Election Of Remedies

856 Florida cases classified under this topic · sorted by citation count

• Festa v. Ferrara
  18 So. 3d 732· Fla. 1st DCA· 2009-10-14
• Jerrell Davis v. Powell
  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
• In re Est. OF Beulah K. Trollinger. Betty J. Savoretti v. MHC/CSI Fla., Inc.
  9 So. 3d 667· Fla. 2d DCA· 2009-04-08
  Certiorari relief is not available because the petitioner cannot demonstrate irreparable harm from electing remedies at the pleading stage, as any error can be corrected on postjudgment appeal.
• Ortiz v. Phoenicia Dev., LLC.
  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.
• Young v. Kurlansik
  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.
• Mauricio Gugelmin v. Fla. Birth Related Neurological Injury Comp. Ass'n
  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
• Roland v. Fla. E. Coast Ry., LLC
  873 So. 2d 1271· Fla. 3d DCA· 2004-06-02
  Stephen P. Roland, a railroad policeman, appealed a dismissal of his state whistleblower lawsuit on federal preemption grounds. The Florida Third District Court of Appeal reversed, holding that the federal railroad whistleblower statute does not preempt state whistleblower statut
• Lee v. Jones Lang Lasalle Americas, Inc.
  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.
• Gulf Island Resort, L.P. v. Gulf Island Beach & Tennis Club Condo. Ass'n II, Inc.
  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
• Hernando Cnty. v. Leisure Hills, Inc.
  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
• Holder v. Waldrop
  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
• Lowry v. Logan
  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
• Mills v. Wormser
  644 So. 2d 180· Fla. 5th DCA· 1994-10-28
• Westbury Props., Inc. v. Cardillo
  638 So. 2d 519· Fla. 2d DCA· 1994-04-27
  Westbury Properties appeals a summary judgment dismissing its mortgage foreclosure action against Princess Recreation and others. The trial court concluded that Westbury's obligation was satisfied when it purchased the mortgaged amusement park property at a sheriff's sale during
• Trayco v. The United States
  994 F.2d 832· Fed. Cir.· 1993-06-03
  The court held that a gap exists in the Court of International Trade's exclusive jurisdiction for importer refund suits, and the importer was not estopped from seeking judicial review by paying a mitigated penalty under protest.
• Thrash v. State Farm Fire & Cas. Co.
  992 F.2d 1354· 5th Cir.· 1993-05-28
  The court held that there was sufficient evidence for the insurer to have a reasonable basis to deny the claim, thus not breaching the duty of good faith and fair dealing.
• Moore v. Coffey
  992 F.2d 1439· 6th Cir.· 1993-04-30
  The court held that genuine issues of material fact exist regarding whether the guarantor was fraudulently induced into signing the guaranty agreement, precluding summary judgment.
• Medcom Holding Co. v. Baxter Travenol Labs., Inc.
  984 F.2d 223· 7th Cir.· 1993-01-26
  The court held that the district court properly construed the stock purchase agreement to require the transfer of 100% of EPI stock and that specific performance was an appropriate remedy for the breach.
• JCA P'ship v. Wenzel Plumbing & Heating, Inc.
  978 F.2d 1056· 8th Cir.· 1992-11-03
  The court held that the doctrine of election of remedies and a prior settlement agreement did not preclude a breach of contract claim against WPH, but affirmed dismissal of fraud claims based on future promises and an estoppel certificate.
• Sharp v. Johnson Bros. Corp.
  973 F.2d 423· 5th Cir.· 1992-09-25
  An employee who obtains a formal award of LHWCA benefits through a settlement approved by an administrative law judge is precluded from subsequently bringing a Jones Act claim for the same injuries.
• B.J. Seger Fine Arts, Inc. v. Scher
  592 So. 2d 1133· Fla. 3d DCA· 1991-12-31
• Manypenny v. The United States
  948 F.2d 1057· 8th Cir.· 1991-10-29
  The court held that the White Earth Land Settlement Act (WELSA) provides a statute of limitations that applies to causes of action outside of WELSA, and that federal courts can adjudicate possession disputes involving state officials despite the Eleventh Amendment.
• Happy Chef Sys., Inc. v. John Hancock Mut. Life Ins. Co.
  933 F.2d 1433· 8th Cir.· 1991-05-22
  The court held that appellants were entitled to prejudgment interest from the date they filed their motion for supplemental relief, not from the date of the initial declaratory judgment, and that postjudgment interest should begin from the date of the damages judgment. The court
• Burlington Indus., Inc. v. Watkins
  916 F.2d 722· Temp. Emer. Ct. App.· 1990-09-19
  A release executed in connection with a claim to refunds in the Stripper Well litigation barred a subsequent claim for refunds in Subpart V proceedings, even when filed by affiliated companies for separate purchases.
• Env't Def. Fund v. Reilly
  909 F.2d 1497· D.C. Cir.· 1990-07-27
  The court held that appellants, having pursued their Section 21 remedy to a settlement, could not subsequently resort to the Administrative Procedure Act (APA) for review of the agency's denial of their petition for rulemaking.
• Combined Servs., Inc. v. Lynn Elecs. Corp.
  888 F.2d 106· 11th Cir.· 1989-11-14
  Under Alabama law, a party may recover damages for both breach of contract and fraud when the fraud involves misrepresentations about the intention or ability to perform contractual obligations.
• Johnson v. Bokor
  548 So. 2d 1185· Fla. 2d DCA· 1989-09-22
  Johnson purchased a 50% stock interest in a close corporation from Bokor based on Bokor's representation that the corporation's tax liabilities did not exceed $10,000, when they actually exceeded $16,000. The trial court dismissed Johnson's third amended complaint for fraud and b
• Walling v. Holman
  858 F.2d 79· 2d Cir.· 1988-09-19
  The court held that while the corporate veil could be pierced to hold Richard Holman personally liable, certain damages related to the condition of the realty were not recoverable due to the warranty of habitability, and the statute of limitations for conversion claims could bar
• Kidder Elec. OF Fla., Inc. v. United States Fid. & Guar. Co.
  530 So. 2d 475· Fla. 5th DCA· 1988-09-01
  A subcontractor entered into arbitration with a general contractor over a payment dispute while simultaneously filing suit against the surety on a payment bond. The court held that the arbitration should proceed and the bond litigation should be stayed, rejecting the surety's arg
• Merilyn W. Butcher v. Cessna Aircraft Co.
  850 F.2d 247· 5th Cir.· 1988-07-27
  The court held that the widows' claims were not barred by election of remedies or judicial estoppel because there was a genuine issue of material fact regarding their knowledge of the alleged seat defect when they filed their initial state suits.
• Int'l Bhd. of Teamsters v. Pan Am World Servs., Inc.
  59 F. Supp. 258· M.D. Fla.· 1988-03-16
• The Dean Co. v. U.S. Home Corp., Inc.
  523 So. 2d 1152· Fla. 2d DCA· 1987-12-30
  Dean Company appealed a trial court order permitting U.S. Home Corporation to pursue an amended complaint asserting a claim for contribution against Dean. The appellate court enforced its prior mandate and held that U.S. Home's election of indemnification as its remedy at trial f
• Beacon OIL Co. v. The United States
  832 F.2d 593· Fed. Cir.· 1987-11-03
  The court held that Beacon Oil made a binding election to pursue its contract claims under the Contract Disputes Act, and the Board of Contract Appeals lacked jurisdiction to proceed under the contract's disputes clause.
• In re Ben and Peg Scott v. Scott
  829 F.2d 865· 9th Cir.· 1987-10-06
  The dissent argues that the majority erred in allowing contract vendors to bind Frontier Bank, a non-party, to a judgment, and that vendors cannot retain both title and the full contract price.
• Hikes v. McNAMARA Pontiac, Inc.
  510 So. 2d 1212· Fla. 5th DCA· 1987-08-13
  The dissenting opinion discusses the remedies available to a buyer who claims misrepresentation regarding the condition of a vehicle, focusing on the distinction between rescission and suing for damages.
• Fed. Deposit Ins. Corp. v. M.F. Crouch
  816 F.2d 1110· 6th Cir.· 1987-04-22
  The court held that North Carolina suretyship law, specifically N.C. Gen. Stat. § 26-7, protects guarantors from personal judgments while foreclosure proceedings on collateral are pending.
• Carbone v. Gulf OIL Corp.
  812 F.2d 1416· Temp. Emer. Ct. App.· 1987-01-23
  The court held that the district court erred in dismissing the action as barred by the statute of limitations, as the claim for overcharges under the ESA is compensatory, not penal, and the applicability of treble damages and attorney fees requires further adjudication.
• Bagwell Coatings, Inc. v. Middle S. Energy, Inc.
  797 F.2d 1298· 5th Cir.· 1986-08-22
  The court held that Middle South breached its contract by obstructing Bagwell's work, and Bagwell was entitled to damages for increased costs incurred due to this breach, even if not strictly calculated under Article 38.
• Brigitte Schlange-Schoeningen v. Parrish
  767 F.2d 788· 11th Cir.· 1985-08-02
  A merger clause in a real estate contract does not bar an action for fraud when the fraud involved actively creating a false record to deceive a party, rather than merely making a false promise.
• In re H.J. Kristal v. Lampi
  758 F.2d 454· 9th Cir.· 1985-04-19
  The court held that Carnation's post-judgment conduct, executing on unpledged assets before exhausting its security, violated California Civil Procedure Code § 726, voiding its security interest.
• J.I. Hass Co., Inc. v. Jones-Teer
  755 F.2d 1264· 6th Cir.· 1985-03-06
  The court held that the subcontract unambiguously required the subcontractor to complete all painting, including remedial work, and that the subcontractor's refusal to perform this work justified the prime contractor's termination of the subcontract.
• Fininvest U.S. Inc. v. Doss, Lynch & Castro, P.A.
  458 So. 2d 324· Fla. 3d DCA· 1984-10-02
  Plaintiffs who recovered a judgment based on a valid real estate contract in federal court are estopped from claiming the contract never existed in a subsequent state court action against the law firm that drafted it.
• Vannoy Banks v. Steinhardt
  427 So. 2d 1054· Fla. 4th DCA· 1983-03-09
  The court held that dismissing the quantum meruit claim was error, requiring reversal and remand for further proceedings. The award of attorney fees and costs was also reversed.
• First Nat'l Bank OF Columbus v. Drummond
  686 F.2d 1117· 5th Cir.· 1982-09-27
  The dissenting justice argues that Mississippi Code Annotated section 15-1-23 specifically governs deficiency suits following foreclosure and imposes a one-year statute of limitations. This specific statute controls over the general six-year statute of limitations found in sectio
• Chambers v. Omer Siler and Jacqueline Siler
  417 So. 2d 701· Fla. 5th DCA· 1982-06-30
  The Chambers sought specific performance of a real estate contract to purchase Florida property from the Silers. The trial court denied specific performance, finding that the Chambers made an election of remedies by demanding return of their deposit, which the Silers accepted, th
• Cal-Am Corp. v. Spence
  659 F.2d 1034· 10th Cir.· 1981-09-18
  The court held that by exercising the contractual right to terminate the agreement upon default, Spence could not also recover the minimum royalty payment for the period after termination.
• Intercontinental Engineering-Manufacturing Corp. v. C. F. Bean Corp.
  647 F.2d 621· 5th Cir.· 1981-06-12
  The court held that the escrow agreement created a principal-agent relationship, making Bean liable for Robinson's breach of the sales contract with Intercon.
• Hill v. Bank OF Colo.
  648 F.2d 1282· 10th Cir.· 1981-05-11
  A creditor's pursuit of an in personam judgment does not preclude them from later enforcing a security interest, as remedies under the U.C.C. are cumulative.
• Arbuckle Broadcasters, Inc. v. Sys. Mktg. Corp.
  642 F.2d 402· 10th Cir.· 1981-03-09
  A buyer cannot pursue both a revocation of acceptance theory and a breach of warranty theory if they have already obtained a recovery under one of them.
• Ariz. Props. Mktg. Co., Inc. v. Allen
  392 So. 2d 1359· Fla. 1st DCA· 1981-01-16
  Arizona Properties Marketing Company sought to levy on the Allens' Florida homestead property to satisfy a general judgment from Arizona. The court held that while the trial court properly recognized the Arizona judgment under full faith and credit, it erred in applying the doctr