677 Florida cases classified under this topic, plus 92 listed through its narrower topics · sorted by citation count · browse and sort
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753 F.2d 527·
6th Cir.·
1985-02-04
·cited 2×
The dissenting judge holds that the magistrate's finding of no discrimination was clearly erroneous because the employee presented sufficient comparative evidence of disparate treatment based on race.
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749 F.2d 1482·
11th Cir.·
1985-01-08
·cited 2×
The court held that a directed verdict rule does not apply to cases tried with an advisory jury, and the proper remedy for the lack of findings of fact and conclusions of law is remand, not reversal.
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449 So. 2d 424·
Fla. 4th DCA·
1984-05-09
·cited 2×
Multicon Construction appealed a $41,380 judgment after the trial court reinstated its case following dismissal for failure to prosecute. The court reversed and remanded, directing dismissal because the plaintiff failed to comply with Florida Rule of Civil Procedure 1.420(e) by n
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680 F.2d 66·
9th Cir.·
1982-03-24
·cited 2×
The court held that the membership links between defendant organizations did not constitute a per se illegal tying arrangement and that appellants failed to prove suppression of competition or monopolization.
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626 F.2d 1101·
2d Cir.·
1980-07-08
·cited 2×
The court should reverse the dismissal because the lower court misinterpreted New York Business Corporation Law § 627 regarding the plaintiff's purchase of stock to avoid posting security.
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614 F.2d 945·
4th Cir.·
1980-02-12
·cited 2×
The court held that dismissing a protective action without prejudice, even for administrative reasons, is unwarranted if it could impose the burden of litigation the protective suit was designed to prevent.
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478 F.2d 719·
8th Cir.·
1973-04-20
·cited 2×
The court held that the district court did not abuse its discretion in vacating a prior dismissal order and that sufficient evidence supported the jury's verdict of accidental death, affirming the judgment.
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The court held that the plaintiff failed to present sufficient evidence to support claims of conspiracy, fraudulent inducement, or violation of civil rights, and affirmed the district court's dismissal.
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423 F.2d 782·
5th Cir.·
1968-10-09
·cited 2×
The court held that state statutes of limitations do not apply to the federal government, a waiver of notice in a guaranty allows for multiple extensions, and a prior dismissal for failure to make a written demand was not an adjudication on the merits and thus not res judicata.
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398 F.2d 661·
7th Cir.·
1968-07-30
·cited 2×
The court held that the district court's dismissal for want of prosecution was correct because the plaintiff's refusal to proceed to trial after the court denied his motion to try all issues in admiralty was not an appealable order.
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The court held that the plaintiff did not render the requisite performance under the alleged joint venture agreement, thus precluding recovery.
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250 F.2d 388·
7th Cir.·
1957-12-27
·cited 2×
The court held that the district court misconstrued the appellate mandate by re-entering a prior dismissal order without allowing the plaintiff to present evidence.
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The court held that the plaintiff's evidence was sufficient to present a jury question on the defendant's negligence and the plaintiff's contributory negligence, and that the North Carolina Workmen's Compensation Act did not bar the action.
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The court held that the evidence did not support the plaintiffs' theory of joint venture and breach of trust, thus affirming the dismissal.
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The trial court erred in granting the defendant's motion to dismiss under Rule 41(b) because the doctrine of last clear chance presented a question of fact for the jury.
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198 F.2d 380·
4th Cir.·
1952-07-26
·cited 2×
The court held that a plaintiff barred by the clean hands doctrine and res judicata from pursuing a patent claim in equity cannot relitigate the same issues in a subsequent damages action.
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2025 WL 18652·
N.D. Fla.·
2025-03-28
·cited 1×
The court recommended dismissal of the habeas corpus petition without prejudice.
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2008 WL 11472145·
M.D. Fla.·
2025-01-07
·cited 1×
The court held that dismissal with prejudice was an appropriate sanction for the plaintiff's willful disregard of court orders and failure to prosecute the action.
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2018 WL 10140148·
N.D. Fla.·
2024-10-10
·cited 1×
The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders to file a proper complaint and pay the filing fee or move to proceed in forma pauperis.
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938 F.2d 33·
4th Cir.·
1991-06-25
·cited 1×
The court held that dismissing a plaintiff's case with prejudice as a sanction for attorney misbehavior, particularly when relying on unrelated past conduct and without considering lesser sanctions, was too drastic.
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880 F.2d 818·
5th Cir.·
1989-08-03
·cited 1×
The court's prior decision, which is binding precedent, was not properly distinguished by the majority.
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A debtor's false statement in an affidavit that all construction expenses were paid in full, made to induce reliance by a title insurer, constitutes actionable fraud for nondischargeability of the resulting debt, even if the specific liens were not perfected.
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676 F. Supp. 1183·
M.D. Fla.·
1987-02-06
·cited 1×
The court held that the plaintiff failed to establish a prima facie case of racial discrimination or retaliation, and that the defendant articulated legitimate, nondiscriminatory reasons for its employment decisions.
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646 F. Supp. 1427·
M.D. Fla.·
1986-10-23
·cited 1×
The court held that the plaintiff was an at-will employee and not entitled to procedural due process protections beyond those afforded by Florida law and the city's ordinances.
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726 F.2d 459·
9th Cir.·
1983-11-21
·cited 1×
The court held that the district court erred in dismissing the § 1983 claim and in ruling against the plaintiff on her Title VII claim, reversing both decisions.
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S.D. Fla.·
2026-01-29
The court held that the petition for writ of habeas corpus was facially deficient due to a lack of specific factual allegations and granted the petitioner leave to amend.
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S.D. Fla.·
2026-01-13
The court granted judgment for SHM LMC and entered default against SYG for failure to pay a settlement amount and obtain counsel, dismissing SYG's claims with prejudice.
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M.D. Fla.·
2026-01-12
The court held that the plaintiff's repeated failures to comply with court orders, including failing to appear for trial, warranted dismissal with prejudice.
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M.D. Fla.·
2026-01-12
A pro se plaintiff's failure to comply with court orders regarding filing fees, applications to proceed in forma pauperis, and address updates can result in dismissal of the action.
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M.D. Fla.·
2026-01-09
The court held that the plaintiff's third amended complaint was due to be dismissed without prejudice for failure to comply with court orders and federal pleading standards.
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M.D. Fla.·
2026-01-08
The court dismissed the plaintiff's case without prejudice for failure to prosecute and comply with court orders.
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S.D. Fla.·
2026-01-08
The court held that the plaintiff's repeated failure to comply with court orders and rules, despite multiple extensions and warnings, warranted dismissal of the case for failure to prosecute.
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M.D. Fla.·
2026-01-08
The court denied the motion to dismiss for failure to prosecute because the plaintiff has now filed the necessary responsive pleadings, mitigating the delay.
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S.D. Fla.·
2026-01-07
The court recommends dismissal without prejudice for failure to prosecute and comply with court orders.
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M.D. Fla.·
2026-01-07
The court held that the plaintiffs' failure to respond to an order to show cause, after previously failing to comply with court orders, warrants dismissal for failure to prosecute.
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N.D. Fla.·
2025-12-30
The court held that dismissal without prejudice is appropriate due to plaintiffs' failure to comply with court orders and prosecute the action.
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M.D. Fla.·
2025-12-22
The court held that a plaintiff's counsel's failure to comply with a pretrial order's strict deadline for filing a suggestion of death, even after learning of the plaintiff's passing, warrants dismissal without prejudice.
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M.D. Fla.·
2025-12-18
The court held that dismissal of the case without prejudice for lack of prosecution and failure to comply with court orders was appropriate.
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N.D. Fla.·
2025-12-16
The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.
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S.D. Fla.·
2025-12-10
The court held that a pro se prisoner's amended civil-rights complaint must be signed under penalty of perjury, and failure to do so warrants dismissal.
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S.D. Fla.·
2025-12-09
The court recommended dismissal without prejudice for failure to prosecute and comply with court orders.
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S.D. Fla.·
2025-12-09
The court recommends dismissal of the case without prejudice for failure to prosecute and comply with court orders.
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S.D. Fla.·
2025-12-05
The court recommends dismissal of the case without prejudice for failure to prosecute and comply with court orders.
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M.D. Fla.·
2025-11-14
A defendant is entitled to attorneys' fees as the prevailing party when a plaintiff's case is involuntarily dismissed for failure to prosecute, even if the dismissal is without prejudice.
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S.D. Fla.·
2025-11-04
The court held that the plaintiff's claims are time-barred because the current lawsuit was filed outside the statutory limitations period, and the prior dismissal, though without prejudice, was effectively with prejudice due to the statute of limitations.
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S.D. Fla.·
2025-10-22
The court accepted the magistrate judge's report and recommendation, dismissing the case without prejudice for failure to prosecute and comply with court orders.
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This is a civil rights action filed pro se by Michael Eugene Wilks, Jr. against law enforcement officers. The District Court dismissed the case without prejudice for the plaintiff's failure to comply with court orders requiring him to file a proper in forma pauperis form and an a
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The court recommends dismissal of the complaint without prejudice due to the plaintiff's repeated failure to comply with court orders to file an amended complaint.
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S.D. Fla.·
2025-10-09
The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because he did not sufficiently allege a substantial risk of serious harm or that the defendant acted with subjective criminal recklessness.
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N.D. Fla.·
2025-10-08
The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.