2,208 Florida cases classified under this topic, plus 1,245 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the prisoner's motion to vacate his sentence was untimely, not cognizable, procedurally defaulted, and meritless, and therefore denied.
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The court recommended denying the plaintiff's motion to proceed on appeal in forma pauperis because his appeal is not taken in good faith, as his claims are time-barred.
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The court held that the federal habeas petition was untimely filed and dismissed it as time-barred because the petitioner failed to demonstrate entitlement to equitable tolling.
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The court held that the applicant's habeas corpus petition was time-barred and not subject to equitable tolling or the actual innocence exception.
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Del.·
2025-04-22
The Delaware Supreme Court reversed the Superior Court's dismissal of the buyers' fraudulent inducement and indemnification claims. The Court held that the letter agreement was ambiguous regarding the waiver of fraud claims, and that the buyers had sufficiently pleaded fraudulent
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The court held that the defendant's motion to vacate his sentence is denied because it is procedurally barred, meritless, and untimely.
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The court denied the defendants' motion for summary judgment, finding that genuine issues of material fact exist regarding whether the statute of limitations was tolled. The court determined that under Delaware's borrowing statute, Delaware's tolling doctrines apply, and the plai
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The court held that the plaintiff's filing, though styled as a § 1983 complaint, should be construed as a habeas petition and transferred to the proper venue. The court reasoned that justice is better served by transferring the case to the Middle District of Florida rather than d
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2025-04-11
The court held that the claims in the amended petition are time-barred under AEDPA because they do not relate back to the initial petition and equitable tolling is not warranted.
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M.D. Fla.·
2025-04-09
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year statute of limitations, and his claims of actual innocence do not excuse the procedural default.
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M.D. Fla.·
2025-04-07
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2025-04-04
A lawsuit under a Standard Flood Insurance Policy is time-barred if not filed within one year of the insurer's partial denial of the claim, even if the policyholder later submits a supplemental proof of loss.
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The court held that the petitioner's motion to vacate his sentence was untimely and, alternatively, lacked merit because his counsel's decision not to challenge the traffic stop was a reasonable strategic choice given the petitioner's admission of speeding.
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The court held that the petitioner's federal habeas corpus petition was time-barred under the Anti-Terrorism and Effective Death Penalty Act (AEDPA) because it was filed long after the one-year limitations period expired.
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M.D. Fla.·
2025-03-31
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed more than one year after the judgment became final and no tolling events occurred.
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S.D. Fla.·
2025-03-28
The court affirmed and adopted the magistrate judge's report and recommendation, granting in part and denying in part the defendants' motion to dismiss.
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The court held that the plaintiff's federal court appeal was untimely and equitable tolling did not apply because the plaintiff failed to demonstrate extraordinary circumstances justifying the delay.
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The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA, and the petitioner has not demonstrated entitlement to statutory or equitable tolling, nor any exception to the time bar.
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M.D. Fla.·
2025-03-25
The court held that the petitioner's habeas corpus petition appears untimely under AEDPA, and the petitioner must show cause why it should not be dismissed.
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S.D. Fla.·
2025-03-19
The court held that the Plaintiff's claims under the Florida Civil Rights Act (FCRA) are time-barred by the four-year statute of limitations, and the breach of contract claim fails to state a claim upon which relief can be granted.
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The court held that the plaintiffs failed to properly present their administrative tort claims to the USPS within the statutory timeframe, thus barring their suit under the FTCA.
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2023 WL 4488294·
M.D. Fla.·
2025-03-17
The court held that a habeas corpus petition is time-barred under AEDPA, and the petitioner's claim of a miscarriage of justice due to a constitutional violation does not overcome the time bar without a showing of actual innocence.
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A federal habeas petition is time-barred if filed after the one-year limitations period, and reliance on misinformation from a prison law clerk does not constitute an extraordinary circumstance for equitable tolling.
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The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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N.D. Fla.·
2025-03-07
The court held that the petitioner's habeas corpus petition was timely filed because the one-year limitations period, affected by a leap year and a weekend anniversary date, extended to the Monday following the anniversary.
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M.D. Fla.·
2025-03-06
The court held that the officers were entitled to qualified immunity, thus dismissing the federal claims and declining supplemental jurisdiction over state law claims.
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Dr. Hernandez and his company EGLA alleged that Stingray Digital Group and related defendants misappropriated proprietary audio and video technology, trade secrets, and patents developed by Dr. Hernandez, and that Stingray gained unauthorized access to this technology after acqui
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The court held that the petitioner's federal habeas petition was filed outside the one-year statute of limitations established by AEDPA and was therefore dismissed as time-barred.
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling.
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances justifying equitable tolling.
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The court held that the plaintiffs' breach of contract and unjust enrichment claims were barred by the applicable statutes of limitations, and therefore denied the plaintiffs' motion for partial summary judgment and granted the defendant's motion for judgment on the pleadings on
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The court granted the motion to dismiss, finding the amended complaint to be a shotgun pleading and the ADA/GINA claims time-barred.
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M.D. Fla.·
2025-02-12
The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that equitable tolling was not warranted.
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The court held that plaintiff's hostile work environment and constructive discharge claims (Counts IV and V) were adequately pleaded based on the EEOC charge, but the FLSA claim (Count VI) was dismissed for failure to state timeliness and compliance with court notice. The age dis
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The court held that the plaintiff's motion for reconsideration of the denial of leave to amend was denied because it failed to establish clear error of law and largely attempted to relitigate previously decided issues. The motion for extension of time was granted.
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The court held that the petitioner's application for a writ of habeas corpus is time-barred under the Antiterrorism and Effective Death Penalty Act.
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N.D. Fla.·
2025-01-28
The court held that the petitioner's habeas petition was untimely filed and he failed to establish entitlement to equitable tolling.
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N.D. Fla.·
2025-01-28
The court adopted the Magistrate Judge's recommendation, holding that the petitioner's habeas petition was untimely under AEDPA and dismissing the petition.
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S.D. Fla.·
2025-01-22
The federal habeas petition is dismissed as time-barred because it was filed after the one-year limitations period expired and the petitioner did not demonstrate entitlement to equitable tolling or actual innocence.
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S.D. Fla.·
2025-01-21
The court held that the federal habeas petition is premature because a state post-conviction motion remains pending, and therefore state remedies are not fully exhausted.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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The court held that the plaintiff's FCRA claim was time-barred because she discovered the violation more than two years before filing suit, and amendment would be futile. The court also dismissed the Florida statutory claim for failure to state a claim.
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The court held that the petitioner's motion to vacate his sentence was untimely filed and therefore dismissed with prejudice.
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The court held that the petitioner's habeas corpus petition was untimely and dismissed it.
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The court held that the plaintiffs' claims are barred by the statute of limitations and should be dismissed with prejudice.
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The court held that the petition for writ of habeas corpus was untimely filed under AEDPA, and equitable tolling and actual innocence exceptions did not apply.
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M.D. Fla.·
2024-12-18
The district court held that a debtor's products liability claim did not accrue until post-petition, and therefore was not property of the bankruptcy estate.
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M.D. Fla.·
2024-12-17
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and no basis existed to excuse the delay.
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N.D. Fla.·
2024-12-10
The court held that the federal habeas petition was untimely because it was filed more than one year after the petitioner discovered or should have discovered the factual predicates for his claims.