Chancery Jurisdiction

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

• Wiggins & Johnson v. Williams
  36 Fla. 637· Fla.· 1895-06-01 ·cited 96×
  The Florida Supreme Court held that a statute authorizing courts of chancery to assess damages for trespass on timbered lands violated the constitutional right to trial by jury, as damage recovery for mere trespass was a legal remedy tried by jury at common law. The Court affirme
• Sailing W. Baruch v. W. B. Haggerty, Inc.
  137 Fla. 799· Fla.· 1939-05-16 ·cited 71×
  The Florida Supreme Court affirmed the denial of a plea of privilege and motion to dismiss in a suit by W. B. Haggerty, Inc. seeking specific performance of a stock purchase contract against co-partners who stopped payment on the agreed consideration. The court held that equity j
• Ex parte Bronk v. State
  43 Fla. 461· Fla.· 1901-06-01 ·cited 57×
  John Parker Bronk challenges his detention under a writ of ne exeat issued in an alimony/maintenance suit filed by his wife. The Florida Supreme Court affirms the lower court's denial of habeas corpus, holding that courts may issue a writ of ne exeat in maintenance actions before
• Walling v. The Christian & Craft Grocery Co.
  41 Fla. 479· Fla.· 1899-06-01 ·cited 47×
  Mrs. R. A. Walling sought to rely on an Alabama decree that made her a free dealer to defend against an equity suit in Florida. The Florida Supreme Court held that a married woman's status acquired under another state's law does not follow her to a new domicile and cannot be used
• Hughes v. Hannah
  39 Fla. 365· Fla.· 1897-01-01 ·cited 42×
  The Florida Supreme Court holds that a statute allowing persons claiming title to land to sue in equity against adverse possessors violates the constitutional right to trial by jury when defendants hold land adversely under claim of title. The court affirms that actions for recov
• Couture v. The Cnty. of Dade by J. W. Carey
  93 Fla. 342· Fla.· 1927-02-26 ·cited 40×
  The Florida Supreme Court reversed an injunction issued by Dade County to prevent landowners from obstructing the Ocean Beach Road, holding that the road was not a public highway because it lacked the elements required to establish public highway status, particularly adverse use
• Effye Duke v. Duke
  109 Fla. 325· Fla.· 1933-04-05 ·cited 33×
  In this 1933 Florida divorce case, the court affirmed the chancellor's decision to retain jurisdiction over a child custody matter despite the wife's motion to dismiss the divorce proceedings. The court held that equity courts have inherent jurisdiction to protect infants that ca
• In re Adoption of Carol Palmer
  129 Fla. 630· Fla.· 1937-10-22 ·cited 32×
  This case concerns whether an appeal can be taken from a circuit judge's order authorizing the adoption of a child. The court held that no appeal lies because the relevant statute does not provide for review, and the proceeding is statutory rather than a case originating in the C
• Punta Gorda State Bank v. Wilder
  93 Fla. 301· Fla.· 1927-02-19 ·cited 32×
  Judgment creditors sought to reach assets fraudulently transferred by their judgment debtor through a creditor's bill in equity. The Florida Supreme Court reversed the trial court's dismissal, holding that when a judgment debtor had legal title to property that was fraudulently c
• H. L. Ritch & Co. v. Burton Bellamy
  14 Fla. 537· Fla.· 1874-04-01 ·cited 30×
  Mortgage creditors brought a bill in equity against an administrator, heirs, and distributees, challenging the administrator's management of an estate and seeking sale of mortgaged property. The Florida Supreme Court held that circuit courts have exclusive equity jurisdiction ove
• City of Jacksonville v. Giller
  102 Fla. 92· Fla.· 1931-06-23 ·cited 22×
  The Florida Supreme Court upheld an interlocutory injunction protecting the Gillers' possession of real property and buildings they occupied under a lease, holding that the City of Jacksonville could not interfere with their actual possession without following proper legal proced
• Adjmi v. Pankonin
  126 So. 2d 153· Fla. 3d DCA· 1961-01-26 ·cited 17×
  An equity court may not entertain a suit for rescission of an oral transaction where the ultimate relief sought is solely a money judgment, because a complete and adequate remedy at law exists.
• Mouyois v. Anne Mouyois
  97 So. 2d 718· Fla. 3d DCA· 1957-09-17 ·cited 14×
  Anne Mouyois sought to set aside a divorce decree and property settlement agreement on grounds of fraud, claiming her ex-husband Peter Mouyois fraudulently obtained the agreement. The trial court properly denied the fraud claim but improperly modified the alimony payments from $1
• Therrell v. Rinaman
  107 Fla. 110· Fla.· 1932-10-22 ·cited 13×
  The Florida Supreme Court affirmed an injunction preventing a bank liquidator from borrowing money and pledging assets of an insolvent bank, holding that Florida's statutory liquidation scheme does not confer express or implied authority for such borrowing, and courts cannot gran
• Broome v. Joseph H. Alston de bonis non of the estate of Augustus Alston
  8 Fla. 307· Fla.· 1859-01-01 ·cited 10×
  The Florida Supreme Court reversed a lower court decree that awarded slaves to an administrator of an estate, holding that a widow administrator's conveyance of estate property in a marriage settlement deed was void because she acted in her private capacity without proper authori
• Lee v. Walter-Keogh
  105 Fla. 199· Fla.· 1932-04-19 ·cited 9×
  The Florida Supreme Court reversed a trial court's decision striking municipal tax certificates from a foreclosure suit, holding that a court of chancery with jurisdiction over state and county tax certificates under Chapter 14572 may also foreclose municipal tax certificates aga
• Gilvary v. Gilvary
  648 So. 2d 317· Fla. 3d DCA· 1995-01-11 ·cited 8×
  A trial court has equitable jurisdiction to award temporary support and attorney's fees to a putative wife seeking an annulment when she was unaware of the husband's prior marriage at the time of the putative marriage.
• Abram Lippman v. Shapiro
  151 Fla. 327· Fla.· 1942-09-11 ·cited 8×
  Lippman appealed the dismissal of his chancery bill seeking a declaratory decree on assigned open accounts. The Florida Supreme Court affirmed, holding that the declaratory judgment statute does not apply to simple, unambiguous assignments of open accounts that are properly cogni
• Suits v. Hillsborough Cnty.
  147 Fla. 53· Fla.· 1941-05-06 ·cited 8×
  The Florida Supreme Court upheld a county's right to foreclose tax sale certificate liens held by the State and affirmed the constitutionality of the statute authorizing such foreclosure suits. The court rejected challenges to the county's standing, the statute's validity under s
• Davidson v. Hester B. Seegar
  15 Fla. 671· Fla.· 1876-06-01 ·cited 8×
  A county court judge issued an execution to collect a docket fee without a judgment or court order, and the Supreme Court of Florida held that such execution was void and unauthorized, lacking the legal foundation required for any execution to issue.
• Maiben v. Bobe
  6 Fla. 381· Fla.· 1855-04-01 ·cited 7×
  The Florida Supreme Court held that a married woman with a separate estate created by deed may freely dispose of that property without restriction, absent explicit limitations in the deed itself. The court adopted the English and New York doctrine over the stricter South Carolina
• First Fed. Sav. & Loan Ass'n OF Broward Cnty. v. Consol. Dev. Corp.
  195 So. 2d 856· Fla.· 1967-02-22 ·cited 6×
  First Federal challenged a dismissal of its deficiency action in Broward County, arguing the Palm Beach County foreclosure court had improperly relinquished jurisdiction. The Florida Supreme Court upheld the dismissal, holding that a court cannot arbitrarily divest itself of juri
• Davidson v. Floyd
  15 Fla. 667· Fla.· 1876-06-01 ·cited 6×
  The Florida Supreme Court reversed a decree granting an injunction to prevent the sale of a mare seized under an allegedly invalid execution issued by a county judge for unpaid probate court costs. The court held that while the execution was improperly issued without a prior judi
• K.A.S. v. R.E.T. and S.L.T.
  914 So. 2d 1056· Fla. 2d DCA· 2005-11-30 ·cited 4×
  A Florida appellate court held that probate courts have inherent power to order nonparental guardians of minor wards to permit visitation with third parties, including grandparents, when such visitation promotes the ward's best interests. The court reversed the probate court's or
• Title & Tr. Co. OF FLA. v. Title Guar. & Abstract Co. OF Sanford
  103 So. 2d 211· Fla. 2d DCA· 1958-06-04 ·cited 4×
  Title and Trust Company appealed dismissal of its declaratory judgment action seeking interpretation of an agency contract for title insurance and appointment of a receiver to protect records that the agent sold to a competitor. The court reversed, holding that the plaintiff was
• On Rehearing
  98 Fla. 638· Fla.· 1929-10-17 ·cited 2×
  This case addresses the validity of a guardian's sale of real estate belonging to an insane person (Matilda Fiehe) when the guardian's appointment order was not recorded in the court minutes before the sale, but was later recorded nunc pro tunc. The Florida Supreme Court held tha
• Erickson v. Ins. Co. of N. Am.
  62 Fla. 161· Fla.· 1911-06-01 ·cited 2×
  This is a follow-up appeal in two fire insurance cases where the court previously held policies void due to the insured's lack of sole and unconditional ownership at the time of issuance. The plaintiff sought to resurrect the void policies by asserting estoppel and waiver based o
• Christopher v. Uriah Bowden
  17 Fla. 603· Fla.· 1880-01-01 ·cited 2×
  Christopher sought injunctive relief to prevent a sheriff from honoring an exemption claim on oxen levied under execution on a judgment for the purchase price. The Florida Supreme Court affirmed the dismissal of the bill, holding that courts of chancery lack jurisdiction to enjoi
• Miller v. White
  14 Fla. 435· Fla.· 1874-01-01 ·cited 2×
  Frances Miller, administratrix of an estate, appealed a judgment awarding her $2,186.25 for a slave named George taken from her possession in replevin. The Florida Supreme Court reversed, holding that a court of chancery lacked jurisdiction because adequate remedies existed at la
• Lucila Murphy v. Lenis Osorio and Velia Pouso
  299 So. 3d 446· Fla. 3d DCA· 2020-01-02 ·cited 1×
  The appellate court reversed a final judgment quieting title to real property, finding the trial court misconstrued the jury's verdict. The jury only determined a specific deed was forged, but did not decide which deed was operative or who held legal title. The case was remanded
• THE Printing House, Inc. v. State
  614 So. 2d 1119· Fla. 1st DCA· 1992-12-31 ·cited 1×
  The Printing House challenged the Department of Revenue's striking of its jury trial demand in a tax assessment dispute involving sales and use tax, local government infrastructure surtax, and criminal justice tax totaling over $1 million. The court held that a right to jury tria
• Ellis v. Lou Lorraine Ellis
  207 So. 2d 57· Fla. 1st DCA· 1968-02-20
  In this divorce appeal, the Florida District Court of Appeal reversed an order requiring the defendant-father to redeposit funds in a trust for the minor children's education, holding that the trial court lacked jurisdiction to modify the divorce decree more than six months after
• In re Saxe's Will
  25 Fla. Supp. 44· Sarasota Cty. Cir. Ct.· 1965-03-30
  A Florida court authorized invasion of trust principal to provide emergency relief to the residuary beneficiary, who faced destitute circumstances following a serious automobile accident that incapacitated her from earning income. The court found this constituted an extreme emerg
• Dawson v. Dawson
  164 So. 2d 536· Fla. 1st DCA· 1964-05-28
  In this alimony case, the trial court awarded support to a woman who participated in a sham Mexican marriage ceremony with a man who was never actually divorced from his prior wife. The appellate court reversed the alimony award because Florida law limits alimony unconnected with
• Saffer v. Saffer
  18 Fla. Supp. 32· Duval Cty. Cir. Ct.· 1960-07-28
  James Saffer sued his wife Alice for property rights and an accounting of rents and profits from jointly owned properties, alleging fraud and overreaching conduct in her acquisition of title. The circuit court dismissed the case based on res judicata, finding that the identical i
• State OF Fla. ex rel. v. Dade Cnty. Roofing Co., Inc.
  156 Fla. 260· Fla.· 1945-07-20
  The Florida Supreme Court denied the Attorney General's quo warranto petition seeking to void portions of a labor union agreement between Dade County Roofing Co. and Local Union No. 57, claiming the agreement violated Florida's newly-adopted constitutional right-to-work amendment
• Hutchins v. State
  131 Fla. 826· Fla.· 1938-03-29
  This case concerns whether a circuit court's assumption of jurisdiction over an estate administration through a chancery suit prevents a county judge's court from proceeding with insolvency proceedings. The appellate court affirmed the circuit court's issuance of a writ of prohib
• State v. Edmunds
  114 Fla. 443· Fla.· 1934-04-02
  The Florida Supreme Court held that a County Judge lacks jurisdiction to re-establish an alleged lost or destroyed will that was never made a record in the County Judge's office. Such proceedings must be brought in the Circuit Court under the applicable statute, not in the probat
• Sandlin v. The Hunter Co.
  70 Fla. 514· Fla.· 1915-12-15
  John Sandlin purchased land from John High and sought to enjoin The Hunter Company from cutting timber on the property. The trial court found that The Hunter Company had superior rights to cut the timber under earlier conveyances from High to timber lessees, and that Sandlin, hav
• Summers v. The First Nat'l Bank of Gainesville
  51 Fla. 564· Fla.· 1906-01-01
  Appellants sought to enjoin the sale of machinery they claimed was a fixture to their real property, which had been levied upon and sold by the sheriff in an attachment action against a former owner. The Florida Supreme Court affirmed the dismissal of their bill, holding that equ
• Phillips v. Crichton
  17 Fla. 600· Fla.· 1880-01-01
  The Florida Supreme Court affirmed a lower court's dismissal of a bill in equity, holding that a court of equity cannot entertain a claim for property exemption when an adequate remedy exists at law. The court found that the statutory remedy for claiming exempt property, even wit