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

• Saenz v. Rigau & Rigau, P.A.
  549 So. 2d 682· Fla. 2d DCA· 1989-08-11 ·cited 12×
  A Peruvian citizen who did not speak English hired an attorney to sell her Florida property for $115,000–$130,000, but the attorney sold it to his mother-in-law for $70,000. The plaintiff obtained rescission from the buyer but lost her damage claims against the attorney. The appe
• Fort Vancouver Plywood Co. v. The United States
  860 F.2d 409· Fed. Cir.· 1988-10-19 ·cited 12×
  The court held that the Board of Contract Appeals had jurisdiction and erred in dismissing the appeal based on comity and judicial efficiency, and that the claim was not barred by election of remedies.
• ST. Paul Fire & Marine Ins. Co. v. Vaughn
  779 F.2d 1003· 4th Cir.· 1985-12-26 ·cited 12×
  The court held that specific malice is not required to establish willful and malicious injury for nondischargeability under 11 U.S.C. § 523(a)(6), and that the debtor's actions constituted such injury.
• Lance v. Wade
  457 So. 2d 1008· Fla.· 1984-08-30 ·cited 12×·via Choice Of Remedies
  The Florida Supreme Court held that class actions cannot be brought based on fraud involving separate contracts, as fraud claims are inherently diverse and require individualized proof of reliance. The Court quashed the Third District's decision allowing mobile home lot purchaser
• McKINNEY v. Gannett Co., Inc.
  694 F.2d 1240· 10th Cir.· 1982-12-09 ·cited 12×
  The trial court's judgment, granting an option for rescission after an accounting and appeal, is final and reviewable, and a decision on the merits would not be an advisory opinion.
• Mariner Water Renaturalizer of Wash., Inc. v. Aqua Purification Sys., Inc.
  665 F.2d 1066· D.C. Cir.· 1981-09-01 ·cited 12×
  The court held that the buyer's claims for breach of warranty and rescission were barred by unreasonable delay in providing notice and electing remedies, and that damages for misrepresentation were properly limited due to insufficient proof.
• GUY James Constr. Co. v. Trinity Indus., Inc.
  644 F.2d 525· 5th Cir.· 1981-05-08 ·cited 12×
  The court held that the election of remedies doctrine did not bar the suit, the early delivery premium was a proper damage element, and liquidated damages were calculated correctly. However, prejudgment interest on the full original claim was improperly awarded, and home office o
• Lyght v. Ford Motor Co.
  643 F.2d 435· 6th Cir.· 1981-03-09 ·cited 12×
  A settlement with a state civil rights agency, which resulted in a promotion but no back pay, does not preclude an employee from pursuing a Title VII claim for back pay in federal court.
• In re Commonwealth Corp. v. Everhart
  617 F.2d 415· 5th Cir.· 1980-05-19 ·cited 12×
  The court held that the district court abused its discretion by denying the bank's motion for leave to amend its claim, as the amendment sought to add particularity to the original claim rather than assert a new cause of action.
• Cordell v. World Ins. Co.
  358 So. 2d 223· Fla. 1st DCA· 1978-04-25 ·cited 12×
  Appellants sued for both damages and rescission of an insurance contract. The trial court ordered them to elect between remedies before the defendant answered or discovery occurred. The appellate court reversed, holding that while plaintiffs cannot recover on inconsistent remedie
• LEW Wenzel & Co. OF S. Cal., Inc. v. London Litho Supply Co., Inc.
  563 F.2d 1367· 9th Cir.· 1977-11-04 ·cited 12×
  The court held that the district court correctly interpreted the prior remand by allowing attorney's fees as statutory costs after Wenzel elected the contract theory, and correctly calculated post-judgment interest.
• Encore, Inc. v. Olivetti Corp. OF Am.
  326 So. 2d 161· Fla.· 1976-01-07 ·cited 12×
  The Florida Supreme Court held that a conditional sales vendor's action for delinquent installments does not constitute an election of remedies that bars a subsequent action for repossession, distinguishing between actions for the entire purchase price (which passes title and pre
• Baldridge v. Hadley
  491 F.2d 859· 10th Cir.· 1974-01-09 ·cited 12×
  The court held that the government's administrative action to recover funds paid under the Soil Bank Act barred a subsequent claim for double damages under the False Claims Act, as the remedies were inconsistent and arose from the same facts.
• Hill v. Gregg
  260 So. 2d 193· Fla.· 1972-03-22 ·cited 12×
  The Florida Supreme Court held that injuries sustained during an employee's discharge are compensable under the Workmen's Compensation Act because discharge is an integral part of the employment relationship, even when the injury occurs off the job site and before the start of th
• Suess v. Stapp
  407 F.2d 662· 7th Cir.· 1969-02-27 ·cited 12×
  A notice of lis pendens is valid when filed with a suit seeking rescission of an oil lease contract and imposition of a constructive trust on proceeds, as oil leaseholds are considered real property under Illinois law.
• Transit Cas. Co. v. Transamerica Ins. Co.
  387 F.2d 1011· 8th Cir.· 1967-12-20 ·cited 12×
  The court held that it was prejudicial error to interject the issue of reinsurance into the trial and that the trial court erred in refusing to submit Count II to the jury.
• Hogue v. Pellerin Laundry Mach. Sales Co., Inc.
  353 F.2d 772· 8th Cir.· 1965-12-21 ·cited 12×
  The court held that the statute of limitations did not bar the restitution claim because rescission and suit occurred within three years of multiple installment defaults, and that the initial replevin action did not estop the plaintiff from seeking restitution as the remedies wer
• Bill Smith, Inc. v. COX
  166 So. 2d 497· Fla. 2d DCA· 1964-07-15 ·cited 12×
  A seller under a conditional sales contract cannot retake possession of the property and then sue the buyer for the deficiency.
• Ringsby Truck Lines, Inc. v. Laurence J. Beardsley
  331 F.2d 14· 8th Cir.· 1964-05-04 ·cited 12×
  A plaintiff who rescinds a fraudulently induced lease cannot subsequently sue in tort for deceit, and such a rescission action, lacking exemplary damages, may not meet the jurisdictional amount for federal court.
• Pulliam v. Gulf Lumber Co., Inc.
  312 F.2d 505· 5th Cir.· 1963-01-17 ·cited 12×
  The court held that the district court erred in requiring the plaintiff to elect between claims and in directing a verdict for the defendant, as the Alabama statute's one-year period was a statute of limitations, not a condition of the right of action.
• Katz v. Kenholtz
  147 So. 2d 342· Fla. 3d DCA· 1962-12-11 ·cited 12×
  A landlord sued a tenant for breach of a commercial lease after the tenant abandoned the premises mid-term. The court affirmed judgment for the landlord, holding that the landlord's acceptance of keys and re-taking possession for the purpose of re-letting did not constitute a sur
• United States v. Hougham
  301 F.2d 133· 9th Cir.· 1962-03-29 ·cited 12×
  The court held that post-judgment interest accrues from the date damages are awarded, not from an earlier judgment date, and that the paid consideration for fraudulently obtained property is not a credit against liquidated damages under § 26(b)(2).
• Mrs. Gladys Noah v. Liberty Mut. Ins. Co.
  265 F.2d 547· 5th Cir.· 1959-03-10 ·cited 12×
  The court holds that the Longshoremen's and Harbor Workers' Act provides a concurrent, not exclusive, remedy with state law, allowing injured workers an election.
• Sears v. Metro. Engravers
  245 F.2d 67· 9th Cir.· 1956-11-27 ·cited 12×
  The court held that a plaintiff may pursue separate actions for fraudulent overcharges against one party and for secret profits against an employee, and that initiating a contract action against the employee does not necessarily bar the fraud action against the other party due to
• Kuhl v. Hayes
  212 F.2d 37· 10th Cir.· 1954-04-13 ·cited 12×
  The court held that the seller did not make an election of remedies by filing a claim in the state court receivership, as the remedy of repossession was likely unavailable and the state court awarded a money judgment.
• Sasse v. United States
  201 F.2d 871· 7th Cir.· 1953-02-18 ·cited 12×
  The Federal Employees' Compensation Act provides an exclusive remedy for federal employees injured in the course of employment, precluding suits under the Tort Claims Act.
• United States Fid. & Guar. Co. v. First Nat. Bank in Dallas
  172 F.2d 258· 5th Cir.· 1949-01-11 ·cited 12×
  The court held that the insurer, as subrogee and assignee, could not recover from the bank because the depositor's election to recover from its surety barred claims against the bank, and the insurer's equities were not superior to the bank's.
• In re Sound v. Sound, Inc.
  171 F.2d 253· 7th Cir.· 1948-12-22 ·cited 12×
  A lessor can waive a lease termination clause triggered by the lessee's bankruptcy by accepting rent payments after the bankruptcy filing.
• Giblin v. State
  158 Fla. 490· Fla.· 1947-02-11 ·cited 12×·via Choice Of Remedies
  Appellant Giblin, who filed an anti-gambling injunction suit, was held in contempt for statements in a motion to dismiss criticizing Judge Milledge's integrity and alleged bias. The Florida Supreme Court reversed, holding that Giblin's statements were privileged when made pursuan
• Mayfield v. First Nat. Bank of Chattanooga
  137 F.2d 1013· 6th Cir.· 1943-08-31 ·cited 12×
  The court held that appellants were barred by the doctrine of election from pursuing individual claims for breach of trust after accepting a pro rata share of a class action settlement, as accepting the settlement affirmed the contract and precluded claims that repudiated it.
• Toomey v. Waterman S. S. Corp.
  123 F.2d 718· 2d Cir.· 1941-11-24 ·cited 12×
• McGriff v. Ried
  37 Fla. 51· Fla.· 1896-01-01 ·cited 12×
  This case concerns whether a court can amend a prior judgment nunc pro tunc to include a writ of possession when the original judgment only awarded damages for the value of the property. The appellate court found that such an amendment was improper because it would create a doubl
• Reid v. Compass Bank
  164 So. 3d 49· Fla. 1st DCA· 2015-05-01 ·cited 11×
  Reid appeals a final judgment finding him indebted to Compass Bank for $619,690.27 on a foreclosed mortgage. The central issue is whether Bank was permitted to file a separate action at law for the deficiency after including a prayer for deficiency in its foreclosure complaint an
• Mena v. J.I.L. Constr. Grp. Corp.
  79 So. 3d 219· Fla. 4th DCA· 2012-02-15 ·cited 11×
  Victor Mena appeals summary judgment orders granting workers' compensation immunity to his employers J.I.L. Construction and Slorp Construction. The court reversed the grant of summary judgment for J.I.L. because genuine issues of material fact remain regarding whether J.I.L. is
• Diamond R. Fertilizer Co., Inc. v. Lake Packing P'ship
  743 So. 2d 547· Fla. 5th DCA· 1999-07-30 ·cited 11×
  Diamond R. Fertilizer Company appeals a summary judgment entered in favor of Lake Packing Partnership and others based on the doctrines of merger and election of remedies. The court reverses, holding that the trial court erred in applying these doctrines because factual issues re
• Century Grp., Inc. v. Premier Fin. Servs. E., L.P.
  724 So. 2d 661· Fla. 2d DCA· 1999-01-15 ·cited 11×
  Century Group appealed a trial court's denial of a protective order that would have stayed discovery in a foreclosure deficiency proceeding. The Florida appellate court reversed the denial of the protective order, holding that Premier should pursue a deficiency judgment hearing b
• Volkswagen OF Am., Inc. v. Smith
  690 So. 2d 1328· Fla. 1st DCA· 1997-03-10 ·cited 11×
  Volkswagen of America appeals the trial court's award of prejudgment interest and attorney's fees in a lemon law case involving a defective 1987 Volkswagen. The court reverses the prejudgment interest calculation, holding that interest should be suspended during the period when V
• Castleglen, Inc. v. Resolution Tr. Corp. for Commonwealth Fed. Sav. Ass'n
  984 F.2d 1571· 10th Cir.· 1993-02-09 ·cited 11×
  The court held that the D'Oench doctrine and FIRREA's statutory counterpart, 12 U.S.C. § 1823(e), bar Castleglen's claims against the RTC, whether characterized as contract defenses or affirmative tort claims, because the alleged misrepresentations constituted fraud in the induce
• United Cos. Fin. Corp. v. Bergelson
  573 So. 2d 887· Fla. 4th DCA· 1990-12-12 ·cited 11×
  United Companies Financial Corporation appealed a trial court decision that awarded appellees ownership of real property in a foreclosure action. The appellate court held that appellees' prior election of a conversion remedy (which yielded monetary damages for the lost property)
• Bliss & Laughlin Indus., Inc. v. Malley
  364 So. 2d 65· Fla. 4th DCA· 1978-11-08 ·cited 11×
  The court held that the trial court erred in allowing plaintiffs to simultaneously pursue rescission of contracts and damages for negligent misrepresentation, as these are inconsistent remedies.
• Cooley v. Rahilly
  200 So. 2d 258· Fla. 4th DCA· 1967-05-29 ·cited 11×
  A settlement and release of a claim against one tortfeasor does not estop a plaintiff from pursuing a separate and distinct claim against another tortfeasor for a different tort, especially when damages have not been fully adjudicated.
• NLG, LLC v. Horizon Hospitality Grp., LLC
  10 F.4th 1244· 11th Cir.· 2021-09-01 ·cited 10×
  The Eleventh Circuit affirmed the district court's dismissal of the appeal, holding that the Rooker-Feldman doctrine did not apply and the appeal was equitably moot due to substantial consummation of the reorganization plan and failure to obtain a stay.
• Princeton Homes, Inc. v. Virone
  612 F.3d 1324· 11th Cir.· 2010-07-30 ·cited 10×
  Princeton Homes sold a pre-construction townhome to the Virones without providing a disclosure summary required by Florida Statute § 720.401 or a printed property report required by the Interstate Land Sales Full Disclosure Act (ILSFDA), 15 U.S.C. § 1701 et seq. The Eleventh Circ
• Pediatrix Med. Grp. OF Fla., Inc. v. Mia Falconer
  31 So. 3d 310· Fla. 4th DCA· 2010-04-07 ·cited 10×
  Pediatrix Medical Group sought certiorari review to quash a trial court's denial of summary judgment, claiming immunity under Florida's Neurological Birth-Related Injury Compensation Plan (NICA). The court granted the petition and remanded, holding that once a claimant accepts NI
• Vasquez v. Sorrells Grove Care, Inc.
  962 So. 2d 411· Fla. 2d DCA· 2007-08-17 ·cited 10×
  The court reversed summary judgment entered against a tort plaintiff who had settled a workers' compensation claim, holding that settling with a workers' compensation carrier does not constitute an election of remedies that bars a subsequent civil tort action when the settlement
• Silver Express Co. v. The Dist. Bd. OF Lower Tribunal Trs. OF Miami-Dade Cmty. Coll.
  691 So. 2d 1099· Fla. 3d DCA· 1997-03-19 ·cited 10×
  Silver Express Company appealed the denial of a temporary injunction seeking to block Miami-Dade Community College from awarding a contract to Husta International Aviation after the College's purchasing committee evaluated proposals in a closed meeting. The court reversed the den
• ACT Corp. v. Devane
  672 So. 2d 611· Fla. 5th DCA· 1996-04-26 ·cited 10×
  The court held that an order denying a motion for summary judgment as premature, pending discovery, is not an appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi).
• Millicent Russell v. Frank H. Furman, Inc.
  629 So. 2d 297· Fla. 4th DCA· 1993-12-22 ·cited 10×
  This is the third appeal in a dispute over insurance coverage following a 1983 automobile accident. The court affirms the summary judgment dismissing the appellants' negligence claim against the insurance agent, holding that the cause of action accrued when the gap in coverage wa
• Bush v. Palm Beach Imports, Inc.
  610 So. 2d 68· Fla. 4th DCA· 1992-12-09 ·cited 10×
  In this fraud case, the trial court improperly required the plaintiff to elect a single remedy and then granted rescission with equitable adjustments for the vehicle's depreciation. The appellate court reversed, holding that rescission is unavailable when parties cannot be restor
• Fraternal Order OF Police v. City OF Miami
  598 So. 2d 89· Fla. 3d DCA· 1992-03-17 ·cited 10×
  The Fraternal Order of Police challenged the City of Miami's refusal to raise wages for police Sergeants and Captains to match the higher rate mistakenly paid to three officers for six months. The court affirmed summary judgment for the City, holding that the FOP's election to pu