Unreasonable Delay

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

• Orange Cnty. v. Hewlings
  152 So. 3d 812· Fla. 5th DCA· 2014-12-12 ·cited 3×
  Orange County violated Florida's public records law by unreasonably delaying compliance with a citizen's request for copies of public records. The court affirmed the trial court's determination that the County is entitled to pay the citizen's attorney's fees and imposed sanctions
• In re Amendments to the Florida Rules of Appellate Procedure
  41 So. 3d 885· Fla.· 2010-06-24 ·cited 2×
  The Florida Supreme Court adopted amendments to the Florida Rules of Appellate Procedure to harmonize them with section 57.105 of the Florida Statutes regarding sanctions and attorney fees awards. The amendments establish clear procedures for motions seeking attorney fees as sanc
• Scotty Santos Diaz v. State
  1 So. 3d 337· Fla. 5th DCA· 2009-01-23 ·cited 2×
  Florida appellate court granted mandamus petition compelling trial court to rule on defendant's motion to withdraw plea within sixty days, finding unreasonable delay impaired access to courts and due process.
• Forum v. Boca Burger, Inc.
  788 So. 2d 1055· Fla. 4th DCA· 2001-05-16 ·cited 2×
  This case reverses a trial court's dismissal of a complaint, holding that a plaintiff properly amended their complaint without court leave before any responsive pleading was filed, and awarding attorney's fees against defense counsel for making frivolous arguments contrary to est
• State v. Foxworth
  757 So. 2d 1270· Fla. 4th DCA· 2000-05-24 ·cited 2×
  The court held that the state cannot raise a new argument on appeal that was not presented to the trial court.
• Ry. Labor Executives' Ass'n v. U.S. R.R. Ret. Bd.
  842 F.2d 466· D.C. Cir.· 1988-03-25 ·cited 2×
  The court held that the Railroad Retirement Board's interpretation of the service exception in the RRA and RUIA, as applied to Canadian law, was reasonable, but vacated the application to elected union officials pending further Board reconsideration.
• Baird v. Bellotti
  724 F.2d 1032· 1st Cir.· 1984-01-13 ·cited 2×
  The court held that the district court did not abuse its discretion in denying attorneys' fees to Baird due to significant prejudice caused by his lengthy delay, but did abuse its discretion in denying fees to PPLM, as its shorter delay did not cause sufficient prejudice.
• Olympia Werke Aktiengesellschaft v. Gen. Elec. Co.
  712 F.2d 74· 4th Cir.· 1983-07-06 ·cited 2×
  The court held that a patent holder's unreasonable delay and conduct, which led the alleged infringer to believe its business would be unmolested, can support a finding of estoppel, justifying dismissal of the entire infringement action, even if labeled as laches.
• Siegel v. Gillman
  365 So. 2d 1041· Fla. 3d DCA· 1978-12-19 ·cited 2×
  Purchasers sought specific performance of a 1968 real estate sales contract after the seller refused to close at the agreed price. The court affirmed the trial court's denial of specific performance, holding that the purchasers' unreasonable delay of over one year in making a dem
• Morreale v. State
  382 So. 3d 796· Fla. 5th DCA· 2024-03-15 ·cited 1×
  Amber Marie Morreale appeals the denial of her motion to dismiss based on expiration of the statute of limitations for uttering a forged check. The court held that filing a detainer and information does not satisfy the statutory requirement that a capias, summons, or other proces
• Fabio Matos v. State
  330 So. 3d 964· Fla. 4th DCA· 2021-12-15 ·cited 1×
  Under Florida Statute § 775.15(4)(b), prosecution must be commenced by filing an information and executing service of process without unreasonable delay; the State bears the burden to prove it conducted a diligent search and may not rely on pandemic resource constraints to excuse
• Horner v. State
  236 So. 3d 1177· Fla. 5th DCA· 2018-02-02 ·cited 1×
  John C. Horner sought a writ of mandamus to compel the Osceola County circuit court to rule on his Rule 3.850 postconviction relief motion, which had been pending for over two years. The Florida District Court of Appeal, Fifth District, granted the petition and issued a writ, dir
• Seminole Ent., Inc. v. City OF Casselberry
  788 So. 2d 1135· Fla. 5th DCA· 2001-07-13 ·cited 1×
  Seminole Entertainment sought a writ of mandamus to compel the Chief Judge of the Eighteenth Judicial Circuit to reassign its certiorari petition challenging license revocation to an unbiased judge, after multiple circuit judges recused themselves. The appellate court denied the
• Chavez T. Williams v. Hall
  Del.· 2026-01-06
  This appeal concerns ownership of a vacant Delaware property after the intestate death of Mariah Jane Walters over 48 years ago. Appellants (descendants of Mariah's sister Frances Mason) challenged a lower court judgment quieting title in favor of appellees (who claim to be Maria
• Marmol v. Attorney General of the United States
  S.D. Fla.· 2025-07-07
  The court held that it lacked subject matter jurisdiction over the mandamus claim because the availability of relief under the APA forecloses mandamus, and the delay in adjudicating the asylum application was not unreasonable under the APA.
• Abou Hala v. Chief, Immigrant Inv. Program Off., U.S. Citizenship & Immigr. Servs.
  M.D. Fla.· 2024-09-13
  The court held that mandamus relief is not available because plaintiffs have an adequate remedy under the APA and the agency does not have a clear nondiscretionary duty to adjudicate within a specific timeframe. The court also held that the claim for arbitrary and capricious agen
• Romagnano v. Childers
  Fla. 1st DCA· 2024-09-11
  A petition for writ of quo warranto challenging election results is denied when filed with unreasonable delay.
• Bruce v. Remick
  M.D. Fla.· 2024-03-15
  The district court affirmed the bankruptcy court's orders, finding no abuse of discretion in dismissing the Chapter 13 case or denying reconsideration.
• Morreale v. State
  Fla. 5th DCA· 2024-03-15
  Filing an information and placing a detainer on an incarcerated defendant do not commence prosecution; prosecution is commenced only when a capias, summons, or other process is executed upon the defendant without unreasonable delay under Florida Statute § 775.15(4)(b).
• Moyar v. Dep't of Def.
  M.D. Fla.· 2023-07-18
  The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend.
• State v. Food & Drug Admin.
  M.D. Fla.· 2023-03-17
  The court granted in part Plaintiffs' motion to compel discovery, ordering Defendants to supplement responses by identifying Bates numbers for discoverable information within the administrative record and denying discovery requests deemed privileged, not proportional, or irreleva
• Otto v. Mayorkas
  M.D. Fla.· 2023-02-17
  The court held that the plaintiff failed to state a claim for mandamus relief or unreasonable delay under the APA, as the agency's processing time was not subject to a mandatory duty and the delay was not unreasonable.
• Campero USA Corp. v. ADS Foodservice, LLC
  712 F. Supp. 2d 1080· S.D. Fla.· 2012-12-13
  The court denied the motion for reconsideration because the plaintiff failed to present new evidence or demonstrate clear error, having not met its burden to establish privilege claims with sufficient factual and legal support.
• Petroplast Petrofisa Plasticos S.A. v. Civil Action No. 4304-VCP Ameron Int'l Corp.
  Del. Ch.· 2012-07-31
  The appellate court affirmed the trial court's decision, holding that the plaintiffs' claims for breach of contract, violation of the California Uniform Trade Secrets Act (CUTSA), and common law misappropriation were barred by the equitable doctrine of laches. The court found tha
• Shipley
  Del.· 2009-06-15
  The Superior Court did not err in denying the Shipleys' motion to set aside the sheriff's sale. The court found the motion untimely and that the alleged errors in the property description did not constitute extraordinary circumstances justifying relief under Rule 60(b). The court
• Buckworth
  Del.· 2008-06-13
  The Court denied the Wife's Motion to Reopen, finding it was untimely filed due to an unreasonable delay of over one year after she became aware of the Husband's cessation of financial support. Even if timely, the Court found the Wife failed to meet her burden of proving a basis
• Wright v. Frankel
  965 So. 2d 365· Fla. 4th DCA· 2007-10-03
  Citizens of West Palm Beach sought mandamus relief to compel the city to place voter initiative ordinances on the ballot requiring referendum approval before relocating city hall and the library. The trial court denied the petition based on laches, but the appellate court reverse
• In & for New Castle Cnty. Gradient Oc Master, Ltd.
  Del. Ch.· 2007-07-06
  The Court denied plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a reasonable likelihood of success on the merits of their claims for wrongful coercion, inadequate disclosure, and improper extraction of value by a controlling shareholder. The C
• Karman v. Bd. of Adjustment of Sussex Cnty. & Chartan
  Del. Super. Ct.· 2005-04-26
  The court denied the motion to reopen, finding that the petitioner failed to demonstrate excusable neglect or extraordinary circumstances under Rule 60(b)(1) or (6). The court emphasized that the petitioner's delay in filing the motion was unreasonable and that the actions of her
• Cowan v. State
  779 So. 2d 368· Fla. 2d DCA· 2000-05-03
  The appellate court held that the 1989 version of the statute of limitations applies, and the defendant may have stated a facially sufficient claim for ineffective assistance of counsel if the state unreasonably delayed executing the capias.
• Bernard v. State
  734 So. 2d 606· Fla. 1st DCA· 1999-07-07
• Ryan Marine Sys., Inc. v. Yacht "Tulip II"
  426 F.2d 729· S.D. Fla.· 1987-07-17
  A mortgagee in possession must compensate the owner for the use of the vessel and cannot unreasonably delay its return to market, especially when the vessel is seaworthy and ready for passage, as such delay can lead to depreciation and loss.
• City OF Miami v. Gates
  393 So. 2d 586· Fla. 3d DCA· 1981-01-20
  The City of Miami appealed a summary judgment finding it liable for improperly diverting tax revenues specifically authorized for its employees' pension fund. The court affirmed the liability finding but reversed in part regarding Count III to allow the city to raise a laches def