Substantial Compliance Doctrine

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

• Hull Co. & J & J Distrib. Co. v. Hauser's Foods, Inc.
  924 F.2d 777· 8th Cir.· 1991-01-29 ·cited 3×
  The sellers failed to qualify for PACA trust protection due to noncompliance with statutory requirements for payment terms.
• People's Tr. Ins. Co. v. Hernandez
  400 So. 3d 744· Fla. 3d DCA· 2024-10-16 ·cited 2×
  An insured materially breaches a homeowner's insurance policy by conditioning work authorization on arbitrary demands not required by the contract, and a work authorization signed after the close of evidence cannot be admitted or considered to cure the breach.
• de Acosta v. Naples Cmty. Hosp. Inc.
  Fla. 2d DCA· 2019-09-25 ·cited 2×
  A party substantially complies with the requirement to move for trial de novo within 20 days of a nonbinding arbitration decision when it files a statement of facts and identification of disputed issues indicating rejection of the award, and the opposing party waives strict compl
• Deutsche Bank Nat'l Tr. Co. FOR THE Registered Holder OF Morgan Stanley Home Equity Loan Tr. 2007-2 Mortg. Pass Through Certificates v. Fairbanks
  212 So. 3d 490· Fla. 2d DCA· 2017-03-01 ·cited 2×
  Deutsche Bank appealed a trial court's dismissal of a foreclosure action, arguing the court erred in finding that the bank's notice of default failed to comply with the mortgage's notice requirements. The appellate court reversed, holding that the notice substantially complied wi
• Butterworth v. Quick & Reilly, Inc.
  998 F. Supp. 1404· M.D. Fla.· 1998-04-02 ·cited 2×
  The court held that a failure to timely amend a branch office address does not render a securities dealer unregistered, and therefore, does not entitle a customer to rescission or support claims for breach of contract, fraud, or breach of fiduciary duty.
• Est. OF Malcolm McALPINE, Jr. v. Commissioner OF Internal Revenue
  968 F.2d 459· 5th Cir.· 1992-08-04 ·cited 2×
  An estate substantially complied with special use valuation regulations, allowing perfection of the election despite missing beneficiary signatures on the recapture agreement, because the requirement for those signatures was unclear and the estate acted in good faith.
• In re SAN Joaquin Food Serv., Inc. v. SAN Joaquin Food Serv., Inc.
  958 F.2d 938· 9th Cir.· 1992-03-11 ·cited 2×
  A seller's failure to disclose payment terms on invoices, when parties have agreed to payment terms different from those established by the Secretary of Agriculture, forfeits the seller's benefits in the Perishable Agricultural Commodities Act (PACA) trust.
• Orin R. Woodbury and Imogene R. Woodbury v. Commissioner OF Internal Revenue
  900 F.2d 1457· 10th Cir.· 1990-04-04 ·cited 2×
  A taxpayer's election of the fifty-percent method for charitable contribution deductions is valid if substantial compliance with notice requirements is met, and such an election is irrevocable once made, even if a different method later appears more financially advantageous.
• In re Load-It, Inc. v. VTCC, Inc.
  774 F.2d 1077· 11th Cir.· 1985-10-29 ·cited 2×
  The court held that the lessor substantially complied with the Georgia Title Act by listing itself as 'owner' on the certificate of title, thereby perfecting its security interest.
• Cipriani v. SUN Life Ins. Co. OF Am. v. Cipriani
  757 F.2d 78· 3d Cir.· 1985-03-19 ·cited 2×
  The court held that the district court erred in excluding testimony under the Pennsylvania Dead Man's Act and that the evidence presented was sufficient to establish substantial compliance with the policy's change of beneficiary provisions.
• Gladney v. Commissioner OF Internal Revenue
  745 F.2d 955· 5th Cir.· 1984-11-05 ·cited 2×
  The court held that the taxpayers should not be subjected to harsh tax penalties due to a procedural notice error in terminating a charitable trust.
• Amf Inc. v. The United States
  610 F.2d 739· Ct. Cl.· 1979-11-14 ·cited 2×
  The court held that special rules for determining foreign tax credits under Treas.Reg. § 1.963-4 do not apply to distributions exceeding the minimum required distribution under I.R.C. § 963. Such excess distributions are subject to ordinary tax rules.
• United States v. Adams
  458 F.2d 619· 9th Cir.· 1972-03-15 ·cited 2×
  The court held that substantial compliance with Army regulations regarding moral waivers for induction is sufficient, and the defendant was not ineligible for induction due to minor procedural errors.
• Arabella Bunch Wiley v. United States
  399 F.2d 844· 10th Cir.· 1968-09-10 ·cited 2×
  The court held that the insured's manifest intent, accompanied by an affirmative act of executing the change of beneficiary form, was sufficient to accomplish a beneficiary change even with technical inaccuracies in policy numbers.
• Peter M. Elliott in Bankruptcy of Kenneth P. Ostman and Douglas L. Ostman v. Ostman
  340 F.2d 581· 9th Cir.· 1965-01-05 ·cited 2×
  The court held that the bankrupts' homestead declarations substantially complied with California law by estimating their equity value, even if not the full cash value.
• Samuels v. Delucchi
  286 F.2d 504· 9th Cir.· 1961-01-13 ·cited 2×
  A homestead declaration substantially complies with California Civil Code § 1263, subd. 4, if it provides creditors with a reasonable estimate of the homesteader's equity in the property.
• Castro v. People's Tr. Ins. Co.
  315 So. 3d 761· Fla. 4th DCA· 2021-04-28 ·cited 1×
  An insurer's option-to-repair provision in a homeowner's insurance policy is enforceable and valid under Florida Statutes § 627.7011, and applies to partial losses as well as total losses. An insured's failure to execute a work authorization and pay the required deductible when t
• Hartz v. Wells Fargo Bank, N.A.
  319 So. 3d 161· Fla. 1st DCA· 2021-04-16 ·cited 1×
  This case involves a homeowner appealing a foreclosure judgment, arguing that VA regulations created conditions precedent to foreclosure and that the bank failed to prove the debt amount. The appellate court affirmed the foreclosure but reversed the judgment on the debt amount, f
• Wells Fargo Bank v. Cook
  276 So. 3d 997· Fla. 2d DCA· 2019-07-26 ·cited 1×
  A mortgagee establishes standing to foreclose through evidence of a valid assignment of the note and mortgage, and a trial court errs in granting an involuntary dismissal when the plaintiff presents sufficient evidence of standing and substantial compliance with default notice re
• Hall v. Resolution Tr. Corp.
  958 F.2d 75· 5th Cir.· 1992-04-08 ·cited 1×
  The court held that the lender's decision to call for additional collateral was reasonable as a matter of law, and the borrower's proposed substitution of collateral did not satisfy the loan agreement terms, thus the borrower breached the agreement by ceasing payments.
• The Waterfront in Naples Condo. Ass'n, Inc. v. Reynolds Ventures, Inc.
  Fla. 6th DCA· 2026-08-21
  A party seeking a trial de novo following non-binding arbitration complies with Florida Rule of Civil Procedure 1.820(h) when it timely files a document that provides notice of rejection of the arbitration decision and requests a trial de novo, even if the document does not expre
• The Waterfront in Naples Condo. Ass'n, Inc. v. Reynolds Ventures, Inc.
  Fla. 6th DCA· 2026-08-21
  A party seeking a trial de novo following non-binding arbitration complies with Florida Rule of Civil Procedure 1.820(h) when it timely files a document that provides notice of rejection of the arbitration decision and requests a trial de novo, even if the document does not expre
• Rodriguez v. Valentina Rodriguez
  Fla. 5th DCA· 2026-05-01
  Summary denial of a timely filed and pursued motion to vacate under Florida Family Law Rule 12.490(e) based solely on an incomplete record is reversible error; a hearing on the motion is mandatory, and the trial court must assess whether the movant substantially complied with the
• Bay Haven at Coco Bay Condo. Ass'n, Inc. v. Hartford Ins. Co. of the Midwest
  M.D. Fla.· 2026-01-14
  An insured cannot recover additional federal flood benefits if they fail to submit a signed and sworn proof of loss for the specific amounts sought, as substantial compliance is insufficient under the National Flood Insurance Program.
• Williams v. Oakley Transp., Inc.
  M.D. Fla.· 2025-09-08
  The court held that an EEOC right-to-sue notice does not trigger the one-year limitations period under Fla. Stat. § 760.11(8)(c) unless it meets specific statutory requirements, and therefore the general four-year statute of limitations applies.
• Sobel v. Sobel
  Fla. 4th DCA· 2024-04-17
  A beneficiary designation for an IRA is effective only upon the financial institution's actual receipt and acceptance of the form, as required by the custodial agreement, and the substantial compliance doctrine cannot excuse failure to comply with this material term.
• Demase v. State Farm Fla. Ins. Co.
  Fla. 5th DCA· 2022-11-14
  A civil remedy notice must comply strictly with the specificity requirements of § 624.155(3)(b), which mandates that the notice identify the specific statutory language allegedly violated and reference specific policy language relevant to the violation; substantial compliance is
• Heslope v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2021-11-17
  When an insured submits a sworn proof of loss, whether the document substantially complies with policy obligations is a question of fact precluding summary judgment.
• Junior Julien v. United Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2021-03-03
  A civil remedy notice under section 624.155, Florida Statutes, must identify with specificity the particular statutory and policy provisions allegedly violated; listing nearly all policy sections and citing thirty-five statutory provisions fails to meet this requirement and does
• Allende v. Veloz
  273 So. 3d 142· Fla. 3d DCA· 2019-02-20
  A trial court does not abuse its discretion in denying a request to return a child and suspend time-sharing when a parent has relocated without statutory compliance, but instead fashions other appropriate remedial relief under section 61.13001(6)(a)2, particularly where the child
• Carter v. State
  Fla. 1st DCA· 2018-04-20
  A court's oral pronouncement of sentence controls over any written sentencing document, and the trial court must award the credit as orally pronounced.
• Deutsche Bank Nat'l Tr. Co. for Residential Asset Securitization Tr. Series 2006-A13 Mortg. Pass Through Certificate Series 2006-M v. Pappa
  203 So. 3d 951· Fla. 2d DCA· 2016-09-23
• Stanley v. Bank OF Am., N.A.
  199 So. 3d 409· Fla. 4th DCA· 2016-08-17
  Homeowners appealed a foreclosure judgment after a magistrate recommended dismissal based on findings that they had cured their mortgage default. The trial court rejected the magistrate's recommendation and entered final judgment for the bank. The appellate court affirmed, holdin
• Bank OF NEW York Mellon v. Baloun
  200 So. 3d 148· Fla. 5th DCA· 2016-05-27
• Blansfield v. Alumni Ass'n OF Ariz. State Univ.
  Del. Ch.· 2015-07-31
  The court denied the defendants' motion for summary judgment, finding that material issues of fact remained regarding the decedent's intent to change the beneficiary of his IRA and whether he took all reasonably possible steps to effectuate that change, especially in light of his
• Gerry Goldsmith v. McDONALD
  32 So. 3d 713· Fla. 4th DCA· 2010-04-07
  In this election dispute from the Town of Palm Beach, challenger Goldsmith contested the reelection of incumbent Mayor McDonald, who won by a single vote. Goldsmith argued that the Canvassing Board improperly excluded absentee ballots as untimely, but the court affirmed the Board
• Dunn v. Cox
  560 F. Supp. 2d 1247· M.D. Fla.· 2008-06-06
  The court held that the unsigned beneficiary designation form was invalid because it lacked the required signature, and the doctrine of substantial compliance did not apply.
• Dierdre M. Sherer v. Construcciones Aeronauticas, S.A.
  987 F.2d 1246· 6th Cir.· 1993-03-02
• The Credit Life Ins. Co. v. The United States
  948 F.2d 723· Fed. Cir.· 1991-10-31
  The court held that the conclusive presumption of worthlessness for bad debts under 26 C.F.R. § 1.166-2(d) requires the taxpayer to claim the deduction on the return when filed, and this requirement cannot be satisfied by the doctrine of substantial compliance.
• Am. Gen. Life Ins. Co. v. Fine
  944 F.2d 232· 5th Cir.· 1991-10-09
  The court held that a genuine issue of material fact exists regarding the validity and intent behind a torn and taped beneficiary change form, precluding summary judgment.
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  904 F.2d 567· 11th Cir.· 1990-06-27
  A technical violation of failing to pay a periodic renewal fee under an amended securities statute, after initially obtaining an exemption and complying with all public protection provisions, can be excused under the doctrine of substantial compliance.
• Brentwood Fin. Corp. (formerly Auto Warehousing Co.) v. W. Conf. OF Teamsters Pension Tr. Fund
  902 F.2d 1456· 9th Cir.· 1990-05-11
  An employer withdrawing from a multi-employer pension plan is subject to withdrawal liability if the transferee employer fails to post a bond or establish an escrow account as required by statute, regardless of substantial compliance or equitable considerations.
• Est. OF John T. Higgins v. Commissioner OF Internal Revenue
  897 F.2d 856· 6th Cir.· 1990-03-12
  The court held that the estate failed to make a valid election to treat property as qualified terminable interest property (QTIP) because the estate tax return did not clearly manifest an affirmative intent to elect, despite the estate's arguments of confusion and substantial com
• Philadelphia Cmty. Cable Coal. v. Fed. Commc'ns Comm'n
  531 F.2d 1240· 3d Cir.· 1976-03-19
  The court denied petitions to vacate FCC orders regarding cable television franchise transfers.
• Magruder v. Nw. Mut. Life Ins. Co.
  512 F.2d 507· 6th Cir.· 1975-03-05
  The court held that the insured's failure to mail the change of beneficiary form to the insurance company meant he did not substantially comply with policy requirements, rendering the change ineffective.
• Jade Winds Ass'n, Inc. v. Geduldig
  37 Fla. Supp. 19· Dade Cty. Small Cl. Ct.· 1972-05-18
  A condominium association sued unit owners for their share of special assessments for building improvements, but the court ruled in favor of the defendants because the assessment was approved at a meeting that violated statutory notice requirements and proxy voting rules under Fl
• Maule Indus., Inc. v. von Decken-Luers
  186 So. 2d 301· Fla. 4th DCA· 1966-05-16
  Maule Industries appealed a summary judgment denying its mechanic's lien foreclosure action on the ground that its lis pendens failed to strictly comply with statutory requirements. The Fourth District Court of Appeal reversed, holding that the lis pendens achieved substantial co
• Cooper v. The United States
  340 F.2d 845· 6th Cir.· 1965-02-05
  The court held that the appellant failed to prove an effective change of beneficiary for the $7,000.00 policy because she did not execute a specific change of beneficiary form for that policy, and the word 'all' on other forms did not encompass it.