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

• Associated Hardware Supply Co. v. The BIG Wheel Distrib. Co.
  355 F.2d 114· 3d Cir.· 1965-12-27 ·cited 25×
  The court held that the district court erred in granting summary judgment on the fraud claim and counterclaims, and that the parol evidence rule, as supplemented by UCC principles of fraud and misrepresentation, allows evidence of prior oral agreements.
• Wishart v. Laidlaw Tree Serv., Inc.
  573 So. 2d 183· Fla. 2d DCA· 1991-01-18 ·cited 24×
  An employee injured during his lunch break sued his employer for negligence after the brakes failed on a company truck. The trial court granted summary judgment for the employer based on the employee's acceptance of worker's compensation benefits. The appellate court reversed, ho
• Kelco Disposal, Inc. v. Browning-Ferris Indus. OF Vt., Inc.
  845 F.2d 404· 2d Cir.· 1988-04-21 ·cited 24×
  The court held that sufficient evidence supported the jury's verdict for attempted monopolization and tortious interference, and that the punitive damages award was not excessive. It also held that a plaintiff electing state remedies over federal antitrust remedies forfeits feder
• Bilow v. Benoit
  519 So. 2d 1114· Fla. 1st DCA· 1988-02-10 ·cited 24×
  Ellen Bilow appealed a trial court's denial of her specific performance claim for a real estate contract after the buyer, Paul Benoit, refused to close due to financing issues. The appellate court reversed, holding that the trial court improperly relied on unpleaded affirmative d
• United States Marshals Serv. & the Dep't of Just. v. Fed. Labor Relations Auth.
  708 F.2d 1417· 9th Cir.· 1983-06-21 ·cited 24×
  The court held that it lacks statutory jurisdiction to review a Federal Labor Relations Authority decision on exceptions to an arbitrator's award when the underlying dispute was treated as a contract violation and not an unfair labor practice.
• Trudy Unger v. Consol. Foods Corp.
  657 F.2d 909· 7th Cir.· 1981-08-14 ·cited 24×
  Federal courts must conduct a trial de novo for Title VII claims, and prior state administrative or judicial proceedings do not have preclusive effect, even if the plaintiff sought state judicial review. Attorneys' fees are recoverable for work done in state proceedings that are
• Hamilton v. MacDONALD
  503 F.2d 1138· 9th Cir.· 1974-09-12 ·cited 24×
  The court held that the Navajo Tribe's appeals lacked merit, affirming the district court's Order of Compliance and implementation plan, as prior rulings on jurisdiction and equitable relief were binding and the arguments raised were either foreclosed or without merit.
• Nat'l Labor Relations Bd. v. Schill Steel Prods., Inc.
  480 F.2d 586· 5th Cir.· 1973-04-19 ·cited 24×
  The court held that Schill Steel was in civil contempt for violating a prior court order enforcing NLRB decisions, specifically by refusing to sign an agreed-upon contract and engaging in retaliatory actions against employees.
• Rios v. Reynolds Metals Co.
  467 F.2d 54· 5th Cir.· 1972-09-20 ·cited 24×
  A federal court may defer to an arbitration award in a Title VII case if specific conditions are met, including the contractual right coinciding with Title VII rights and the arbitrator's decision not violating Title VII policy.
• City Nat'l Bank OF Miami v. Alf H. Blake
  257 So. 2d 264· Fla. 3d DCA· 1972-02-01 ·cited 24×
  The City National Bank of Miami and Hotel Properties, Ltd. appealed a tax assessment of $1,827,900 on hotel improvements at Miami Airport Inn. The court affirmed the assessor's determination that the hotel improvements were "substantially completed" as of January 1, 1970, and thu
• Otto S. Baker and Bertha H. Baker v. Metro. Dade Cnty.
  237 So. 2d 201· Fla. 3d DCA· 1970-06-09 ·cited 24×
  The court held that certiorari was the proper remedy for challenging the zoning board's quasi-judicial decision, and that the trial court erred in denying all relief for the portion of the property fronting North Kendall Drive.
• Cook Motor Co. v. Vaughn
  189 So. 2d 536· Fla. 1st DCA· 1966-08-23 ·cited 24×
  The court considered whether an insurance policy payable in Cuban pesos in Cuba should be valued in United States dollars based on Cuban or United States exchange rates after the insurer's Cuban assets were seized.
• Nelson v. Seaboard Sur. Co.
  269 F.2d 882· 8th Cir.· 1959-09-03 ·cited 24×
  The court held that while a partnership existed between H&R Construction and Investment Company, Seaboard Surety Company, with knowledge of this partnership, elected to deal solely with H&R Construction, thereby waiving its right to seek recovery from the Nelsons (Investment Comp
• Abe Bernstein v. United States
  256 F.2d 697· 10th Cir.· 1958-05-23 ·cited 24×
  The court held that the Federal Rules of Civil Procedure eliminate the common law doctrine of election of remedies, and that the trial court erred in applying it to bind the government to its original election of remedies.
• Belford Barnett v. Pennsylvania-Reading Seashore Lines
  245 F.2d 579· 3d Cir.· 1957-05-28 ·cited 24×
  Federal courts lack jurisdiction to review the merits of a National Railroad Adjustment Board decision that denies an employee's claim.
• Gale D. Perry v. Benson
  94 So. 2d 819· Fla.· 1957-04-24 ·cited 24×
  The court considered whether a buyer, after a suit for rescission was dismissed for being premature, could then sue for specific performance after waiving a title defect.
• McAFOOS v. The Canadian Pac. Steamships, Ltd.
  243 F.2d 270· 2d Cir.· 1957-04-02 ·cited 24×
  A plaintiff can preserve the right to a jury trial in a Jones Act case by filing a civil complaint even after initiating an admiralty libel, as long as the election for jury trial is made before issue is joined.
• Vestal v. Commissioner of Internal Revenue
  152 F.2d 132· D.C. Cir.· 1945-12-03 ·cited 24×
  The court held that the Commissioner, having elected to tax the individuals as partners on the sale of real estate, was estopped from later asserting that the same individuals were liable as transferees for taxes on the same sale.
• Brown v. Christman
  126 F.2d 625· D.C. Cir.· 1942-02-09 ·cited 24×
  The court held that the property owners' prior action on a bond did not preclude their claim for an equitable lien on a special rent account, and that other property owners might be indispensable parties requiring remand.
• Samuel L. Heller, P.A. v. Held
  817 So. 2d 1023· Fla. 4th DCA· 2002-06-05 ·cited 23×
  Attorney Samuel Heller sought to recover attorney's fees from defendants who settled a lawsuit with Heller's client without providing Heller notice or payment, despite his valid charging lien. The court reversed summary judgment in the defendants' favor, holding that Heller had p
• Wayne Creasy Agency, Inc. v. Maillard
  604 So. 2d 1235· Fla. 3d DCA· 1992-08-11 ·cited 23×
  Wayne Creasy Agency appeals the trial court's grant of rescission for a condominium sale where buyers discovered structural defects two years after closing. The appellate court reversed, finding the trial court abused its discretion by denying the seller leave to amend its answer
• Vareka Invs., N.V. v. Am. Inv. Props., Inc.
  724 F.2d 907· 11th Cir.· 1984-02-09 ·cited 23×
  The court held that the district court had subject matter jurisdiction based on diversity of citizenship and correctly granted summary judgment on liability and awarded damages, affirming the lower court's decision.
• Cap. Bank v. Needle
  596 So. 2d 1134· Fla. 4th DCA· 1992-03-18 ·cited 22×
  Capital Bank appealed a summary judgment that dismissed its action to recover the balance owed on a promissory note after executing a voluntary dismissal with prejudice of a prior foreclosure action. The court reversed, holding that a letter agreement requiring the borrowers to a
• Wynfield Inns v. The Edward Leroux Grp., Inc.
  896 F.2d 483· 11th Cir.· 1990-03-13 ·cited 22×
  The court held that Wynfield's acceptance of a quantum meruit judgment barred its appeal of the directed verdict on its contract claim due to the doctrines of election of remedies and acceptance of benefits. The court also affirmed the directed verdict on fraud and RICO claims, f
• Wolf v. Buchman
  425 So. 2d 182· Fla. 3d DCA· 1983-01-18 ·cited 22×
  Wolf appeals a replevin judgment awarding Buchman possession of a leased Minolta copier, $3,650 in damages, and attorney's fees. The court affirmed in part and reversed in part, reducing the damage award to $1,600 and reversing the attorney's fees award, holding that without an e
• R. B. F. Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc.
  352 So. 2d 561· Fla. 2d DCA· 1977-11-30 ·cited 22×
  A condominium management company appealed an order denying its motion to compel arbitration of disputes with a condominium association. The court held that when a party seeks rescission of an entire contract on statutory grounds, the arbitration clause cannot be compelled because
• Stein v. Mutuel Clerks' Guild OF Mass., Inc.
  560 F.2d 486· 1st Cir.· 1977-08-17 ·cited 22×
  The court held that the Guild's expulsion procedures violated the LMRDA's requirement for a full and fair hearing, and that the district court properly exercised jurisdiction and awarded damages.
• Econ. Plumbing & Heating Co., Inc. v. The United States
  470 F.2d 585· Ct. Cl.· 1972-12-12 ·cited 22×
  The dissenting judge argues that the plaintiff should have the option to pursue relief as a taxpayer, even if the funds seized were not ultimately theirs, similar to prior cases.
• United States v. Newton Livestock Auction Mkt., Inc.
  336 F.2d 673· 10th Cir.· 1964-09-16 ·cited 22×
  The court held that the SBA was not obligated to insure the mortgaged property for the mortgagor's benefit, nor were the guarantors released due to the lapse of insurance, and interest cannot be awarded against the United States without its consent.
• Scott v. Nat'l Airlines, Inc.
  150 So. 2d 237· Fla.· 1963-02-20 ·cited 22×
  The Florida Supreme Court clarifies that an employee under a collective bargaining agreement with grievance procedures may elect between two inconsistent remedies: either pursue contractual grievance procedures seeking reinstatement and back pay, or accept the discharge as final
• Tidewater OIL Co. v. Waller
  302 F.2d 638· 10th Cir.· 1962-03-20 ·cited 22×
  The court held that the Oklahoma Workmen's Compensation Law's exclusive remedy provision, as interpreted by the Oklahoma Supreme Court, did not preclude a suit for damages under foreign tort law, even when the injury occurred outside Oklahoma.
• Michel v. Louisville & N. R. Co.
  188 F.2d 224· 5th Cir.· 1951-04-11 ·cited 22×
  An employee's voluntary submission of a discharge grievance to the National Railroad Adjustment Board, which results in an adverse determination on the merits, bars a subsequent suit for breach of contract based on the same claim.
• RED TOP CAB & Baggage Co. v. Adeline M. Dorner
  159 Fla. 538· Fla.· 1947-10-31 ·cited 22×
  The Florida Supreme Court reversed a directed verdict for defendant Dorner in a negligence action brought by Red Top Cab and Baggage Co. as assignee of an employee's tort claim against a third party under Florida's Workmen's Compensation Act. The Court held that sufficient eviden
• Williams v. Gaffin Indus. Servs., Inc.
  88 So. 3d 1027· Fla. 2d DCA· 2012-05-25 ·cited 21×
  The court held that a trial court erred in dismissing a complaint with prejudice based on matters outside the complaint and that the plaintiff had an absolute right to amend the complaint once before a responsive pleading was filed.
• Fed. Deposit Ins. Corp. for Sunrise Sav. & Loan Ass'n v. Hemmerle
  592 So. 2d 1110· Fla. 4th DCA· 1991-10-23 ·cited 21×
  The FDIC, as receiver for a failed savings and loan, appealed a judgment against it on a Second Guaranty claim, arguing that appellees' fraud defenses and counterclaims were barred by the parol evidence rule, merger clause, res judicata, and estoppel by judgment. The court revers
• Gasbarra v. Park-Ohio Indus., Inc.
  655 F.2d 119· 7th Cir.· 1981-07-30 ·cited 21×
  The court held that the plaintiff's claim for fringe benefits was barred by res judicata because the claim arose from the same basic factual situation as a prior lawsuit and could have been litigated then.
• Orange Cnty. v. The City OF Apopka
  299 So. 2d 652· Fla. 4th DCA· 1974-02-22 ·cited 21×
  Orange County and a homeowners association appealed a trial court's declaration that municipalities developing an airport under the Airport Law of 1945 were exempt from county zoning regulations. The Fourth District Court of Appeal reversed, holding that governmental units must c
• In re Credit Indus. Corp.
  366 F.2d 402· 2d Cir.· 1966-08-30 ·cited 21×
  A senior creditor can enforce a subordination agreement in bankruptcy without proving reliance, provided the agreement is lawful and does not interfere with statutory priorities.
• Taylor v. Brindley
  164 F.2d 235· 10th Cir.· 1947-07-28 ·cited 21×
  The court held that the mineral deed and contract created a joint adventure, not a cotenancy, and Stinchcomb, as co-adventurer, lacked the authority to execute an oil and gas lease without Brindley's consent, as such power was not expressly delegated.
• The Bd. of Pub. Instruction for Bay Cnty. v. Cora Stanley Mathis
  132 Fla. 289· Fla.· 1938-03-24 ·cited 21×
  The Florida Supreme Court reversed a lower court dismissal of an equity suit by a school board seeking to impress a trust on life insurance proceeds purchased with misappropriated school funds. The court held that the board's election to sue the surety company was not inconsisten
• Vallejos v. LAN Cargo S.A.
  116 So. 3d 545· Fla. 3d DCA· 2013-06-19 ·cited 20×
  Ernesto Vallejos, a forklift operator injured while dumping a hopper using a makeshift rope, sued his employer's contractor and a subcontractor for negligence and gross negligence after settling his workers' compensation claim. The court affirmed summary judgment for the defendan
• Wheeled Coach Indus., Inc. v. Annulis
  852 So. 2d 430· Fla. 5th DCA· 2003-08-22 ·cited 20×
  In a wrongful death action, the court affirmed the denial of summary judgment on the workers' compensation immunity defense, holding that the widow's mere acceptance of voluntary workers' compensation payments and request to reschedule them did not constitute an election of remed
• Williams v. Peak Resorts Int'l Inc.
  676 So. 2d 513· Fla. 5th DCA· 1996-07-12 ·cited 20×
  Williams and Dwyer sued Peak Resorts for fraud in the inducement and other torts after being hired based on false representations about the company's financial strength, but Peak Resorts later breached the employment contracts. The trial court granted summary judgment dismissing
• Minehart v. Louisville & Nashville R.R. Co.
  731 F.2d 342· 6th Cir.· 1984-04-06 ·cited 20×
  A retaliatory discharge claim by a railroad employee is a 'minor dispute' under the Railway Labor Act and must be resolved through the exclusive administrative remedies provided by the Act, not by a federal court action.
• DeFORD v. Secretary OF Labor
  700 F.2d 281· 6th Cir.· 1983-02-10 ·cited 20×
  The court held that the Secretary erred in disallowing compensatory damages and attorneys' fees related to those damages, and in ordering reinstatement to a 'comparable' position instead of the 'former' position. The court also found the Secretary's creation of administrative lea
• Miller Yacht Sales, Inc. v. Scott
  311 So. 2d 762· Fla. 4th DCA· 1975-05-02 ·cited 20×
  A party electing to retain a deposit as liquidated damages under a contract waives the right to pursue other remedies, such as specific performance or damages for total breach.
• Tecon Eng'rs, Inc. v. The United States
  343 F.2d 943· Ct. Cl.· 1965-04-16 ·cited 20×
  The Court of Claims retains jurisdiction over a claim even if the plaintiff later files suit for the same claim in a district court, as long as the suit in the Court of Claims was filed first.
• Potomac Elec. Power Co. v. Wynn
  343 F.2d 295· D.C. Cir.· 1964-12-21 ·cited 20×
  An employee may bring a third-party action even after the statutory assignment period if the employer-assignee clearly does not intend to bring suit.
• Holland v. Harrison Bros. DRY Dock & Repair Yard, Inc.
  306 F.2d 369· 5th Cir.· 1962-06-28 ·cited 20×
• Solomon v. United States
  276 F.2d 669· 6th Cir.· 1960-04-04 ·cited 20×
  The court held that the evidence was sufficient to support the jury's verdicts and that the trial court properly overruled motions for directed verdicts and a new trial. The court also affirmed the entry of joint and several judgments.