Diversity Of Citizenship

615 Florida cases classified under this topic, plus 389 listed through its narrower topics · sorted by citation count · browse and sort

• The Peoples Nat'l Bank v. Bryant
  774 F.2d 682· 5th Cir.· 1985-10-21 ·via Diversity Suit
  The court held that the trial court correctly applied the parol evidence rule under Texas law to reverse the jury's verdict in favor of the defendants.
• Acli Gov't Sec., Inc. v. Rhoades
  764 F.2d 1033· 4th Cir.· 1985-06-24
  The court affirmed the district court's judgment, finding that Norma Rhoades had no interest in the property and upholding the sale to satisfy Daniel Rhoades' judgment.
• Bus. Buyers OF NEW England, Inc. v. Gurham
  754 F.2d 1· 1st Cir.· 1985-02-06 ·via Federal Diversity Jurisdiction
  The court held that a dismissal for lack of jurisdiction must be without prejudice, and a party cannot predicate a judgment on the falsity of its own affidavit.
• Deckers v. Kenneth W. Rose, Inc.
  592 F. Supp. 25· M.D. Fla.· 1984-08-24
  The court held that the plaintiff, a member of the military, retained his Florida domicile despite residing in Georgia for a period, thus lacking the diversity of citizenship required for federal jurisdiction.
• Fla. First Nat. Bank v. Bagley
  508 F. Supp. 8· M.D. Fla.· 1980-04-10
  The court held that the case was improvidently removed and lacked federal jurisdiction because the state court action was quasi in rem, requiring remand.
• Burleson v. Coastal Rec., Inc.
  595 F.2d 332· 5th Cir.· 1978-12-12 ·via Complete Diversity Rule
• Carter v. Boston OLD Colony Ins. Co.
  581 F.2d 1123· 4th Cir.· 1978-09-06
  The court held that the 'stacking' of medical payments was not required under the Boston Old Colony policy due to a specific limitation clause, and that no punitive damages were warranted.
• Bethany Auto Sales, Inc. v. Aptco Auto Auction, Inc.
  564 F.2d 895· 9th Cir.· 1977-11-17
  The court held that a plaintiff's alleged injury in the forum state, resulting from defendant's out-of-state conduct, does not establish personal jurisdiction if the damage-causing event did not occur in the forum state.
• Rogers v. Hi-Way Dispatch, Inc.
  463 F.2d 587· 7th Cir.· 1972-06-15 ·via Diversity Suit
  The court held that the jury's verdict was proper and the trial court did not err in denying the defendants' motion for judgment notwithstanding the verdict.
• Carlton Jasper Luehrs v. Utah Home Fire Ins. Co.
  450 F.2d 452· 9th Cir.· 1971-09-30
• Houston v. Astle
  435 F.2d 847· 3d Cir.· 1970-12-23
  The court held that the district court erred by improperly restricting inquiry into the guardian's citizenship and by failing to consider whether diversity jurisdiction was artificially created.
• Justice v. Consolidation Coal Co.
  421 F.2d 166· 6th Cir.· 1970-02-05
  The court held that admitting testimony concerning a subsequent foot injury was not reversible error, as the district judge's opinion expressly based the adjudication on the back injury. The extent of disability in workmen's compensation cases is a question of fact, and the trial
• Crowder v. Gordons Transports, Inc.
  419 F.2d 480· 8th Cir.· 1969-12-23 ·via Federal Diversity Jurisdiction
  A settlement payment made under the Federal Employers' Liability Act (FELA) does not bar a subsequent wrongful death action under Missouri law against a joint tort-feasor, even if the FELA payment exceeds the Missouri statutory damages limit.
• Heymann v. Sears
  415 F.2d 327· 5th Cir.· 1969-08-05 ·via Federal Diversity Jurisdiction
• Forest C. Pendleton, Jr. v. Reliance Ins. Co.
  360 F.2d 167· 5th Cir.· 1966-05-10
  The court affirmed the district court's grant of summary judgment for the defendant, finding no error.
• Zacharias v. Ute Marleen Ippen
  337 F.2d 445· 10th Cir.· 1964-10-21
  The court held that the Wyoming non-resident motorist statute applies to accidents occurring on roads within Yellowstone National Park, even though the state does not maintain or regulate those roads.
• Mrs. Mildred Lillibridge v. Riley
  316 F.2d 232· 5th Cir.· 1963-04-19
  The court held that a prior suit dismissed for lack of diversity is a nullity and does not qualify for the Georgia Renewal Statute.
• Carwile v. Pub. Serv. Co. OF Ind., Inc.
  315 F.2d 301· 7th Cir.· 1963-04-05
  Defective allegations of jurisdiction can be amended in trial or appellate courts, and a juror's potential overhearing of an unrelated conversation does not constitute prejudicial error without proof of prejudice.
• Dendinger v. Md. Cas. Co.
  302 F.2d 850· 5th Cir.· 1962-05-09 ·via Federal Diversity Jurisdiction
  Insurers are not liable in solido with each other, even if their insureds are jointly negligent, and thus cannot aggregate policy limits to meet jurisdictional amount.
• Castleman v. Alamo Plaza, Inc.
  296 F.2d 521· 6th Cir.· 1961-12-15
  The court held that the district court erred in dismissing the action based on an answer filed by a corporation not named as a defendant, and that the validity of service on the named defendant must be determined.
• Nathan Yorke in Bankruptcy of Abraham M. Liebling v. Frank
  295 F.2d 580· 7th Cir.· 1961-10-16
  The court held that the general venue statute does not apply to actions brought by a trustee in bankruptcy under Section 70 of the Bankruptcy Act, and therefore the district court erred in dismissing a defendant for improper venue.
• Smith v. Sperling
  277 F.2d 634· 9th Cir.· 1960-04-20
  The court held that the district court's dismissal of both causes of action on the merits was correct and inevitable, based on findings that the directors acted in good faith and exercised independent business judgment.
• Lewis v. Consol. Underwriters
  276 F.2d 687· 5th Cir.· 1960-04-14
  The court held that the district court had diversity jurisdiction and erred in dismissing the case for want of jurisdiction based on the employer's failure to post notice under the Alabama Workmen's Compensation Law.
• Buck v. NEW York Central Railroad
  275 F.2d 292· 7th Cir.· 1960-03-01
  The court held that the district court properly dismissed the case for lack of diversity jurisdiction because the plaintiff and a defendant railroad were both citizens of Illinois.
• Huang v. Young
  256 F.2d 159· 9th Cir.· 1958-06-09
  The appeal is dismissed in its entirety for failure to comply with Rule 54(b) of the Federal Rules of Civil Procedure.
• Canadian Indem. Co. v. Ohio Farmers' Indem. Co. & Prudential Assurance Co. of London
  251 F.2d 563· 9th Cir.· 1958-01-15
  The court held that the appealing insurance company failed to establish its claim that the underlying judgment was based solely on respondeat superior, thus failing to shift liability to other insurers.
• In re The Workmen's Comp. of Feliberto Fresquez v. Farnsworth & Chambers Co., Inc.
  238 F.2d 709· 10th Cir.· 1956-11-02
  A state's Workmen's Compensation Act claim is removable to federal court if diversity jurisdiction exists, and the claim is not barred by the statute of limitations.
• Carr v. Beverly Hills Corp.
  237 F.2d 323· 9th Cir.· 1956-05-23
  The court held that a trial court may properly determine jurisdictional facts, including the alignment of parties, before reaching the merits of the case, especially when jurisdiction depends on those facts.
• Todd v. Southland Broad. Co.
  231 F.2d 225· 5th Cir.· 1956-03-20
  The court held that the trial court's finding that station KCIJ was the individual property of the appellees was clearly erroneous, and that directors cannot deal personally with the corporation, especially when their vote is necessary for the transaction.
• Rubelt v. Bybee
  229 F.2d 664· 9th Cir.· 1956-01-25
  The court held that the trial court erred in making findings on the merits after determining it lacked jurisdiction.
• The Republic OF Indonesia v. J. R. Simplot Co.
  220 F.2d 321· 9th Cir.· 1955-03-10
  The court held that 'f. o. b. Docks, Portland, Oregon' means free on board the railway cars at the docks, not on the railway platform, and thus the seller was not responsible for unloading costs.
• Nw. Nat. Bank of Minneapolis v. A. M. Cameron Co.
  210 F.2d 398· 8th Cir.· 1954-02-18
  The court held that the Bank's assignments of accounts receivable were insufficient to cover future shipments because they lacked specific identification of the subject matter, and Cameron's subsequent possession and financing of operations gave him superior equitable rights.
• Boyd v. City State Bank
  210 F.2d 161· 10th Cir.· 1954-02-03
  The court held that the trial court correctly denied the motion to dismiss for lack of diversity and correctly directed a verdict for the bank, as the maker of the check was liable to the bank as a holder for value, even if he was an accommodation party.
• Vaughan v. Warfield
  207 F.2d 350· 8th Cir.· 1953-10-21
  The court held that the district court correctly dismissed the action for lack of jurisdiction because the claims were for monetary damages, not equitable relief concerning real property, and the prior state court judgment precluded the equitable claim.
• Tohulka v. United States
  204 F.2d 414· 7th Cir.· 1953-05-28
  The court held that the District Court lacked jurisdiction to entertain a private dispute concerning the distribution of insurance proceeds, as consent to sue the government was limited to claims against it.
• Tower Realty, Inc. v. City of E. Detroit
  196 F.2d 710· 6th Cir.· 1952-04-18
  The court held that the district court erred in dismissing the case based on the real party in interest rule, as the ordinance did not require an applicant to possess leasehold rights. The court also found that Section 19 of the ordinance, which grants the mayor discretion to det
• Muth v. ÆTNA OIL Co.
  192 F.2d 1014· 7th Cir.· 1951-12-06
  The court held that it had diversity jurisdiction over the case and reinstated its prior judgment.
• Jones v. Walker
  184 F.2d 839· 8th Cir.· 1950-11-07
  Federal district courts lack jurisdiction over a landlord's claim for a rent increase determined by the Housing Expediter when the amount is less than $3,000 and there is no diversity of citizenship.
• Schneider v. Murphy
  183 F.2d 777· 5th Cir.· 1950-08-05
  The court held that the Henderson transaction conveyed Arthur Kelley's full legal and equitable interests to himself and May Kelley Schneider as joint tenants with right of survivorship, vesting May with the entire five-sixths interest after Arthur's death, and that this transact
• Victory Cabinet Co. v. Ins. Co. of N. Am.
  183 F.2d 360· 7th Cir.· 1950-06-30
  The court held that the district court properly denied the motion to remand because the suit involved separable controversies between citizens of different states, and that the plaintiff failed to establish a claim for business interruption loss due to lack of proper proof of los
• Cothren v. Evans
  172 F.2d 533· 8th Cir.· 1949-02-17
  The court held that the case was properly removed to federal court because the appointed public administrator was not a necessary party and lacked a real interest in the controversy.
• Endicott v. Phillips Petroleum Co.
  172 F.2d 372· 10th Cir.· 1949-01-27
  The court held that the trial court did not err in retaining jurisdiction over the controversy with Phillips Petroleum Company due to a separable controversy, and that the delay rental payment was timely made.
• Conn. Indem. Co. of New Haven v. Oliver
  172 F.2d 68· 8th Cir.· 1949-01-11
  The court held that the trial court did not abuse its discretion in refusing to exercise jurisdiction over a declaratory judgment action due to the pendency of a related state court proceeding that would resolve the determinative issues.
• Foreman et ux. v. Mesirow
  167 F.2d 711· 5th Cir.· 1948-03-23
• Phelps v. Hanson
  163 F.2d 973· 9th Cir.· 1947-10-23
  The court held that federal question jurisdiction does not exist merely because a party's rights derive from a treaty, if there is no actual dispute between the parties regarding the treaty's construction or effect.
• Smith v. Hydro GAS Co. OF W. Fla., Inc.
  157 F.2d 809· 5th Cir.· 1946-11-14
  A foreign corporation that has ceased doing business in Alabama and severed all ties cannot be sued in Alabama on a cause of action arising entirely outside the state after its withdrawal, even if it previously qualified to do business there.
• Friend v. Middle Atl. Transp. Co.
  153 F.2d 778· 2d Cir.· 1946-02-27
  A defendant cannot use Federal Rule of Civil Procedure 14 to implead a third party if that party and the plaintiff are citizens of the same state and federal jurisdiction does not otherwise appear.
• Kresberg v. Int'l Paper Co.
  149 F.2d 911· 2d Cir.· 1945-06-11 ·via Federal Diversity Jurisdiction
  The court held that a Massachusetts trust, despite having corporate-like attributes, is not a "corporation" within the meaning of the statute restricting federal diversity jurisdiction for suits on certain instruments.
• Jordan v. Marks
  147 F.2d 800· 5th Cir.· 1945-02-15
  The court held that the realignment of two plaintiffs as defendants was improper because it was based on anticipated future conflicts rather than the actual relief sought in the complaint.
• McCRAW v. Simpson
  141 F.2d 789· 10th Cir.· 1944-03-17
  The trial court did not err in modifying its judgment to award undistributed crop rentals to the life tenant's estate, as Oklahoma law and common law principles of emblements apply.