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

• Exxon Co. v. Banque de Paris et des Pays-Bas
  828 F.2d 1121· 5th Cir.· 1987-10-08 ·cited 10×
  The court held that conflicting provisions in a letter of credit must be construed to allow for performance, and inconsistencies are resolved against the drafter.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Cypher v. Segal
  501 So. 2d 112· Fla. 4th DCA· 1987-01-21 ·cited 10×
  A police officer sued for malicious prosecution after his attorney obtained a cost judgment in a prior unsuccessful suit against him. The court held that the election to recover costs in the first action barred a subsequent malicious prosecution suit, applying the common law rule
• Ava R. Martinez and Howard Barnes v. Gen. Ins. Co.
  483 So. 2d 892· Fla. 3d DCA· 1986-03-04 ·cited 10×
  An insurer's retention of the pro-rated premium after discovering a material omission does not preclude it from denying coverage for a loss unrelated to the omission.
• Crutcher v. The AETNA Life Ins. Co.
  746 F.2d 1076· 5th Cir.· 1984-11-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying Crutcher's Rule 60(b) motion to set aside the judgment and in dismissing his counterclaims, as he failed to demonstrate a meritorious defense or lack of opportunity to present his case.
• Wiggins v. Parson
  446 So. 2d 169· Fla. 5th DCA· 1984-02-02 ·cited 10×
  This case of first impression in Florida addresses whether a joint owner's complete withdrawal of funds from a jointly-owned credit union account severs the right of survivorship. The court held that withdrawal and placement of funds beyond the other joint owner's control destroy
• Martin v. United States
  566 F.2d 895· 4th Cir.· 1977-12-22 ·cited 10×
  The court held that an employee's acceptance of voluntarily initiated compensation payments does not preclude her from pursuing a tort action, especially when recovery in tort would be offset by compensation received.
• Denison Mines v. Mich. Chem. Corp.
  469 F.2d 1301· 7th Cir.· 1972-11-01 ·cited 10×
  A seller's minor deviations from contract specifications do not constitute a material breach justifying repudiation under Ontario law, and fraud requires reliance and detriment. A buyer's wrongful repudiation followed by the seller's election to continue the contract does not exc
• Swindel v. Gen. Fin. Corp. OF Fla.
  265 So. 2d 393· Fla. 1st DCA· 1972-08-15 ·cited 10×
  This case addresses whether a creditor who repossesses and sells a motor vehicle upon default can obtain a deficiency judgment against the debtor. The court held that under the Uniform Commercial Code and the security agreement terms, the doctrine of election of remedies does not
• Texaco Inc. v. The Liberty Nat'l Bank & Tr. Co. OF Okla. City
  464 F.2d 389· 10th Cir.· 1972-08-01 ·cited 10×
  The court held that the trial court erred in granting summary judgment and should have stayed proceedings pending determination by the Bankruptcy Court, as the Bankruptcy Court has exclusive jurisdiction over matters involving potential preferential transfers and the debtor's est
• Watson v. Chase Chem. Corp.
  249 So. 2d 53· Fla. 1st DCA· 1971-06-10 ·cited 10×
  Watson, a distributor of Chase Chemical's product, sued for damages based on alleged fraudulent inducement to enter a distribution contract containing an arbitration clause. The court affirmed dismissal of Watson's complaint, holding that by suing for breach of contract damages r
• Bird & Sons, Inc. v. The United States
  420 F.2d 1051· Ct. Cl.· 1970-01-23 ·cited 10×
  The court held that the plaintiff's claims for unliquidated damages arising from a breach of contract are within the court's jurisdiction and that the plaintiff did not waive its right to seek relief by pursuing remedies under the Foreign Claims Act.
• Zirinsky v. Sheehan
  413 F.2d 481· 8th Cir.· 1969-07-14 ·cited 10×
  Statutory cancellation of a real estate contract does not bar a defaulting vendee's claim for unjust enrichment, but the vendee bears the burden of proving the vendor's retention of payments exceeds actual damages.
• Pac. Coast Eng'g Co. v. Merritt-Chapman & Scott Corp.
  411 F.2d 889· 9th Cir.· 1969-05-12 ·cited 10×
  The court held that Pacific Coast Engineering Company's persistent demand for additional compensation, coupled with its refusal to proceed with contract performance unless paid more than originally agreed, constituted an anticipatory breach of contract, justifying Merritt-Chapman
• Abdallah v. Abdrhmin Abdallah
  359 F.2d 170· 3d Cir.· 1966-04-14 ·cited 10×
  A plaintiff may elect to sue for damages resulting from a breach of a purchase option, even if they also remained in possession as a tenant, as these remedies are not inconsistent.
• Local Union NO. 51, Int'l Bhd. OF Elec. Workers, AFL-CIO v. Ill. Power Co.
  357 F.2d 916· 7th Cir.· 1966-03-14 ·cited 10×
  Procedural questions regarding arbitrability, such as timeliness of a grievance, are for the arbitrator to decide, not the court.
• Application of John W. Hession, Jr.
  296 F.2d 930· C.C.P.A.· 1961-12-21 ·cited 10×
  The court affirmed the Patent Board's decision, finding that the appellant failed to establish prior inventorship and lacked sufficient evidence of fraud.
• Royce Chem. Co. v. Sharples Corp.
  285 F.2d 183· 2d Cir.· 1960-12-06 ·cited 10×
  The court held that the seller breached an express warranty by stating its machine was suitable for the buyer's specific production process, and that the buyer's damages were properly calculated, but the award of interest needed modification.
• Commercial Credit Corp. v. Sorgel
  274 F.2d 449· 5th Cir.· 1960-01-18 ·cited 10×
  The court held that the jury's findings regarding fraud and the treatment of assigned accounts as payment were not supported by sufficient evidence, and that certain ledger entries must be given effect.
• Stewart v. Berger
  109 So. 2d 765· Fla.· 1959-03-11 ·cited 10×
  An order attempting to set aside a final decree, which was not appealed and was not void ab initio, is invalid and must be quashed.
• Cy Girard v. Gill
  261 F.2d 695· 4th Cir.· 1958-12-15 ·cited 10×
  The court held that genuine issues of material fact were raised, precluding summary judgment, and that the taxpayer was entitled to a jury trial.
• United States v. 93.970 Acres OF Land
  258 F.2d 17· 7th Cir.· 1958-07-15 ·cited 10×
• Heazle Benjamin Majors and Clark Payton Walker v. Thompson
  235 F.2d 449· 5th Cir.· 1956-06-30 ·cited 10×
  The court held that by seeking reinstatement before the Special Board of Adjustment, the plaintiffs elected their administrative remedy, making the Board's adverse decision final and precluding subsequent judicial action for damages.
• Durham v. New Amsterdam Cas. Co.
  208 F.2d 342· 4th Cir.· 1953-11-10 ·cited 10×
  The court held that by moving to vacate the prior judgment on grounds of fraud, the plaintiffs elected to rescind the settlement, thereby barring a subsequent federal action for damages based on the alleged fraud.
• Inland Waterways Corp. v. Doyle
  204 F.2d 874· 8th Cir.· 1953-06-16 ·cited 10×
  A seaman injured in the course of employment on a U.S. merchant vessel, who received treatment and filed for compensation under the Federal Employees' Compensation Act (FECA) without knowledge of alternative remedies, did not make a binding election barring an admiralty suit unde
• Foster v. Buckner
  203 F.2d 527· 6th Cir.· 1953-04-07 ·cited 10×
  The court held that the defendants' negligence was a question of fact for the jury, and the plaintiff's claims were not barred by election of remedies or assumption of risk.
• Parr v. United States
  172 F.2d 462· 10th Cir.· 1949-01-21 ·cited 10×
  The court held that accepting monthly compensation payments under the Employees' Compensation Act constituted an election of remedies, precluding a subsequent suit under the Federal Tort Claims Act for the same injury.
• Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.
  153 F.2d 822· 7th Cir.· 1946-02-25 ·cited 10×
  A party who has elected to sue on a written contract as executed, and proceeded to judgment, cannot thereafter bring a separate action to reform the contract, especially when reformation could have been sought in the original action.
• Reconstr. Fin. Corp. v. Goldberg
  143 F.2d 752· 7th Cir.· 1944-06-28 ·cited 10×
  A shareholder of a business trust holding bank stock is personally liable for the bank's debts, and an exculpatory clause in the trust agreement is ineffective against creditors, especially when the creditor lacked knowledge of the clause. Liability for bank stock is constitution
• Chase v. COE
  122 F.2d 198· D.C. Cir.· 1941-05-26 ·cited 10×
  An applicant who unsuccessfully appeals an interference decision to the Court of Customs and Patent Appeals cannot subsequently bring a suit in equity under R.S. § 4915.
• Popular Bank OF Fla. v. R.C. Asesores Financieros
  797 So. 2d 614· Fla. 3d DCA· 2001-10-10 ·cited 9×
  Popular Bank of Florida appeals a jury verdict awarding R.C. Asesores Financieros (RCAF) damages for breach of contract, while RCAF cross-appeals the dismissal of a tortious interference claim. The court affirms the breach of contract judgment and reverses the dismissal of the to
• Liddle v. A.F. Dozer, Inc.
  777 So. 2d 421· Fla. 4th DCA· 2000-11-22 ·cited 9×
  The court held that a trial court erred by not requiring a party to elect a remedy when seeking the same relief under two mutually exclusive theories, allowing for a double recovery.
• McDERMOTT v. Middle E. Carpet Co.
  811 F.2d 1422· 11th Cir.· 1987-03-06 ·cited 9×
  The court held that lost profits were not too speculative, but modified the interest award and reversed the award for loss of investment return on raw materials, finding it constituted double recovery.
• In re Alchar Hardware Co., Inc. v. FIR, Inc.
  764 F.2d 1530· 11th Cir.· 1985-07-12 ·cited 9×
  The court held that the buyer's agent was authorized to tender the deposit check and that the deposit was considered 'paid' under the contract, but that the buyer's assignee was not bound by the modified agreement due to lack of court approval.
• Floorcraft Distribs., Inc. v. Horne-Wilson, Inc.
  251 So. 2d 138· Fla. 1st DCA· 1971-08-10 ·cited 9×
  Floorcraft Distributors appealed a circuit court judgment dismissing its complaint to cancel a mortgage and granting the defendant's counterclaim to cancel a different mortgage. The key issues were whether the defendant's prior judgment on a personal guaranty constituted an elect
• Lutheran Brotherhood v. Hooten
  237 So. 2d 23· Fla. 2d DCA· 1970-06-10 ·cited 9×
  A mortgagee who forecloses and obtains a deficiency judgment is not barred from claiming insurance proceeds for a loss that occurred prior to foreclosure, as this does not constitute an election of remedies.
• Ellingson Timber Co. v. Great N. Ry. Co.
  424 F.2d 497· 9th Cir.· 1970-04-21 ·cited 9×
  The court held that the district court correctly dismissed the antitrust action because the issues had been litigated before the Interstate Commerce Commission and plaintiff had elected remedies.
• Owens v. Euzema Smith and Irene Smith
  154 So. 2d 878· Fla. 1st DCA· 1963-06-25 ·cited 9×
  The court addresses whether an equity court can transfer a case to the law side after denying rescission and predetermine the defendant's liability before law-side proceedings. The court holds that while transfer is proper when equitable remedies become impractical, the equity co
• Coronet Kitchens, Inc. v. The Mortg. Mart, Inc.
  146 So. 2d 768· Fla. 2d DCA· 1962-10-24 ·cited 9×
  Filing a claim of lien for cabinets installed under a retain title contract constitutes an election of remedies, barring a subsequent action to recover possession of those cabinets.
• Johnson v. United States. THE Patrol Boat NO. Q - 14
  186 F.2d 120· 4th Cir.· 1950-12-16 ·cited 9×
  A civilian seaman injured on a public vessel can sue under the Public Vessels Act even if they received compensation under the Federal Employees' Compensation Act, and a minor seaman's election to take compensation is not binding.
• United States v. Mesadieu
  2015 U.S. Dist. LEXIS 177569· M.D. Fla.· 2015-09-30 ·cited 8×
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Petersen
  920 So. 2d 75· Fla. 1st DCA· 2006-01-17 ·cited 8×
  Tallahassee Memorial Regional Medical Center sought a writ of certiorari to review a trial court's denial of its motion to appoint a guardian ad litem for a minor child whose parents rejected a guaranteed administrative award under Florida's Birth-Related Neurological Compensatio
• Alford v. Dean Witter Reynolds, Inc.
  905 F.2d 104· 5th Cir.· 1990-07-11 ·cited 8×
  Title VII claims are not subject to mandatory arbitration, even under the Federal Arbitration Act, due to the Supreme Court's holding in Alexander v. Gardner-Denver.
• Smith v. Kaldor
  869 F.2d 999· 6th Cir.· 1989-03-17 ·cited 8×
  The court held that a federal employee who elected to pursue a grievance under a collective bargaining agreement could not subsequently pursue a Title VII claim for the same matter, as he failed to exhaust his administrative remedies under the agreement.
• LaVALLEE Northside Civic Ass'n & LaVallee Vill. Dev. Assoc., Inc. v. Virgin Islands Coastal Zone Mgmt. Comm'n
  866 F.2d 616· 3d Cir.· 1989-01-27 ·cited 8×
  The court held that plaintiffs must exhaust administrative remedies before seeking judicial relief for permit disputes, and that the statutory period for administrative appeal begins upon the final issuance of the permit, not an earlier vote or modification.
• Cherri J. Greene v. Maharaja OF India, Inc.
  485 So. 2d 1329· Fla. 1st DCA· 1986-03-18 ·cited 8×
  A Florida appellate court reversed a workers' compensation claim denial, holding that an employee's settlement of a civil tort action does not constitute an election of remedies or equitable estoppel barring subsequent workers' compensation benefits. The court adopted the policy
• Whitaker v. Merit Sys. Prot. Bd.
  784 F.2d 1109· Fed. Cir.· 1986-02-26 ·cited 8×
  The court held that the Merit Systems Protection Board correctly dismissed the appeal because the petitioner, through his union representative, had elected arbitration, precluding an appeal to the Board.
• In re Morris Paint & Varnish Co.
  773 F.2d 130· 7th Cir.· 1985-09-05 ·cited 8×
  The court held that Morris failed to present specific facts demonstrating detrimental reliance on the Bank's alleged promises, thus the Bank was entitled to apply insurance proceeds to the loan balance.
• Land v. Cessna Aircraft Co.
  466 So. 2d 1265· Fla. 1st DCA· 1985-04-15 ·cited 8×
  A secured creditor who pursues replevin and sale of collateral is subsequently entitled to sue for a deficiency judgment under the Uniform Commercial Code.
• Gen. Elec. Co. v. Atl. Shores, Inc.
  436 So. 2d 974· Fla. 5th DCA· 1983-07-28 ·cited 8×
  General Electric appealed a summary judgment in favor of a landowner, which dismissed GE's replevin action for appliances supplied to a contractor. The court held that filing a mechanic's lien does not constitute an election of remedies precluding replevin, and that factual dispu