Reasonable Diligence

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

• Zickie Z. Maloley v. R.J. O'Brien & Assocs., Inc.
  819 F.2d 1435· 8th Cir.· 1987-05-19 ·cited 10×
  The court held that the Commodity Futures Trading Commission (CFTC) erred in dismissing the fraudulent inducement claim as time-barred, but correctly dismissed the fraudulent assurances claim as time-barred.
• United States v. Ramsey
  761 F.2d 603· 10th Cir.· 1985-05-07 ·cited 10×
  The court held that a recanted recantation, found false by the district court, does not constitute newly discovered evidence justifying a new trial.
• Bowen v. A.L. Murphy & the Attorney Gen. of the State of Okla.
  698 F.2d 381· 10th Cir.· 1983-01-31 ·cited 10×
  The court held that the district court did not err in dismissing the habeas corpus petition as delayed under Rule 9(a) because the state demonstrated prejudice and the petitioner failed to rebut it or explain the delay.
• Bird v. Ferry
  497 F.2d 112· 5th Cir.· 1974-07-11 ·cited 10×
  The court held that the broker was liable for losses due to the salesman's fraud and misuse of funds, and that the damages awarded were appropriate.
• Campbell v. Wettstein
  476 F.2d 642· C.C.P.A.· 1973-04-05 ·cited 10×
  The court held that biological evaluation tests performed on test animals were sufficient to establish an actual reduction to practice of the invention, reversing the Board of Patent Interferences' decision.
• Brown v. United States
  333 F.2d 723· 2d Cir.· 1964-06-08 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• Sinclair OIL & GAS Co. v. Masterson
  271 F.2d 310· 5th Cir.· 1959-10-27 ·cited 10×
  The court held that the lessee's exploration in one part of a vast lease, especially after a long delay, does not satisfy the implied covenants to explore and develop the entire leased premises.
• Pac. Emp'rs' Ins. Co. v. Oberlechner
  161 F.2d 180· 5th Cir.· 1947-05-08 ·cited 10×
  The court held that the evidence presented a jury question regarding good cause for the late filing of a workers' compensation claim under Texas law.
• Jethro Walker v. State
  945 So. 2d 526· Fla. 1st DCA· 2006-11-06 ·cited 9×
  Florida appellate court denied Walker's petition for belated appeal of a 2000 conviction, holding that although the trial court failed to advise him of his appellate rights, he should have discovered this right through reasonable diligence within the two-year limitation period.
• Diaz v. United States
  165 F.3d 1337· 11th Cir.· 1999-01-29 ·cited 9×
  Lillian Diaz brought a wrongful death claim under the Federal Tort Claims Act alleging that federal prison psychologists negligently treated her husband, leading to his suicide. The court held that a wrongful death claim based on medical malpractice accrues when the plaintiff kno
• United States v. LaDonna Kay Oliver
  908 F.2d 260· 8th Cir.· 1990-07-03 ·cited 9×
  The court held that the district court did not err in denying the motion to compel a witness's address, nor in admitting the detective's opinion testimony, but that the application of Sentencing Guideline § 4B1.3 for sentence enhancement was not adequately explained.
• Small Engine Shop, Inc. v. Concetta Cangelosi Cascio
  878 F.2d 883· 5th Cir.· 1989-08-04 ·cited 9×
  The court held that Louisiana Revised Statute § 13:3886, as interpreted by the district court to be the sole mechanism for actual notice in foreclosure actions, violates the Due Process Clause by impermissibly shifting the entire burden of ensuring notice to the property owner.
• United States v. Darnell
  716 F.2d 479· 7th Cir.· 1983-09-09 ·cited 9×
  The court held that the doctrine of laches bars the defendant from seeking relief under either Rule 32(d) or 28 U.S.C. § 1651(a) due to his twenty-year delay in filing the motion.
• Gridley v. Cunningham
  550 F.2d 551· 8th Cir.· 1977-02-24 ·cited 9×
  The court held that the Section 12(1) claim was barred by the statute of limitations because the amendment adding Cunningham as a defendant did not relate back to the original contract action. However, the Section 12(2) claims were timely.
• THE Florida BAR v. McATEE
  674 So. 2d 734· Fla.· 1996-05-30 ·cited 8×
  The Florida Supreme Court disbarred attorney James R. McAtee for cumulative professional misconduct, including practicing law during suspension, multiple violations of professional conduct rules in bankruptcy representation, and a pattern of disciplinary violations. The decision
• THE Florida BAR v. Rolle
  661 So. 2d 296· Fla.· 1995-10-12 ·cited 8×
  The Florida Supreme Court upheld disciplinary sanctions against attorney Leon Rolle for failing to act with reasonable diligence in representing a criminal client. Rolle was suspended from practice for six months after neglecting to properly appear in federal court and ultimately
• THE Florida BAR v. Merwin
  636 So. 2d 717· Fla.· 1994-05-12 ·cited 8×
  The court held that the attorney's conduct of lying under oath and failing to properly represent a client warrants disbarment.
• Frey v. Amoco Prod. Co.
  943 F.2d 578· 5th Cir.· 1991-10-07 ·cited 8×
  The court's opinion correctly interprets lease provisions regarding royalty entitlements to take-or-pay proceeds and settlements, aligning with prior precedent.
• Dixon v. Anderson
  928 F.2d 212· 6th Cir.· 1991-03-21 ·cited 8×
  The court held that the plaintiffs' claim of a continuing violation should have been evaluated by the lower court, and the case was not ripe for summary judgment.
• Ward v. Commissioner OF Internal Revenue
  907 F.2d 517· 5th Cir.· 1990-08-01 ·cited 8×
  The court held that the IRS failed to exercise reasonable diligence in ascertaining the taxpayer's last known address when mailing a notice of deficiency, and therefore the Tax Court lacked jurisdiction.
• Sennello v. Reserve Life Ins.
  667 F. Supp. 1498· S.D. Fla.· 1987-08-24 ·cited 8×
  The court held that the plaintiff's demotion and termination were the result of gender-based discrimination, violating Title VII.
• Iron Workers Local 118, Int'l Ass'n OF Bridge & Structural Iron Workers, AFL-CIO v. Nat'l Labor Relations Bd.
  804 F.2d 1100· 9th Cir.· 1986-11-20 ·cited 8×
  The court held that the employees' duty to mitigate damages did not require them to pay disputed supplemental dues under protest, as this would effectively eliminate the union's liability for its unfair labor practice. Both employees are entitled to back pay.
• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• The Ensign-Bickford Co. v. Occupational Safety & Health Review Comm'n & Raymond J. Donovan
  717 F.2d 1419· D.C. Cir.· 1983-09-16 ·cited 8×
  The dissenting judge believes the record lacks sufficient evidence to support a finding of willful violation, distinguishing it from mere negligence.
• United States v. Moradi
  673 F.2d 725· 4th Cir.· 1982-03-08 ·cited 8×
  The court held that the district court erred in refusing to set aside the default judgment because the appellant bore no personal responsibility for the failures leading to the default, and the defaults rested upon his counsel's errors.
• Premium Mgmt., Inc. v. Walker
  648 F.2d 778· 1st Cir.· 1981-05-13 ·cited 8×
  The court held that the plaintiff's claims were barred by the statute of limitations because the plaintiff, through reasonable diligence, should have discovered the alleged injury and its cause well before the limitations period expired.
• Diamond v. State
  233 So. 2d 418· Fla. 4th DCA· 1970-03-30 ·cited 8×
  Nondisclosure of a police statement by a co-defendant does not violate due process where the statement is inadmissible hearsay and knowledge of it would not have aided the defendant's defense, particularly where the defendant already knew the facts stated and the witness's identi
• Micrecord Corp. v. The United States
  361 F.2d 1000· Ct. Cl.· 1966-06-10 ·cited 8×
  The court held that the plaintiff failed to prove breach of contract due to misrepresentation or that its losses were caused by the defendant's actions, as opposed to its own errors and external factors.
• Am. Motorists Ins. Co. v. Boortz
  197 F.2d 900· 5th Cir.· 1952-06-27 ·cited 8×
  The court held that the undisputed facts showed as a matter of law that the plaintiff did not have good cause for failing to file his claim within the statutory time, despite the jury's finding.
• Bowers v. Seas Shipping Co., Inc.
  185 F.2d 352· 4th Cir.· 1950-11-15 ·cited 8×
  The court held that the libellant failed to prove the initial minor injury was the proximate cause of his later, more serious knee injury, and that he failed to act with reasonable diligence in seeking medical care.
• Stimson v. Tarrant
  132 F.2d 363· 9th Cir.· 1942-12-15 ·cited 8×
  The court held that a temporary cessation of oil production due to lack of market, despite diligent efforts to find one, does not automatically terminate an oil and gas lease under a "thereafter" clause. The lease remains in effect if the lessee exercises reasonable diligence to
• Gollnick v. James
  94 Fla. 1231· Fla.· 1928-01-09 ·cited 8×
  The Florida Supreme Court affirmed an order overruling a general demurrer, finding that a bill of complaint sufficiently stated a cause of action for recovery of funds paid under a land purchase contract due to the seller's alleged breach.
• Marion and Mary A. S. Sanderson v. Sanderson's Administrators
  20 Fla. 292· Fla.· 1883-06-01 ·cited 8×
  This is a second appeal in a complex estate administration case involving Sanderson's widow and child against the estate administrator. The court affirmed most of the lower court's decisions regarding the administrator's accounting, credits, and allowances, but reversed certain c
• United States v. City OF Chicago
  853 F.2d 572· 7th Cir.· 1988-08-03 ·cited 7×
  The court held that the district court did not abuse its discretion in using the 1972 policewoman roster to determine if Burauer would have been hired absent discrimination, and that McNamara was not required to mitigate damages by continuing in a dissimilar, lower-paying job.
• Barnett Bank OF W. Fla. v. Hooper
  498 So. 2d 923· Fla.· 1986-12-11 ·cited 7×
  A Florida Supreme Court case establishing that banks may assume a duty of disclosure to customers when they establish a confidential relationship with that customer and enter into a transaction from which the bank benefits at the customer's expense, even when this conflicts with
• Fulcher v. United States
  696 F.2d 1073· 4th Cir.· 1982-12-22 ·cited 7×
  The court held that Fulcher's claim under the Quiet Title Act was time-barred because he should have known of the government's claim more than 12 years before filing suit, based on constructive notice principles.
• Trade Banner Line, Inc. v. Caribbean S.S. Co.
  521 F.2d 229· 5th Cir.· 1975-09-24 ·cited 7×
  A wharfinger is not liable for damage to a vessel if it exercised reasonable diligence to provide a safe berth and warn of known hazards, and the damage resulted from the ship's master's decisions regarding mooring.
• Arnold v. Louie L. Wainwright
  516 F.2d 964· 5th Cir.· 1975-08-04 ·cited 7×
  Failure to timely challenge jury composition under state procedural rules constitutes a waiver of the right to federal habeas corpus relief, absent a showing of cause for the failure or actual prejudice.
• Coyle v. City OF Fort Lauderdale
  785 So. 2d 1254· Fla. 4th DCA· 2001-06-06 ·cited 6×
  William Coyle sought belated appellate review of his 1996 trespass conviction more than two years after the time to file a notice of appeal had expired. The court denied relief, finding that Coyle failed to establish he was unaware of his appellate rights and that he could have d
• THE Florida BAR v. Nesmith
  707 So. 2d 331· Fla.· 1998-02-26 ·cited 6×
  The Florida Supreme Court reviewed a disciplinary proceeding against attorney Robert Jerome Nesmith for his failure to diligently prosecute a client's appeal. Although the referee recommended only a public reprimand, the Court imposed a 30-day suspension, finding that Nesmith's c
• Joyce v. Joyce
  975 F.2d 379· 7th Cir.· 1992-09-17 ·cited 6×
  A shipowner's claim for limitation of liability under the Limitation of Shipowner's Liability Act is properly dismissed for lack of subject matter jurisdiction if the underlying claim is for negligent entrustment, as such a claim inherently involves the owner's privity or knowled
• Bohus v. Beloff
  950 F.2d 919· 3d Cir.· 1991-12-13 ·cited 6×
  The court held that the jury could reasonably find the statute of limitations was tolled under either the discovery rule or fraudulent concealment, and thus the district court improperly granted judgment n.o.v.
• Walker v. State
  573 So. 2d 1075· Fla. 4th DCA· 1991-02-13 ·cited 6×
  The Florida Fourth District Court of Appeal reversed Tyrone Walker's conviction due to the trial court's failure to conduct an adequate hearing regarding the state's discovery violations involving three photographs. The court found that the trial court did not properly inquire in
• Sellers v. Delgado Coll.
  902 F.2d 1189· 5th Cir.· 1990-05-29 ·cited 6×
  The court held that the district court was not clearly erroneous in finding that the plaintiff failed to mitigate damages by not exercising reasonable diligence to obtain substantially equivalent employment.
• Eschweiler v. United States
  877 F.2d 634· 7th Cir.· 1989-06-27 ·cited 6×
  The court held that there was a genuine issue of material fact regarding whether the IRS exercised reasonable diligence in sending the notice of deficiency to the taxpayer's last known address.
• Bogorff v. Kjell Koch, M.D.
  547 So. 2d 1223· Fla. 3d DCA· 1989-04-18 ·cited 6×
  The Bogorff family appealed summary judgments entered against them in a medical malpractice and products liability suit stemming from intrathecal methotrexate injections administered to their young son Adam in 1971-1972, which allegedly caused brain damage. The court reversed, ho
• Stotler & Co. v. Able
  870 F.2d 1158· 7th Cir.· 1989-02-23 ·cited 6×
  The court held that the district court did not err in denying Abie's motion for contempt against Stotler, Dalton, Kimmelman, and Collins, nor in denying Stotler's motion for Rule 11 sanctions against Abie.
• Pomeroy v. United States
  864 F.2d 1191· 5th Cir.· 1989-02-08 ·cited 6×
  The IRS is entitled to rely on the address listed on a taxpayer's most recently filed return or extension request as the "last known address" unless provided with clear and concise notification of a change, and mailing the notice to that address is sufficient even if undelivered.
• Ivey Hugh Rutherford v. Exxon Co.
  855 F.2d 1141· 5th Cir.· 1988-09-28 ·cited 6×
  The court held that the plaintiffs' fraud-based claims were time-barred under Texas law because they accrued more than two years before the suit was filed, and the court found no fiduciary duty existed to toll the statute of limitations.
• Barren v. United States
  839 F.2d 987· 3d Cir.· 1988-02-23 ·cited 6×
  The court held that a plaintiff's mental incapacity, even if caused or aggravated by the defendant's negligence, does not toll the statute of limitations under the Federal Tort Claims Act.