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

• Ammerman v. Lou Miller
  488 F.2d 1285· D.C. Cir.· 1973-10-26 ·cited 4×
  The court held that Ammerman's obligation was a conditional guaranty, not an unconditional one, and that Miller was excused from tendering the collateral due to Ammerman's participation in the disposition of the security. The court also found that Miller's failure to record the c
• Arnold v. United States
  470 F.2d 243· 10th Cir.· 1972-12-06 ·cited 4×
  The court held that a subcontractor could recover the contract balance and extras, and that attorney fees and interest were properly awarded under state law in a Miller Act case.
• Sade v. N. Natural GAS Co.
  458 F.2d 210· 10th Cir.· 1972-03-30 ·cited 4×
  The Oklahoma Workmen's Compensation Law does not preclude a fraud action based on a release that foreclosed a common law remedy under Kansas law, even if the injured party received workers' compensation benefits in Oklahoma.
• Louis Cook Plumbing & Heating, Inc. v. Frank Briscoe Co., Inc.
  445 F.2d 1177· 10th Cir.· 1971-08-05 ·cited 4×
  The court held that the prior Miller Act judgment did not bar the current claims for negligence and breach of contract due to the distinct nature of the claims and the exclusion of evidence in the prior action.
• Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp.
  446 So. 2d 127· Fla. 4th DCA· 1970-07-01 ·cited 4×
  Blackhawk Heating & Plumbing Co. appealed a trial court judgment requiring it to pay Data Lease $2,757,267.78 for 217,500 shares of Miami National Bank stock that Data Lease had failed to transfer pursuant to a specific performance order. The appellate court reversed, holding tha
• United States v. Agnew
  423 F.2d 513· 9th Cir.· 1970-03-03 ·cited 4×
  The United States cannot be sued for affirmative relief on a counterclaim without its consent, and a buyer's possession of property without full payment does not vest title.
• Bernard J. Rumsch, M.D. v. DeVANEY
  218 So. 2d 238· Fla. 1st DCA· 1969-02-04 ·cited 4×
  A medical malpractice defendant, Dr. Bernard Rumsch, a nonresident of Florida, appealed an interlocutory order allowing additional time to effect constructive service under Florida's long-arm statute. The court reversed, holding that the statute does not apply to nonresidents eng
• Nat'l City Truck Rental Co. v. S. Mill Creek Prods. Co., Inc.
  213 So. 2d 261· Fla. 2d DCA· 1968-08-09 ·cited 4×
  National City Truck Rental appealed a lower court judgment that characterized its lease-purchase agreement as a conditional sale and barred it from recovering unpaid rental charges after repossessing vehicles. The Florida appellate court affirmed the conditional sale characteriza
• Gen. Motors Acceptance Corp. v. Blanche S. Hurst
  212 So. 2d 335· Fla. 1st DCA· 1968-07-09 ·cited 4×
  General Motors Acceptance Corporation appealed a judgment dismissing its deficiency action after repossessing a financed automobile. The court reversed, holding that the 1961 amendment to Florida's Motor Vehicle Sales Finance Act abrogated the common-law doctrine of election of r
• Jones v. Dickens
  394 F.2d 233· 10th Cir.· 1968-05-13 ·cited 4×
  The court held that purchasers waived title defects by their actions and that the initial down payment notes constituted enforceable liquidated damages, not penalties.
• Fed. Sav. & Loan Ins. Corp. v. Am. Nat'l Bank & Tr. Co. OF Chicago
  392 F.2d 906· 7th Cir.· 1968-03-07 ·cited 4×
  The court held that the Bank's sale of a defaulted loan to a savings and loan association, where the borrower was an officer and director of that association, was an illegal transaction in violation of Illinois statute, and the Bank's good faith did not immunize it from liability
• Straight v. James Talcott, Inc.
  329 F.2d 1· 10th Cir.· 1964-03-13 ·cited 4×
  A stipulation in a contract waiving defenses against an assignee is enforceable, and does not violate Oklahoma public policy or statutes.
• Slater v. Stoffel
  313 F.2d 175· 7th Cir.· 1963-02-08 ·cited 4×
  A federal court adjudicating a state-created right must apply state procedural rules, including estate claim filing requirements, even if it means dismissing the federal action.
• Rivers Body Factory, Inc. v. Lufkin Foundry & Mach. Co.
  146 So. 2d 774· Fla. 1st DCA· 1962-11-13 ·cited 4×
  A lienholder who takes possession and title to collateral in satisfaction of a debt cannot later seek a money judgment for that same debt.
• United States v. Paul L. Temple
  299 F.2d 30· 7th Cir.· 1962-02-16 ·cited 4×
  A prior judgment on promissory notes for defaulted loans bars a subsequent action under the False Claims Act for fraud in procuring those loans, as the government has a single cause of action and must elect its remedy.
• Gateway Co., Inc. v. Charlotte Theatres, Inc.
  297 F.2d 483· 1st Cir.· 1961-12-08 ·cited 4×
  The court held that a tenant cannot claim constructive eviction for a breach that has been cured before the claim is asserted, and that a modification to a contract requires clear assent.
• Summer v. Victor Chem. Works
  298 F.2d 66· 9th Cir.· 1961-11-30 ·cited 4×
  The court held that exposure to phosphorus fumes, as alleged, constitutes an occupational disease under Montana law, and the employer's failure to elect coverage under the Occupational Disease Act preserves the employee's common law right of action.
• Cecil Holland Ford, Inc. v. Jameson
  132 So. 2d 621· Fla. 3d DCA· 1961-08-31 ·cited 4×
  A seller who first sues for the purchase price of goods, thereby affirming the sale, cannot later pursue a remedy to retake possession of the goods upon default.
• Teichman v. Loffland Bros. Co.
  294 F.2d 175· 5th Cir.· 1961-08-16 ·cited 4×
  An unsuccessful Jones Act suit does not preclude a subsequent claim for compensation under the Longshoremen's and Harbor Workers' Compensation Act, nor does a jury finding on one specific injury estop a claim for a different injury.
• Russell v. Sarkeys
  286 F.2d 736· 5th Cir.· 1961-02-06 ·cited 4×
  A good faith purchaser at a judicial sale, whose purchased property is later determined to belong to a third party, is entitled to be subrogated to the rights of the judgment creditor against the judgment debtor.
• Sitlington v. Fulton
  281 F.2d 552· 10th Cir.· 1960-06-13 ·cited 4×
  The court held that the purchasers' actions constituted an election to continue performance, barring rescission, and that the trial court applied the wrong measure of damages for the sellers' delay in possession.
• Ross v. T. C. Bateson Constr. Co.
  270 F.2d 796· 5th Cir.· 1959-10-09 ·cited 4×
• United States v. Hougham
  270 F.2d 290· 9th Cir.· 1959-04-14 ·cited 4×
  The court held that the trial court correctly awarded liquidated damages under the Surplus Property Act and that the government's cross-appeal was without merit. The statute of limitations did not bar the action, and the trial court had discretion in awarding damages.
• The Denver & RIO Grande W. R.R. Co. a Corp. v. Ane D. Clint
  235 F.2d 445· 10th Cir.· 1956-06-29 ·cited 4×
  An amended complaint asserting a claim for compensatory damages relates back to the original filing date if it arises from the same conduct, transaction, or occurrence, even if the statute of limitations has run. A railroad owes a duty of reasonable care to a known trespasser, an
• Alden Hansen v. Safeway Stores
  238 F.2d 336· 9th Cir.· 1956-06-27 ·cited 4×
  A trial court cannot resolve disputed questions of fact regarding patent validity as a matter of law when a jury trial has been demanded.
• Goldman v. Gen. Mills, Inc.
  203 F.2d 439· 8th Cir.· 1953-04-20 ·cited 4×
  The court held that the prior tort action's judgment, which determined the tenant had no obligation for fire loss including rents, barred the current contract action for rents under the doctrine of res judicata.
• Canon v. United States
  188 F.2d 444· 9th Cir.· 1951-04-16 ·cited 4×
  The court held that the plaintiff presented prima facie evidence of the Commanding Officer's authority to admit her, and that the Federal Employees' Compensation Act was not an exclusive remedy barring her Tort Claims Act suit.
• Dinardo v. Consumers Power Co.
  181 F.2d 104· 6th Cir.· 1950-04-03 ·cited 4×
  The court held that accepting compensation benefits under the Michigan Workmen's Compensation Act, with full knowledge, constitutes an election that bars a subsequent common law action against a third party alleged to be negligent.
• Wham v. United States
  180 F.2d 38· D.C. Cir.· 1950-01-30 ·cited 4×
  A District of Columbia police officer injured by a federal employee's negligence can sue the United States under the Federal Tort Claims Act, even if a relief fund exists for officers.
• Webster v. Clodfelter
  130 F.2d 434· D.C. Cir.· 1942-06-30 ·cited 4×
  The court held that the Employee's Compensation Act does not create a new, independent cause of action for wrongful death that bypasses the one-year statute of limitations provided in the Wrongful Death Act.
• Loughman v. Town OF Pelham (Employers Liab. Assur. Corp.
  126 F.2d 714· 2d Cir.· 1942-03-09 ·cited 4×·via Choice Of Remedies
  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.
• Wagner Sign Serv., Inc. v. Midwest News Reel Theatres, Inc.
  119 F.2d 929· 7th Cir.· 1941-04-18 ·cited 4×
  A patentee who has obtained a decree for an accounting of profits and damages, with a supersedeas bond assuring payment, cannot enjoin a customer who is merely a user of the infringing device, as the bond provides assurance of compensation equivalent to actual payment.
• Gertrude All Douglass v. Tax Equities
  144 Fla. 791· Fla.· 1940-10-04 ·cited 4×
  Tax Equities, Inc. sought to foreclose a tax deed against the Douglasses in a second foreclosure action. The Florida Supreme Court reversed, holding that the tax deed holder's conduct in the prior foreclosure—treating the tax deed as a lien rather than a title transfer—estopped i
• The White Motor Co. v. Briles
  137 Fla. 268· Fla.· 1939-04-18 ·cited 4×
  White Motor Company sought to enforce guarantees executed by Briles Motor Company for conditional sales contracts. The Florida Supreme Court reversed the trial court's dismissal, holding that the guaranty's deficiency clause created an independent contract obligation separate fro
• Seaboard Air Line Ry. Co. v. Hartline
  84 Fla. 133· Fla.· 1922-07-13 ·cited 4×
  This case concerns whether a prior dismissed equity suit barred a subsequent ejectment action. The Florida Supreme Court held that the prior suit did not bar the ejectment action because the plaintiffs were not entitled to the remedy sought in the equity suit, thus no election of
• Vasquez v. Sorrells Grove Care, Inc.
  28 So. 3d 222· Fla. 2d DCA· 2010-02-26 ·cited 3×
  The court held that a factual dispute exists regarding whether the injured party was an employee of the defendant company, precluding summary judgment based on workers' compensation immunity.
• Sehringer v. Big Lots, Inc.
  532 F. Supp. 2d 1335· M.D. Fla.· 2007-10-03 ·cited 3×
  The court held that the defendant's operational control over its subsidiary established sufficient minimum contacts for personal jurisdiction and that service of process on the subsidiary was valid substitute service on the parent.
• The Dist. Bd. OF Trs. v. Morgan
  890 So. 2d 1155· Fla. 5th DCA· 2004-12-17 ·cited 3×
  The Fifth District Court of Appeal affirmed a judgment in favor of an architectural partnership that sued for payment despite failing to obtain a required certificate of authorization. The court held that contracts violating Florida's certificate of authorization requirement are
• Martin Elecs., Inc. v. Curtis and Annie Jones
  877 So. 2d 765· Fla. 1st DCA· 2004-06-18 ·cited 3×
  Martin Electronics appeals the denial of summary judgment in a tort suit brought by an injured employee and his wife. The employee had previously litigated and won workers' compensation benefits for the same workplace injury, claiming it was an industrial accident. The court reve
• Club & Cmty. Consulting Corp. v. Brown
  728 So. 2d 822· Fla. 4th DCA· 1999-03-24 ·cited 3×
  The court held that collateral estoppel barred the misrepresentation claim because the issue of whether the plaintiff was released from the lease was actually litigated and decided in a prior action.
• Noonan-Judson v. Surrency
  669 So. 2d 1058· Fla. 5th DCA· 1996-02-09 ·cited 3×
  The court held that the trial court erred in applying the doctrine of election of remedies and in not imposing a resulting trust, but correctly found the transaction was not usurious.
• Atl. Nat'l Bank v. Tworoger
  554 So. 2d 565· Fla. 4th DCA· 1989-12-13 ·cited 3×
  Atlantic National Bank appealed a jury verdict awarding Kenneth Tworoger and his law firm damages for malicious prosecution and abuse of process arising from mortgage foreclosure suits. The court affirmed, holding that the bank's documented intent to improve its collateral positi
• Sit-Set v. Universal JET Exch., Inc.
  747 F.2d 921· 4th Cir.· 1984-11-01 ·cited 3×
  The court held that judicial intervention prejudiced the jury's consideration of the contract claim, requiring a new trial, and that a corporate officer could be held jointly and severally liable for the corporation's fraud.
• French v. Jinright & Ryan
  735 F.2d 433· 11th Cir.· 1984-06-29 ·cited 3×
  The court held that the district court erred in granting summary judgment because the record was insufficient to determine if the prior arbitration proceeding decided the claims against the architect on the merits or if the award constituted full satisfaction under Georgia law.
• Oakley Farmer v. The Honorable Mark E. Polen
  423 So. 2d 1035· Fla. 4th DCA· 1982-12-29 ·cited 3×
  A party cannot avoid the statutory time limit to protest an arbitration award by filing a counterclaim for rescission of the contract containing the arbitration clause after ratifying the contract through participation in arbitration and modification proceedings.
• Reynolds v. Slaughter
  541 F.2d 254· 10th Cir.· 1976-09-07 ·cited 3×
  The court held that restitution is an available remedy even when a contract is unenforceable due to the statute of frauds, and Federal Rule of Civil Procedure 54(c) permits awarding such relief even if not specifically pleaded.
• Interstate Commerce Comm'n & Alco-Gravure, Inc. v. The Baltimore & Annapolis R.R. Co.
  537 F.2d 77· 4th Cir.· 1976-04-19 ·cited 3×
  The court affirmed the district court's decision, finding the railroad's failure to provide service constituted an unlawful abandonment.
• Matter of Adrian Research & Chem. Co., Inc.
  269 F.2d 734· 3d Cir.· 1959-08-25 ·cited 3×
  A secured creditor does not waive their security interest by executing on a judgment for the debt, as these remedies are consistent.
• Mass v. Gordon
  101 So. 2d 836· Fla. 3d DCA· 1958-03-13 ·cited 3×
  A stockbroker who retains stock after a customer's default in payment cannot recover the full purchase price; damages are the difference between the purchase price and the market value at the time of default.
• Ky. W. Va. Gas Co. v. Lafferty
  174 F.2d 848· 6th Cir.· 1949-05-02 ·cited 3×
  The court held that damages for diminution in the value of the use and enjoyment of property due to a permanent nuisance are recoverable, even if there is no depreciation in market value, and that purchasers with knowledge of a permanent nuisance cannot recover damages.