Jurisdictional Facts

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

• The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale
  325 So. 2d 58· Fla. 4th DCA· 1976-01-16 ·cited 161×
  Elmex Corporation, an Ohio corporation, appealed the denial of its motion to dismiss and quash substituted service of process in a breach of contract action brought by a Florida savings and loan. The court affirmed the denial, holding that the plaintiff adequately alleged jurisdi
• Melvee Tucker v. State
  459 So. 2d 306· Fla.· 1984-10-25 ·cited 95×
  The Florida Supreme Court held that failure to allege venue in an indictment is an error of form rather than substance and does not render the indictment void absent a showing of prejudice to the defendant. The Court also held that a defendant's mere request for jury instructions
• DeMATTEIS v. Eastman Kodak Co.
  511 F.2d 306· 2d Cir.· 1975-02-06 ·cited 86×
  The limitations period for a Title VII claim begins to run upon receipt of the EEOC's dismissal notice, not a subsequent 'Notice of Right to Sue.' A white person has standing under 42 U.S.C. § 1981 to sue for injuries sustained while vindicating the rights of minorities.
• State v. Coleman
  115 Fla. 119· Fla.· 1934-05-26 ·cited 76×
  The Florida Supreme Court held that a governor's suspension of a sheriff under the state constitution may be reviewed by courts only as to whether the suspension order contains jurisdictional facts sufficient to state a ground for suspension, but courts may not review the suffici
• Hilltopper Holding Corp. & Centennial Healthcare Corp. v. Est. OF Cheryl Cutchin
  955 So. 2d 598· Fla. 2d DCA· 2007-03-09 ·cited 59×
  Hilltopper Holding Corporation and Centennial Healthcare Corporation appealed the trial court's denial of their motions to dismiss for lack of personal jurisdiction in a wrongful death nursing home case. The appellate court reversed, holding that the defendants' affidavits suffic
• Anderson Mitchell v. State
  157 Fla. 121· Fla.· 1946-03-01 ·cited 51×
  Anderson Mitchell was indicted for murder in the first degree more than two years after the alleged killing, which would normally violate the statute of limitations. The Florida Supreme Court held that the last paragraph of Section 932.05—which allowed conviction of lesser homici
• Hammond v. Curry
  153 Fla. 245· Fla.· 1943-06-29 ·cited 47×
  Although an administrative official's disciplinary decision is deemed final by statute, courts retain authority to review whether the evidence in the record supports the charges and establishes a legal and reasonable exercise of administrative judgment; dismissal unsupported by e
• Opelika Nursing Home, Inc. v. Elliott L. Richardson
  448 F.2d 658· 5th Cir.· 1971-09-16 ·cited 46×
  The court held that the trial court erred in dismissing the case for lack of subject matter jurisdiction based solely on the pleadings, without allowing the plaintiffs an opportunity to present evidence to support their jurisdictional claim.
• Deans v. Wilcoxon
  18 Fla. 531· Fla.· 1882-01-01 ·cited 42×
  The Florida Supreme Court reversed a Circuit Court judgment that had quashed County Court proceedings for the sale of real estate to pay estate debts. The court held that the County Court had proper jurisdiction over the administrator's petition and that a certiorari proceeding w
• Epping v. Geo. W. Robinson
  21 Fla. 36· Fla.· 1884-06-01 ·cited 41×
  This case addresses the jurisdiction of a Probate Court to grant letters of administration when an intestate dies outside the State but possesses assets (choses in action/debts) within a Florida county. The court held that such assets constitute "goods" under the administration s
• State Ex rel. R. D. Hawkins v. McCALL
  158 Fla. 655· Fla.· 1947-03-25 ·cited 38×
  A police officer with 14-15 years of service and a good record was suspended and removed from the Jacksonville Police Department based on charges of accepting money from a suspect. The Florida Supreme Court reversed his removal, holding that the charges were insufficiently specif
• United States v. Beil
  577 F.2d 1313· 5th Cir.· 1978-08-11 ·cited 37×
  Knowledge that stolen vehicles would move in interstate commerce is not an element of conspiring to violate the Dyer Act, nor is proof of a single overarching conspiracy required if no prejudice results from proving separate conspiracies.
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• DI Frischia v. N.Y. Cent. R.R. Co.
  279 F.2d 141· 3d Cir.· 1960-06-07 ·cited 30×
  The court held that a defendant who stipulates to jurisdiction and then participates in extensive pretrial proceedings cannot later seek to dismiss the action based on a jurisdictional defense that was effectively waived.
• Lucinda M. Holton v. Prosperity Bank OF ST. Augustine
  602 So. 2d 659· Fla. 5th DCA· 1992-07-10 ·cited 24×
  Prosperity Bank sued Lucinda Holton, a Georgia resident and guarantor on a promissory note, in Florida state court. The court must determine whether Florida courts have personal jurisdiction over a nonresident guarantor based on a guaranty agreement executed in Florida with a for
• Local 336, Am. Fed'n OF Musicians, AFL-CIO v. Augustus Bonatz
  475 F.2d 433· 3d Cir.· 1973-03-09 ·cited 24×
  The court held that the district court erred in sua sponte dismissing the complaint for lack of jurisdiction without affording the plaintiffs an opportunity to present evidence establishing that the contract at issue was a Section 301 contract.
• Harney v. William M. Moore Bldg. Corp. & Lopier Constr. Corp.
  359 F.2d 649· 2d Cir.· 1966-04-07 ·cited 24×
  A plaintiff who has only made a claim and obtained voluntary compensation under an automatic state workmen's compensation statute is not barred from pursuing Jones Act remedies.
• Armadora Naval Dominicana, S.A. v. Garcia
  478 So. 2d 873· Fla. 3d DCA· 1985-11-20 ·cited 22×
  A Dominican seaman sued a Dominican shipping company in Florida federal court for injuries sustained aboard a Dominican-flagged vessel under the Jones Act and maritime law. The appellate court reversed the trial court's denial of the defendant's motion to dismiss based on forum n
• Emerson v. Ross' Executrix
  17 Fla. 122· Fla.· 1875-09-02 ·cited 22×
  This case concerns a dispute over title to real estate in Jacksonville, Florida, between an heir who held an unrecorded deed from her deceased mother and purchasers who obtained title through a sale by the mother's administrator pursuant to a Probate Court order. The Florida Supr
• Roadway Express, Inc. v. General Teamsters
  330 F.2d 859· 3d Cir.· 1964-04-29 ·cited 21×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding whether a collective bargaining agreement was formed.
• Walker v. United States Gypsum Co.
  270 F.2d 857· 4th Cir.· 1959-10-05 ·cited 20×
  A manufacturer performing construction work for itself, even if not for others, can be a statutory employer under Virginia's Workmen's Compensation Act, making the injured subcontractor's employee's exclusive remedy a proceeding before the Industrial Commission.
• United States v. Speir
  564 F.2d 934· 10th Cir.· 1977-11-10 ·cited 18×
  The court held that knowledge that the stolen property belonged to the government is not an essential element of the offense under 18 U.S.C. § 641, overruling prior precedent. The court also found sufficient evidence to support the convictions for stealing government property.
• La. Power & Light Co. v. Fed. Power Comm'n
  483 F.2d 623· 5th Cir.· 1973-06-28 ·cited 18×
  The court held that the Federal Power Commission (FPC) correctly asserted jurisdiction over the Green System-East pipeline because it had become sufficiently integrated with interstate gas systems, and the Hinshaw Amendment did not apply to exempt it.
• Seagram-Distillers Corp. v. NEW CUT Rate Liquors, Inc.
  245 F.2d 453· 7th Cir.· 1957-05-23 ·cited 18×
  The court held that the district court erred in finding it had federal jurisdiction because the plaintiff failed to provide competent proof that the amount in controversy exceeded $3,000.
• State v. Henry
  60 Fla. 246· Fla.· 1910-06-01 ·cited 18×
  The Florida Supreme Court held that a writ of error lies to a circuit judge's refusal to issue a writ of quo warranto. The court found that the circuit judge erred in denying the petition, which sought to determine if the conduct leading to the relator's removal from office const
• McCORD v. Cephas
  532 F.2d 1377· D.C. Cir.· 1976-03-24 ·cited 16×
  The court held that the Benefits Review Board erred in vacating the Administrative Law Judge's decision, as the ALJ had jurisdiction under Section 22 to reopen the case for a determination of factual mistake, even regarding jurisdictional facts like employment.
• Gullet v. Gullet
  174 F.2d 531· D.C. Cir.· 1949-04-25 ·cited 16×
  The court held that the district court did not err in finding the Florida divorce decree invalid due to fraud and in subsequently awarding permanent maintenance and holding the appellant in contempt for non-payment.
• Tunno v. The Int'l Ry. & S.S. Co.
  34 Fla. 300· Fla.· 1894-06-01 ·cited 16×
  The Florida Supreme Court dismissed an appeal from Sumter County because the record did not show entry of a final judgment, which is a jurisdictional prerequisite for appellate review in common law actions.
• Grogan v. Nell Archer
  669 So. 2d 289· Fla. 5th DCA· 1996-02-16 ·cited 15×
  David Grogan and Grogan Trucking appealed the trial court's denial of their motion to quash service of process for lack of personal jurisdiction in a wrongful death suit arising from a truck accident in Florida. The court reversed, holding that neither Grogan individually nor Gro
• Hanes Supply Co., Inc. v. Valley Evaporating Co.
  261 F.2d 29· 5th Cir.· 1958-11-07 ·cited 15×
  A federal court in a subsequent action can inquire into the truth of jurisdictional facts alleged in a prior action where service was made on a non-resident defendant who did not appear.
• The Gen. Contracting & Trading Co., LLC v. Interpole, Inc.
  899 F.2d 109· 1st Cir.· 1990-03-27 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing to set aside the default judgment, nor in denying the offset of judgments, nor in awarding attorneys' fees. However, the court found the district court erred in its handling of the personal jurisdicti
• Spears v. Spears
  162 F.2d 345· 6th Cir.· 1947-06-05 ·cited 14×
  The federal court lacks jurisdiction over state probate proceedings, including will contests and estate administration, as these are in rem actions exclusively within the purview of state courts.
• Earvin Smith v. State
  211 So. 3d 176· Fla. 3d DCA· 2016-12-21 ·cited 13×
  Earvin Smith appeals his convictions for armed sexual battery and armed burglary committed in 1990 but prosecuted in 2011 after a DNA match. The court affirmed the sexual battery conviction but reversed the burglary conviction as time-barred by the statute of limitations, and cer
• Vacation Ventures, Inc. v. Holiday Promotions, Inc.
  687 So. 2d 286· Fla. 5th DCA· 1997-01-17 ·cited 13×
  Vacation Ventures, Inc. (WI), a Florida travel services company, appealed the dismissal of its breach of contract claim against Holiday Promotions, Inc., a Canadian corporation, for failure to pay for travel vouchers. The Fifth District Court of Appeal reversed, holding that WI s
• W.C.T.U. Ry. Co. v. Szilagyi
  511 So. 2d 727· Fla. 3d DCA· 1987-08-25 ·cited 12×
  WCTU Railway Company, an Oregon corporation operating only in Oregon with one boxcar incidentally present in Florida due to a lease arrangement, appealed the denial of its motion to dismiss for lack of personal jurisdiction. The court reversed, holding that the plaintiff failed t
• Quivira Mining Co. & Homestake Mining Co. v. United States Env't Prot. Agency
  765 F.2d 126· 10th Cir.· 1985-06-10 ·cited 12×
  The court held that the EPA has authority under the Clean Water Act to regulate discharges into the arroyos, as they constitute "waters of the United States" due to their surface and underground connections to navigable waters and potential impact on interstate commerce.
• Tofe v. Winchell
  645 F.2d 58· C.C.P.A.· 1981-03-31 ·cited 12×
  The court must hold that the best mode issue is ancillary to priority, following precedent, even if it creates anomalies.
• United States ex rel. Medeiros v. Watkins
  166 F.2d 897· 2d Cir.· 1948-03-09 ·cited 12×
  An alien seeking admission who claims citizenship is not entitled to a judicial determination of that claim; the administrative agency's decision is final if a fair hearing was provided.
• Adler v. Superior Apts. Corp.
  119 Fla. 127· Fla.· 1935-04-25 ·cited 12×
  This case, on its third appeal, addresses whether a trial court properly struck the reply of Louis Adler to a rule to show cause for a writ of assistance compelling delivery of foreclosed property. The Supreme Court held that Adler's allegations of fraud by the original mortgagor
• Rocovich v. The United States
  933 F.2d 991· Fed. Cir.· 1991-05-15 ·cited 10×
  A tax refund suit cannot be maintained in the Claims Court unless the full amount of the assessed tax liability has been paid, and section 6166 deferral does not create an exception to this rule.
• Akers v. State
  370 So. 2d 81· Fla. 1st DCA· 1979-04-26 ·cited 10×
  Akers was convicted of armed robbery committed on July 28, 1973, but charged on December 7, 1977, which exceeded Florida's two-year statute of limitations for prosecution. The court reversed the conviction because the State failed to prove at trial that prosecution was timely com
• Appelt v. Whitty
  286 F.2d 135· 7th Cir.· 1961-01-31 ·cited 10×
  The court held that the minor plaintiff's domicile, not his guardian's, determined diversity jurisdiction, and the minor had established domicile in Illinois.
• Williams v. Robles
  22 Fla. 95· Fla.· 1886-01-01 ·cited 10×
  In this 1886 Florida Supreme Court case, the court addresses whether a circuit judge properly transferred an equity case to another circuit based on the judge's brother-in-law having a financial interest in property at stake in the suit. The court holds that the transfer was proc
• Vest v. Sterling Bossard
  700 F.2d 600· 10th Cir.· 1983-02-18 ·cited 8×
  The court held that the statute of limitations should be tolled because the plaintiff could not have discovered the cause of action due to a conspiracy and cover-up by the defendants. The plaintiff's suspicions were insufficient to start the limitations period.
• Eschbach v. Contractors
  181 F.2d 860· 7th Cir.· 1950-05-11 ·cited 8×
  The court held that the Deputy Commissioner's finding that the claimant's tuberculosis was neither caused nor aggravated by his employment was supported by substantial evidence and should have been sustained by the District Court.
• Tucker v. Tex. Am. Syndicate
  170 F.2d 939· 5th Cir.· 1948-12-07 ·cited 8×
  The court held that the bankruptcy petition was not filed in good faith and that staying state court proceedings involving Texas real estate law was improvidently granted.
• Garrick Hatfield v. Autonation, Inc.
  915 So. 2d 1236· Fla. 4th DCA· 2005-12-21 ·cited 7×
  Garrick Hatfield, a Texas resident and former general manager of an AutoNation Mercedes Benz dealership, appeals the denial of his motion to dismiss for lack of personal jurisdiction. The Florida Court of Appeal affirmed, holding that AutoNation established sufficient minimum con
• Reuven Tako and Jackie Tako v. Mayer Rothkopf Indus., Inc.
  388 So. 2d 1092· Fla. 3d DCA· 1980-10-07 ·cited 6×
  The appellate court affirmed a lower court's order quashing service of process on two defendant corporations. The court found that the plaintiffs failed to establish that the long-arm statutes, which allow for service on non-resident defendants, applied to their case because the
• Tucker v. Baker
  185 F.2d 863· 5th Cir.· 1950-12-26 ·cited 6×
  The court held that the order appealed from erroneously enjoined appellants from prosecuting their suit and failed to dissolve prior injunctions staying state court proceedings, contrary to the appellate court's mandate.
• Stewart v. Julana Dev. Corp.
  678 So. 2d 1385· Fla. 3d DCA· 1996-09-11 ·cited 5×
  Plaintiffs appealed a trial court's order that vacated a default judgment and quashed service of process on defendants in a breach of contract action. The Third District Court of Appeal reversed, holding that the complaint contained sufficient jurisdictional facts under Florida's