Motion To Dismiss For Lack Of Jurisdiction

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

• Signtronix, Inc. v. Annabelle's Interiors, Inc.
  260 So. 3d 1186· Fla. 1st DCA· 2018-12-31 ·cited 2×
  Signtronix, Inc. appealed a trial court's denial of its motion to dismiss for improper venue based on a contractual forum selection clause. The appellate court reversed, holding that the parties' sales agreement contained a mandatory, exclusive venue provision requiring disputes
• Danzas Taiwan, Ltd. v. Freeman
  868 So. 2d 537· Fla. 3d DCA· 2003-05-14 ·cited 2×
  Danzas Taiwan, a Taiwanese freight forwarder, appealed the denial of its motion to dismiss for lack of personal jurisdiction. The appellate court reversed, holding that no cause of action exists under Florida's fraudulent conveyance statute against a party who merely assists in a
• DKJ, Inc. v. Swierski
  560 So. 2d 1388· Fla. 3d DCA· 1990-05-15 ·cited 2×
  DKJ, Inc., a dissolved Florida corporation, appealed a trial court's denial of its motion to quash service of process and dismiss for lack of jurisdiction in a personal injury suit filed over three years after the corporation's dissolution. The court affirmed, holding that Florid
• Mather Constr. Co. v. The United States
  475 F.2d 1152· Ct. Cl.· 1973-03-16 ·cited 2×
  A corporation's capacity to sue is determined by the law of its state of incorporation, and a corporation suspended for failure to pay taxes lacks the capacity to maintain a suit.
• Indasia Underwood v. State
  272 So. 3d 858· Fla. 2d DCA· 2019-05-24 ·cited 1×
  Indasia Underwood appealed her conviction for unlawful possession of personal identification information and revocation of community control. The appellate court affirmed the judgment and sentence but remanded the case regarding a procedural defect involving the trial court's pos
• Paul v. State
  233 So. 3d 1181· Fla. 3d DCA· 2017-11-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to dismiss, holding that Florida could exercise criminal jurisdiction over a crime committed on a cruise ship in international waters. The court found that the "effects doctrine" justified jurisdiction because the
• Lanson v. Reid
  314 So. 3d 279· Fla. 3d DCA· 2017-03-27 ·cited 1×
  Appellants appealed a trial court order dismissing their Amended Complaint with prejudice more than 20 months after the dismissal was rendered. The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely filed, exceeding the 30-day
• Villa Lyan, Inc. v. Perez
  159 So. 3d 940· Fla. 3d DCA· 2015-03-11 ·cited 1×
  Villa Lyan, a non-profit education provider, challenged an Appellate Division order that dismissed its administrative appeal for using an improper remedy and awarded attorney fees to the opposing party. The District Court of Appeal granted the petition for writ of certiorari, hol
• Golden State Indus., Inc. v. Amparo Cueto
  883 So. 2d 817· Fla. 3d DCA· 2004-04-14 ·cited 1×
  Golden State Industries, Inc. appeals the denial of its motion to dismiss for lack of personal jurisdiction in a negligence suit arising from a pool deck collapse. The court affirmed, finding that Golden State waived the personal jurisdiction defense by not raising it initially,
• Yahweh v. United States Parole Comm'n
  158 F. Supp. 2d 1332· S.D. Fla.· 2001-08-15 ·cited 1×
  The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
• Melton v. Hanley Schwinger & Dollar Rent-A-Car, Inc.
  678 So. 2d 470· Fla. 5th DCA· 1996-08-16 ·cited 1×
  The court dismissed an appeal for lack of jurisdiction because the appellants' notice of appeal was untimely filed. The appellants' motion for new trial, which would have tolled the appeal deadline, was filed more than 10 days after the verdict was rendered, and therefore did not
• Dimino v. Farina
  572 So. 2d 552· Fla. 4th DCA· 1990-12-19 ·cited 1×
  This case addresses whether a defendant waives jurisdictional and service of process defenses by filing procedural motions such as motions to change venue and to stay proceedings after initially challenging jurisdiction. The Fourth District reversed the trial court's denial of th
• Weems v. Ass'n of Related Churches
  M.D. Fla.· 2023-11-06
  The court held that a stay of discovery is warranted pending resolution of the motion to dismiss due to a non-frivolous challenge to subject matter jurisdiction.
• AIM Immunotech, Inc v. Tudor
  M.D. Fla.· 2022-12-12
  The Court held that the clerk's entry of default against Defendant Walter Lautz should be set aside for good cause.
• Diasolwa v. Burneikis
  Fla. 3d DCA· 2022-11-30
  Father appealed an amended final judgment in a paternity case, but the appeal was untimely because the operative judgment was rendered on October 22, 2019, and Father failed to appeal within 30 days or file a timely post-judgment motion tolling rendition; the amended judgment mer
• Mukhanbetzhanova v. Dyussembayeva
  S.D. Fla.· 2022-11-16
  The court adopted the Magistrate Judge's report, denying the defendants' motion to dismiss and quash service without prejudice, and allowing limited jurisdictional discovery.
• Helga Zielcke v. Ilva Rubio
  Fla. 3d DCA· 2022-06-29
  Helga Zielcke appealed a trial court's denial of her motion to quash service of process and dismiss for lack of jurisdiction. The appellate court affirmed the trial court's finding of personal jurisdiction over Zielcke but remanded for the trial court to address whether service o
• Peters III v. Cheval Golf Club, LLC
  M.D. Fla.· 2022-01-07
  The court held that a plaintiff's failure to provide the required 30-day notice to the appropriate state authority before filing a Title II Civil Rights Act claim mandates dismissal of that claim, even if the notice is provided after the lawsuit is filed.
• Dept. of Child. & Families v. Panno
  Fla. 2d DCA· 2021-03-17
  The Department of Children and Families appealed the trial court's denial of its motion to dismiss a records inspection action. The appellate court held that the trial court lacked jurisdiction because the plaintiff failed to serve DCF in compliance with Florida Statutes section
• Scott v. State
  Fla. 4th DCA· 2020-08-05
  The Florida Fourth District Court of Appeal affirmed the revocation of Xavier Scott's community control and his sentences for failing to register as a sex offender. However, the court remanded the case for the trial court to issue a written order specifying the exact conditions o
• Lanson v. Reid
  Fla. 3d DCA· 2019-03-06
  A motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540(b) does not affect the finality of the judgment or suspend the time for filing a notice of appeal, which must be filed within 30 days of the dismissal order.
• Serv v. Ace Amusement Serv
  15th Cir. Ct. App. Div.· 2016-01-08
  Appellants Seth Ruback and Dialysis Services of Boca appealed a default final judgment entered by the trial court in a civil theft action brought by Ace Amusement Service, Inc. The appellate court reversed the judgment, holding that the clerk improperly entered a default because
• Horton v. Horton
  179 So. 3d 459· Fla. 1st DCA· 2015-11-16
  In this family law case, a former husband appealed a trial court's contempt order, challenging the court's personal jurisdiction and the attorney's fees award. The First District Court of Appeal affirmed, holding that the former husband waived his right to challenge personal juri
• Kingcade v. Parker
  577 F. Supp. 2d 731· S.D. Fla.· 2013-06-13
  The court affirmed the magistrate judge's report, granting the motion to dismiss for failure to exhaust administrative remedies and dismissing the claims against all defendants.
• Auto-Owners Ins. v. Se. Floating Docks, Inc.
  152 L.R.R.M. (BNA) 2862· M.D. Fla.· 2005-09-28
  The court held that defendants have standing to move to quash subpoenas for inadequate notice and to seek a protective order for undue burden, but not for claims of privilege or confidentiality regarding non-party financial records. The court granted a protective order as to over
• Rico-Perez v. Juliana Rico-Perez
  734 So. 2d 1177· Fla. 3d DCA· 1999-06-23
  Father sought appointment of a guardian of his minor son's property in probate court after dissolution of marriage, alleging mother was misusing $6,750 monthly child support payments. The probate court dismissed the guardianship petition without prejudice, finding the family cour
• Kenneth W. Hoover, M.D. v. Dep't OF Prof'l Reg.
  620 So. 2d 805· Fla. 5th DCA· 1993-06-25
  Dr. Kenneth Hoover sought a writ of prohibition to prevent the Department of Professional Regulation from continuing disciplinary proceedings against him. The court granted the writ, holding that the Board of Medicine's December 30, 1992 dismissal order terminated the entire admi
• Farrell v. Farrell
  518 So. 2d 931· Fla. 2d DCA· 1987-12-16
  In this family law appeal, the Second District Court of Appeal reversed a trial court's assumption of jurisdiction over a custody modification petition, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA) because Pennsylvania, where a
• State v. Miranda
  513 So. 2d 170· Fla. 1st DCA· 1987-09-03
  The Florida Department of Administration appeals a State Retirement Commission decision awarding disability retirement benefits to the widow of a deceased firefighter. The court reversed, holding that because the employee died before his disability retirement application was appr
• Edmund G. and Kaatje R. Redman v. Commissioner OF Internal Revenue
  820 F.2d 209· 6th Cir.· 1987-06-05
  The Tax Court may resolve factual disputes at a hearing on a motion to dismiss for lack of jurisdiction, and extrinsic evidence cannot be used to prove the mailing date of a lost certified mail receipt.
• Friedberg v. McGILL
  506 So. 2d 84· Fla. 1st DCA· 1987-04-30
  Friedberg, a New York resident and guarantor of a promissory note, appealed a denial of his motion to dismiss a cross-claim for lack of jurisdiction filed by the note's makers. The court reversed, holding that a cross-claim seeking indemnification from a guarantor requires a sepa
• Manrique v. Giorgio Fabbri
  474 So. 2d 844· Fla. 3d DCA· 1985-08-06
  Appellants sought to dismiss a lawsuit based on a forum selection clause in a stockholders' agreement purporting to submit disputes to Netherlands Antilles jurisdiction. The Third District Court of Appeal affirmed the trial court's denial of the motion to dismiss, holding that th
• Conrad v. State of Fla. Comm'n ON Ethics
  414 So. 2d 1076· Fla. 1st DCA· 1981-03-27
  The court reviewed an advisory opinion from the Florida Commission on Ethics concerning whether a school board attorney, who is a partner in a law firm contracting with the school board, has a prohibited conflict of interest.
• Valdes v. Lumbermen's Mut. Cas. Co.
  507 F. Supp. 10· S.D. Fla.· 1980-10-02
  The court held that the plaintiff's complaint alleged sufficient facts to withstand a motion to dismiss for failure to state a claim, as it could be construed as "sex plus" discrimination under Title VII.
• Bifano v. Creative Mgmt. Assocs. Inc.
  307 So. 2d 909· Fla. 3d DCA· 1975-01-28
  Anthony Bifano, a Texas resident named as a third-party defendant in a Florida breach of contract action, challenged the trial court's denial of his motion to dismiss for lack of jurisdiction. The court reversed, holding that Florida's long-arm statute did not apply because the w
• Fine v. Fine
  122 So. 2d 494· Fla. 1st DCA· 1960-08-02
  This Florida appellate case addresses the proper procedural method for challenging a plaintiff's residency in a divorce action. The court affirmed the trial court's decision, holding that residency requirements go to jurisdiction over the subject matter (not jurisdiction over the