73 Florida cases classified under this topic, plus 622 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that the district court erred by devising a non-discriminatory reason for the employer's actions, rather than requiring the employer to articulate such a reason.
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A district court may dismiss a case for failure to prosecute a related case in Tax Court, even if the Tax Court case is in a different jurisdiction.
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The court held that the plaintiff's notice of appeal was untimely because the underlying Rule 52(b) motion was not filed within the granted extensions.
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785 F.2d 1009·
Fed. Cir.·
1986-02-28
·cited 2×
The court held that the Claims Court erred in applying res judicata to the Public Law 93-530 claim, but correctly found the Fifth Amendment taking claim time-barred.
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The court held that a Rule 41(b) dismissal, whether as a sanction or on the merits, was inappropriate given the circumstances.
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The court held that the district court properly granted the defendant's motion to dismiss under Rule 41(b) because it found no evidence of intentional discrimination, even if a prima facie case was established.
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The court held that the trial court did not err in dismissing the plaintiff's case under Rule 41(b) because the plaintiff failed to establish a prima facie case and had a full opportunity to present evidence.
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766 F.2d 829·
3d Cir.·
1985-07-11
·cited 2×
A party cannot recover economic losses sustained due to another's negligence if there is no physical damage to person or property, adhering to the rule established in Robins Dry Dock & Repair Co. v. Flint.
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The dissenting judge would not reverse the trial court's dismissal, finding the plaintiff's claim to be a small matter of neglect.
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The dissenting judge holds that the magistrate's finding of no discrimination was clearly erroneous because the employee presented sufficient comparative evidence of disparate treatment based on race.
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The court held that a directed verdict rule does not apply to cases tried with an advisory jury, and the proper remedy for the lack of findings of fact and conclusions of law is remand, not reversal.
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Multicon Construction appealed a $41,380 judgment after the trial court reinstated its case following dismissal for failure to prosecute. The court reversed and remanded, directing dismissal because the plaintiff failed to comply with Florida Rule of Civil Procedure 1.420(e) by n
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The court held that the membership links between defendant organizations did not constitute a per se illegal tying arrangement and that appellants failed to prove suppression of competition or monopolization.
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The court should reverse the dismissal because the lower court misinterpreted New York Business Corporation Law § 627 regarding the plaintiff's purchase of stock to avoid posting security.
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The court held that dismissing a protective action without prejudice, even for administrative reasons, is unwarranted if it could impose the burden of litigation the protective suit was designed to prevent.
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The court held that the district court did not abuse its discretion in vacating a prior dismissal order and that sufficient evidence supported the jury's verdict of accidental death, affirming the judgment.
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423 F.2d 782·
5th Cir.·
1968-10-09
·cited 2×
The court held that state statutes of limitations do not apply to the federal government, a waiver of notice in a guaranty allows for multiple extensions, and a prior dismissal for failure to make a written demand was not an adjudication on the merits and thus not res judicata.
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The court held that the district court's dismissal for want of prosecution was correct because the plaintiff's refusal to proceed to trial after the court denied his motion to try all issues in admiralty was not an appealable order.
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The court held that the district court misconstrued the appellate mandate by re-entering a prior dismissal order without allowing the plaintiff to present evidence.
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241 F.2d 47·
3d Cir.·
1957-02-12
·cited 2×
The court held that the evidence did not support the plaintiffs' theory of joint venture and breach of trust, thus affirming the dismissal.
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198 F.2d 380·
4th Cir.·
1952-07-26
·cited 2×
The court held that a plaintiff barred by the clean hands doctrine and res judicata from pursuing a patent claim in equity cannot relitigate the same issues in a subsequent damages action.
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The court recommended dismissal of the habeas corpus petition without prejudice.
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The court held that dismissal with prejudice was an appropriate sanction for the plaintiff's willful disregard of court orders and failure to prosecute the action.
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The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders to file a proper complaint and pay the filing fee or move to proceed in forma pauperis.
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2022 WL 16745264·
S.D. Fla.·
2023-01-18
·cited 1×
The court held that the plaintiff's complaint fails to state a claim upon which relief can be granted and does not establish subject-matter jurisdiction, warranting dismissal.
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938 F.2d 33·
4th Cir.·
1991-06-25
·cited 1×
The court held that dismissing a plaintiff's case with prejudice as a sanction for attorney misbehavior, particularly when relying on unrelated past conduct and without considering lesser sanctions, was too drastic.
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The court's prior decision, which is binding precedent, was not properly distinguished by the majority.
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The court held that the plaintiff failed to establish a prima facie case of racial discrimination or retaliation, and that the defendant articulated legitimate, nondiscriminatory reasons for its employment decisions.
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646 F. Supp. 1427·
M.D. Fla.·
1986-10-23
·cited 1×
The court held that the plaintiff was an at-will employee and not entitled to procedural due process protections beyond those afforded by Florida law and the city's ordinances.
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The court held that the district court erred in dismissing the § 1983 claim and in ruling against the plaintiff on her Title VII claim, reversing both decisions.
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The court held that the petition for writ of habeas corpus was facially deficient due to a lack of specific factual allegations and granted the petitioner leave to amend.
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The court granted judgment for SHM LMC and entered default against SYG for failure to pay a settlement amount and obtain counsel, dismissing SYG's claims with prejudice.
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The court held that the plaintiff's repeated failures to comply with court orders, including failing to appear for trial, warranted dismissal with prejudice.
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M.D. Fla.·
2026-01-12
A pro se plaintiff's failure to comply with court orders regarding filing fees, applications to proceed in forma pauperis, and address updates can result in dismissal of the action.
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The court held that the plaintiff's third amended complaint was due to be dismissed without prejudice for failure to comply with court orders and federal pleading standards.
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The court denied the motion to dismiss for failure to prosecute because the plaintiff has now filed the necessary responsive pleadings, mitigating the delay.
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The court dismissed the plaintiff's case without prejudice for failure to prosecute and comply with court orders.
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The court held that the plaintiff's repeated failure to comply with court orders and rules, despite multiple extensions and warnings, warranted dismissal of the case for failure to prosecute.
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M.D. Fla.·
2026-01-07
The court held that the plaintiffs' failure to respond to an order to show cause, after previously failing to comply with court orders, warrants dismissal for failure to prosecute.
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The court recommends dismissal without prejudice for failure to prosecute and comply with court orders.
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The court held that dismissal without prejudice is appropriate due to plaintiffs' failure to comply with court orders and prosecute the action.
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The court held that a plaintiff's counsel's failure to comply with a pretrial order's strict deadline for filing a suggestion of death, even after learning of the plaintiff's passing, warrants dismissal without prejudice.
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The court held that dismissal of the case without prejudice for lack of prosecution and failure to comply with court orders was appropriate.
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The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.
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The court held that a pro se prisoner's amended civil-rights complaint must be signed under penalty of perjury, and failure to do so warrants dismissal.
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The court recommended dismissal without prejudice for failure to prosecute and comply with court orders.
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The court recommends dismissal of the case without prejudice for failure to prosecute and comply with court orders.
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The court recommends dismissal of the case without prejudice for failure to prosecute and comply with court orders.
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A defendant is entitled to attorneys' fees as the prevailing party when a plaintiff's case is involuntarily dismissed for failure to prosecute, even if the dismissal is without prejudice.
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The court held that the plaintiff's claims are time-barred because the current lawsuit was filed outside the statutory limitations period, and the prior dismissal, though without prejudice, was effectively with prejudice due to the statute of limitations.