Equitable Discretion

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

• In re Lilly C. Anderson v. Lilly C. Anderson
  833 F.2d 834· 9th Cir.· 1987-12-02 ·cited 8×
  The court held that an oversecured creditor is entitled to interest as provided in the agreement up to the maturity date, and post-maturity interest is awarded based on equitable considerations, not necessarily market rates.
• Bloodgood v. Garraghty
  783 F.2d 470· 4th Cir.· 1986-02-14 ·cited 8×
  The court held that a parole proceeding is not a proper forum to contest the legal sufficiency of prior convictions, and that the parole and classification boards did not rely on the allegedly uncounseled convictions in their decisions.
• Consumer Party v. Davis
  778 F.2d 140· 3d Cir.· 1985-11-27 ·cited 8×
  The district court's intricate reinterpretation of state election statutes to create a hybrid party/body entity was an improper remedy, as it defied the plain language of the statutes and created significant uncertainties.
• Sec. & Exch. Comm'n v. Blazon Corp.
  609 F.2d 960· 9th Cir.· 1979-12-14 ·cited 8×
  The court held that fraudulent intent is not required for an injunction under Section 17(a) of the Securities Act of 1933, and that a district court has discretion to include a review provision in an injunction. The court also held that failure to amend offering circulars under R
• Victoriano Rodriguez Diaz v. Stathis
  576 F.2d 9· 1st Cir.· 1978-05-22 ·cited 8×
  The court affirmed the dismissal of claims by plaintiffs involved in pending state criminal proceedings and claims by a plaintiff in a state civil suit, but directed the dismissal of the civil suit plaintiff's claims to be without prejudice.
• Peabody Coal Co. v. Env't Prot. Agency & Russell E. Train
  522 F.2d 1152· 8th Cir.· 1975-09-23 ·cited 8×
  The court held that while it has jurisdiction and venue is proper, the case should be transferred to the Tenth Circuit in the interest of judicial administration.
• Freuhauf Corp. v. Internal Revenue Serv.
  522 F.2d 284· 6th Cir.· 1975-06-09 ·cited 8×
  The court held that the IRS failed to meet its burden to show that the requested documents, including letter rulings, were exempt from disclosure under the Freedom of Information Act, and affirmed the district court's order for disclosure subject to in camera review.
• In re Penn Cent. Transp. Co.
  484 F.2d 1300· 3d Cir.· 1973-08-21 ·cited 8×
  The court held that assets in the Contingent Compensation Plan reserve fund were property of the reorganization trustees, and participants were unsecured creditors. The court also affirmed the district court's discretion in limiting payments from the fund and imposing an annual c
• Ojeda v. Burton G. Hackney
  452 F.2d 947· 5th Cir.· 1972-01-05 ·cited 8×
  The court held that a federal court possesses equitable discretion to award attorneys' fees in a class action suit, notwithstanding state legal restraints.
• Franklin v. Franklin
  171 F.2d 12· D.C. Cir.· 1948-09-28 ·cited 8×
  The court held that a husband who unilaterally ceased paying alimony without seeking court modification cannot have past-due installments remitted.
• Neary v. Markham
  155 F.2d 485· 10th Cir.· 1946-05-15 ·cited 8×
  The court held that while specific performance of the contract was properly denied due to unconscionability and the attorney-client relationship, the trial court erred in denying recovery for the reasonable value of services performed by Mrs. Neary.
• Mays v. Burgess
  152 F.2d 123· D.C. Cir.· 1945-10-31 ·cited 8×
  The court held that the District Court erred by committing appellant for contempt without considering new evidence of changed neighborhood conditions and severe personal hardship.
• Miller v. City OF Greenville
  138 F.2d 712· 8th Cir.· 1943-11-04 ·cited 8×
  The federal court should not exercise jurisdiction over a dispute concerning state taxation of a bridge, as there is no substantial federal question and adequate state remedies exist.
• Fla. Pest Control & Chem. Co. v. Thomas
  520 So. 2d 669· Fla. 1st DCA· 1988-02-24 ·cited 7×
  The Florida District Court of Appeal reversed an injunction that failed to enforce a non-compete clause in an employment contract. The court held that a trial court cannot rewrite or omit provisions from a clear and unambiguous contract, even if it believes a provision is overly
• Pantry Pride Enters., Inc. v. The Stop & Shop Cos., Inc.
  806 F.2d 1227· 4th Cir.· 1986-12-11 ·cited 7×
  A lessor's right of first refusal on a leasehold interest does not extend to equipment offered as a package deal by the lessee to a third party. The allocated price for tax purposes is not binding on the option holder.
• Carpenter v. Benson
  478 So. 2d 353· Fla. 5th DCA· 1985-09-12 ·cited 7×
  Carpenter obtained a judgment against Benson and garnished All County Disposal Corporation for the full judgment amount. When All County failed to timely answer the garnishment writ, Carpenter obtained a default judgment. All County moved to vacate the default, and the trial cour
• Inland OIL & Transp. Co. v. United States
  600 F.2d 725· 8th Cir.· 1979-06-29 ·cited 7×
  The court held that the district court did not abuse its discretion in denying injunctive and declaratory relief, nor did it err in granting summary judgment for the defendants on the damages claim.
• Urfirer v. Cornfeld
  408 F.3d 710· 11th Cir.· 2005-05-05 ·cited 6×
  Michael Urfirer sought damages from his ex-wife's father and brother, Robert and Jeffrey Cornfeld, alleging they fraudulently induced him to sign a waiver of claims to family property in his divorce settlement agreement. The district court granted summary judgment for the Cornfel
• Natural Res. Def. Council v. Watkins
  954 F.2d 974· 4th Cir.· 1992-01-23 ·cited 6×
  The court held that the district court erred in granting summary judgment on the issue of standing because the plaintiffs' affidavits raised a material issue of fact regarding potential harm to the Savannah River. The court affirmed the denial of a preliminary injunction.
• Beatrice Foods Co. v. NEW England Printing & Lithographing Co.
  923 F.2d 1576· Fed. Cir.· 1991-01-23 ·cited 6×
  The court held that enhanced damages under 35 U.S.C. § 284 must be based on willful infringement or bad faith, not merely to compensate for difficulties in proving actual damages. Prejudgment interest can only be applied to the compensatory portion of the award.
• NEW ERA Publ'ns Int'l v. Holt
  884 F.2d 659· 2d Cir.· 1989-08-29 ·cited 6×
  The dissenting judges argue that the panel opinion's language risks misunderstanding copyright law regarding fair use of unpublished works and the availability of injunctions, even though the panel's specific holding was narrow.
• Humphrey v. Baker
  848 F.2d 211· D.C. Cir.· 1988-05-31 ·cited 6×
  The court held that the doctrine of equitable discretion precludes judicial review of this intra-legislative dispute, and alternatively, that the Federal Salary Act of 1967, as amended, does not violate the Ascertainment Clause or the non-delegation doctrine.
• Melcher v. Fed. Open Mkt. Comm.
  836 F.2d 561· D.C. Cir.· 1987-12-18 ·cited 6×
  The court held that principles of equitable discretion articulated in Riegle oblige refusal to reach the merits of Senator Melcher's suit.
• Francine Marxe v. C.W. Jackson
  833 F.2d 1121· 3d Cir.· 1987-11-24 ·cited 6×
  The court held that while a plaintiff's likelihood of success on the merits was supported by the record, the district court erred in finding irreparable harm to the plaintiff without sufficient affirmative evidence, thus reversing the preliminary injunction.
• Judd Gregg v. Barrett
  771 F.2d 539· D.C. Cir.· 1985-09-13 ·cited 6×
  The court held that the First Amendment does not grant a right to receive a verbatim transcript of congressional proceedings, and that judicial review of congressional preparation of the Congressional Record is inappropriate due to separation of powers concerns.
• VAN Gemert v. The Boeing Co.
  739 F.2d 730· 2d Cir.· 1984-06-29 ·cited 6×
  The court held that 28 U.S.C. §§ 2041 and 2042 do not limit a district court's discretion in fashioning an equitable plan for distributing unclaimed class action judgment funds. The court also affirmed the denial of New York's motion to intervene.
• The Gray Panthers v. Schweiker
  716 F.2d 23· D.C. Cir.· 1983-08-19 ·cited 6×
  The court's opinion provides guidance, not precise relief, for the district court regarding notice and hearing procedures.
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  704 F.2d 764· 5th Cir.· 1983-05-09 ·cited 6×
• Sec. & Exch. Comm'n v. Clifton
  700 F.2d 744· D.C. Cir.· 1983-02-25 ·cited 6×
  The court held that the appellant failed to meet the standard for modifying or dissolving a consent decree, as he did not demonstrate grievous wrong evoked by new and unforeseen conditions.
• Boston OLD Colony Ins. Co. v. Balbin
  591 F.2d 1040· 5th Cir.· 1979-03-21 ·cited 6×
  A federal district court may not decline to exercise jurisdiction over an interpleader action simply because a state court action is pending, especially when state certification procedures are available for resolving state law issues.
• Callahan Ware v. Heyne
  575 F.2d 593· 7th Cir.· 1978-04-05 ·cited 6×
  The court held that correctional officials are not immune from damages if they knew or should have known their conduct violated a clearly established constitutional right, and that expunging a report obtained in violation of due process was not an abuse of discretion.
• Watz v. Zapata Off-Shore Co.
  500 F.2d 628· 5th Cir.· 1974-09-16 ·cited 6×
  The court held that the district court properly rejected Campbell's defense of laches because Campbell failed to demonstrate undue prejudice from the delay in notification, and the evidence supported the finding that the defect originated in Campbell's manufacturing process.
• Pete v. United Mine Workers OF Am. Welf. & Ret. Fund OF 1950
  517 F.2d 1267· D.C. Cir.· 1974-08-05 ·cited 6×
• United States v. Eaves
  499 F.2d 869· 10th Cir.· 1974-06-19 ·cited 6×
  The court held that while 26 U.S.C. § 7403 allows for the sale of a taxpayer's interest in jointly owned property to satisfy a tax lien, the district court has discretion to order the sale of only the taxpayer's interest rather than the entire property.
• Delray Beach Whitehouse Apts., Inc. v. Hoffmann
  257 So. 2d 550· Fla.· 1972-01-26 ·cited 6×
  The Florida Supreme Court reversed the Fourth District Court of Appeal and reinstated the trial court's dismissal of a specific performance action for a real estate contract. The vendees failed to comply with the trial court's judgment requiring them to pay off an existing $150,0
• United States v. Knippers & DAY Real Est., Inc.
  425 F.2d 1081· 5th Cir.· 1970-05-14 ·cited 6×
  The court held that the appeal was moot because the Fair Housing Act of 1968 was amended to cover the dwellings in question, rendering the original dispute moot by operation of law.
• Jappinen v. Canada Steamship Lines
  417 F.2d 189· 6th Cir.· 1969-10-10 ·cited 6×
  The dissenting judge believes the trial court did not abuse its discretion in disallowing a late claim filing or in denying a motion to permit a state court action.
• Royal-McBEE Corp. v. Smith-Corona Marchant, Inc.
  295 F.2d 1· 2d Cir.· 1961-08-31 ·cited 6×
  The court held that while the patent was valid and infringed, the award of attorneys' fees was an abuse of discretion due to the patentee's misleading conduct.
• Shell OIL Co. v. Seeligson
  231 F.2d 14· 10th Cir.· 1955-02-28 ·cited 6×
  The court held that a trial court cannot, in a partition action, impose a compulsory oil and gas leasehold estate upon non-consenting co-tenants, as this improperly alters their property rights.
• Gordon v. Woods
  202 F.2d 476· 1st Cir.· 1953-03-11 ·cited 6×
  The court held that attorney's fees and litigation expenses incurred by the trustee in enforcing the contract are not recoverable as damages under the purchase agreement or the supersedeas bond, but net operating losses were proper damages.
• Atl. Coast Line R. Co. v. Mack
  64 So. 2d 304· Fla.· 1952-10-18 ·cited 6×
• E. Coast Lumber Terminal, Inc. v. Town of Babylon
  174 F.2d 106· 2d Cir.· 1949-04-05 ·cited 6×
  The court held that the district court did not err in abstaining from deciding the federal constitutional questions until state courts had an opportunity to interpret the ordinance and state law.
• Chaffee Cnty. Fluorspar Corp. v. Athan
  169 F.2d 448· 10th Cir.· 1948-07-30 ·cited 6×
  The court held that the referee and trial court properly dismissed the Chapter XI arrangement proceedings because no fair, equitable, and feasible plan could be presented without affecting secured creditors' rights.
• LEE v. Rapid City Area Sch. Dist. NO. 51-4
  981 F.2d 316· 8th Cir.· 1992-12-03 ·cited 5×
  The court held that the district court did not abuse its discretion in excluding testimony about the substance of complaints against a teacher, as the offer of proof was too general and the excluded evidence was largely cumulative.
• Metro. Dade Cnty. v. Sunlink Corp.
  642 So. 2d 551· Fla. 3d DCA· 1992-01-28 ·cited 5×
  Metropolitan Dade County appealed a summary judgment declaring void a restrictive covenant that limited property transfers to AT&T affiliates. The Florida appellate court affirmed, holding that the covenant constituted an unreasonable restraint on alienation under the three-part
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• United States & James A. Hill v. Michaud
  907 F.2d 750· 7th Cir.· 1990-07-24 ·cited 4×
  The court held that the summonses must be quashed if a Justice Department referral was in effect, meaning the DOJ requested information about the corporation's taxes.
• Koch v. Koch
  903 F.2d 1333· 10th Cir.· 1990-05-23 ·cited 4×
  The court held that the district court did not err in granting summary judgment for specific performance of the real estate and coin contract, nor did it abuse its discretion in setting the appraised values.
• In re Chicago
  891 F.2d 159· 7th Cir.· 1989-12-07 ·cited 4×
  The court held that the reorganization court had discretion to award interest to compensate for an unreasonable delay in returning wages.
• Cinema N. Corp. v. Plaza AT Latham Assocs. & Hoyt's Cinema Corp.
  867 F.2d 135· 2d Cir.· 1989-02-01 ·cited 4×
  Under New York law, a partnership cannot avoid an agreement signed by its officer simply because the officer lacked written authorization, as the corporate officer exception to the statute of frauds applies to partnership officers acting within the scope of business.