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

• Lumbermens Mut. Cas. Co. v. Klotz
  251 F.2d 499· 5th Cir.· 1958-01-14 ·cited 20×
  The court held that the insurer's attempt to rescind the policy based on alleged misrepresentations was unsuccessful, and the insured's subsequent actions did not constitute an acceptance of anticipatory breach, thus entitling him to accrued benefits and statutory penalties.
• Jack Mann Chevrolet Co. v. Assocs. Inv. Co.
  125 F.2d 778· 6th Cir.· 1942-02-11 ·cited 20×
  A settlement agreement procured by fraud is voidable, not void, and requires affirmative action to rescind; without rescission, it serves as a valid defense to claims arising from the original transaction.
• Gibson v. The Am. Ins. Co.
  146 Fla. 171· Fla.· 1941-02-14 ·cited 20×
  Gibson, as assignee of Miller, sought reformation of an insurance policy issued to Miller but with loss payable to Meerdink. The lower court dismissed the complaint based on res adjudicata and election of remedies arising from a prior common law action by Meerdink against the ins
• New Amsterdam Cas. Co. v. James
  122 Fla. 710· Fla.· 1935-12-20 ·cited 20×
  New Amsterdam Casualty Company appealed a judgment awarding burglary insurance policy proceeds to the insured defendants. The Florida Supreme Court affirmed the judgment, rejecting the insurer's challenges to expert witness qualification, evidence of diamond values, attorney's fe
• Ziegler v. Lawford G. Brown
  112 Fla. 421· Fla.· 1933-10-19 ·cited 20×
  The Florida Supreme Court affirmed the probate of Hattie Sutton's will dividing her real estate between her niece (appellant) and a longtime family friend (appellee), rejecting challenges based on undue influence, lack of capacity, and improper execution. The Court also held that
• Courtright v. Tunnicliffe
  104 Fla. 720· Fla.· 1932-04-14 ·cited 20×
  The Florida Supreme Court affirmed the dismissal of a bill of complaint by bank depositors seeking to amend their filed common creditor claim to assert a preference claim for special deposit funds after the statutory period for filing claims had expired. The Court held that amend
• BAC Home Loans Servicing, Inc. v. de Headley
  130 So. 3d 703· Fla. 3d DCA· 2013-11-20 ·cited 19×
  In this foreclosure case, the trial court granted a default judgment awarding equitable relief (declaring the mortgage null and void and quieting title) based on the defendants' misrepresentations in their motion for final judgment. The appellate court reversed, holding that a de
• Whitby v. Infinity Radio Inc.
  951 So. 2d 890· Fla. 4th DCA· 2007-01-24 ·cited 19×
  Elena Whitby, a radio personality who worked for WEAT-FM, breached her non-compete covenant by moving to competitor WRMF-FM. The trial court granted summary judgment on enforceability of the non-compete, directed a verdict against Whitby's counterclaim for wrongful injunction, an
• Sec. & Inv. Corp. of the Palm Beaches v. Droege
  529 So. 2d 799· Fla. 4th DCA· 1988-08-10 ·cited 19×
  Security and Investment Corporation appealed a judgment denying it foreclosure rights on a mortgage secured by an incomplete home construction project. The court affirmed, holding that the doctrine of election of remedies did not bar the Droeges from defending the foreclosure des
• Rector v. Larson's Marine, Inc.
  479 So. 2d 783· Fla. 2d DCA· 1985-11-15 ·cited 19×
  The court held that the trial court erred in awarding only nominal damages for breach of contract when the proper measure of damages was the difference between the value of the boat if repaired and its salvage value, to avoid economic waste.
• Rolf's Marina, Inc. v. Rescue Serv. & Repair, Inc.
  398 So. 2d 842· Fla. 3d DCA· 1981-04-21 ·cited 19×
  Rolf's Marina purchased a marina business from the Gagnons with a purchase money mortgage, based on a contract warranting proper zoning. When the zoning was found improper, Rolf's sued for rescission or damages for breach and fraudulent misrepresentation. The trial court forced a
• Strozier v. Gen. Motors Corp. (Lakewood Assembly Plant)
  635 F.2d 424· 5th Cir.· 1981-01-27 ·cited 19×
  A voluntary settlement of claims, and an arbitration award that provides full equivalent relief, will bar subsequent litigation of those claims under Title VII and § 1981.
• Cliff MAY v. Morganelli-Heumann & Assocs.
  618 F.2d 1363· 9th Cir.· 1980-05-15 ·cited 19×
  The court held that the trial court erred in granting summary judgment because genuine disputes of material fact exist regarding the interpretation of the contract and the applicable customs and usages in the architectural profession, which are necessary to determine copyright ow
• Beaty v. Inlet Beach, Inc.
  151 Fla. 495· Fla.· 1942-09-29 ·cited 19×
  A Florida Supreme Court case concerning title to property at Inlet Beach, with a complex procedural history involving tax deeds, mortgage foreclosure, and dissolution of a corporate property owner. The court upheld Inlet Beach, Inc.'s title based on a mortgage foreclosure, findin
• Michael v. Centex-Rooney Constr. Co., Inc.
  645 So. 2d 133· Fla. 4th DCA· 1994-11-16 ·cited 18×
  Michael, an employee of a kitchen cabinet subcontractor, was injured at a construction project and received a $6,500 lump-sum workers' compensation settlement after an initial denial. He then sued the general contractor in civil court. The court affirmed summary judgment against
• White v. Zvi Grinfas
  809 F.2d 1157· 5th Cir.· 1987-02-12 ·cited 18×
  A broad settlement agreement and mutual release, entered into by sophisticated parties represented by counsel, bars subsequent claims for defects unknown at the time of the agreement, absent fraud.
• Newport News Shipbuilding & DRY Dock Co. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor & Sammy J. Jenkins
  583 F.2d 1273· 4th Cir.· 1978-09-21 ·cited 18×
  The court held that pursuing a state workers' compensation claim does not bar a subsequent federal claim under the Longshoremen's and Harbor Workers' Compensation Act, and the claim was timely filed.
• Foster v. Fin. Tech. Inc.
  517 F.2d 1068· 9th Cir.· 1975-04-30 ·cited 18×
  The court held that plaintiffs' forbearance from suing for 75 days constituted consideration recoverable under Section 12(1) of the Securities Act, and that consequential damages may be recoverable under Rule 10b-5 for losses incurred due to defendants' misrepresentations.
• Carleton E. Hauser and Betty Jo Hauser v. van Zile
  269 So. 2d 396· Fla. 4th DCA· 1972-11-22 ·cited 18×
  Plaintiffs purchased real property after defendants allegedly made fraudulent misrepresentations about its permitted use as a mobile home park, discovered the misrepresentation two days after closing, and elected to rescind. The court affirmed dismissal of their complaint for fai
• Georgianna Hill Stone v. City OF Maitland
  446 F.2d 83· 5th Cir.· 1971-08-04 ·cited 18×
  Municipal zoning ordinances requiring minimum frontage and distance between gas stations are constitutional as they rationally relate to legitimate public interests like traffic control and aesthetics, even if other businesses create similar issues.
• Cutler Gate Bldg. Corp. v. United States Leasing Corp.
  165 So. 2d 207· Fla. 3d DCA· 1964-06-16 ·cited 18×
  The court reversed a summary judgment for a lessor seeking the full remaining balance of a three-year equipment lease after the lessee returned the equipment within three months. The court held that when a lessor takes possession of leased equipment, it must elect whether to term
• Berger v. State Farm Mut. Auto. Ins. Co.
  291 F.2d 666· 10th Cir.· 1961-05-24 ·cited 18×
  The court held that the plaintiff made a binding election of remedies under Kansas law by unequivocally denying the validity of a release in her initial suit, thus barring her subsequent suit against the insurer based on the fraudulent procurement of that same release.
• Blair v. United States
  147 F.2d 840· 8th Cir.· 1945-02-05 ·cited 18×
  The dissenting judge believes the subcontractor should recover both out-of-pocket costs and the rental value of idle equipment due to contract cancellation.
• Lovejoy Co. v. Ackis
  153 Fla. 876· Fla.· 1944-01-04 ·cited 18×
  A widow claimed workers' compensation death benefits after her husband was killed in a car accident while employed, but she also sued the third parties responsible and settled that lawsuit without notifying her employer. The Florida Supreme Court reversed the lower court's award
• Ky. Natural Gas Corp. v. Ind. GAS & Chem. Corp. (two cases)
  129 F.2d 17· 7th Cir.· 1942-07-06 ·cited 18×
  A party who attempts to repudiate a contract but then insists it remains in force, and whose adversary treats it as such, cannot later claim the contract was discharged by the initial repudiation, especially when the adversary has not materially changed their position.
• Floro Realty & Inv. Co. v. Steem Elec. Corp.
  128 F.2d 338· 8th Cir.· 1942-05-25 ·cited 18×
  A lessor who elects to cancel a lease and take possession of the premises cannot claim future rents, and a deposit securing rent is returnable if not applied to accrued rent.
• Jetta Crawford v. Dewing Woodward
  140 Fla. 38· Fla.· 1939-09-15 ·cited 18×
  This case addresses whether a plaintiff can pursue a deficiency judgment in a separate legal action after waiving that right in a prior mortgage foreclosure suit. The court held that such an action is barred if the plaintiff explicitly abandons the claim for a deficiency decree d
• Gralynn Laundry, Inc. v. The Va. Bond & Mortg. Corp.
  121 Fla. 312· Fla.· 1935-10-29 ·cited 18×
  In this 1935 Florida case, a bondholder sought to foreclose a trust deed securing bonds issued by a laundry company, while a machinery supplier asserted retained-title contracts in the same property. The court upheld the bondholder's right to attorney's fees and priority status b
• Commercial Credit Co., Inc. v. Miller
  111 Fla. 554· Fla.· 1933-07-27 ·cited 18×
  A finance company holding a conditional sales contract for an automobile sought to replevin the vehicle after the buyer defaulted on installment payments. The Florida Supreme Court reversed the trial court's judgment, holding that the creditor's temporary repossession to collect
• Agritrade, LP v. Quercia
  253 So. 3d 28· Fla. 3d DCA· 2017-11-29 ·cited 17×
  Agritrade entities and a member appealed summary judgments and a jury verdict in favor of lenders Quercia and Agro Supply arising from a $15 million loan dispute. The court affirmed most judgments but reversed the summary judgment in favor of Agro Supply on the lost promissory no
• Hernandez v. United Contractors Corp.
  766 So. 2d 1249· Fla. 3d DCA· 2000-09-27 ·cited 17×
  Maria Minerva Hernandez appeals a summary judgment granting tort immunity to United Contractors Corp. as the statutory employer of her deceased common-law husband. The court reverses, holding that neither Hernandez nor the minor children effectively elected the workers' compensat
• Turkey Creek, Inc. v. Javier H. Londono, M.D.
  567 So. 2d 943· Fla. 1st DCA· 1990-09-12 ·cited 17×
  Turkey Creek, Inc. and its president appealed the dismissal of their complaint against residents who allegedly made false statements about the PUD's marketability, interfering with Turkey Creek's business relationships. The First District reversed, holding that the slander of tit
• Hilsenroth v. Kessler
  446 So. 2d 147· Fla. 3d DCA· 1983-12-06 ·cited 17×
  The court found that a buyer was entitled to compensatory damages for breach of contractual warranties and fraud and deceit, and also awarded punitive damages against one seller.
• Kamakazi Music Corp. v. Robbins Music Corp.
  684 F.2d 228· 2d Cir.· 1982-07-20 ·cited 17×
  The court held that the federal court had jurisdiction over a copyright infringement claim, even when a contract dispute was raised as a defense, and that an arbitrator could award attorney's fees under the Copyright Act.
• In re Teltronics, Ltd. v. Kemp
  649 F.2d 1236· 7th Cir.· 1981-06-02 ·cited 17×
  Money held by a state court receiver under the Illinois Consumer Fraud Act, acquired through the bankrupt's fraud, is not property of the bankrupt's estate and thus not subject to surrender to the bankruptcy trustee.
• Tucker v. Tex. Co.
  203 F.2d 918· 5th Cir.· 1953-04-27 ·cited 17×
  The court held that the question of whether the work contracted for was part of the defendant's trade, business, or occupation presented a genuine issue of material fact, precluding summary judgment.
• Craigside, LLC v. GDC View, LLC
  74 So. 3d 1087· Fla. 1st DCA· 2011-07-22 ·cited 16×
  Craigside LLC sued GDC View LLC for breach of a preconstruction condominium purchase agreement, seeking return of $1.125 million paid and interest. The trial court ruled for GDC, finding no breach. The appellate court reversed in part, holding that while Craigside's anticipatory
• Romine v. Fla. Birth Related Neurological Injury Comp. Ass'n
  842 So. 2d 148· Fla. 5th DCA· 2003-02-14 ·cited 16×
  The Romines appealed an administrative order denying NICA benefits to their daughter Loren, who suffered a birth-related neurological injury. The central issue was whether a 1998 statutory amendment barring NICA benefits to claimants who previously recovered in civil settlements
• Acadia P'rs, L.P. v. Tompkins
  673 So. 2d 487· Fla. 5th DCA· 1996-03-22 ·cited 16×
  Acadia Partners filed two separate actions arising from the same underlying transaction: one for breach of a credit agreement (319 action) and another for fraud and related tort claims (320 action). The trial court granted summary judgment dismissing the 320 action based on res j
• Kathey Marchand Stipelcovich v. Sand Dollar Marine, Inc.
  805 F.2d 599· 5th Cir.· 1986-12-12 ·cited 16×
  The court held that the district court did not err in finding the settlement agreements severable and in denying the motion to reinstate the original suit.
• Ferraro v. Marr
  490 So. 2d 188· Fla. 2d DCA· 1986-06-20 ·cited 16×
  The court held that the plaintiff's knowing application for workers' compensation benefits and his attorney's stipulation did not constitute an election of remedies or estoppel, thus reinstating the final judgment in favor of the plaintiff.
• Taylor Rental Corp. v. J.I. Case Co.
  749 F.2d 1526· 11th Cir.· 1985-01-10 ·cited 16×
  The court held that an award of damages for conversion does not constitute an impermissible double recovery when a secured party pursues cumulative remedies, and that trade-in value can support a damages award in a conversion action if the defendant fails to present contrary evid
• Monco OF Orlando, Inc. v. ITT Indus. Credit Corp.
  458 So. 2d 332· Fla. 5th DCA· 1984-10-04 ·cited 16×
  Monco appeals a judgment for ITT on a civil theft count after Monco was required to elect remedies before trial among replevin, conversion, and civil theft claims arising from ITT's possession of Monco's milling machine. The court holds that election between inconsistent remedies
• In re Forfeiture of the following described Prop.: Alcoholic Beverages Seized From Saul's Elks Club ON June 30 v. Cobb
  440 So. 2d 65· Fla. 1st DCA· 1983-11-10 ·cited 16×
  Florida's forfeiture statute (Chapter 932) authorized civil proceedings against alcoholic beverages seized for illegal sale even after criminal prosecution under Chapter 562 was dismissed. The court held that criminal and civil forfeiture remedies are not mutually exclusive, and
• United States v. Thomas
  709 F.2d 968· 5th Cir.· 1983-07-18 ·cited 16×
  The court affirmed the district court's grant of summary judgment, holding that the doctrine of election of remedies did not bar the action and that collateral estoppel was properly applied based on prior criminal convictions.
• Stewart v. United States
  716 F.2d 755· 10th Cir.· 1982-12-28 ·cited 16×
  The court held that subject matter jurisdiction existed for the pendent party claim against Nuss and that the United States was immune from suit as a statutory employer under Colorado law.
• Fed. Deposit Ins. Corp. v. Eckhardt
  691 F.2d 245· 6th Cir.· 1982-10-19 ·cited 16×·via Choice Of Remedies
  The court held that the FDIC's action to enforce the personal agreement was not barred by res judicata, as it constituted a different cause of action than the prior mortgage foreclosure suit under Ohio law.
• Simpson v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, Bath Iron Works Corp., & Am. Mut. Liab. Ins. Co.
  681 F.2d 81· 1st Cir.· 1982-06-23 ·cited 16×
  The court held that the Supreme Court's decision in Calbeck v. Travelers Insurance Co. should be applied retroactively to workers' injuries that antedated the decision, as the presumption of retroactivity was not overcome by the Chevron Oil factors.
• N. K. Parrish, Inc. v. Sw. Beef Indus. Corp.
  638 F.2d 1366· 5th Cir.· 1981-03-13 ·cited 16×
  The court held that the appellant was bound by its decision to appeal only a portion of the judgment, thus waiving the right to elect to pursue the undisclosed principal on appeal.
• United States v. Pomponio
  635 F.2d 293· 4th Cir.· 1980-11-26 ·cited 16×
  The court held that the district court erred in dismissing the government's claims under section 6672, as the government established a prima facie case and the defendants failed to rebut it, and the claims were not barred by the doctrine of election of remedies or the prohibition