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 Benefits Review Board did not abuse its discretion in dismissing Consolidation Coal Company's petition for review due to its failure to file a required brief or respond to a show cause order.
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The court held that the district court's dismissal was proper because the appellants failed to demonstrate sufficient federal action to support their § 1983 claim, despite the inapplicability of res judicata.
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The court held that the new oil and gas lease was a renewal of the original lease, and thus Union's overriding royalty interest attached to it. The court also held that the overriding royalty interest was not barred by the rule against perpetuities.
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The court held that the plaintiff failed to present sufficient evidence of the defendant's negligence to overcome the defendant's motion for involuntary dismissal.
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The court held that Royal's reliance on Kaiser's alleged misrepresentations was not justifiable, and the misrepresentations were not material, thus affirming the dismissal of the fraud and reformation claims. The court also affirmed the denial of additional premium claims and the
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496 F.2d 969·
6th Cir.·
1974-05-15
·cited 4×
The court held that the district court's findings of fact were not clearly erroneous and its conclusions of law were consistent with controlling Supreme Court decisions, affirming the dismissal of the antitrust claims.
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The court held that the proxy statement's alleged misstatements and omissions were not material, and thus did not violate federal securities laws or state common law.
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The court held that the dismissal of the antitrust action for failure to prosecute was not an abuse of discretion.
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The court held that a prior dismissal with prejudice constitutes a complete adjudication on the merits, barring relitigation of the same cause of action.
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The court held that the plaintiff failed to establish a binding contract and was fully compensated for services rendered under quantum meruit.
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A dismissal for failure to appear at a pretrial conference under Local Rule 12, which does not expressly state it is with prejudice, should not be treated as res judicata of the merits.
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The court held that striking the shipowner's answer for failure to comply with a discovery order was not an abuse of discretion.
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The court held that dismissal for failure to prosecute under Rule 41(b) was appropriate, even if the dismissal was intended to be without prejudice, and affirmed the lower court's judgment.
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The court held that the appellant's repeated lawsuits based on the same contract were legally untenable and affirmed the dismissal of the action.
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The court held that the trial court did not err in vacating an order that improperly added parties to destroy diversity jurisdiction and in dismissing the case for want of prosecution.
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212 F.2d 581·
5th Cir.·
1954-05-06
·cited 4×
The court held that the trial court did not abuse its discretion in overruling the plaintiff's motion to vacate the dismissal order, and affirmed the judgment as modified.
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201 F.2d 736·
4th Cir.·
1953-01-27
·cited 4×
The appeal is dismissed because it was not filed within the 30-day time limit prescribed by the Rules of Civil Procedure.
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134 F.2d 894·
6th Cir.·
1943-04-06
·cited 4×
A state court suit does not arise under federal law merely because it is a collateral attack on a federal judgment, especially when the federal judgment is a dismissal on the merits that can be pleaded as res judicata.
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The court held that it has the discretion to dismiss a case without prejudice for failure to comply with local rules, specifically for failing to respond to a motion to dismiss.
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The court held that the district court erred in dismissing Paddington's trade dress infringement claim, finding the No. 12 Ouzo trade dress inherently distinctive and the trade dresses substantially similar, and that Attiki acted in bad faith.
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The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute and retained jurisdiction to clarify its order despite the filing of an appeal.
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The court held that the district court did not err in dismissing the appellant's claims for race discrimination under 42 U.S.C. § 1981, national origin discrimination under Title VII, and retaliatory discharge. The court affirmed the dismissal of all claims.
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The appellate court affirmed the district court's judgment, finding no clear error in the determination that the plaintiff failed to establish a prima facie case for discriminatory discharge or retaliation.
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The court held that the district court did not abuse its discretion in dismissing the case with prejudice for failure to appear at a status conference through counsel, nor in denying the motion to reinstate.
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The court held that terms on the reverse of a purchase order do not need to be conspicuous under the UCC if they are express warranties and not disclaimers. The case is remanded for determination of enforceability under general contract principles.
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837 F.2d 958·
11th Cir.·
1988-02-17
·cited 3×
The court held that the trial court erred in striking plaintiff's expert witness without sufficient justification and in granting a directed verdict for the defendant physician, as material issues of fact remained for the jury.
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The court held that a pro se litigant's deliberate and announced refusal to comply with court orders, even after being warned of potential dismissal, warrants involuntary dismissal under Rule 41(b).
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When an earlier action is dismissed under Fed.R.Civ.P. 41(b) for failure to prosecute, the interruption of prescription is annulled, and prescription runs without interruption from the date of the occurrence.
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The court held that the defendant did not waive its right to arbitration by filing a prior state court action, and thus denied the motion for summary judgment and preliminary injunction.
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A dismissal for failure to prosecute, even if sua sponte, operates as an adjudication on the merits unless otherwise specified, barring subsequent claims under res judicata.
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The court held that a judge should not recuse based on unsupported allegations of bias, and denied motions seeking recognition of a 'sacred title and sigil' and damages.
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Wiesenberg sued Costa Crociere for personal injuries sustained as a cruise ship passenger. The trial court dismissed based on res judicata, but the appellate court reversed that reasoning and affirmed the dismissal on the alternative ground that the forum selection clause in the
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The court held that the plaintiff and his counsel willfully violated court orders and engaged in abusive litigation practices, warranting dismissal of the case with prejudice.
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The court held that the district court did not err in dismissing the RICO claim with prejudice but vacated the dismissal of state law claims and Rule 11 sanctions for lack of explanation.
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986 F.2d 125·
5th Cir.·
1993-03-24
·cited 2×
The court held that an order awarding attorney's fees or costs is not reviewable on appeal until the award is reduced to a sum certain, and affirmed the dismissal of breach of contract claims based on a valid release.
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The court affirmed the bankruptcy court's dismissal of involuntary petitions and imposition of sanctions, finding the petitions were filed in bad faith by creditors with no valid claims.
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The court held that the district court did not err in dismissing the complaint as time-barred and for failure to plead fraud with particularity, and did not abuse its discretion in denying leave to amend.
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A possessor of cash seized by the IRS, who is not the owner, lacks standing to seek judicial review of a jeopardy assessment under 26 U.S.C. § 7429.
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The relaxed pleading standard for pro se litigants does not extend to procedural matters like court-imposed discovery deadlines.
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The court held that dismissal for failure to exhaust administrative remedies should be without prejudice, and affirmed summary judgment for one defendant while reversing and remanding the dismissal of another.
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The court held that the district court did not abuse its discretion in dismissing the Tribe's quiet title action with prejudice due to the Tribe's intentional and willful noncompliance with court orders and rules.
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A district court cannot dismiss a complaint without prejudice as to certain remedies when the plaintiff has voluntarily withdrawn those remedies from a case that is otherwise ready for final judgment.
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The court held that the district court abused its discretion by dismissing the SBA's counterclaim without considering the Poulis factors, and that the Livera group's claims against the SBA were properly dismissed for failure to file an administrative claim. The court also held th
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The BAP abused its discretion by dismissing the appeal without considering alternative sanctions or the relative culpability of the appellant and counsel.
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The court held that the district court erred by dismissing the pro se plaintiff's complaint sua sponte without providing notice, and thus vacated the dismissal and remanded the case.
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The court held that the district court did not abuse its discretion in dismissing the appellants' pro se complaint with prejudice for failure to comply with court orders and as a sanction under Rule 11.
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The court held that the plaintiff presented sufficient evidence to establish a prima facie case of reverse discrimination under Title VII, despite the job not remaining open.
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The court held that plaintiffs failed to preserve claims of gross negligence and that the district court's findings regarding the agents' lack of instruction to the informant and the informant's status as a non-governmental actor were not clearly erroneous.
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The court held that the district court erred by failing to make specific factual findings on all material issues presented by the plaintiff's claims before dismissing the case under Rule 41(b).
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The court held that the district court did not abuse its discretion in striking the plaintiff's testimony as a sanction for nonresponsive and evasive answers, nor in dismissing the case thereafter.