Reasonable Diligence

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

• Eve C.W. Wallin v. Commissioner OF Internal Revenue
  744 F.2d 674· 9th Cir.· 1984-08-28 ·cited 17×
  The IRS failed to exercise reasonable diligence in ascertaining the taxpayer's last known address by not searching for her social security number in the spousal taxpayer box, thus violating statutory notice procedures.
• Gladding Corp. & Outdoor Sporting Goods Co. v. Register
  293 So. 2d 729· Fla. 3d DCA· 1974-04-09 ·cited 17×
  Gladding Corporation and Outdoor Sporting Goods Co. sought rescission of a business acquisition agreement on grounds of fraud and misrepresentation by the seller, Thomas Register. The trial court denied rescission and found Gladding liable under the sales and employment agreement
• PAN Am. Petroleum Corp. v. ORR
  319 F.2d 612· 5th Cir.· 1963-06-28 ·cited 17×
  The court held that there was sufficient evidence to submit the issues of fraudulent concealment and reasonable diligence to the jury, and the jury's finding that the plaintiff failed to exercise reasonable diligence was supported by substantial evidence.
• THE Florida BAR v. Shoureas
  892 So. 2d 1002· Fla.· 2004-08-19 ·cited 16×
  The Florida Supreme Court reviewed a referee's recommendation to disbar attorney Marjorie Shoureas for neglecting client matters and failing to communicate with clients in two representation cases. The Court approved the findings of guilt but rejected disbarment, instead imposing
• Eric C. Rajala in Bankr. for Gen. Poly Corp. v. Allied Corp.
  919 F.2d 610· 10th Cir.· 1990-11-02 ·cited 16×
  The court held that the evidence was insufficient to establish a fiduciary relationship between the parties because there was no conscious assumption of fiduciary duties by the defendant.
• Rosales v. United States
  824 F.2d 799· 9th Cir.· 1987-08-12 ·cited 16×
  The court held that the plaintiffs' claims under the Federal Tort Claims Act were not time-barred by the two-year statute of limitations because the claims did not accrue until the plaintiffs discovered, or reasonably should have discovered, both the injury and its cause.
• Paulik v. Nabil Rizkalla and Charles N. Winnick
  760 F.2d 1270· Fed. Cir.· 1985-04-22 ·cited 16×
  The court held that an inventor's resumed activity after a prolonged delay in filing a patent application can be considered as evidence of priority of invention, even if the delay constituted suppression.
• Stansbury v. Bond
  482 F.2d 968· C.C.P.A.· 1973-08-16 ·cited 16×
  The court affirmed the Board of Patent Interferences' decision, holding that the junior party, Stansbury, had not shown priority of invention and that the senior party, Bond, had the right to make the counts.
• The Kongo
  155 F.2d 492· 6th Cir.· 1946-05-27 ·cited 16×
  The court held that a party who is the alter ego of a charterer and aware of charter limitations cannot assert a maritime lien for wages paid and assigned. It also held that suppliers who fail to exercise reasonable diligence to ascertain charter terms are not entitled to a lien.
• Blackmon v. Hill
  427 So. 2d 228· Fla. 3d DCA· 1983-02-15 ·cited 15×
  The court affirmed a judgment for specific performance, finding that the sellers failed to use reasonable diligence to make the land title marketable and insurable due to unsatisfied judgments.
• Arnold v. Marshall
  657 F.2d 83· 6th Cir.· 1981-08-05 ·cited 15×
  The court held that a petitioner must demonstrate diligence in filing a habeas petition to overcome prejudice to the state caused by delay, and that the petitioner here failed to do so.
• Raymond v. ELI Lilly & Co.
  556 F.2d 628· 1st Cir.· 1977-06-15 ·cited 15×
  The court held that the district court properly applied the discovery rule standard to the undisputed facts, finding the action was brought within the statute of limitations.
• City OF Tampa v. Tula Johnson
  114 So. 2d 807· Fla. 2d DCA· 1959-09-23 ·cited 15×
  The City of Tampa appealed a jury verdict awarding $7,500 to Tula Johnson and $7,500 to her husband for personal injuries and loss of consortium resulting from Johnson's fall into a negligently maintained manhole. The appellate court affirmed, holding that evidence of the manhole
• Morway v. Bondi
  203 F.2d 742· C.C.P.A.· 1953-04-15 ·cited 15×
  The court affirmed the Board of Interference Examiners' decision, holding that the junior party (Morway et al.) failed to establish an actual reduction to practice prior to the senior party's (Bondi) constructive reduction to practice and also failed to demonstrate reasonable dil
• THE Florida BAR v. Springer
  873 So. 2d 317· Fla.· 2004-04-29 ·cited 14×
  The Florida Bar sought discipline against attorney Arthur James Springer for ethical violations across six counts involving incompetent representation, failure to perform legal services, falsification of documents, and dishonest conduct toward clients. The Florida Supreme Court a
• THE Florida BAR v. Elster
  770 So. 2d 1184· Fla.· 2000-10-12 ·cited 14×
  The Florida Supreme Court reviewed four consolidated attorney discipline cases against Allan M. Elster for misconduct in immigration law representation. The court approved the referee's factual findings of multiple ethical violations but rejected the recommended suspensions of 60
• THE Florida BAR v. Kleinfeld
  648 So. 2d 698· Fla.· 1994-12-15 ·cited 14×
  The Florida Supreme Court upheld disciplinary sanctions against attorney Sharon Kleinfeld for multiple ethical violations, most seriously for fabricating accusations against a judge under oath in an affidavit filed with the court. The Court suspended Kleinfeld from practice for t
• LaVille Hannon v. Herb Maschner & Attorney Gen. of the State of Kan.
  845 F.2d 1553· 10th Cir.· 1988-05-10 ·cited 14×
  The court held that dismissal for delay under Rule 9(a) was improper because the state failed to make a particularized showing of prejudice in responding to the petition, and that the merits of the ineffective assistance of counsel claim must be addressed.
• Chrysler Workers Ass'n v. Chrysler Corp.
  834 F.2d 573· 6th Cir.· 1987-11-25 ·cited 14×
  The court affirmed the district court's judgment for Chrysler, finding plaintiffs' claims against it were either barred by the statute of limitations or conceded to be without merit. The court also affirmed the dismissal of GDLS.
• O'Brien v. ELI Lilly & Co.
  668 F.2d 704· 3d Cir.· 1981-12-28 ·cited 14×
  The court concurred with the majority opinion, affirming the dismissal based on the statute of limitations.
• Rosen v. Sparber
  369 So. 2d 960· Fla. 3d DCA· 1978-12-05 ·cited 14×
  In this legal malpractice appeal, the court reversed a summary judgment dismissing Rosen's malpractice claim against his former attorneys Sparber et al. for allegedly negligent advice regarding securities law compliance. The court held that whether Rosen should have discovered hi
• Getty OIL Co. v. Occupational Safety & Health Review Comm'n & the United States Dep't of Labor
  530 F.2d 1143· 5th Cir.· 1976-04-23 ·cited 14×
  An employer is only liable for an OSHA violation if it knew or should have known of the violation through reasonable diligence; mere failure of an experienced employee to follow instructions does not automatically establish employer knowledge.
• Gould v. Schawlow
  363 F.2d 908· C.C.P.A.· 1966-08-04 ·cited 14×
  The court held that the patent applicant did not establish conception of non-reflective side walls, rendering the discussion of diligence unnecessary.
• Willhoit v. Commissioner OF Internal Revenue
  308 F.2d 259· 9th Cir.· 1962-09-04 ·cited 14×
  The court held that installment collections on discounted contracts should be treated as a return of capital until the taxpayer's cost is recovered, and only then is gain taxable, due to inherent risks and uncertainties. It also held that secondary evidence of an open account bal
• Shirley v. Lake Butler Corp.
  123 So. 2d 267· Fla. 2d DCA· 1960-08-24 ·cited 14×
  Walter Shirley sought specific performance of a contract to purchase 5,800 acres of land after it was assigned to him from Kelley George, who had contracted with Lake Butler and A.B.E. The court affirmed dismissal of the specific performance claim based on laches, but remanded fo
• Findley v. Red Top Super Mkts., Inc.
  188 F.2d 834· 5th Cir.· 1951-05-10 ·cited 14×
  Suppliers and crew are not entitled to payment for supplies and wages ordered or incurred by an unauthorized individual, as suppliers have a duty to inquire about authority.
• Prout v. The Dade Cnty. Sec. Co.
  55 Fla. 816· Fla.· 1908-01-01 ·cited 14×
  A mortgage foreclosure case in which the trial court entered a decree pro confesso (bill taken as confessed) against the defendants for failing to answer the complaint within the required time. The Florida Supreme Court affirmed, holding that the defendants failed to demonstrate
• Reynolds v. The Fla. Cent. & Peninsula R.R. Co.
  42 Fla. 387· Fla.· 1900-06-01 ·cited 14×
  The Florida Supreme Court reversed a lower court decree that had enjoined tax collection against the Florida Central and Peninsular Railroad Company for years 1879-1881. The Court held that the railroad failed to demonstrate reasonable diligence in discovering allegedly new evide
• Paron Cap. Mgmt. v. Crombie
  2012 WL 2045857· Del. Ch.· 2012-08-02 ·cited 13×
  The Court denied the Defendant's motions to alter or amend the judgment and for a stay of execution, and granted the Plaintiffs' request for attorneys' fees. The court found no manifest injustice, no newly discoverable evidence, and no misapprehension of material facts to warrant
• Upledger v. Vilanor Inc.
  369 So. 2d 427· Fla. 2d DCA· 1979-04-04 ·cited 13×
  Purchasers of an apartment building sued sellers for fraudulent misrepresentation regarding rental amounts and lease terms. The court reversed summary judgment for the sellers, holding that a party who makes knowing false statements cannot escape liability by claiming the deceive
• The City of Pensacola v. Jones
  58 Fla. 208· Fla.· 1909-06-01 ·cited 13×
  The Florida Supreme Court affirmed a judgment against the City of Pensacola for injuries caused by a defective sidewalk, holding that municipalities have a duty to exercise reasonable diligence in repairing sidewalk defects and are liable for negligent failure to do so, regardles
• THE Florida BAR v. Laing
  695 So. 2d 299· Fla.· 1997-04-24 ·cited 12×
  The Florida Bar disciplined attorney Robert Scott Laing for multiple professional conduct violations spanning six counts, including mishandling client funds, conflicts of interest, dishonesty, and criminal conduct. The Florida Supreme Court affirmed the referee's findings of guil
• Hunt Exterminating Co., Inc. v. Crum
  598 So. 2d 113· Fla. 2d DCA· 1992-04-10 ·cited 12×
  The court held that the trial court abused its discretion in denying the motion to set aside a clerk's default because the defendant established a reasonable doubt of excusable neglect.
• Wehrman v. United States
  830 F.2d 1480· 8th Cir.· 1987-10-08 ·cited 12×
  The court agrees that claims for events within two years before the administrative claim filing are not barred by the statute of limitations.
• La Porte Constr. Co., Inc. v. Bayshore Nat'l Bank OF La Porte
  805 F.2d 1254· 5th Cir.· 1986-12-17 ·cited 12×
  The court held that the RICO claims were time-barred and that the district court should have dismissed the state law claims without prejudice for lack of subject matter jurisdiction after the federal claims were dismissed.
• Pa. Power & Light Co. v. Occupational Safety & Health Review Comm'n & Raymond J. Donovan
  737 F.2d 350· 3d Cir.· 1984-06-15 ·cited 12×
  The court held that while an employee violated the grounding regulation, the employer could not be cited for a serious violation because the record lacked substantial evidence that the employer failed to exercise reasonable diligence to discover and prevent the employee's unfores
• Johnson v. Commissioner OF Internal Revenue
  611 F.2d 1015· 5th Cir.· 1980-02-13 ·cited 12×
  The court held that the Commissioner's mailing of a deficiency notice to the taxpayer's residence address was not sufficient when the Commissioner negligently misplaced a power of attorney that indicated a different business address, and thus the Tax Court's dismissal for lack of
• United States v. The S.S. Lucie Schulte
  343 F.2d 897· 2d Cir.· 1965-04-06 ·cited 12×
  A "prohibition of lien" clause in a charter party is effective to prevent a maritime lien from arising against the vessel for overcharges on shipments made by a time-charterer, provided the shipper could have ascertained the clause's existence through reasonable diligence.
• Int'l Refugee Org. v. Md. Drydock Co.
  179 F.2d 284· 4th Cir.· 1950-01-04 ·cited 12×
  A maritime lien for repairs furnished to a vessel takes precedence over an equitable claim arising from fraud, even if the funds advanced were used to purchase the vessel, as the lien claimant acted in good faith without notice of the fraud.
• Renshaw v. State Ex Rel. Hickland
  5 So.2d 700· Fla.· 1942-01-20 ·cited 12×
  In this mandamus case, the Florida Supreme Court reversed an order requiring the City of Miami Beach to reinstate a discharged taxi cab inspector and pay back salary. The court held that the relator's two-year delay in asserting his reinstatement rights, absent justification, bar
• Finlayson v. Lipscomb
  16 Fla. 751· Fla.· 1878-06-01 ·cited 12×
  In this mortgage foreclosure dispute, the Florida Supreme Court affirmed a decree of foreclosure against John B. Lipscomb, rejecting his defense that the mortgagee (W. J. Hines, acting as executor and trustee) had agreed to cancel the mortgage debt in exchange for bidding in the
• Asa May v. May
  7 Fla. 207· Fla.· 1857-01-01 ·cited 12×
  This Florida Supreme Court case concerns the proper construction of a marriage settlement deed and the validity of an administrator's private sale of a reversionary interest in slaves. The court held that all children of the settlor's daughter—from both marriages—take equally in
• Smith v. Great Am. Rests., Inc.
  969 F.2d 430· 7th Cir.· 1992-07-24 ·cited 11×
  The court held that the jury's finding of age discrimination and willfulness was supported by sufficient evidence, but remanded for recalculation of damages and attorney's fees.
• King v. Commissioner OF Internal Revenue
  857 F.2d 676· 9th Cir.· 1988-09-21 ·cited 11×
  The court held that the IRS failed to mail the notice of deficiency to the taxpayers' last known address, rendering the notice invalid.
• Arvayo v. United States
  766 F.2d 1416· 10th Cir.· 1985-06-26 ·cited 11×
  The court held that the Arvayos' claim accrued when a reasonable person in their position, aware of drastically different diagnoses and the likelihood of brain damage within a short period, would have inquired about potential misdiagnosis and its causal link to the injury, not wh
• Wilhelm v. A.R. Traynor, Jr., D.O.
  434 So. 2d 1011· Fla. 5th DCA· 1983-07-21 ·cited 11×
  The statute of limitations for medical malpractice begins to run when a plaintiff has notice of an injury that is the consequence of a defendant's negligent act, not when the full extent of damages becomes known. Here, the statute began running in March 1979 when Dr. Sawyer infor
• Moore v. Smith
  694 F.2d 115· 6th Cir.· 1982-12-02 ·cited 11×
  The court held that the petitioner's 11-year delay in filing a habeas corpus petition prejudiced the state's ability to respond, and the petitioner failed to rebut this prejudice or justify the delay.
• THE Florida BAR v. Brakefield
  679 So. 2d 766· Fla.· 1996-09-05 ·cited 10×
  The Florida Supreme Court affirmed disciplinary findings against attorney Billy Brakefield for systematic failures to diligently represent clients, inadequately communicate with them, and properly withdraw from representation. The Court suspended Brakefield for six months, requir
• The Radiology Ctr. v. Stifel
  919 F.2d 1216· 7th Cir.· 1990-11-29 ·cited 10×
  The court held that the ERISA statute of limitations requires actual knowledge of the breach, not just constructive knowledge, and that the securities claims should be reconsidered in light of new precedent.
• Vernau v. Vic's Mkt.
  896 F.2d 43· 3d Cir.· 1990-02-14 ·cited 10×
  The court held that the Trustees' failure to perform simple calculations on provided data and inform their agents constituted a lack of reasonable diligence, thus the statute of limitations was not tolled.