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

• Newman v. Avco Corporation-Aerospace Structures Division
  451 F.2d 743· 6th Cir.· 1971-10-27 ·cited 16×
  The court held that an employee's pursuit of arbitration under a collective bargaining agreement does not preclude a subsequent Title VII lawsuit, especially when the arbitration did not fully address or resolve the discrimination claims.
• Clements v. E. AIR Lines, Inc.
  183 So. 2d 264· Fla. 3d DCA· 1966-02-08 ·cited 16×
  The court held that summary judgment for the defendants was proper because the plaintiff failed to raise a genuine issue of material fact regarding the absence of probable cause, an essential element for malicious prosecution.
• Zabel v. Pinellas Cnty. Water & Navigation Control Auth.
  154 So. 2d 181· Fla. 2d DCA· 1963-05-17 ·cited 16×
  Property owners challenged a denial of their dredge-and-fill permit for submerged lands in Boca Ciega Bay. The court affirmed the administrative denial on the merits while reversing the trial court's finding that the owners were estopped from challenging the constitutionality of
• Hohauser v. Mrs. George Schor
  101 So. 2d 169· Fla. 3d DCA· 1958-03-11 ·cited 16×
  The court addresses whether a plaintiff suing against both an agent and an undisclosed principal must elect which party to hold liable before the jury decides the case. The court holds that when the agency relationship is contested and submitted to the jury, the plaintiff may pos
• Am. Locomotive Co. v. Gyro Process Co.
  185 F.2d 316· 6th Cir.· 1950-11-24 ·cited 16×
  A party's extensive participation in litigation, including discovery and preparation for trial, constitutes a waiver of its contractual right to arbitration, even if it initially asserted that right.
• Bagwell v. Susman
  165 F.2d 412· 6th Cir.· 1947-12-15 ·cited 16×
  The court held that the buyer's return of some defective goods did not constitute a rescission of the contract, allowing them to sue for damages for breach of warranty. The court also found that the alleged trade custom and illegality defenses were not sufficiently proven or plea
• United States v. Marine
  155 F.2d 456· 4th Cir.· 1946-05-11 ·cited 16×
  A United States Customs Inspector injured due to the unseaworthiness of a U.S. merchant vessel can sue the United States under the Suits in Admiralty Act, even if covered by the Employees' Compensation Act, provided they have not elected to receive compensation benefits.
• Weathers v. Irwin Cauthen
  152 Fla. 420· Fla.· 1943-02-23 ·cited 16×
  This case addresses whether an employer can sue a third-party tortfeasor for damages when the injured employee accepted workers' compensation benefits without providing the statutory notice required by Florida's Workmen's Compensation Law. The court held that the notice requireme
• Viles v. Prudential Ins. Co. of Am.
  124 F.2d 78· 10th Cir.· 1941-10-29 ·cited 16×
  The court held that the beneficiary was properly stricken as a party plaintiff because her interest was a contingent expectancy, and that the insured was barred by res judicata from pursuing his claim due to a prior adverse judgment on the merits.
• Levitt-Ansca Towne Park P'ship v. Smith & Co., Inc.
  873 So. 2d 392· Fla. 4th DCA· 2004-04-14 ·cited 15×
  The court held that the jury's damage award was impermissibly speculative and included improperly calculated damages, requiring a new trial on damages.
• Golf Club OF Plantation, Inc. v. City OF Plantation
  717 So. 2d 166· Fla. 4th DCA· 1998-09-16 ·cited 15×
  Golf Club of Plantation appealed the trial court's dismissal of its takings claims against the City of Plantation, which had denied permits for residential development and course improvements citing open-space preservation policies. The appellate court reversed the dismissals of
• Smith v. Frank Griffin Volkswagen Inc.
  645 So. 2d 585· Fla. 1st DCA· 1994-11-22 ·cited 15×
  Smith sought to recover damages for a defective Volkswagen from both the dealer (Griffin) and manufacturer (Volkswagen). After his initial election of remedies against Griffin proved ineffective on appeal, Smith sought to make a further election. The court reversed the trial cour
• Goldstein v. Serio
  566 So. 2d 1338· Fla. 4th DCA· 1990-09-05 ·cited 15×
  Phyllis Goldstein appealed the trial court's order requiring her to elect remedies before trial, which forced her to abandon her jury trial right and proceed on only a rescission claim in a bench trial. The Fourth District Court of Appeal reversed, holding that the election of re
• Buckley v. City OF Miami Beach
  559 So. 2d 310· Fla. 3d DCA· 1990-04-03 ·cited 15×
  In this long-running eminent domain dispute, the Florida District Court of Appeal affirmed summary judgment for the City of Miami Beach, rejecting Amelia King Buckley's claims for additional compensation based on the date of taking and her constitutional challenges to Chapter 73,
• Maserati Automobiles Inc. & Alfieri Maserati v. Caplan
  522 So. 2d 993· Fla. 3d DCA· 1988-03-29 ·cited 15×
  Maserati appeals a jury verdict awarding damages to Caplan for sale of a defective vehicle under the Lemon Law and other warranty theories. The court affirms the damages award but reverses and remands the attorney's fees determination, holding that the trial court improperly base
• Quality Type & Graphics v. Guetzloe
  513 So. 2d 1110· Fla. 5th DCA· 1987-10-15 ·cited 15×
  Quality Type & Graphics sued Guetzloe on an account stated theory and lost at trial. The plaintiff then filed a second suit based on quantum meruit for the same transaction. The Florida appellate court affirmed the trial court's dismissal based on res judicata, holding that a pla
• LAW Offs. OF Harold Silver, P.A. v. Farmers Bank & Tr. Co. OF Ky.
  498 So. 2d 984· Fla. 1st DCA· 1986-12-03 ·cited 15×
  The court held that the statutory remedy for damages against a third-party garnishor does not preclude a subsequent common law action for malicious prosecution, and res judicata does not bar such an action.
• United States v. Weiss Pollution Control Corp.
  532 F.2d 1009· 5th Cir.· 1976-06-04 ·cited 15×
  A subcontractor's agreement to arbitrate disputes does not waive its right to bring a subsequent Miller Act suit on the payment bond, and such a suit should be stayed pending arbitration, not dismissed.
• Bayfront Med. Ctr., Inc. v. Division OF Administrative Hearings
  841 So. 2d 626· Fla. 2d DCA· 2003-04-04 ·cited 14×
  The ALJ exceeded his statutory duties by determining issues beyond the compensability of the injury, specifically regarding the election of remedies and the exclusivity of the NICA plan's remedy.
• City OF Miami Beach v. Carner
  579 So. 2d 248· Fla. 3d DCA· 1991-04-30 ·cited 14×
  In this breach of contract case involving a marina lease, the Florida District Court of Appeal reversed multiple summary judgments and a jury verdict, finding that genuine issues of material fact precluded summary judgment on most breach claims and that the trial court committed
• UNR Indus., Inc. v. The United States
  911 F.2d 654· Fed. Cir.· 1990-07-30 ·cited 14×
  The dissent argues that 28 U.S.C. § 1500's jurisdictional bar applies if the same claim is pending in another court when the Claims Court suit is filed, regardless of subsequent events.
• Midcoast Aviation, Inc. v. Gen. Elec. Credit Corp.
  907 F.2d 732· 7th Cir.· 1990-07-24 ·cited 14×
  The court should have instructed the jury on the defendant's theory of the case regarding officious and gratuitous services.
• Delmus Punton v. The City OF Seattle
  805 F.2d 1378· 9th Cir.· 1986-12-09 ·cited 14×
  The Washington state court judgment reinstating Punton and awarding back pay does not preclude him from bringing a separate § 1983 action for damages and attorney's fees.
• L.J. McCRAY v. Murray
  423 So. 2d 559· Fla. 1st DCA· 1982-12-15 ·cited 14×
  In this breach of contract case, McCray appeals the trial court's jury instruction on damages for his failure to complete a fish pond construction project. The appellate court affirms, holding that the instruction properly allowed the jury to award damages based on the cost of re
• Erwin v. Morgan Scholfield and Doris D. Scholfield
  416 So. 2d 478· Fla. 5th DCA· 1982-06-09 ·cited 14×
  Sellers of a condominium sought to recover a buyer's deposit as liquidated damages after the buyers allegedly breached the purchase contract. The court held that sellers may pursue alternative remedies (specific performance, breach damages, and liquidated damages) simultaneously
• Roberts v. Sears
  617 F.2d 460· 7th Cir.· 1980-03-12 ·cited 14×
  The court held that the plaintiff's election of a legal remedy for past damages barred further equitable relief for the same period, but did not preclude the return of patent rights for future benefits.
• Hialeah, Inc. v. B & G Horse Transp., Inc.
  368 So. 2d 930· Fla. 3d DCA· 1979-03-09 ·cited 14×
  B & G Horse Transportation sought a temporary injunction to prevent competitors from operating an intertrack horse transportation service without obtaining a certificate from the Florida Public Service Commission. The court reversed the injunction, holding that Section 323.24 aut
• Chenette v. Trs. OF Iowa Coll.
  431 F.2d 49· 8th Cir.· 1970-08-27 ·cited 14×
  The court held that the stipulated facts did not unambiguously establish the conditions required by Minnesota statute for barring the plaintiff's negligence suit, and thus summary judgment was improperly granted.
• Cobia v. The United States
  384 F.2d 711· 10th Cir.· 1967-10-30 ·cited 14×
  Acceptance of compensation under the Federal Employees Compensation Act (FECA) forecloses recovery under the Federal Tort Claims Act (FTCA) for the same injuries.
• Merritt-Chapman & Scott Corp. v. Frazier
  289 F.2d 849· 9th Cir.· 1961-04-18 ·cited 14×
  The court held that the District Court had jurisdiction, that the plaintiff's election of remedies was valid, and that the trial court did not err in its rulings regarding evidence, jury instructions, impleader, or the excessiveness of the verdict.
• Shirley v. Lake Butler Corp.
  123 So. 2d 267· Fla. 2d DCA· 1960-08-24 ·cited 14×
  Walter Shirley sought specific performance of a contract to purchase 5,800 acres of land after it was assigned to him from Kelley George, who had contracted with Lake Butler and A.B.E. The court affirmed dismissal of the specific performance claim based on laches, but remanded fo
• United States for the use & benefit of Frank A. Trucco & Sons Co. v. Bregman Constr. Corp.
  256 F.2d 851· 7th Cir.· 1958-06-20 ·cited 14×
  The court held that by filing a lawsuit for damages against the subcontractor's surety, the general contractor waived its right to demand arbitration of the dispute under the subcontract.
• In re Inland GAS Corp.
  187 F.2d 813· 6th Cir.· 1951-03-19 ·cited 14×
  The court held that the plan of reorganization must be amended to subordinate Columbia's claims to those of public holders of securities backed by Inland stock, recognizing their creditor status.
• Brown v. Cowden Livestock Co.
  187 F.2d 1015· 9th Cir.· 1951-03-12 ·cited 14×
  The court held that the appellee's settlement with Adams on July 16th, which involved accepting his checks and extending credit, constituted an abandonment of any claim against the appellants and created a debtor-creditor relationship solely with Adams, thus relieving appellants
• Mullen v. Fitz Simons & Connell Dredge & Dock Co.
  172 F.2d 601· 7th Cir.· 1948-12-30 ·cited 14×
  Seamen may join claims for maintenance and cure with claims under the Jones Act in a single federal court action.
• Militano v. United States
  156 F.2d 599· 2d Cir.· 1946-07-09 ·cited 14×
  The court held that the dismissal of the libel against the United States was correct due to the election of remedies under the Federal Employees' Compensation Act, but the dismissal of the action against the agent, States Marine Corporation, was reversed and remanded for further
• Howard v. Chicago
  146 F.2d 316· 8th Cir.· 1945-01-08 ·cited 14×
  The court held that a prior judgment awarding damages for loss of seniority rights was res judicata and barred a subsequent action for reinstatement and further damages, and that the action was also barred by the statute of limitations.
• BIG Cola Corp. v. World Bottling Co.
  134 F.2d 718· 6th Cir.· 1943-04-08 ·cited 14×
  A contract is void for lack of mutuality if one party has an unqualified right to cancel at will, especially when the other party has no express or implied obligation to perform.
• Charles v. Young
  74 Fla. 298· Fla.· 1917-11-14 ·cited 14×
  Stockholders of Hart Lumber Company challenged a judgment holding them personally liable for corporate debts under Florida law due to the corporation's failure to file required affidavits about paid capital stock. The Florida Supreme Court affirmed, holding that creditors who dea
• Zeeuw v. BFI Waste Sys. OF N. Am., Inc.
  997 So. 2d 1218· Fla. 2d DCA· 2008-12-31 ·cited 13×
  Christian Zeeuw was struck by a garbage truck owned by BFI and sued for negligence. BFI sought summary judgment based on workers' compensation immunity, claiming Zeeuw was a borrowed employee. The court reversed, finding disputed issues of material fact regarding Zeeuw's employme
• In re Hallahan v. Hallahan
  936 F.2d 1496· 7th Cir.· 1991-07-10 ·cited 13×
  The court held that the restrictive covenant was enforceable under Missouri law, the damages were sufficiently proven, and the debtor had no right to a jury trial in the bankruptcy court for a dischargeability proceeding.
• Metro. Dade Cnty. v. Dade Cnty. Ass'n OF Firefighters
  575 So. 2d 289· Fla. 3d DCA· 1991-02-26 ·cited 13×
  Metropolitan Dade County appealed a summary judgment requiring it to reinstate a discharged firefighter based on an arbitration award. The court reversed, holding that a discharged civil service employee who pursues a civil service appeal is statutorily precluded from subsequentl
• Pierre Villeneuve for Lehman Mfg. (Canada), Ltd. v. Atlas Yacht Sales, Inc.
  483 So. 2d 67· Fla. 4th DCA· 1986-02-05 ·cited 13×
  Barbe recovered a default judgment for treble damages against Tashea and Atlas based on theft of yacht purchase funds, then sought to recover the substitute yacht from Villeneuve in a separate counterclaim. The court held Barbe's election to pursue the money judgment precluded re
• Kirby v. Dole
  736 F.2d 661· 11th Cir.· 1984-07-17 ·cited 13×
  A party who settles a claim and then invokes a contract provision allowing reinstatement of the claim upon breach cannot pursue both the settlement benefits and the original claim.
• Wolfe v. AETNA Ins. Co. & Ricker-Horn, Inc.
  436 So. 2d 997· Fla. 5th DCA· 1983-08-04 ·cited 13×
  Wolfe appealed from a judgment awarding him damages for negligence against his insurance broker Ricker-Horn and insurer Aetna after a tornado destroyed his Executive Suites Motel buildings. The court reversed the directed verdict on Wolfe's breach of contract claim, finding jury
• Se. Foods, Inc. v. Penguin Frozen Foods
  203 So. 2d 39· Fla. 3d DCA· 1967-09-26 ·cited 13×
  Southeast Foods and National Freezers appeal from a bench trial judgment awarding frozen shrimp to Penguin Frozen Foods. The court held that Southeast, knowing of the intermediary's bad reputation and having opportunity to prevent the loss, must bear the loss when the intermediar
• A. J. Armstrong Co., Inc. v. Romanach
  165 So. 2d 817· Fla. 3d DCA· 1964-06-09 ·cited 13×
  The court held that the Florida proceedings should be stayed pending the conclusion of a prior action in Texas involving the same subject matter.
• Wm. W. Jackson v. H. W. Wade Mfg. Co., Inc.
  102 Fla. 970· Fla.· 1931-09-19 ·cited 13×
  The Florida Supreme Court reversed an order appointing a receiver over personal property claimed under a chattel mortgage/conditional sales contract. The court held that a vendor who retains title to property sold under a conditional sales contract cannot pursue both repossession
• Townsend v. Conshor, Inc.
  832 So. 2d 166· Fla. 2d DCA· 2002-11-08 ·cited 12×
  Tyrone Townsend, an employee injured in a fall from a construction site, appealed summary judgment against him in his suit against his employer BCBE and railing manufacturer Conshor. The court affirmed the dismissal of negligence claims against BCBE based on workers' compensation
• S & S Toyota, Inc. v. Kirby
  649 So. 2d 916· Fla. 5th DCA· 1995-02-03 ·cited 12×
  S & S Toyota sold Carrie Kirby a used vehicle represented as having 26,000 miles when it actually had significantly higher mileage. The trial court awarded compensatory and punitive damages but reduced them through remittitur. On appeal, the Fifth District affirmed the punitive d