Notice Of Claim Requirements

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

• Bloom v. Miami-Dade Cnty.
  816 F. Supp. 2d 1265· S.D. Fla.· 2011-09-16
  The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
• Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co.
  336 F. Supp. 2d 1201· M.D. Fla.· 2004-08-05
  The court held that a claim seeking damages within a broad estimated range, rather than a specified or determinable amount, fails to satisfy the condition precedent for recovery under the Carmack Amendment and the Uniform Bill of Lading.
• Theobie Wells, Jr. v. Fla. Dep't OF Corr.
  801 So. 2d 970· Fla. 5th DCA· 2001-11-30
  The Fifth District affirmed summary judgment for the Florida Department of Corrections and its personnel, holding that the Wellses failed to comply with statutory notice requirements, were bound by a prior settlement agreement, and were barred by accord and satisfaction and statu
• Betancourt v. City OF Miami
  709 So. 2d 196· Fla. 3d DCA· 1998-05-06
  The court held that the plaintiff's claim against the City was barred due to failure to provide timely written notice as required by statute.
• de Checa v. Diagnostic Ctr. Hosp., Inc.
  995 F.2d 74· 5th Cir.· 1993-07-14
  Notice of claim given to any party within the two-year limitations period tolls the statute for all potential litigants for an additional 75 days. Insufficient notice period requires abatement, not dismissal.
• Port Chester Elec. Constr. Corp. v. HBE Corp. & the Fireman's Fund Ins. Co.
  978 F.2d 820· 2d Cir.· 1992-11-05
  A prime contractor is not responsible for subcontractor delays unless caused by the prime contractor's direction or control, and subcontractors must provide timely notice of claims for additional compensation.
• Benitez v. Dade Cnty.
  21 Fla. Supp. 82· Dade Cty. Cir. Ct.· 1962-03-28
  The court held that summary judgment for the defendant was proper because the plaintiffs failed to provide adequate notice of their claim and did not present evidence of negligence regarding the escalator's speed.
• Mut. Benefit Health & Accident Ass'n v. Brunke
  276 F.2d 53· 5th Cir.· 1960-03-15
  The court held that the insured's failure to provide timely notice of claim, nearly two years after the injury, was unreasonable under Illinois law and precluded recovery.
• Treadwell v. Dist. OF Columbia
  255 F.2d 541· D.C. Cir.· 1958-04-17
  The court held that the plaintiff failed to provide sufficient evidence of the District's negligence in maintaining the curb and gutter where she fell.