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

• Santa Fe Eng'rs, Inc. v. The United States
  677 F.2d 876· Ct. Cl.· 1982-05-05 ·cited 8×
  A contractor who receives adequate notice of its appeal rights under the Contract Disputes Act, informing it of the option to appeal to the Board of Contract Appeals or directly to the Court of Claims, and then elects to appeal to the Board, forecloses its right to bring a direct
• Marta v. Cont'l Mfg. Co., Inc.
  400 So. 2d 181· Fla. 4th DCA· 1981-06-24 ·cited 8×
  The court held that an employee's right to sue an employer for negligence in circuit court accrues only after it is determined that the employer failed to secure workers' compensation insurance coverage.
• McLEOD v. Stevens
  617 F.2d 1038· 4th Cir.· 1980-02-29 ·cited 8×
  The court held that while the district court's findings of liability and equitable remedies were correct, the award of compensatory and punitive damages was improper because the plaintiff elected equitable relief and did not provide adequate notice for a damages claim.
• Hunt v. Commodity Futures Trading Comm'n
  591 F.2d 1234· 7th Cir.· 1979-01-08 ·cited 8×
  Parties must exhaust administrative remedies before seeking judicial review of the Commission's authority to bring an administrative action, even if a similar court enforcement action was previously brought.
• Amoedo v. Socarras
  311 So. 2d 830· Fla. 3d DCA· 1975-04-22 ·cited 8×
  Amoedo sought recovery on an unpaid promissory note and guarantee, and later amended to claim damages for breach of a stock repurchase agreement. The trial court set aside the jury's verdict for Amoedo and entered judgment for defendant Prio Socarras. The appellate court reversed
• Doyn Aircraft, Inc. v. Wylie
  443 F.2d 579· 10th Cir.· 1971-06-04 ·cited 8×
  The court held that the defendant transacted sufficient business in Kansas to establish personal jurisdiction and that the trial court did not err in awarding attorney's fees or finding personal liability.
• Koratron Co., Inc. v. Deering Milliken, Inc.
  418 F.2d 1314· 9th Cir.· 1969-11-05 ·cited 8×
  The court held that a plaintiff's complaint, by omitting patent infringement claims and pleading state law torts, can avoid the specific venue provisions for patent infringement actions, even if patent issues are implicated.
• Dade Cnty. v. McARTHUR Jersey Farm Dairy, Inc.
  214 So. 2d 362· Fla. 3d DCA· 1968-07-09 ·cited 8×
  A property taxpayer challenged a county's tax assessment of tangible personal property as excessive, filing both an equitable claim and a certiorari petition. The court held that while certiorari review under statute is available, equitable relief is not permitted when a statutor
• Bertram Yacht Sales, Inc. v. West
  209 So. 2d 677· Fla. 3d DCA· 1968-03-26 ·cited 8×
  The court affirmed a jury verdict for a buyer of a boat against both the seller's agent and the principal, holding that the contract was not barred by the statute of frauds due to a down payment and receipt.
• Scaduto v. Orlando
  381 F.2d 587· 2d Cir.· 1967-07-28 ·cited 8×
  The court held that the trial court's findings were insufficient to determine the parties' rights and duties regarding the subcontract, requiring a remand for further evidence and factual findings on issues of performance, waiver, and breach.
• S & W Motors v. Mack Trucks, Inc.
  198 So. 2d 70· Fla. 1st DCA· 1967-04-20 ·cited 8×
  S&W Motors, a truck dealer, guaranteed buyers' obligations under conditional sales agreements assigned to Mack Trucks. When buyers defaulted, Mack repossessed and sold the trucks, then sued S&W for deficiencies. The court held that while the guaranty permitted repossession and sa
• Bradbury v. Dennis
  368 F.2d 905· 10th Cir.· 1966-10-25 ·cited 8×
  The court held that the trial court correctly determined the transaction was a loan, the cause of action for money had and received was assignable and not barred by the statute of limitations, and that pre-judgment interest was not recoverable under Colorado law.
• Fritz B. Boyette v. Reliable Fin. Co.
  184 So. 2d 200· Fla. 2d DCA· 1966-03-02 ·cited 8×
  The court held that the Trustee failed to present sufficient evidence to support claims of fraud or depressed bidding due to lease assignment.
• Sideris v. Warrington Motor Co., Inc.
  181 So. 2d 650· Fla. 1st DCA· 1966-01-06 ·cited 8×
  In a negligence action arising from a motor vehicle accident, the plaintiff appealed the trial court's entry of partial summary judgment precluding punitive damages against the employer defendant and the subsequent dismissal of the action against that defendant. The appellate cou
• The Citizens & S. Nat'l Bank v. Am. Sur. Co. OF NEW York
  347 F.2d 18· 5th Cir.· 1965-06-08 ·cited 8×
  The court held that the defendant bank, which paid over a second forged check drawn on a depositor's account, could not escape liability to the plaintiff (assignee of the first bank and depositor) based on the doctrine of Price v. Neal or inconsistent remedies, as the funds remai
• United States v. Peter Kiewit Sons' Co.
  345 F.2d 879· 8th Cir.· 1965-06-01 ·cited 8×
  A contractor who fails to exhaust administrative remedies under a government contract's disputes clause cannot subsequently sue under the Federal Tort Claims Act for a claim arising from that contract.
• Romanach v. A. J. Armstrong Co., Inc.
  172 So. 2d 444· Fla.· 1965-03-03 ·cited 8×
  The court held that the lower appellate court erred in reversing the trial court's summary judgment based on a premature determination of election of remedies, and that the trial court properly applied the doctrine.
• Wounick v. Pittsburgh Consolidation Coal Co.
  283 F.2d 325· 3d Cir.· 1960-06-17 ·cited 8×
  The court held that the district court erred in applying the Jones Act statute of limitations by analogy to bar the unseaworthiness claim, as the plaintiff had no election and the claim should have been considered under admiralty law with a proper laches analysis.
• In re Est. of Maurice Clay Simpson v. Simpson
  113 So. 2d 766· Fla. 2d DCA· 1959-07-22 ·cited 8×
  A widow who elected to take dower in her deceased husband's estate sought to compel the executor to pay a mortgage debt that the mortgagee (the decedent's mother) had claimed but then withdrawn. The court held that a mortgagee has the right to withdraw a claim against the estate
• Cook v. Mo. Pac. R.R. Co.
  263 F.2d 954· 5th Cir.· 1959-02-27 ·cited 8×
  An employee who treats a discharge as final and sues for breach of contract retains the right to a judicial determination, even if the Railway Adjustment Board later issues an award.
• Reliford v. E. Coal Corp.
  260 F.2d 447· 6th Cir.· 1958-06-26 ·cited 8×
  A party cannot abandon its trial theory on rehearing, and the court is not compelled to apply new case law if the underlying law has not changed.
• ORE Navigation Corp. v. Honorable Roszel C. Thomsen
  256 F.2d 447· 4th Cir.· 1958-06-05 ·cited 8×
  The court held that the order transferring the case from admiralty to the law side for a jury trial is not a final decision and therefore not immediately appealable, nor is it subject to mandamus.
• AETNA Cas. & Sur. Co. v. Cunningham
  224 F.2d 478· 5th Cir.· 1955-07-15 ·cited 8×
  A party aggrieved by a judgment, even if favorable, has a right to appeal if the judgment quality differs from what was claimed. The court affirmed the district court's findings that the defendant's financial representations were not fraudulent, despite discrepancies.
• Popp v. Archbell
  203 F.2d 287· 4th Cir.· 1953-04-07 ·cited 8×
  A state nonsuit statute limiting venue for subsequent actions does not preclude a federal court from exercising jurisdiction over the same cause of action.
• Johansen v. United States
  191 F.2d 162· 2d Cir.· 1951-07-30 ·cited 8×
• Newman v. Baltimore & O. R. Co.
  191 F.2d 560· 3d Cir.· 1951-07-20 ·cited 8×
  The court held that the District Court had jurisdiction over the plaintiff's breach of contract claim for wrongful discharge, and that the jury instructions and trial judge's conduct were not erroneous.
• Baxter Labs., Inc. v. Don Baxter, Inc.
  186 F.2d 511· C.C.P.A.· 1951-01-29 ·cited 8×
  The court held that an opposer's election to proceed under R.S. § 4915 requires dismissal of the appeal from the inter partes decision, but the appeal from the Commissioner's ex parte decision denying registration remains with the court. The court reasoned that an opposer has no
• Garrett v. Potter
  160 Fla. 707· Fla.· 1948-07-20 ·cited 8×
  The court held that the chancellor erred in striking paragraphs detailing claims for support and payments made on the homestead, as the chosen remedy of accounting in a partition suit was permissible and more expeditious than foreclosing a lien.
• McGHEE v. United States
  165 F.2d 287· 2d Cir.· 1947-12-08 ·cited 8×
  A seaman's claim for unseaworthiness is not barred by an election to also pursue claims under the Jones Act, even if negligence is alleged but not proven.
• Greenberg v. Grossman
  683 So. 2d 156· Fla. 3d DCA· 1996-10-30 ·cited 7×
  Appellants appealed a trial court's judgment that awarded damages for fraud, civil theft, breach of fiduciary duty, and punitive damages but refused to award prejudgment interest. The appellate court affirmed the damage calculation but reversed and remanded regarding prejudgment
• Tampa Pipeline Transp. Co. v. Chase Manhattan Serv. Corp.
  928 F. Supp. 1568· M.D. Fla.· 1995-03-27 ·cited 7×
  The court held that the defendant breached the agreement to assign promissory notes by failing to deliver them, but the plaintiffs could not recover full benefit-of-the-bargain damages due to failure to mitigate.
• Dunkin' Donuts OF Am., Inc. v. Minerva, Inc.
  956 F.2d 1566· 11th Cir.· 1992-04-08 ·cited 7×
  The dissenting judge argues that the majority erred in holding that the franchisee's continued operation of the franchises after the franchisor's termination notices constituted an election of remedies that limited damages. The dissent asserts that under Massachusetts law, contin
• Lloyd Citrus Trucking, Inc. v. State of Fla. Dep't OF Agric. & Consumer Servs.
  572 So. 2d 977· Fla. 4th DCA· 1990-12-19 ·cited 7×
  The court held that section 601.65, Florida Statutes (1979), provides alternative remedies, and pursuing a judicial suit precludes a subsequent administrative action on the same claim.
• Feinberg v. Naile
  561 So. 2d 1307· Fla. 3d DCA· 1990-05-29 ·cited 7×
  Homebuyers appealed the trial court's denial of their motion to elect to proceed in equity seeking rescission of a home purchase rather than pursuing damages against the original builder. The appellate court held that plaintiffs had the right to elect their remedy and pursue resc
• D.D. Jackson v. Riley
  427 So. 2d 255· Fla. 5th DCA· 1983-02-16 ·cited 7×
  A contractor sued to foreclose a mechanic's lien for unpaid contract balance on a home construction project. The trial court awarded both parties $2,500 in damages that offset each other, denying foreclosure. The appellate court reversed, finding the damages awards inadequately s
• Lockwood Corp. v. Black
  669 F.2d 324· 5th Cir.· 1982-03-05 ·cited 7×
  The court held that the district court had jurisdiction despite improper removal and that Nebraska law properly applied to the contract dispute.
• Landry v. Carlson Mooring Serv. & Houston Gen. Ins. Co.
  643 F.2d 1080· 5th Cir.· 1981-04-27 ·cited 7×
  The court held that Texas law does not contain the 'unmistakable language' required to preclude a subsequent recovery under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) after a state workers' compensation award, and therefore, the doctrines of full faith and cr
• BVA Credit Corp. v. Fisher
  369 So. 2d 606· Fla. 1st DCA· 1978-09-21 ·cited 7×
  BVA Credit Corporation appealed a trial court judgment that limited its damages recovery against guarantors of a defaulted equipment lease. The appellate court reversed, holding that a lessor may re-let and sell equipment after default and recover the deficiency from the original
• Lisbon Holding & Inv. Co., Ltd. v. Vill. Apts., Inc.
  237 So. 2d 197· Fla. 3d DCA· 1970-06-16 ·cited 7×
  Suing on a promissory note secured by a mortgage does not discharge an endorser, and a defense of partial failure of consideration requires an allegation of fraud regarding property condition.
• Fla. E. Coast Ry. Co. v. Hill
  233 So. 2d 845· Fla. 3d DCA· 1970-04-14 ·cited 7×
  Florida East Coast Railway Company and R.W. Wyckoff appealed a wrongful discharge judgment entered against them, arguing that a 1966 Amendment to the Railway Labor Act barred the employee's claim brought in 1965. The court affirmed the judgment, holding that the Amendment did not
• The Babsdon Co. v. Thrifty Parking Co.
  149 So. 2d 566· Fla. 3d DCA· 1963-02-05 ·cited 7×
  The court held that filing an unlawful detainer action does not, by itself, constitute an election by the lessor to repossess the property for its own benefit, and the lessor can still seek damages for the difference between stipulated and relet rentals.
• State v. Lee
  116 Fla. 726· Fla.· 1934-10-01 ·cited 7×
  A bondholder of defaulted Atlantic-Gulf Special Road & Bridge District bonds sought mandamus to compel the State Board of Administration to disburse ad valorem tax proceeds for payment of principal and interest on the matured bonds. The Florida Supreme Court sustained the motion
• Pearson v. Convergent Outsourcing, Inc.
  2015 U.S. Dist. LEXIS 126149· M.D. Fla.· 2015-09-21 ·cited 6×
  The court held that the omission of the phrase 'in writing' in a debt collection letter may violate the FDCPA, but granted dismissal of the FCCPA claim.
• Albert v. Gervasio Albert and Miguel Albert
  36 So. 3d 143· Fla. 3d DCA· 2010-05-12 ·cited 6×
  Georgina Albert appeals a trial court's order reinstating a dismissed lawsuit after she exercised contractual remedies following the other party's default on a settlement agreement. The court affirmed, holding that the trial court properly retained jurisdiction to reinstate the a
• Petro Stopping Ctrs., L.P. v. Margarit Gall
  23 So. 3d 849· Fla. 5th DCA· 2009-12-11 ·cited 6×
  Petro Stopping Centers appealed the denial of its motion for summary judgment in a tort case filed by employee Margarit Gall. The court reversed, holding that Gall's mediated settlement agreement resolving her workers' compensation claim constituted an election of remedies that b
• Bayfront Med. Ctr., Inc. v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  893 So. 2d 636· Fla. 2d DCA· 2005-02-16 ·cited 6×
  Bayfront Medical Center appeals an amended administrative law judge order in a NICA (birth-related neurological injury compensation) case, arguing the ALJ exceeded its jurisdiction by finding that the hospital's failure to provide statutorily-required notice could not be deemed h
• Dep't of Health & Rehabilitative Servs. v. Irven
  724 So. 2d 698· Fla. 2d DCA· 1999-01-22 ·cited 6×
  The Department of Health and Rehabilitative Services appealed a jury verdict awarding damages to a former employee, Karen Irven, who claimed she was discharged in retaliation for whistleblowing under Florida's Whistle-Blower's Act. The court reversed, holding that Irven's interna
• Midtown Realty, Inc. v. Akhtar Hussain & Malico, Inc.
  712 So. 2d 1249· Fla. 3d DCA· 1998-07-08 ·cited 6×
  Midtown Realty and a purchaser appealed a dismissal judgment, arguing a Letter of Intent to purchase a gas station constituted a binding contract. The court held that the Letter of Intent was merely a preliminary proposal and agreement to agree, not a binding contract, because th
• Moniz v. Reitano Enters., Inc.
  709 So. 2d 150· Fla. 4th DCA· 1998-03-25 ·cited 6×
  A Florida appellate court reversed a summary judgment in a sexual harassment suit, holding that a prior workers' compensation settlement does not bar separate tort and Title VII claims for sexual harassment based on intangible injuries to personal rights, though it does bar claim
• Bel-Bel Int'l Corp. v. Barnett Bank of S. Fla., N.A.
  158 B.R. 252· S.D. Fla.· 1993-08-17 ·cited 6×
  The court held that the defendants' motions to stay proceedings and dismiss counterclaims were unpersuasive, denying the stay and granting the dismissals.