Champerty

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

• Fleischer v. Phillips
  264 F.2d 515· 2d Cir.· 1959-02-20 ·cited 73×
  Orders denying motions to disqualify attorneys are not immediately appealable as final decisions or under exceptions for collateral orders or injunctions.
• Watrous v. Morrison
  33 Fla. 261· Fla.· 1894-01-01 ·cited 67×
  In this ejectment action, Morrison sought to recover a disputed 4.97-acre parcel claimed to be part of Lot 1, while Watrous claimed it as part of Lot 2 based on adverse possession. The Supreme Court of Florida reversed the judgment and awarded a new trial, finding multiple instru
• Fla. Power Corp. v. McNEELY
  125 So. 2d 311· Fla. 2d DCA· 1960-12-02 ·cited 62×
  Florida Power Corporation appealed a lower court decree requiring it to compensate property owners for an easement used for transmission lines since 1939. The court held that the corporation's use constituted adverse user (not adverse possession) of an incorporeal easement requir
• Farish Carter v. Archibald T. Bennett
  6 Fla. 214· Fla.· 1855-01-01 ·cited 62×
  In this equity case, the Supreme Court of Florida reversed the lower court's dissolution of an injunction in a complex dispute involving the sale of enslaved persons, mortgages, and multiple lawsuits. The court determined that sufficient equity existed to maintain the suit in cha
• Anderson v. Trade Winds Enters. Corp.
  241 So. 2d 174· Fla. 4th DCA· 1970-11-25 ·cited 51×
  Lloyd Anderson sued Trade Winds Enterprises Corp. and individual guarantors on a promissory note. The trial court found liability against Trade Winds but not against the individual guarantors. The appellate court reversed, holding that the guaranty was absolute, not conditional,
• Nationwide Mut. Ins. Co. v. Kendrick D. McNULTY
  229 So. 2d 585· Fla.· 1969-12-17 ·cited 47×
  A judgment creditor may maintain a suit against an insurer for bad faith refusal to settle within policy limits based on an assignment from the insured.
• Cain & Bultman, Inc. v. Miss SAM, Inc.
  409 So. 2d 114· Fla. 5th DCA· 1982-01-27 ·cited 45×
  This case resolves competing claims to Florida real property between Cain & Bultman (holder of a subsequently recorded mortgage) and Miss Sam (successor to contract purchasers under an unrecorded agreement for deed). The court held that Cain & Bultman acquired its mortgage with c
• Bass v. Phoenix Seadrill/78, Ltd.
  749 F.2d 1154· 5th Cir.· 1985-01-10 ·cited 37×
  The court held that a district court cannot void portions of a seaman's settlement agreement based solely on perceived inadequacy of consideration or a general deterrent effect on other settlements, absent a showing of plain legal prejudice to non-settling parties or lack of info
• LAW Off. OF David J. Stern, P.A. v. Sec. Nat'l Servicing Corp.
  969 So. 2d 962· Fla.· 2007-07-05 ·cited 34×
  The Florida Supreme Court held that Security National lacks standing to sue Stern for legal malpractice in a mortgage foreclosure case, rejecting both an attorney-client relationship theory and an assignment theory. The Court clarified that legal malpractice claims are generally
• Jordan v. Hutcheson
  323 F.2d 597· 4th Cir.· 1963-09-17 ·cited 34×
  A federal court has the power to enjoin state legislative committee actions that violate citizens' constitutional rights, even if the committee acts under color of state law.
• Dosdourian v. Carsten
  624 So. 2d 241· Fla.· 1993-08-26 ·cited 29×
  The Florida Supreme Court banned Mary Carter agreements prospectively, holding that all future agreements requiring a settling defendant to remain in litigation are void as against public policy. The Court answered the certified question affirmatively, requiring disclosure of set
• Farrington v. Fletcher Greer and William Greer
  94 Fla. 457· Fla.· 1927-08-01 ·cited 28×
  In this ejectment action, the Florida Supreme Court affirmed judgment for defendants who peacefully entered land previously occupied by plaintiff under a quit-claim deed. The court held that although a deed executed by someone out of possession (a disseisee) is void as to an adve
• Levy v. Cox
  22 Fla. 546· Fla.· 1886-06-01 ·cited 28×
  The Florida Supreme Court reversed a lower court's judgment in an ejectment action. The court found that the trial court erred in its jury instructions regarding conveyances of land held in adverse possession and in refusing to grant a new trial, as the evidence overwhelmingly fa
• Alexander v. Unification Church OF Am.
  634 F.2d 673· 2d Cir.· 1980-11-03 ·cited 24×
  The court held that the dismissal of the maintenance count (reinterpreted as abuse of process) and the intentional infliction of emotional distress count was erroneous, and that the federal civil rights claims were properly dismissed.
• Magida v. Cont'l CAN Co., Inc.
  231 F.2d 843· 2d Cir.· 1956-04-02 ·cited 24×
  The court held that the Securities Exchange Act's prohibition on short-swing profits applies regardless of corporate instigation or benefit, and a champertous suit does not defeat the statutory right.
• In the Matter of: The Complaints of Mrs. Chloe M. Holland and J. O. Holland Against William W. Flournoy
  142 Fla. 459· Fla.· 1940-03-19 ·cited 24×
  A Florida Supreme Court case reviewing disciplinary sanctions against attorney William W. Flournoy for negligence in handling an appeal. The court found the two-year suspension too severe and reduced it to five months with restitution of fees.
• Martin v. Morgan Drive Away, Inc.
  665 F.2d 598· 5th Cir.· 1982-01-11 ·cited 23×
  The court held that the trial court erred in dismissing the case without an evidentiary hearing, as the validity of the assignment of claims and MTTI's standing involved disputed issues of fact.
• Poloron Prods. v. Lybrand Ross Bros. & Montgomery
  534 F.2d 1012· 2d Cir.· 1976-04-05 ·cited 23×
  The court held that the 'two dismissal' rule under Rule 41(a)(1) is not activated when a prior dismissal was by stipulation, even if followed by a notice of dismissal, and that the assignment of the right to appeal was not champertous under New York law.
• Kimm v. COX
  130 F.2d 721· 8th Cir.· 1942-09-08 ·cited 23×
  The court affirmed the denial of the petition for removal of the trustee and attorneys, and the denial of their request for return of fees.
• AmeriFirst Bank v. Bomar
  757 F. Supp. 1365· S.D. Fla.· 1991-01-17 ·cited 22×
  The court held that the assignment of federal securities claims was valid and not champertous or collusive, but declined to create federal common law for breach of fiduciary duty claims, dismissing ADCO's state law claims for lack of jurisdiction.
• Kester v. Nellie L. Cowan Bostwick (formerly Nellie L. Cowan) a widow
  153 Fla. 437· Fla.· 1943-07-30 ·cited 22×
  A Florida Supreme Court case determining the validity of a tax deed acquired by Kester for Pompano Beach property and establishing the measure of mesne profits owed to the rightful owner who recovered through ejectment. The court held the tax deed invalid due to insufficient prop
• Kraft v. Zelda Pincourt Mason
  668 So. 2d 679· Fla. 4th DCA· 1996-02-28 ·cited 21×
  Mason lent money to her brother Kraft to finance federal antitrust litigation in exchange for a percentage of any recovery. When the suit settled for $5 million, Kraft withheld Mason's share. The trial court rejected champerty, usury, and statute of limitations defenses but misca
• Brannan v. Stark
  185 F.2d 871· D.C. Cir.· 1950-11-09 ·cited 16×
  The court held that the Secretary of Agriculture exceeded his statutory authority by including provisions in the milk marketing order that required payments from the producer pool to milk cooperative associations for services that were not incidental to, inconsistent with, or nec
• In re TMT Trailer Ferry, Inc. v. Thomas Kirkland for TMT Trailer Ferry, Inc.
  577 F.2d 1296· 5th Cir.· 1978-08-10 ·cited 15×
  The court held that the district court's fee awards for trustee's counsel were excessive and for Protective Committee counsel were inadequate, adjusting them accordingly, while affirming the trustee's fee.
• Pdvsa US Litig. Tr. v. Lukoil Pan Americas, LLC
  991 F.3d 1187· 11th Cir.· 2021-03-18 ·cited 14×
  The Court of Appeals affirmed the district court's dismissal, holding that the assignment of claims to the Litigation Trust was champertous under New York law, rendering the Trust without standing to sue.
• Hoechst Celanese Corp. & Shell Oil Co. v. FRY
  753 So. 2d 626· Fla. 5th DCA· 2000-02-25 ·cited 14×
  Hoechst Celanese and Shell Oil appealed a class certification order in a products liability case involving allegedly defective polybutylene and acetal plumbing systems in mobile homes. The Fifth District Court of Appeal reversed the certification, holding that fraud claims are un
• Blanchette v. Cataldo
  734 F.2d 869· 1st Cir.· 1984-05-16 ·cited 14×
  The appellate court affirmed most of the district court's findings, reversing only the counterclaim award for interference with business relations due to attorney privilege, and remanded for recalculation of Chapter 93A liability for receivers and attorneys' fees.
• Empresa Cubana Exportadora de Azucar y SUS Derivados v. Lamborn & Co., Inc.
  652 F.2d 231· 2d Cir.· 1981-06-11 ·cited 14×
  The court held that while Lamborn could assert the assigned claim, the Cuban government's seizure of assets was a governmental act barred by the act of state doctrine when asserted as a counterclaim or set-off.
• Kenrich Corp. to the Use of Jerome Kline v. Stanton R. Miller
  377 F.2d 312· 3d Cir.· 1967-05-24 ·cited 13×
  The court held that the agreement between Kline and Kenrich was champertous and thus legally ineffective, barring Kline from maintaining the action.
• The Cherokee Nation v. The United States
  355 F.2d 945· Ct. Cl.· 1966-01-21 ·cited 12×
  The court held that it has jurisdiction to review the Indian Claims Commission's attorneys' fee awards and that the attorneys were not estopped from appealing the award they accepted under duress.
• Jamison Coal & Coke Co. v. Goltra
  143 F.2d 889· 8th Cir.· 1944-07-27 ·cited 12×
  The court held that the contract did not create an equitable lien and that specific performance was not warranted due to an adequate legal remedy and the contract's nature as a hazard.
• Refac Int'l, Ltd. v. Hitachi, Ltd.
  921 F.2d 1247· Fed. Cir.· 1990-10-02 ·cited 10×
  The court affirmed the district court's order of noninfringement and dismissal due to discovery violations, awarded attorney fees and double costs for a frivolous appeal, and remanded for determination of Rule 11 sanctions.
• Hoston v. Silbert
  681 F.2d 876· D.C. Cir.· 1982-06-29 ·cited 10×
  The court held that the district court erred in dismissing the wrongful death action for lack of subject-matter jurisdiction under the FTCA, as the complaint alleged sufficient facts to establish jurisdiction.
• Am. Commercial Lines, Inc. v. The Valley Line Co.
  529 F.2d 921· 8th Cir.· 1976-01-28 ·cited 10×
  The court held that the plaintiff's claim for equitable subrogation was a factual question for the jury, not subject to summary judgment, but that the written assignment was invalid because the assignor had no remaining interest after a prior release.
• Application of David Kamerman
  278 F.2d 411· 2d Cir.· 1960-05-10 ·cited 10×
  An attorney may have an attorney's lien for professional services computed on the basis of quantum meruit, even if the written retainer agreement was champertous.
• McINTOSH v. Harbour Club Villas Condo. Ass'n
  421 So. 2d 10· Fla. 3d DCA· 1982-09-28 ·cited 8×
  The court held that the plaintiffs' allegations of adverse consequences from the zoning variance demonstrated sufficient interest in the litigation to avoid a champertous agreement, even if that interest did not meet standing requirements.
• Kirke v. Tex. Co.
  186 F.2d 643· 7th Cir.· 1951-01-11 ·cited 8×
  The court held that the plaintiff is entitled to a trial on the merits regarding claims for casinghead gas lost or burned after the erection of a processing plant, but not for gas lost prior to the plant's construction.
• Sullivan v. Comm. on Admissions & Grievances of the United States Dist. Court for the Dist. of Columbia
  395 F.2d 954· D.C. Cir.· 1967-03-03 ·cited 6×
  The court vacated its prior affirmance and remanded the case because the District Court did not make findings on the conflict of interest issue, which was a significant basis for the original opinion.
• Hardick v. Homol
  795 So. 2d 1107· Fla. 5th DCA· 2001-10-05 ·cited 5×
  Hardick appeals the dismissal of his third amended complaint alleging maintenance and champerty against defendants who allegedly conspired to file false criminal charges and harassing lawsuits. The court holds that maintenance and champerty are no longer viable causes of action i
• JLF Enters., Inc. v. Malinski
  800 So. 2d 334· Fla. 3d DCA· 2001-11-21 ·cited 2×
  JLF Enterprises and the Friedes appealed summary judgment dismissing their legal malpractice suit against attorney Malinski. The court affirmed dismissal of the individual claims against the Friedes but reversed as to JLF, finding that while Malinski did not represent the Friedes
• United States for the Use & Benefit of Balboa Ins. Co. v. Algernon Blair, Inc.
  795 F.2d 404· 5th Cir.· 1986-07-25 ·cited 2×
  The court held that the SBA's involvement in financing litigation through its surety bond guarantee program does not violate public policy or constitute champerty, and that a valid assignment of a Miller Act claim grants the assignee standing to sue.
• Dombey v. Detroit
  351 F.2d 121· 6th Cir.· 1965-09-30 ·cited 2×
  The court held that the railroad did not intentionally interfere with the attorney-client contract and that the attorneys were entitled to their contingent fee based on Ohio law regarding attorney fee recovery upon client settlement.
• Ewart G. Brown v. Dyrnes
  109 So. 2d 788· Fla. 2d DCA· 1959-03-13 ·cited 2×
  Plaintiff Brown sued defendant Dyrnes under a contingent fee contract for legal services rendered in investigating her property agent, seeking payment for work done on her claim against the agent. The jury found for the defendant, rejecting plaintiff's suit, and the appellate cou
• Gardner v. The Atchison
  226 F.2d 109· 7th Cir.· 1955-09-29 ·cited 2×
  The court held that the attorney's discharge was not wrongful, as evidenced by a voluntary substitution agreement, and therefore the administrator could not recover the full contract fee.
• Saulsberry v. Maddix
  125 F.2d 430· 6th Cir.· 1942-02-04 ·cited 2×
  The court held that a mineral reservation in a deed is valid between the parties, even if the grantor only owned a partial interest, and that the reservation applied to all land conveyed. The court also held that a deed was not void for champerty because the grantor's co-tenant h
• Valley Nat'l Bank v. Warren
  M.D. Fla.· 2021-04-23
  Valley National Bank lacks standing to appeal the bankruptcy court's order because it has neither Article III standing nor the "person aggrieved" standing required under the Bankruptcy Code.
• Roor Int'l BV v. Ullah Bus. Inc.
  M.D. Fla.· 2019-08-30
  The court denied plaintiffs' motion for sanctions invoking the court's inherent jurisdiction.
• OMS Nat'l Ins. v. Turbyfill
  N.D. Fla.· 2016-03-31
  The court held that the insurer has no duty to defend or indemnify the insured because the allegations in the underlying complaint fall within the policy's sexual misconduct exclusion.
• Eisenberg v. City of Miami Beach
  2014 U.S. Dist. LEXIS 131713· S.D. Fla.· 2014-09-19
  The court held that collateral estoppel does not preclude the plaintiffs' constitutional claims, and the analysis for First Amendment retaliation and substantive due process claims is not appropriate on a motion for judgment on the pleadings.
• Williams v. Delray Auto Mall, Inc.
  499 F. Supp. 2d 314· S.D. Fla.· 2013-01-07