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

• Kelley v. Metro. Cnty. Bd. OF Educ. OF Nashville & Davidson Cnty.
  687 F.2d 814· 6th Cir.· 1982-07-27 ·cited 10×·via Equitable Decree
  The court held that the appellate court erred in reversing the district court's pupil assignment plans for desegregation, finding the district court did not make clearly erroneous findings of fact or abuse its discretion.
• United States v. Truckee-Carson Irrigation Dist.
  649 F.2d 1286· 9th Cir.· 1981-06-15 ·cited 10×·via Equitable Decree
  The court held that the Orr Ditch decree should not be completely reopened due to the government's conflict of interest, but a partial reopening is permissible to consider the Tribe's claim against the Irrigation District.
• ST. John v. Emp. Dev. Dep't
  642 F.2d 273· 9th Cir.· 1981-02-23 ·cited 10×
  The court held that an employer's transfer of an employee to a position of equal pay and status, motivated by a conflict of interest arising from the employee's filing of an EEOC complaint, constitutes unlawful retaliation under Title VII, but reinstatement may be denied based on
• Palmland Villas I Condo. Ass'n, Inc. v. Taylor
  390 So. 2d 123· Fla. 4th DCA· 1980-11-12 ·cited 10×
  The Palmland Villas condominium association appeals an order determining that creditor judgment liens and a state tax warrant attached to real property before a constructive trust was declared over that property. The court held that a constructive trust arises only upon judicial
• Lummis v. White
  629 F.2d 397· 5th Cir.· 1980-10-27 ·cited 10×
  The court held that the citizenship of an interested stakeholder can be considered for establishing minimal diversity under the federal interpleader statute, and that the Eleventh Amendment does not bar this interpleader action seeking prospective relief.
• Gertrude Chafetz and H. Benjamin Chafetz v. Price
  385 So. 2d 104· Fla. 3d DCA· 1980-06-10 ·cited 10×
  The Chafetzes, sellers of a Miami Beach condominium, appeal a specific performance order requiring them to complete a land sale contract with Price. The court affirmed, holding that title remained unmarketable until May 2, 1979 when the Tenenbaum cloud on title was cleared, and t
• Cal. Tahoe Reg'l Planning Agency & People of the State of Cal. v. Jennings
  594 F.2d 181· 9th Cir.· 1979-02-15 ·cited 10×·via Equitable Powers Of Federal Courts
  The court held that challenges to the procedural validity of local permit issuances are barred by Nevada's 25-day statute of limitations, and that the federal common law nuisance claim was not stated under these circumstances.
• Ritchey v. Merrill Lynch
  361 So. 2d 438· Fla. 2d DCA· 1978-07-19 ·cited 10×
  The Ritcheys agreed to sell 500 shares of United Utilities of Kentucky stock through Merrill Lynch, but Merrill Lynch mistakenly believed it was selling Kentucky Utilities stock instead. When Merrill Lynch discovered the error over a month later and sought rescission, the trial c
• Pershing Indus., Inc. v. Shupnick
  325 So. 2d 410· Fla. 3d DCA· 1976-01-13 ·cited 10×·via Equitable Rescission
  A contract for stock purchase is subject to rescission when the method for determining the purchase price is incapable of performance, making the price-determination provision a dependent covenant whose impossibility defeats the contract.
• Sec. & Exch. Comm'n v. Cap. Counsellors, Inc.
  512 F.2d 654· 2d Cir.· 1975-03-03 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a law firm's application for legal fees to be paid from a receivership estate, as the services did not benefit the estate and the firm failed to secure adequate assurance of payment.
• Sydney N. Floersheim v. Engman
  494 F.2d 949· D.C. Cir.· 1973-12-26 ·cited 10×
  The District Court lacked subject-matter jurisdiction to review the FTC's interpretation of its own cease and desist order; the proper venue for such a request is the court that affirmed the order.
• Wirtz v. William ("Bill") Dean Chase
  400 F.2d 665· 6th Cir.· 1968-09-25 ·cited 10×
  The two-year limitation period provided in Section 6 of the Portal-to-Portal Act applies to equitable remedies for civil contempt arising from violations of an injunction under the Fair Labor Standards Act.
• Abdallah v. Abdrhmin Abdallah
  359 F.2d 170· 3d Cir.· 1966-04-14 ·cited 10×
  A plaintiff may elect to sue for damages resulting from a breach of a purchase option, even if they also remained in possession as a tenant, as these remedies are not inconsistent.
• Waechter v. Gen. Mills, Inc.
  181 So. 2d 204· Fla. 1st DCA· 1965-12-16 ·cited 10×
  Mrs. Waechter appeals a foreclosure judgment holding her liable for her deceased husband's debt secured by a chattel mortgage. The court reverses, finding that Florida's constitutional protection of married women's separate property bars judgment against the wife where the mortga
• Gale D. Perry v. Benson
  107 So. 2d 213· Fla. 2d DCA· 1958-12-10 ·cited 10×
  A purchaser of unimproved real property sought specific performance of a sale contract after learning of a title defect, but waited nearly three years to file suit while the property doubled in value. The court affirmed dismissal, holding that the purchaser's unreasonable delay a
• Woods v. Wolfe
  182 F.2d 516· 3d Cir.· 1950-05-18 ·cited 10×
  The court held that restitution is an independent equitable remedy under Section 205(a) of the Emergency Price Control Act, and an injunction was properly issued despite the defendants not currently being landlords.
• Am. Mach. & Metals, Inc. v. De Bothezat Impeller Co., Inc.
  180 F.2d 342· 2d Cir.· 1950-01-17 ·cited 10×
  The court held that the contract clearly granted the appellee the right to terminate and continue the business, and that alleged breaches did not prevent this termination or continuation.
• Oliver v. City OF Shattuck ex rel. Versluis
  157 F.2d 150· 10th Cir.· 1946-08-22 ·cited 10×·via Equitable Relief From Judgment
  The court held that a trial court has the equitable power to grant relief from a judgment based on an alleged oral agreement, even if the motion is filed outside the strict time limits of Rule 60(b), provided the agreement, if proven, would prevent an unconscientious advantage.
• Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.
  153 F.2d 822· 7th Cir.· 1946-02-25 ·cited 10×
  A party who has elected to sue on a written contract as executed, and proceeded to judgment, cannot thereafter bring a separate action to reform the contract, especially when reformation could have been sought in the original action.
• Josiah T. Budd v. Gamble
  13 Fla. 265· Fla.· 1869-01-01 ·cited 10×·via Equitable Relief From Judgment
  The court reversed a lower court's decision, holding that a party seeking to overturn a judgment based on an unauthorized attorney appearance must demonstrate not only the irregularity but also a meritorious defense, especially when a significant amount of time has passed and the
• Zimmerman v. Cade Enters., Inc.
  34 So. 3d 199· Fla. 1st DCA· 2010-05-07 ·cited 9×
  Cade Enterprises sought interpleader relief to resolve competing claims from Zimmerman and Mrs. Cade for dividends on disputed stock shares. The trial court granted interpleader and ordered the corporation to deposit contested funds into the court registry. The appellate court af
• Sec. & Exch. Comm'n v. Yun
  148 F. Supp. 2d 1287· M.D. Fla.· 2001-05-23 ·cited 9×
  The court ordered disgorgement of $269,000 jointly against both defendants, prejudgment interest, and civil penalties of $100,000 each, but denied the SEC's request for permanent injunctions.
• Jackson v. Inv. Corp. of Palm Beach
  585 So. 2d 949· Fla. 4th DCA· 1991-03-27 ·cited 9×·via Equitable Rescission
  Jackson won a dog track jackpot after matching six race winners based on an advertisement stating the Pic-6 jackpot would be $825,000, but the track only paid $25,000, claiming the advertisement was a mistake. The appellate court reversed the jury verdict, holding that an adverti
• In re Seneca OIL Co. & Seneca Drilling Co. v. Seneca OIL Co. & Seneca Drilling Co.
  906 F.2d 1445· 10th Cir.· 1990-06-28 ·cited 9×
  The court held that Seneca's overcharging constituted sufficient wrongdoing for a constructive trust, but remanded for further factual findings on tracing. It also held that the DOE's claim for overcharges was not a fine, penalty, or forfeiture under the Bankruptcy Code.
• Intercorp, Inc. v. Pennzoil Co.
  877 F.2d 1524· 11th Cir.· 1989-07-25 ·cited 9×·via Equitable Rescission
  The court held that the district court erred by submitting the issue of contract integration to the jury, rather than making a preliminary determination as required by the parol evidence rule.
• M.T. Haskins v. City OF Boaz
  822 F.2d 1014· 11th Cir.· 1987-07-27 ·cited 9×
  The court held that front pay awarded in lieu of reinstatement is an equitable remedy, not an impermissible additur, when reinstatement is impracticable.
• Sec'y OF Dep't OF Labor v. King
  775 F.2d 666· 6th Cir.· 1985-08-19 ·cited 9×·via Equitable Relief Under Erisa
  The court held that the district court did not err in allowing the Bank to intervene under Rule 24(b)(2) and in awarding attorney's fees under ERISA.
• Levitt Corp. & LSI United Corp. v. Levitt
  593 F.2d 463· 2d Cir.· 1979-02-22 ·cited 9×
  The court held that the district court did not abuse its discretion in imposing broad injunctive relief, including a two-year ban on publicizing the defendant's involvement in a Florida development and a permanent injunction against publicizing his prior achievements with Levitt
• Biltmore Constr. Co. v. Fla. Dep't OF Gen. Servs.
  363 So. 2d 851· Fla. 1st DCA· 1978-11-01 ·cited 9×
  Biltmore Construction Company sought review of an administrative order requiring it to specifically perform a contract for roof construction on nine state cottages. The Florida District Court of Appeal held that an administrative agency lacks the power to decree specific performa
• Gurley v. Lindsley
  459 F.2d 268· 5th Cir.· 1972-04-21 ·cited 9×
  The court held that the 1948 consent judgment created a trust relationship, impressing the land and income with a trust in favor of the plaintiffs, and that the defendants, as successors in interest, are fiduciaries bound by this trust. The court also affirmed jurisdiction over t
• Fishman v. Thompson
  181 So. 2d 604· Fla. 3d DCA· 1965-12-28 ·cited 9×
  The Fishmans and Vogue Bar & Grill challenged a decree rescinding a construction contract and related mortgage, claiming the chancellor lacked power to cancel the instruments. The appellate court affirmed, holding that equity courts may rescind contracts procured by fraud and unc
• Jacksonville Paper Co. v. Tobin
  206 F.2d 333· 5th Cir.· 1953-06-30 ·cited 9×
  State statutes of limitations and laches do not bar a court from enforcing its prior decree for restitution of unpaid wages in a civil contempt proceeding.
• Le Cain v. Becker
  58 So.2d 527· Fla.· 1952-03-25 ·cited 9×
  The Florida Supreme Court reviewed a property settlement agreement dispute between a divorced couple. The court affirmed the dismissal of the wife's claim for alimony payments, finding they were terminated by mutual agreement and laches. However, the court reversed the dismissal
• Kelly v. Knott
  120 Fla. 580· Fla.· 1935-06-24 ·cited 9×
  This case addresses whether securities deposited by a foreign surety company with the Florida State Treasurer under state law constitute a trust fund for all Florida creditors or only judgment creditors of the surety company. The Florida Supreme Court held that the deposits const
• Mallory S.S. Co. v. Baker & Holmes Co.
  117 Fla. 196· Fla.· 1934-11-09 ·cited 9×
  This case concerns whether a successor corporation can be held liable for the debts of a predecessor corporation when it acquires all of the predecessor's assets. The court affirmed the denial of motions to dismiss and strike the complaint, finding that the successor corporation
• Forty ONE Yellow v. Escalona
  45 Fla. L. Weekly D1137· Fla. 2d DCA· 2020-10-28 ·cited 8×
  The appellate court affirmed the dismissal of a foreclosure action because the plaintiff, Forty One Yellow, LLC (FOY), failed to prove its standing to foreclose. While the court found that res judicata did not bar the action, it held that FOY's failure to establish a valid chain
• Woods v. Comm'r, Ala. Dep't of Corr.
  951 F.3d 1288· 11th Cir.· 2020-03-04 ·cited 8×
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of his claims and that equity weighed against granting a stay of execution due to untimeliness.
• Harkless v. Laubhan
  278 So. 3d 728· Fla. 2d DCA· 2019-07-10 ·cited 8×
  A purchaser is a bona fide purchaser without notice only when it has actual notice, constructive notice, or implied notice of an unrecorded property interest. The Laubhans were not bona fide purchasers without notice because they had implied notice of Harkless's retained right to
• Dwork v. Executive Ests. of Boynton Beach Homeowners Ass'n, Inc.
  219 So. 3d 858· Fla. 4th DCA· 2017-05-24 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court's award of money damages to a homeowners association for unpaid fines, holding that strict compliance with Florida Statute § 720.305(2)(b)'s fourteen-day notice requirement is mandatory before an HOA can impose fines, and
• Commodity Futures Trading Comm'n v. Levy
  541 F.3d 1102· 11th Cir.· 2008-08-29 ·cited 8×
  Jay M. Levy, an Associated Person at a commodity futures firm, was found liable for solicitation fraud under Section 4c(b) of the Commodity Exchange Act for making misrepresentations to customers about profit potential and risks of commodity options trading. The district court im
• Beta Real Corp. v. Graham
  839 So. 2d 890· Fla. 3d DCA· 2003-03-12 ·cited 8×
  A transferee of allegedly fraudulently conveyed assets is not considered to have committed a "tortious act" within Florida for purposes of establishing in personam jurisdiction under section 48.193(1)(b), Florida Statutes.
• Media Servs. Grp. v. BAY Cities Commc'ns, Inc.
  237 F.3d 1326· 11th Cir.· 2001-01-12 ·cited 8×
  Media Services Group brokered the sale of a radio station owned by Bay Cities Communications by introducing the buyer (Root Communications) to the seller, but was intentionally excluded from final negotiations. The Eleventh Circuit affirmed that Florida law recognizes unjust enri
• Roschman P'rs v. S.K. P'rs I.
  627 So. 2d 2· Fla. 4th DCA· 1993-09-29 ·cited 8×
  Where a purchaser seeking to exercise a real estate option breaches a non-recordation clause but the breach is not material, and where compelling specific performance prevents inequitable forfeiture when the optionor would otherwise receive a windfall from appreciation realized t
• The George Basch Co., Inc. v. Blue Coral, Inc.
  968 F.2d 1532· 2d Cir.· 1992-06-30 ·cited 8×
  The court held that an award of the defendant's profits was permissible as an equitable remedy for trade dress infringement, even without proof of actual consumer confusion or plaintiff's damages.
• Tex. PIG Stands, Inc. v. Hard Rock Cafe Int'l, Inc.
  951 F.2d 684· 5th Cir.· 1992-01-29 ·cited 8×
  The court held that a district court has discretion to award attorneys' fees in trademark infringement cases, especially when the infringement is willful, even if the plaintiff did not suffer lost sales.
• Snider v. Circle K Corp.
  923 F.2d 1404· 10th Cir.· 1991-01-07 ·cited 8×
  The court held that a Title VII settlement agreement is not a contract for labor or services under Oklahoma law, and that the district court erred in submitting the breach of settlement agreement claim to the jury because Title VII claimants are not entitled to a jury trial.
• Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. Dist. NO. 1
  921 F.2d 1371· 8th Cir.· 1990-12-12 ·cited 8×·via Equitable Decree
  The court held that the District Court erred in rejecting settlement plans agreed to by all parties, emphasizing the strong legal preference for settlements, especially in protracted litigation.
• Eden Hannon & Co. v. Sumitomo Tr. & Banking Co.
  914 F.2d 556· 4th Cir.· 1990-10-12 ·cited 8×
  The court held that Sumitomo breached its non-disclosure and non-circumvention agreement with EHC by directly bidding on a Xerox portfolio, and EHC is entitled to a constructive trust on Sumitomo's profits as an equitable remedy.
• Smith v. Barton
  914 F.2d 1330· 9th Cir.· 1990-09-19 ·cited 8×
  The court held that plaintiffs' First Amendment claims under § 1983 were not precluded by the Rehabilitation Act, and that plaintiffs are entitled to a jury trial on their § 504 claims due to seeking legal remedies.
• State OF Ohio v. U.S. Dep't OF Energy
  904 F.2d 1058· 6th Cir.· 1990-06-11 ·cited 8×
  The dissenting judge argues that the Clean Water Act's waiver of sovereign immunity does not extend to state-imposed civil penalties, and the RCRA citizen suit provision does not subject the United States to civil penalties.