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 petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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The appellate court affirmed the trial court's decision, denying the plaintiff's motion for default judgment and granting the defendants' motions to dismiss. The court found that removal to federal court paused the state court's jurisdiction, negating the basis for default judgme
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The court held that the motion to vacate is untimely under 28 U.S.C. § 2255(f) and must be summarily dismissed. The court also denied a certificate of appealability.
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The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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A surety's representatives may be held liable in equity for repayment of borrowed money upon the surety's death during the life of the principal obligor, notwithstanding the common law rule that joint obligations are discharged by the death of one obligor, because equity supplies
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M.D. Fla.·
2022-10-06
The Court adopted the Magistrate Judge's recommendation to grant sanctions and dismiss the action without prejudice, overruling the defendant's objection seeking dismissal with prejudice.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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The court held that the petitioner's motion under 28 U.S.C. § 2255 was untimely and failed to establish grounds for equitable tolling.
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M.D. Fla.·
2022-09-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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The court granted the petition for attorney fees under 42 U.S.C. § 406(b), finding the requested amount reasonable despite a high de facto hourly rate.
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The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and no exceptions applied to excuse the delay.
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The court held that the Federal Tort Claims Act (FTCA) provides the exclusive remedy for medical malpractice claims against PHS employees and contractors, and the United States is properly substituted as the defendant. The court also found the arbitration agreement with Women's C
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations because his state postconviction motion was not properly filed and therefore did not toll the limitations period.
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The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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S.D. Fla.·
2022-07-28
The court adopted the Magistrate Judge's recommendation to dismiss some claims as time-barred and deny others on the merits, finding no clear error in the record.
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M.D. Fla.·
2022-07-22
The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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M.D. Fla.·
2022-07-20
The court held that the plaintiff failed to state a plausible claim for violations of RESPA and the FCCPA, and therefore declined to exercise supplemental jurisdiction over the remaining state law breach of contract claim.
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The court held that the petitioner's claims were either not cognizable under § 2255 or were untimely filed, and therefore dismissed his motion to vacate his sentence.
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The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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The court held that the movant's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 was barred by the one-year statute of limitations. The court found that neither the alternative trigger dates nor equitable tolling could render the motion timely.
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The court held that the plaintiff failed to state a claim for malicious prosecution, defamation, fraud, retaliation under the Florida Whistleblower Act, or invasion of privacy.
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The court held that the petitioner demonstrated excusable neglect and good cause for an extension of time to file a notice of appeal.
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The court held that the plaintiff failed to exhaust administrative remedies for her remaining racial discrimination claim regarding the HBPC program, and therefore, the claim is dismissed.
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The court held that the plaintiff's federal claims were time-barred because she failed to file her complaint within the 90-day period after receiving her right-to-sue letter, and equitable tolling was not warranted.
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M.D. Fla.·
2022-06-10
The court held that the plaintiff's section 1983 claim was time-barred because it was filed more than four years after the alleged illegal search occurred. Amendment would be futile.
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The court held that a motion to vacate under 28 U.S.C. § 2255 is only cognizable if it seeks release from custody, and challenges to forfeiture or restitution are not sufficient. Furthermore, the court held that the petitioner's prior filings did not relate back to the current mo
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M.D. Fla.·
2022-06-03
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because his state postconviction motions were not properly filed, and he failed to establish entitlement to equitable tolling.
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The Court denied in part and granted in part the Defendants' motion to dismiss. The Court found that the claim for breach of contract regarding distributions for tax years 2014-2016 could proceed due to equitable tolling, and the claim for distributions in 2017-2018 survived due
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M.D. Fla.·
2022-05-23
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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S.D. Fla.·
2022-05-06
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, thus denying the habeas petition.
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S.D. Fla.·
2022-05-06
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's state court conviction became final, and the postconviction motion did not toll the limitations period.
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M.D. Fla.·
2022-04-29
The court held that a pro se prisoner's habeas corpus petition was untimely because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2022-04-20
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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M.D. Fla.·
2022-04-20
The court held that the petitioner's federal habeas corpus petition was untimely filed because his state court appeal was dismissed as untimely, meaning the limitations period was not tolled.
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Del. Super. Ct.·
2022-04-19
The Court denied Serviz's motion to dismiss the counterclaims, finding that the counterclaims were not time-barred due to the doctrine of inherently unknowable injuries. The Court also found that the declaratory judgment counterclaim was proper and not duplicative, and that the b
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.
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The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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The court held that the petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his guilty pleas were voluntary, knowing, and intelligent, and the federal court had proper jurisdiction.
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The court held that the plaintiff's proposed new claims against new defendants were untimely because they did not relate back to the original complaint and were not subject to equitable tolling or delayed accrual.
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The court held that a petitioner cannot establish actual innocence based solely on the insufficiency of the evidence presented at trial, without new evidence.
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M.D. Fla.·
2022-03-31
An attorney representing a medical provider sued an opposing counsel and their law firm, claiming they violated the Fair Debt Collection Practices Act (FDCPA) by filing a state court action based on a doctor's lien to collect alleged unpaid medical bills. The court granted summar
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N.D. Fla.·
2022-03-28
The court denied plaintiff's motion for leave to amend his complaint to add negligence claims, finding them untimely and procedurally deficient.
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Del. Ch.·
2022-03-25
The court granted the motion to dismiss the breach of fiduciary duty claim against the K&L Gates Defendants. The court found that under Florida law, the plaintiff is presumed to know its contractual rights, thus negating a claim based on the defendants' failure to notify the plai
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The court held that the plaintiff's claims were legally insufficient and factually baseless, warranting dismissal.
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A federal habeas petition filed more than six years after a conviction became final is time-barred under 28 U.S.C. § 2244(d)(1)(A) unless the petitioner demonstrates entitlement to statutory or equitable tolling, which Carter failed to do. A freestanding claim of actual innocence