Choice Of Remedies

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

• Frankel v. City OF Miami Beach
  340 So. 2d 463· Fla.· 1976-09-23 ·cited 90×
  The Florida Supreme Court reversed the Third District Court of Appeal's dismissal of a class action brought by apartment owners challenging the effective date of a municipal water rate increase ordinance. The Court held that class actions are properly maintainable in non-fraud ca
• Costin v. Ansel L. Hargraves
  283 So. 2d 375· Fla. 1st DCA· 1973-10-04 ·cited 40×
  In this interlocutory appeal, the Florida First District Court of Appeal reversed the trial court's denial of defendants' motion to decertify a class action, holding that the plaintiffs failed to demonstrate the necessary community of interest required to maintain a class action
• Fed. Deposit Ins. Corp. v. Eckhardt
  691 F.2d 245· 6th Cir.· 1982-10-19 ·cited 16×
  The court held that the FDIC's action to enforce the personal agreement was not barred by res judicata, as it constituted a different cause of action than the prior mortgage foreclosure suit under Ohio law.
• Lance v. Wade
  457 So. 2d 1008· Fla.· 1984-08-30 ·cited 12×
  The Florida Supreme Court held that class actions cannot be brought based on fraud involving separate contracts, as fraud claims are inherently diverse and require individualized proof of reliance. The Court quashed the Third District's decision allowing mobile home lot purchaser
• Giblin v. State
  158 Fla. 490· Fla.· 1947-02-11 ·cited 12×
  Appellant Giblin, who filed an anti-gambling injunction suit, was held in contempt for statements in a motion to dismiss criticizing Judge Milledge's integrity and alleged bias. The Florida Supreme Court reversed, holding that Giblin's statements were privileged when made pursuan
• Lance v. Wade
  424 So. 2d 161· Fla. 3d DCA· 1983-01-04 ·cited 4×
  Lance and Cross Key Waterways appealed a jury verdict finding them liable for fraud damages in a class action suit involving misrepresentations about paved roads in a mobile home development. The court affirmed, holding that class actions sounding in fraud are permissible when th
• Loughman v. Town OF Pelham (Employers Liab. Assur. Corp.
  126 F.2d 714· 2d Cir.· 1942-03-09 ·cited 4×
  The court held that a pledge of bank assets to secure a town deposit was ultra vires and that the statute of limitations barred recovery of proceeds from the sale of bonds, but not dividends paid under mutual mistake.
• Olen Props. Corp. v. Moss
  984 So. 2d 558· Fla. 4th DCA· 2008-05-14 ·cited 1×
  The court held that a lease provision allowing a tenant to cancel after seven months with a one-month rent fee is valid, but a provision allowing three months' rent as liquidated damages upon tenant default is void under the Florida Residential Landlord and Tenant Act.
• Walton v. Walton
  Del. Ch.· 2025-09-02
  The Court of Chancery granted in part and denied in part cross-motions for summary judgment and judgment on the pleadings. The court held that the irrevocable voting proxy granted to Mr. Walton was no longer effective because he was no longer a 'Management Shareholder' as defined
• Se. Bank, N.A. v. Almeida
  693 So. 2d 1015· Fla. 3d DCA· 1997-05-07
  Southeast Bank appeals a class certification order in a fraud action brought by former credit card holders who received default judgments or settlement agreements allegedly based on inflated interest calculations. The court reverses, holding that Florida's long-standing Osceola r
• Douglas v. NCNB Tex. Nat'l Bank
  979 F.2d 1128· 5th Cir.· 1992-12-30
  The court held that the compulsory counterclaim rule did not bar the FDIC from collecting on promissory notes because Texas law allows lenders to pursue nonjudicial foreclosure and debtors cannot force them to elect judicial remedies.