Intentional Relinquishment Of A Known Right

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

• Rubin F. Needel v. Palmer C. Scafati
  412 F.2d 761· 1st Cir.· 1969-03-20 ·cited 66×
  The federal court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting all relevant evidence and arguments to the state courts first. The state courts must be given the opportunity to rule on the complete record.
• United States v. Faruolo
  506 F.2d 490· 2d Cir.· 1974-10-29 ·cited 50×
  Consent to search obtained after an agent stated a warrant would be applied for and likely obtained is not per se invalid, but the totality of circumstances must be carefully scrutinized.
• Anthony v. Gary J. Rotella & Assocs., P.A.
  906 So. 2d 1205· Fla. 4th DCA· 2005-07-20 ·cited 45×
  Eric Anthony, a non-resident of Florida, appealed the trial court's denial of his motion to quash service of process. The appellate court reversed, holding that Anthony did not waive his right to personal service and that the trial court erred in finding his co-worker was authori
• Johnson v. State
  460 So. 2d 954· Fla. 5th DCA· 1984-12-13 ·cited 44×
  Johnson challenges the trial court's vacating of his accepted nolo contendere pleas and reinstatement of original charges, arguing a violation of double jeopardy rights. The court holds that double jeopardy violations constitute fundamental error correctable without contemporaneo
• O'Brien v. O'Brien
  424 So. 2d 970· Fla. 3d DCA· 1983-01-11 ·cited 44×
  The court held that the wife did not waive her claim for child support arrearages by inaction or by refusing visitation, as the dissolution judgment initially omitted child support provisions due to the husband's failure to disclose the child.
• Launius v. United States
  575 F.2d 770· 9th Cir.· 1978-05-26 ·cited 40×
  A guilty plea does not waive a double jeopardy claim challenging the constitutionality of the charge itself, even if the plea bargain induced prosecutorial concessions.
• United States ex rel. Carl G. Gerchman v. Mahoney
  355 F.2d 302· 3d Cir.· 1966-01-11 ·cited 36×
• Chicago Coll. OF Osteopathic Med. v. George A. Fuller Co.
  719 F.2d 1335· 7th Cir.· 1983-10-14 ·cited 35×
  The court held that the subcontractor's waiver of delay claims was enforceable under Illinois law, and that the general contractor's claim for indemnity against the owner and architect failed. The court also found that the jury instructions regarding the general contractor's brea
• Int'l Travelers Cheque Co. v. Bankamerica Corp. & Bank of Am. Nat'l Tr. & Sav. Ass'n
  660 F.2d 215· 7th Cir.· 1981-08-26 ·cited 34×
  A national bank can only be sued in the district where it is established, and initiating an opposition proceeding before the Patent and Trademark Office does not waive this venue protection. Furthermore, a party cannot appeal a dismissal based on failure to join an indispensable
• Mora v. Abraham Chevrolet-Tampa, Inc.
  913 So. 2d 32· Fla. 2d DCA· 2005-09-21 ·cited 32×
  Angelo Mora appeals an order compelling arbitration of his whistleblower suit against his former employer. The court reversed, holding that the employer waived its right to arbitration by filing an answer with affirmative defenses and participating in discovery without raising th
• Arbogast v. Bryan
  393 So. 2d 606· Fla. 4th DCA· 1981-02-04 ·cited 32×
  Bryan, a real estate salesman, sued his former employer for withheld commissions, claiming the broker wrongfully deducted fees paid to a consultant. The appellate court reversed the trial court's judgment for Bryan, holding that he waived his right to payment by silently acceptin
• Calland v. United States
  323 F.2d 405· 7th Cir.· 1963-10-10 ·cited 32×
  The court held that a late petition for appeal, filed more than six months after the statutory period, requires a showing of plain reversible error, not just counsel's failure to act.
• Progressive Express Ins. Co. v. Michel Camillo and Jean-Paul Camillo
  80 So. 3d 394· Fla. 4th DCA· 2012-02-08 ·cited 28×
  Progressive Express Insurance Company appeals a summary judgment declaring that coverage existed under an automobile policy for an accident occurring after the policy lapsed. The Fourth District Court of Appeal reverses, holding that an insurer may accept renewal premiums and rei
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• United States v. Presley
  478 F.2d 163· 5th Cir.· 1973-05-04 ·cited 20×
  The court held that appellants should have been permitted to withdraw their nolo contendere pleas and proceed to trial, as the intervening Supreme Court decision raised substantial questions about the federal nature of the charges.
• Tennon v. Ricketts
  574 F.2d 1243· 5th Cir.· 1978-06-13 ·cited 18×
  A fugitive's inability to comply with state procedural rules for challenging grand jury composition, caused by their own flight, does not violate due process and does not excuse timely filing requirements.
• Green v. ED Ricke & Sons, Inc.
  438 So. 2d 25· Fla. 3d DCA· 1983-07-19 ·cited 17×
  A three-year-old child injured by boiling water from a faulty water heater sued the general contractor that installed it after settling with prior defendants. The trial court committed cumulative prejudicial errors by repeatedly violating a pretrial order prohibiting disclosure o
• Limbaugh v. Merrill Lynch
  732 F.2d 859· 11th Cir.· 1984-05-21 ·cited 16×
  Absent contractual or other authorization, a stockbroker cannot unilaterally liquidate a customer's cash account to cover a debt arising from a separate transaction.
• Cont'l Real Est. Equities, Inc. v. Rich MAN Poor MAN, Inc.
  458 So. 2d 798· Fla. 2d DCA· 1984-10-17 ·cited 14×
  A shopping mall owner sought to collect back real estate taxes from a tenant after failing to bill for nearly two years. The court held that the lessor's combined failure to bill, coupled with the mall manager's statement that there would be no tax charges in the first year, cons
• Chapman v. State
  389 So. 2d 1065· Fla. 5th DCA· 1980-10-22 ·cited 13×
  A defendant who fails to timely move against an information raising a double jeopardy defense waives that defense, even if the merits of the double jeopardy claim are sound.
• Chaikin v. Parker Waichman LLP
  253 So. 3d 640· Fla. 2d DCA· 2017-10-11 ·cited 12×
  Jordan Chaikin appealed a trial court order compelling arbitration of his counterclaims against his former law firm, Parker Waichman LLP. The Florida District Court of Appeal, Second District reversed, holding that Parker Waichman waived its right to arbitration by initiating lit
• Garner v. Margery Lane, Inc.
  242 So. 2d 776· Fla. 4th DCA· 1970-11-13 ·cited 12×
  Hotel guests sued for losses from an armed robbery of safety deposit boxes at the hotel, with the hotel claiming immunity under Florida's innkeeper liability statute limiting recovery to $1,000 per guest. The court reversed summary judgment, holding that the hotel waived and was
• Truly Nolen OF Am., Inc. v. King Cole Condo. Ass'n, Inc.
  143 So. 3d 1015· Fla. 3d DCA· 2014-07-23 ·cited 10×
  Truly Nolen appealed a trial court order denying its motion to compel arbitration on the ground that it had waived the right by simultaneously filing a motion to transfer venue. The Third District Court of Appeal reversed, holding that filing pre-answer motions simultaneously wit
• Lydon v. Justices OF the Boston Mun. Court
  698 F.2d 1· 1st Cir.· 1982-12-30 ·cited 10×
  The court held that a defendant's election of a two-tier trial system does not constitute a waiver of the right to challenge the sufficiency of the evidence presented at the first-tier trial.
• Costello v. THE Curtis Bldg. P'ship
  864 So. 2d 1241· Fla. 5th DCA· 2004-01-30 ·cited 8×
  In a landlord-tenant dispute, Costello appeals a summary judgment enforcing a tenant's purchase option in a 1925 lease. The court reverses, holding that the landlord did not waive her right to challenge the validity of the purchase option despite accepting rent for 75 years, and
• Sunshine Meadows Condo. Ass'n, Inc. v. Bank ONE
  599 So. 2d 1004· Fla. 4th DCA· 1992-04-22 ·cited 8×
  A mortgagee holding a mortgage on property that later becomes part of a phased condominium's common elements cannot foreclose against individual condominium units in other phases, because statutory law and the condominium declaration prohibit liens against the condominium propert
• United Forest Prods. Co. v. Baxter
  452 F.2d 11· 8th Cir.· 1971-12-09 ·cited 8×
  The court held that the trial court's jury instruction on waiver, which stated that entering into a new contract or receiving a substantial concession after discovering fraud is presumed to be a waiver, was not erroneous, even with the inclusion of the word 'presumed,' and affirm
• Adkins v. Smith
  197 So. 2d 865· Fla. 4th DCA· 1967-04-06 ·cited 8×
  Dorothy Adkins challenges the discharge of a jury before verdict in her first-degree murder trial, claiming it violates her double jeopardy protection. The appellate court holds that while the trial judge lacked proper grounds to declare a mistrial, Adkins consented through her c
• Knight v. State
  267 So. 3d 38· Fla. 1st DCA· 2016-07-28 ·cited 7×
  Arnold Knight was convicted of attempted second-degree murder for severely beating his former girlfriend with a hydraulic jack handle. On appeal, the court addressed whether an erroneous jury instruction on attempted voluntary manslaughter—which incorrectly included an intent-to-
• Barbon-Zurita v. State
  415 So. 2d 824· Fla. 3d DCA· 1982-06-22 ·cited 6×
  Rolando Barbon-Zurita was convicted of second-degree murder and firearm offenses after a joint trial with a co-defendant. He appealed, challenging the denial of his motion to sever tried during trial, but the court affirmed because he had earlier stipulated to a joint trial despi
• Gregory Bailey, M.D. v. Women's Pelvic Health, LLC
  309 So. 3d 698· Fla. 1st DCA· 2020-11-18 ·cited 5×
  The appellate court affirmed a lower court's decision denying a motion to stay arbitration. The court found that the employer's claim for indemnification against the physician arose out of their employment agreements, which contained broad arbitration clauses, and was therefore a
• State Farm Fla. Ins. Co. v. Nordin
  312 So. 3d 200· Fla. 1st DCA· 2021-02-24 ·cited 4×
  The appellate court reversed a trial court's decision that an insurance company waived its right to appraisal by participating in litigation. The court found that the insurer's actions were consistent with its right to appraisal and that it invoked appraisal at the first reasonab
• Garland Leeds v. State
  187 So. 2d 77· Fla. 2d DCA· 1966-06-01 ·cited 4×
  The court held that a silent record is insufficient to establish a waiver of counsel, and a motion for post-conviction relief should not be denied without a hearing if it raises a genuine issue regarding the waiver, but the motion was defective for failing to allege insolvency at
• Smith v. Carlton
  348 So. 3d 52· Fla. 5th DCA· 2022-09-23 ·cited 2×
  A buyer does not waive the right to pursue money damages for breach of a real estate sale contract merely by proceeding to closing when the seller has failed to remove trash or convey all fixtures, particularly where the buyer had no prior knowledge of the removed fixtures and pr
• Heritage Prop. & Cas. Ins. Co. v. Superior Contracting & Env't Specialties, LLC
  314 So. 3d 743· Fla. 2d DCA· 2021-03-26 ·cited 2×
  The appellate court reversed a lower court's order compelling an insurance appraisal, finding that the assignee of the policyholder's rights had waived its right to appraisal by actively participating in litigation. This decision clarifies that engaging in extensive discovery and
• Black Knight Servicing Techs., LLC v. PennyMac Loan Servs., LLC
  310 So. 3d 1116· Fla. 1st DCA· 2021-01-06 ·cited 2×
  The appellate court affirmed a trial court's order compelling arbitration. Black Knight argued PennyMac waived its right to arbitration by filing a separate lawsuit, but the court found no evidence of intent to relinquish the arbitration right, and any doubts were resolved in fav
• Philip Morris USA Inc. v. Gertrude Marchese for the Estate of Salvatore Marchese
  231 So. 3d 473· Fla. 4th DCA· 2017-11-22 ·cited 2×
  In this tobacco wrongful death case, the Fourth District Court of Appeal reversed the trial court's reduction of compensatory damages based on comparative fault, holding that the tobacco companies waived their right to such reduction by repeatedly assuring the jury throughout tri
• Johnson v. Harrell
  922 So. 2d 1056· Fla. 1st DCA· 2006-03-10 ·cited 2×
  A party waives their right to arbitration if they initiate a lawsuit seeking to litigate the same issues that are subject to arbitration.
• First Pa. Bank, N.A. v. Oreck
  357 So. 2d 743· Fla. 4th DCA· 1978-04-10 ·cited 2×
  First Pennsylvania Bank appealed an order denying its motion to dismiss for improper venue in a breach of contract suit filed in Florida. The court held that national banking associations can only be sued in state courts in the county where they maintain a branch office, and the
• Chassen v. United States
  207 F.2d 83· 2d Cir.· 1953-09-04 ·cited 2×
  An amendment to a proof of claim in bankruptcy, even if filed after the statutory period, is valid if no party changed their position to their detriment in reliance on the previous statement.
• Naples Ests. Ltd. P'ship v. Muston
  327 So. 3d 419· Fla. 2d DCA· 2021-09-10 ·cited 1×
  Naples Estates Limited Partnership appealed a judgment awarding it only $30,600 in damages for rent allegedly owed by mobile home owners Pamela Muston and William Bailie from October 2015 through December 2019, rather than the additional $4,569.73 for the twenty-four months prece
• SHP IV Harbour Island, LLC. v. Boylan
  273 So. 3d 249· Fla. 5th DCA· 2019-05-24 ·cited 1×
  In this assisted living facility negligence case, the Florida District Court of Appeal, Fifth District affirmed a trial court's denial of defendants' motion to compel arbitration, holding that the defendants waived their arbitration rights by engaging in discovery on the merits o
• Davis v. Bank of Am.
  Fla. 2d DCA· 2022-09-30
  Charles Davis appeals a trial court's denial of his motion to compel arbitration regarding Bank of America's counterclaim arising from a disputed $20,000 cashier's check transaction. The court reversed the trial court's denial of the arbitration motion and remanded for entry of a
• Wallace v. Beaulieu Fawcett
  15th Cir. Ct. App. Div.· 2020-07-20
  An attorney moved to compel arbitration of a client's small claims action over three years after the client filed suit, during which time the attorney had appeared at hearings, filed motions, and participated in discovery on the merits. The appellate court reversed, holding that
• SHP IV Harbour Island, LLC. v. Boylan
  Fla. 5th DCA· 2019-03-29
  This case involves an appeal from a trial court's denial of a motion to compel arbitration in a negligence case against an assisted living facility. The appellate court affirmed the denial, finding that the facility's actions constituted a waiver of their right to arbitration.
• Adkins v. Mem'l Motors, Inc.
  260 So. 3d 408· Fla. 2d DCA· 2018-11-28
  A party's failure to pay arbitration fees in a prior unrelated proceeding does not constitute a waiver of its right to arbitrate in a subsequent proceeding, particularly where the party promptly remedies the earlier default upon learning of it and takes no actions inconsistent wi
• Glendall W. and Calliope D. Gettings v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2009-08-13
  The Ninth Judicial Circuit Court affirmed a Special Magistrate's order finding that property owners violated Orange County's shoreline alteration and dredge-and-fill ordinance when they constructed a seawall without required permits. The court rejected the owners' defenses of equ
• Raymond v. Halifax Hosp. Med. Ctr.
  466 So. 2d 253· Fla. 5th DCA· 1985-02-07
  This case addresses whether an insured's estate can sue its insurer for mistakenly paying a hospital bill for a preexisting condition that was explicitly excluded from coverage, where the hospital voluntarily refunded the payment to the insurer. The court held that the estate has
• Pollock v. NEW York Life Ins. Co.
  691 F.2d 961· 10th Cir.· 1982-11-04
  The court held that the insurance company did not waive its right to enforce the lapse of the policies because the facts did not demonstrate an intentional relinquishment of a known right, nor did the company's conduct induce reliance or constitute fraud.
• Morgan v. Thomas
  448 F.2d 1356· 5th Cir.· 1971-09-17