Substantial Compliance Doctrine

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

• People OF the State OF Cal. v. Simon
  504 F.2d 430· Temp. Emer. Ct. App.· 1974-07-26 ·cited 59×
  The Federal Energy Office (FEO) did not terminate its rulemaking proceeding when it rescinded the state and local government exemption for crude oil, and therefore, its action was valid.
• Monark Boat Co. v. Nat'l Labor Relations Bd.
  708 F.2d 1322· 8th Cir.· 1983-06-06 ·cited 38×
  The court held that the Equal Access to Justice Act's (EAJA) thirty-day time limit for filing an attorney's fees application is a jurisdictional requirement that must be strictly complied with, and the application must be received by the agency within that period.
• Prussner v. United States
  896 F.2d 218· 7th Cir.· 1990-02-15 ·cited 28×
  The court held that the estate's failure to timely file the recapture agreement with the estate tax return was fatal to the qualified-use valuation election, as neither statutory relief provisions nor the doctrine of substantial compliance applied.
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  880 F.2d 335· 11th Cir.· 1989-08-10 ·cited 26×
  The appellate court held that the amended statute requiring periodic fees to maintain a securities registration exemption was procedural and thus applied retroactively. It also held that the amended statute only required payment of the fee, not refiling of documents, to maintain
• United States v. Umberto Jose Chavez
  478 F.2d 512· 9th Cir.· 1973-02-28 ·cited 26×
  Misidentification of the authorizing official in a wiretap application, even with subsequent ex post facto approval, violates statutory requirements and necessitates suppression of the wiretap's fruits.
• Buck v. City OF Hallandale
  85 So. 2d 825· Fla.· 1955-12-02 ·cited 24×
  Norman Buck and his minor son David sued the City of Hallandale for negligence following a bicycle-car collision allegedly caused partly by the city's negligent pesticide-spraying operation. The Florida Supreme Court affirmed summary judgment dismissing the action because the pla
• Ferlita v. State
  380 So. 2d 1118· Fla. 2d DCA· 1980-03-05 ·cited 23×
  A circuit court clerk lacks the power to enter a judgment against a surety on a forfeited bail bond without first filing a certified copy of the order of forfeiture, as required by statute.
• Florida-Texas Freight, Inc. v. Hawkins
  379 So. 2d 944· Fla.· 1979-12-13 ·cited 23×
  Florida-Texas Freight challenged Public Service Commission rules governing freight forwarder tariff procedures, arguing the Commission failed to prepare an adequate economic impact statement as required by the Florida Administrative Procedure Act. The Florida Supreme Court upheld
• Edwards v. State Farm Fla. Ins. Co.
  64 So. 3d 730· Fla. 3d DCA· 2011-06-15 ·cited 22×
  Leroy Edwards appealed a summary judgment in favor of State Farm Insurance after Edwards failed to comply with policy conditions precedent requiring submission to an examination under oath and provision of documentation supporting his claimed losses from Hurricane Frances damage.
• Kiekhaefer Corp. v. Nat'l Labor Relations Bd.
  273 F.2d 314· 7th Cir.· 1960-01-05 ·cited 20×
  The court held that the National Labor Relations Board properly rejected the petitioner's exceptions as untimely filed, as they were received after the established deadline.
• Nationstar Mortg. v. Silva
  239 So. 3d 782· Fla. 3d DCA· 2018-03-07 ·cited 18×
  A mortgagee's default notice is sufficient under the mortgage's notice provision if it substantially complies with the requirement to notify the borrower of the default, how to cure it, and the consequences of non-cure. Absent evidence of prejudice to the borrower, a discrepancy
• U.S.B. Acquisition Co., Inc. v. U.S. Block Corp.
  564 So. 2d 221· Fla. 4th DCA· 1990-07-11 ·cited 18×
  The most extreme sanction of dismissal for discovery violations should not have been imposed where the party substantially complied with the discovery order by delivering most requested documents on the day before the sanctions hearing.
• Gehl Co. v. Commissioner OF Internal Revenue
  795 F.2d 1324· 7th Cir.· 1986-07-09 ·cited 18×
  Treasury Regulation § 1.993-2(d)(2) is valid, but it cannot be applied retroactively to Gehl's taxable years 1976 and 1977.
• CWT Farms, Inc. v. Commissioner OF Internal Revenue
  755 F.2d 790· 11th Cir.· 1985-03-19 ·cited 18×
  The court held that the demand notes were not qualified producer's loans and that commissions receivable were not qualified export assets due to untimely payment, thus disqualifying the corporation as a DISC.
• Early v. Bankers Life & Cas. Co.
  959 F.2d 75· 7th Cir.· 1992-03-25 ·cited 16×
  The court held that the plaintiff's amended complaint, alleging he was misled by the EEOC regarding the timeliness of his charge, should have been allowed to proceed, and the case should not have been dismissed at the pleading stage.
• Ernest L. Posey and Kathleen v. Posey
  449 F.2d 228· 5th Cir.· 1971-09-28 ·cited 16×
  The court held that failure to file the required Form 964 election, despite substantial compliance with other aspects of Section 333, forfeits the non-recognition benefits of the one-month corporate liquidation provisions.
• Venstone Stone v. Dist. OF Columbia
  237 F.2d 28· D.C. Cir.· 1956-06-28 ·cited 16×
  The court held that statutory notice requirements for claims against the District of Columbia must be strictly followed as written by Congress, and courts cannot relax these requirements even if the District had actual notice.
• Heinberg Bros. v. Thompson
  47 Fla. 163· Fla.· 1904-01-01 ·cited 16×
  Heinberg Brothers sued stockholders of Creary Mercantile Company for corporate debts under a Florida statute imposing personal liability on stockholders if the corporation fails to comply with filing and affidavit requirements. The court held that affidavits filed before the corp
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• Allen v. Margarete Dalk
  826 So. 2d 245· Fla.· 2002-08-29 ·cited 12×
  The Florida Supreme Court held that a constructive trust cannot be imposed to validate an otherwise invalid will, even where the testator clearly intended to execute it but failed to comply with statutory formalities due to a mistake. The Court declined to extend its holding in E
• Foss v. United States
  865 F.2d 178· 8th Cir.· 1989-01-09 ·cited 12×
  The court held that the estate did not qualify for special use valuation because the required notice of election and recapture agreement were not attached to the estate tax return, and this omission was not a minor technicality.
• Gulf Power Co. v. Stack
  296 So. 2d 572· Fla. 1st DCA· 1974-06-25 ·cited 12×
  Gulf Power Company appealed a circuit court judgment dismissing its eminent domain action and denying its right to condemn property owned by the Stacks and Mayos. The court affirmed, holding that Gulf failed to comply with Florida's mandatory statutory requirement that a condemna
• Coleman v. Wilber M. Brucker
  257 F.2d 661· D.C. Cir.· 1958-06-19 ·cited 12×
  The court held that the government's notification to employees regarding their discharge did not constitute substantial compliance with the applicable regulation, which required specific findings to be provided.
• Mid-Continent Wood Prods., Inc. v. Harris
  936 F.2d 297· 7th Cir.· 1991-07-03 ·cited 11×
  A district court cannot create its own test for personal jurisdiction in the absence of service of process that complies with Rule 4 of the Federal Rules of Civil Procedure, as actual notice alone is insufficient.
• Mieles v. S. Miami Hosp.
  659 So. 2d 1265· Fla. 3d DCA· 1995-08-30 ·cited 10×
  Rosa Gonzalez Mieles appealed the dismissal of her medical malpractice complaint against South Miami Hospital. The trial court dismissed the case because a notarized medical expert opinion was filed late, even though a timely non-notarized opinion substantially complied with Flor
• Grossman v. Honorable Gordon A. Duncan, Jr.
  371 So. 2d 142· Fla. 1st DCA· 1979-03-14 ·cited 10×
  Denise Grossman sought a writ of prohibition to prevent a judicial referee from conducting a medical malpractice mediation hearing beyond the six-month statutory deadline. The court held that the hearing was not properly commenced before a three-member panel as required by statut
• In re State Thread Co. Gilman v. Davis. Davis V. Gilman
  126 F.2d 296· 6th Cir.· 1942-03-04 ·cited 10×
  The court held that the district court erred in requiring a notary to certify personal acquaintance and in disallowing votes based on technical deviations from official forms when substantial compliance was met. The court also found that the creditor was deprived of a technical,
• Boatman v. Thomas "Tommy" Hardee
  254 So. 3d 604· Fla. 1st DCA· 2018-08-23 ·cited 9×
  Section 105.031(5)(a)1, Florida Statutes, is unambiguous and requires a candidate for school board to submit a check drawn upon the candidate's campaign account to pay the qualifying fee, with a cashier's check permitted only if the campaign check is returned by the bank. The sub
• Fla. Hometown Democracy, Inc. v. Cobb
  953 So. 2d 666· Fla. 1st DCA· 2007-03-30 ·cited 8×
  Florida Hometown Democracy, Inc. and Lesley Gay Blackner challenged the constitutionality of Senate Joint Resolution 2394, which proposed to impose time limitations on citizen-initiated constitutional amendments. The trial court granted summary judgment for the Secretary of State
• Roof Structures, Inc. v. Picou
  544 So. 2d 1138· Fla. 4th DCA· 1989-06-14 ·cited 8×
  Roof Structures, a sub-subcontractor, appealed a judgment denying enforcement of its mechanic's lien for failure to serve notice on the true general contractor. The court reversed, holding that the sub-subcontractor was entitled to rely on building department records when the own
• Rainey v. Union OIL Co. OF Cal.
  732 F.2d 1563· Temp. Emer. Ct. App.· 1984-04-05 ·cited 8×
  The court held that the plaintiffs substantially complied with the regulation governing the designation of a new base period gasoline supplier, and the trial court erred in directing a verdict against them.
• Dep't OF Hwy. Safety & Motor Vehicles v. Emmett Bruce McGILL
  616 So. 2d 1212· Fla. 5th DCA· 1993-04-23 ·cited 7×
  The Florida Department of Highway Safety and Motor Vehicles appealed a circuit court decision that voided a driver's license suspension because the supporting affidavits did not comply with notarization requirements added by 1992 amendments to Florida's notary statutes. The appel
• State v. State Bd. OF Educ. OF Fla.
  467 So. 2d 294· Fla.· 1985-03-29 ·cited 7×
  The Florida Supreme Court upheld the validity of $100 million in public education capital outlay bonds issued under a constitutional amendment that had not been published in all required counties. The court found that the publication failure constituted harmless error under a sub
• Bartlett v. Commissioner OF Internal Revenue
  937 F.2d 316· 7th Cir.· 1991-07-12 ·cited 6×
  The court held that the estate's failure to timely file the recapture agreement for Section 2032A special use valuation and the terminable nature of the interest bequeathed to the surviving spouse under a joint and mutual will prevent the estate from claiming the marital deductio
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  559 So. 2d 1128· Fla.· 1990-04-12 ·cited 6×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a mutual fund that obtained a valid exemption from Florida securities registration but failed to pay a renewal fee after 36 months substantially complied with statutory requirement
• Gladney v. Paul Revere Life Ins. Co.
  895 F.2d 238· 5th Cir.· 1990-03-01 ·cited 6×
  The court held that the plaintiff failed to satisfy the conditions precedent for interim disability insurance coverage, and therefore the policy was not in effect at the time of his hospitalization.
• Arkoma Assocs. v. Carden
  874 F.2d 226· 5th Cir.· 1988-12-07 ·cited 6×
  The court held that diversity jurisdiction was proper because Arkoma was a valid limited partnership under Arizona law, and that the trial court's findings regarding the lease, guaranties, and deceptive trade practices claims were not clearly erroneous.
• Edward J. and Violette Fehrs v. The United States
  556 F.2d 1019· Ct. Cl.· 1977-05-18 ·cited 6×
  The court held that the taxpayers substantially complied with the filing requirement for capital gains treatment under I.R.C. § 302(c)(2)(A) because they filed the agreement promptly after having notice that it was necessary and before trial, and their initial failure to file was
• Kuhnsman v. Wells Fargo Bank, N.A.
  311 So. 3d 980· Fla. 2d DCA· 2020-10-30 ·cited 5×
  The appellate court affirmed a foreclosure judgment against the Kuhnsmans, holding that Wells Fargo substantially complied with the HUD regulation requiring a face-to-face interview before foreclosure. The court found that the Kuhnsmans' refusal of a certified letter and their in
• Prida v. Transamerica Ins. Fin. Corp.
  651 So. 2d 763· Fla. 3d DCA· 1995-03-08 ·cited 5×
  Prida and Strong appealed a summary judgment in favor of Transamerica Insurance Finance Corporation (TIFCO), challenging whether TIFCO's insurance cancellation notice complied with Florida's requirement that certain language appear in 12-point type or larger. The court held that
• Peckham v. GEM State Mut. OF Utah
  964 F.2d 1043· 10th Cir.· 1992-05-21 ·cited 5×
  The court held that the employee's benefit program was an ERISA plan, preempting state law claims for estoppel and other torts, but not preempting the doctrine of substantial compliance, which was rejected on its merits.
• KT'S KAR Kare, Inc. v. Laing
  617 So. 2d 325· Fla. 4th DCA· 1993-03-10 ·cited 4×
  KT's Kar Kare appealed a judgment awarding damages to Laing for alleged violations of Florida's Motor Vehicle Repair Act regarding an engine conversion estimate. The court reversed, holding that KT's handwritten note substantially complied with the statutory written estimate requ
• The Prudential Ins. Co. OF Am. v. Parker
  840 F.2d 6· 7th Cir.· 1988-02-10 ·cited 4×
  The court held that the insured's father was not entitled to the full insurance proceeds because the designation of beneficiary was not validly executed according to statutory requirements.
• Atl. Veneer Corp. v. Commissioner OF Internal Revenue
  812 F.2d 158· 4th Cir.· 1987-02-20 ·cited 4×
  A taxpayer cannot take advantage of a stepped-up basis in a partnership interest without making a valid election under § 754, and substantial compliance is insufficient if the essence of the requirement, such as providing notice of intent, is not met.
• Conn. Gen. Life Ins. Co. v. Gulley
  668 F.2d 325· 7th Cir.· 1982-01-11 ·cited 4×
  The court held that the insured substantially complied with the policy terms for changing a beneficiary, even though the form was not delivered before his death.
• Fehrs Fin. Co. v. Commissioner OF Internal Revenue
  487 F.2d 184· 8th Cir.· 1973-11-06 ·cited 4×
  The court held that a belatedly filed agreement to notify the IRS of stock reacquisition does not substantially comply with the requirements for treating a stock redemption as a sale or exchange, and that unsecured private annuities do not constitute a property distribution in th
• AETNA Life Ins. Co. v. Hayes
  324 F.2d 759· 6th Cir.· 1963-11-19 ·cited 4×
  The court held that the insured's failure to execute the change of beneficiary form, despite efforts to locate the policy, did not constitute substantial compliance with the policy's requirements under Arkansas law.
• Ocwen Loan Servicing, LLC v. Osmundsen
  204 So. 3d 118· Fla. 2d DCA· 2016-11-16 ·cited 3×
  Ocwen Loan Servicing appealed the dismissal of its foreclosure action against the Osmundsens, challenging the trial court's finding that the default notice failed to comply with paragraph 22 of the mortgage. The appellate court reversed, holding that the default letter substantia
• Wells Fargo Bank, N.A. v. Hernandez & Silva Enters., Inc.
  193 So. 3d 67· Fla. 3d DCA· 2016-05-04 ·cited 3×
  A mortgagee's default notice is sufficient if it substantially complies with the mortgage's default notice provision, not strictly complies.
• Chalfonte Condo. Apt. Ass'n, Inc. v. QBE Ins. Corp.
  695 F.3d 1215· 11th Cir.· 2012-09-20 ·cited 3×
  Hurricane Wilma damaged property owned by Chalfonte Condominium Apartment Association, which filed a claim with its insurer QBE. Chalfonte sued for breach of contract and breach of the implied warranty of good faith and fair dealing, and the jury awarded damages. The Eleventh Cir