Imputed Notice

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

• Rash N'Karry Wholesale Supermarkets, Inc. v. Ceasar V. Garcia
  221 So. 2d 786· Fla. 2d DCA· 1969-04-18 ·cited 41×
  In this negligence case, the trial court entered summary judgment for the defendant supermarket, but later set it aside after the plaintiff filed motions to reconsider. The appellate court reversed and remanded to determine whether the plaintiff's counsel's delay in receiving not
• Avery W. Crawford and Lula Belle Crawford v. Fla. Steel Corp.
  478 So. 2d 855· Fla. 1st DCA· 1985-11-08 ·cited 40×
  Crawford, an employee of North Florida Erection Company, was injured while working at Florida Steel's mill and sued Florida Steel for negligence. The trial court granted summary judgment for Florida Steel based on Crawford's status as either an independent contractor's employee o
• Lesnoff v. Ambrose F. Becker
  101 Fla. 716· Fla.· 1931-05-28 ·cited 31×
  This case concerns whether a subsequent purchaser of property had notice of a prior unrecorded mortgage. The court affirmed the lower court's decision, finding that the purchaser did not have actual or constructive notice of the mortgage.
• Arthur v. Unicare Health Facilities, Inc.
  602 So. 2d 596· Fla. 2d DCA· 1992-06-19 ·cited 27×
  The personal representative of deceased nursing home residents appeals summary judgment dismissing medical malpractice claims on statute of limitations grounds. The court reversed, holding that the discovery rule requires conscious awareness of injury, and that notice to a family
• Nat'l Fam. Ins. Co. v. Exch. Nat'l Bank OF Chicago
  474 F.2d 237· 7th Cir.· 1973-02-20 ·cited 24×
  The court held that the plaintiff's action was barred by the statute of limitations because the plaintiff knew or should have known of its cause of action more than five years prior to filing suit, and any right to a jury trial on the limitations issue was waived.
• Belcher v. Eileen and Charles Ferrara
  511 So. 2d 1089· Fla. 3d DCA· 1987-09-01 ·cited 16×
  This case involves an appeal from an order denying a motion for relief from a $3,000,000 judgment. The appellate court reversed the trial court's initial order vacating the judgment due to lack of jurisdiction while an appeal was pending, and remanded for an evidentiary hearing.
• Josiah-Faeduwor v. Commc'ns Satellite Corp.
  785 F.2d 344· D.C. Cir.· 1986-03-11 ·cited 11×
  The court held that for private sector Title VII actions, notice of a right-to-sue letter can be imputed to a plaintiff from their counsel's receipt, and equitable tolling is not warranted when the plaintiff failed to notify the EEOC of an address change.
• Levendos v. Stern Ent., Inc.
  909 F.2d 747· 3d Cir.· 1990-07-25 ·cited 8×
  The court held that a strict notice requirement is not a prerequisite for a constructive discharge claim under Title VII, and that notice to supervisory employees or inferred knowledge by executive management can establish employer liability.
• Bagley v. The W. Cas. & Sur. Co.
  505 So. 2d 678· Fla. 1st DCA· 1987-04-21 ·cited 8×
  The court held that notice to a corporation is not automatically imputed to an individual officer or associate in an action against them in their individual capacity, and disputed issues of fact regarding notice and forgery preclude summary judgment.
• Carroll W. Britton v. Green
  325 F.2d 377· 10th Cir.· 1963-11-29 ·cited 8×
  The court held that a receiver could be appointed for the mortgaged property under the second claim, as the mortgage expressly allowed it, and absent co-tenants were not indispensable parties to that specific relief. However, a receiver could not be appointed under the first clai
• Woodard v. Fla. State Univ.
  518 So. 2d 336· Fla. 1st DCA· 1987-12-15 ·cited 6×
  This case concerns whether a tenured professor's request for an administrative hearing to contest his termination was timely filed. The court held that notice of termination sent to the professor's attorney constituted sufficient notice to the professor, making his subsequent req
• Rhiner v. Takashi Koyama
  327 So. 3d 314· Fla. 4th DCA· 2021-09-08 ·cited 5×
  Alfred Rhiner appealed the trial court's dismissal of his medical malpractice complaint against Dr. Takashi Koyama for failure to comply with Florida's pre-suit notice requirements. The appellate court reversed, holding that the trial court improperly looked beyond the complaint'
• Tompkins v. JIM Walter Homes, Inc.
  656 So. 2d 963· Fla. 5th DCA· 1995-06-30 ·cited 4×
  Helen Blackmon appeals a foreclosure judgment entered against her by Jim Walter Homes, Inc. Blackmon argues that Jim Walter was precluded from foreclosing because she mailed a partial payment before foreclosure was filed and because Jim Walter's prior acceptance of late payments
• T.E. James Constr. Co. & Executive Risk Consultants, Inc. v. Hartley
  616 So. 2d 548· Fla. 1st DCA· 1993-03-30 ·cited 4×
  The court held that there was insufficient evidence to support the temporary total disability award, but T.E. James was properly established as the statutory employer.
• Hurley v. S. Cal. Edison Co.
  183 F.2d 125· 9th Cir.· 1950-05-25 ·cited 4×
  The court held that the company could not rely on a dividend order as a defense for payments made when the payments were not made pursuant to that order.
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Lucian Hileman
  897 F.2d 1277· 4th Cir.· 1990-03-12 ·cited 2×
  The Benefits Review Board acted within its discretion by dismissing the Director's appeal for failure to transmit the administrative record, as this failure was imputable to the Director through his supervisory authority over the record custodian.
• State OF Miss. ex rel. v. J.W. "Jake" Richardson
  817 F.2d 1203· 5th Cir.· 1987-06-01 ·cited 2×
  The court held that neither the insured nor the county provided timely notice of the claim to the insurer, and the insured's actions constituted deliberate dishonesty or fraud, thus barring coverage.
• Frances Young and her husband v. Naples Cmty. Hosp., Inc.
  129 So. 3d 456· Fla. 2d DCA· 2014-01-03 ·cited 1×
  Frances and Phillip Young appealed a summary judgment granted in favor of radiology defendants Nighthawk Radiology Services and Dr. Jason Grennan in a medical malpractice action arising from a misread CT scan. The appellate court reversed, holding that notice of intent to sue giv
• Macauley v. Collier Cnty. Sheriff Off.
  M.D. Fla.· 2022-02-01
  The court held that the estate's negligence claim should not have been dismissed with prejudice for failing to meet presuit screening requirements, as the estate attempted to comply within the statute of limitations.
• Hasselback v. Fla. Dep't OF Env't Prot.
  54 So. 3d 637· Fla. 1st DCA· 2011-02-28
  The court held that the Department of Environmental Protection's (DEP) dismissal of a petition as untimely was not supported by competent, substantial evidence.
• Bogdanoff v. Broken Sound Club, Inc
  15th Cir. Ct. App. Div.· 2008-10-15
  The appellate court reviewed default judgments entered against Robert and Lori Bogdanoff by the trial court. The court held that while Lori was properly served with notice of the default application and the default was properly entered against her, Robert was not provided the req
• Application of Jesus Flores Francisco and Rita F. Francisco v. Look
  537 F.2d 379· 9th Cir.· 1976-06-10
  The court held that failure to provide personal service to an adjoining landowner, who had a recorded claim and was known to the petitioners' attorney and surveyor, deprived the trial court of jurisdiction to issue a land registration decree.