case concerns the validity of a tax deed used to claim ownership of land. The court held that a tax assessment made to an "estate" rather than a specific owner or occupant is void, as it fails to comply with statutory requirements for tax assessments.
• The State of Fla. ex rel. H. Bisbee, Jr. v. The Bd. of State Canvassers
  17 Fla. 29· Fla.· 1879-01-01 ·cited 12×
  The Florida Supreme Court held that a state canvassing board must count election returns from county canvassers that are regular, genuine, and made in good faith, even if some precinct returns were not included, unless the county return itself is shown to be irregular, false, or
• Hernandez v. Kissimmee Police Dep't
  901 So. 2d 420· Fla. 5th DCA· 2005-05-20 ·cited 10×
  The court held that the appellant waived his right to appellate review of the forfeiture filing deadline because he failed to raise the issue in the trial court and the deadline is not jurisdictional.
• Bystrom v. Union Land Invs., Inc.
  477 So. 2d 585· Fla. 3d DCA· 1985-08-06 ·cited 10×
  A Florida property appraiser appealed the decision of a trial court that granted agricultural tax classification to undeveloped land based on preparatory work begun in late 1979. The appellate court reversed, holding that although the property owner intended to use the land for a
• Martin Cnty. v. Makemson
  464 So. 2d 1281· Fla. 4th DCA· 1985-03-06 ·cited 10×
  Martin County challenges a trial court's award of attorney's fees to court-appointed counsel in excess of statutory limits under section 925.036, Florida Statutes. The trial court declared the fee-cap statute unconstitutional as a judicial usurpation by the legislature. The appel
• United States v. Wallace & Tiernan, Inc.
  349 F.2d 222· D.C. Cir.· 1965-06-23 ·cited 10×
  The court held that the indictment should not have been dismissed because any procedural irregularity in summoning the grand jury did not prejudice the appellees and Rule 6(a) of the Federal Rules of Criminal Procedure superseded the conflicting D.C. Code provision.
• THE City OF Hollywood v. Davis
  154 Fla. 785· Fla.· 1944-08-01 ·cited 9×
  The Florida Supreme Court reversed a lower court decree invalidating special assessment liens imposed by the City of Hollywood for street improvements. The court held that while the City had technical procedural deficiencies, these did not vitiate the liens where the substance of
• Brown v. The Honorable Arthur P. Pumpian
  504 So. 2d 481· Fla. 1st DCA· 1987-03-19 ·cited 8×
  The court held that the word 'shall' in the statute requiring hearings within 90 days is directory, not mandatory, and mandamus will not lie to compel the Governor to appoint more deputy commissioners without legislative authorization.
• Marshall v. N. L. Indus., Inc.
  618 F.2d 1220· 7th Cir.· 1980-04-07 ·cited 8×
  An arbitration award denying back pay does not preclude a subsequent lawsuit by the Secretary of Labor under the Occupational Safety and Health Act for discriminatory discharge.