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

• United States for Use & Benefit of E. Gulf, Inc. v. Metzger Towing, Inc.
  910 F.2d 775· 11th Cir.· 1990-09-06 ·cited 5×
  The court should have allowed recovery for standby time under the contract and the Miller Act, as the contract was ambiguous and standby time constitutes compensable labor or materials.
• Puckett v. Tenn. Eastman Co.
  889 F.2d 1481· 6th Cir.· 1989-11-07 ·cited 5×
  The court affirmed the dismissal of all claims, holding that the state law claim was time-barred due to an election of remedies, the Title VII claim was properly dismissed for failure to obtain a right-to-sue letter, and the RICO claim failed for lack of separate entities and an
• Tyler v. Shafatt Ahmed, M.D.
  813 F.2d 1114· 11th Cir.· 1987-04-03 ·cited 5×
  A patient who settles with her insurer for all injuries, including those from alleged medical malpractice, cannot subsequently sue her physicians for that malpractice because the right of action has transferred to the insurer via subrogation.
• ST. JOE Paper Co. v. Connell
  299 So. 2d 92· Fla. 1st DCA· 1974-08-13 ·cited 5×
  St. Joe Paper Company appeals a trial court order dismissing their adverse possession claim without color of title, but allowing them 15 days to amend and file a new claim for adverse possession under color of title. The appellate court reverses, holding that a plaintiff cannot a
• Armour & Co. v. Nard
  463 F.2d 8· 8th Cir.· 1972-06-07 ·cited 5×
  The court held that the trial court did not err in its rulings regarding commissions, costs, or the exclusion of evidence concerning oral agreements, and that the jury's findings were supported by the record.
• Geracy, Inc. v. Hoover
  133 F.2d 25· D.C. Cir.· 1942-12-14 ·cited 5×
  A party who elects to litigate a claim as a defense in a lower court, even if that court lacks jurisdiction for the full amount, is bound by the adverse judgment on that issue due to res judicata.
• The Allegro at Boynton Beach, LLC v. Pearson
  287 So. 3d 592· Fla. 4th DCA· 2019-11-27 ·cited 4×
  The seller satisfied the delivery requirement of the ROFR by providing Allegro with a copy of the Olson Contract through document production in discovery and as an exhibit to a pleading, and the manner and timing of delivery during litigation are immaterial so long as Allegro rec
• James J. Forbes & FAY Annette Forbes v. Prime Gen. Contractors, Inc.
  255 So. 3d 448· Fla. 2d DCA· 2018-09-07 ·cited 4×
  When a nonbreaching party to a contract elects to treat a material breach as total, it may recover damages that restore it to the position it occupied immediately before contracting, and the doctrine of avoidable consequences does not apply where the claimant could not have avoid
• Desantis v. Vecellio
  Fla. 4th DCA· 2018-03-21 ·cited 4×
  Buyers of an oceanfront Palm Beach residence sued the sellers, developer, general contractor, and subcontractors for construction defects including mold and water damage. After settling with most subcontractors for $2.725 million and obtaining additional damages from the sellers
• Morales v. Zenith Ins. Co.
  152 So. 3d 557· Fla.· 2014-12-04 ·cited 4×
  The Florida Supreme Court answered three certified questions regarding whether an employee's estate could recover a tort judgment against an employer's liability insurer. The Court held that while the estate has standing to sue the insurer, both the workers' compensation exclusio
• Bari Builders, Inc. v. Hovstone Props. Fla., LLC
  155 So. 3d 1160· Fla. 4th DCA· 2014-08-06 ·cited 4×
  The court held that the jury waiver language in a subcontract does not render an arbitration provision ambiguous when both provisions can be read in a complementary fashion, and thus the arbitration provision is enforceable.
• Coca-Cola Enters., Inc. v. Aquilino J. Montiel & Kash N' Karry Food Stores, Inc.
  985 So. 2d 19· Fla. 2d DCA· 2008-05-14 ·cited 4×
  The appellate court reversed a trial court's denial of summary judgment, holding that an employer's payment of workers' compensation benefits, even if later denied, does not estop them from asserting the workers' compensation exclusivity defense against a subsequent negligence cl
• LPP Mortg. Ltd. v. Cacciamani
  924 So. 2d 930· Fla. 3d DCA· 2006-03-29 ·cited 4×
  LPP Mortgage appealed a summary judgment dismissing its guaranty claim against Cacciamani. The court reversed, holding that pursuit of foreclosure and a separate guaranty action are not inconsistent remedies, and LPP Mortgage could pursue the guaranty claim despite earlier repres
• Richard A. Gilbert Ad Litem of Michael McKaughan v. Fla. Birth-Related Neurological Injury Comp. Ass'n & Humana of Fla., Inc.
  724 So. 2d 688· Fla. 2d DCA· 1999-01-22 ·cited 4×
  Gilbert, as guardian ad litem for Michael McKaughan, appeals the dismissal of a petition for benefits under Florida's Birth-Related Neurological Injury Compensation Plan (NICA). The court reverses, holding that settlement of the underlying medical malpractice civil action does no
• Ben L. Chiang, M.D. v. Wildcat Groves, Inc.
  703 So. 2d 1083· Fla. 2d DCA· 1997-10-15 ·cited 4×
  Dr. Chiang sought contribution from his patient's former employer and workers' compensation carrier for a medical malpractice claim, arguing they breached duties of care by providing inadequate home health services and abruptly terminating benefits. The court reversed the trial c
• Florraine W. Kelsey v. Pewthers
  685 So. 2d 953· Fla. 4th DCA· 1996-12-26 ·cited 4×
  Florraine Kelsey appeals a judgment awarding her nephew Troy Pewthers and his wife Martha $242,000 in damages for breach of a contract to make a will, under which the Pewthers agreed to care for Kelsey in exchange for inheriting her estate. The court reverses the damages award, h
• Proctor & Gamble Cellulose Co. v. Mann
  667 So. 2d 338· Fla. 1st DCA· 1995-10-24 ·cited 4×
  P&G appealed denial of summary judgment seeking workers' compensation immunity from a suit by an employee of its independent contractor. The court held that an owner cannot obtain immunity under Florida's workers' compensation statute merely by paying insurance premiums for a con
• Demetree v. Stramondo
  621 So. 2d 740· Fla. 5th DCA· 1993-06-25 ·cited 4×
• Manning v. Lunda Constr. Co.
  953 F.2d 1090· 8th Cir.· 1992-01-10 ·cited 4×
  The court held that the election of remedies doctrine did not bar the plaintiff's tort action and that the jury instructions and closing arguments were not grounds for reversal.
• Gen. Elec. Cap. Corp. v. Se. Health Care, Inc.
  950 F.2d 944· 5th Cir.· 1991-12-27 ·cited 4×
  The court held that the Louisiana renotification rule, developed for leases of immovable property, does not apply to leases of movable property, and partial compliance with a notice of default does not necessarily vitiate the notice or require renotification.
• Christopherson v. Deere & Co.
  941 F.2d 692· 8th Cir.· 1991-08-12 ·cited 4×
  The court held that Iowa law requires joint and several liability for defendants found fifty percent or more at fault, even when other parties are also at fault.
• Blount v. Dino's Fontana DI Trevi, Inc.
  583 So. 2d 380· Fla. 3d DCA· 1991-07-23 ·cited 4×
  A landlord appeals from a judgment denying recovery for breach of a restaurant lease and personal guaranty. The trial court had initially ruled for the landlord but reversed itself on a motion for rehearing, finding the landlord had elected her remedy by suing to recover a liquor
• August Urbanek and Sidney Kohl v. The 18TH Hole AT Inverrary Condo. Ass'n, Inc.
  582 So. 2d 154· Fla. 4th DCA· 1991-07-10 ·cited 4×
  The court affirmed the trial court's grant of summary judgment for the appellees in a malicious prosecution action, relying on prior precedent.
• Jaye v. Royal Saxon, Inc.
  573 So. 2d 425· Fla. 4th DCA· 1991-01-30 ·cited 4×
  In this malicious prosecution appeal, the Fourth District affirmed summary judgment for the defendant, holding that a plaintiff who successfully taxed costs and fees in the underlying action is barred from bringing a subsequent malicious prosecution claim based on those same loss
• Browning v. Dep't of Bus. Reg.
  574 So. 2d 188· Fla. 1st DCA· 1991-01-18 ·cited 4×
  This case addresses whether the Division of Florida Land Sales, Condominiums and Mobile Homes has statutory authority to enforce private rescission agreements on behalf of lot purchasers through contempt proceedings. The court held that while the Division can require a developer
• The Neiman-Marcus Grp., Inc. v. Dworkin
  919 F.2d 368· 5th Cir.· 1990-12-19 ·cited 4×
  The court held that the employer's acceptance of benefits did not estop the employee from claiming wrongful discharge, and that sufficient evidence supported the jury's damages award.
• Marlin Myers v. Dep't OF Ins.
  561 So. 2d 1289· Fla. 1st DCA· 1990-05-24 ·cited 4×
  A career service employee of the Department of Insurance challenged the denial of his petition for an administrative hearing regarding a critical memorandum placed in his personnel file. The court reversed the denial, holding that the employee stated sufficient grounds for a hear
• Alvarez v. Puleo
  561 So. 2d 437· Fla. 2d DCA· 1990-05-16 ·cited 4×
  The Alvarezes appealed a trial court's dismissal of their complaint based on its requirement that they elect between two inconsistent remedies before trial began. The Florida Second District Court of Appeal reversed, holding that election of remedies need only occur before judgme
• Cherri J. Greene v. Maharaja OF India, Inc.
  558 So. 2d 461· Fla. 1st DCA· 1990-03-07 ·cited 4×
  Greene, a quadriplegic injured in a work-related car accident, appealed a workers' compensation order awarding her $75,000 in attorney's fees after successfully defeating the employer/carrier's denial of coverage. The court affirmed the fee award and denial of interest on withhel
• Arca Airlines Ltda. v. United States Customs Serv.
  726 F. Supp. 827· S.D. Fla.· 1989-10-10 ·cited 4×
  The court held that customs' penalty assessment and mitigation decisions are not subject to judicial review on the merits, and that the airline's procedural due process claims failed because it received adequate notice and was not prejudiced by any technical error.
• Diamond v. Whaley, Chapman & Hannah, M.D.'s, P.A.
  550 So. 2d 54· Fla. 2d DCA· 1989-08-30 ·cited 4×
  A personal representative of a deceased medical malpractice plaintiff sought common law certiorari to challenge a pretrial order requiring him to try his survival and wrongful death claims sequentially rather than simultaneously. The court denied the writ, holding that the trial
• VAN DER Noord v. Katz
  526 So. 2d 940· Fla. 5th DCA· 1988-05-12 ·cited 4×
  When a buyer repudiates and rescinds a contract rather than affirming it to seek damages, the rescission extinguishes all contractual remedies, including the right to recover attorney's fees under a fee-shifting provision, because rescission annihilates the contract as if it neve
• James S. Starkey and wife v. Okaloosa Cnty.
  512 So. 2d 1040· Fla. 1st DCA· 1987-09-08 ·cited 4×
  Property owners challenged Okaloosa County's rezoning ordinances that reclassified their parcels to single-family residential (RUS) zoning. The court affirmed the ordinances, holding that substantial changes in neighborhood development since the original 1974 zoning justified the
• Pathman Constr. Co., Inc. v. The United States
  817 F.2d 1573· Fed. Cir.· 1987-05-04 ·cited 4×
  The twelve-month period for filing suit in the Claims Court under the Contract Disputes Act does not begin to run until the contracting officer renders an actual written decision on the contractor's claim.
• Wilsmann v. Upjohn Co. & Upjohn Health Care Servs., Inc.
  775 F.2d 713· 6th Cir.· 1985-10-24 ·cited 4×
  The court held that the plaintiff's claim of promissory fraud in connection with the sale of his stock was cognizable under federal securities laws, but reversed the jury verdict due to insufficient evidence and conflicting testimony.
• ST. Regis Paper Company/Southern Culvert Operations v. Quality Pipeline, Inc.
  469 So. 2d 820· Fla. 2d DCA· 1985-04-24 ·cited 4×
  St. Regis obtained a judgment against subcontractor Quality Pipeline for breach of contract and sought to enforce it by garnishing payments Quality was receiving under a bankruptcy reorganization plan confirmed by the debtor Sunshine Meadows. The court held that St. Regis's contr
• Wolfe v. Chrysler Corp.
  734 F.2d 701· 11th Cir.· 1984-06-18 ·cited 4×
  The district court erred in granting summary judgment because the plaintiff presented a prima facie case of fraud, and issues of reliance, damages, and the definition of a 'new' vehicle require jury determination.
• Schumann v. Levi
  728 F.2d 1141· 8th Cir.· 1984-03-02 ·cited 4×
  The court held that the magistrate properly awarded the contract price for goods identified to the contract under the UCC, but erred in calculating prejudgment and postjudgment interest.
• Hume v. Betty and Eugene Thomason
  440 So. 2d 441· Fla. 1st DCA· 1983-10-21 ·cited 4×
  An employee who elects to pursue a civil action for damages against an uninsured employer, and obtains a final judgment, is precluded from thereafter pursuing a workers' compensation claim for the same injury.
• Lance v. Wade
  424 So. 2d 161· Fla. 3d DCA· 1983-01-04 ·cited 4×·via Choice Of Remedies
  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
• ST. JOE Paper Co. & Theodore B. Gould v. Metro. Dade Cnty.
  418 So. 2d 1013· Fla. 3d DCA· 1982-05-25 ·cited 4×
  St. Joe Paper Company and Theodore Gould challenged Dade County's increased ad valorem tax assessments on three downtown Miami parcels. After their untimely petition to the Property Appraisal Adjustment Board was rejected, they sued in circuit court, but the county obtained summa
• Boalt v. City Comm'rs
  408 So. 2d 1080· Fla. 3d DCA· 1982-01-19 ·cited 4×
  Boalt sought a trial de novo to review the City Commission's denial of his zoning variance application. The court held that the City of Miami's Ordinance No. 8198, by providing recourse "as provided by the laws of Florida," effectively adopted the statutory review procedures of S
• Winfield v. First NEW Haven Nat'l Bank
  392 So. 2d 957· Fla. 4th DCA· 1980-12-31 ·cited 4×
  First New Haven National Bank sued to recover on a default retail installment sales contract for an aircraft. The bank obtained a summary final judgment against appellant Winfield, who had personally guaranteed the debt. Appellant appealed the denial of her Rule 1.540 motion for
• Brown v. Glabvo Dredging Contractors
  386 So. 2d 53· Fla. 2d DCA· 1980-07-23 ·cited 4×
  Sarah Brown appealed a summary judgment denying her claim for contractual workmen's compensation benefits after her husband's death while working as a seaman. The court affirmed, holding that recovery under the Jones Act precluded duplicate recovery of workmen's compensation bene
• Gordon v. Corporate Ins. Servs., Inc.
  374 So. 2d 603· Fla. 3d DCA· 1979-08-14 ·cited 4×
  Lawrence Gordon appeals a judgment on his personal guaranty of a promissory note executed by his corporation to reimburse an insurance company for unpaid workmen's compensation insurance premiums. The court upheld the guaranty, holding that the insurance company's payment of the
• Ivian M. Freeman v. Norfolk & W. Ry. Co.
  596 F.2d 1205· 4th Cir.· 1979-05-03 ·cited 4×
  Acceptance of benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) does not constitute a binding election of remedies barring a subsequent Federal Employers' Liability Act (FELA) claim when benefits are offset.
• Wolder v. Clare J. Rahm
  549 F.2d 543· 8th Cir.· 1977-02-09 ·cited 4×
  The court held that the plaintiff's federal civil rights action was barred by the Iowa statute of limitations for claims against a decedent's estate, despite not being barred by the doctrine of election of remedies.
• E. H. Boly & SON, Inc. v. Schneider
  525 F.2d 20· 9th Cir.· 1975-10-23 ·cited 4×
  The court held that the award of restitution for the $30,000 contributed by the plaintiff was proper, but interest should accrue from the date of contract termination, not execution.
• Pattison v. Reid
  303 So. 2d 40· Fla. 3d DCA· 1974-11-12 ·cited 4×
  A real estate purchaser appealed a judgment denying specific performance of a contract for the sale of property and granting cancellation of the deposit. The court affirmed, finding that the purchaser waited too long to elect whether to accept the property despite a defect in ing
• Airco, Inc. v. The United States
  504 F.2d 1133· Ct. Cl.· 1974-10-23 ·cited 4×
  The court held that the plaintiff's actions indicated they treated the contract as continuing, thus the convenience termination was valid, and they failed to exhaust administrative remedies by not appealing to the ASBCA.