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82 F.4th 1039·
11th Cir.·
2023-09-14
Federal prisoner Charles Edward Jones sought relief through a second section 2255 motion, arguing that the residual clause of the federal three-strikes sentencing enhancement statute (18 U.S.C. § 3559) was unconstitutionally vague under principles established by the Supreme Court
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Fla. 1st DCA·
2022-09-14
John Michael Armstrong appealed a probation revocation and sentencing order, but the appeal was untimely filed nearly three months after the trial court rendered the sentence. The majority affirmed without opinion, while the dissent argued the court lacked jurisdiction because Ar
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M.D. Fla.·
2021-10-14
The court denied motions to dismiss for insufficient service of process as moot or without prejudice, ordering plaintiffs to show cause for one defendant and noting remaining time to serve others.
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Fla. 5th DCA·
2021-07-02
The appellate court dismissed an inmate's appeals of venue transfer orders because the notices of appeal were filed too late. The court found that the inmate's motions to retain venue did not toll the time limit for filing an appeal.
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Fla. 1st DCA·
2020-09-03
A petition for certiorari to review a non-final order compelling disclosure of a cell phone passcode must be dismissed when the petitioner fails to demonstrate irreparable harm, which is a jurisdictional requirement. The foregone conclusion exception to the Fifth Amendment applie
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M.D. Fla.·
2019-09-06
The Court held that the plaintiff's failure to properly serve the defendants was not excused by an attorney's appearance, and thus, the appeal of the dismissal for failure to prosecute would be frivolous.
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272 So. 3d 516·
Fla. 3d DCA·
2019-04-10
Ana Maria Olin and Robert A. Del Castillo appealed an order rescheduling a foreclosure sale, but filed their notice of appeal 53 days after the order was rendered, exceeding the 30-day deadline required by Florida appellate rules. The court dismissed the appeal for lack of jurisd
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249 So. 3d 1323·
Fla. 1st DCA·
2018-07-25
Section 194.171(5) and (6), Florida Statutes make it a jurisdictional requirement that all taxes assessed in years after an action is brought must be paid before delinquency. When a taxpayer fails to pay subsequent years' taxes before delinquency, the trial court loses subject ma
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233 So. 3d 1289·
Fla. 1st DCA·
2018-01-22
An order on a motion for summary judgment that is neither final nor appealable under Florida Rule of Appellate Procedure 9.130 does not confer appellate jurisdiction.
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229 So. 3d 860·
Fla. 3d DCA·
2017-06-07
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55 So. 3d 666·
Fla. 2d DCA·
2011-02-18
Ernest D. Bennett challenged the dismissal of his lawsuit against the Pasco County Property Appraiser regarding a denied homestead exemption. The court reversed the dismissal, holding that the property appraiser failed to meet his burden of proving lack of subject matter jurisdic
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45 So. 3d 547·
Fla. 1st DCA·
2010-10-13
The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed more than 30 days after the lower court's order, exceeding the time limit that cannot be extended by the trial court.
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36 So. 3d 919·
Fla. 1st DCA·
2010-06-09
The court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly five years after the order was rendered, far exceeding the 30-day filing deadline.
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38 So. 3d 166·
Fla. 1st DCA·
2010-03-10
The court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly three years after the order was rendered, far exceeding the 30-day deadline required by statute and appellate rule.
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665 F. Supp. 2d 1295·
S.D. Fla.·
2009-10-20
The court affirmed the magistrate judge's recommendation to award partial attorney's fees against plaintiff's counsel, finding that while sanctions were warranted, the full amount requested was excessive.
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891 So. 2d 586·
Fla. 2d DCA·
2004-12-15
The court held that the verification requirement for administrative complaints under the FCRA is not jurisdictional and that objections to verification defects are waived if not raised during the administrative process.
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875 So. 2d 686·
Fla. 4th DCA·
2004-06-02
The State appeals Andrews's downward departure sentence below the mandatory minimum for aggravated assault on a law enforcement officer; Andrews cross-appeals his conviction. The court affirms the conviction but reverses the sentence, remanding for re-sentencing with the mandator
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623 So. 2d 747·
Fla. 1st DCA·
1992-12-30
The Florida Department of Revenue appealed a circuit court judgment invalidating section 72.011(3), which imposes bond or deposit requirements as jurisdictional prerequisites for taxpayers to contest tax assessments in circuit court. The appellate court reversed, holding the stat
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935 F.2d 540·
2d Cir.·
1991-06-13
The court held that the appeal was properly invoked despite a premature notice of appeal because the district court clerk's failure to transmit the notice of appeal prevented the appellate court from timely dismissing it.
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925 F.2d 987·
6th Cir.·
1991-02-15
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921 F.2d 911·
9th Cir.·
1990-12-19
The court held that the supplier's letters did not provide sufficient notice under the Miller Act because they failed to indicate that the supplier was looking to the prime contractor for payment.
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864 F.2d 6·
2d Cir.·
1988-12-14
The court held that while a plaintiff's claim was prematurely filed before the expiration of the statutory sixty-day waiting period, the appropriate disposition is to stay the suit pending the period's expiration, rather than dismiss it.
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806 F.2d 247·
Fed. Cir.·
1986-11-28
The Court of Appeals affirmed the trial court's dismissal, holding that the proper filing of a summons is a jurisdictional requirement that was not met due to insufficient postage.
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657 F. Supp. 733·
S.D. Fla.·
1986-11-18
The court held that the plaintiff failed to state a claim upon which relief could be granted under the Freedom of Information Act, dismissing the case.
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707 F.2d 491·
11th Cir.·
1983-06-16
The court held that the Tax Court correctly dismissed the petition for lack of jurisdiction because it was not filed within the statutory 91-day period.
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681 F.2d 587·
9th Cir.·
1982-07-09
The court held that a district court abuses its discretion by granting an extension for a late notice of appeal absent a showing of excusable neglect or good cause.
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533 F.2d 1·
D.C. Cir.·
1976-03-31
The FCC's determination that a cable television station qualified for grandfather status under its 1972 rules, even with fewer than 50 paying subscribers on the cutoff date, was reasonable and served the public interest.
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256 So. 2d 545·
Fla. 3d DCA·
1972-01-18
Chaves Construction Company appealed a dismissal of its challenge to a 1970 intangible tax assessment, arguing the 60-day statutory limitation on tax assessment suits did not apply to intangible property taxes. The Florida appellate court affirmed the dismissal, holding that the
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359 F.2d 450·
C.C.P.A.·
1966-05-05
The court held that the cancellation counterclaim was untimely because the required fee was not paid within the statutory five-year period, and that the opposition to the GOLDEN HORSESHOE registration should be dismissed due to no likelihood of confusion.
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15 Fla. Supp. 103·
Duval Cty. Cir. Ct.·
1959-12-14
Plaintiff purchased a damaged 1958 Pontiac from defendant despite representations it would be factory-perfect, undamaged, and new. The court upheld compensatory damages for breach of warranty but struck the claim for punitive damages, finding the alleged misrepresentation insuffi
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9 Fla. Supp. 62·
Fla. Industrial Comm'n·
1955-07-25
The Florida Industrial Commission denied a carrier's motion to dismiss an appeal based on late filing of the transcript of proceedings. The Commission held that although the transcript was filed one day late, the delay was excusable under the circumstances and the filing requirem