Verification Of Pleadings

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

• Johnston Broad. Co. v. Fed. Commc'ns Comm'n (Beach
  175 F.2d 351· D.C. Cir.· 1949-05-04 ·cited 83×
  An application for a radio broadcasting permit that lacks a sworn affidavit from the applicant regarding its contents is invalid and cannot be acted upon by the Commission, though the defect may be curable by amendment.
• Lewis v. Curtis
  671 F.2d 779· 3d Cir.· 1982-03-03 ·cited 56×
  The court held that the district court abused its discretion by denying leave to amend the complaint and by dismissing the action, as the amended complaint sufficiently alleged futility of demand and the original complaint's verification based on a Wall Street Journal article was
• Hiram J. Hampton v. State
  50 Fla. 55· Fla.· 1905-06-01 ·cited 43×
  Hiram J. Hampton was convicted of manslaughter for performing a negligent surgical operation that caused the death of his patient, Luvenia Evans. Hampton challenged the conviction, arguing that the information was defective for failing to allege intoxication and that various evid
• Barry v. Sigler
  373 F.2d 835· 8th Cir.· 1967-03-16 ·cited 40×
  The court held that the appellant had not exhausted his state remedies because the state court had not yet ruled on the merits of his claim, and any delay was due to the appellant's own actions.
• Zuckerman v. Prof'l Writers OF Fla., Inc.
  398 So. 2d 870· Fla. 4th DCA· 1981-04-29 ·cited 36×
  The appellate court affirmed a trial court's issuance of a temporary restraining order and prejudgment writs of replevin against former employees who allegedly removed corporate records from their employer. The court held that circumstantial evidence and testimony at the motion-t
• Kent v. Kent
  431 So. 2d 279· Fla. 5th DCA· 1983-05-12 ·cited 35×
  The court concurred with the majority opinion, emphasizing the distinction in Florida Statute Section 48.23(3) regarding lis pendens based on whether the action is founded on a duly recorded instrument.
• Hiram D. Ballard v. Kennedy
  34 Fla. 483· Fla.· 1894-06-01 ·cited 35×
  The Florida Supreme Court reversed a mortgage foreclosure decree, holding that the heirs at law of a deceased mortgagor who were made original defendants could appeal the foreclosure decree despite being dismissed from the suit, and that the trial court improperly struck their an
• Drew Lumber Co. v. Union Inv. Co.
  66 Fla. 382· Fla.· 1913-11-25 ·cited 34×
  Drew Lumber Company appeals the grant of a temporary injunction restraining its interference with Union Investment Company's possession and improvement of disputed land in Suwannee County, Florida. The Court reversed the injunction, finding the bill complained primarily of acts a
• Cora Hubbard Williams v. Cora Williams Murdoch & Commonwealth Bank & Tr. Co.
  330 F.2d 745· 3d Cir.· 1964-04-20 ·cited 33×
  The court held that the dismissal of the plaintiff's federal due process claim by the lower court on res judicata grounds was improper because neither the Orphans' Court nor the Pennsylvania Supreme Court had actually adjudicated the due process issue.
• Burchett v. Myers
  202 F.2d 920· 9th Cir.· 1953-03-11 ·cited 28×
  The court held that a bankrupt's failure to keep adequate books or records from which his financial condition and business transactions can be ascertained is grounds for denying a discharge, and that amendments to objections are permissible within the referee's discretion.
• Surowitz v. Hilton Hotels Corp.
  342 F.2d 596· 7th Cir.· 1965-03-11 ·cited 27×
  The court held that a plaintiff's verification of a derivative complaint must demonstrate actual knowledge of the suit's basis, not merely reliance on advisors or a formal reading of the complaint, to satisfy Rule 23(b).
• Bradburn v. McINTOSH
  159 F.2d 925· 10th Cir.· 1947-02-04 ·cited 22×
  The court held that the order restoring Nancy to capacity was not void, and the bank was a holder in due course, thus Nancy was not entitled to relief against the McIntoshes or the bank.
• Jannes v. Microwave Commc'ns, Inc.
  461 F.2d 525· 7th Cir.· 1972-05-01 ·cited 16×
  The court held that the Supreme Court's decision in Superintendent of Insurance v. Bankers Life and Casualty Co. compels reversal of the dismissal, as the second amended complaint stated a federal claim under Section 10(b).
• Peter and Grace Licavoli v. Commissioner OF Internal Revenue
  318 F.2d 281· 6th Cir.· 1963-06-06 ·cited 14×
  The court held that the Tax Court's interlocutory orders striking amended replies and deeming allegations admitted are not immediately reviewable by the Courts of Appeals.
• Manley v. The Union Bank of Fla.
  1 Fla. 160· Fla.· 1846-01-01 ·cited 13×
  A mortgagee that has obtained a judgment at law upon the debt secured by a mortgage cannot thereafter proceed under a foreclosure statute to obtain another judgment at law for the same debt, as this would constitute an impermissible multiplicity of actions. An administrator de bo
• Govette v. C.A. No. 2019-0139-Sg Elec. Referral Manager, Inc.
  Del. Ch.· 2021-06-07 ·cited 12×
  The Court of Chancery denied the Defendants' Motion to Dismiss the Plaintiff's Second Amended Complaint, finding that while the Plaintiff's procedural missteps and the allegations in prior pleadings were concerning, they did not rise to the level of misconduct or tactical maneuve
• United States v. 935 Cases More OR Less
  136 F.2d 523· 6th Cir.· 1943-06-22 ·cited 12×
  A libel in rem under the Federal Food, Drug, and Cosmetic Act requires no verification, and seizure of goods under the Act is not an unreasonable search and seizure violating the Fourth Amendment.
• In re Amendments to the Florida Rules of Civil Procedure
  153 So. 3d 258· Fla.· 2014-12-11 ·cited 11×
  The Florida Supreme Court adopted amendments to the Florida Rules of Civil Procedure and related forms to implement statutory changes regarding mortgage foreclosure actions, including new pleading requirements designed to expedite foreclosures by ensuring initial disclosure of th
• Pino v. The Bank OF NEW York Mellon
  57 So. 3d 950· Fla. 4th DCA· 2011-03-30 ·cited 10×
  In a mortgage foreclosure action, the Florida Fourth District Court of Appeal affirmed the trial court's denial of defendant Pino's motion to vacate a voluntary dismissal filed by BNY Mellon. The court held that a defendant cannot use Rule 1.540(b) or common law exceptions to str
• Donado v. Pennymac Corp.
  174 So. 3d 1041· Fla. 4th DCA· 2015-08-19 ·cited 8×
  The court held that the failure to verify a mortgage foreclosure complaint, as required by Florida Rule of Civil Procedure 1.110(b) at the time, rendered the complaint defective and mandated dismissal without prejudice.
• United States v. $84
  900 F.2d 1402· 9th Cir.· 1990-04-16 ·cited 6×
  The government's failure to properly verify its civil forfeiture complaint deprived the district court of jurisdiction over the res, and thus the court erred in denying the motion to set aside the default judgment.
• Town OF Belleair v. Moran
  244 So. 2d 532· Fla. 2d DCA· 1971-02-19 ·cited 6×
  Residents challenged rezoning ordinances enacted by the Town of Belleair, alleging they were improperly enacted at the instance of United States Steel Corporation and violated zoning criteria requiring consideration of public health, safety, and welfare. The court affirmed the de
• Alexander v. The Honorable Harold COX
  348 F.2d 894· 5th Cir.· 1965-06-24 ·cited 6×
  The court held that a district court rule requiring individual removal petitions for numerous criminal cases can deny petitioners effective access to federal courts and should be adjusted.
• Matter of E. Supply Co.
  267 F.2d 776· 3d Cir.· 1959-06-17 ·cited 6×
  The court held that an involuntary bankruptcy petition signed by an attorney-in-fact and attorney is valid, and the verification is sufficient, even if the agent lacked explicit authority at the time of signing, provided the act is later ratified.
• BAC Home Loan Servicing, L.P. v. Stentz
  91 So. 3d 235· Fla. 2d DCA· 2012-06-22 ·cited 5×
  BAC Home Loan Servicing appealed a trial court order dismissing its residential foreclosure complaint against homeowners for failure to properly verify the complaint. The appellate court reversed, holding that BAC's verification language complied with Florida Rule of Civil Proced
• US Bank Nat'l Ass'n for Citigroup Mortg. Loan Tr., Inc. v. Marion
  122 So. 3d 398· Fla. 2d DCA· 2013-08-21 ·cited 4×
  US Bank, as trustee, appealed a trial court's dismissal of a residential mortgage foreclosure action against the Marions. The dismissal was based solely on the complaint being verified by a Wells Fargo employee rather than a US Bank employee. The appellate court reversed, holding
• Rivero v. Rivero
  111 So. 3d 233· Fla. 4th DCA· 2013-04-10 ·cited 4×
  The court held that a trial court must hold an evidentiary hearing before authorizing temporary relocation of a minor child, and a verified answer relates back to an original unverified answer.
• In re The Petition of Lucia Mary Scala
  523 So. 2d 714· Fla. 4th DCA· 1988-04-06 ·cited 4×
• AMENDMENTS TO THE RULES OF JUD. ADMINISTRATION-RULE 2.090-ELECTRONIC TRANSMISSION & FILING OF DOCUMENTS
  701 So. 2d 1164· Fla.· 1997-07-17 ·cited 2×
  The Florida Supreme Court amended Rules of Judicial Administration 2.060 and 2.090 to establish a moderate framework for electronic transmission and filing of documents in state courts. After receiving criticism that prior amendments were too restrictive, the Court adopted revise
• Hayward v. Louie L. Wainwright
  454 F.2d 733· 5th Cir.· 1972-01-18 ·cited 2×
  The court held that defects in criminal informations not objected to before trial do not invalidate convictions and cannot be raised post-verdict.
• Magela Belson v. Miller
  314 So. 3d 525· Fla. 3d DCA· 2020-12-02 ·cited 1×
  The appellate court reversed a lower court's order that denied a motion for leave to amend, struck most of the complaint's counts as a sham, and entered summary judgment. The reversal was based on procedural defects in the lower court's proceedings, specifically the failure to co
• Mrs. Jack D. Fowler v. S. Bell Tel. & Tel. Co.
  343 F.2d 150· 5th Cir.· 1965-03-19 ·cited 1×
  The dissenting judge holds that removal petitions verified on knowledge, information and belief, stating legal conclusions, were adequate when no objections were made and no counter-affidavits were submitted.
• In re Ishear
  S.D. Fla.· 1926-10-30 ·cited 1×
  District court granted bankrupt's motion to strike specifications of objection to discharge because they were unverified, though permitted amendment of the first and third specifications within 20 days.
• Simon v. Pierre
  S.D. Fla.· 2025-06-02
  The court affirmed the magistrate judge's report, dismissed the third amended complaint without prejudice, and granted the plaintiff leave to file a fourth amended complaint to cure jurisdictional defects.
• Marine Towing & Salvage of S.W. FL., Inc. v. One 66' 2019 Sabre Dirigo
  M.D. Fla.· 2024-12-13
  The court held that the plaintiff failed to prove marine peril, thus its pure salvage claim failed. The court also found that the plaintiff litigated in bad faith, entitling the defendants to attorney's fees and costs.
• Oil Com Uganda v. Wessel Van Tonder
  M.D. Fla.· 2022-02-28
  The court held that plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.
• Pearce v. Boudreaux
  265 So. 3d 712· Fla. 1st DCA· 2019-02-28
  This appeal concerns whether a trial court may enter a relocation order without a hearing when the non-relocating parent timely files an objection, albeit one that may be deficient in legal sufficiency or verification. The court held that a timely-filed objection, regardless of i
• Ray v. Spirit Airlines, Inc.
  2015 U.S. Dist. LEXIS 120033· S.D. Fla.· 2015-07-27
• Hoke Williams v. Hon. J. E. Albritton
  139 Fla. 195· Fla.· 1939-07-07
  Hoke Williams was convicted of being drunk on intoxicating liquor in DeSoto County, Florida. On appeal, Williams challenged the validity of his conviction, primarily arguing that the information against him was defective because it was not verified under oath. The Florida Supreme
• In re Grossberg
  S.D. Fla.· 1926-02-08
  In a bankruptcy discharge proceeding, the court addressed whether specifications of objection filed by creditors were properly verified and stated sufficient grounds to deny discharge under Section 14 of the Bankruptcy Act. The court held that specifications must be sworn to in p