Sufficiency Of Notice

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

• Enzolytics, Inc. v. Empire Stock Transfer Inc.
  Del. Ch.· 2022-12-07 ·cited 61×
  The Court granted Defendant Savov's motion for judgment on the pleadings, dismissing Counts I (declaratory judgment and injunctive relief) and III (unjust enrichment) with prejudice. The Court also dismissed Count II (injunctive relief against Empire Stock Transfer) as moot and s
• United States v. The State OF Ala.
  791 F.2d 1450· 11th Cir.· 1986-06-06 ·cited 39×
  The court held that Alabama State University lacked standing to sue under Section 1983 and Title VI, and that while the Eleventh Amendment bars injunctions against the State Board itself, it permits injunctive relief against Board members in their official capacities.
• NEW Amsterdam Cas. Co. v. Intercity Supply Corp.
  212 So. 2d 110· Fla. 4th DCA· 1968-06-13 ·cited 36×
  New Amsterdam Casualty Company sought declaratory judgment against Intercity Supply Corporation for breach of insurance policy cooperation and notice clauses. The trial court granted summary judgment for the injured third party (Chambers) on his counterclaim. The appellate court
• Olivier v. City of ST. Petersburg
  65 So. 2d 71· Fla.· 1953-02-13 ·cited 36×
  A mother sued the City of St. Petersburg for negligently maintaining streets, resulting in injury to her son. The case turns on whether the plaintiff provided the required statutory notice of the injury claim within the prescribed 60-day period and whether the notice was sufficie
• Princess Vladimir Eristavitchitcherine v. Miami Beach Fed. Sav. & Loan Ass'n
  154 Fla. 100· Fla.· 1944-02-18 ·cited 35×
  In this mortgage foreclosure case, the court addressed whether a foreclosure sale could be challenged based on insufficient notice and inadequate sale price. The Florida Supreme Court dismissed the appeal from the final foreclosure decree as untimely and affirmed the subsequent o
• State of Fla. Dep't OF Transp. v. Plunske
  267 So. 2d 337· Fla. 4th DCA· 1972-05-12 ·cited 32×
  An order entered on stipulation is void when notice of hearing is insufficient (less than two hours' oral notice to distant counsel), when entered by an unauthorized non-lawyer employee without the party's authorization or ratification, and when the settlement was not fairly and
• Graves v. Iowa Mut. Ins. Co.
  132 So. 2d 393· Fla.· 1961-07-12 ·cited 29×
  Roy Graves purchased a fidelity bond covering his bookkeeper Claude Claypool. The insurance company sent a cancellation notice by certified mail, but Claypool himself signed the receipt. When Claypool embezzled funds months later, the insurer refused to pay. The Florida Supreme C
• T. F. Scholes, Inc. v. United States for the Use of H. W. Moore Equip. Co.
  295 F.2d 366· 10th Cir.· 1961-09-08 ·cited 24×
  The court held that the notice provided was sufficient in substance and timeliness under the Miller Act, and that the evidence supported a reasonable approximation of damages awarded.
• The Travelers Indem. Co. v. Johnson
  201 So. 2d 705· Fla.· 1967-06-07 ·cited 22×
  Travelers Indemnity Company sought a declaratory judgment regarding its obligation to pay uninsured motorist coverage benefits to Norma Williams Johnson, who was injured while driving an insured vehicle. The Florida Supreme Court upheld the district court's reversal, holding that
• In re Advisory Opinion to the Governor
  74 Fla. 250· Fla.· 1917-11-01 ·cited 21×
  In this materialman's lien case, the Florida Supreme Court upheld the validity of a lien notice given by a supplier of building materials for work performed on multiple properties owned by the same person, holding that a general notice satisfies statutory requirements and that pr
• Peacock v. Peacock
  160 Fla. 630· Fla.· 1948-06-25 ·cited 20×
  The Florida Supreme Court granted certiorari to review an interlocutory order in equity regarding an alimony enforcement action. W.C. Peacock challenged a judgment for $18,800 in back alimony entered against him, arguing that the notice and proceedings violated due process requir
• Callon Petroleum Co. v. BIG Chief Drilling Co.
  548 F.2d 1174· 5th Cir.· 1977-03-18 ·cited 18×
  The court held that the drilling contractor could not defend its breach of contract on the grounds that the plaintiff failed to prepare the site at the contractually specified location, as the contractor knew of the deviation and participated in it.
• Owensboro ON THE AIR, Inc. v. United States & Fed. Commc'ns Comm'n
  262 F.2d 702· D.C. Cir.· 1958-12-18 ·cited 18×
  The court held that the notice of proposed rulemaking was inadequate because it did not mention the specific channel and location that were ultimately affected by the Commission's order.
• Magee v. City OF Jacksonville
  87 So. 2d 589· Fla.· 1956-05-18 ·cited 18×
  Appellant Magee sought damages for injuries from a defective sidewalk in Jacksonville and appealed a summary judgment in favor of the city based on alleged insufficient notice of injury. The Florida Supreme Court reversed, holding that the notice provided was sufficiently specifi
• Johnson v. Cochran
  124 So. 2d 488· Fla.· 1960-11-16 ·cited 15×
  Johnson sought habeas corpus relief claiming his conviction was invalid because the State failed to notify his grandmother, as his legal guardian, of the charges prior to trial as required by Florida Statute Section 932.38. The Florida Supreme Court held that substantial complian
• Richard Horn and all others similarly situated v. City OF Chicago & Datacom Sys. Corp.
  860 F.2d 700· 7th Cir.· 1988-09-21 ·cited 14×
  The court held that the demand notices provided constitutionally sufficient notice of the opportunity to contest parking violations, reversing the district court's finding of a due process violation.
• Berger v. Commissioner OF Internal Revenue
  404 F.2d 668· 3d Cir.· 1968-11-29 ·cited 12×
  Notices of deficiency are effective if actually received by the taxpayer and their attorney, even if not sent to the "last known address" or by certified mail as strictly interpreted.
• Holmes v. Stearns Lumber & Exp. Co.
  66 Fla. 259· Fla.· 1913-11-04 ·cited 12×
  The Florida Supreme Court affirmed a judgment against a lumber export company's partners for breach of contract. The court held that the partners' notices regarding vessel arrival, while not perfectly precise, were sufficient to warrant the lumber company's reliance and subsequen
• Fla. Health Scis. Ctr., Inc. v. Division OF Administrative Hearings and Sandra Nap Britt and Frank Britt
  871 So. 2d 1062· Fla. 2d DCA· 2004-05-12 ·cited 10×
  The Florida District Court of Appeal addressed whether an administrative law judge (ALJ) has jurisdiction to determine whether proper notice of NICA plan participation was provided to obstetrical patients. The court held that while ALJs have authority to determine compensability
• Wash. Shores Homeowners' Ass'n v. City Of Orlando
  602 So. 2d 1300· Fla.· 1992-07-23 ·cited 10×
  The court held that the city followed proper procedures for bond validation and provided sufficient notice, and that the specific location of a road project is not required to be fixed before bond validation.
• Frazier v. Standard Guar. Ins. Co.
  382 So. 2d 392· Fla. 4th DCA· 1980-04-09 ·cited 10×
  Francis and Jesse Frazier appealed a declaratory judgment ruling that their auto insurance policy was cancelled as of February 29, 1976, despite the insurer's defective notice omitting the apartment number from the address. The court held that actual receipt of a cancellation not
• Anderson v. SeaESCAPE Ltd., Inc.
  541 So. 2d 1339· Fla. 2d DCA· 1989-04-19 ·cited 8×
  Anderson appeals a summary judgment dismissing her personal injury lawsuit from a cruise ship fall based on a one-year limitation in her passenger ticket. The court reverses, holding that summary judgment was improper because it is not undisputed whether Anderson actually receive
• Roslindale Coop. Bank v. Greenwald
  638 F.2d 258· 1st Cir.· 1981-01-08 ·cited 8×
  The court held that the bank and its directors were afforded due process and that the Commissioner of Banks acted within her authority.
• The DeSoto Nat'l Bank v. The Arcadia Elec. Light
  59 Fla. 479· Fla.· 1910-01-01 ·cited 8×
  The Florida Supreme Court reversed a decree enforcing a mechanic's lien against the DeSoto National Bank, holding that the lien claimant failed to substantially comply with statutory notice requirements. The Court found that the notice served did not meet the statutory standard f
• United States v. Belanger
  970 F.2d 416· 7th Cir.· 1992-08-12 ·cited 6×
  The court held that the government's combined filings provided sufficient notice under 21 U.S.C. § 851 to allow for an enhanced sentence, even if one filing was defective on its own.
• Oheneyo Reyes v. Johnstone
  388 So. 2d 344· Fla. 1st DCA· 1980-09-30 ·cited 6×
  The court held that notice of a hearing sent by claimant's attorney is insufficient to satisfy statutory requirements for notice to the employer.
• State Farm Mut. Auto. Ins. Co. v. Perrin
  331 F.2d 565· 7th Cir.· 1964-05-07 ·cited 6×
  A notice of cancellation mailed to the insured's last known address is sufficient to terminate an insurance policy, even if not actually received, provided the policy terms allow for such notice.
• Arrington v. Brown
  116 So. 2d 461· Fla. 3d DCA· 1959-12-10 ·cited 6×
  Catherine Arrington appeals the vacation of a child support arrearage judgment against her ex-husband B. Howard Brown. The trial court vacated the judgment claiming lack of jurisdiction based on alleged defective notice, but the appellate court reversed, finding that supplemental
• McDONALD v. The Gov't OF THE Dist. OF Columbia
  221 F.2d 860· D.C. Cir.· 1955-02-10 ·cited 6×
  The court held that the plaintiffs' failure to provide written notice to the Commissioners of the District of Columbia specifying the correct location of the injury within six months barred their action.
• Chavous v. Goodbred
  158 Fla. 826· Fla.· 1947-04-29 ·cited 6×
  Notice of local or special legislation required by the Florida Constitution may be given by either posting or newspaper publication in the disjunctive, and the posted notice in this case adequately stated the substance of the contemplated municipal charter law.
• Johnson v. State
  899 So. 2d 436· Fla. 4th DCA· 2005-04-06 ·cited 5×
  The court held that revoking probation for a charge not alleged in the affidavit of violation constitutes fundamental error and a violation of due process, even if the defendant had some notice.
• Edmond Phelps v. Gunite Constr. & Rentals
  279 So. 2d 829· Fla.· 1973-06-21 ·cited 4×
  The Florida Supreme Court reviewed an Industrial Relations Commission decision that reversed a compensation award for occupational disease (cement poisoning/contact dermatitis). The Court held that the claimant presented sufficient evidence of a compensable occupational disease a
• State Farm Mut. Auto. Ins. Co. v. Chaney
  272 F.2d 20· 10th Cir.· 1959-11-16 ·cited 4×
  A notice of insurance policy cancellation is effective when mailed to the address listed in the policy, even if the insured does not receive actual notice.
• Country Garden Mkt., Inc. v. Bowles
  141 F.2d 540· D.C. Cir.· 1944-03-06 ·cited 4×
  The court held that the Office of Price Administration had the authority to issue the suspension order based on substantial evidence and sufficient notice.
• Sotomayor v. Seminole Cas. Ins. Co.
  650 So. 2d 663· Fla. 5th DCA· 1995-02-10 ·cited 3×
  Sotomayor appealed a summary judgment dismissing his insurance coverage denial claim after Seminole Casualty cancelled his auto policy for unpaid additional premium. The court affirmed summary judgment against the premium finance company but reversed against Seminole, holding tha
• State v. Strickland
  122 Fla. 784· Fla.· 1936-02-18 ·cited 3×
  The Florida Supreme Court upheld the validity of 1935 legislation that abolished the original Broward County Port District and created a new one with different officers, rejecting the relators' quo warranto challenge based on alleged constitutional defects in the legislative noti
• Powell v. Commissioner OF Internal Revenue
  958 F.2d 53· 4th Cir.· 1992-03-03 ·cited 2×
  The court held that the IRS notice of deficiency was insufficient because it was not mailed to the taxpayer's last known address and the IRS failed to exercise reasonable diligence. The Tax Court erred in dismissing the petition for lack of jurisdiction.
• Jimenez v. Hidalgo Cnty. Water Improvement Dist. NO. 2
  496 F.2d 113· 5th Cir.· 1974-06-17 ·cited 2×
  The court held that the plaintiffs' constitutional attack on the statute was not insubstantial, requiring a three-judge court.
• First Nat'l Bank OF Melbourne v. Sogaard & Debo, Inc.
  406 F.2d 1128· 5th Cir.· 1969-02-04 ·cited 2×
  The court held that the trial court's jury instructions regarding sufficient notice of forged checks were proper, and there was sufficient evidence for the jury to conclude the bank was negligent and that many forged checks were not for legitimate business expenses.
• Fannye Wilson v. City OF Tampa
  209 So. 3d 646· Fla. 2d DCA· 2017-02-01 ·cited 1×
  Fannye Wilson appealed the dismissal of her negligence suit against the City of Tampa for failure to provide adequate pre-suit notice under Florida's sovereign immunity waiver statute. The court reversed, holding that Wilson's notice of claim satisfied the statutory requirements
• City OF Miami v. LEE
  112 So. 2d 24· Fla. 3d DCA· 1959-05-19 ·cited 1×
  City of Miami appeals a decree enjoining storm sewer assessments against property owners in District SR-317 on the grounds that statutory notice was constitutionally insufficient. The appellate court reverses, holding that the city complied with charter requirements and that prop
• Echevarria v. Trivago GMBH
  S.D. Fla.· 2025-09-05
  The court held that the plaintiff's cease-and-desist notices were sufficient to establish the defendants' knowledge of trafficking in confiscated property under the Helms-Burton Act, but granted judgment as a matter of law for the defendants due to insufficient evidence of traffi
• Allstate Fire & Cas. Ins. Co. v. Hallandale Open MRI, LLC
  253 So. 3d 36· Fla. 3d DCA· 2017-11-29
  Allstate Insurance challenged a Miami-Dade County Court judgment in favor of medical provider Hallandale regarding personal injury protection (PIP) insurance reimbursement rates. The Florida Third District Court of Appeal initially dismissed Allstate's second-tier certiorari peti
• K.D. v. Gift OF Life Adoptions, Inc.
  17 So. 3d 1244· Fla. 2d DCA· 2009-09-11
  An unmarried biological father challenged the termination of his parental rights in an adoption proceeding. The Florida appellate court reversed because the adoption agency failed to provide timely notice of the intended adoption plan before filing the petition for termination, t
• United States v. Wade
  230 F. Supp. 2d 1298· M.D. Fla.· 2002-11-05
  The court held that the defendant's motion to compel the return of seized property should be denied because he failed to file a timely and proper claim for administrative forfeiture, and the government provided constitutionally adequate notice.
• Dario Labrada and Maria Del Carmen Calero v. Metro. Dade Cnty.
  715 So. 2d 1126· Fla. 3d DCA· 1998-08-19
  Plaintiffs appealed a summary judgment dismissing their personal injury action against Metropolitan Dade County for failure to provide statutory notice. The court reversed, holding that a pre-suit letter identifying Miami International Airport as the accident location provided su
• United States for the Use of Consol. Elec. Distribs., Inc. v. Altech, Inc.
  929 F.2d 1089· 5th Cir.· 1991-05-01
  The court held that a meeting where a supplier presented unpaid invoices to a general contractor, coupled with the contractor's subsequent letter acknowledging materials used on the project, constituted sufficient written notice under the Miller Act. The court also affirmed the a
• Tucker v. Atwood
  880 F.2d 1250· 11th Cir.· 1989-08-21
  The court held that the Farmers Home Administration's notice of proposed regulations was sufficient under the Administrative Procedure Act.
• Johnson v. The Travelers Indem. Co.
  191 So. 2d 61· Fla. 1st DCA· 1966-10-11
  An insurance company sought a declaratory judgment to avoid liability under an uninsured motorist provision due to delayed notice of an accident. The appellate court reversed, holding that the case involved a factual question about notice sufficiency rather than policy constructi
• Archer v. J. R. Simplot Co.
  289 F.2d 596· 10th Cir.· 1961-04-06
  The court held that the trial court did not err in finding that Simplot provided adequate notice of its intention to cancel the oil and gas leases as required by the contract.