Hearing On The Merits

17 Florida cases classified under this topic · sorted by citation count · browse and sort

• Gratehouse v. The United States
  512 F.2d 1104· Ct. Cl.· 1975-03-19 ·cited 44×
  The court held that while the plaintiff is not entitled to immediate back pay or reinstatement, the case must be remanded to the Civil Service Commission for a hearing on the merits of his claim that his resignation was coerced.
• Perkins v. Robert H. Pare, M.D.
  352 So. 2d 65· Fla. 4th DCA· 1977-08-12 ·cited 27×
  The court held that a judicial referee cannot extend the ten-month jurisdictional limit for a mediation hearing under § 768.44, Florida Statutes, as such termination is automatic and final.
• Hewitt v. Henry Caffee, M.D.
  368 So. 2d 1342· Fla. 3d DCA· 1979-03-13 ·cited 24×
  Nancy Hewitt sought a writ of certiorari challenging a medical mediation panel's jurisdiction after it failed to hold a hearing on the merits within six months of her claim filing. The Florida appellate court held that a limited hearing permitting only the introduction of medical
• Puerto Rican Farm Workers ex rel. Felipe Pagan Vidal v. Eatmon
  427 F.2d 210· 5th Cir.· 1970-06-03 ·cited 24×
  The court held that consolidating a preliminary injunction hearing with a trial on the merits without proper notice and consent violates due process.
• Brennan v. Occupational Safety & Health Review Comm'n & Bill Echols Trucking Co.
  487 F.2d 230· 5th Cir.· 1973-11-13 ·cited 22×
  The court held that while the employer's letter could be construed as a notice of contest for the penalty, the Commission improperly vacated the penalty due to the Secretary's delay without a hearing. The citation, however, was not contested and is reinstated.
• Brown v. Quinlan, Inc.
  138 F.2d 228· 7th Cir.· 1943-10-20 ·cited 22×
  The court held that the trial court erred in dismissing the complaint without a hearing on the merits and in failing to make findings of fact and conclusions of law when denying a preliminary injunction.
• COX v. Fla. Mobile Leasing, Inc.
  478 So. 2d 1200· Fla. 4th DCA· 1985-12-04 ·cited 8×
  The court held that a full hearing is necessary before a preliminary injunction can be granted, and findings from a preliminary injunction hearing are not binding on the merits.
• Garcia v. Smith
  680 F.2d 1327· 11th Cir.· 1982-07-19 ·cited 5×
  The court held that while the district court has jurisdiction over an alien stowaway's claims, consolidating hearings on temporary relief with merits requires sufficient notice to the parties.
• Clark v. Clark
  468 So. 2d 259· Fla. 2d DCA· 1985-02-22 ·cited 2×
  The court held that the husband should not be foreclosed from presenting his case on the merits due to his attorney's procedural fault, especially when the issue of default is contested.
• Maisonave v. State
  171 So. 2d 443· Fla. 3d DCA· 1965-02-09 ·cited 2×
  The appellate court affirmed the trial court's denial of a petition for post-conviction relief, finding the grounds alleged were insufficient and refuted by the record, thus not requiring a hearing.
• Lantz Bros. v. Commissioner of Internal Revenue
  139 F.2d 192· 6th Cir.· 1943-12-16 ·cited 2×
  The court held that the Tax Court abused its discretion by dismissing the petition without a hearing on the merits, despite the petitioner's good faith attempt to stipulate facts.
• United States v. Proplast II or Proplast HA
  946 F.2d 422· 5th Cir.· 1991-11-07
  The court held that the district court erred in rescinding a seizure warrant based on preliminary pleadings, as the government is entitled to maintain seizure until a hearing on the merits.
• Ill. Tool Works, Inc. v. Marshall
  601 F.2d 943· 7th Cir.· 1979-07-20
  The court held that government agencies cannot debar a contractor from federal contracts, or take actions tantamount to debarment such as publishing a list of non-complying contractors, without affording the contractor a hearing on the merits. However, certain regulations allowin
• Pouncey v. United States
  350 F.2d 793· D.C. Cir.· 1965-07-03
• Avis M. Pettaway v. Cnty. Sch. Bd. OF Surry Cnty.
  332 F.2d 457· 4th Cir.· 1964-05-25
  The court held that the interlocutory order refusing a preliminary injunction should be affirmed, and the case remanded for a prompt hearing on the merits.
• Mitchell v. United States
  293 F.2d 161· D.C. Cir.· 1961-06-19
  The court should grant a hearing to determine if false testimony was used to convict the appellant.