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
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127 Fla. 721·
Fla.·
1937-04-19
·cited 1×
This second appeal concerns whether a chattel mortgage executed by McCampbell Furniture Stores, Inc., created a valid lien when title to the furniture had already passed to Palm Beach Securities Corporation by operation of law before the mortgage was executed. The Court holds tha
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Fla. 2d DCA·
2026-08-07
An association may bring both a civil action to recover a money judgment for unpaid assessments and foreclose a lien on the property, as authorized by section 720.3085(1)(c), Florida Statutes, and the Declaration does not prohibit such dual remedies when interpreted as a whole. T
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Fla. 4th DCA·
2026-03-25
The appellate court reversed a trial court's judgment for unjust enrichment, finding that a party cannot pursue an equitable claim when an express contract covers the same subject matter. The court affirmed the breach of contract judgment but remanded for a determination of damag
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M.D. Fla.·
2025-12-16
A motion to dismiss based on affirmative defenses like election of remedies or statute of limitations is generally inappropriate unless the defense is apparent from the face of the complaint.
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Fla. 4th DCA·
2025-10-22
Westlake had a superior perfected security interest in the disputed vehicles because Westlake's security agreement reasonably identified vehicles as collateral and was perfected by filing, while Poleka's stock pledge agreement granted only a security interest in capital stock and
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M.D. Fla.·
2025-09-30
The court held that the defendant materially breached the contract by failing to provide timely notice of non-renewal, and the contract's language regarding notice was clear and unambiguous.
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The Court of Chancery granted in part and denied in part cross-motions for summary judgment and judgment on the pleadings. The court held that the irrevocable voting proxy granted to Mr. Walton was no longer effective because he was no longer a 'Management Shareholder' as defined
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S.D. Fla.·
2025-01-03
The court held that all of the plaintiff's tort claims are barred by Florida's independent tort doctrine because they are not independent of the breach of contract claim.
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Fla. 3d DCA·
2024-03-13
The election of remedies doctrine applied to appellants' counterclaims because rescission and damages are coexistent and inconsistent remedies, and appellants' election of rescission precluded damages awards even in a bench trial context. The settlement agreement contained no obl
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Fla. 3d DCA·
2024-03-13
The settlement agreement did not obligate CPR Holdings to transfer CPR Beverages assets to North Bay because the agreement contained no such provision and the assets had already been conveyed to Green Holdings under the prior operating agreement. The election of remedies doctrine
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M.D. Fla.·
2024-03-11
The court granted summary judgment for Lincare on claims of conversion, civil theft, fraud, negligent misrepresentation, breach of fiduciary duty, breach of loyalty, and breach of contract, and converted the preliminary injunction to a permanent injunction.
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Fla. 4th DCA·
2024-01-17
A judgment granting affirmative relief not requested in the pleadings and not tried by consent is void and must be vacated, unless the court provides notice under Florida Rule of Civil Procedure 1.510(f).
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Fla. 2d DCA·
2023-12-20
A contract that provides a nondefaulting seller with only two remedies—specific performance or retention of a buyer's deposit as liquidated damages—does not permit recovery of the full purchase price as money damages when the buyer breaches. The seller cannot receive a windfall b
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M.D. Fla.·
2023-11-17
The court held that the plaintiff is entitled to a jury trial on his unjust enrichment claim because he clarified that he is seeking money damages, a legal remedy.
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S.D. Fla.·
2023-09-19
The court held that the defendant's motion to dismiss based on res judicata, election of remedies, statute of limitations, laches, and failure to state a claim was denied, allowing the alter ego claim to proceed.
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Fla. 3d DCA·
2023-04-05
The court reversed a lower court's decision compelling arbitration, finding that the police officer had waived his right to arbitrate a grievance by previously litigating the same issue. This decision clarifies that pursuing litigation on an issue precludes subsequent arbitration
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Fla. 4th DCA·
2023-03-08
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S.D. Fla.·
2022-08-31
The court held that the interest rate for Title III damages is the weekly average 1-year constant maturity Treasury yield from the date of confiscation to the date the action was brought, interest is simple, and the trebling provision applies to the certified claim plus interest.
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Fla. 3d DCA·
2022-06-01
A party's prior suit on a promissory note and recordation of a judgment does not constitute an election of remedies precluding later enforcement of the mortgage.
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M.D. Fla.·
2021-06-30
The court held that the plaintiffs have stated plausible causes of action sufficient to survive a partial motion to dismiss, allowing them an opportunity to prove their claims.
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Fla. 2d DCA·
2020-10-09
When a chattel owner elects to recover under the repair-cost theory, damages are limited to the reasonable cost of repairs plus any difference between the original value and post-repair value, not the pre-repair diminution in value. Loss of use damages may only be awarded to the
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S.D. Fla.·
2020-09-30
The court held that the election of remedies doctrine does not bar the plaintiff's breach of lease claim, but the unjust enrichment claim must be dismissed because the existence of the contract is not disputed.
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S.D. Fla.·
2020-09-21
ConSeal International sought summary judgment on its breach of contract claim against Neogen Corporation, alleging Neogen assumed a license agreement with ConSeal after acquiring Neogen's predecessor-in-interest and subsequently failed to meet minimum purchase requirements. The d
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M.D. Fla.·
2020-06-23
The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
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Del. Super. Ct.·
2020-01-21
The court held that allegations of inaction do not breach a negative covenant, but claims for breach of contract survive a motion to dismiss if the plaintiff alleges affirmative actions taken by the defendant that were reasonably expected to reduce an earnout amount or impede its
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S.D. Fla.·
2019-09-18
The appeal is equitably moot because the reorganization plan has been substantially consummated and effective relief cannot be granted without harming third-party creditors.
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Fla. 3d DCA·
2019-08-28
The appellate court affirmed an administrative law judge's order allowing parents to voluntarily dismiss their claim under the Florida Birth-Related Neurological Injury Compensation Plan. This dismissal allowed them to pursue a civil lawsuit instead of accepting an administrative
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227 So. 3d 1288·
Fla. 4th DCA·
2017-10-25
Allegro at Boynton Beach held a right of first refusal to purchase real property from Pearson, who breached the right by selling to Olson Land Partners instead. The court reversed the trial court's grant of summary judgment for the Buyer, holding that Allegro did not make an elec
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2 La. 518·
S.D. Fla.·
2017-09-18
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S.D. Fla.·
2017-07-13
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S.D. Fla.·
2015-09-29
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162 So. 3d 101·
Fla. 4th DCA·
2014-10-15
The administrative law judge's order stating the case would be dismissed if NICA benefits were rejected was merely a statement of procedure, not a ruling on the election of remedies.
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849 F. Supp. 2d 1250·
S.D. Fla.·
2014-01-03
The court held that the plaintiff failed to state a claim for a racially hostile work environment or retaliation under Title VII because the alleged harassment was not sufficiently severe or pervasive, and the temporal proximity between protected activity and adverse actions was
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Del. Ch.·
2013-05-29
The Delaware Court of Chancery found the depository (FSD) liable for breach of a bailment agreement and the affiliated debtor (CAMI) liable for conversion of collateral. The court determined that the depository wrongfully released collateral without the lender's (IDB) consent, an
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850 F. Supp. 2d 653·
S.D. Fla.·
2013-02-04
The liability waiver signed by the passenger is unenforceable under 46 U.S.C. § 30509 because it attempts to limit the cruise line's liability for negligence. Royal Caribbean is not exonerated from liability for failing to provide a competent jet ski operator, and its liability i
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46 So. 3d 144·
Fla. 5th DCA·
2010-10-22
Recovery of the reasonable value of labor and materials furnished in a prior action against a surety does not preclude a subsequent breach of contract action against the subcontractor for lost profits on uncompleted work.
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42 So. 3d 869·
Fla. 2d DCA·
2010-08-18
The court held that a seller's retention of a non-refundable deposit, as contemplated by the contract, does not preclude them from seeking specific performance of a land contract after the buyer's breach.
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18 So. 3d 732·
Fla. 1st DCA·
2009-10-14
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9th Cir. Ct. App. Div.·
2009-07-28
Appellant Davis appeals a trial court judgment awarding damages to Appellee Powell for breach of a roofing contract. The appellate court affirmed the liquidated damages award but reversed the attorney's fees award due to insufficient factual findings, remanding for a new hearing
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9 So. 3d 667·
Fla. 2d DCA·
2009-04-08
A trial court's requirement that a plaintiff in a nursing home negligence action elect between survival and wrongful death damages at the pleading stage, rather than later, is not immediately appealable by writ of certiorari because the error, if any, can be corrected on direct a
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982 So. 2d 1208·
Fla. 5th DCA·
2008-05-23
The court held that interest on lost projected profits and attorney's fees were not compensable under the contract terms and the circumstances of the case.
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974 So. 2d 623·
Fla. 4th DCA·
2008-02-27
The court held that the appellee cannot simultaneously affirm the note through reformation and disavow it by claiming damages for omitted terms.
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882 So. 2d 517·
Fla. 4th DCA·
2004-09-22
The Florida Fourth District Court of Appeal affirmed a trial court's determination that parents of a child with birth-related neurological injuries must elect between accepting a civil settlement for medical malpractice or recovering benefits under Florida's Birth-Related Neurolo
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203 F. Supp. 2d 1303·
N.D. Fla.·
2002-04-24
A plaintiff who has received an administrative award under the Florida Civil Rights Act must elect to either enforce that award or pursue a new civil action, but cannot do both.
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740 So. 2d 64·
Fla. 2d DCA·
1999-07-02
Gulf Island Resort appeals a judgment in a condominium lien foreclosure case, arguing the Association cannot seek both judicial foreclosure on some units and a money judgment on others in the same action. The court affirms, holding that Florida's Condominium Act permits this mixe
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Southeast Bank appeals a class certification order in a fraud action brought by former credit card holders who received default judgments or settlement agreements allegedly based on inflated interest calculations. The court reverses, holding that Florida's long-standing Osceola r
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689 So. 2d 1103·
Fla. 5th DCA·
1997-02-07
Hernando County denied final plat approval to Leisure Hills, Inc. for a subdivision despite the developer's substantial compliance with all applicable ordinances and prior approvals. The court held that the County's denial was based on a newly formulated policy announced simultan
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654 So. 2d 1059·
Fla. 1st DCA·
1995-05-22
Willis Holder, a construction worker, was injured in a vehicle accident while on company business and received workers' compensation benefits. The employer sought summary judgment arguing that Holder's acceptance of workers' compensation benefits precluded him from pursuing a tor
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650 So. 2d 653·
Fla. 1st DCA·
1995-02-09
Michael Lowry appealed a summary judgment dismissing his negligence suit against his alleged employers based on election of remedies doctrine. The trial court ruled that Lowry's receipt of workers' compensation benefits before and after filing suit constituted an election of reme
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644 So. 2d 180·
Fla. 5th DCA·
1994-10-28