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

• Butler v. Lomelo
  355 So. 2d 1208· Fla. 4th DCA· 1977-11-09 ·cited 12×·via Claim For Equitable Relief
  Eight firefighters challenged their furlough by the City of Sunrise, claiming denial of due process and seeking injunctive and declaratory relief, as well as damages for mental anguish. The trial court denied equitable relief but a jury awarded damages including compensation for
• Bizzell v. Hemingway
  548 F.2d 505· 4th Cir.· 1977-02-03 ·cited 12×·via Equitable Relief From Judgment
  The district court had jurisdiction over claims against Hemingway and equitable jurisdiction over claims against Fairco, and the securities fraud claims were not barred by the statute of limitations.
• Cunningham v. Grayson
  541 F.2d 538· 6th Cir.· 1976-08-23 ·cited 12×
  The court held that the district court's dismissal of the action against Anchorage Independent School District was improper if the district's boundaries were drawn to exclude black children.
• Tallulah Morgan v. Kerrigan
  509 F.2d 599· 1st Cir.· 1975-01-28 ·cited 12×
  The court held that the district court's remedial orders for faculty and staff desegregation were within its equitable powers to rectify constitutional violations.
• Hotel-Motel v. Black Angus OF Lauderhill, Inc.
  290 So. 2d 479· Fla.· 1974-02-20 ·cited 12×
  The Florida Supreme Court resolved a conflict between District Courts of Appeal regarding whether a party may appeal an ex parte temporary restraining order on labor dispute grounds without first moving to dissolve it. The Court held that such an interlocutory appeal is permissib
• Woodall v. Pettibone
  465 F.2d 49· 4th Cir.· 1972-08-08 ·cited 12×
  The court held that the prior ruling declaring Maryland's juvenile justice laws unconstitutional should be applied retroactively, but relief must be determined on a case-by-case basis.
• Ceola Cooks v. Fowler
  437 F.2d 669· D.C. Cir.· 1970-11-13 ·cited 12×
  The court held that an appeal from an order denying a stay of a protective order pending appeal is appealable as a collateral order, and granted a conditional stay of eviction pending the appeal.
• Am. Metro. Enters. OF NEW York, Inc. v. Warner Bros. Records, Inc.
  389 F.2d 903· 2d Cir.· 1968-02-16 ·cited 12×
  The court held that a preliminary injunction is not warranted for mechanical music copyrights once the owner has acquiesced in their use, as exclusivity is lost and irreparable harm is not presumed.
• Evans Reamer & Mach. Co. v. The United States
  386 F.2d 873· Ct. Cl.· 1967-11-09 ·cited 12×
  The dissenting judge believes the contracting officer had a duty to warn the plaintiff of potential price changes, and failure to do so warrants equitable remedies.
• Inez B. Mintzer v. Arthur L. Wright & Co., Inc.
  263 F.2d 823· 3d Cir.· 1959-02-17 ·cited 12×
  The court held that the appointment of a receiver was an abuse of discretion because the plaintiffs failed to establish a sufficient equitable interest in the defendant's property or demonstrate fraud, imminent danger, or inadequate legal remedies under Pennsylvania law.
• Miller v. Miller
  105 So. 2d 386· Fla. 1st DCA· 1958-10-02 ·cited 12×
  The court held that Florida equity courts have jurisdiction to enforce foreign judgments for alimony and support arrearages, and can award attorney's fees in such cases.
• United States v. Ziomek & 10 other cases
  191 F.2d 818· 8th Cir.· 1951-10-17 ·cited 12×
  The court held that a court may award both statutory damages and restitution in an action brought under the Housing and Rent Act of 1947, as amended, and that the award of damages is not discretionary.
• United States Fid. & Guar. Co. v. First Nat. Bank in Dallas
  172 F.2d 258· 5th Cir.· 1949-01-11 ·cited 12×
  The court held that the insurer, as subrogee and assignee, could not recover from the bank because the depositor's election to recover from its surety barred claims against the bank, and the insurer's equities were not superior to the bank's.
• In re Associated GAS & Elec. Co. in re Associated GAS & Elec. Corp.
  149 F.2d 996· 2d Cir.· 1945-03-27 ·cited 12×
  The court held that the district court did not abuse its discretion in approving the compromise of controversies in the reorganization proceedings, as there were reasonably disputable issues that could have led to a favorable outcome for the Ageco trustee.
• Harris v. Requa
  105 Fla. 312· Fla.· 1932-04-21 ·cited 12×
  This case involves a chain of real estate contracts for property in Coral Gables, Florida, where successive purchasers assigned their interests. The court resolved whether a later assignee (Requa) could compel the holder of legal title (Harris) to convey the property free of a mo
• Hobbs v. Chamberlain
  55 Fla. 661· Fla.· 1908-01-01 ·cited 12×
  This case concerns whether a statutory right to file an equitable plea in a law court is sufficient grounds to dissolve an injunction. The court held that it is not, as the statutory plea is permissive and may not provide a full equitable remedy, especially in limited jurisdictio
• Bowles v. Desantis
  934 F.3d 1230· 11th Cir.· 2019-08-19 ·cited 11×
  Death row inmate Gary Ray Bowles challenged Florida's denial of his request to have federally appointed habeas counsel represent him in state clemency proceedings, arguing that 18 U.S.C. § 3599 created an enforceable federal right to such representation under 42 U.S.C. § 1983. Th
• Swan Landing Dev., LLC v. Fla. Cap. Bank, N.A.
  19 So. 3d 1068· Fla. 2d DCA· 2009-10-02 ·cited 11×
  Swan Landing and Yazdani appealed a trial court's denial of their motion to compel arbitration of claims brought by Florida Capital Bank involving a mortgage foreclosure, breach of promissory note, and breach of commercial guaranty. The court held that while the foreclosure claim
• FOX v. City OF Pompano Beach
  984 So. 2d 664· Fla. 4th DCA· 2008-06-25 ·cited 11×
  Christopher Fox appealed summary judgment dismissing his Florida Whistle-blower's Act claim against the City of Pompano Beach on statute of limitations grounds. The court reversed, finding a genuine issue of material fact regarding when Fox's employment was terminated and whether
• Castleglen, Inc. v. Resolution Tr. Corp. for Commonwealth Fed. Sav. Ass'n
  984 F.2d 1571· 10th Cir.· 1993-02-09 ·cited 11×·via Equitable Rescission
  The court held that the D'Oench doctrine and FIRREA's statutory counterpart, 12 U.S.C. § 1823(e), bar Castleglen's claims against the RTC, whether characterized as contract defenses or affirmative tort claims, because the alleged misrepresentations constituted fraud in the induce
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×·via Equitable Relief From Judgment
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• Local 17 v. Young
  775 F.2d 870· 7th Cir.· 1985-10-28 ·cited 11×·via Equitable Powers Of Federal Courts
  District courts have the power to award attorney's fees and costs to parties who successfully oppose a petition for a writ of certiorari to the United States Supreme Court, particularly in LMRDA cases.
• Fendler v. United States Parole Comm'n
  774 F.2d 975· 9th Cir.· 1985-10-22 ·cited 11×·via Claim For Equitable Relief
  The court held that presentence reports are agency records subject to FOIA, but remanded for consideration of exemption (3). It also affirmed dismissal of other claims, including Bivens claims due to immunity.
• Joseph Scott Co. v. Scott Swimming Pools, Inc.
  764 F.2d 62· 2d Cir.· 1985-06-13 ·cited 11×
  The court held that while a preliminary injunction was warranted due to likely confusion, its scope was overly broad in restricting the use of Joseph Jr.'s personal name, and modified the injunction to allow more latitude with a clear disclaimer.
• Weitzman v. F.I.F. Consultants, Inc.
  468 So. 2d 1085· Fla. 3d DCA· 1985-05-14 ·cited 11×·via Equitable Relief From Judgment
  Weitzman sued to vacate a judgment against him that was originally obtained by his fraud perpetrator Stein's company. The court held that a judgment cannot be enforced by the wrongdoer who caused its entry, as this would reward the wrongdoer and penalize the victim, and vacated t
• Sidney v. ZAH
  718 F.2d 1453· 9th Cir.· 1983-10-25 ·cited 11×
  The court affirmed the district court's contempt order and declaratory judgment, holding that the Navajo Tribe has a responsibility to comply with judicial orders effectuating the land partition, irrespective of territorial jurisdiction over individual members. The court also aff
• Siegerist v. Blaw-Knox Co.
  414 F.2d 375· 8th Cir.· 1969-08-04 ·cited 11×
  The court affirmed the injunction against trademark infringement and unfair competition but modified the order regarding the destruction of certain documents. The court also affirmed the denial of an accounting.
• City OF Lake Worth v. First Nat'l Bank IN Palm Beach
  93 So. 2d 49· Fla.· 1957-02-06 ·cited 11×
  The City of Lake Worth sued to recover municipal funds paid to bond dealer Truman Lifsey for bonds that were never delivered. The city recovered against the estate, but appealed the trial court's dismissal of the city treasurer Stimson and his surety. The Florida Supreme Court re
• Dunn v. Barton and Hazelton
  16 Fla. 765· Fla.· 1878-06-01 ·cited 11×
  John Dunn appeals the dissolution of an injunction against Mary C. Barton and Annie Hazelton concerning a leased premises in Pensacola. Dunn had obtained a covenant from Barton restricting the premises from being used for a competing bar-room business, but Barton subsequently sub
• Burns v. Sanderson
  13 Fla. 381· Fla.· 1869-01-01 ·cited 11×
  John Burns appealed an injunction granted to restrain him from interfering with his wife's separate property placed in trust. The Florida Supreme Court reversed, holding that the remedy for alleged interference with the property is at law, not in equity, and that a court of equit
• DePRINCE v. Starboard Cruise Servs., Inc.
  163 So. 3d 586· Fla. 3d DCA· 2015-04-08 ·cited 10×
  DePrince purchased a 20-carat diamond from Starboard Cruise Services for $235,000 based on a mistaken price quote, when the actual value was approximately $4.85 million. The trial court granted summary judgment for Starboard on DePrince's claims for breach of contract, specific p
• Invego Auto Parts, Inc. v. Rodriguez
  34 So. 3d 103· Fla. 3d DCA· 2010-04-14 ·cited 10×
  Invego Auto Parts sought specific performance to compel the sale of real property after exercising its purchase option. The trial court denied specific performance, finding Invego was not ready, willing, and able to purchase. The appellate court reversed, holding that Invego pres
• Collinson v. Miller
  903 So. 2d 221· Fla. 2d DCA· 2005-04-13 ·cited 10×
  Sharon Collinson appeals a trial court judgment imposing a constructive trust on her homestead property in favor of her stepchildren Philip Miller III and Gloria Miller Daigh. The appellate court reversed, holding that the Miller children's claim for constructive trust was barred
• Milan Davich, Jr. v. Norman Bros. Nissan, Inc.
  739 So. 2d 138· Fla. 5th DCA· 1999-07-16 ·cited 10×·via Equitable Rescission
  Milan Davich purchased a new 1991 Nissan Sentra with acid rain damage to its paint that went undetected until after purchase. The trial court granted summary judgment dismissing his claims for rescission, FDUTPA violations, and fraud. The appellate court vacated the summary judgm
• Frederick Cnty. Fruit Growers Ass'n, Inc. v. Martin
  968 F.2d 1265· D.C. Cir.· 1992-07-07 ·cited 10×·via Equitable Restitution
  The court affirmed the district court's judgment, holding that the growers were contractually bound to pay the higher piece rate for the 1985 harvest and that the workers were entitled to restitution for the 1983 harvest despite the growers' non-party status in prior litigation.
• Cleveland Buchanan Sparrow, Sr. v. Commissioner OF Internal Revenue
  949 F.2d 434· D.C. Cir.· 1991-11-26 ·cited 10×
  Back pay awarded in settlement of a Title VII racial discrimination claim is not excludable from a taxpayer's income as damages received on account of personal injury under Internal Revenue Code section 104(a)(2).
• Kahma Jenkins v. The State OF Mo.
  931 F.2d 470· 8th Cir.· 1991-04-22 ·cited 10×·via Equitable Powers Of Federal Courts
  The court affirmed the district court's orders regarding funding procedures, asbestos abatement costs, monitoring committee operations, cost avoidance calculations, and construction budget increases for Central High School.
• United States v. Dist. OF Columbia
  897 F.2d 1152· D.C. Cir.· 1990-03-02 ·cited 10×
  The court held that D.C. has the primary responsibility to house prisoners convicted in its courts, but can refuse new inmates if designation would violate constitutional rights or court-ordered population caps.
• Watson v. Ark. Nat'l Guard
  886 F.2d 1004· 8th Cir.· 1989-09-22 ·cited 10×·via Claim For Equitable Relief
  Civilian courts cannot review intra-military personnel disputes, including claims for injunctive relief, due to the need to preserve military discipline and Congress's plenary authority over the military.
• McCLENDON v. United States
  885 F.2d 627· 9th Cir.· 1989-09-15 ·cited 10×
  The court held that the Tribe did not waive its sovereign immunity by initiating the 1972 suit, and the lease agreement did not contain an express waiver, thus the action against the Tribe was barred. Furthermore, the Tribe is an indispensable party, requiring dismissal of the ac
• Beatty v. Wash. Metro. Area Transit Auth.
  860 F.2d 1117· D.C. Cir.· 1988-11-04 ·cited 10×
  The court held that there were genuine issues of material fact regarding whether the nuisance was permanent or continuing, and whether WMATA's function was governmental or proprietary, thus reversing the grant of summary judgment.
• Connolly v. J.T. Ventures & John Lange
  851 F.2d 930· 7th Cir.· 1988-07-08 ·cited 10×
  The court held that a defendant's profits are a proper measure of compensatory damages in a civil contempt proceeding for violating a settlement agreement, and that corporate officers can be held personally liable for contempt without piercing the corporate veil.
• Wis. Hosp. Ass'n v. Reivitz
  820 F.2d 863· 7th Cir.· 1987-05-19 ·cited 10×
  The court held that the Eleventh Amendment does not bar relief for the first group of hospitals based on the state's violation of a consent decree, and that the Wisconsin statute unlawfully interfered with Medicaid reimbursement rates.
• Cent. Fla. Antenna Serv. v. A.M. Crabtree, Jr.
  503 So. 2d 1351· Fla. 5th DCA· 1987-03-12 ·cited 10×
  Central Florida Antenna Service appealed a trial court judgment rescinding a satellite television system sale and ordering a refund. The appellate court reversed, holding that the buyer's one-and-a-half-year delay in seeking rescission violated Florida's UCC provision on revocati
• Re Naturalization of Antolin Punsalan Pangilinan v. Immigr. & Naturalization Serv.
  796 F.2d 1091· 9th Cir.· 1986-08-11 ·cited 10×
  The court held that the Attorney General exceeded his statutory authority by revoking naturalization authority in the Philippines, and that the Filipino veterans' claims are justiciable and not barred by subsequent legislation or prior case law.
• Mesa Petroleum Co. v. Coniglio
  787 F.2d 1484· 11th Cir.· 1986-04-28 ·cited 10×
  A successor judge has the authority to enter a final judgment after the predecessor judge announced findings of fact and conclusions of law, and a party who voluntarily conveyed her interest in property is precluded from later asserting an entirety interest in that same property.
• B.H. Papasan v. United States
  756 F.2d 1087· 5th Cir.· 1985-04-05 ·cited 10×·via Equitable Restitution
  The Eleventh Amendment bars federal court jurisdiction over claims seeking monetary relief from the state treasury, and the plaintiffs failed to state a valid prospective claim for relief under the Fourteenth Amendment.
• Martin Cnty. v. Makemson
  464 So. 2d 1281· Fla. 4th DCA· 1985-03-06 ·cited 10×·via Equitable Powers Of Federal Courts
  Martin County challenges a trial court's award of attorney's fees to court-appointed counsel in excess of statutory limits under section 925.036, Florida Statutes. The trial court declared the fee-cap statute unconstitutional as a judicial usurpation by the legislature. The appel
• Sierra Club v. United States Army Corps OF Eng'rs
  732 F.2d 253· 2d Cir.· 1984-03-07 ·cited 10×
  The court held that the district court erred in enjoining the State from spending its own funds on preliminary design and engineering work for the Westway project, as this prohibition was not supported by the prior orders or the partnership rationale.
• Jefferson Nat'l Bank OF Miami Beach v. Cent. Nat'l Bank IN Chicago
  700 F.2d 1143· 7th Cir.· 1983-02-25 ·cited 10×
  The court held that a claim for damages against a trustee for breach of fiduciary duty, where the beneficiary seeks immediate payment of a determinable sum, is an action at law properly triable by a jury. The statute of limitations does not begin to run until the trustee repudiat