Equitable Relief From Forfeiture

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

• Rader v. Prather
  100 Fla. 591· Fla.· 1930-08-05 ·cited 87×
  The Florida Supreme Court reversed a lower court's dismissal of a lessee's bill in equity seeking relief from forfeiture of a lease. The court held that a court of equity has inherent power to relieve a tenant from forfeiture for nonpayment of rent, even after a judgment in a dis
• Hyman v. Cohen
  73 So. 2d 393· Fla.· 1954-05-25 ·cited 67×
  In this Florida Supreme Court case, a lessee sought recovery of a $25,000 security deposit after the lessor terminated a hotel lease for non-payment of rent. The Court held that the security deposit provision constituted liquidated damages for a premature lease termination (not a
• McCaskill v. Union Naval Stores Co.
  59 Fla. 571· Fla.· 1910-01-01 ·cited 39×
  This case concerns whether a company forfeited its timber rights due to a delay in paying property taxes. The court held that the company's attempt to pay taxes in March was timely, thus preventing forfeiture, and affirmed the lower court's decision.
• Dugan v. Haige
  54 So.2d 201· Fla.· 1951-09-07 ·cited 29×
  The Florida Supreme Court affirmed a lower court's decision to relieve lessees from strict compliance with a lease renewal notice period. The court found that equity could intervene despite the lessees' failure to provide timely written notice, as there was no harm to the lessors
• Wing v. Arnold
  107 So. 2d 765· Fla. 3d DCA· 1958-12-23 ·cited 19×
  Wing Incorporated appeals a chancellor's decree in an equity suit over a 99-year commercial lease. The key issues were whether the lessee's failure to rebuild demolished structures constituted an uncurable default, whether an option to purchase in the lease violated the Rule Agai
• Nevins Drug Co., Inc. v. Bunch
  63 So. 2d 329· Fla.· 1953-02-24 ·cited 16×
  A drug store tenant sought equitable relief from forfeiture of its lease after a summary eviction judgment was entered for nonpayment of rent. The Florida Supreme Court held that a court of equity has inherent power to relieve a tenant from forfeiture based on facts showing the t
• Smith v. Winn Dixie Stores, Inc.
  448 So. 2d 62· Fla. 3d DCA· 1984-04-10 ·cited 15×
  A court of equity may relieve a tenant from forfeiture of a lease where the tenant defaults, even if the owner has not waived the default, if enforcing the forfeiture would be unconscionable, inequitable, or unjust.
• THE Florida BAR v. Neely
  372 So. 2d 89· Fla.· 1979-06-07 ·cited 12×
  The Florida Bar disciplined attorney Gary H. Neely for self-dealing with clients' real estate and lying under oath during disciplinary proceedings. The Florida Supreme Court approved the referee's findings of guilt but rejected a private reprimand as too lenient, imposing instead
• Am. Houses, Inc. v. Schneider
  211 F.2d 881· 3d Cir.· 1954-04-08 ·cited 12×
  A federal court of equity may grant relief from strict lease renewal notice requirements when the tenant's delay is due to a reasonable misunderstanding and would result in significant hardship, and the lessor's position has not materially changed.
• Sharpe v. Sentry Drugs, Inc.
  505 So. 2d 618· Fla. 3d DCA· 1987-04-14 ·cited 10×
  The court held that a lessee's violation of a lease provision by subleasing a small portion of the premises without prior written consent was insufficient to support forfeiture of the entire lease, especially when forfeiture would result in a windfall to the lessor.
• Friendship Park Prop. Corp. v. Shaw
  505 So. 2d 456· Fla. 1st DCA· 1987-02-10 ·cited 10×
  Friendship Park Property Corporation appealed a trial court's denial of equitable relief from forfeiture of a commercial lease due to its failure to timely exercise a renewal option. The court affirmed the denial, holding that although negligence and mistake were involved, the su
• Phillips Petroleum Co. v. Curtis
  182 F.2d 122· 10th Cir.· 1950-04-28 ·cited 10×
  Under Oklahoma law, a lessee is not entitled to equitable relief from the termination of an 'unless' lease due to failure to pay delay rental when the failure was caused by the mistake of the lessee's own employee.
• SHEDDF2-FL3, LLC v. Penthouse S., LLC
  314 So. 3d 403· Fla. 3d DCA· 2020-11-04 ·cited 9×
  A contract provision cannot be found unconscionable without evidence of procedural unconscionability, and when parties are represented by counsel and enter into a clear and unambiguous agreement with no absence of meaningful choice, the unconscionability claim fails as a matter o
• Fowler v. Resash Corp.
  469 So. 2d 153· Fla. 3d DCA· 1985-03-26 ·cited 7×
  A court of equity has the inherent power to relieve lessees from forfeiture of a lease, even after a jury verdict, when forfeiture would be unconscionable and result in unjust enrichment.
• In re Gunning et ux. Neely v. Gunning et ux.
  124 F.2d 7· 9th Cir.· 1941-12-04 ·cited 4×
• Thrifty Dutchman, Inc. v. Fla. Supermarkets, Inc.
  541 So. 2d 634· Fla. 3d DCA· 1989-01-17 ·cited 3×
  Thrifty Dutchman, a property owner-lessor, appeals a trial court decision granting equitable relief to Florida Supermarkets, a lessee who failed to timely renew a commercial lease option. The appellate court reverses, holding that equity cannot relieve a lessee from the consequen
• LJC Corp. v. Boyle
  768 F.2d 1489· D.C. Cir.· 1985-08-02 ·cited 3×
  A commercial tenant who inadvertently breaches a lease, is evicted, and later regains possession due to equitable relief, must still pay rent for the period of eviction.
• Deauville Corp. v. Garden Suburbs Golf & Country Club, Inc.
  164 F.2d 430· 5th Cir.· 1947-11-18 ·cited 3×
  The court held that the statutory eviction remedy was not applicable due to disputed rent amounts and lack of proper demand, and that dismissal was premature given the circumstances.
• Bennett v. Orange State OIL Co.
  159 Fla. 440· Fla.· 1947-08-01 ·cited 1×
  The court reviewed a decree dismissing a bill of complaint seeking to enjoin eviction, have a lease declared a mortgage, and compel assignment of the lease, ultimately affirming the dismissal.
• Riddle Airlines, Inc. v. Mann
  124 So. 2d 19· Fla. 3d DCA· 1960-10-27
  Riddle Airlines appealed the strike of its equity complaint alleging that a lease-with-option-to-purchase agreement constituted a usurious loan disguised as a lease. The trial court found the complaint was a sham because Riddle's key factual allegations—that it had engaged Italia
• Holland v. Anderson Bros. Corp.
  207 F.2d 830· 10th Cir.· 1953-10-28
  The option to purchase remained valid despite a dishonored check caused by a bank error, and the lessee was entitled to equitable relief from forfeiture.
• Wuchner v. Goggin
  175 F.2d 261· 9th Cir.· 1949-06-03
  The court held that an attempted tender of payment through escrow instructions not agreed upon by the seller, and containing terms outside the original contract, was abortive and did not constitute a valid tender. The court also held that the trial court should determine if the b