Election Of Remedies

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

• Monongahela Power Co. v. United States & Interstate Commerce Comm'n
  633 F.2d 960· 4th Cir.· 1980-10-30
  The plain language of the order allows Monongahela Power Company to seek further relief from the Interstate Commerce Commission.
• RUG Mart, Inc. v. Pellicci
  384 So. 2d 1325· Fla. 2d DCA· 1980-06-20
  Rug Mart installed carpeting in the Pelliccis' home under a contract retaining a security interest and UCC remedies. The trial court dismissed Rug Mart's mechanics' lien foreclosure claim, holding that the security interest provision limited remedies to UCC enforcement. The appel
• United States v. Epstein
  608 F.2d 1· D.C. Cir.· 1979-08-27
  The District Court properly denied Epstein's motion for return of property because the issue was res judicata, having been decided by the District of Columbia courts.
• Coplan Pipe & Supply Co., Inc. v. Cent. Bank & Tr. Co.
  362 So. 2d 447· Fla. 3d DCA· 1978-09-12
  Coplan Pipe & Supply Co. appeals from a summary judgment dismissing its mechanics lien foreclosure suit based on collateral estoppel arising from an adverse jury verdict in a separate breach of contract action. The court reverses, holding that collateral estoppel does not apply b
• Buckley Towers Condo., Inc. v. Buchwald
  48 Fla. Supp. 14· Dade Cty. Cir. Ct.· 1978-08-11
  Buckley Towers Condominium Association sued to invalidate a 1968 recreation lease as unconscionable and fraudulent, seeking rescission and restitution. The court granted summary judgment for defendants, finding the action time-barred by Florida's statute of limitations and barred
• Itt-Community Dev. Corp. v. Halifax Paving, Inc.
  350 So. 2d 116· Fla. 1st DCA· 1977-09-21
  ITT-Community Development Corporation appealed a trial court's denial of its motion to change venue from Flagler County and its motion to stay proceedings pending disposition of a similar federal action. The Florida appellate court affirmed, holding that the trial court did not a
• Am. Agronomics Corp. & the Am. Int'l Food Corp. v. Smith
  342 So. 2d 554· Fla. 3d DCA· 1977-02-15
  A state court action for rescission of a land sales contract based on fraud is not barred by a prior federal class action judgment if the state court determined the action was not bound by the federal judgment.
• Indus. Fire & Cas. Ins. Co. v. Beebe
  340 So. 2d 1257· Fla. 3d DCA· 1976-12-23
  Industrial Fire and Casualty Insurance Company appealed a summary judgment requiring it to provide uninsured motorist coverage to Paula Beebe, a family member insured under a policy issued to her husband. The court affirmed, holding that an exclusionary clause in the policy was v
• Modern Wood Indus., Inc. v. Vill. Royale, Inc.
  327 So. 2d 899· Fla. 3d DCA· 1976-02-17
  Modern Wood Industries appealed from a judgment on the pleadings dismissing its claim for $1,868.15 for kitchen cabinet installation work. The court reversed, holding that a prior affirmed summary judgment order explicitly preserved plaintiff's right to seek recovery for the work
• Ecological Sci. Corp. v. Boca Ciega Sanitary Dist. & the Bd. of Cnty. Comm'rs of Pinellas Cnty.
  317 So. 2d 857· Fla. 2d DCA· 1975-08-08
  The court held that affirmative defenses of election of remedies, splitting a cause of action, and res judicata cannot be raised by a motion to dismiss unless they appear on the face of the complaint.
• Iowa Beef Processors, Inc. v. Grand Trunk W. R.R. Co.
  493 F.2d 665· 6th Cir.· 1974-03-28
  The court held that filing a claim in bankruptcy for misdelivered goods does not constitute ratification or an election of remedies that precludes suing the carrier for breach of the bill of lading.
• Ocala Mfg. v. The Canal Auth. of the State of Fla.
  249 So. 2d 729· Fla. 1st DCA· 1971-06-08
  Ocala Manufacturing challenged the Canal Authority's attempt to acquire land for the Cross Florida Barge Canal after losing a state court condemnation action. The court reversed the dismissal of Ocala's complaint with prejudice, holding that the trial court erred in refusing to a
• Shepard v. Chrysler Corp.
  430 F.2d 161· 5th Cir.· 1970-07-13
• Lisbon Holding & Inv. Co., Ltd. v. Vill. Apts., Inc.
  237 So. 2d 199· Fla. 3d DCA· 1970-06-16
  Lisbon Holding appeals a circuit court judgment granting specific performance of a real estate purchase contract against Village Apartments. The court rejected the defendant's argument that the plaintiff waived the contract by suing on a promissory note that was part of the purch
• Fid. & Deposit Co. OF Md. v. Koehler
  424 F.2d 1296· 5th Cir.· 1970-05-19
  The court held that the doctrine of election of remedies is largely obsolete in Texas and does not bar recovery when there is no possibility of double recovery.
• United States v. Leslie
  421 F.2d 763· 6th Cir.· 1970-02-17
  The court held that the government's action against guarantors did not violate Michigan's foreclosure statute, as the statute applies to suits against the debtor for the secured debt, not separate guaranty obligations.
• Gen. Elec. Credit Corp. v. Miller
  227 So. 2d 82· Fla. 1st DCA· 1969-10-09
  General Electric Credit Corporation appealed a summary judgment dismissing its action to recover dental equipment from an estate administrator. The court held that the vendor's prior filing of claims against the deceased vendee's estate for money owed under conditional sales cont
• ALL States Invs., Inc. v. Elinore Sedley
  399 F.2d 769· 6th Cir.· 1968-07-24
  The court held that the defendant's counterclaim, alleging fraud in the inducement of a settlement agreement, failed to state a cause of action and that the issues raised were barred by res judicata.
• Mirven Collier v. Allstate Ins. Co.
  395 F.2d 719· 5th Cir.· 1968-05-27
  The court held that the employee's actions did not constitute a rejection of voluntary compensation coverage and that filing a state court common law action did not terminate the insurance coverage.
• AETNA Ins. Co. v. Ross
  211 So. 2d 44· Fla. 3d DCA· 1968-05-14
  The court held that a pledgee's sale of collateral without judicial process, as authorized by the parties' agreement, does not constitute an election of remedies barring a claim for a deficiency judgment.
• Kimball v. Jones-Mahoney Corp.
  393 F.2d 724· 3d Cir.· 1968-05-01
  The court held that the plaintiff's act of cashing the deposit refund check, with knowledge of the seller's inability to convey merchantable title, constituted an objective manifestation of his intent to elect to void the contract.
• MacLAUGHLIN v. Matheson
  27 Fla. Supp. 85· Dade Cty. Cir. Ct.· 1966-03-24
  This case involves an appeal from a small claims court judgment against an insurance adjuster and his employer. The appellate court reversed the judgment, holding that a plaintiff cannot recover from both an agent and their disclosed principal on the same contract, and must elect
• Clem v. Clem
  183 So. 2d 742· Fla. 3d DCA· 1966-03-01
  The court held that the chancellor had the authority to enforce the payment of lump sum alimony as provided in the final decree, as the wife's petition evidenced her election to terminate the arrangement for the husband to retain the lump sum.
• ST. Louis Mailers' Union Local NO. 3 v. Globe-Democrat Publ'g Co.
  350 F.2d 879· 8th Cir.· 1965-09-15
  The court held that the Globe-Pulitzer agreement did not constitute the introduction of a "process" requiring 90 days' notice under the bargaining agreement, and even if it did, the union received sufficient notice and failed to act.
• Clements v. E. AIR Lines, Inc.
  24 Fla. Supp. 156· Dade Cty. Cir. Ct.· 1965-01-21
  Clements sued Eastern Air Lines employees for allegedly falsely accusing him of usury and causing his criminal prosecution. The court granted summary judgment for defendants, finding that the criminal charges were initiated by the State Attorney's office, not the defendants, and
• Pratt v. United States
  340 F.2d 174· 1st Cir.· 1964-12-28
  The court held that the seaman's prior in personam judgment did not preclude him from pursuing in rem claims against the vessel for unseaworthiness and maintenance and cure, and that the covenant not to sue the insurer did not bar these claims.
• United States v. Margery Thayer Miller
  331 F.2d 414· 9th Cir.· 1964-04-08
  The court held that a widow's initial election to take workers' compensation benefits, made under a mistake of law and fact regarding her right to sue the United States under the Federal Tort Claims Act, was voidable, and she could subsequently elect to pursue her claim against t
• First Bank & Tr. Co. v. Mellay
  156 So. 2d 518· Fla. 2d DCA· 1963-09-25
  First Bank & Trust Company appealed a judgment denying its motion for a deficiency judgment after it repossessed an automobile in a conditional sale contract dispute. The court reversed, holding that the bank elected its remedy when it filed suit before repossessing the vehicle,
• Platt v. Mannheimer
  149 So. 2d 538· Fla.· 1963-01-23
• Reynolds Metals Co. v. Wand
  308 F.2d 504· 9th Cir.· 1962-08-01
  The court held that the trial court lacked sufficient evidence to determine the effect of the release and that the issue could not be resolved without a full trial on the merits.
• Heilmann v. The HERTZ Corp.
  306 F.2d 100· 5th Cir.· 1962-07-24
  Florida law does not provide a cause of action in contract against a truck owner for injuries occurring in Georgia, even if the owner leased the truck in Florida.
• Thomas v. Merritt-Chapman & Scott Corp.
  303 F.2d 123· 9th Cir.· 1962-05-15
  The court held that the appellant waived his cause of action by electing to take compensation under the Arizona Workmen's Compensation law with full knowledge of his rights.
• Williams v. Duggan
  140 So. 2d 69· Fla. 1st DCA· 1962-03-27
  An injured carpenter filed a workers' compensation claim against his uninsured employers, then abandoned it to pursue a common law negligence action. The court held that by initiating a compensation claim, the plaintiff made an election that precluded him from pursuing a subseque
• Davis v. Rand Fuel OIL Co.
  18 Fla. Supp. 190· Volusia Cty. Cir. Ct.· 1961-11-07
  This case addresses whether a workers' compensation insurance carrier or an injured employee has the right to sue a third-party tort feasor after the employee fails to file suit within one year of the accident. The court held that under Florida law, the insurance carrier has the
• Morell v. Babcock & Wilcox Co.
  290 F.2d 626· 6th Cir.· 1961-05-31
  The court held that under Pennsylvania law, a minor employee of a subcontractor is conclusively presumed to have accepted the Workmen's Compensation Act unless they provide written notice, and the Act does not provide special election procedures for minors in this context.
• James A. Heacker and wife Marie Heacker v. Sw. Bell Tel. Co.
  270 F.2d 505· 5th Cir.· 1959-09-25
  An employee injured while traversing a hazardous sidewalk directly in front of the employer's premises on the way to work is covered by the Texas Workmen's Compensation Act, making it the exclusive remedy.
• Good Bros., Inc. v. Banowitz
  269 F.2d 197· 7th Cir.· 1959-07-02
  The court held that the plaintiff's knowledge of the defendant's control over certain shares and the plaintiff's subsequent affirmation of the stock ownership precluded rescission of the stock purchase agreement.
• City OF Anchorage v. Alaska Dairy Prods. Corp.
  261 F.2d 873· 9th Cir.· 1958-06-18
  The court held that the district court erred in dismissing the action with prejudice without a trial or proper introduction of evidence from prior related cases.
• Luby Chevrolet Co. v. King
  98 So. 2d 784· Fla.· 1957-12-11
  Luby Chevrolet sold a truck to King with a worthless check as partial payment. After a replevin action determined King held title and awarded him judgment for the truck's value instead of possession, Luby attempted to enforce a vendor's lien against the money judgment. The Florid
• United States Overseas Airlines, Inc. v. Compania Aerea Viajes Expresos de Venezuela
  246 F.2d 951· 2d Cir.· 1957-08-06
  The court affirmed the trial court's disposition of issues regarding contract interpretation, breach, and damages, agreeing with the findings on fraud, contract validity, and the award of damages.
• Am. Sur. Co. OF NEW York & Joseph H. Henderson v. Mrs. Thelma Weber
  241 F.2d 62· 5th Cir.· 1957-02-08
  The failure to file a third-party action within one year of a death does not automatically bar a claim for compensation under the Act, as the language is directory and requires a showing of prejudice.
• Am. Paper & Pulp Co., Inc. v. Denenberg
  233 F.2d 610· 3d Cir.· 1956-05-21
  Under the Pennsylvania Sales Act, a buyer who rescinds a sale for breach of warranty is limited to recovering the purchase price paid, less the salvage value of the goods, and cannot recover consequential damages or lost profits.
• Rice v. Hans MAY
  231 F.2d 389· 9th Cir.· 1956-02-29
  The court held that a permit from the California Commissioner of Corporations was not required for a private resale of an oil royalty interest back to the original sellers, and that the sellers' failure to perform their repurchase obligation excused the buyer's potential duty to
• Columbia Cas. Co. v. Mahaney
  229 F.2d 848· 5th Cir.· 1956-02-10
  The court held that the insurance policy's clause did not terminate liability when the appellee commenced an action at law for damages, and the appellee was forced to elect between a common law action and a suit on the contract.
• Emmert v. Drake
  224 F.2d 299· 5th Cir.· 1955-06-30
  Directors are liable for corporate debts when they authorize notes payable from specific future proceeds and fail to ensure those proceeds are used for payment, creating an equitable lien. A prior state court judgment on the same debt does not necessarily bar a subsequent suit ag
• Allen v. United States
  201 F.2d 263· 9th Cir.· 1952-12-31
  The court held that the claim for damages due to unseaworthiness was barred by the statute of limitations, and the claim for wages during disability was forfeited by electing to receive compensation benefits under the Federal Employees Compensation Act.
• Kekenes v. Rawlson & Co., Inc.
  2 Fla. Supp. 115· Dade Cty. Cir. Ct.· 1951-08-23
  The court held that a lessor's acceleration of rent and re-entry into possession upon a tenant's default were not inconsistent remedies, and the original lessee remained liable for the accelerated rent.
• Parks v. Columbia Baking Co.
  1 Fla. Supp. 105· Hillsborough Cty. Cir. Ct.· 1951-05-03
  The widow of a deceased worker sought dependency benefits under Florida's workmen's compensation act after her husband executed a release settling his personal injury claim against a third party. The court held that the widow's right to dependency benefits is independent of the e
• Sutton v. Roth
  1 Fla. Supp. 63· Orange Cty. Cir. Ct.· 1951-03-16
  The execution of a settlement agreement and release, and acceptance of payment, constitutes a final election to proceed at common law, barring further relief under the workmen's compensation law.
• Gen. Disc. Corp. v. Sadowski
  183 F.2d 542· 6th Cir.· 1950-06-02
  A prior judgment at law on a contract does not preclude a subsequent suit in equity for reformation of that contract if the mistake in drafting is shown.