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

• Black v. Elliot L. Miller
  219 So. 2d 106· Fla. 3d DCA· 1969-02-04 ·cited 48×
  Mary Alice Black appealed a trial court order dismissing her counterclaim to foreclose a security lien against her ex-husband's property interest sold to Elliot Miller at a sheriff's execution sale. The Florida appellate court affirmed, holding that Black had elected to pursue ex
• Corden E. Yates v. Dann
  223 F.2d 64· 3d Cir.· 1955-05-20 ·cited 48×
  The court held that transferring part of a Jones Act case to admiralty after a jury trial demand improperly deprived the defendant of their right to a jury trial on damages and comparative negligence.
• Orel J. Myers v. The Fed. Reserve Bank of Atlanta
  101 Fla. 407· Fla.· 1931-04-29 ·cited 48×
  The Florida Supreme Court upheld a preference claim by the Federal Reserve Bank against the receiver of Palm Beach Bank & Trust Company, holding that when a bank collects items and attempts remittance via exchange drafts at a time when it has sufficient lawful cash reserves, the
• Campbell v. The Kauffman Milling Co.
  42 Fla. 328· Fla.· 1900-06-01 ·cited 48×
  The Florida Supreme Court reversed an equity decree that gave the Kauffman Milling Company priority rights to flour accounts and their proceeds held by the assignee Campbell. The court held that the Milling Company forfeited its right to pursue the accounts in specie by electing
• EBY v. REB Realty, Inc.
  495 F.2d 646· 9th Cir.· 1974-04-01 ·cited 47×
  The court held that a real estate broker who regularly extends credit in sales is a 'creditor' under the Truth in Lending Act, and that rescission and civil liability are not mutually exclusive remedies.
• Deemer v. Hallett Pontiac, Inc.
  288 So. 2d 526· Fla. 3d DCA· 1974-01-15 ·cited 47×
  The court held that a successor judge can vacate interlocutory orders of a predecessor, and that the plaintiff's claims for rescission and damages were mutually exclusive, thus requiring an election of remedies.
• Dunn v. Nat'l Sec. Fire & Cas. Co.
  631 So. 2d 1103· Fla. 5th DCA· 1993-12-23 ·cited 46×
  Dunn, an injured third party, appealed a summary judgment in his bad faith suit against National Security Fire and Casualty Company, seeking punitive damages, attorney's fees from the underlying tort suit, and recovery for mental suffering. The court affirmed the denial of attorn
• Zabel v. Pinellas Cnty. Water & Navigation Control Auth.
  171 So. 2d 376· Fla.· 1965-01-20 ·cited 46×
  Zabel and Russell sought permission from the Pinellas County Water and Navigation Control Authority to dredge and fill approximately 11.5 acres of submerged land in Boca Ciega Bay. The Florida Supreme Court held that the Authority erroneously placed the burden of proof on the app
• Keil v. West
  21 Fla. 508· Fla.· 1885-06-01 ·cited 46×
  Jane Keil appealed a partition decree in a suit brought by Mary L. West and her sisters for division of land held as tenants in common. The Florida Supreme Court affirmed the decree, rejecting Keil's contentions that the bill was deficient, the subpoena defective, and that she sh
• Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc.
  534 So. 2d 1187· Fla. 4th DCA· 1988-11-16 ·cited 44×
  In consolidated appeals, Country Manors Association and its directors challenged a trial judgment against them in favor of Master Antenna Systems for tortious interference with contract, conversion, and civil theft. An insurer (International) separately appealed insurance coverag
• Johns-Manville Corp. & Johns-Manville Sales Corp. v. The United States
  855 F.2d 1556· Fed. Cir.· 1988-08-25 ·cited 44×
  The dissenting judge argues that the majority's interpretation of 28 U.S.C. § 1500 is overly hostile to claimants and departs from precedent by not considering whether an election of remedies was actually possible.
• Palmer v. Wilson
  502 F.2d 860· 9th Cir.· 1974-08-16 ·cited 44×
  The court held that the creditor's security interest becomes automatically void upon the debtor's election to rescind under 15 U.S.C. § 1635(b), and rescission cannot be equitably conditioned on the debtor's repayment.
• Marina Voutsis v. Union Carbide Corp.
  452 F.2d 889· 2d Cir.· 1971-12-03 ·cited 44×
  The court held that a sex discrimination complaint filed with the EEOC before the 60-day state deferral period expired is not a bar to federal action, nor does a vague settlement with the state agency preclude federal remedies.
• Sackett v. Beaman
  399 F.2d 884· 9th Cir.· 1968-09-05 ·cited 44×
  The court held that the district court did not abuse its discretion in denying leave to file a second amended complaint because the proposed claim for damages was barred by the statute of limitations.
• Porello v. United States
  153 F.2d 605· 2d Cir.· 1946-01-10 ·cited 44×
  The court held that the United States and the stevedoring company were jointly and severally liable for the stevedore's injuries, and the stevedoring company was contractually obligated to indemnify the United States for the full amount of damages.
• Bennett v. Jacksonville Expressway Auth.
  131 So. 2d 740· Fla.· 1961-06-28 ·cited 43×
  A Florida Supreme Court case addressing whether a trial judge properly granted a motion for new trial in a condemnation action when the jury's verdict shocked the judge's conscience, despite the verdict falling within the evidentiary range. The Court reaffirms that trial judges h
• Davis v. United States Steel Supply
  688 F.2d 166· 3d Cir.· 1982-08-30 ·cited 42×
  A prior state court adjudication of employment discrimination claims bars a subsequent federal § 1981 action under res judicata, even if the plaintiff did not initiate the state proceedings.
• Isabella Doyle v. City OF Coral Gables
  159 Fla. 802· Fla.· 1947-12-09 ·cited 42×
  This case concerns a passenger's suit against a city for personal injuries sustained due to the city's alleged negligence as a common carrier, where the trial court sustained a demurrer to a declaration based on breach of implied contract.
• Jones v. Childers
  18 F.3d 899· 11th Cir.· 1994-04-07 ·cited 40×
  Gordon and Laura Jones sued their financial advisor John Childers and his firm Talent Services, Inc. (TSI) for fraud, negligence, breach of fiduciary duty, breach of contract, and Florida civil RICO violations arising from Childers' misrepresentations regarding risky Israeli tax
• ERP v. Carroll
  438 So. 2d 31· Fla. 5th DCA· 1983-08-18 ·cited 40×
  This case addresses the proper scope of impeaching an adverse party called as a witness under Florida Rule of Civil Procedure 1.450(a) and whether a single wrongful arrest can support separate recoveries for both false imprisonment and malicious prosecution. The court reversed an
• Costin v. Ansel L. Hargraves
  283 So. 2d 375· Fla. 1st DCA· 1973-10-04 ·cited 40×·via Choice Of Remedies
  In this interlocutory appeal, the Florida First District Court of Appeal reversed the trial court's denial of defendants' motion to decertify a class action, holding that the plaintiffs failed to demonstrate the necessary community of interest required to maintain a class action
• Ling-Temco-Vought, Inc. v. The United States
  475 F.2d 630· Ct. Cl.· 1973-03-16 ·cited 40×
  A contractor who continues performance after discovering a material breach, without protest or reservation of rights, is precluded from recovering damages for that breach.
• Gen. Guar. Ins. Co. v. NEW Orleans Gen. Agency, Inc.
  427 F.2d 924· 5th Cir.· 1970-06-15 ·cited 40×
  The court held that the defendant did not waive its right to arbitration by filing a motion to stay proceedings, pleading alternatively, or participating in preliminary court actions.
• Pearson v. Harris
  449 So. 2d 339· Fla. 1st DCA· 1984-03-30 ·cited 39×
  Pearson, an employee of an independent contractor hired to install an antenna on a television tower, was injured when he fell while descending a ladder after hearing what he believed to be gunfire. He sued the tower owner Rustcraft, the lessee Gencom, and the insurer Western, cla
• Bankers Tr. Co. v. Pac. Emp'rs Ins. Co.
  282 F.2d 106· 9th Cir.· 1960-08-24 ·cited 39×
  The court held that the appellant's prior action to enforce the insurance contract did not bar a subsequent tort action for fraud in the inducement of that contract, as they are distinct causes of action.
• McCormick v. Bodeker
  119 Fla. 20· Fla.· 1935-04-04 ·cited 39×
  This case concerns whether a seller who obtained a specific performance decree for the sale of land, which was later sold at a loss, can then sue for the remaining balance owed. The court held that the seller's election to pursue specific performance barred the subsequent action
• Motorola Commc'ns & Elecs., Inc. v. Nat'l Patient Aids, Inc.
  427 So. 2d 1042· Fla. 4th DCA· 1983-03-02 ·cited 38×
  Motorola appeals a final judgment awarding damages to guarantors of a debt for communications equipment, despite having won summary judgment on liability. The court reverses and remands due to fundamental procedural defects: the case was tried on issues not raised in the pleading
• McCARTHY v. Am. E. Corp.
  175 F.2d 724· 3d Cir.· 1949-06-14 ·cited 38×
  A seaman may pursue claims for both unseaworthiness and Jones Act negligence in a single action, and the jury may base its verdict on either or both grounds.
• Armour & Co. v. Carl
  154 Fla. 86· Fla.· 1944-02-18 ·cited 38×
  Armour & Company sought equitable accounting and relief for funds allegedly held in trust by attorney Lambdin, who collected $1,413.75 from a judgment execution that had been assigned to Armour. The Florida Supreme Court affirmed dismissal of the equity suit, holding that Armour
• Parsons v. Motor Homes OF Am., Inc.
  465 So. 2d 1285· Fla. 1st DCA· 1985-03-07 ·cited 37×
  The Parsons purchased a defective Winnebago motor home and sought revocation of acceptance after nine months of repeated repair attempts. The trial court denied revocation, finding no substantial impairment of value and that warranty limitations foreclosed other remedies. The app
• Johnson Serv. Co. v. Transamerica Ins. Co.
  485 F.2d 164· 5th Cir.· 1973-10-05 ·cited 37×
  The court held that Texas law does not preclude recovery on a separate labor and material bond even when a Hardeman Act bond has been posted, and that the work performed by the plaintiff was sufficient to toll the notice period under the bond.
• Fla. Nat. Bank Tr. Co. v. Brown
  47 So. 2d 748· Fla.· 1949-07-29 ·cited 37×
  The Florida Supreme Court affirmed a lower court decision denying foreclosure on a mortgage given by a mother to her daughter for past services rendered. The court held that services rendered without a pre-existing agreement for compensation do not constitute valuable considerati
• Reid v. Miami Studio Props., Inc.
  139 Fla. 246· Fla.· 1939-07-11 ·cited 37×
  This case addresses whether a plaintiff who prayed for a deficiency decree in a mortgage foreclosure suit, but was denied consideration of that prayer, can later sue at law to recover the deficiency. The court held that the plaintiff could pursue a legal action for the deficiency
• S. Pac. Transp. Co. v. SAN Antonio
  748 F.2d 266· 5th Cir.· 1984-11-29 ·cited 36×
  The court held that the district court abused its discretion by staying execution of the railroads' judgment, and granted mandamus to allow immediate collection, awarding prejudgment interest.
• Velez v. Oxford Dev. Co.
  457 So. 2d 1388· Fla. 3d DCA· 1984-10-30 ·cited 36×
  An employee injured during his lunch break at work accepted workers' compensation benefits but later sued his employer in tort, claiming the injury occurred outside the course of employment. The trial court granted summary judgment for the employer based on the employee's accepta
• Quinn v. Digiulian
  739 F.2d 637· D.C. Cir.· 1984-07-13 ·cited 36×
  The court held that punitive damages are not recoverable for a breach of the duty of fair representation, but that federal courts have jurisdiction over LMRDA claims even if the conduct also constitutes an unfair labor practice under the NLRA. A jury trial is available for both L
• Rudd-Melikian, Inc. v. Merritt
  282 F.2d 924· 6th Cir.· 1960-10-12 ·cited 36×
  The court held that a contract granting a distributorship within a specific territory does not, by implication, create an exclusive distributorship, especially when the contract is clear and unambiguous and does not contain language expressing or implying exclusivity.
• Hartquist v. Tamiami Trail Tours, Inc.
  139 Fla. 328· Fla.· 1939-07-18 ·cited 36×
  Hartquist sued Tamiami Trail Tours for negligence after being struck by an unsecured trailer door while lawfully using a public sidewalk. The Florida Supreme Court reversed the trial court's dismissal on demurrer, holding that the declaration sufficiently alleged a duty of care a
• Provost v. Swinson
  109 Fla. 42· Fla.· 1933-03-13 ·cited 36×
  A Florida Supreme Court decision addressing whether a defendant can be sued at law for a mortgage debt deficiency when the same plaintiff has simultaneously filed a chancery suit seeking a foreclosure and deficiency decree. The court held that a plea in abatement was proper and s
• Fla. Birth-Related Neurological Injury Comp. Ass'n v. Florida Division OF Administrative Hearings
  948 So. 2d 705· Fla.· 2007-01-11 ·cited 35×
  The Florida Supreme Court resolved a certified conflict among district courts of appeal regarding whether administrative law judges (ALJs) have jurisdiction to determine whether health care providers complied with the notice requirements of the Florida Birth-Related Neurological
• Campbell v. Salman
  384 So. 2d 1331· Fla. 3d DCA· 1980-06-24 ·cited 35×
  The sellers sought reversal of an adverse summary judgment after the buyer failed to close on a land sale contract, with the buyer having deposited only a portion of the required earnest money.
• Sade v. N. Natural GAS Co.
  483 F.2d 230· 10th Cir.· 1973-08-14 ·cited 35×
  A fraud claim based on a fraudulently procured release can be maintained without first setting aside the release, and the election of remedies doctrine does not bar the claim if the plaintiff lacked knowledge of the fraud when pursuing prior remedies.
• Brookfield Constr. Co., Inc. v. The United States
  661 F.2d 159· Ct. Cl.· 1981-09-23 ·cited 34×
  A contractor electing to proceed under the Contract Disputes Act on pre-Act claims cannot recover interest for periods prior to the Act's effective date.
• Cooper v. Philip Morris, Inc.
  464 F.2d 9· 6th Cir.· 1972-06-29 ·cited 34×
  The court held that prior state agency adjudication does not bar a federal Title VII claim, and the district court erred in granting summary judgment based on res judicata or collateral estoppel.
• Taylor v. NEW York City Transit Auth. & Civil Serv. Comm'n of the City of N.Y.
  433 F.2d 665· 2d Cir.· 1970-10-26 ·cited 34×
  The court held that the plaintiff's federal constitutional claim was barred by res judicata and collateral estoppel due to prior state administrative and judicial proceedings, as the plaintiff had the opportunity to raise the issue in those proceedings but failed to do so.
• Sundie v. Lindsay
  166 So. 2d 152· Fla. 3d DCA· 1964-07-14 ·cited 34×
  The court held that a party seeking damages for breach of contract must elect between two distinct measures of damages: either to treat the contract as void and recover preparation expenses, or to affirm the contract and recover lost profits. The trial court erred by allowing evi
• Dickerson v. Orange State OIL Co.
  123 So. 2d 562· Fla. 2d DCA· 1960-10-05 ·cited 34×
  A workmen's compensation insurance carrier sought to recover against a third party tortfeasor despite the injured employee's prior release of claims. The court held that the carrier's subrogated rights are not barred by the employee's release and that the action is subject to a f
• Kerr v. Compagnie de Ultramar & Transmar Corp.
  250 F.2d 860· 2d Cir.· 1958-01-08 ·cited 34×
  A federal court has the power to dismiss a non-diverse, dispensable defendant to retain diversity jurisdiction, and failure to do so when no prejudice results is an abuse of discretion.
• N. Am. Graphite Corp. v. Allan
  184 F.2d 387· D.C. Cir.· 1950-07-03 ·cited 34×
  The court held that a plaintiff is not required to elect between remedies of breach of contract and quasi-contract, and that the contract's payment terms were not contingent on successful operation.
• Milo O. Coffrin v. Sayles
  128 Fla. 622· Fla.· 1937-06-15 ·cited 34×
  A Florida Supreme Court decision holding that a mortgagee who forecloses without expressly requesting a deficiency decree retains the right to sue at law for the balance due on the promissory note after applying foreclosure sale proceeds, even if the foreclosure bill contained a