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

• Whitfield v. The Democratic Party OF the State OF Ark.
  890 F.2d 1423· 8th Cir.· 1989-12-07 ·cited 8×
  The court affirmed the district court's finding that the primary run-off requirement diluted votes of black citizens in Phillips County, Arkansas, violating the Voting Rights Act.
• Dollar Sys., Inc. v. Avcar Leasing Sys., Inc.
  890 F.2d 165· 9th Cir.· 1989-11-13 ·cited 8×
  The court held that the district court correctly applied California Franchise Investment Law and defined 'willful' violations, but erred in calculating damages by failing to consider certain payments and profits. The court affirmed the rescission and attorneys' fees award.
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×·via Equitable Decree
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• James v. Smith
  537 So. 2d 1074· Fla. 5th DCA· 1989-01-19 ·cited 8×
  A Florida appellate court addressed whether a trial court properly refused to enforce deed restrictions in a residential subdivision against a property owner who kept ponies, erected wire fencing, constructed a metal barn, and placed a travel trailer on the lot. The court affirme
• Rollins v. Metro. Life Ins. Co. & Nancy J. Rollins
  863 F.2d 1346· 7th Cir.· 1988-12-19 ·cited 8×
  The court held that federal law does not preempt the imposition of a constructive trust on FEGLIA insurance proceeds, and that state law should govern the determination of such claims.
• Blaney v. McCLUSKEY
  529 So. 2d 314· Fla. 1st DCA· 1988-07-27 ·cited 8×
  Angela McCluskey Blaney appeals the dismissal of her claim seeking imposition of a constructive trust on insurance proceeds received by her ex-husband's second wife, Patty McCluskey. The court reversed, holding that the complaint states a valid cause of action for constructive tr
• Clift C. Lane v. Peterson
  851 F.2d 193· 8th Cir.· 1988-06-30 ·cited 8×
  The court affirmed the district court's judgment denying the Lanes' claims for a constructive trust and the Panelists' cross-appeal for Rule 11 sanctions.
• Hutchens v. Maxicenters
  541 So. 2d 618· Fla. 5th DCA· 1988-04-21 ·cited 8×
  Hutchens appeals a non-final order denying his motion to dissolve a prejudgment replevin writ for a Mercedes automobile. The appellate court affirmed that Maxicenters established a prima facie right to possession and that venue was proper, but reversed the trial court's replevin
• USA Petroleum Corp. v. The United States
  821 F.2d 622· Fed. Cir.· 1987-06-16 ·cited 8×·via Equitable Restitution
  The government is responsible for overpayments caused by its own inaccurate measurement tables, and is estopped from recovering those overpayments to the extent the contractor suffered losses due to the breach.
• Faust v. Frederic L. Faust
  505 So. 2d 606· Fla. 1st DCA· 1987-04-10 ·cited 8×
  A trial court lacks authority to order one spouse to convey their entire interest in jointly owned marital property (the marital home) to the other spouse in exchange for one-half the property's value without special justification such as alimony needs or special equity, and the
• Turner v. Burlington N. R.R. Co.
  771 F.2d 341· 8th Cir.· 1985-08-15 ·cited 8×
  The court held that the district court did not err in granting a jury trial on the counterclaim for specific performance of a settlement agreement in a FELA case, but committed reversible error in instructing the jury that the defendant railroad had the burden of proving the atto
• The State OF NEW York v. Shore Realty Corp. & Donald LeoGrande
  763 F.2d 49· 2d Cir.· 1985-05-07 ·cited 8×
  The court affirmed the adjudication of civil contempt but modified the coercive fines, remanding for further determination of the appropriateness and amount of sanctions for non-compliance with certain orders.
• Troy v. City OF Hampton
  756 F.2d 1000· 4th Cir.· 1985-03-05 ·cited 8×
  The Seventh Amendment does not guarantee a right to a jury trial for claims under the Veterans Reemployment Rights Act, as its remedies are equitable in nature.
• Franco Pezzimenti and Molly Musca v. L.R. Cirou and Doris L. Cirou
  466 So. 2d 274· Fla. 2d DCA· 1985-02-15 ·cited 8×
  Molly Musca appeals a foreclosure judgment and award of attorney's fees in a mortgage dispute. The court affirmed the foreclosure but reversed and remanded the attorney's fees award, limiting recovery to the contractually specified amount rather than the court-awarded amount.
• Rosebrough Monument Co. v. Mem'l Park Cemetery Ass'n
  736 F.2d 441· 8th Cir.· 1984-06-14 ·cited 8×·via Equitable Decree
  The court held that certain cemetery rules approved by the district court were overly restrictive and modified them, while affirming the district court's reduction of attorney's fees based on the limited monetary relief obtained by the appellant.
• Harris v. Sentry Title Co., Inc.
  727 F.2d 1368· 5th Cir.· 1984-03-12 ·cited 8×
  The court recalled its mandate to allow the district court to determine specific amounts for reimbursement and interest, modifying its prior judgment to a remand rather than a render.
• E.I. DU Pont de Nemours & Co. v. Fed. Trade Comm'n
  729 F.2d 128· 2d Cir.· 1984-02-23 ·cited 8×·via Prospective Equitable Relief
  The court denied enforcement of the FTC's order because the record did not support the finding of a substantial adverse effect on competition.
• Zoecon Indus. v. The Am. Stockman TAG Co.
  713 F.2d 1174· 5th Cir.· 1983-09-09 ·cited 8×·via Equitable Relief (Injunction)
  A customer list containing specific purchasing characteristics, not generally known or readily ascertainable, constitutes a trade secret under Texas law, and its misappropriation by former employees breaches a confidential relationship.
• Vath v. Vath
  432 So. 2d 806· Fla. 1st DCA· 1983-06-15 ·cited 8×
  In this insurance beneficiary dispute, the First District Court of Appeal reversed a trial court decision awarding life insurance proceeds to the insured's current wife rather than his minor children from a prior marriage. The court held that a divorce decree's mandate to maintai
• Grinnell Bros., Inc. v. Touche Ross & Co.
  655 F.2d 725· 6th Cir.· 1981-07-24 ·cited 8×·via Equitable Powers Of Federal Courts
  The court held that the district court did not err in awarding attorney's fees to the plaintiffs because the defendants' removal of the case was improper and warranted such an award under the court's equitable powers.
• City OF Coral Gables v. Bd. OF Pub. Instruction OF Dade Cnty.
  313 So. 2d 92· Fla. 3d DCA· 1975-05-13 ·cited 8×
  While mandamus is not the proper remedy because Section 235.34 grants school boards discretion regarding approval of improvements, the City of Coral Gables has a clear legal right to be paid for special assessments against school property and may amend its complaint to recover su
• The Home Indem. Co. v. Moore
  499 F.2d 1202· 8th Cir.· 1974-06-13 ·cited 8×
  The court clarified that its prior opinion did not broadly narrow the right to interpleader relief, but affirmed the denial based on the existence of an adequate remedy in another court.
• Young v. Charnack
  295 So. 2d 665· Fla. 3d DCA· 1974-06-04 ·cited 8×
  The court affirmed summary judgments for the foreclosure of a first mortgage, a junior mortgage, and a prior judgment lien, rejecting the mortgagors' contentions regarding homestead status and procedural improprieties.
• Erben Scott and Margaret Scott v. Anchor INN Apts., Inc.
  282 So. 2d 640· Fla. 1st DCA· 1973-09-13 ·cited 8×
  The court affirmed a trial court's dismissal of plaintiffs' action for specific performance of an alleged oral contract regarding their ownership percentage in a real estate venture with the defendant. The trial court found the evidence regarding the parties' respective interests
• Sterling v. Blackwelder
  383 F.2d 282· 4th Cir.· 1967-09-15 ·cited 8×
  The court held that the wife held only naked legal title as a constructive trustee and was not entitled to substantial trustee fees, but an accounting was necessary. The court affirmed the denial of rescission but remanded for the district court to consider trustee substitution o
• Horvath v. Five Points Nat'l Bank OF Miami
  182 So. 2d 22· Fla. 3d DCA· 1966-01-11 ·cited 8×
  Appellants sought to review an order dissolving a temporary injunction issued in their complaint against a bank. The court affirmed the dissolution, holding that the complaint failed to state a cause of action because appellants did not tender accrued interest into the court regi
• Mocher v. Rasmussen-Taxdal
  180 So. 2d 488· Fla. 2d DCA· 1965-12-03 ·cited 8×
  A Florida court addressed whether it could modify a California paternity and child support decree when the father relocated to Florida while the mother and child remained in California. The court held that while the paternity determination is final and entitled to full faith and
• James v. Pa. Gen. Ins. Co.
  349 F.2d 228· D.C. Cir.· 1965-06-30 ·cited 8×
  The court held that the insured's right to a jury trial in a declaratory judgment action concerning insurance policy validity was not definitively resolved and requires further determination.
• Biscayne Assocs., Inc. v. Robe B. Carson and Margaret Carson
  104 So. 2d 871· Fla. 3d DCA· 1958-09-09 ·cited 8×
  Biscayne Associates appeals from a decree requiring it to specifically perform a contract with the Carsons to restrict its use of adjacent property. The court affirmed, holding that specific performance was an appropriate remedy and that the evidence supported each of the five br
• United States v. Metro. Life Ins. Co.
  256 F.2d 17· 4th Cir.· 1958-01-14 ·cited 8×
  A federal tax lien attaches to the cash surrender value of a life insurance policy, and the government can foreclose on this interest even if the insured has not elected to take the cash surrender value and is beyond the court's personal jurisdiction.
• Harrison v. Harrison
  214 F.2d 571· 4th Cir.· 1954-07-19 ·cited 8×·via Equitable Powers Of Federal Courts
  A federal district court has the power to enforce a foreign alimony and support decree, including future payments, through its equitable powers, even if the foreign divorce is not recognized.
• Garrett v. Potter
  160 Fla. 707· Fla.· 1948-07-20 ·cited 8×
  The court held that the chancellor erred in striking paragraphs detailing claims for support and payments made on the homestead, as the chosen remedy of accounting in a partition suit was permissible and more expeditious than foreclosing a lien.
• Chalmette Petroleum Corp. v. Chalmette Oil Distrib. Co., Inc.
  143 F.2d 826· 5th Cir.· 1944-07-11 ·cited 8×
  The court held that the trial court's findings of fact were insufficient to determine the truth of the pleaded issue, and that a new trial was necessary for a more orderly and complete determination of the facts.
• Yager v. Liberty Royalties Corp.
  123 F.2d 44· 10th Cir.· 1941-10-22 ·cited 8×·via Claim For Equitable Relief
  The court held that the statute of limitations was tolled during the period when one individual controlled both the claimant trust and the debtor corporation, and thus the claim was not barred.
• India W. Sheridan and Lee T. Sheridan v. Respess
  147 Fla. 626· Fla.· 1941-07-01 ·cited 8×
  A suit to charge in equity and sell a married woman's separate property for unpaid purchase money is governed by constitutional authority rather than the law of vendor's liens, is cognizable exclusively in equity, and is not barred by the three-year statute of limitations.
• Reybine v. Lisel E. Kruse
  128 Fla. 278· Fla.· 1937-05-21 ·cited 8×·via Equitable Decree
  The Florida Supreme Court affirmed an order allowing service of process on a non-resident executrix in an equity suit to set aside a judgment obtained through extrinsic fraud. The court held that Florida's constructive service statute applies to bills in equity seeking to vacate
• Barnett v. Dollison
  125 Fla. 254· Fla.· 1936-09-09 ·cited 8×
  A vendor seeks to enforce a land purchase contract and cancel a recorded agreement against a vendee in possession who has defaulted on payments. The Florida Supreme Court reverses the dismissal, holding that while the bill is insufficient for strict foreclosure, it contains suffi
• Wainright v. Conn. Fire Ins. Co.
  73 Fla. 130· Fla.· 1917-01-26 ·cited 8×
  Connecticut Fire Insurance Company filed an interpleader action to distribute insurance proceeds from a fire loss claim when multiple creditors of the insured filed garnishment actions. The court affirmed the trial judge's distribution of the fund between Baltimore Bargain House
• Pensacola Gas Co. v. Provisional Municipality of Pensacola
  33 Fla. 322· Fla.· 1894-01-01 ·cited 8×
  The Florida Supreme Court reversed a decree requiring the Pensacola Gas Company to erect additional street lamps at its own expense, holding that the municipality could not compel specific performance of the contract while defaulting on its obligation to pay for gas already furni
• In re Johnson
  814 F.3d 1259· 11th Cir.· 2016-02-26 ·cited 7×
  Anthony Johnson sought authorization to file a second or successive § 2255 motion based on Johnson v. United States, which invalidated ACCA's residual clause for prior convictions. The Eleventh Circuit held that the 30-day deadline in 28 U.S.C. § 2244(b)(3)(D) for ruling on such
• United States v. Demesmin
  2015 U.S. Dist. LEXIS 22253· M.D. Fla.· 2015-01-15 ·cited 7×
  The court held that the defendants' motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim were denied, as the government adequately pleaded jurisdiction and stated plausible claims for injunctive relief and disgorgement.
• Zaki Kulaibee Establishment v. McFLIKER
  771 F.3d 1301· 11th Cir.· 2014-11-18 ·cited 7×
  Zaki Kulaibee Establishment, a Saudi Arabian company, contracted with Airspares Network, Inc. (ANI), a Florida aircraft parts dealer, to sell aircraft parts on consignment. Zaki alleged that ANI breached the consignment agreement by failing to properly account for sales proceeds,
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Williams v. Stanford
  977 So. 2d 722· Fla. 1st DCA· 2008-03-25 ·cited 7×
  Minority shareholders Paul and James Williams challenged a majority shareholder's transfer of assets from their closely held construction company to a new company as an allegedly unfair squeeze-out transaction. The court held that when minority shareholders allege specific acts o
• Armstrong v. Charlotte Cnty. Bd. of Cnty. Comm'rs
  273 F. Supp. 2d 1312· M.D. Fla.· 2003-04-10 ·cited 7×
  The court granted plaintiff's motion for front pay and prejudgment interest, awarding front pay for two years and prejudgment interest at 6.0% on the back pay award.
• ST. Paul Fire & Marine Ins. Co. v. Shure
  647 So. 2d 877· Fla. 4th DCA· 1994-11-02 ·cited 7×
  St. Paul Fire and Marine Insurance Company, as subrogee of a urologist, appealed a directed verdict in a contribution action against an obstetrician who had settled with the plaintiff in a medical malpractice case. The court affirmed, holding that the settlement was made in good
• Robinson v. Se. Pa. Transp. Auth.
  982 F.2d 892· 3d Cir.· 1993-01-08 ·cited 7×
  The court held that SEPTA's retaliation against Robinson for protected activities under Title VII was supported by substantial evidence, but erred in awarding prejudgment interest based on a misinterpretation of a stipulation and in reducing the backpay award for income taxes and
• The Singer Co. v. Skil Corp.
  803 F.2d 336· 7th Cir.· 1986-10-14 ·cited 7×·via Equitable Powers Of Federal Courts
  The court held that Singer was entitled to recover mistakenly paid royalties from Skil, and that Lucerne was obligated to reimburse Skil for those royalties based on their license agreement. Prejudgment interest and attorney fees were denied to Singer, and Lucerne's cross-claim a
• Berrios v. Agosto
  716 F.2d 85· 1st Cir.· 1983-09-07 ·cited 7×
  The court held that legislative activities enjoined were protected by common law legislative immunity and no exception applied, thus reversing the district court's order.
• Se. Promotions, Ltd. v. Conrad
  486 F.2d 894· 6th Cir.· 1973-05-30 ·cited 7×
  A federal court cannot compel a state to permit the exhibition of obscene sexual material for profit on state property.