Equitable Discretion

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

• Fuentes v. Immigr. & Naturalization Serv.
  765 F.2d 886· 9th Cir.· 1985-07-10 ·cited 4×
  The court held that the Board of Immigration Appeals (BIA) should reconsider the motion to reopen deportation proceedings to allow the Attorney General to exercise equitable discretion, considering the petitioner's retaliation claim.
• In re Dorwin B. Cook v. T.F. Fletcher, Jr.
  730 F.2d 1324· 9th Cir.· 1984-04-16 ·cited 4×
  The appeal is dismissed as moot because the appellants' subsequent Chapter 7 discharge and failure to seek a stay of the bankruptcy court's orders prevent the court from granting effective relief.
• Friends FOR ALL Child., Inc. v. Lockheed Aircraft Corp.
  725 F.2d 1392· D.C. Cir.· 1984-01-13 ·cited 4×
  Guardians ad litem can be awarded fees regardless of the litigation's outcome, as they are court officers tasked with protecting minors.
• The State OF Kan. v. Brock Adams
  705 F.2d 1267· 10th Cir.· 1983-04-18 ·cited 4×
  The court held that the district court did not abuse its discretion in denying costs and expenses incurred during a temporary restraining order, as the injunction was dissolved due to intervening Congressional action rather than being wrongfully issued.
• Chico Antone v. Block
  661 F.2d 230· D.C. Cir.· 1981-08-10 ·cited 4×
  The court held that the Department of Agriculture's timetable for implementing food programs on Indian lands was supported by substantial evidence and thus valid, reversing the district court's decision to set it aside.
• Dunlop v. Saghatelian
  520 F.2d 788· 9th Cir.· 1975-08-01 ·cited 4×
  The court held that its original decision denying rehearing en banc was not inconsistent with Albemarle Paper, and the district court's denial of a restitutionary injunction was a proper exercise of equitable discretion.
• Molina v. Reiss
  254 So. 2d 853· Fla. 3d DCA· 1971-11-02 ·cited 4×
  The trial court's denial of specific performance was supported by competent substantial evidence, and the judgment is affirmed.
• Modart, Inc. v. Penrose Indus. Corp. (a
  404 F.2d 72· 3d Cir.· 1968-10-18 ·cited 4×
  The court held that a judgment creditor, whose judgment was obtained in another state and not docketed until after a conservator was appointed, has no lien or vested right to funds held by the conservator.
• Walker Transp. Co., Inc. v. Neylon
  396 F.2d 558· 8th Cir.· 1968-06-27 ·cited 4×
  The court held that the parties abandoned the 1962 supplemental contract and continued to operate under the 1960 contract, as conditionally approved by the ICC, and that the trial court did not err in granting specific performance.
• United States v. Ahtanum Irrigation Dist.
  330 F.2d 897· 9th Cir.· 1964-03-18 ·cited 4×
  The court held that the lower court erred by failing to determine the extent and limitations of the defendants' water rights under Washington law as of 1908, instead adopting a master's report based on hypothetical needs rather than actual beneficial use.
• Otto J. Matousek v. Cooper
  111 So. 2d 65· Fla. 2d DCA· 1959-04-17 ·cited 4×
  Appellants sued for specific performance of a land sale contract after sellers claimed they could not provide marketable title. The trial court dismissed for laches (unreasonable delay), and appellants appealed. The appellate court affirmed the dismissal for laches but reversed r
• H. P. Coffee Co. v. Reconstr. Fin. Corp.
  215 F.2d 818· Emer. Ct. App.· 1954-10-08 ·cited 4×
  The court held that the recapture provisions of the agreement, based on total terminal inventory, were valid and enforceable, and that the assessment of interest on the recaptured amount was proper.
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  154 F.2d 909· 8th Cir.· 1946-04-05 ·cited 4×
  The fund accumulated from wholesale gas rate reductions belongs to the gas distributors, not the ultimate retail consumers, and any distribution costs cannot be imposed on Panhandle.
• Lawrence Print Works, Inc. v. Lynch
  146 F.2d 996· 1st Cir.· 1945-01-29 ·cited 4×
  The court affirmed the district court's judgment, holding that federal courts should not interfere with state fiscal operations, especially when adequate state remedies exist.
• Browning v. Karen Browning and the Estate of John A. Browning
  784 So. 2d 1145· Fla. 2d DCA· 2001-02-28 ·cited 3×
  A mother sought life insurance proceeds on behalf of her minor child from her ex-husband's estate, claiming the father violated a dissolution decree requiring him to maintain $100,000 life insurance with the child as beneficiary. The trial court awarded the proceeds to the father
• Levin v. Levin
  745 So. 2d 1077· Fla. 1st DCA· 1999-11-22 ·cited 3×
  In this Florida dissolution of marriage case, the appellate court affirmed most of the trial court's judgment but reversed and remanded three critical alimony-related issues: the trial court's failure to require the husband to secure alimony through life insurance or other assets
• Hipp v. Liberty Nat'l Life Ins.
  29 F. Supp. 2d 1314· M.D. Fla.· 1998-11-20 ·cited 2×
  The court held that liquidated damages under the ADEA preclude punitive damages under the Florida Civil Rights Act, and that while front pay is appropriate, the jury's advisory awards based on unreliable expert testimony must be recalculated.
• Barnes v. Resolution Tr. Corp. for City Fed. Sav. Bank
  664 So. 2d 1171· Fla. 4th DCA· 1995-12-27 ·cited 2×
  The Florida District Court of Appeal affirmed a mortgage foreclosure judgment but reversed the lower court's decision regarding the retention of payments made by the appellants. The court held that the appellants, who were second mortgagees, were not entitled to retain payments m
• The Omaha Indem. Co. & The Mut. of Omaha Ins. Co. v. Wining
  949 F.2d 235· 8th Cir.· 1991-11-08 ·cited 2×
  The court held that interlocutory orders restraining asset transfers and appointing a receiver, issued in the context of civil contempt proceedings, were appealable as modifications of a preliminary injunction and were a proper exercise of the district court's equitable discretio
• Kalima Jenkins v. The State OF Mo.
  942 F.2d 487· 8th Cir.· 1991-08-14 ·cited 2×
  The court held that the district court did not err in approving a contingency plan that temporarily deviated from strict racial admissions quotas for magnet schools, nor in rejecting the State's proposed alternatives.
• Merle Norman Cosmetics, Inc. v. Victa
  936 F.2d 466· 9th Cir.· 1991-06-26 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to enjoin state court proceedings, as federal courts should generally defer to state courts' ability to resolve disputes.
• Alessi v. Commonwealth OF Pa.
  893 F.2d 1444· 3d Cir.· 1990-01-11 ·cited 2×
  The Eleventh Amendment bars federal courts from awarding relief for violations of state law, even if framed as a procedural due process claim.
• McLAUGHLIN v. Lodge 647
  876 F.2d 648· 8th Cir.· 1989-06-01 ·cited 2×
  A district court has equitable discretion to refuse to order a rerun union election supervised by the Secretary of Labor, even if LMRDA violations are found, if an intervening election has remedied those violations.
• Charter Crude Oil Co. v. Exxon Co.
  103 B.R. 302· M.D. Fla.· 1989-04-20 ·cited 2×
  The court held that Exxon's objections to the bankruptcy court's report and recommendation were overruled, adopting the bankruptcy court's findings regarding setoff, prejudgment interest, contract interpretation, mitigation of damages, and allowance of claims.
• Habetz v. La. High Sch. Athletic Ass'n & Dr. Thomas G. Clausen
  842 F.2d 136· 5th Cir.· 1988-04-15 ·cited 2×
  The court held that the case was moot because the LHSAA voluntarily amended its by-laws to allow female participation in sports lacking a girls' equivalent, rendering the original controversy moot.
• State v. AIR Jamaica Ltd.
  522 So. 2d 446· Fla. 1st DCA· 1988-03-11 ·cited 2×
  The Florida Department of Revenue appealed orders denying its collection of statutory interest against Air Jamaica and Wardair Canada for sales taxes on aviation fuel. The court reversed, holding that the trial court had jurisdiction to award statutory interest and that the state
• Matter of Trinity Indus., Inc.
  674 F. Supp. 337· M.D. Fla.· 1987-11-18 ·cited 2×
  The court held that while the Secretary of Labor is entitled to attorney fees and expenses in a civil contempt action, the award must be limited to expenses reasonably and necessarily incurred after the Eleventh Circuit's decision in Donovan v. Mosher Steel Co., and certain indir
• Bernadette Charles v. Charles
  788 F.2d 960· 3d Cir.· 1986-04-22 ·cited 2×
  The court should have held that the Virgin Islands legislature's amendment to its divorce statute clearly intended to eliminate marital fault as a factor in property disposition, including homesteads.
• United States v. Pilla
  711 F.2d 94· 8th Cir.· 1983-07-05 ·cited 2×
  The court held that while a federal tax lien can attach to property jointly owned with a non-liable spouse, the non-liable spouse's homestead interest must be recognized and potentially compensated.
• United States v. Osterlund
  671 F.2d 1267· 10th Cir.· 1982-03-02 ·cited 2×
  Courts cannot award damages in lieu of an injunction to evict a trespasser from national forest land, as Congress has exclusive power to manage federal lands.
• Morris v. Watt
  640 F.2d 404· D.C. Cir.· 1981-01-27 ·cited 2×
  The court held that while the old constitutions remain valid, the district court correctly allowed referenda to establish new governments due to the impracticality of reconstituting old legislatures. However, the referenda procedures were flawed and did not comply with Harjo stan
• McDERMOTT Inc. v. Wheelabrator-Frye, Inc.
  649 F.2d 489· 7th Cir.· 1980-09-25 ·cited 2×
  The court held that an increase in the number of shares sought in a tender offer does not constitute a new offer requiring a full extension of the offer period under the Williams Act and SEC regulations.
• Marshall v. The Valhalla INN
  590 F.2d 306· 9th Cir.· 1979-01-25 ·cited 2×
  The court held that the district court had jurisdiction to restrain the withholding of overtime wages and that the calculation of back wages was proper.
• Schaefer v. Tannian
  538 F.2d 1234· 6th Cir.· 1976-06-25 ·cited 2×
  The court held that the district court's preliminary injunction improperly extended to male officers hired with CETA funds and that the issue of retroactive seniority for victims of discrimination requires further consideration in light of Franks v. Bowman.
• Reserve Life Ins. Co. & Midland Nat'l Life Ins. Co. v. Pitfield MacKay & Co.
  528 F.2d 120· 8th Cir.· 1976-01-16 ·cited 2×
  The court held that the district court's order generally complied with the prior mandate, but required modification to allow for extensions on certificate exchanges due to valid reasons, and affirmed the denial of intervention.
• Tcherepnin v. Hon. William J. Campbell
  469 F.2d 531· 7th Cir.· 1972-11-10 ·cited 2×
  The court held that the district court did not abuse its equitable discretion in denying a motion to alter a judgment to allow for interim attorneys' fees, thus denying the petition for a writ of mandamus or prohibition.
• Penn Cent. Co. v. Buckley & Co., Inc.
  415 F.2d 762· 3d Cir.· 1969-08-05 ·cited 2×
  The court held that the denial of injunctive relief was a permissible exercise of equitable discretion based on the record.
• United States v. Wier
  281 F.2d 850· 5th Cir.· 1960-08-08 ·cited 2×
  The court held that the judgment was not final and therefore unappealable because the district court explicitly retained jurisdiction for further proceedings. The dissent argued that the majority erred in substituting its judgment for the trial court's findings of fact and in its
• Yates et ux. v. Gulf Oil Corp.
  182 F.2d 286· 5th Cir.· 1950-05-12 ·cited 2×
• Hotel Enters. v. Porter
  157 F.2d 690· Emer. Ct. App.· 1946-09-12 ·cited 2×
  The court held that a biennial demand for hotel rooms during legislative sessions qualifies as 'seasonal demand' under the Rent Regulation, and that special circumstances, such as a manager's incapacitation and prior administrative approval, warrant retroactive rent adjustment.
• DR. William Howard Hay Found. v. Safety Harbor Sanatorium
  145 F.2d 661· 5th Cir.· 1944-11-16 ·cited 2×
• Smith v. Kallio
  94 Fla. 895· Fla.· 1927-11-08 ·cited 2×
  Margaret Smith appealed the dismissal of her bill seeking specific performance of a land sale contract with the Kallios. The Florida Supreme Court affirmed the dismissal, finding the bill defectively pleaded with ambiguities about whether the underlying contract was written or or
• United States v. Cruz
  618 F. Supp. 2d 1372· S.D. Fla.· 2008-12-30 ·cited 1×
  The court held that while defendants engaged in conduct impeding IRS administration, their efforts to correct past behavior and implement new procedures warranted keeping them in business with an injunction against offending conduct.
• In re Curry
  148 B.R. 966· S.D. Fla.· 1992-12-31 ·cited 1×
  The court held that a public housing authority violates 11 U.S.C. § 525(a) by attempting to evict a tenant solely for non-payment of rent that is dischargeable in bankruptcy, as § 525(a) is more specific than § 365(b)(1)(A) and overrides its requirements.
• Jennings v. Dade Cnty. & Larry Schatzman
  589 So. 2d 1345· Fla. 3d DCA· 1991-08-06 ·cited 1×
  Jennings challenged a county commission decision granting a variance to Schatzman to operate an oil change business, alleging ex parte communications between Schatzman's lobbyist and commissioners violated due process. The court held that proof of ex parte contact in quasi-judici
• United States v. Johnson
  714 F. Supp. 522· S.D. Fla.· 1989-06-05 ·cited 1×
  A federal district court has the equitable discretion to expunge a criminal record when the harm to the individual from its maintenance is real and substantial, particularly when the individual was acquitted due to insufficient evidence and faces significant future hardship.
• United States v. Wheeling-Pittsburgh Steel Corp.
  866 F.2d 57· 3d Cir.· 1988-10-12 ·cited 1×
  The court held that the district court abused its discretion by amending a consent decree based on economic considerations, which were explicitly prohibited by prior precedent.
• Alvear v. Jackie Z. Style Co.
  M.D. Fla.· 2025-01-23
  The court denied the parties' motion for a proposed consent judgment because it lacked a sufficient factual and legal basis and contained terms too vague for effective enforcement.
• Pauly v. Hartford Ins. Co. of the Midwest
  M.D. Fla.· 2024-09-17
  Plaintiffs in an insurance dispute sought to voluntarily dismiss their action without prejudice under Federal Rule of Civil Procedure 41(a)(2). The court granted the motion, finding that the equities favored dismissal, particularly given the defendant's lack of opposition.
• Infogroup Inc. v. Off. Depot, Inc.
  S.D. Fla.· 2024-03-21
  The court accepted the magistrate judge's report, granting attorney fees to the defendant under the licensing agreement but denying costs, and rejecting the defendant's claim for fees under the Copyright Act.