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
-
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
-
M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.
-
The court held that the Petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
-
Petitioner sought judicial review of a hearing officer's decision affirming the Department of Highway Safety & Motor Vehicles' revocation of his hardship license. The court dismissed the petition as untimely, holding that Florida law requires a driver challenging a hardship licen
-
M.D. Fla.·
2020-05-08
The court held that wrongful death and manslaughter claims, as well as negligent training claims, may proceed, while negligent hiring, retention, supervision, and breach of contract claims are dismissed.
-
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
The court held that the petitioner's motion to vacate sentence was time-barred under 28 U.S.C. § 2255(f)(1) and dismissed the motion.
-
The federal court denied the petition for a writ of habeas corpus because it was untimely filed and equitable tolling was not warranted.
-
M.D. Fla.·
2020-04-09
The court held that it lacked jurisdiction to consider a motion to toll the statute of limitations for a habeas petition when no petition had been filed, and that the statute does not authorize prospective tolling.
-
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to establish actual innocence or newly discovered evidence to overcome the statute of limitations.
-
The petition for writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
-
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
-
The court held that the petitioner's motion to vacate sentence was time-barred and denied his motion to amend based on a non-retroactive Supreme Court decision, but granted him leave to show due diligence for timeliness.
-
The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.
-
S.D. Fla.·
2020-03-27
The court held that federal tax liens can attach to a debtor's interest in tenancy by the entireties property, and that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not preclude the government from setting aside a transfer of such property made with actual intent to hin
-
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the one-year limitations period for filing a federal habeas corpus petition, and thus the petition was untimely.
-
M.D. Fla.·
2020-03-23
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed after the one-year limitations period expired and he failed to establish grounds for equitable tolling.
-
M.D. Fla.·
2020-03-19
The Court held that Petitioner's state post-conviction motion was properly filed, thus tolling the federal habeas limitations period, and denied the Respondent's motion to dismiss.
-
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
-
M.D. Fla.·
2020-03-10
The court granted-in-part and denied-in-part motions to dismiss, allowing some claims to proceed while dismissing others for failure to meet pleading or presuit notice requirements.
-
Del.·
2020-02-17
The Delaware Supreme Court affirmed the Superior Court's dismissal of ISN's legal malpractice claim, holding that the claim accrued when ISN suffered injury due to the law firm's allegedly faulty advice, not when damages were definitively calculated. Under Delaware's "occurrence
-
The court held that the plaintiff's Title VII claim was untimely filed and not subject to equitable tolling, warranting dismissal with prejudice.
-
The court held that the Rooker-Feldman doctrine does not bar the plaintiffs' ADA claim because the denial of a reasonable accommodation occurred after state court proceedings, and the requested relief could not have been granted by the state courts. The court also found that Dama
-
M.D. Fla.·
2020-02-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
-
Del. Super. Ct.·
2020-02-07
The court held that the "Transfers" made by Holdings via the Reciprocal Agreement, including the creation of easements, covenants, and the conveyance of rights to insurance proceeds, constituted violations of the Loan Agreement and Guaranty, thereby triggering full recourse liabi
-
The court held that the petition for writ of habeas corpus was untimely filed under 28 U.S.C. § 2244(d)(1) and denied equitable tolling.
-
The court held that the petition for writ of habeas corpus was properly dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not qualify for equitable tolling.
-
Del. Ch.·
2020-01-29
The Court denied in part and granted in part the defendants' motion to dismiss. The Court found that the plaintiffs sufficiently pleaded claims for breach of contract and fraud in connection with the solicitation of equity for the SFP acquisition, and that the statute of limitati
-
M.D. Fla.·
2020-01-27
The court held that the petitioner's federal habeas petition was time-barred because his state post-conviction motion was not properly filed and therefore did not toll the statute of limitations.
-
The court held that the plaintiff exhausted administrative remedies for ADA interference and retaliation claims, but her workers' compensation retaliation claim was time-barred due to failure to allege grounds for equitable tolling.
-
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
The court held that the statute of limitations for future opt-in plaintiffs in an FLSA collective action should not be equitably tolled due to the delay in ruling on the motion for conditional certification, and approved the parties' proposed class notice with modifications.
-
The court held that the petitioner's motion to vacate, set aside, or correct his sentence was time-barred under AEDPA's one-year limitations period.
-
M.D. Fla.·
2020-01-06
Plaintiffs sued the City of Fort Myers alleging that its dumping of arsenic-contaminated sludge on a vacant lot decades earlier created an imminent and substantial endangerment to health under the Resource Conservation and Recovery Act, even after the City removed the sludge foll
-
The court held that the plaintiff failed to plead sufficient diligence to toll the statute of limitations for most claims, but equitable estoppel applied to certain counts. The court also found that diversity jurisdiction was proper and that indispensable parties were not absent.
-
The court held that the petitioner's federal habeas petition was untimely filed and denied it.
-
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the conviction became final, and the petitioner failed to establish grounds for equitable tolling.
-
The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
-
M.D. Fla.·
2019-11-22
The court held that severance of claims was appropriate due to substantial factual differences among the plaintiffs' cases, despite the common engine defect.
-
Fla. 1st DCA·
2019-11-20
This workers' compensation case involves a claimant who appealed the denial of his benefits due to the statute of limitations. The court reversed, holding that payments of supplemental benefits, even if made by the Division of Workers' Compensation rather than the employer, const
-
M.D. Fla.·
2019-11-12
The court held that the petitioner's federal habeas petition was untimely because his second state post-conviction motion was not properly filed for tolling purposes under AEDPA, and equitable tolling was not warranted.
-
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the statute of limitations for filing a federal habeas corpus petition, and therefore the petition was untimely.
-
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
-
The court held that the defendant's counterclaims were not barred by the release agreement due to undeveloped facts regarding its voluntariness, and that dismissal for failure to exhaust administrative remedies was denied as the record was insufficient to determine timeliness or
-
M.D. Fla.·
2019-10-30
A federal district court may decline to exercise supplemental jurisdiction over state law claims if it has dismissed all claims over which it has original jurisdiction.
-
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
M.D. Fla.·
2019-10-04
The court held that the federal habeas petition was untimely filed under the one-year statute of limitations, and equitable tolling was not warranted.
-
The court held that the federal habeas petition was untimely because the petitioner failed to demonstrate diligence in pursuing his state court remedies and therefore equitable tolling was not warranted.
-
The court granted the defendant's motion to dismiss, finding that the plaintiff's claims were time-barred under California's one-year statute of limitations, as applied through Delaware's Borrowing Statute and California's Savings Statute. Additionally, the court dismissed the ca
-
M.D. Fla.·
2019-09-30
The court held that the petitioner's habeas petition was timely filed, denying the respondent's motion to dismiss.