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S.D. Fla.·
2025-03-18
The court held that the plaintiffs failed to properly present their administrative tort claims to the USPS within the statutory timeframe, thus barring their suit under the FTCA.
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2024 WL 964197·
M.D. Fla.·
2024-08-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and her claims for equitable tolling were insufficient.
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Fla. 3d DCA·
2024-05-22
Class certification under Florida Rule of Civil Procedure 1.220(b)(3) was proper where plaintiffs established that common questions of law and fact predominated over individual issues, and class representation was superior to other available methods of adjudication. Although indi
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M.D. Fla.·
2024-04-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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M.D. Fla.·
2024-04-12
The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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M.D. Fla.·
2024-02-16
The court held that substituted service on the Florida Secretary of State was invalid because the plaintiff failed to obtain prior court authorization under Federal Rule of Civil Procedure 4(f)(3) before using an alternative method of service.
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M.D. Fla.·
2024-01-02
The court held that the movant's motion to vacate his convictions was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2023-10-12
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
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S.D. Fla.·
2023-09-13
The court held that the plaintiffs' claims under the Florida Deceptive and Unfair Trade Practices Act and New York General Business Law § 349 are barred by the applicable statutes of limitations and cannot be tolled.
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M.D. Fla.·
2023-09-07
The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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S.D. Fla.·
2023-08-16
The court held that the defendant's expert witness is qualified and his testimony is admissible under Daubert and Federal Rule of Evidence 702, as it is based on sufficient facts, reliable principles, and will assist the jury.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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M.D. Fla.·
2023-04-10
The court held that the plaintiff's second amended complaint was dismissed with prejudice because it constituted a shotgun pleading and several claims were barred by sovereign immunity or were untimely.
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Fla. 3d DCA·
2023-03-22
Plaintiffs established the prerequisites for class certification under Florida Rule of Civil Procedure 1.220(b)(3) by demonstrating that common questions of law and fact predominate over individual plaintiff-specific issues and that class representation is superior to other avail
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Fla.·
2023-03-16
The Florida Supreme Court adopted proposed amendments to the Florida Rules of Appellate Procedure to clarify and update procedural rules governing criminal appeals, juvenile cases, death penalty proceedings, and stays pending review. The amendments primarily address terminology c
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M.D. Fla.·
2023-01-13
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither equitable tolling nor actual innocence exceptions applied.
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M.D. Fla.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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S.D. Fla.·
2022-09-15
The court denied the plaintiff's motion for reconsideration because it was procedurally deficient, untimely, and lacked merit, failing to establish grounds for relief under Rule 60(b) or justify reversal of the prior dismissal.
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M.D. Fla.·
2021-10-19
The court held that the petitioner's habeas petition was untimely because he failed to demonstrate reasonable diligence, a prerequisite for equitable tolling.
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Fla. 2d DCA·
2020-10-16
The appellate court affirmed a lower court's decision denying Tampa Electric's motion for summary judgment. The court held that Tampa Electric was not the statutory employer of injured workers who were employees of a contractor, Zachry Industrial, because Tampa Electric had not "
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Del. Ch.·
2020-08-26
The Court of Chancery Master recommended denying the homeowner's motion to vacate the default judgment, granting the homeowners association's motion for contempt but extending the compliance deadline, and awarding court costs to the association while denying attorneys' fees. The
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M.D. Fla.·
2020-08-21
The court held that service of process via email is permissible under Rule 4(f)(3) when a defendant is actively avoiding service and their address is unknown, provided the method is reasonably calculated to give notice and not prohibited by international agreement.
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S.D. Fla.·
2020-03-26
The court held that the plaintiffs' amended allegations of fraudulent concealment were insufficient to toll the statute of limitations for their FDUTPA claim, and their claim for declaratory relief was dismissed as it depended on the underlying substantive claim.
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M.D. Fla.·
2019-10-23
Anthony Ruise, a Florida state prisoner, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his 2010 conviction for sexual battery and raising eight grounds of ineffective assistance of counsel under Strickland v. Washington. The federal district cour
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M.D. Fla.·
2019-10-02
The court held that the federal habeas petition was untimely because the petitioner failed to demonstrate diligence in pursuing his state court remedies and therefore equitable tolling was not warranted.
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246 So. 3d 413·
Fla. 4th DCA·
2018-05-02
A Brady violation occurred when the state produced a letter referencing a DNA report but then repeatedly misrepresented to defense counsel that no DNA testing had been performed, effectively suppressing a report containing genetic profiles that did not match the defendant's DNA a
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Del.·
2016-02-08
The Court accepts the Board on Professional Responsibility's report and recommendation, suspending Matthew M. Carucci from the practice of law for 18 months, retroactive to his transfer to disability inactive status. This decision acknowledges Carucci's substantial admission of e
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Del. Ch.·
2013-12-30
The Court granted the County's motion for clarification in part, denying PCRS's motions for Rule 60(b) relief, deconsolidation, and substitution of parties, and denying PCRS's motion to stay statutory time periods. The court clarified that the 130-acre set-aside for a golf course
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123 So. 3d 133·
Fla. 5th DCA·
2013-10-11
The Florida Fifth District Court of Appeal addresses a motion to reinstate an appeal that was dismissed due to appellant's counsel's repeated failures to timely file briefs and comply with court orders. The court grants reinstatement but clarifies that its request for the Florida
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809 F. Supp. 2d 636·
S.D. Fla.·
2013-06-21
The court held that the plaintiff's securities fraud claims were time-barred because a reasonably diligent plaintiff would have discovered the facts constituting the violation more than two years before the lawsuit was filed.
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Del. Ch.·
2011-02-09
The Court denied Defendant's motion to reopen the record, finding the newly discovered email was not material enough to likely change the outcome and would cause prejudice. The Court also denied Plaintiff's motion for reconsideration, concluding that it failed to demonstrate over
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Del. Ch.·
2011-02-04
The Court of Chancery denied the plaintiff's motion for relief from a final judgment under Rule 60(b), finding that the plaintiff failed to demonstrate grounds for relief, particularly regarding newly discovered evidence that was in its possession prior to judgment. However, the
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Del. Ch.·
2010-10-07
The Court of Chancery denied Defendants' motion to reopen a judgment based on newly discovered evidence. The court found that the defendants failed to demonstrate that the alleged newly discovered evidence (a laptop computer) could not have been discovered with reasonable diligen
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42 So. 3d 843·
Fla. 3d DCA·
2010-08-04
The court held that irregularities in the seizure notice and the defendant's fulfillment of requirements for vacating a default judgment warranted reversal of the denial of her motion.
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Del. Ch.·
2010-07-26
The court denied Pope's motion to supplement the record with Benda's 2009 Form 10-K, finding that Pope could have discovered the information with reasonable diligence, the evidence was largely cumulative, Benda would be unduly prejudiced, and judicial economy favored denial. The
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15 So. 3d 723·
Fla. 4th DCA·
2009-07-15
On remand from the Florida Supreme Court, the Fourth District Court of Appeal reversed a battery and disorderly conduct conviction, finding that the State violated Brady v. Maryland by withholding evidence of the victim's worker's compensation settlement, which could have been us
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6 So. 3d 697·
Fla. 5th DCA·
2009-03-20
Petitioner sought a belated appeal of his 2005 sentence more than two years after the deadline for filing a petition for belated appeal had passed. The court denied the petition because petitioner learned of his counsel's failure to file a timely notice of appeal within the two-y
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Del. Ch.·
2008-02-25
The Court of Chancery dismissed the fraud and breach of contract claims as barred by the statute of limitations, finding that the plaintiffs failed to establish grounds for tolling under either fraudulent concealment or equitable tolling. The court held that the plaintiffs, as so
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Del. Super. Ct.·
2007-02-28
The Delaware Superior Court denied the defendants' motion for summary judgment, holding that the plaintiffs' claims for fraud, conversion, and violations of the Delaware Prohibited Trade Practices Act were timely filed. The court found that the twenty-year statute of limitations
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Del. Super. Ct.·
2007-02-28
The Court held that the plaintiffs' action was timely filed because the three-year statute of limitations for fraud, conversion, and violations of the Delaware Prohibited Trade Practices Act was tolled by the defendants' fraudulent concealment. The court found that the plaintiffs
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469 F. Supp. 2d 1201·
S.D. Fla.·
2006-12-14
The court held that the plaintiffs failed to prove proximate causation for the alleged negligence and that subsequent claims were moot due to the vessel being declared a constructive total loss prior to further damage.
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Del. Ch.·
2006-10-17
The court granted summary judgment for the auction house, finding that the purchasers failed to present evidence of scienter for their fraud claim and that their claim was barred by the statute of limitations. Even assuming the painting was a forgery, the auction house acted in g
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933 So. 2d 4·
Fla. 1st DCA·
2006-04-27
Dr. Beck appeals a medical malpractice judgment in a case where he allegedly created defects in a patient's skull during sinus surgery, leading to meningitis. The court affirmed the denial of summary judgment on the statute of limitations but reversed and remanded for a new trial
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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.
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Del. Super. Ct.·
2003-11-18
The court granted summary judgment for the defendant, PricewaterhouseCoopers LLP (PwC), finding that the plaintiffs' action for negligent misrepresentation was barred by the statute of limitations. The court determined that the statute began to run on January 6, 1999, when the pl
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830 So. 2d 949·
Fla. 5th DCA·
2002-11-22
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995 F.2d 646·
6th Cir.·
1993-06-07
The Sixth Circuit held that the Ohio Supreme Court's determination that the statute of limitations provision for DES claims was unconstitutional required reversal of the district court's summary judgment.
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992 F.2d 813·
8th Cir.·
1993-05-07
The court held that the plaintiff's fraud claim was barred by the statute of limitations because she discovered or should have discovered the fraud more than three years before filing suit.
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988 F.2d 1187·
Fed. Cir.·
1993-03-11
The Board of Patent Appeals and Interferences erred by applying a "beyond a reasonable doubt" standard for proving derivation and priority in a patent interference proceeding; the correct standard is "clear and convincing evidence."