Election Of Remedies

856 Florida cases classified under this topic, plus 11 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bowe v. Colgate-Palmolive Co.
  416 F.2d 711· 7th Cir.· 1969-09-26 ·cited 236×
  The court held that requiring employees to elect between arbitration and a Title VII action was error, and that a 35-pound weight-lifting restriction was not a bona fide occupational qualification. It also held that Title VII actions are class actions for all relief, not just inj
• United States v. Allegheny-Ludlum Indus., Inc.
  517 F.2d 826· 5th Cir.· 1975-08-18 ·cited 219×
  The court held that intervention as of right was not conferred by Congress in this 'pattern or practice' action under Title VII § 707, and thus NOW's appeal for organizational intervention was dismissed for want of jurisdiction.
• Atl. Coast Line R.R. Co. v. Beazley
  54 Fla. 311· Fla.· 1907-06-01 ·cited 197×
  The Florida Supreme Court held that a railroad relief and hospital department contract, under which injured employees accept benefits in lieu of damages claims, is valid and enforceable as a release when the employee makes an informed election after injury, provided the contract
• Mandico v. Taos Constr., Inc.
  605 So. 2d 850· Fla.· 1992-07-09 ·cited 195×
  The Florida Supreme Court held that a general contractor who procures workers' compensation coverage for an independent contractor by deducting premiums from wages obtains immunity from civil suit under Florida's Workers' Compensation Act. The Court also rejected prohibition as a
• Franks v. Bowman Transp. Co.
  495 F.2d 398· 5th Cir.· 1974-06-03 ·cited 169×
  The court held that the thirty-day limitations period for a Title VII action begins to run only upon the aggrieved party's actual receipt of the EEOC's suit letter, not upon its mailing or constructive receipt. The court also held that arbitration awards are not binding in Title
• MacKlin v. Spector Freight Sys., Inc.
  478 F.2d 979· D.C. Cir.· 1973-05-09 ·cited 167×
  The court held that the plaintiffs' claims were timely filed with the EEOC and that pursuing contractual grievance proceedings did not preclude them from bringing a Title VII suit alleging racial discrimination.
• Lundgren v. Freeman
  307 F.2d 104· 9th Cir.· 1962-06-27 ·cited 166×
  The court held that interest on an arbitration award runs from the date of the award, not the date of contract termination, and affirmed the reformation of a contract based on mutual mistake under the "clearly erroneous" standard.
• Voges v. Ward
  98 Fla. 304· Fla.· 1929-07-31 ·cited 147×
  In this replevin case, the Florida Supreme Court clarifies that a conditional sales contract for a motor truck, despite certain mortgage-like provisions, remains enforceable as a conditional sale rather than a chattel mortgage. The court reverses the trial judgment which awarded
• Williams v. Robineau
  124 Fla. 422· Fla.· 1936-05-28 ·cited 139×
  Williams Brothers sought to amend their cross-bill in a foreclosure action to strike their prayer for foreclosure of tax deeds, but the trial court denied the motion. The Florida Supreme Court reversed, holding that the doctrine of election of remedies did not bar the amendment b
• Am. Process Co. v. Fla. White Pressed Brick Co.
  56 Fla. 116· Fla.· 1908-06-01 ·cited 134×
  American Process Company shipped machinery to H. Huennekes Company (care of Florida White Pressed Brick Company) for installation in defendant's brick plant. When Huennekes went bankrupt, American Process filed a claim in bankruptcy for the price of the machinery and received par
• Ashland OIL, Inc. v. Rod Pickard
  269 So. 2d 714· Fla. 3d DCA· 1972-11-28 ·cited 131×
  Two consolidated appeals concerning fraudulent inducement and breach of contract claims brought by Captain Rod Pickard and his companies against Ashland Oil, Cobia Boats, Modern Fiber Glass, and Harold Slama regarding an alleged scheme to deceive Pickard into providing his expert
• Brunswick Corp. v. Vineberg
  370 F.2d 605· 5th Cir.· 1967-01-11 ·cited 128×
  The court held that the dismissal of the complaint against Sky Corporation and the summary judgments in favor of Vineberg, DeMet, and Enterprises were erroneous.
• Cragin v. Ocean & Lake Realty Co.
  133 So. 569· Fla.· 1931-03-28 ·cited 128×
  The court reaffirmed its prior decision, holding that a deficiency decree granted in a foreclosure proceeding is res judicata and bars a subsequent lawsuit for the same deficiency. The court found that plaintiffs had elected their remedy by seeking and obtaining a partial deficie
• Javier H. Londono, M.D. v. Turkey Creek, Inc.
  609 So. 2d 14· Fla.· 1992-10-29 ·cited 127×
  The Florida Supreme Court held that private parties may bring malicious prosecution claims for damages exceeding costs awarded in the underlying action, that Florida's conditional privilege doctrine adequately protects First Amendment petitioning rights without adopting a federal
• Jackson v. The Shakespeare Found., Inc.
  108 So. 3d 587· Fla.· 2013-01-31 ·cited 120×
  The Florida Supreme Court held that a fraud claim arising from alleged misrepresentations in a real estate listing is subject to a broad arbitration clause in the purchase contract because the fraud claim is inextricably intertwined with the contract and transaction itself. The C
• Oubichon v. N. Am. Rockwell Corp.
  482 F.2d 569· 9th Cir.· 1973-07-10 ·cited 105×
  An employee's resort to union grievance procedures does not bar a subsequent Title VII action, and claims not initially presented to a state agency may be included in a federal complaint if reasonably related to the original charge.
• John Reiner & Co. v. The United States
  325 F.2d 438· Ct. Cl.· 1963-12-13 ·cited 104×
• Frankel v. City OF Miami Beach
  340 So. 2d 463· Fla.· 1976-09-23 ·cited 90×·via Choice Of Remedies
  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
• Lubbock Feed Lots, Inc. v. Iowa Beef Processors, Inc.
  630 F.2d 250· 5th Cir.· 1980-11-10 ·cited 87×
  The court held that feedlot operators, acting as agents with an interest in the contract and as party promisees, are the real parties in interest under Texas law and thus have standing to sue the packer for unpaid cattle purchases.
• Hutchings v. United States Indus., Inc.
  428 F.2d 303· 5th Cir.· 1970-06-19 ·cited 83×
  An employee's utilization of contractual grievance-arbitration procedures does not preclude them from pursuing a Title VII action in federal court, nor does it automatically toll the statute of limitations for filing EEOC charges.
• Dewey v. Reynolds Metals Co.
  429 F.2d 324· 6th Cir.· 1970-06-04 ·cited 81×
• Barbe v. Villeneuve
  505 So. 2d 1331· Fla.· 1987-04-16 ·cited 80×
  Barbe obtained a default judgment for treble damages against Tashea for theft of a yacht purchase price, then later sought to recover the yacht itself in a replevin action. The Florida Supreme Court held that the election of remedies doctrine bars Barbe from obtaining both the mo
• MCR Funding & Mortg. Cap. Res. Corp. v. CMG Funding Corp.
  771 So. 2d 32· Fla. 4th DCA· 2000-09-27 ·cited 77×
  MCR Funding challenges a trial court judgment enforcing a settlement agreement after the parties had voluntarily dismissed their lawsuit without obtaining a court order approving the settlement. The court held that while the trial court lacked "case jurisdiction" after dismissal,
• Realty Bond & Share Co. v. Englar
  104 Fla. 329· Fla.· 1932-02-23 ·cited 77×
  Realty Bond & Share Company appealed a judgment on a promissory note, challenging the trial court's sustaining of demurrers to several defensive pleas and the inclusion of attorney's fees in the judgment. The Florida Supreme Court reversed, holding that the first plea alleging fa
• Bueno v. Ilene Workman
  20 So. 3d 993· Fla. 4th DCA· 2009-10-28 ·cited 76×
  The Florida Fourth District Court of Appeal reversed a circuit court's dismissal of a motor vehicle negligence action based on estoppel, waiver, and election of remedies. The court held that none of these doctrines applied to bar the plaintiff's claim against the defendant, even
• Doehler Metal Furniture Co., Inc. v. United States
  149 F.2d 130· 2d Cir.· 1945-04-26 ·cited 76×
  The court held that the government's partial refusal of delivery did not waive its right to hold Doehler liable for excess costs under the reletting provision, and that the inclusion of a liquidated damages clause in the relet contract necessitates a factual inquiry into its effe
• Gibson v. Bennett
  561 So. 2d 565· Fla.· 1990-05-10 ·cited 74×
  The Florida Supreme Court held that circuit courts have jurisdiction to enforce foreign judgments for child support arrearages through equitable remedies, including contempt proceedings, even after the judgment has been reduced to a money judgment and after the child reaches majo
• Cap. City Bank v. Hilson
  64 Fla. 206· Fla.· 1912-06-01 ·cited 70×
  Capital City Bank appeals the trial court's overruling of its demurrer to Hilson's bill in equity seeking reformation of a contract. The Florida Supreme Court affirmed, holding that the doctrine of election of remedies does not bar an equity suit for reformation where the plainti
• The Kan. State Bank IN Holton v. The Citizens Bank OF Windsor
  737 F.2d 1490· 8th Cir.· 1984-06-29 ·cited 69×
  A loan participation certificate is not a security under federal or Missouri securities laws, but a fraud claim based on misrepresentations regarding collateral priority can be sustained.
• Taylor v. Burlington N. R.R. Co.
  787 F.2d 1309· 9th Cir.· 1986-04-18 ·cited 68×
  The court held that the trial court erred in refusing to instruct the jury on comparative negligence, requiring a new trial. However, other evidentiary and instructional rulings were affirmed.
• Consol. Express, Inc. v. NEW York Shipping Ass'n, Inc.
  602 F.2d 494· 3d Cir.· 1979-04-16 ·cited 68×
  The court should not apply a per se antitrust approach if the labor exemption is found inapplicable; a rule of reason inquiry is appropriate.
• Est. Counseling Serv., Inc. v. Merrill Lynch
  303 F.2d 527· 10th Cir.· 1962-04-09 ·cited 66×
  A demand for rescission, coupled with refusal to meet margin calls, constitutes an election of remedies under Utah law, precluding a subsequent action for damages, and failure to demonstrate actual damages is fatal to both fraud and securities claims.
• Stenor, Inc. v. Lester
  58 So.2d 673· Fla.· 1951-12-11 ·cited 65×
  The Supreme Court of Florida addressed whether a $11,200 security deposit in a hotel lease was a penalty or liquidated damages. The court held the deposit was a penalty because it was disproportionate to potential damages and the lease allowed the lessor to retain it for any brea
• Klondike, Inc. v. Blair
  211 So. 2d 41· Fla. 4th DCA· 1968-06-03 ·cited 62×
  A mortgagee that obtained a judgment on a promissory note sought to foreclose on the mortgage securing that note. The trial court dismissed the foreclosure action under the election of remedies doctrine, holding that suing on the note barred foreclosure. The appellate court rever
• Weeke v. Reeve
  65 Fla. 374· Fla.· 1913-04-15 ·cited 61×
  Weeke sued to rescind a land conveyance based on fraudulent misrepresentations by Reeve, but the lower court dismissed because Weeke had previously brought a separate damages action against Reeve for the same fraud, which resulted in a final judgment for Reeve. The Florida Suprem
• Coy R. Grogan and John Henson v. Garner
  806 F.2d 829· 8th Cir.· 1986-12-08 ·cited 58×
  The court held that plaintiffs had standing to bring an individual action for fraud and breach of fiduciary duty based on direct harm, and that they were entitled to the maximum recoverable damages under any single theory, not requiring an election of remedies.
• Lambert v. Conrad
  536 F.2d 1183· 7th Cir.· 1976-06-24 ·cited 58×
  The court held that the plaintiff's current civil rights action for damages was barred by res judicata due to the dismissal of a prior similar action for injunctive relief.
• Fid. & Cas. Co. of N.Y. v. Bedingfield
  60 So.2d 489· Fla.· 1952-08-05 ·cited 58×
  The Florida Supreme Court denied a petition for certiorari, upholding a lower court's decision that a workers' compensation insurer, despite paying benefits, could not intervene as a party plaintiff in an injured employee's personal injury lawsuit against a third-party tortfeasor
• State Farm Fire & Cas. Co. & Richard Nerndt v. Middleton
  648 So. 2d 1200· Fla. 3d DCA· 1995-01-04 ·cited 57×
  State Farm and insured homeowners disputed the extent of Hurricane Andrew damages to a home insured for $93,300. The court held that an appraisal clause in the insurance policy binds the parties to arbitration to determine the actual loss amount, even though the loss may exceed t
• United States Steel Corp. v. United Mine Workers OF Am.
  456 F.2d 483· 3d Cir.· 1972-02-03 ·cited 57×
  The court held that recovery of attorneys' fees and expenses incurred due to an improvidently issued injunction is limited to the amount of the injunction bond when pursued in the same proceeding.
• United States Gypsum Co. v. Columbia Cas. Co.
  124 Fla. 633· Fla.· 1936-06-10 ·cited 56×
  United States Gypsum Company sued Columbia Casualty Company on a construction surety bond. After the Florida Supreme Court reversed an initial judgment dismissing the complaint and held the declaration sufficient to state a cause of action, the circuit court invoked res judicata
• Eaton v. Hopkins
  71 Fla. 615· Fla.· 1916-05-18 ·cited 56×
  Administrators of William M. Girardeau's estate appealed a judgment for breach of warranty deed covenant brought by prior grantees who lost their interest when Girardeau conveyed the same land to a bona fide purchaser. The Florida Supreme Court reversed, holding that plaintiffs c
• Matthews v. Olive M. Matthews
  133 So. 2d 91· Fla. 2d DCA· 1961-08-02 ·cited 54×
  Gerald Matthews appealed from a summary judgment dismissing his common law action against his sister Olive Matthews for fraud and quantum meruit after his prior equity suit based on the same facts was dismissed. The court reversed, holding that res judicata and election of remedi
• Murray Rosenthal and Joseph Rosenthal v. Scott
  150 So. 2d 433· Fla.· 1961-12-06 ·cited 53×
  The Florida Supreme Court reversed the District Court of Appeal's decision that Scott did not split a single cause of action by separately pursuing property damage (through his insurer's assignment) and personal injury claims against the Rosenthals. The Court held that a single t
• MacOla v. Gov't Emps. Ins. Co.
  953 So. 2d 451· Fla.· 2006-10-26 ·cited 52×
  The Florida Supreme Court held that an insurer's tender of policy limits in response to a civil remedy notice filed under Florida Statute § 624.155, after a lawsuit is initiated but before an excess judgment is entered, does not preclude a common law third-party bad faith action.
• Sims v. Clarendon Nat'l Ins.
  336 F. Supp. 2d 1311· S.D. Fla.· 2004-09-22 ·cited 52×
  The court held that the Federal Arbitration Act governs the insurance policy's arbitration clause, preempting contrary Florida law, and that the plaintiff failed to demonstrate the arbitration agreement was unconscionable.
• Ramsey Alexander and Robert F. Newman v. Aero Lodge NO. 735, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  565 F.2d 1364· 6th Cir.· 1977-11-01 ·cited 52×
  The court held that while individual discrimination claims could be affirmed, class-wide findings of discrimination and the resulting injunctive relief were improper and vacated. The court also affirmed the dismissal of one individual claim while reversing another.
• Isabella Sellers v. Morton Wollman
  510 F.2d 119· 5th Cir.· 1975-03-24 ·cited 52×
  The court held that the absence of findings of fact and conclusions of law requires vacation and remand, and that rescission under Sec. 1635 and damages under Sec. 1640 are not mutually exclusive remedies under the Truth-in-Lending Act.
• Gunther v. Iowa State Men's Reformatory & Victor Preisser
  612 F.2d 1079· 8th Cir.· 1980-01-11 ·cited 50×
  The court held that prior state court proceedings do not bar a subsequent federal Title VII action, and that the Iowa State Men's Reformatory failed to establish a bona fide occupational qualification (BFOQ) for its sex-based classification of Correctional Officer II.
• HERTZ Corp. v. Piccolo
  453 So. 2d 12· Fla.· 1984-04-05 ·cited 49×
  The Florida Supreme Court held that Louisiana's direct action statute, which permits injured parties to sue an insurer directly without joining the tortfeasor, is substantive law that applies in Florida courts. The Court rejected Hertz's argument that joinder of the tortfeasor is