Unreasonable Delay

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

• Ross v. United States
  349 F.2d 210· D.C. Cir.· 1965-06-30 ·cited 180×
  A seven-month delay between a narcotics offense and the swearing out of a complaint, when the prosecution relies solely on the arresting officer's testimony refreshed by a notebook and the defendant claims inability to recall due to the delay, violates due process.
• Cnty. OF Brevard v. Miorelli Eng'g, Inc.
  703 So. 2d 1049· Fla.· 1997-10-23 ·cited 85×
  The Florida Supreme Court resolved a conflict between appellate decisions regarding whether sovereign immunity bars contractors from recovering payment for work performed outside the express terms of a written contract with a government entity. The Court held that while sovereign
• Equal Emp. Opportunity Comm'n v. Liberty Loan Corp.
  584 F.2d 853· 8th Cir.· 1978-10-06 ·cited 54×
  A district court has discretionary equitable power to dismiss a Title VII suit due to inordinate EEOC delay that unduly prejudices the defendant.
• Bethea v. Langford
  45 So.2d 496· Fla.· 1949-11-18 ·cited 49×
  The appellate court affirmed a lower court's decision that a resulting trust existed for a one-third interest in certain lands. The court found sufficient evidence to support the lower court's finding that the land was purchased for partnership purposes with partnership funds, de
• Knox v. Spratt
  23 Fla. 64· Fla.· 1887-01-01 ·cited 49×
  The Florida Supreme Court reversed a lower court's decision that overruled a demurrer to an amended bill of complaint. The court held that a purchaser who had notice of the vendor's limited interest in the property at the time of sale cannot compel specific performance of the con
• TWM Mfg. Co., Inc. v. Dura Corp.
  592 F.2d 346· 6th Cir.· 1979-02-16 ·cited 39×
  The court held that the district court erred in granting summary judgment based on laches and estoppel, as genuine disputes of material fact existed regarding the defendant's alleged egregious conduct and the plaintiff's actions.
• Brundage v. The United States
  504 F.2d 1382· Ct. Cl.· 1974-10-23 ·cited 39×
  The court held that the plaintiff's claim for pay and record amendment is barred by the doctrine of laches due to his unreasonable and inexcusable delay in asserting his rights.
• Env't Def. Fund, Inc. v. Alexander
  614 F.2d 474· 5th Cir.· 1980-03-24 ·cited 38×
  The court held that the challenge to the waterway's width was barred by laches due to the plaintiffs' inexcusable delay and the resulting prejudice to the defendants, affirming the district court's dismissal.
• Neal v. State
  697 So. 2d 903· Fla. 2d DCA· 1997-07-18 ·cited 37×
  Billy Jean Neal sought a writ of prohibition to bar her criminal prosecution on statute of limitations grounds. The court held that the State failed to meet its burden of proving the prosecution was timely commenced, as service of the arrest warrant occurred more than five years
• Almertis Stephens v. State
  572 So. 2d 1387· Fla.· 1991-01-15 ·cited 35×
  Florida Supreme Court affirmed that trial courts are not required to defer sentencing and use a single scoresheet for all pending cases in a county, subject to certain exceptions.
• The Fid. & Cas. Co. OF NEW York v. C/B MR. KIM
  345 F.2d 45· 5th Cir.· 1965-05-14 ·cited 33×
  A statutory subrogee seeking reimbursement from a tortious third party may maintain a libel filed after the state prescriptive period if the equitable doctrine of laches does not bar the claim due to lack of prejudice.
• United States v. Wilson
  342 F.2d 782· 2d Cir.· 1965-03-15 ·cited 30×
  The court held that the delays between the offense, warrant issuance, arrest, and indictment were neither prejudicial nor unreasonable, thus affirming the conviction.
• Cont'l Coatings Corp. v. Metco, Inc.
  464 F.2d 1375· 7th Cir.· 1972-07-21 ·cited 28×
  The court held that the patent holder's unreasonable and unexcused delay in enforcing its patent, coupled with conduct that encouraged the alleged infringer's belief that the patent would not be enforced, barred all relief.
• Universal Ecsco Corp. v. The United States
  385 F.2d 421· Ct. Cl.· 1967-10-13 ·cited 26×
  The court held that claims for breach of contract for unliquidated damages are properly before the court without administrative appeal, and that unreasonable delay by a contracting officer can excuse the exhaustion of administrative remedies.
• Chaney & James Constr. Co., Inc. v. The United States
  421 F.2d 728· Ct. Cl.· 1970-02-20 ·cited 24×
  The court held that a contractor can recover delay damages under the Suspension of Work clause for delays caused by defective specifications, even if the delay did not affect overall project completion, and that the Panel's standard for review was incorrect.
• State v. Carey D. Miller
  581 So. 2d 641· Fla. 2d DCA· 1991-06-14 ·cited 23×
  Florida appealed a trial court's dismissal of drug charges against Carey Miller based on the statute of limitations. The court affirmed, holding that although the state filed an information within three years of the alleged crimes, a prosecution is not commenced until a capias is
• Equal Emp. Opportunity Comm'n v. Dresser Indus., Inc.
  668 F.2d 1199· 11th Cir.· 1982-02-22 ·cited 20×
  The court held that the district court properly exercised its discretion in applying the doctrine of laches to dismiss the EEOC's Title VII action due to unreasonable delay and resulting prejudice to the defendant.
• Gus Albert Johnson v. Mason F. Holley
  528 F.2d 116· 7th Cir.· 1975-07-25 ·cited 20×
  The court held that the district court did not err in dismissing claims based on the dismissal of a parole violator's warrant, but remanded for an evidentiary hearing on the reasonableness of the delay in holding the parole revocation hearing and the necessity of counsel.
• Maxwell v. State
  785 So. 2d 1277· Fla. 5th DCA· 2001-06-08 ·cited 19×
  Rusty Maxwell appeals the denial of his motion to suppress evidence obtained during a traffic stop for speeding. The court reverses, finding that Deputy King unlawfully prolonged the stop beyond the time necessary to issue a citation by asking irrelevant questions unrelated to th
• Colvin v. State
  541 So. 2d 724· Fla. 2d DCA· 1989-04-05 ·cited 19×
  The court held that the state's failure to execute the capias without unreasonable delay barred prosecution, requiring the defendant's discharge.
• British Airways Bd. & Compagnie Nationale Air France v. The Port Auth. OF NEW York & NEW Jersey
  564 F.2d 1002· 2d Cir.· 1977-09-29 ·cited 19×
  The court affirmed the district court's order terminating the Port Authority's ban on Concorde flights, but on different grounds than the majority.
• Cornetta v. The United States & John Lehman
  851 F.2d 1372· Fed. Cir.· 1988-06-20 ·cited 18×
  The court held that a presumption of prejudice is unsupportable in military pay cases, and the government must prove actual prejudice to invoke the laches defense. Potential receipt of back pay alone does not constitute prejudice.
• Stevens v. State
  251 So. 2d 565· Fla. 1st DCA· 1971-08-19 ·cited 15×
  James Edward Stevens was convicted of rape and appealed on multiple grounds, primarily contending that police officers' testimony regarding a lineup identification was inadmissible hearsay and that his constitutional rights were violated. The Florida District Court of Appeal affi
• Walden v. State
  905 So. 2d 1045· Fla. 1st DCA· 2005-07-11 ·cited 14×
• Citizens & Landowners Against THE Miles City/NEW Underwood Powerline v. Sec'y, United States Dep't OF Energy
  683 F.2d 1171· 8th Cir.· 1982-07-16 ·cited 14×
  The court held that the landowners' claims were barred by laches due to unreasonable delay and prejudice, and that the federal agency was not required to obtain a state permit for the powerline construction under the Supremacy Clause.
• Lyford v. City of N.Y.
  137 F.2d 782· 2d Cir.· 1943-08-06 ·cited 14×
  The bankruptcy court has the power to determine the legality of a tax claim against a debtor in reorganization, even if state authorities have not yet made a final determination.
• State v. Carmine A. Stanzione and Peter Joseph Salerno
  315 So. 2d 500· Fla. 4th DCA· 1975-07-11 ·cited 12×
  Florida appealed an order discharging defendants from prosecution based on violation of the speedy trial rule. The court held that defendants' prior waivers of speedy trial and stipulated continuances remained valid despite the State's filing of a second amended information charg
• Cities Serv. OIL Co. v. Puerto RICO Lighterage Co.
  305 F.2d 170· 1st Cir.· 1962-07-06 ·cited 12×
  The court held that the trial court erred in dismissing the libel based on laches, as the respondent was not prejudiced by the delay in filing suit.
• Anderson v. Honorable Warren H. Edwards
  234 So. 2d 720· Fla. 4th DCA· 1970-04-29 ·cited 10×
  Anderson sought mandamus to compel dismissal of a DUI charge based on denial of his speedy trial right under Florida law. The court found that a delay of approximately five demand filings, caused by witness unavailability and docket conflicts rather than the defendant's actions,
• Alphonso Lewis v. State
  765 So. 2d 163· Fla. 2d DCA· 2000-06-30 ·cited 8×
  Alphonso Lewis sought a writ of prohibition to prevent prosecution on three felony and misdemeanor charges, arguing the statutes of limitations had expired before his arrest. The court granted the petition, finding the State failed to exercise diligent search to locate Lewis with
• Silvino Hurtado v. Singletary
  708 So. 2d 974· Fla. 3d DCA· 1998-03-18 ·cited 8×
  Silvino Hurtado petitioned for a belated appeal of a 1986 order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Third District Court of Appeal denied the petition, finding that the eight-year delay between learning of the denial (b
• Dade Cnty. v. Palmer & Baker Eng'rs, Inc.
  318 F.2d 18· 5th Cir.· 1963-05-24 ·cited 8×
  A party breaching a contract is liable for damages, including lost profits, but the innocent party must prove these profits with reasonable certainty, considering any contingencies.
• Laufenberg, Inc. v. Goldblatt Bros., Inc.
  179 F.2d 832· 7th Cir.· 1950-02-10 ·cited 8×
  The court held that the Laufenberg patent lacked inventive design originality and that the appeal concerning the Herodes patent claims was moot due to the patent holder's failure to disclaim an invalidated claim or appeal that invalidity.
• Kidd v. State
  985 So. 2d 1180· Fla. 4th DCA· 2008-07-02 ·cited 7×
  Matthew Kidd petitioned for a writ of prohibition challenging a trial court's denial of his motion to dismiss charges based on the statute of limitations. The court held that the trial court erred in denying the motion without allowing the state an opportunity to respond, and tha
• Infiniti Emp. Solutions, Inc. v. MS Liquidators OF Ariz., LLC
  204 So. 3d 550· Fla. 5th DCA· 2016-11-04 ·cited 6×
  Infiniti Employment Solutions appealed the trial court's denial of its motions for attorney's fees and delay damages under section 57.105, Florida Statutes. The court reversed, finding that the trial court applied an outdated standard for evaluating frivolous defenses and that th
• Hugene Chapman v. State
  581 So. 2d 995· Fla. 2d DCA· 1991-06-28 ·cited 6×
  Chapman appeals his welfare fraud conviction, challenging whether the prosecution was timely commenced under Florida's statute of limitations. The court reversed, holding that the state's failure to execute the arrest warrant without unreasonable delay violated the statute of lim
• Weaver v. Markley
  332 F.2d 34· 7th Cir.· 1964-05-13 ·cited 6×
  The court held that the granting of an adequate parole revocation hearing, even after an unreasonable delay, renders the subsequent custody lawful and defeats a claim for release on habeas corpus.
• MAY v. Arnold Constr. Co.
  78 So. 2d 705· Fla.· 1955-02-01 ·cited 6×
  A subcontractor (May Plumbing) sued a general contractor (Arnold Construction) for wrongful termination of construction subcontracts. The architect, acting within contractual authority, certified that May Plumbing's work would cause unreasonable delay, and the general contractor
• State v. Ulsch
  137 Fla. 321· Fla.· 1939-04-21 ·cited 6×
  The Florida Supreme Court reversed a lower court's dismissal of a mandamus petition filed by J. D. Whitehead seeking to compel city officials to place him on the Jacksonville Employees Pension Fund roll and pay accumulated pension benefits. The court held that a disabled employee
• Cullen v. Marsh
  34 So. 3d 235· Fla. 3d DCA· 2010-05-12 ·cited 5×
  Cullen, an attorney for judgment creditor Patchett, appeals sanctions imposed under Florida Statute § 57.105 following dissolution of three garnishment writs against judgment debtor Marsh. The court reverses all sanctions, finding that technical service deficiencies did not under
• McNEIL v. State
  673 So. 2d 125· Fla. 3d DCA· 1996-05-08 ·cited 5×
  Bradley McNeil was charged with grand theft in November 1982, but a capias for his arrest was not executed until March 1995—nearly 13 years later. The court reversed the trial court's denial of McNeil's motion to dismiss, holding that the state's failure to diligently search for
• Reyes v. Garland
  2022 WL 4771858· S.D. Fla.· 2024-10-21 ·cited 4×
  The court held that a visa refusal under 221(g), even if followed by administrative processing, constitutes a final decision, and there is no non-discretionary duty to re-adjudicate such a refused application under the APA.
• Bentz v. State
  251 So. 3d 201· Fla. 4th DCA· 2018-07-25 ·cited 4×
  The defendant appeals his convictions for possession of hydromorphone and drug paraphernalia, challenging the trial court's denial of his request to substitute private counsel for his public defender on the morning of trial. The court rejected the request citing the age of the ca
• Schuster v. State
  21 So. 3d 117· Fla. 5th DCA· 2009-10-30 ·cited 4×
  Patsy Schuster was charged with first-degree grand theft and pled no contest while reserving the right to appeal the denial of her motion to dismiss based on statute of limitations. The appellate court reversed, finding that the state failed to satisfy its burden of proving that
• White v. Taylor
  959 F.2d 539· 5th Cir.· 1992-04-29 ·cited 4×
  The dissent would not reject the jury's verdict and would hold Chief Harrell liable for intentional and illegal actions violating clearly established rights.
• Cortinas v. United States Parole Comm'n
  938 F.2d 43· 5th Cir.· 1991-08-09 ·cited 4×
  The court held that the Parole Commission had the authority to revoke parole and forfeit street time, and that Cortinas's claims of unreasonable delay, ex post facto violation, and double jeopardy were without merit.
• Pub. Citizen Health Research Grp. v. Young
  909 F.2d 546· D.C. Cir.· 1990-07-31 ·cited 4×
  The court held that the lawsuit was a catalyst for the FDA's regulation, but reversed the award of attorneys' fees incurred during the period when the government's position was substantially justified.
• Pub. Citizen Health Research Grp. v. Brock
  823 F.2d 626· D.C. Cir.· 1987-07-21 ·cited 4×
  The court held that while the agency's delay in promulgating a Short-Term Exposure Limit for ethylene oxide was not contemptuous, it constituted unreasonable delay under the Administrative Procedure Act, requiring court intervention.
• Carroll Barnett and Harold McBrine v. Bowen
  794 F.2d 17· 2d Cir.· 1986-05-30 ·cited 4×
  The Supreme Court's decision in Heckler v. Day, which invalidated mandatory deadlines for administrative disability claim processing, did not preclude all forms of class-wide relief for unreasonable delays.
• Dudley Lamont Mackey v. State
  333 So. 3d 775· Fla. 1st DCA· 2022-01-26 ·cited 3×
  The appellate court granted a petition for writ of prohibition, ordering the discharge of a petitioner charged with drug offenses. The court found that the three-year statute of limitations had expired because the state failed to demonstrate a diligent search for the petitioner,