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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M.D. Fla.·
2021-07-26
The petition for a writ of habeas corpus is dismissed as untimely filed because the petitioner failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-07-21
Jose Antonio Torres sought federal habeas corpus relief challenging his Florida state conviction for kidnapping and the second-degree murder of Malik Muhammad, arguing that his trial counsel provided ineffective assistance in various ways, including failing to move to suppress ev
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The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or actual innocence exceptions.
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M.D. Fla.·
2021-07-13
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed under the AEDPA's one-year limitations period.
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The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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The court held that genuine issues of material fact exist regarding fraudulent concealment and inquiry notice, thus denying the motion for summary judgment.
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M.D. Fla.·
2021-06-09
The court held that the petitioner's habeas petition was untimely and he was not entitled to equitable tolling due to mental impairment, as his past litigation conduct demonstrated capacity and a lack of diligence.
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The court held that the claim against Mallard was time-barred and dismissed it with prejudice, and dismissed claims against Havenner and the remaining defendants without prejudice due to service and compliance issues.
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S.D. Fla.·
2021-05-27
The court held that the plaintiff's complaint was not a shotgun pleading, her claims under the TVPA were not time-barred and stated a claim, her state law claims for unjust enrichment and quantum meruit were not preempted by the FLSA, and she stated a claim for false imprisonment
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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 federal habeas petition is dismissed with prejudice as untimely filed, as the petitioner failed to demonstrate entitlement to equitable tolling or a miscarriage of justice.
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The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or demonstrate actual innocence.
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# Summary
S.Y., a victim of sex trafficking at a Residence Inn hotel between 2014 and 2016, sued Marriott International, Residence Inn by Marriott LLC, CSM RI Naples LLC, and CSM Corporation alleging violations of the Trafficking Victims Protection Reauthorization Act of 2008, F
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The court held that a state trial court's recharacterization of a motion as untimely and successive under state law is not a federal issue reviewable in a § 2254 habeas petition.
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M.D. Fla.·
2021-04-30
The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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# S.Y. v. Choice Hotels International, Inc.
A sex trafficking victim sued Choice Hotels International and the franchisee operator of a Comfort Inn hotel in Naples, Florida, alleging the defendants knowingly benefited from sex trafficking that occurred on the premises between 201
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The Eleventh Circuit affirmed the district court's denial of Franco's motion to vacate his sentence under 28 U.S.C. § 2255. The court held that Franco's motion was untimely and without merit, as his claims were barred by the one-year statute of limitations and he failed to establ
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The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or actual innocence exceptions.
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M.D. Fla.·
2021-04-13
The court held that it would decline supplemental jurisdiction over remaining state law claims after federal claims were voluntarily dismissed.
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Fla. 1st DCA·
2021-04-08
The appellate court reversed a Judge of Compensation Claims (JCC) decision that rejected an employer/carrier's statute of limitations defense in a workers' compensation case. The court found that the claimant failed to prove that the requested benefits related to a prosthetic dev
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The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
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The court adopted the magistrate judge's report, granting the respondent's motion to dismiss the untimely habeas petition and denying a certificate of appealability.
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M.D. Fla.·
2021-03-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his judgment became final, and the tolling periods from state post-conviction motions were insufficient to make it timely.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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The court held that the petitioner's motion to vacate his sentence was untimely and dismissed it, as he failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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M.D. Fla.·
2021-03-15
The federal habeas petition is dismissed as untimely because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and neither state post-conviction motions nor equitable tolling could revive the expired period.
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M.D. Fla.·
2021-03-11
The court held that the plaintiff failed to state a claim for a Fourth Amendment violation or a substantive due process violation, and therefore declined to exercise supplemental jurisdiction over the state law claims.
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The court held that the habeas corpus petition was untimely and procedurally barred, and that the petitioner failed to establish ineffective assistance of counsel under the Strickland standard.
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A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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The court held that the petitioner's motion to vacate his sentence was untimely filed under 28 U.S.C. § 2255, and he failed to establish grounds for equitable tolling or the actual innocence exception.
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The court held that the petitioner's motion to vacate, set aside, or correct his sentence was untimely and lacked merit, and denied a certificate of appealability.
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A motion to vacate sentence under 28 U.S.C. § 2255 is denied because the claims are untimely and without merit, and equitable tolling is not warranted for the untimely filing.
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The court adopted the Magistrate Judge's recommendation to deny the motion to vacate void judgment.
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The court held that a federal habeas petition based on a newly recognized constitutional right is timely under 28 U.S.C. § 2244(d)(1)(C) if filed within one year of the date the right was initially recognized by the Supreme Court, not the date it was made retroactive.
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M.D. Fla.·
2021-02-09
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his conviction became final and state post-conviction actions did not toll the limitations period.
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The court held that the plaintiff's complaint failed to state a claim and was dismissed without prejudice, but granted his application to proceed in forma pauperis.
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Fla. 2d DCA·
2021-02-03
The appellate court reversed a trial court's dismissal of a lawsuit between neighbors, finding that the statutory requirement for presuit mediation does not apply to disputes between individual parcel owners. This decision clarifies the scope of mandatory mediation in homeowners'
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The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-31
The court held that the pro se petitioner's habeas corpus petition was time-barred under 28 U.S.C. § 2244(d)(1)(A) because it was filed nearly fourteen years after the judgment became final. Neither statutory tolling nor equitable exceptions applied.
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M.D. Fla.·
2021-01-27
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
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The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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The Delaware Supreme Court affirmed the Superior Court's order denying the plaintiffs' motion to vacate a prior dismissal order. The Court held that the plaintiffs failed to demonstrate extraordinary circumstances justifying relief under Rule 60(b)(6) and that their motion was un
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The Court of Chancery granted motions to dismiss Count I, finding that the plaintiff's breach of fiduciary duty claim was derivative and did not meet the narrow requirements for a direct claim under the "dual claim" doctrine. The court also granted motions to dismiss portions of
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The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.
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A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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The court held that claims against Officer Casey were time-barred due to failure to meet the 'mistake' requirement for relation back under Rule 15(c)(1)(C), and that official capacity claims against Chief Quiñones were dismissed because the police department is not a suable entit
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M.D. Fla.·
2020-12-14
The court held that the petitioner's habeas corpus petition was untimely filed and did not qualify for the actual innocence exception, warranting dismissal.