Jurisdictional Requirement

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

• Shows v. The Dep't OF Health & Human Servs.
  740 F.2d 891· 11th Cir.· 1984-08-31 ·cited 4×
  The court held that the 60-day time limit for seeking judicial review of a Social Security Act disability benefit denial is waivable and not jurisdictional.
• In re Harbour House Operating Corp.
  724 F.2d 1· 1st Cir.· 1983-09-29 ·cited 4×
  A premature notice of appeal is a nullity and must be dismissed, even if strict enforcement causes injustice, as timely filing is a mandatory jurisdictional requirement.
• United States v. Werbrouck
  589 F.2d 273· 7th Cir.· 1978-11-22 ·cited 4×
  The court held that the defendant's conviction for violating federal gambling laws was supported by sufficient evidence and that the trial court did not err in its evidentiary rulings or jury selection.
• Curry v. Commissioner OF Internal Revenue
  571 F.2d 1306· 4th Cir.· 1978-03-14 ·cited 4×
  The Tax Court correctly held that the mailing date requirement under § 6213 is jurisdictional and the postmark date under § 7502 does not alter this.
• Behm v. Division OF Administration
  275 So. 2d 545· Fla. 4th DCA· 1973-03-08 ·cited 4×
  The court dismissed an appeal for lack of jurisdiction because the appellants failed to timely file (rather than merely serve) a post-trial motion for judgment notwithstanding the verdict within ten days of judgment. The decision resolves an ambiguity in Florida civil procedure r
• Redwing Carriers, Inc. v. Mayo
  255 So. 2d 516· Fla.· 1971-12-08 ·cited 4×
  This case reviews a Florida Public Service Commission order granting a certificate to McKenzie Tank Lines to expand its services. The appellate court denied the petition for certiorari, finding the Commission's decision was supported by substantial evidence and did not depart fro
• Mapp v. State of Fla. & Louie L. Wainwright
  224 So. 2d 431· Fla. 1st DCA· 1969-06-19 ·cited 4×
  Curtis Mapp seeks a belated appeal of his 1965 manslaughter conviction on grounds that prison officials' delay in mailing his notice of appeal deprived him of his right to appeal. The Florida appellate court rejected his habeas corpus petition, holding that Mapp's own lack of dil
• Mervin Gajewski v. United States
  327 F.2d 239· 8th Cir.· 1964-02-05 ·cited 4×
  A farmer's failure to exhaust administrative remedies provided by the Agricultural Adjustment Act precludes them from challenging acreage allotments, marketing excesses, and penalties in court.
• Pappas v. Royal Indem. Co.
  251 F.2d 439· 5th Cir.· 1958-01-21 ·cited 4×
  Failure to file notice of appeal with the Texas Industrial Accident Board within twenty days of its final ruling is fatal to an appeal, as it is a jurisdictional requirement.
• Emed Urgent & Primary Care, P.A. v. Rivas
  335 So. 3d 766· Fla. 1st DCA· 2022-03-09 ·cited 3×
  The appellate court dismissed a petition for certiorari because the petitioners failed to demonstrate irreparable harm, a necessary element for such review. This case clarifies the jurisdictional requirements for seeking interlocutory review via certiorari.
• Anderson v. United States
  245 F. Supp. 2d 1217· M.D. Fla.· 2002-06-03 ·cited 3×
  The court held that the plaintiff's claim falls under admiralty jurisdiction, thus precluding a remedy under the FTCA, and that the plaintiff failed to meet the jurisdictional requirements of the EAJA for his admiralty claims.
• MAY v. The Houston Post Pension Plan & the Houston Post Co.
  898 F.2d 1068· 5th Cir.· 1990-04-26 ·cited 3×
  The court affirmed the summary judgment against the employee regarding future benefits and dismissed the appeal of sanctions due to a defective notice of appeal.
• Little People's Sch., Inc. v. United States
  842 F.2d 570· 1st Cir.· 1988-03-29 ·cited 3×
  The court held that the limitations period for filing administrative refund claims under I.R.C. § 6511(a) applies to all taxpayers who owe taxes payable by return, regardless of whether they were required to file a return for the specific tax in question. Therefore, the taxpayer'
• Chicago Commodities, Inc. v. Commodities Futures Trading Comm'n
  811 F.2d 1262· 9th Cir.· 1987-03-02 ·cited 3×
  The court held that the 30-day bond filing requirement for review of a CFTC reparation order is jurisdictional, and failure to file within that time mandates dismissal.
• William P. Scherer, M.D. v. Liberto
  353 So. 2d 1224· Fla. 4th DCA· 1977-12-28 ·cited 3×
  The court affirmed that timely filing of an answer in a medical malpractice claim is jurisdictional under Florida law, and a defendant's failure to file within 20 days deprives the medical mediation panel of jurisdiction regardless of when the answer was mailed.
• Bruno v. United States
  547 F.2d 71· 8th Cir.· 1976-12-29 ·cited 3×
  The court held that a tax refund suit under 28 U.S.C. § 1346(a)(1) requires a timely administrative claim for refund as mandated by 26 U.S.C. § 7422(a) and § 6511, and that the general tolling provisions of 28 U.S.C. § 2401 do not apply.
• McBRIDE v. Estelle
  507 F.2d 903· 5th Cir.· 1975-02-07 ·cited 3×
  The court held that while McBride's pro se brief satisfied the jurisdictional requirements for federal habeas corpus review, the district court's dismissal is affirmed on grounds of comity.
• Macys v. Century Golf P'rs GP LLC
  M.D. Fla.· 2025-03-24 ·cited 2×
  The court denied the plaintiff's motion for default judgment because the plaintiff failed to demonstrate proper service of process and did not adequately address the court's prior concerns regarding damages calculations.
• Burlison v. Rogers
  2013 WL 6065759· M.D. Fla.· 2022-09-01 ·cited 2×
  The court held that service of process was insufficient as it was not made on the named defendant and granted the motion to quash.
• Cardoza v. State
  98 So. 3d 1217· Fla. 3d DCA· 2012-09-27 ·cited 2×
  The Third District Court of Appeal reversed a trial court's denial of a surety company's motion to vacate a bail forfeiture judgment, holding that the Clerk of Court lacked statutory authority to enter final judgment because mandatory statutory prerequisites under Florida law had
• Delmonte v. Dep't of Bus. & Prof'l Reg.
  877 F. Supp. 1563· S.D. Fla.· 1995-03-03 ·cited 2×
  The court held that the training provided by federal law enforcement agencies to ABT officers constituted federal financial assistance under Section 504 of the Rehabilitation Act of 1973, thereby satisfying the jurisdictional requirements for the plaintiff's claim.
• United States v. Mastrandrea
  942 F.2d 1291· 8th Cir.· 1991-08-26 ·cited 2×
  The court held that surplusage in an indictment, even if misleading, does not invalidate the indictment if the remaining allegations sufficiently charge a crime and the defendant had adequate notice.
• Gardner v. State
  548 So. 2d 900· Fla. 1st DCA· 1989-09-20 ·cited 2×
  Gardner filed a Rule 3.850 post-conviction motion seeking to vacate his 1981 aggravated assault sentences, but the motion was filed after his sentence had expired and he was released from custody. The court held that the "in custody" requirement of Rule 3.850 is jurisdictional an
• Equal Emp. Opportunity Comm'n v. Gen. Tel. Co. OF Nw., Inc.
  885 F.2d 575· 9th Cir.· 1989-09-12 ·cited 2×
  The court held that admitting employer's equal employment opportunity evidence after denying discovery of self-critical materials was an abuse of discretion and prejudicial error. It also held that a defendant cannot rebut statistical evidence of discrimination by merely pointing
• Caran v. Bowen
  834 F.2d 720· 8th Cir.· 1987-12-09 ·cited 2×
  The court held that the claimant's action was untimely filed and barred because it was not filed within the extended period granted by the Secretary, and the filing deadline is a statute of limitations that was not tolled.
• Rich v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  798 F.2d 432· 11th Cir.· 1986-08-14 ·cited 2×
  The court held that the petition for review was untimely because it was filed after the sixty-day statutory period, and equitable tolling was not warranted.
• Transure, Inc. v. Marsh & McLENNAN, Inc.
  766 F.2d 1297· 9th Cir.· 1985-07-22 ·cited 2×
  The court held that the presence of alien corporations on both sides of a controversy does not defeat federal diversity jurisdiction, and that a venue objection, if not timely raised in state court, does not defeat federal jurisdiction upon removal.
• Lener T. Millard v. LA Pointe's Fashion Store, Inc.
  736 F.2d 501· 9th Cir.· 1984-05-09 ·cited 2×
  The court held that the plaintiff's request for counsel, made within the ninety-day period, was insufficient to satisfy the requirement of filing a civil action within the prescribed time limit.
• Pfister v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  675 F.2d 1314· D.C. Cir.· 1982-04-23 ·cited 2×
  The court held that the petitioner failed to establish a substantial connection between his employment and the District of Columbia, thus the District's Workmen's Compensation Act did not apply.
• Uzzell v. Friday
  625 F.2d 1117· 4th Cir.· 1980-05-12 ·cited 2×
  The court held that the prior in banc judgment was invalid due to improper composition and vacated it, remanding the case for further factual development regarding university regulations in light of Bakke.
• Crippen v. Sunland Ctr.
  372 So. 2d 63· Fla.· 1979-03-22 ·cited 2×
  The Florida Supreme Court held that a petition for reconsideration filed with the Industrial Relations Commission does not toll the thirty-day deadline for filing a notice of certiorari under Florida Appellate Procedure Rule 9.110(b), because no rule or statute authorizes such mo
• Howell v. Robert H. Allen, M.D.
  361 So. 2d 791· Fla. 1st DCA· 1978-07-27 ·cited 2×
• Griffin Lowman v. Sid Young and Grace Young
  212 So. 2d 88· Fla. 1st DCA· 1968-06-26 ·cited 2×
  Griffin Lowman appealed a summary judgment that invalidated his tax deed and ordered foreclosure of a mortgage held by Home Finance Company. The trial court held the tax deed void based on alleged statutory violations in the tax certificate sale process, but the appellate court r
• Swartz v. United States
  378 F.2d 25· 6th Cir.· 1967-06-08 ·cited 2×
  The court held that the district court must determine if it received a paper from the appellant that could be treated as a notice of appeal within the prescribed time.
• A. R. Stewart and wife v. Vartan Gadarian
  141 So. 2d 289· Fla. 1st DCA· 1962-05-22 ·cited 2×
  A tax deed is void if notice of application is not published in substantial compliance with statutory requirements, leading to reversal of a decree quieting title in the tax deed holder.
• Berg v. Cranor
  209 F.2d 567· 9th Cir.· 1954-01-12 ·cited 2×
  The court held that the prisoner's attorney's failure to comply with state supreme court filing rules, after a valid oral notice of appeal, did not constitute a violation of the Fourteenth Amendment.
• S. Pointe Fam. & Child. Ctr., Inc. v. Miami-Dade Cnty.
  57 So. 3d 256· Fla. 3d DCA· 2011-03-16 ·cited 1×
  The court held that the appellant's challenge to ad valorem tax assessments was time-barred by the Non-Claim Statute and that failure to pay subsequent taxes also divested the court of jurisdiction.
• Clark v. Elinor C. England
  715 So. 2d 365· Fla. 5th DCA· 1998-08-14 ·cited 1×
  Section 718.1255, Florida Statutes, which mandates nonbinding arbitration for disputes between unit owners and condominium associations, applies only to disputes where the complaining party is a unit owner at the time the causes of action arise. Because the appellee was not a uni
• Watson v. Watson
  648 So. 2d 1252· Fla. 2d DCA· 1995-01-25 ·cited 1×
  Rufus Watson appealed a divorce judgment awarding half his federal pension to his ex-wife, Teresa Watson. The Florida appellate court reversed, finding the trial court lacked personal jurisdiction over Watson because the petition failed to allege either a marital domicile in Flor
• Frisby v. State
  167 So. 2d 335· Fla. 3d DCA· 1964-09-22 ·cited 1×
  The Florida District Court of Appeal affirmed the denial of a motion to collaterally attack a robbery conviction. The court held that failure to provide a copy of the indictment and lack of counsel at a preliminary hearing were not grounds for relief when the defendant was repres
• Sanchez v. Elliot Matthews-Taylor
  Del.· 2026-02-09
  The Delaware Supreme Court dismissed Candace Sanchez's appeal from a Family Court contempt finding because she failed to file her notice of appeal within the required time period. The Court held that timely filing of a notice of appeal is a jurisdictional requirement that cannot
• ATM Shafiqul Khalid v. Elon R. Musk
  Del.· 2026-02-02
  The Delaware Supreme Court dismissed an appeal as untimely because the appellant failed to file his notice of appeal within the statutory 30-day deadline, despite attempting to file on the last day through incorrect methods and then by email. The Court held that an appellant's se
• Grant v. Tyson-Davis
  Del.· 2026-01-20
  The Delaware Supreme Court dismissed Naomi Grant's appeal from a Family Court consent order granting her joint legal custody and visitation, finding the appeal was untimely filed and the appellant failed to demonstrate that court personnel were responsible for the delay.
• Nat'l Specialty Ins. Co. v. Eleguas Trucking Inc.
  M.D. Fla.· 2025-09-30
  The court entered a default judgment in favor of the Plaintiff against Defendant Eleguas Trucking Inc. Any motions for attorney's fees or costs must follow local rules.
• Ramos v. Chen
  M.D. Fla.· 2025-08-14
  This is a District Court judgment in a wage and hour employment case where the court entered final judgment in favor of plaintiff Geidy Ramos against defendants for unpaid wages, overtime, and liquidated damages totaling $156,464. The opinion primarily consists of procedural inst
• Macys v. Century Golf P'rs GP LLC
  M.D. Fla.· 2025-07-21
  The court denied the motion for default judgment because the plaintiff failed to provide sufficient proof of proper service of process on the defendant.
• Chera v. Arlyns De La Riva
  Fla. 3d DCA· 2025-03-19
  An appeal must be dismissed when the notice of appeal is filed more than 30 days after rendition of the judgment, as the filing deadline is jurisdictional and cannot be extended.
• Zafirov v. Fla. Med. Assocs., LLC
  M.D. Fla.· 2024-09-30
  The court entered a judgment dismissing the case with prejudice as to Dr. Clarissa Zafirov. Any motions for attorney's fees or costs must be filed according to local rules.
• Wells Fargo Bank, N.A. v. Adelman
  M.D. Fla.· 2024-08-16
  The court held that the plaintiff sufficiently alleged facts to establish jurisdiction under Florida's substituted service statute and demonstrated due diligence in attempting personal service.
• Nascimben v. Feld Ent., Inc.
  M.D. Fla.· 2024-08-06
  The court held that the plaintiff's lawsuit was untimely filed and that the complaint failed to state a claim for relief due to improper pleading and insufficient allegations of disability. Furthermore, service of process was deficient, depriving the court of jurisdiction.