651 Florida cases classified under this topic, plus 78 listed through its narrower topics · sorted by citation count · browse and sort
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M.D. Fla.·
2023-09-18
The court held that an amended complaint, liberally construed as a request for post-judgment relief, could state a claim for denial of access to courts.
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M.D. Fla.·
2023-08-29
The court denied plaintiffs' motions for reconsideration and recusal, struck their amended supplemental pleading, and dismissed the amended complaint as to Judge Foster.
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M.D. Fla.·
2023-08-28
The court denied the plaintiffs' request for reconsideration of its prior remand order and struck their amended notice of removal.
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S.D. Fla.·
2023-08-07
The court denied the plaintiff's motion for reconsideration because it failed to present new evidence or demonstrate manifest errors of law or fact, and instead sought to relitigate previously decided issues.
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M.D. Fla.·
2023-07-26
The court denied the plaintiffs' motion for recusal, motion for supplemental pleading, and motion for a temporary restraining order, while granting in part and denying in part the defendants' motions to dismiss.
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M.D. Fla.·
2023-07-21
A motion for reconsideration under Rule 59(e) is denied when the moving party has waived arguments by failing to raise them properly and has not demonstrated manifest error of law or fact.
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M.D. Fla.·
2023-07-14
The court denied the plaintiff's motions for relief from judgment and sanctions, finding no newly discovered evidence, fraud on the court, or manifest error of law, and that the plaintiff improperly raised Rule 11 sanctions.
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M.D. Fla.·
2023-07-13
The court held that a certificate of appealability is required to appeal the denial of a Rule 60(b) motion in a § 2254 proceeding, and the applicant failed to make a substantial showing of the denial of a constitutional right.
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S.D. Fla.·
2023-06-12
The court denied the plaintiff's motion for reconsideration because it was procedurally deficient for failing to confer with opposing counsel and substantively deficient as it failed to present new evidence or demonstrate manifest error of law or fact.
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M.D. Fla.·
2023-05-26
The court denied the plaintiff's motion for reconsideration to transfer the case, finding he failed to meet the standards for reconsideration and that a transfer was not in the interest of justice.
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The court held that its prior order remanding the case to state court is not reviewable, and therefore denied the plaintiff's motion for reconsideration.
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M.D. Fla.·
2023-04-14
The court denied the plaintiff's motion for reconsideration because he failed to establish manifest errors of law or fact, or present newly discovered evidence.
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M.D. Fla.·
2023-04-14
The court denied the defendant's motion for reconsideration because the defendant failed to establish grounds for reconsideration and summary judgment was premature without allowing the plaintiff adequate discovery.
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M.D. Fla.·
2023-04-13
The court held that a motion for reconsideration is not a vehicle to raise arguments that could have been made earlier, and the plaintiff failed to show sufficient cause for reconsideration.
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M.D. Fla.·
2023-04-10
The court held that a Rule 59(e) motion cannot be used to relitigate old matters or raise arguments that could have been presented earlier.
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M.D. Fla.·
2023-04-06
The court denied the plaintiff's motion for reconsideration because the plaintiff failed to present newly discovered evidence or demonstrate manifest errors of law or fact.
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S.D. Fla.·
2023-04-03
A third-party bad faith claim against an insurer is premature until coverage and liability are determined, just as in first-party claims.
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M.D. Fla.·
2023-03-31
The court denied the petitioner's motion for reconsideration, finding no manifest error of law or fact in the prior denial of his motion to vacate sentence.
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S.D. Fla.·
2023-03-31
The court held that a final judgment must be amended to remove individual liability for Title VII claims against a supervisor, as Title VII only allows claims against the employer. The court also found that its prior termination of post-trial motions was not a final disposition,
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The court granted in part and denied in part the motion for reconsideration, allowing the plaintiff one final opportunity to amend his official capacity claim against the Sheriff, but denying reconsideration of the dismissal of official capacity claims against the deputies.
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M.D. Fla.·
2023-01-20
The court denied the plaintiff's motions for reconsideration because they failed to meet the legal standard for such motions and attempted to relitigate issues already decided.
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M.D. Fla.·
2023-01-20
The Court defers ruling on Plaintiff's motion for reconsideration pending further compliance with court directives.
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M.D. Fla.·
2023-01-09
The court denied the respondent's motion for reconsideration because it was untimely and lacked standing.
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M.D. Fla.·
2023-01-04
The court denied the plaintiff's motion for reconsideration because the arguments presented did not meet the criteria for granting such a motion under Rule 59(e).
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M.D. Fla.·
2022-12-29
The court denied the plaintiff's motion for reconsideration because it raised new arguments that should have been presented earlier, rather than addressing manifest errors of law or fact.
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M.D. Fla.·
2022-12-20
The court held that the plaintiff's motion to alter or amend the order granting summary judgment must be denied because the submitted evidence was not newly discovered and could have been presented earlier.
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M.D. Fla.·
2022-12-12
The court denied all of Petitioner's post-conviction motions, finding none merited relief and denying a certificate of appealability for any future appeal.
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M.D. Fla.·
2022-12-09
The court denied the motion for reconsideration, finding that a genuine dispute of material fact existed regarding the defendant's knowledge of the plaintiff's protected activity.
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M.D. Fla.·
2022-12-06
The court sustained defendants' objection to the magistrate's report and remanded for a determination of the reasonableness of attorney's fees incurred after a specific date.
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M.D. Fla.·
2022-12-06
The court sustained defendants' objection to the magistrate judge's report and remanded for further consideration of attorney's fees.
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S.D. Fla.·
2022-11-15
Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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M.D. Fla.·
2022-11-14
The court denied the plaintiffs' motion for reconsideration because they failed to demonstrate a mistake, newly discovered evidence, or clear error, and did not properly effect service.
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M.D. Fla.·
2022-11-10
The court granted reconsideration regarding the removal of Dr. Babb's Advanced Scope, finding it time-barred as a discrete act, but denied reconsideration of Dr. Martinez's transfer, as the VA failed to raise the argument previously.
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S.D. Fla.·
2022-10-21
The court denied the motion to alter or amend judgment because the movant failed to demonstrate clear error or manifest injustice, instead merely disagreeing with the court's weighing of evidence.
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S.D. Fla.·
2022-10-20
The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
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M.D. Fla.·
2022-10-17
The court denied the motion for reconsideration because the petitioner failed to demonstrate manifest errors of law or fact in the original dismissal of his habeas petition.
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The court held that a motion to vacate judgment and reinstate a case, filed within twenty-eight days, should be treated as a Rule 59(e) motion and granted to prevent manifest injustice, allowing the plaintiff to correct jurisdictional defects.
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S.D. Fla.·
2022-10-11
The court held that a motion for reconsideration should be granted to allow a party to amend its complaint to add a reformation claim, based on newly discovered evidence.
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S.D. Fla.·
2022-10-05
A motion for reconsideration is an extraordinary remedy not to be used for mere disagreement with a prior ruling, and the defendant failed to establish grounds for reconsideration.
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M.D. Fla.·
2022-09-15
The court held that the petitioner failed to present valid grounds for reconsideration of the dismissal of his § 2241 petition under Rule 59(e).
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M.D. Fla.·
2022-09-02
The court held that summary judgment for the insurer on the duty to defend is not warranted because the insured's employment status is a disputed fact, and the insurer has not met its burden to show that policy exclusions apply.
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Former students Kareem Britt and Sharon Henry sought to challenge a federal court's order compelling them to arbitration rather than pursue their lawsuit against Florida Career College, but the court rejected both their motion for reconsideration and their motion to certify the o
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The court denied the defendant's motion for reconsideration or to brief issues, finding no manifest error of law or fact and that the issues raised had already been addressed.
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M.D. Fla.·
2022-07-25
The court held that the plaintiff's motion for reconsideration was unwarranted as it failed to present any basis for altering the prior dismissal order and was an attempt to relitigate previously decided matters.
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M.D. Fla.·
2022-07-11
The court held that the petitioner's motion, construed as a Rule 60(b) motion, was untimely and lacked extraordinary circumstances to reopen the case.
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S.D. Fla.·
2022-06-22
The court held that a Rule 59(e) motion cannot be used to present evidence that could have been raised earlier or to relitigate issues, and denied the motion as a result.
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M.D. Fla.·
2022-06-14
The court held that a dismissal without prejudice is in the plaintiff's best interest and denied the motion for reconsideration.
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M.D. Fla.·
2022-05-19
The court held that the plaintiff's motion to reconsider the dismissal was denied because it lacked merit and failed to demonstrate manifest errors of law or fact.
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M.D. Fla.·
2022-05-19
The court held that respondents' motion for reconsideration was untimely and failed to present grounds for relief, as the arguments raised should have been made in a timely response and did not demonstrate manifest error of law or fact.
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M.D. Fla.·
2022-05-16
The court denied the plaintiff's motion for reconsideration and certification for interlocutory appeal, finding no grounds to disturb the prior summary judgment ruling or justify an immediate appeal.