Equitable Remedies

1,030 Florida cases classified under this topic, plus 246 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Johnson v. Ga. Hwy. Express, Inc.
  417 F.2d 1122· 5th Cir.· 1969-10-30 ·cited 293×
  The court reversed the district court's decision, finding that the class was defined too narrowly and must be extended, but did not set precise limits at the appellate level.
• Dania Jai-Alai Palace, Inc. v. Sykes
  450 So. 2d 1114· Fla.· 1984-05-03 ·cited 272×
  The Florida Supreme Court reversed a district court decision that pierced the corporate veil of a parent company without finding improper conduct, holding that piercing the corporate veil requires a showing of improper conduct, fraud, or misuse of the corporate form. The Court al
• Nazareth Gates v. Collier
  501 F.2d 1291· 5th Cir.· 1974-09-20 ·cited 232×
  The court held that the district court did not err in ordering prison renovations and administrative reforms, as the state conceded the unconstitutionality of the conditions and the relief was necessary to meet constitutional standards.
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×·via Equitable Powers Of Federal Courts
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Roland Mach. Co. v. Dresser Indus., Inc.
  749 F.2d 380· 7th Cir.· 1984-08-31 ·cited 189×
  The court held that the standard for granting and reviewing preliminary injunctions is complex and often inconsistently applied, but requires balancing irreparable harm, likelihood of success, and public interest.
• Morrow v. Dillard
  580 F.2d 1284· 5th Cir.· 1978-09-29 ·cited 174×
  The court held that the doctrine of law of the case precluded reconsideration of the constitutionality of affirmative hiring relief, and that the district court did not abuse its discretion in ordering such relief. The court also found that the district court erred in denying att
• Carter v. Gallagher
  452 F.2d 315· 8th Cir.· 1971-09-09 ·cited 170×·via Equitable Decree
• Franks v. Bowman Transp. Co.
  495 F.2d 398· 5th Cir.· 1974-06-03 ·cited 169×
  The court held that the thirty-day limitations period for a Title VII action begins to run only upon the aggrieved party's actual receipt of the EEOC's suit letter, not upon its mailing or constructive receipt. The court also held that arbitration awards are not binding in Title
• Humphrys v. Jarrell
  104 So. 2d 404· Fla. 2d DCA· 1958-07-16 ·cited 150×
  Sellers appealed a summary decree ordering them to execute a deed for land sold under a contract. The court reversed, holding that genuine issues of material fact existed regarding title marketability and the parties' conduct that precluded summary judgment in an equitable specif
• Bartram v. U.S. Bank Nat'l Ass'n
  211 So. 3d 1009· Fla.· 2016-11-03 ·cited 127×
  The Florida Supreme Court held that when a mortgage foreclosure action is involuntarily dismissed, the effect is to revoke the acceleration and restore the mortgagor's right to continue installment payments. Consequently, the five-year statute of limitations does not bar a subseq
• Bing v. Roadway Express, Inc.
  485 F.2d 441· 1st Cir.· 1973-10-15 ·cited 124×
  The court held that the trial court's implicit determination of the class action was proper, and that seniority should be determined by the date an employee would have transferred but for discrimination, applying the 'rightful place' theory.
• Aden E. Waterman v. Reola A. Higgins
  28 Fla. 660· Fla.· 1891-06-01 ·cited 123×
  The Florida Supreme Court affirmed a chancellor's decree dismissing a bill filed by heirs of Aden Waterman's first marriage seeking to cancel a deed he executed to his second wife during coverture. The court held that such deeds are valid in equity when made on meritorious consid
• Lawson Prods., Inc. v. Avnet, Inc.
  782 F.2d 1429· 7th Cir.· 1986-02-10 ·cited 116×
  The court held that the district court did not err in denying the preliminary injunction, affirming that preliminary injunction decisions involve significant discretion for the district judge and are reviewed with deference.
• Brown v. Gaston Cnty. Dyeing Mach. Co.
  457 F.2d 1377· 4th Cir.· 1972-03-28 ·cited 116×
  The court held that while the individual plaintiff's Title VII claim was properly dismissed, the class action for racial discrimination should not have been dismissed and is remanded for further proceedings. The court also affirmed the § 1981 claim for back pay for the period bef
• Morgan Rundel v. Gordon
  92 Fla. 1110· Fla.· 1927-01-03 ·cited 114×
  Morgan Rundel sought specific performance of an alleged land sale contract with Horace Gordon in Hillsborough County, Florida. The Florida Supreme Court affirmed dismissal of the bill for complaint, holding that the written memoranda (two letters) constituted only a proposition a
• United States v. City OF Chicago
  549 F.2d 415· 7th Cir.· 1977-01-11 ·cited 113×
  The court held that the withholding of federal revenue sharing funds from the City of Chicago was an improper and improvident exercise of equitable discretion.
• Head v. Timken Roller Bearing Co.
  486 F.2d 870· 6th Cir.· 1973-10-12 ·cited 112×
  The court held that the district court erred in denying leave to amend the pleadings to add a claim under 42 U.S.C. § 1981 and in failing to award back pay for the period of Title VII violations, but affirmed the denial of an injunction against the limited bid system.
• United States v. Wood
  295 F.2d 772· 5th Cir.· 1961-10-27 ·cited 111×·via Equitable Powers Of Federal Courts
  The dissenting judge argues that the district court's denial of a temporary restraining order was not appealable and that the federal government is not immunized from the federal anti-injunction statute.
• Providence Square Ass'n, Inc. v. Biancardi
  507 So. 2d 1366· Fla.· 1987-04-23 ·cited 110×
  The Florida Supreme Court held that a condominium declaration may be reformed on equitable grounds to correct a mutual mistake regarding unit ownership percentages in common elements, even though the declaration is a unilateral document. The court reversed the district court's de
• Southmark Props. & St. Charles Ave., Inc. v. The Charles House Corp.
  742 F.2d 862· 5th Cir.· 1984-09-28 ·cited 110×·via Equitable Relief From Judgment
  The court held that the appellants' counterclaim was barred by the doctrine of res judicata because the claims asserted were identical to those that could have been raised and determined in the prior bankruptcy reorganization proceedings. The court also affirmed the grant of summ
• Swofford v. B & W, Inc.
  336 F.2d 406· 5th Cir.· 1964-07-28 ·cited 109×
  The court held that a jury trial is available for legal claims within a patent infringement suit, but exemplary damages and attorney fees are discretionary with the judge. Separate trials for liability and damages are permissible under Rule 42(b).
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  482 F.2d 1333· 2d Cir.· 1973-06-28 ·cited 107×
  The court held that while hiring quotas were permissible to remedy past discrimination in police examinations, quotas for promotions above the rank of patrolman constituted an abuse of discretion.
• Singleton v. Greymar Assocs.
  882 So. 2d 1004· Fla.· 2004-09-15 ·cited 106×
  The Florida Supreme Court resolved a conflict between district courts regarding whether res judicata bars successive foreclosure actions on the same mortgage when different periods of default are alleged. The Court held that a dismissal with prejudice in a foreclosure action does
• State OF Ala. v. United States
  304 F.2d 583· 5th Cir.· 1962-06-01 ·cited 105×·via Equitable Powers Of Federal Courts
  The court held that the Civil Rights Act of 1957, as amended, empowers federal district courts to issue mandatory injunctions ordering the registration of voters found to have been discriminatorily denied registration due to race.
• McCarthan v. Dir. OF Goodwill Industries-Suncoast, Inc.
  851 F.3d 1076· 11th Cir.· 2017-03-14 ·cited 103×
  The "saving clause" of 28 U.S.C. § 2255(e) allows a federal prisoner to seek habeas corpus relief under 28 U.S.C. § 2241 if the remedy by motion under § 2255 is inadequate or ineffective to test the legality of detention. This inadequacy must be assessed at the time the § 2241 pe
• Black & Yates, Inc. v. Mahogany Ass'n, Inc.
  129 F.2d 227· 3d Cir.· 1941-06-30 ·cited 98×
  The court held that equity has jurisdiction to restrain trade libel, even if it involves statements about quality, and that the plaintiffs' antitrust claims were insufficiently pleaded.
• White v. Mathews
  559 F.2d 852· 2d Cir.· 1977-07-18 ·cited 97×
  The court held that the district court had jurisdiction to order the Social Security Administration to reduce unreasonable delays in adjudicating disability claims, and that the order for prospective payments was an appropriate equitable remedy.
• Spain v. Procunier
  600 F.2d 189· 9th Cir.· 1979-05-30 ·cited 93×·via Equitable Decree
  The court held that the district court erred in requiring a three-judge panel and modified the injunctions regarding tear gas and mechanical restraints, while affirming the prohibition of neck chains within the prison.
• United States v. Best
  573 F.2d 1095· 9th Cir.· 1978-03-31 ·cited 92×
  A federal magistrate cannot suspend a state-issued driver's license under the Assimilative Crimes Act because license suspension is a regulatory, not punitive, measure under state law and federal courts cannot directly interfere with state regulation of its own privileges.
• Evans v. Sheraton Park Hotel
  503 F.2d 177· D.C. Cir.· 1974-09-12 ·cited 90×
• Donovan v. Loran W. Robbins
  752 F.2d 1170· 7th Cir.· 1985-01-03 ·cited 89×·via Equitable Powers Of Federal Courts
  The court held that the district court erred in not approving the settlement agreement because ERISA permits equitable contribution among co-trustees, and the comparative fault rule discussed by the majority is inapplicable and unnecessary dicta.
• Sec. & Exch. Comm'n v. Commonwealth Chem. Sec., Inc.
  574 F.2d 90· 2d Cir.· 1978-03-03 ·cited 88×
  The court held that the district court erred in denying a jury trial for claims seeking monetary damages, but affirmed the denial of a jury trial for equitable claims like injunctions and disgorgement. The court also found insufficient evidence to support findings of market manip
• Ga. Cas. Co. v. O'Donnell
  109 Fla. 290· Fla.· 1933-03-24 ·cited 87×
  This case addresses whether a Florida circuit court has jurisdiction to foreclose a mortgage on land located in a different county than where the suit was filed. The appellate court held that such a suit must be brought in the county where the property is located.
• Cilabot v. The Winter Park Co.
  34 Fla. 258· Fla.· 1894-06-01 ·cited 86×
  In this 1894 Florida Supreme Court case, Charles Cilabot sought specific performance of a contract to purchase a lot in Winter Park or compensation for improvements made. The court affirmed dismissal of the bill, holding that Cilabot's unreasonable delays and failure to respond t
• Daniel Mones, P.A. v. Smith
  486 So. 2d 559· Fla.· 1986-03-20 ·cited 85×
  The Florida Supreme Court held that an attorney may claim a valid retaining lien on client settlement proceeds held in trust to secure payment of disputed fees for services rendered, but may not claim a charging lien without proper notice during the original proceeding. The court
• Craton Liddell v. State OF Mo.
  731 F.2d 1294· 8th Cir.· 1984-02-08 ·cited 85×
  The court, in a dissenting opinion, argues that the State of Missouri should not be required to fund a settlement that imposes obligations beyond the scope of the established intradistrict constitutional violation. The dissent contends that the approved interdistrict remedy and t
• Williamson v. Handy Button Mach. Co.
  817 F.2d 1290· 7th Cir.· 1987-05-04 ·cited 84×
  The court held that the jury's verdict on factual issues governs in a joint trial of legal and equitable claims, and that prejudgment interest on back pay is a necessary element of full compensation under § 1981.
• Martin v. Albee
  93 Fla. 941· Fla.· 1927-04-26 ·cited 84×
  Martin appeals the dismissal of his bill for specific performance of a land purchase option agreement with the defendants Albee & Nash. The Florida Supreme Court reverses, holding that Martin's allegations of readiness and willingness to perform, combined with the defendants' rep
• Bradley v. Milliken
  484 F.2d 215· 6th Cir.· 1973-06-12 ·cited 83×
  The majority opinion allows parties to offer additional evidence on remand but upholds prior rulings on segregation and desegregation plans as not clearly erroneous.
• Crosley Corp. v. Hazeltine Corp.
  122 F.2d 925· 3d Cir.· 1941-09-11 ·cited 83×·via Equitable Powers Of Federal Courts
  A federal district court that first obtains jurisdiction of the parties and issues may enjoin proceedings involving the same issues and parties begun thereafter in another federal district court.
• Deutsche Bank Tr. Co. Americas v. Beauvais
  188 So. 3d 938· Fla. 3d DCA· 2016-04-13 ·cited 79×
  Deutsche Bank appealed a summary judgment denying foreclosure on a mortgage after the prior foreclosure action was dismissed without prejudice. The court held that under Singleton v. Greymar Associates, a subsequent foreclosure action based on a new default is not barred by the s
• Jax Ice & Cold Storage Co. v. S. Fla. Farms Co.
  91 Fla. 593· Fla.· 1926-04-08 ·cited 79×
  This interpleader suit involved a judgment creditor (South Florida Farms Company) seeking to deposit disputed judgment proceeds into the court registry rather than risk double liability by paying multiple claimants. The Florida Supreme Court reversed, holding that interpleader wa
• Newman v. State OF Ala.
  683 F.2d 1312· 11th Cir.· 1982-08-09 ·cited 78×
  The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
• United States v. Tex. Educ. Agency
  467 F.2d 848· 5th Cir.· 1972-08-02 ·cited 78×
  The court held that the Austin Independent School District (AISD) engaged in de jure segregation of Mexican-American students through its actions regarding school site selection, zoning, and student assignment, and that the district court erred in finding otherwise. The court als
• Spencer v. United States
  773 F.3d 1132· 11th Cir.· 2014-11-14 ·cited 75×
  The dissenting judges argue that an erroneous career offender designation, resulting in a significantly increased sentence, constitutes a fundamental defect and a miscarriage of justice cognizable under 28 U.S.C. § 2255, even if the sentence is below the statutory maximum and the
• Century Vill., Inc. v. Wellington
  361 So. 2d 128· Fla.· 1978-07-13 ·cited 75×
  Century Village, Inc. appealed an order upholding the constitutionality of Florida Statute Section 711.63(4), which requires condominium unit owners to deposit disputed rents into court registry during litigation over recreational leases. The Florida Supreme Court held that the s
• Gibson v. Bennett
  561 So. 2d 565· Fla.· 1990-05-10 ·cited 74×
  The Florida Supreme Court held that circuit courts have jurisdiction to enforce foreign judgments for child support arrearages through equitable remedies, including contempt proceedings, even after the judgment has been reduced to a money judgment and after the child reaches majo
• W. OIL & GAS Ass'n v. The United States Env't Prot. Agency
  633 F.2d 803· 9th Cir.· 1980-12-01 ·cited 74×
  The court held that the EPA violated the Administrative Procedure Act by failing to provide adequate notice and opportunity for public comment before promulgating air quality designations, but that the designations would remain in effect during the reenactment of the deliberative
• United States v. Denson
  603 F.2d 1143· 5th Cir.· 1979-10-04 ·cited 70×
• Blue Cross AND Blue Shield OF Alabama v. Weitz
  913 F.2d 1544· 11th Cir.· 1990-10-10 ·cited 69×·via Equitable Restitution
  The court held that ERISA jurisdiction under 29 U.S.C. § 1132(a)(3) applies to actions by fiduciaries seeking restitution for plan violations, and that defenses raised for the first time on appeal are waived.