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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M.D. Fla.·
2020-01-14
The court denied the motion to dismiss for failure to prosecute, denied the plaintiff's motion for extension, and ordered the plaintiff's counsel to pay the defendant's attorneys' fees and costs for attending a missed mediation, while also referring the parties to mediation.
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S.D. Fla.·
2019-12-27
The court held that the defendant's repeated failure to comply with discovery orders, despite multiple directives and warnings, constituted willful non-compliance justifying severe sanctions.
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M.D. Fla.·
2019-11-13
A stipulation of dismissal, if clear and unconditional, is self-executing and divests the court of jurisdiction upon filing.
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M.D. Fla.·
2019-10-04
The court denied the request for sanctions (dismissal) but granted the motion to compel further discovery, ordering plaintiffs to provide amended responses and awarding defendant attorney's fees for the motion.
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M.D. Fla.·
2019-08-08
The court held that the plaintiff's amended complaint was subject to dismissal for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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The Court of Common Pleas erred in denying the appellant's motion to amend her complaint to include quasi-contractual claims, as the appellee impliedly consented to try these issues by not objecting to the evidence presented and by referencing similar claims in the pretrial stipu
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The Court denied the defendant's motion for summary judgment, finding that genuine issues of material fact existed regarding the plaintiff's employee status, the amount of wages owed, and whether the Christensens could be held personally liable under the Delaware Wage Payment and
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Del. Super. Ct.·
2003-10-14
The court granted the plaintiffs' motion to amend their complaint, finding that justice required permitting the amendment. The court determined that the proposed amendments related back to the date of the original filing and that the defendants would not be unduly prejudiced.
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The court denied the plaintiff's motion to be excused from filing a trial brief and granted the plaintiff's motion to accept the late-filed brief, but prohibited the plaintiff from introducing any exhibits at trial.
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996 F.2d 261·
10th Cir.·
1993-06-22
The court held that the district court did not abuse its discretion in dismissing the plaintiffs' case with prejudice as a sanction for repeated noncompliance with court orders and failure to prosecute.
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993 F.2d 1·
1st Cir.·
1993-05-11
The court vacated the dismissal and remanded to the district court to decide whether to allow the case to proceed, considering the statute of limitations issue.
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992 F.2d 458·
2d Cir.·
1993-05-03
The court held that the district court did not abuse its discretion in dismissing the action with prejudice and imposing monetary sanctions on counsel due to the attorney's failure to comply with court orders and prosecute the action.
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992 F.2d 447·
2d Cir.·
1993-04-30
The court held that a district court has the power to dismiss claims on res judicata grounds even if the defense is not raised in the pleadings, and that new claims were properly dismissed for failure to state a claim.
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992 F.2d 100·
7th Cir.·
1993-04-21
The court held that a prior dismissal for want of prosecution, even if potentially erroneous, has preclusive effect and bars subsequent litigation, absent established exceptions or timely appeal.
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The court affirmed the district court's judgment, holding that the plaintiff failed to prove by a preponderance of the evidence that the chromium contamination was caused by an 'accident' during the period of the defendant insurer's coverage.
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984 F.2d 875·
7th Cir.·
1993-01-29
The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
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984 F.2d 160·
6th Cir.·
1993-01-19
The court held that the district court abused its discretion by dismissing the case for failure to prosecute, as there was no clear record of delay or contumacious conduct by the plaintiff.
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963 F.2d 1258·
9th Cir.·
1992-05-07
The court held that dismissing a pro se prisoner's civil rights action for failing to remove 'et al' from the caption was an abuse of discretion.
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960 F.2d 603·
6th Cir.·
1992-04-06
The court held that the district court did not abuse its discretion in denying the motion to set aside the dismissal for lack of prosecution, as the attorney's conduct was culpable and the claims lacked merit.
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959 F.2d 153·
9th Cir.·
1992-03-25
In a diversity action, a federal rule of civil procedure applies over a state rule if they are coextensive and the federal rule is within constitutional power and the Rules Enabling Act, unless strong Erie considerations mandate otherwise.
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958 F.2d 204·
8th Cir.·
1992-02-26
The court held that the district court did not abuse its discretion in dismissing the action with prejudice for a pattern of intentional delay and failure to comply with discovery orders.
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954 F.2d 1429·
8th Cir.·
1992-01-24
The court held that BBCA's notice of appeal was untimely because it was filed more than sixty days after the original dismissal order, and neither the IRS's motion to amend nor BBCA's motion to reconsider qualified as a Rule 59 motion to extend the appeal period.
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590 F. App'x 613·
M.D. Fla.·
1991-10-04
The court denied defendants' motion to dismiss the second amended complaint and plaintiffs' motion for rehearing on the civil theft claim, finding the amended complaint sufficiently pleaded fraud, undue influence, and breach of fiduciary duty, and that the civil theft claim was p
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916 F.2d 171·
4th Cir.·
1990-10-16
The court held that dismissing a case to penalize blameless taxpayers for their attorneys' misconduct is an abuse of discretion, especially when less drastic sanctions are available.
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907 F.2d 1424·
3d Cir.·
1990-07-20
The court held that the district court properly dismissed the inmate's habeas petition because his refusal to sign a limited power of attorney form, necessary for mail delivery and inspection, was contumacious and made adjudication impossible.
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896 F.2d 635·
1st Cir.·
1990-02-23
The court held that the district court did not abuse its discretion in dismissing the federal claims with prejudice for failure to prosecute and comply with court orders, but the pendent state law claims should have been dismissed without prejudice.
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882 F.2d 93·
4th Cir.·
1989-08-10
The court held that the district court did not abuse its discretion in dismissing the suit for failure to obey a court order, nor in dismissing the claim against Finley.
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881 F.2d 768·
9th Cir.·
1989-08-04
A district court must consider less drastic alternatives before dismissing a prisoner's pro se civil rights suit for failure to appear due to incarceration.
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878 F.2d 1137·
9th Cir.·
1989-06-23
The court held that unsuccessful applicants for foreman registration lacked standing to sue for breach of the collective bargaining agreement because they were neither members of the bargaining unit nor third-party beneficiaries.
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869 F.2d 1175·
8th Cir.·
1989-03-17
The court held that the magistrate did not abuse discretion in dismissing the complaint with prejudice and assessing costs due to the plaintiff's failure to appear for trial and the incredible nature of his excuses.
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855 F.2d 465·
7th Cir.·
1988-08-24
The court held that the district court's reliance on unintroduced expert testimony violated due process, requiring a new trial.
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843 F.2d 293·
8th Cir.·
1988-03-31
The court affirmed the district court's dismissal of claims and award of attorney's fees, finding no bias, lack of jurisdiction, or abuse of discretion.
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839 F.2d 930·
2d Cir.·
1988-02-18
The court held that dismissing the action for failure to prepare a portion of the pretrial order was an abuse of discretion.
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835 F.2d 1126·
5th Cir.·
1988-01-20
The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
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831 F.2d 1238·
4th Cir.·
1987-10-28
The court affirmed the district court's dismissal of all claims and counterclaims, finding that the plaintiffs failed to meet contractual conditions and prove fraud, and that the defendants did not abuse their discretion regarding sanctions or costs.
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The court held that the district court did not improperly allocate the burden of proving good faith under the Petroleum Marketing Practices Act, as the franchisee's own evidence established the franchisor's good faith.
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808 F.2d 978·
2d Cir.·
1987-01-06
The court held that the district court erred in dismissing the in rem action against the ship for lack of diligent prosecution, as prejudice from the delay was not adequately established.
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791 F.2d 605·
7th Cir.·
1986-05-29
The court held that the plaintiff's conversion claim accrued when the defendant refused to return the mould upon demand, and since the action was filed more than two years after that date, it was barred by the Indiana statute of limitations.
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789 F.2d 275·
4th Cir.·
1986-04-24
The court held that the trial court's finding that the plaintiff failed to establish by a preponderance of the evidence that she was qualified for the captain position was not clearly erroneous.
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779 F.2d 215·
4th Cir.·
1985-12-16
The court held that the district court's findings of fact were not clearly erroneous, affirming the dismissal of the civil RICO claims.
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The court held that an unretained attorney whom an injured employee consults for potential FELA representation is a 'person in interest' under 45 U.S.C. § 60, but affirmed the dismissal because the union failed to prove the railroad had a policy or practice of intimidating employ
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732 F.2d 181·
D.C. Cir.·
1984-04-10
The court held that the plaintiffs failed to establish a causal link between the videotaping and their alleged emotional injuries, and that the agency did not act intentionally or willfully in violation of the Privacy Act.
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446 So. 2d 1143·
Fla. 3d DCA·
1984-03-13
A Florida court must give res judicata effect to a federal court's dismissal with prejudice for lack of prosecution, as such a dismissal constitutes an adjudication on the merits under federal law.
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717 F.2d 1227·
8th Cir.·
1983-10-05
The appellate court affirmed the district court's dismissal of the shareholder's claims, finding no clear error in the factual findings or reversible error in the legal conclusions.
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700 F.2d 476·
9th Cir.·
1982-12-30
The dissenting opinion argues that an attorney fee should not be awarded because the claimant's attorney filed premature claims for permanent total disability benefits before the claimant reached maximum medical improvement and before rehabilitation efforts were unsuccessful.
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689 F.2d 770·
8th Cir.·
1982-10-01
The court held that the plaintiff inmate failed to prove that the lack of work opportunities at the prison violated the Eighth Amendment's prohibition against cruel and unusual punishment.
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652 F.2d 375·
4th Cir.·
1981-06-18
The court held that the district court erred in dismissing the case under Rule 83, as Rules 12(b) and 56 provide adequate procedures for disposing of meritless claims.
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The court held that the district court's bifurcated trial and causation analysis were erroneous, requiring reversal and remand.
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618 F.2d 322·
5th Cir.·
1980-06-02
The court held that dismissal of the bank's complaint was an abuse of discretion because the severe sanction was disproportionate to the bank's procedural defaults, and less severe sanctions were available.
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The court held that an involuntary dismissal under Rule 41(b) was improper when there was no failure by the plaintiff to prosecute or comply with rules or orders, and the dismissal was sua sponte without consent.