Notice Reasonably Calculated

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

• Vosilla v. Rosado
  944 So. 2d 289· Fla.· 2006-11-09 ·cited 34×
  The Florida Supreme Court held that notice of a tax deed sale sent in compliance with statutory requirements violates due process when the taxing authority has actual notice of the property owner's changed address but sends notice to the former address. The Court disapproved the
• Hart v. Hart
  458 So. 2d 815· Fla. 4th DCA· 1984-10-31 ·cited 33×
  The court held that awarding permanent custody based on a notice for temporary relief violates due process because the parties were not afforded a full and fair opportunity to be heard on the issue.
• Deutsch v. Global Fin. Servs., LLC
  976 So. 2d 680· Fla. 2d DCA· 2008-03-19 ·cited 13×
  Summary judgment in favor of the party seeking to quiet title was improper where genuine issues of material fact remain regarding whether the property owner received adequate notice of the tax sale, specifically whether taxing authorities knew or should have known of a change of
• Loss v. Loss
  608 So. 2d 39· Fla. 4th DCA· 1992-08-19 ·cited 10×
  A former husband appeals from a final judgment of dissolution entered after a status conference that unexpectedly became a final hearing without proper notice. The Fourth District Court of Appeal reversed, holding that the trial court lacked notice of trial, had pending motions u
• Stateside Mach. Co., Ltd. v. Alperin
  591 F.2d 234· 3d Cir.· 1979-01-15 ·cited 10×
  The court held that a broad arbitration clause covers claims of fraud in the inducement of the contract, and that service of process under the Pennsylvania long-arm statute was proper even though the mail was returned unclaimed.
• Patricia Weingarten Assocs., Inc. v. Jocalbro, Inc.
  974 So. 2d 559· Fla. 5th DCA· 2008-02-15 ·cited 7×
  Patricia Weingarten Associates appeals a tax deed sale where the county failed to provide constitutionally adequate notice of the tax deed sale despite having Weingarten's correct address on file. The court reversed, holding that when mailed notice is returned unclaimed, the stat
• Am. Cap. Network & Robert Schlein v. Command Credit Corp.
  707 So. 2d 874· Fla. 4th DCA· 1998-03-04 ·cited 7×
  American Capital Network and Robert Schlein appealed a final judgment entered ex parte by the trial court based on a settlement letter. The Fourth District reversed, holding that even though a valid settlement existed, the appellee's counsel lacked authority to obtain the judgmen
• Alonso v. Arabel, Inc.
  622 So. 2d 187· Fla. 3d DCA· 1993-08-17 ·cited 6×
  Two unemployed workers challenged the Florida Unemployment Appeals Commission's dismissal of their appeals as untimely, claiming due process violations because all notices were in English despite their inability to read English. The court affirmed, holding that providing notice i
• Broomall Indus., Inc. v. Data Design Logic Sys., Inc.
  786 F.2d 401· Fed. Cir.· 1986-03-17 ·cited 6×
  The court held that a debtor's reorganization plan does not discharge a known creditor's claim if the debtor fails to provide constitutionally adequate notice of the bankruptcy proceedings, even if the creditor had actual knowledge of the proceedings.
• In re Cohoes Indus. Terminal, Inc. v. Latham Sparrowbush Assocs.
  931 F.2d 222· 2d Cir.· 1991-05-01 ·cited 4×
  The court held that an attorney should not be sanctioned under Bankruptcy Rule 9011 or 28 U.S.C. § 1927 for filing a Chapter 11 petition or for repeatedly asserting a claim if the petition had a reasonable basis and the claim was pursued until it was addressed on the merits.
• In re Forfeiture OF: ONE 1978 Chevrolet Corvette V.I.N. 1Z87L85401439
  447 So. 2d 1031· Fla. 4th DCA· 1984-04-04 ·cited 4×
  The court held that the forfeiture order must be reversed because the notice provided was constitutionally inadequate.
• Carroll Goodman v. Goodman
  126 So. 3d 310· Fla. 3d DCA· 2013-03-27 ·cited 2×
  The Third District Court of Appeal reversed the trial court's denial of motions to intervene and set aside an adult adoption judgment. The court held that the trial court erred in failing to vacate the adoption of a 42-year-old woman by a defendant imprisoned for DUI manslaughter
• Profile Invs., Inc. v. DELTA Prop. Mgmt., Inc.
  19 So. 3d 1013· Fla. 1st DCA· 2009-08-26 ·cited 2×
  Profile Investments appeals a summary judgment that invalidated a tax deed it obtained through a tax certificate sale, after the trial court applied recent Supreme Court decisions to impose additional notice requirements beyond those specified in Florida statute. The First Distri
• Peters v. Nat'l R.R. Passenger Corp.
  966 F.2d 1483· D.C. Cir.· 1992-06-16 ·cited 2×
  The court held that the mailed notices, despite the absence of an apartment number and an incorrect zip code, were reasonably calculated to apprise the plaintiff of the class action, and thus the dismissal was affirmed. The court also affirmed the denial of the plaintiff's motion
• Vanhorn v. Dea
  677 F. Supp. 2d 1299· M.D. Fla.· 2009-05-29 ·cited 1×
  The court held that the plaintiff was not entitled to set aside the forfeiture because he knew or should have known of the seizure in sufficient time to file a claim, and the DEA's notification efforts comported with due process.
• Vanhorn v. Florida
  677 F. Supp. 2d 1288· M.D. Fla.· 2009-03-09 ·cited 1×
  The court held that it lacked jurisdiction to consider the merits of the forfeiture but would hear challenges to the adequacy of notice. It denied motions to return property and suppress evidence, but set a hearing on the motion to set aside the forfeiture due to potentially inad
• Dumorange v. Florida Unemployment Appeals
  947 So. 2d 472· Fla. 3d DCA· 2006-11-01 ·cited 1×
  Dumorange appealed the dismissal of his unemployment compensation appeal as untimely after he missed the 20-day filing deadline. The court reversed, holding that Hurricane Wilma's severe impact on South Florida constituted an exceptional circumstance warranting application of a l
• Ligeri v. Independent
  M.D. Fla.· 2024-01-09
  The court granted plaintiff's motion for leave to serve the defendant LLC by alternative means, including certified/regular mail, email, and service upon the Arizona Secretary of State.
• Wright v. The Individuals
  S.D. Fla.· 2023-11-27
  The court granted the plaintiffs' motion to authorize alternate service of process via email and website posting.
• Birmingham v. Rofx.net
  S.D. Fla.· 2022-03-24
  The court granted in part and denied in part the plaintiffs' motion for alternative service, allowing service on foreign defendants outside Ukraine via email, social media, and publication, but denying service on defendants in Ukraine due to the ongoing war.
• Fume, LLC v. Shenzen Youme Info. Tech.
  S.D. Fla.· 2021-10-13
  The court granted the plaintiff's motion to authorize alternate service of process on the foreign defendant via email.
• Johnson's Servs., Inc. v. Pinellas Cnty.
  863 So. 2d 470· Fla. 2d DCA· 2004-01-21
  Johnson's Services challenged a summary judgment dismissing its §1983 procedural due process claim against Pinellas County for curbing off two of the company's gas station driveways without notice. The court reversed, holding that Johnson's Services had a constitutionally protect
• In & for New Castle Cnty. New Castle Cnty. v. C.A. No. 02T-04-015 W. Francis Gallen & Stephanie A. Gallen
  Del. Super. Ct.· 2003-05-27
  The Court denied the defendants' motion to vacate confirmation and set aside the sheriff's sale. The Court found that the County provided adequate notice of the sale, satisfying due process requirements, and that the challenge to the purchase price was raised too late and lacked