Equitable Assignment

105 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Progressive Express Ins. Co. v. McGRATH Community Chiropractic
  913 So. 2d 1281· Fla. 2d DCA· 2005-11-18 ·cited 80×
  Progressive Express Insurance seeks second-tier certiorari review of a circuit court decision that reversed dismissal of a small claims action filed by a medical provider seeking PIP benefits. The court holds that standing to sue is not a condition precedent that can be cured by
• Quinn Plumbing Co., Inc. v. New Miami Shores Corp.
  100 Fla. 413· Fla.· 1930-08-01 ·cited 78×
  A purchaser at a mortgage foreclosure sale sued to compel a junior mortgagee to redeem from the senior mortgage lien. The Florida Supreme Court affirmed the trial court's overruling of the junior mortgagee's demurrer, holding that a purchaser at a defective foreclosure may sue to
• Key W. Wharf & Coal Co. & Jeanette L. Murphy v. Louisa Porter
  63 Fla. 448· Fla.· 1912-01-01 ·cited 69×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed that a purchaser at a foreclosure sale becomes subrogated to the mortgagee's rights and may foreclose multiple mortgages in a single action. The court held that defendants who claimed title through a party who
• Fed. Sav. & Loan Ins. Corp. for Savannah Sav. & Loan Ass'n v. Haralson
  813 F.2d 370· 11th Cir.· 1987-03-30 ·cited 58×
  The court held that genuine issues of material fact exist regarding whether the plaintiff reasonably relied on the misrepresentation in the financial statement, and whether the fraud claims are barred by the statute of limitations.
• Mo. Pac. R.R. Co. v. Austin
  292 F.2d 415· 5th Cir.· 1961-06-27 ·cited 58×
  The court held that the suit was timely filed, the traffic consultant had an equitable assignment of 50% of the award, and the Dun & Bradstreet report was inadmissible hearsay not qualifying as a business record.
• Gulf Life Ins. Co. v. Hillsborough Cnty.
  129 Fla. 98· Fla.· 1935-09-30 ·cited 52×
  Gulf Life Insurance Company sought to recover on void certificates of indebtedness issued by Hillsborough County for road construction work. The Florida Supreme Court held that while an action must proceed at law rather than equity, the county remains liable on a quantum meruit b
• McClure v. Century Ests., Inc.
  96 Fla. 568· Fla.· 1928-11-27 ·cited 49×
  This case concerns the priority of liens on mortgaged property when the mortgagee assigns a portion of the secured debt to third parties. The Florida Supreme Court held that when a mortgagee assigns part of a series of notes secured by a single mortgage and retains the remainder,
• Ralph I. Selby in Bankr. for the Frimberger Corp. v. Ford Motor Co.
  590 F.2d 642· 6th Cir.· 1979-01-11 ·cited 46×
  Payments made to subcontractors from construction funds, even within four months of bankruptcy, are not preferential transfers if the funds are impressed with a statutory trust under state law, because the contractor has insufficient beneficial interest to constitute 'property' u
• Alyea v. Hampton
  112 Fla. 61· Fla.· 1933-09-22 ·cited 35×
  This case concerns an attorney's lien for fees. The court affirmed an order overruling a demurrer, holding that an attorney can have a lien based on a definite fee contract, not just quantum meruit, and that such a lien is an equitable right to secure fees from a judgment obtaine
• MDS (Canada) Inc. v. RAD Source Techs., Inc.
  720 F.3d 833· 11th Cir.· 2013-07-01 ·cited 32×
  The Eleventh Circuit Court of Appeals affirmed in part and reversed in part the district court's decision. The court held that the agreement between Nordion and Best was a sublicense, not an assignment, under Florida law. The court also found that Rad Source had waived its claim
• Litman v. Fine
  517 So. 2d 88· Fla. 3d DCA· 1987-12-22 ·cited 32×
  Bernard Litman appealed a trial court judgment awarding attorney's fees to his former counsel via a charging lien. The Florida appellate court affirmed, holding that attorneys may recover fees through a charging lien even absent a contingent fee contract, and that fee determinati
• Am. Fid. & Cas. Co., Inc. v. All Am. Bus Lines, Inc.
  179 F.2d 7· 10th Cir.· 1949-12-28 ·cited 32×
  An insured who has been fully reimbursed by an excess insurer for a loss is not the real party in interest to bring a tort action against the primary insurer for bad faith; the excess insurer, through subrogation, becomes the real party in interest.
• Forman v. Kennedy
  156 Fla. 219· Fla.· 1945-07-24 ·cited 31×
  An attorney's contingent fee is calculated based on the amount of the judgment recovered, not the lesser amount of a subsequent settlement negotiated by the client without the attorney's consent, provided the attorney has substantially performed their services.
• Fla. Patient's Comp. Fund v. ST. Paul Fire & Marine Ins. Co.
  559 So. 2d 195· Fla.· 1990-02-08 ·cited 29×
  The Florida Supreme Court upheld a Fourth District Court of Appeal decision barring the Florida Patient's Compensation Fund from bringing a second action for contribution and claims of equitable subrogation and equitable assignment against St. Paul Fire and Marine Insurance Compa
• Cotnam v. Commissioner OF Internal Revenue
  263 F.2d 119· 5th Cir.· 1959-01-23 ·cited 28×
  The court held that attorneys' fees paid from compensation for personal services are deductible only in the year paid, not prorated over the period services were rendered.
• In re Italian Cook Oil Corp.
  190 F.2d 994· 3d Cir.· 1951-08-14 ·cited 28×
  The court held that the assignment of contract proceeds to the bank was valid, and the bankruptcy trustees, by adopting the contract, were bound by that assignment.
• Jno. S. Sammis v. L'Engle
  19 Fla. 800· Fla.· 1883-01-01 ·cited 28×
  In this bill of interpleader, the Florida Supreme Court upheld the lower court's decree awarding contested funds to the administrators of John P. Sanderson's estate over a judgment creditor, Jno. S. Sammis. The court held that a parol assignment of a debt claim made by Smallwood
• United States v. Transocean AIR Lines, Inc.
  356 F.2d 702· 5th Cir.· 1966-02-23 ·cited 24×
  An improperly entered dismissal cannot defeat a perfected attorney's charging lien, and the Florida court has jurisdiction to enforce such a lien.
• Brown v. Christman
  126 F.2d 625· D.C. Cir.· 1942-02-09 ·cited 24×
  The court held that the property owners' prior action on a bond did not preclude their claim for an equitable lien on a special rent account, and that other property owners might be indispensable parties requiring remand.
• Sourcetrack, LLC v. Ariba, Inc.
  958 So. 2d 523· Fla. 2d DCA· 2007-06-06 ·cited 22×
  SourceTrack sued Ariba and Tradex for breach of contract and tortious interference after Ariba acquired Tradex and refused to consent to SourceTrack's assignment of a software licensing agreement. The trial court granted a motion in limine preventing SourceTrack from challenging
• Asphalt Paving, Inc. v. Lennie L. Ulery
  149 So. 2d 370· Fla. 1st DCA· 1963-01-29 ·cited 19×
  Asphalt Paving, Inc. appeals from a judgment in favor of the widow and children of Crawford E. Ulery, who sought subrogation rights to life insurance proceeds after Ulery assigned two policies to Westfield Corporation and Orr & Company as collateral for Asphalt's debts. The appel
• Fla. Patient's Comp. Fund v. ST. Paul Fire & Marine Ins. Co.
  535 So. 2d 335· Fla. 4th DCA· 1988-12-14 ·cited 18×
  The Florida Patient's Compensation Fund (insurer for a negligent pathologist) filed a second lawsuit against a surgeon for contribution, subrogation, and equitable assignment after its first contribution suit was dismissed for statutory noncompliance. The court affirmed dismissal
• McKEE-Berger-Mansueto, Inc. v. Bd. OF Educ. OF the City OF Chicago
  691 F.2d 828· 7th Cir.· 1982-07-23 ·cited 18×
  The court held that the district court had jurisdiction to enforce its judgment and disburse the funds, and that the attorneys' equitable lien had priority over World Express' garnishment lien.
• First Nat'l Bank OF Hollywood v. Am. Foam Rubber Corp. & Milton R. Ackman
  530 F.2d 450· 2d Cir.· 1976-02-05 ·cited 18×
  A subordinated creditor's good faith discharge of unmatured debt does not breach the subordination agreement unless explicitly prohibited, but accepting a third-party note instead of cash for matured debt constitutes payment under the agreement.
• Clement O. Dennis and Genia Lee Dennis v. Commissioner OF Internal Revenue
  473 F.2d 274· 5th Cir.· 1973-01-17 ·cited 18×
  Collections on a corporate note received in a Section 351 tax-free exchange are ordinary income, not capital gain, unless the note independently qualifies under Section 1232.
• Giles v. SUN Bank, N.A.
  450 So. 2d 258· Fla. 5th DCA· 1984-04-19 ·cited 17×
  An informal employment agreement constitutes a valid equitable assignment of contract rights where the parties plainly intended assignment and the assignee assumed performance obligations, even without special words of art. Such assignment has priority over subsequent garnishment
• North v. Albee
  155 Fla. 515· Fla.· 1945-01-30 ·cited 17×
  The Florida Supreme Court held that executors of John Ringling's estate could pursue subrogation against F. H. Albee for funds the liquidator of Bank of Sarasota had arbitrarily taken from Ringling's deposits to pay Albee's share of a joint judgment, despite the action being file
• Firestone Serv. Stores, Inc. v. Wynn
  131 Fla. 94· Fla.· 1938-01-28 ·cited 17×
  The Home Insurance Company, suing on behalf of a car owner through subrogation, brought negligence action against Firestone Service Stores for damages to an automobile that fell from a pneumatic hoist. The Florida Supreme Court held that the insurance company could prove its righ
• Liberty Mut. Ins. Co. v. Ameta & Co.
  564 F.2d 1097· 4th Cir.· 1977-10-18 ·cited 16×
  The court held that an "award" under the Longshoremen's and Harbor Workers' Compensation Act does not require a formal award, and that a release given by an injured employee to a shipowner does not bar the employer's insurance carrier from recovering its lien if the carrier did n
• Chicago Pneumatic Tool Co. v. Ziegler
  151 F.2d 784· 3d Cir.· 1945-08-20 ·cited 16×
  The court held that the patent term should be treated as extended by the period allowed under Belgian law due to the war, and thus the royalty obligation continued longer than the company asserted.
• Moore v. Commissioner of Internal Revenue
  124 F.2d 991· 7th Cir.· 1941-11-26 ·cited 16×
  The dividend paid on stock should be included in petitioner's taxable income because the contract was an option, not a sale, and the petitioner retained ownership of the stock when the dividend was declared.
• Caldwell v. Bankruptcy
  342 F.2d 485· 10th Cir.· 1965-03-17 ·cited 14×
  The court held that a Wyoming divorce decree created an effective equitable lien on a life insurance policy's proceeds, which was not a voidable preference and was perfected sufficiently to withstand the trustee's claims.
• Citizens & Peoples Nat'l Bank OF Pensacola v. Futch
  650 So. 2d 1008· Fla. 1st DCA· 1994-03-30 ·cited 13×
  Citizens & Peoples National Bank appealed a trial court order distributing proceeds from a $170,000 letter of credit securing a judgment between Head and Futch. The court affirmed the distribution of $67,906.55 to Futch and reversed the award of $15,056.85 to Head's attorney Kerr
• George G. Tapper Co., Inc. v. Bank OF Fort Walton
  117 So. 2d 8· Fla. 1st DCA· 1959-12-15 ·cited 13×
  The court reversed a decree holding Tapper Company jointly and severally liable for its subcontractor's promissory notes, finding instead that Tapper's letter authorizing assignment of progress payments was limited by the subcontract's provision allowing Tapper to deduct amounts
• State Farm Fire & Cas. Co. v. Pritcher
  546 So. 2d 1060· Fla. 3d DCA· 1989-04-04 ·cited 12×
  An attorney cannot recover attorney's fees under the wrongful act doctrine when the attorney's own negligence in failing to comply with the policy's written approval requirement for assignment caused the insurer to deny the claim.
• Jack M. Thornton in Bankruptcy of the Estate of John F. Scarborough, Jr. v. Scarborough
  348 F.2d 17· 5th Cir.· 1965-07-12 ·cited 12×
  The court held that the bankrupt's contingent remainder interest in his father's estate was not 'property' that vested in the trustee under § 70, sub. a of the Bankruptcy Act, as interpreted by Georgia law.
• Margery G. Huntress v. Est. of Carroll B. Huntress
  235 F.2d 205· 7th Cir.· 1956-07-03 ·cited 12×
  A plaintiff may join a claim for money with a claim to subject property to that demand in a single action under Rule 18(b) of the Federal Rules of Civil Procedure, without first obtaining a judgment.
• Nat'l Ref. Co. v. United States (reconstruction Fin. Corp.
  160 F.2d 951· 8th Cir.· 1947-04-09 ·cited 12×
  The court held that the assignment of the commission fund was valid against the government's tax lien and set-off claim because the government's liability had ended upon payment into court, and the assignee gave present consideration, qualifying as a purchaser.
• Jamison Coal & Coke Co. v. Goltra
  143 F.2d 889· 8th Cir.· 1944-07-27 ·cited 12×
  The court held that the contract did not create an equitable lien and that specific performance was not warranted due to an adequate legal remedy and the contract's nature as a hazard.
• Town of River Junction v. Md. Cas. Co.
  133 F.2d 57· 5th Cir.· 1943-01-27 ·cited 12×
  The court held that a surety who completes a public work after contractor default has priority over a bank to funds held by the owner, even if the bank loaned money to the contractor to pay laborers and materialmen.
• Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc.
  452 F.2d 1346· D.C. Cir.· 1971-10-12 ·cited 11×
  An anti-assignment clause in a contract, intended solely for the obligor's benefit, does not render an assignment invalid against third parties, including the government asserting tax liens. Furthermore, an assignee can benefit from a suit commenced by the assignor on the assigne
• Ralph Rogers & Co., Inc. v. Reconstr. Fin. Corp.
  232 F.2d 930· 6th Cir.· 1956-04-12 ·cited 11×
  The court held that the Reconstruction Finance Corporation made an unequivocal promise to pay Cumberland for cement shipments from assigned funds, creating an equitable assignment superior to other claims.
• Jones v. Williams Steel Indus., Inc.
  460 So. 2d 1004· Fla. 5th DCA· 1984-12-20 ·cited 10×
  This case involves a subrogation action where Williams Steel Industries, which paid a joint judgment against itself and architect Jones, sought recovery from Jones for its proportionate share. The court affirmed the trial court's judgment, holding that subrogation—not contributio
• In re Allied Prods. Co. Barnett v. Md. Cas. Co. Cont'l Cas. Co. V. Barnett
  134 F.2d 725· 6th Cir.· 1943-04-08 ·cited 10×
  Assignments of contract balances to a surety, conditioned on the contractor's default, are valid and take priority over general creditors, even if the contractor retained dominion over funds before default. The surety's claim is only effective upon actual default.
• Trak Microwave Corp. v. Medaris Mgmt., Inc.
  236 So. 2d 189· Fla. 4th DCA· 1970-05-27 ·cited 9×
  Trak Microwave Corporation appealed a judgment awarding royalties to Medaris Management based on an alleged assignment of income from Ladoniczki's inventions. The appellate court reversed, holding that an assignment of future royalties from contracts not yet in existence cannot b
• Morrow v. Commonwealth Life Ins. Co.
  118 Fla. 371· Fla.· 1935-02-08 ·cited 9×
  The Florida Supreme Court upheld the insurance company's right to enforce a collateral assignment of life insurance policies pledged as security for a loan. The court rejected the widow's argument that the assignment extinguished the policies, holding that equity recognizes valid
• In re Nance
  556 F.2d 602· 1st Cir.· 1977-06-13 ·cited 8×
  The court held that an assignment of deferred compensation already earned is not subject to Massachusetts' wage assignment statute, and that the bankrupt's retention of those funds constituted a willful and malicious conversion.
• Isidore Cherno-Appellant v. Dutch Am. Mercantile Corp.
  353 F.2d 147· 2d Cir.· 1965-11-09 ·cited 8×
  A subordination agreement alone does not constitute an equitable assignment of a chattel mortgage, and failure to file an assignment renders it void against creditors and subsequent bona fide purchasers.
• The Bank OF Ariz. v. Nat'l Sur. Corp.
  237 F.2d 90· 9th Cir.· 1956-08-31 ·cited 8×
  The Court held that a bank, as a lawful assignee under the Assignment of Claims Act, takes priority over a surety's prior, unperfected assignment of contract proceeds when the bank receives payment without notice of the surety's claim.
• Mizner Land Corp. v. Abbott
  128 Fla. 489· Fla.· 1937-03-12 ·cited 8×
  Victor Searles, a newly wealthy heir without business experience, hired attorneys Abbott and Gaulden to manage his real estate interests and personal affairs. After disputes over fees and trust accounting, Searles sued to recover funds he alleged were misappropriated, while Gauld