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

• Mitchell v. Edge
  598 So. 2d 125· Fla. 2d DCA· 1992-04-17 ·cited 6×
  Homeowners appealed summary judgment dismissing their claims against a contractor's officers after previously obtaining a judgment against the contractor itself. The court reversed as to one officer (Edge) because the earlier judgment against the contractor company had not been s
• Vinieratos v. United States
  939 F.2d 762· 9th Cir.· 1991-07-23 ·cited 6×
  The dissenting judge believes the EEO complaints were not 'mixed case complaints' and that the complainant exhausted administrative remedies, thus the district court should not have dismissed for lack of jurisdiction.
• Nicklos Drilling Co. & Compass Ins. Co. v. Cowart
  927 F.2d 828· 5th Cir.· 1991-03-29 ·cited 6×
  The court held that section 33 of the LHWCA requires prior written approval for settlements with third parties regardless of whether the employer or its carrier is actively paying LHWCA benefits at the time of settlement.
• Haphey v. Linn Cnty.
  924 F.2d 1512· 9th Cir.· 1991-02-05 ·cited 6×
  A plaintiff who obtains substantial relief in an administrative proceeding that considers the facts underlying a constitutional claim is barred by the doctrine of election of remedies from pursuing a subsequent section 1983 action for damages in federal court.
• Heller v. Plave
  743 F. Supp. 1553· S.D. Fla.· 1990-07-18 ·cited 6×
  The court held that IRS agents are not entitled to absolute immunity for investigative actions and that the prior finding of witness perjury is dispositive, while denying summary judgment on qualified immunity due to disputed facts regarding the violation of clearly established l
• Ivey Hugh Rutherford v. Exxon Co.
  855 F.2d 1141· 5th Cir.· 1988-09-28 ·cited 6×
  The court held that the plaintiffs' fraud-based claims were time-barred under Texas law because they accrued more than two years before the suit was filed, and the court found no fiduciary duty existed to toll the statute of limitations.
• Design Time, Inc. v. Monco OF Orlando, Inc.
  518 So. 2d 454· Fla. 5th DCA· 1988-01-14 ·cited 6×
  Design Time refused to accept delivery of a laminator it agreed to purchase from Monco, which then sold the machine to another buyer. The trial court awarded Monco the full contract price minus the deposit plus interest, but the appellate court reversed, holding that Monco electe
• Total Petroleum, Inc. v. Davis
  822 F.2d 734· 8th Cir.· 1987-06-25 ·cited 6×
  The court held that Davis was equitably estopped from denying the truth of his prior factual allegations to reduce his liability, and that Total was entitled to a set-off of the full amount owed for petroleum products received after September 21, 1981. The court also affirmed the
• Vega-Velez v. United States
  800 F.2d 288· 1st Cir.· 1986-09-10 ·cited 6×
  The court held that the Federal Tort Claims Act claim was time-barred because the cause of action accrued at the time of injury, and state tolling rules do not apply to federal statutes of limitations.
• Lear v. The Equitable Life Assurance Soc'y OF the United States
  798 F.2d 1128· 8th Cir.· 1986-08-08 ·cited 6×
  The court held that the agent, David, only had express authority to collect the first premium check, and thus the principal, Equitable, was not liable for subsequent misrepresentations. The court also found that the statute of limitations issue should have been submitted to the j
• Allstate Ins. Co. v. James
  779 F.2d 1536· 11th Cir.· 1986-01-14 ·cited 6×
  The court held that the district court erred in dismissing the mortgagees' foreclosure claims and improperly elected remedies for them, as they should be allowed to pursue foreclosure if they choose.
• McDONALD v. Johnson & Johnson
  776 F.2d 767· 8th Cir.· 1985-11-06 ·cited 6×
  The collection of a breach of contract judgment does not preclude a separate action for fraud in the inducement of the same contract.
• Ferraro v. Marr
  467 So. 2d 809· Fla. 2d DCA· 1985-04-24 ·cited 6×
  A fellow employee injured in a workplace accident sued his coworker for negligence and recovered a jury verdict, but the defendant appeals claiming coemployee immunity under Florida's Workers' Compensation Act. The court reverses and remands to determine whether the plaintiff's p
• Havoco OF Am., Ltd. v. Hilco, Inc.
  731 F.2d 1282· 7th Cir.· 1984-04-13 ·cited 6×
  The court held that a party does not necessarily waive its fraud claim by suing for breach of contract and accepting a settlement, especially when the contract was substantially performed and the settlement expressly reserved other claims.
• Burk v. Emmick
  637 F.2d 1172· 8th Cir.· 1980-11-13 ·cited 6×
  A cash seller who reclaims goods sold to a breaching buyer is not barred from seeking a deficiency judgment, and the ten-day reclamation limit from § 2-702 does not apply to cash sales.
• Fuller v. Fasig-Tipton Co.
  587 F.2d 103· 2d Cir.· 1978-11-09 ·cited 6×
  A third party dealing with an agent for a disclosed principal cannot set off the agent's personal indebtedness against amounts due to the principal unless there is an agreement authorizing such a setoff, and a principal's subsequent loan to the agent does not constitute ratificat
• Co-Build Cos., Inc. v. Virgin Islands Refinery Corp. Appeal of Latimer & Buck, Inc.
  570 F.2d 492· 3d Cir.· 1978-02-13 ·cited 6×
  A liquidated damages provision in a real estate sales contract is enforceable if the amount is a reasonable forecast of harm and the harm is difficult to estimate, limiting the seller's recovery to the deposit amount unless extraordinary circumstances exist or the contract specif
• Sumners v. Cont'l Copper & Steel Indus., Inc.
  445 F.2d 141· 10th Cir.· 1971-07-12 ·cited 6×
  The court held that the defendant corporation had sufficient business contacts within Oklahoma to establish personal jurisdiction under the state's long-arm statute.
• Friedman v. Golden Arrow Films, Inc.
  442 F.2d 1099· 2d Cir.· 1971-04-29 ·cited 6×
  The court held that the fraud claim was unsupported by evidence, but the breach of contract claim could proceed, remanding for further findings on substantial performance and damages, and ordering a partnership accounting.
• Great Am. Ins. Co. v. Merchs. & Mfrs. Mut. Ins. Co.
  423 F.2d 1143· 6th Cir.· 1970-04-09 ·cited 6×
  The court held that a land contract, without title transfer, does not constitute a "change of ownership" requiring notice to the insurer, and that obtaining additional insurance on different interests does not constitute an "increase of hazard."
• Boston & Me. Corp. v. Ill. Cent. R.R. Co.
  396 F.2d 425· 2d Cir.· 1968-05-31 ·cited 6×
  The court held that a party who submits a controversy to arbitration, including claims of waiver, is bound by the arbitrators' decision, even if the arbitrators may have erred in considering legal aspects.
• Shea v. Tex. Emp'rs' Ins. Ass'n
  383 F.2d 16· 5th Cir.· 1967-08-29 ·cited 6×
  The court held that once a state court determined an injury was compensable under state law, the claim was no longer covered by the Longshoremen's and Harbor Workers' Compensation Act, even if it fell within the 'maritime twilight zone'.
• Flying Tiger Lines v. Landy
  370 F.2d 46· 9th Cir.· 1966-11-14 ·cited 6×
  The court held that the "twilight zone" concept does not apply to the Defense Base Act, and that appellants should receive credit for the full value of the state award paid, not just the discounted lump sum amount.
• Seaboard Sur. Co. v. United States for Use & Benefit of C.D.G., Inc.
  355 F.2d 139· 9th Cir.· 1966-01-17 ·cited 6×
  The court held that a subcontractor wrongfully terminated can elect to sue for the reasonable value of work performed, and that pre-judgment interest is only proper on damages that are certain or capable of being made certain by calculation.
• Gentry v. Jett
  273 F.2d 388· 8th Cir.· 1960-01-12 ·cited 6×
  A plaintiff who obtains a judgment against one joint tortfeasor and receives satisfaction cannot bring a second action against another joint tortfeasor for the same injury, as this constitutes an impermissible splitting of a single cause of action under Oklahoma law.
• In re Est. of Joseph Edward Pellicer
  118 So. 2d 59· Fla. 1st DCA· 1960-01-12 ·cited 6×
  A beneficiary under a will sought to contest the will's validity, but the trial court dismissed his petition for failure to allege that he had renounced or divested himself of his beneficial interest under the will. The appellate court affirmed, holding that a beneficiary must fi
• Youseph Abdallah Muhamad Kahook v. Johnson
  273 F.2d 413· 5th Cir.· 1960-01-11 ·cited 6×
  The court held that an alien's request for exemption from military service, even if based on a mistaken belief about his country's neutrality, irrevocably debars him from citizenship under the statute. The court also found that the alien's inability to read English did not render
• Authorized Supply Co. OF Ariz. v. Swift & Co.
  271 F.2d 242· 9th Cir.· 1959-10-12 ·cited 6×
  Under Arizona law, a buyer who returns defective goods and accepts replacement waives the right to sue for damages for breach of warranty, as the remedies are mutually exclusive.
• Eads Hide & Wool Co. v. Merrill
  252 F.2d 80· 10th Cir.· 1958-01-22 ·cited 6×
  The court held that the appellant was judicially estopped from asserting its claim because it had previously taken an inconsistent position in bankruptcy proceedings by participating as a general creditor of the individual bankrupt, thereby prejudicing other creditors.
• Telex, Inc. v. Schaefer
  233 F.2d 259· 8th Cir.· 1956-04-19 ·cited 6×
  The court held that the jury's finding of timely rescission for fraud was supported by the evidence, and that the appellant's defenses were either waived or submitted to the jury as questions of fact.
• Lake v. NEW York Life Ins. Co.
  218 F.2d 394· 4th Cir.· 1955-01-05 ·cited 6×
  The court held that the trustee is entitled to the cash surrender value of the insurance policies as of the petition filing date, and that the protections for post-bankruptcy transactions under § 70, sub. d do not apply to the loans made to the bankrupt after the receiver took po
• Moon v. Price
  213 F.2d 794· 5th Cir.· 1954-05-31 ·cited 6×
  The court held that a judgment against the United States under the Federal Tort Claims Act is a complete bar to an action against the government employee whose act or omission gave rise to the claim, but that satisfaction of either judgment will constitute a complete satisfaction
• Christensen v. United States
  194 F.2d 978· 2d Cir.· 1952-02-06 ·cited 6×
  The court held that payment into the special fund under the Longshoremen's and Harbor Workers' Compensation Act operates as a complete assignment of the right of action to the employer, precluding the legal representative from suing.
• Cook v. Commercial Cas. Ins. Co.
  160 F.2d 490· 4th Cir.· 1947-03-06 ·cited 6×
  The court held that the administratrix was not estopped from claiming the insurance money as her own due to a mistake, and the assignment was valid.
• ELY v. Wickham
  158 F.2d 233· 10th Cir.· 1946-11-20 ·cited 6×
  The court held that the lessor, having elected to pursue a remedy of liquidated damages (cash rent) after the lessee's breach, could not later seek actual damages. The provision for $4 per acre cash rent was a valid liquidated damages clause.
• Spann v. Compania Mexicana Radiodifusora Fronteriza
  131 F.2d 609· 5th Cir.· 1942-12-07 ·cited 6×
  The court held that a party who invokes a foreign court's jurisdiction and law cannot later challenge a judgment rendered under that law as contrary to public policy, especially when the costs awarded would have been favorable to them had they prevailed.
• In re Marine Harbor Props., Inc.
  125 F.2d 296· 2d Cir.· 1942-01-10 ·cited 6×
  A debtor who has assented to a state court reorganization plan cannot file a federal Chapter X petition while the state proceedings are pending, as this constitutes a lack of good faith.
• Albert v. Martin Custom Made Tires Corp.
  116 F.2d 962· 2d Cir.· 1941-01-13 ·cited 6×
  The court held that a mistake as to the validity of a security interest can excuse a creditor's mistaken affirmation of a transaction, and that a motion to conform a lower court order to a mandate does not necessarily preclude rescission.
• Cent. Farmers Tr. Co. v. McCampbell Furniture Stores, Inc.
  128 Fla. 60· Fla.· 1937-04-19 ·cited 6×
  In this second appeal, the Florida Supreme Court reconsidered a dispute over chattel mortgage rights involving furniture transactions. The court held that when McCampbell Furniture Stores filed suit to enforce promissory notes against Palm Beach Securities Corporation, it elected
• Malsby v. Gamble
  63 Fla. 508· Fla.· 1912-01-01 ·cited 6×
  Malsby sought to enjoin enforcement of a judgment obtained by Gamble in a failed replevin action, seeking to set off unpaid promissory notes for the purchase price of machinery against Gamble's judgment. The Florida Supreme Court reversed the circuit court's denial of injunctive
• Mizell Live Stock Co. v. J. J. McCaskill Co.
  62 Fla. 239· Fla.· 1911-06-01 ·cited 6×
  The Florida Supreme Court reversed a lower court's decision that barred a replevin action based on a prior foreclosure suit. The court found that the foreclosure suit, filed after the replevin action, did not constitute an election of remedies that would prevent the replevin suit
• R. F. Hays and Others v. Weeks
  57 Fla. 73· Fla.· 1909-01-01 ·cited 6×
  Hays was sued on a promissory note and lost at trial. He appealed, arguing that his earlier unsuccessful replevin action should bar this suit and that the trial court erred in entering default judgment despite his first plea remaining on record. The Florida Supreme Court reversed
• Robinson W. Cator v. Blount
  41 Fla. 138· Fla.· 1899-01-01 ·cited 6×
  In this garnishment case, the Florida Supreme Court held that a debtor cannot claim an exemption for property purchased on credit when the creditor suing is the seller of that property, despite the debtor's general assignment excluding the property as exempt. The court rejected t
• Anderson v. Helen Ellis Mem'l Hosp. Found., Inc.
  66 So. 3d 1095· Fla. 2d DCA· 2011-08-19 ·cited 5×
  The Florida Court of Appeal addressed whether parents of a child injured at birth must wait for the administrative determination of available compensation benefits before they can elect to reject those benefits and pursue a civil action against the hospital. The court held that t
• Houlihan Lokey Howard & Zukin Cap., Inc. v. Protective Grp., Inc.
  506 F. Supp. 2d 1230· S.D. Fla.· 2007-03-16 ·cited 5×
  The court held that the agreement's 'tail' provision did not entitle the plaintiff to a transaction fee because the agreement expired by its own terms, rather than being terminated by the defendant. The court also found the unjust enrichment claim was not precluded by the agreeme
• Carran v. Morgan
  510 F. Supp. 2d 1053· S.D. Fla.· 2007-02-26 ·cited 5×
  The court denied most of the defendant's motions to dismiss, finding claims adequately pleaded and jurisdiction proper, but dismissed one count with leave to amend and referred the lis pendens issue for an evidentiary hearing.
• GMGRSST, Ltd. v. Menotte (In Re Air Safety Int'l
  336 B.R. 843· S.D. Fla.· 2005-12-02 ·cited 5×
  The court held that an administratively dissolved company can receive surplus bankruptcy funds, but affirmed the bankruptcy court's approval of a stipulation that re-allocated those funds, deeming the stipulation an enforceable subordination agreement.
• Hallandale Professional Firefighters v. City OF Hallandale
  777 So. 2d 435· Fla. 4th DCA· 2001-01-17 ·cited 5×
  A firefighters union appealed a summary judgment barring it from pursuing arbitration after electing to pursue an unfair labor practice charge with PERC regarding the same disciplinary grievance. The court affirmed, holding that Florida Statute § 447.401 precludes employees from
• Sunbank, N.A. v. Ret. Facility AT Palmaire, Ltd.
  698 So. 2d 392· Fla. 4th DCA· 1997-08-27 ·cited 5×
  Buyers of real property sued the seller for breach of contract and sought specific performance. The jury found for the buyers on the breach of contract claim, but the trial court granted the seller's motion for directed verdict on the specific performance claim. The appellate cou
• Jaye v. Royal Saxon, Inc.
  609 So. 2d 20· Fla.· 1992-10-29 ·cited 5×