Jurisdictional Requirement

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

• Markham v. Honorable Harry G. Hinckley, Jr.
  544 So. 2d 1139· Fla. 4th DCA· 1989-06-14 ·cited 10×
  The court granted a writ of prohibition preventing a trial court from exercising jurisdiction over a taxpayer's challenge to a property tax assessment where the taxpayer failed to timely pay the required good faith tax deposit. The decision reaffirms that the jurisdictional requi
• MacHules v. Dep't OF Admin.
  502 So. 2d 437· Fla. 1st DCA· 1986-11-25 ·cited 10×
  Machules appealed the Department of Administration's dismissal of his late petition challenging his termination for abandonment of position. The court affirmed the dismissal, holding that Machules failed to timely file within the 20-day deadline and that due process, estoppel, an
• Dempsey v. Pac. Bell Co.
  789 F.2d 1451· 9th Cir.· 1986-05-23 ·cited 10×
  The sixty-day waiting period after filing age discrimination charges with the EEOC is jurisdictional, but the statutes of limitation may be equitably tolled.
• United States v. Awalt
  728 F.2d 704· 5th Cir.· 1984-03-26 ·cited 10×
  The court held that a late notice of appeal filed after the forty-day period prescribed by Rule 4(b) cannot be considered for excusable neglect, and thus the appeal must be dismissed.
• Apolonio A. Pastrana v. Fed. Mogul Corp.
  683 F.2d 236· 7th Cir.· 1982-07-21 ·cited 10×
  The court held that the plaintiff's initial filing of a Complainant Information Sheet (CIS) with the state agency, which indicated national origin discrimination, constituted 'initially instituting proceedings' for Title VII purposes, thus making the 300-day filing limit applicab
• Morgan v. Wash. Mfg. Co.
  660 F.2d 710· 6th Cir.· 1981-10-07 ·cited 10×
  The statutory period for filing a sex discrimination complaint with the EEOC is tolled when a complaint is timely filed with another federal agency that subsequently forwards it to the EEOC, provided there is no prejudice, bad faith, or lack of diligence by the claimant.
• In re Emergency Amendments to Rules of Appellate Procedure
  381 So. 2d 1370· Fla.· 1980-03-27 ·cited 10×
  The Florida Supreme Court adopted emergency amendments to the Florida Rules of Appellate Procedure effective April 1, 1980, in response to the constitutional amendment approved by voters on March 11, 1980, which modified the Court's jurisdiction. The amendments significantly rest
• Clark v. W. Chem. Prods., Inc.
  557 F.2d 1155· 5th Cir.· 1977-08-19 ·cited 10×
  The court held that the date of the alleged unlawful practice was a disputed issue of material fact, precluding summary judgment.
• Swain v. Hoffman
  547 F.2d 921· 5th Cir.· 1977-02-28 ·cited 10×
  The court held that federal employees must exhaust administrative remedies before suing for discrimination under Title VII and that while individual claims may require de novo review, class actions are permissible if at least one member has exhausted remedies.
• Hilliard v. United States
  345 F.2d 252· 10th Cir.· 1965-05-06 ·cited 10×
  A petition for relief under 28 U.S.C. § 2255 is insufficient to require a hearing if it merely alleges a lack of awareness of appeal deadlines without claiming deceit, fraud, or neglect by counsel.
• Kananen v. Sec'y, Dep't of Corr.
  606 F. 3d 1296· 11th Cir.· 2025-10-28 ·cited 9×
  The court held that the notice of appeal was untimely for the initial judgment but timely for the denial of the Rule 60(b) motion, thus dismissing part of the appeal sua sponte.
• Dep't OF Revenue v. E. Am. Techs. Corp.
  762 So. 2d 1044· Fla. 5th DCA· 2000-07-28 ·cited 9×
  The Florida Fifth District Court of Appeal granted in part a petition for writ of prohibition by the Department of Revenue, holding that the trial court lacked subject matter jurisdiction to hear respondents' declaratory judgment action challenging tax assessments because respond
• Norman v. Pinellas Cnty.
  250 So. 2d 279· Fla. 2d DCA· 1971-07-09 ·cited 9×
  Certiorari is not an appropriate remedy to review a circuit court's denial of a petition for certiorari when an appeal was available, and the court lacks jurisdiction if a timely appeal was not filed.
• Elmore S. Bailey v. Folks
  182 So. 2d 477· Fla. 1st DCA· 1966-02-10 ·cited 9×
  Bailey, who held a recorded tax deed and was listed as the last taxpayer, challenged a 1960 tax deed issued by the clerk after the clerk mailed notice to different persons named on the tax roll instead of to Bailey. The court held that the statute requiring notice to the 'owner'
• Lewis and Betty Ward v. Brown
  892 So. 2d 1059· Fla. 1st DCA· 2003-03-13 ·cited 8×
  Property owners challenged a trial court order striking class action allegations in a lawsuit contesting property tax assessments on beachfront properties. The First District affirmed, holding that challenges to denial of governmental property tax exemptions are subject to the ma
• Speigner v. Speigner
  621 So. 2d 758· Fla. 1st DCA· 1993-07-02 ·cited 8×
  In this dissolution of marriage case, the First District Court of Appeal reversed a final judgment because the trial court lacked jurisdiction to enter it. The court found that the evidence was legally insufficient to establish that either party had complied with Florida's mandat
• Benally v. Hodel
  940 F.2d 1194· 9th Cir.· 1990-09-13 ·cited 8×
  The court held that individual members of the Navajo Tribe lack standing to challenge the Relocation Commission's compliance with the Settlement Act, as such procedural rights are vested in the tribal chairmen.
• United States v. Long
  911 F.2d 1482· 11th Cir.· 1990-08-28 ·cited 8×
  The court held that the Deputy Solicitor General's approval of a government appeal is valid, and such approval is not a jurisdictional requirement that mandates dismissal for informality.
• Fed. Trade Comm'n v. Dudley M. Hughes, Jr.
  891 F.2d 589· 5th Cir.· 1990-01-11 ·cited 8×
  The court held that the notice of appeal was insufficient to confer jurisdiction because it failed to designate the specific order being appealed, despite the possibility that the underlying motion could be construed under Rule 60(b).
• Olaf A. Hallstrom and Mary E. Hallstrom v. Tillamook Cnty.
  844 F.2d 598· 9th Cir.· 1987-11-03 ·cited 8×
  The 60-day notice requirement of 42 U.S.C. § 6972(b) is procedural, not jurisdictional, and does not deprive the district court of jurisdiction if the action is filed before the 60 days have elapsed.
• Rucker v. United States Dep't OF Labor
  798 F.2d 891· 6th Cir.· 1986-08-19 ·cited 8×
  The court held that the plaintiff's administrative claim for damages stated a sum certain, but his wife and children failed to file their own administrative claims.
• Ferguson v. McWILLIAMS
  483 So. 2d 509· Fla. 4th DCA· 1986-02-19 ·cited 8×
  The court held that a complaint must allege jurisdictional requirements to justify substituted service of process.
• Antoine v. United States Postal Serv.
  781 F.2d 433· 5th Cir.· 1986-01-28 ·cited 8×
  The filing of a right-to-sue notice and a request for appointment of counsel does not commence a civil action under Federal Rules of Civil Procedure 3 and 8(a) if it lacks a short and plain statement of the claim showing entitlement to relief.
• In re 6 & 40 Inv. Grp., Inc. v. 6 & 40 Inv. Grp., Inc.
  752 F.2d 515· 10th Cir.· 1985-01-16 ·cited 8×
  The court held that the appeal was untimely because the petition for rehearing was not filed within the required ten days, and therefore did not toll the time for filing the notice of appeal.
• Leviten v. Gaunt
  347 So. 2d 452· Fla. 3d DCA· 1977-06-28 ·cited 8×
  Florida appellate court reversed the trial court's denial of defendant's motion to quash service of process, finding the attempted substituted service under Florida Statutes sections 48.161 and 48.19 was defective for failure to present justifying facts, allege jurisdictional req
• Smith v. Ayres
  174 So. 2d 727· Fla.· 1965-04-28 ·cited 8×
  The Florida Supreme Court upheld the constitutionality of Chapter 29326, Laws of Florida, 1953, which authorized the City of Ocala to annex adjacent territory by referendum, and validated an annexation election held on March 17, 1964. The court rejected challenges to both the sta
• Harris v. Maxwell
  337 F.2d 710· 6th Cir.· 1964-09-18 ·cited 8×
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, as appellant had not presented his federal claims to the Ohio Supreme Court.
• Benny Peoples v. United States
  324 F.2d 689· 10th Cir.· 1963-11-29 ·cited 8×
  The court held that an oral statement at sentencing, even when followed by letters, is insufficient to constitute a timely notice of appeal under Rule 37(a)(2).
• Britton v. Dowell, Inc.
  237 F.2d 630· 10th Cir.· 1956-10-10 ·cited 8×
  The court held that a plaintiff seeking to collect on a promissory note must allege and prove payment of Oklahoma's intangible personal property tax, and this issue can be raised for the first time on appeal.
• Klumb v. Roach
  151 F.2d 374· 7th Cir.· 1945-10-26 ·cited 8×
  Failure to join an indispensable party, such as an assignee with a recorded interest, within the statutory period under § 4915 deprives the court of jurisdiction to hear the case.
• Alfreida Hogan v. Sec'y, U.S. Dep't of Veterans Affairs
  121 F.4th 172· 11th Cir.· 2024-11-01 ·cited 7×
  The Eleventh Circuit held that the 15-day deadline for federal employees to file a formal administrative complaint under Title VII is a claims-processing rule, not a jurisdictional prerequisite, and is subject to equitable tolling. However, the court affirmed dismissal because th
• Andrews v. Verne ORR
  851 F.2d 146· 6th Cir.· 1988-06-30 ·cited 7×
  The court held that while the pendency of prior class actions tolled the limitations period for individual administrative complaints, the plaintiffs' belief that tolling continued until the prior case's settlement was reasonable, justifying equitable tolling for their untimely fi
• Wilkinson v. Susanne L. Clarke
  91 So. 3d 897· Fla. 2d DCA· 2012-06-29 ·cited 6×
  The Florida District Court of Appeal reversed a trial court's summary judgment in favor of a property trust in a tax assessment contest because the court lacked jurisdiction. The appellants challenged the trial court's authority to enter judgment after the taxpayer failed to pay
• T.D. v. Dep't of Health & Rehabilitative Servs.
  639 So. 2d 704· Fla. 1st DCA· 1994-07-25 ·cited 6×
  This case addresses the proper procedure for a parent to challenge a parental rights termination order when their attorney failed to file a timely notice of appeal. The court clarifies that the trial court must properly evaluate whether the parent is entitled to a belated appeal
• City OF Ocala v. RED OAK Farm, Inc.
  636 So. 2d 81· Fla. 5th DCA· 1994-03-25 ·cited 6×
  The City of Ocala appealed the dismissal of its eminent domain petition to acquire land for an electrical substation. The court affirmed dismissal, holding that while Chapter 180 allows municipalities to exercise utility powers outside city limits, strict statutory compliance wit
• Me. Audubon Soc'y v. Emery Purslow
  907 F.2d 265· 1st Cir.· 1990-07-06 ·cited 6×
  The court held that the district court did not abuse its discretion in imposing a sanction on attorneys for failing to disclose a mandatory statutory notice requirement during an ex parte TRO hearing.
• Platte River Whooping Crane Critical Habitat Maint. Tr. v. Fed. Energy Regulatory Comm'n
  876 F.2d 109· D.C. Cir.· 1989-05-19 ·cited 6×
  The court held that FERC abused its discretion by refusing to assess the need for wildlife protective conditions in the interim annual licenses.
• United States v. Bernardo Moreno Davila
  592 F.2d 1261· 5th Cir.· 1979-04-10 ·cited 6×
  The court held that the interstate wire transmissions were essential to the defendant's scheme to defraud, thus satisfying the jurisdictional requirement of the wire fraud statute.
• Fortenberry v. Md. Cas. Co.
  247 F.2d 702· 5th Cir.· 1957-08-13 ·cited 6×
  The court held that the plaintiff's belief of recovery and desire not to annoy his employer were insufficient to establish 'good cause' for filing a late workmen's compensation claim under Texas law.
• Harris v. Capehart-Farnsworth Corp.
  225 F.2d 268· 8th Cir.· 1955-09-09 ·cited 6×
  The court held that the district court erred in determining prior to trial that petitioning creditors were qualified and that alleged bankrupts' set-offs were not to be considered.
• Shell Dev. Co. v. Universal OIL Prods. Co.
  157 F.2d 421· 3d Cir.· 1946-09-05 ·cited 6×
  The court held that the requirements of R.S. Section 4915, including notice to adverse parties and joinder of indispensable parties, are jurisdictional and must be met within the statutory six-month period.
• In re Stilwell
  120 F.2d 194· 2d Cir.· 1941-06-04 ·cited 6×
  The court held that while the discharge was properly set aside for lack of notice, the dismissal of the bankruptcy proceedings was improper without a showing of prejudice to creditors.
• Hidden BAY Master Ass'n, Inc. v. Miami-Dade Cnty. Dep't OF Prop. Appraisal
  938 So. 2d 599· Fla. 3d DCA· 2006-09-27 ·cited 5×
  Hidden Bay Master Association appeals a trial court's dismissal of its challenge to property tax assessments on condominium common areas, arguing the Property Appraiser violated Florida law by assessing common elements at full market value rather than proportionately. The Third D
• Indianapolis Colts v. Mayor & City Council OF Baltimore
  741 F.2d 954· 7th Cir.· 1984-08-10 ·cited 5×
  The dissenting judge holds that the Capital Improvement Board and the City of Baltimore are adverse claimants to the Colts franchise rights, satisfying the jurisdictional requirements for federal interpleader.
• Canton v. United States
  388 F.2d 985· 8th Cir.· 1968-02-08 ·cited 5×
  The court held that a timely filed refund claim is a jurisdictional prerequisite to a tax refund suit, and this requirement cannot be waived.
• ABI Walton Ins. Co. v. State
  641 So. 2d 967· Fla. 1st DCA· 1994-09-08 ·cited 4×
  The court held that the requirement to post a protest bond is not jurisdictional and the department must provide notice and an opportunity to post the bond before denying a protest on that basis.
• Kenworthy v. Conoco, Inc.
  979 F.2d 1462· 10th Cir.· 1992-11-19 ·cited 4×
  The court held that the appeal was timely filed, the jury verdict on the Equal Pay Act claim was supported by substantial evidence, and the district court's findings on Title VII claims were not inconsistent.
• Adkins v. Safeway Stores, Inc.
  968 F.2d 1317· D.C. Cir.· 1992-07-10 ·cited 4×
  The court held that the use of "et al." and "plaintiffs" in a notice of appeal is insufficient to identify unnamed parties and thus the court lacks jurisdiction over their appeal.
• Smith v. Galley
  919 F.2d 893· 4th Cir.· 1990-11-29 ·cited 4×
  The court held that an informal appellate brief, even if filed timely and evincing intent to appeal, cannot substitute for a proper notice of appeal under Federal Rule of Appellate Procedure 3(c).
• Libby v. United States
  840 F.2d 818· 11th Cir.· 1988-03-21 ·cited 4×
  The forthwith service requirement of the Suits in Admiralty Act is jurisdictional and not superseded by Federal Rule of Civil Procedure 4(j), but a 24-day delay in service was reasonable under the circumstances.