Directory Vs. Mandatory Statutory Provisions

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

• Burton E. Carr and Marie A. Carr v. City OF Anchorage
  243 F.2d 482· 9th Cir.· 1957-04-22 ·cited 8×
  A municipality cannot escape liability for a fully performed oral contract, even if formalities were not strictly followed, if the non-compliance does not go to the substance of the contract or public protection.
• Kronberg v. Hale
  180 F.2d 128· 9th Cir.· 1950-02-07 ·cited 8×
  The court held that Congress has the constitutional power to enact provisions allowing for the trial of former servicemen by court-martial for offenses committed while in service, and that the delay in lodging charges did not divest the military of jurisdiction.
• Canadian FUR Trappers Corp. v. The United States
  884 F.2d 563· Fed. Cir.· 1989-08-29 ·cited 7×
  The court held that the statutory language of 19 U.S.C. § 1504 does not compel the conclusion that entries were deemed liquidated 90 days after injunctions against liquidation were dissolved.
• State v. Shields
  140 So. 2d 144· Fla. 1st DCA· 1962-03-27 ·cited 7×
  A Florida resident and taxpayer challenged the validity of a referendum election for incorporating the Town of St. Marks, arguing that deviations from statutory procedures—including missing the first registration date and publishing notice in only three instead of four weekly new
• Gov't of the Virgin Islands v. Hernandez
  508 F.2d 712· 3d Cir.· 1975-01-31 ·cited 6×
  The court held that the district court did not err in denying the motion to suppress evidence seized incident to a lawful arrest, nor in refusing to grant a new trial based on alleged prejudicial publicity or insufficient proof of elements.
• Town OF Belleair v. Moran
  244 So. 2d 532· Fla. 2d DCA· 1971-02-19 ·cited 6×
  Residents challenged rezoning ordinances enacted by the Town of Belleair, alleging they were improperly enacted at the instance of United States Steel Corporation and violated zoning criteria requiring consideration of public health, safety, and welfare. The court affirmed the de
• Speigel v. Knight
  224 So. 2d 703· Fla. 3d DCA· 1969-06-10 ·cited 6×
  In this Florida election law case, Philip Speigel challenged the election of Harry F. Knight as Monroe County Tax Collector, arguing that Knight violated statutory requirements by failing to pay his filing fee and take the mandatory oath before the general election. The court aff
• City OF ANN Arbor v. Nw. Park Constr. Corp.
  280 F.2d 212· 6th Cir.· 1960-06-21 ·cited 6×
  The court held that the rezoning ordinance was valid because the property owner did not acquire vested rights and the procedural requirements for enactment were met, despite the ordinance being passed less than thirty days after the report request.
• Norman-Frank, Inc. v. Arnall
  196 F.2d 502· Emer. Ct. App.· 1952-05-02 ·cited 6×
  The court held that the regulation was valid, rejecting procedural and substantive challenges, and that the confiscatory claim could not be determined on the pleadings.
• Tellis v. State
  779 So. 2d 352· Fla. 2d DCA· 2000-03-22 ·cited 5×
  Willie Howard Tellis petitioned for habeas corpus after his pretrial release was revoked when he failed to appear at arraignment, arguing that Florida Rule of Criminal Procedure 3.160 mandated waiver of arraignment upon filing a written plea of not guilty. The court held that whi
• Concerned Citizens OF Putnam Cnty. FOR Responsive Gov't, Inc. v. ST. Johns River Water Mgmt. Dist.
  622 So. 2d 520· Fla. 5th DCA· 1993-07-23 ·cited 5×
  Concerned Citizens challenged the St. Johns River Water Management District's failure to establish minimum water flows and levels as required by Florida law. The court held that Section 373.042's mandate that water districts "shall" establish these minimums is legally binding, no
• In re the Executive Commc'n of the 28th January
  12 Fla. 686· Fla.· 1869-01-28 ·cited 5×
  The Florida Supreme Court addressed a legislative inquiry regarding the legality of a U.S. Senator's election. The court determined it lacked the authority to definitively declare the election illegal or void, as that power rests solely with the U.S. Senate.
• Jacobs v. Seminole Cnty. Canvassing Bd.
  773 So. 2d 519· Fla.· 2000-12-12 ·cited 4×
  In this significant 2000 election case, the Florida Supreme Court affirmed a trial court's denial of relief in a contest challenging Seminole County absentee ballots. Appellants sought to invalidate thousands of absentee ballot requests because voter identification numbers were a
• Dependable Ins. Co., Inc. v. Union Cnty.
  509 So. 2d 1228· Fla. 1st DCA· 1987-07-07 ·cited 4×
  A surety is not automatically relieved of a forfeited bail bond due to the clerk's failure to provide prompt notice of forfeiture if the surety cannot prove prejudice resulting from the delay.
• State v. Holloway
  318 So. 2d 421· Fla. 2d DCA· 1975-08-01 ·cited 4×
  The court held that an arrest made by a de facto deputy sheriff is legal, even if the deputy failed to take the statutorily prescribed oath of office.
• State of Fla. ex rel. Ozzie Joseph Negron v. The Court OF Record IN & FOR Broward Cnty.
  286 So. 2d 582· Fla. 4th DCA· 1973-05-31 ·cited 4×
  The court held that the 45-day time limit for arraignment after a case transfer is directory, not jurisdictional, and failure to meet it does not divest the court of jurisdiction.
• Charles v. Maxwell
  348 F.2d 890· 6th Cir.· 1965-07-21 ·cited 4×
  The court held that the appellant's federal constitutional rights were not violated by the method of selecting the grand jury, even if it deviated from state statutory procedures.
• The State of Fla. ex rel. John C. Law v. Saxon
  30 Fla. 668· Fla.· 1892-06-01 ·cited 4×
  In this quo warranto case, the Florida Supreme Court upheld ballot validity under the state's 1887 election law, holding that certain ballots marked with party designations such as "National Republican Ticket" and "Free Suffrage Ticket" were legal and should have been counted. Th
• Metro. Dade Cnty. v. Shelton
  375 So. 2d 32· Fla. 4th DCA· 1979-09-12 ·cited 3×
  This case addresses whether a marriage is void if the ceremony occurs before the marriage license is officially issued, despite the parties' good faith and substantial compliance with licensing procedures. The court found the marriage valid, reversing an annulment.
• In re Advisory Opinion to Governor
  154 Fla. 866· Fla.· 1944-09-30 ·cited 3×
  The Florida Supreme Court answered the Governor's request for an advisory opinion interpreting his constitutional duty to issue death warrants in capital cases. The Court held that the Governor must issue death warrants so that at least five days elapse between the warrant's issu
• Abe Saada and Regina S. Saada v. Dawson
  612 So. 2d 728· Fla. 4th DCA· 1993-02-10 ·cited 2×
• Exxon Chem. Patents, Inc. v. The Lubrizol Corp.
  935 F.2d 1263· Fed. Cir.· 1991-06-04 ·cited 2×
  The court held that a district court's subject matter jurisdiction for patent infringement is established by a well-pleaded complaint, even if the patent's validity or issuance date is later challenged.
• McLEAN v. Bellamy
  437 So. 2d 737· Fla. 1st DCA· 1983-09-08 ·cited 2×
  In this election contest for a Tallahassee City Commission seat, the court examined whether numerous alleged irregularities in the handling of absentee ballots should invalidate them and result in the machine-vote winner being declared the winner. The court held that substantial
• Cerujo v. Immigr. & Naturalization Serv.
  570 F.2d 1323· 7th Cir.· 1978-02-13 ·cited 2×
  A state judge's recommendation against deportation is not automatically void for lack of prior notice to the INS if the INS has not been prejudiced and the judge remains willing to consider their views.
• State Rd. Dep't OF Fla. v. Hancock
  250 So. 2d 307· Fla. 2d DCA· 1971-07-09 ·cited 2×
  The trial court did not err in assessing appellate costs and attorney's fees against the condemning authority, as the statute mandates such payment.
• Griffin Lowman v. Sid Young and Grace Young
  212 So. 2d 88· Fla. 1st DCA· 1968-06-26 ·cited 2×
  Griffin Lowman appealed a summary judgment that invalidated his tax deed and ordered foreclosure of a mortgage held by Home Finance Company. The trial court held the tax deed void based on alleged statutory violations in the tax certificate sale process, but the appellate court r
• Marler v. The Bd. OF Pub. Instruction OF Okaloosa Cnty.
  197 So. 2d 506· Fla.· 1967-04-05 ·cited 2×
  The court held that the statutory requirements concerning the location of polling places in bond elections are directory, not mandatory, and deviations do not invalidate an election if fairly held without fraud and with substantial compliance.
• Merlin C. Hamilton and Lydia H. Hamilton v. The United States
  324 F.2d 960· Ct. Cl.· 1963-11-15 ·cited 2×
  The court held that a compromise agreement was valid despite procedural irregularities in its approval and recordation, as the statutory provisions were directory, not mandatory.
• Ricardo v. Ambrose. Appeal of Ricardo
  211 F.2d 212· 3d Cir.· 1954-03-19 ·cited 2×
  The court held that the assessment made in 1952 for the calendar year 1951 was valid under the 1936 Regulations, and that procedural irregularities, if any, did not invalidate the entire assessment.
• Langley v. Irons Land & Dev. Co.
  94 Fla. 20· Fla.· 1927-06-14 ·cited 2×
  Mary Neal Langley filed a bill in chancery seeking cancellation of promissory notes and return of a cash payment after discovering the lot she purchased was not the lot she had agreed to buy. The trial court sustained demurrers to her original and amended bills, and this appeal a
• Librada Gonzalez Izaguirre v. Beach Walk Resort/Travelers Ins.
  Fla. 1st DCA· 2019-05-16 ·cited 1×
  The court affirmed a workers' compensation judge's exclusion of Independent Medical Examination (IME) testimony due to the claimant's failure to provide timely notice as required by statute. The claimant argued the exclusionary provision was directory rather than mandatory and th
• Ramirez v. Bentley
  678 So. 2d 335· Fla.· 1996-08-22 ·cited 1×
  The court held that the word 'shall' in the statute governing contempt proceedings in domestic violence cases is directory, not mandatory, and that the statute does not unconstitutionally encroach on the judiciary's contempt power.
• Ross v. Bentley
  678 So. 2d 334· Fla.· 1996-08-22 ·cited 1×
  The Supreme Court approved the district court's decision, finding that 'shall' in the statute is directory, not mandatory, rendering the constitutional question moot.
• United States v. Air Fla., Inc.
  534 F. Supp. 17· S.D. Fla.· 1982-02-12 ·cited 1×
  The court reaffirmed its prior order enforcing the National Mediation Board's directive, denying rehearing and dismissing third-party complaints.
• Lafon
  Del.· 2026-01-27
  Russell L. LaFon, Sr., as personal representative of his deceased son's estate, sought a declaratory judgment that his son's marriage to Jacqueline Marie Felmlee was invalid because it lacked the statutorily required two witnesses at the ceremony. The Delaware Supreme Court held
• Kuhn Constr. Co. v. Dep't of Transp.
  Del. Ch.· 2016-08-17
  The court granted a temporary restraining order, preventing the Delaware Department of Transportation (DelDOT) from awarding a construction contract to another bidder, but denied the request for a mandatory injunction to rebid the project. The court found that while DelDOT violat
• State v. Reese
  773 So. 2d 655· Fla. 1st DCA· 2000-12-20
  The court held that the trial court erred in ordering the release of a sexually violent predator based on a misconstruction of the Jimmy Ryce Act's time limitations for trial commencement.
• H.W. "Bill" Suber v. Kelley
  592 So. 2d 805· Fla. 5th DCA· 1992-02-07
  The court held that the word 'shall' in the statute imposing a 20-day deadline for filing an appeal is mandatory, not directory.
• In re Forfeiture OF the following Prop.: ONE (1) 1984 Ford VAN 150 v. Blancett
  521 So. 2d 244· Fla. 1st DCA· 1988-03-01
  The court held that the forfeiture provisions under Florida's wildlife statutes are mandatory, not discretionary, when a vehicle is used in the commission of an offense and owned by the violator.
• Dep't OF Corr. v. Farmer
  436 So. 2d 344· Fla. 1st DCA· 1983-08-12
  The Department of Corrections appealed five orders reducing employee dismissals to suspensions for involvement in a brutal "special counselling session" involving corporal punishment of inmates. The court reversed, holding that once the Career Service Commission found just cause
• Cent. Ill. Pub. Serv. Co. v. United States Env't Prot. Agency
  594 F.2d 636· 7th Cir.· 1979-03-23
  The court held that section 111(j) of the Clean Air Act does not require a company to apply for an innovative technology waiver before a new source is operational.
• Laszlo HUN v. Goode
  353 So. 2d 169· Fla. 3d DCA· 1977-12-06
  Laszlo Hun, a police officer dismissed by Metropolitan Dade County, challenged the dismissal through certiorari, arguing the County Manager violated a 15-day deadline in Section 2-47 of the County Code when deciding his case 24 days after receiving the hearing examiner's recommen
• Williams v. State
  238 So. 2d 137· Fla. 1st DCA· 1970-07-30
  The court held that the trial court did not err in denying the motion to quash the indictment, admitting evidence of prior convictions, allowing inquiry into the defendant's failure to take a lie detector test, or in its rulings on the sufficiency of evidence and closing argument
• Westinghouse Elec. Supply Co v. 1800 N. Fed. Corp.
  29 Fla. Supp. 136· Broward Cty. Cir. Ct.· 1967-11-06
  A materialman sought to foreclose a mechanic's lien for materials incorporated into a construction project. The court denied the defendant-owner's motion for summary judgment, holding that the failure to serve notice of lien within 45 days does not automatically bar the lien if n
• Gamma Phi Chapter of Sigma Chi Bldg. Corp. v. Dade Cnty.
  26 Fla. Supp. 161· Dade Cty. Cir. Ct.· 1966-05-18
  A non-profit fraternity corporation sought tax exemption for its property but filed the application after the statutory deadline. The court held that Florida's tax exemption statute imposing an April 1 filing deadline is mandatory, not directory, and therefore the late applicatio
• Bowen v. Cochran
  121 So. 2d 154· Fla.· 1960-06-08
  Actual notice to parents of a minor's charges satisfies statutory notice requirements, even if formal service is lacking.
• Lewis v. Consol. Underwriters
  276 F.2d 687· 5th Cir.· 1960-04-14
  The court held that the district court had diversity jurisdiction and erred in dismissing the case for want of jurisdiction based on the employer's failure to post notice under the Alabama Workmen's Compensation Law.
• State of N.Y. v. Seligson
  212 F.2d 111· 2d Cir.· 1954-04-05
  The court held that the late filing of a tax warrant by a Department of Labor employee, after its transfer between departmental offices, did not invalidate the resulting lien, as the five-day filing period was not a statutory requirement for such employees.