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

• Miller v. Ellenwood
  121 Fla. 551· Fla.· 1935-11-12 ·cited 7×
  In this mortgage foreclosure appeal, the Florida Supreme Court affirmed a decree allowing the mortgagees (executrices of the original mortgagee's estate) to recover taxes and assessments they paid to preserve the mortgaged property's value. The court also held that married women
• All Seasons Condo Assoc. v. Patrician Hotel
  274 So. 3d 438· Fla. 3d DCA· 2019-04-24 ·cited 6×
  The appellate court reversed a trial court's judgment for specific performance in a condominium sale. The court found that the condominium association's board of directors and its president did not have the actual or apparent authority to modify essential terms of the sale agreem
• Mercantil Bank, N.A. v. Pazmino
  262 So. 3d 826· Fla. 4th DCA· 2019-01-23 ·cited 6×
  Mercantil Bank appealed the dismissal of its 2017 action seeking to reestablish a 2011 foreclosure judgment against borrowers Pazmino and JP Industrial Parts, Inc. The court affirmed the dismissal, holding that the bank could not bring a new action to convert its foreclosure judg
• Rev Rec. Grp. v. LDRV Holdings Corp.
  259 So. 3d 232· Fla. 2d DCA· 2018-11-09 ·cited 6×
  REV Recreation Group appealed a temporary injunction order granting Lazydays exclusive dealership rights to sell certain recreational vehicle models. The court found that REV unlawfully allocated the 'Signature' and 'Marquis' models to competitor General RV when those models cons
• Summitbridge Credit Invs. III, LLC v. Carlyle Beach, LLC
  218 So. 3d 486· Fla. 4th DCA· 2017-05-03 ·cited 6×
  The appellate court reversed a commercial foreclosure judgment, finding that the borrower's failure to provide financial disclosures was not a material breach because credit was no longer available under the loan agreement. The court clarified that contractual obligations to prov
• Allstate Ins. Co. v. Basil Theodotou, M.D.
  171 So. 3d 163· Fla. 5th DCA· 2015-07-24 ·cited 6×
  Allstate Insurance Company and Emily Boozer appealed a trial court's dismissal of their equitable subrogation claims against medical providers whose alleged negligence aggravated injuries from an initial traffic accident. The Fifth District Court of Appeal reversed, holding that
• United States v. O'Callaghan
  805 F. Supp. 2d 1321· M.D. Fla.· 2011-08-04 ·cited 6×
  The court denied the defendants' motions for a stay pending appeal, finding no basis under Rules 62(d), (c), or (f) for suspending the money judgment or the order of sale without adequate security.
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.
• Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles
  20 So. 3d 915· Fla. 1st DCA· 2009-09-25 ·cited 6×·via Equitable Restitution
  This appeal addresses whether the Florida Department of Highway Safety and Motor Vehicles acted unlawfully when it required drivers convicted of DUI before July 1, 2005 to install ignition interlock devices, even though the department lacked statutory authority to do so prior to
• Larsen v. Island Developers, Ltd.
  769 So. 2d 1071· Fla. 3d DCA· 2000-09-13 ·cited 6×
  The court held that derivative actions are still available for not-for-profit corporations in Florida and were not abolished by the 1993 amendment to section 617.1908.
• The Seasons P'ship I v. Kraus-Anderson
  700 So. 2d 60· Fla. 2d DCA· 1997-09-19 ·cited 6×
  The Seasons Partnership appeals a trial court's order appointing a receiver in a mortgage foreclosure action filed by Kraus-Anderson. The appellate court reversed, holding that the mortgagee failed to establish waste or other equitable grounds necessary to justify this extraordin
• Sec. & Exch. Comm'n v. Rind
  991 F.2d 1486· 9th Cir.· 1993-04-19 ·cited 6×
  The Securities and Exchange Commission is not subject to a statute of limitations for civil enforcement actions seeking disgorgement, and defendants are not entitled to a jury trial in such actions.
• Miller v. A.E. Paczier ad Litem
  591 So. 2d 321· Fla. 3d DCA· 1991-12-31 ·cited 6×
  The Third District Court of Appeal held that the equitable doctrine of virtual adoption does not apply to promises to adopt adults. The doctrine, which protects children promised adoption by deceased intestate parents, is limited to minors and cannot be extended to adults without
• Beck v. Levering
  947 F.2d 639· 2d Cir.· 1991-10-22 ·cited 6×
  The court held that the district court properly granted summary judgment based on collateral estoppel, affirming the permanent bar from acting as fiduciaries and restitution.
• Miss. State Chapter v. Mabus
  932 F.2d 400· 5th Cir.· 1991-05-31 ·cited 6×
  The court affirmed the district court's finding that Mississippi's prior voter registration laws violated Section 2 of the Voting Rights Act and its approval of the legislature's remedial legislation (S.B. 2610).
• Ogden Martin Sys., Inc. v. SAN Bernardino Cnty.
  932 F.2d 1284· 9th Cir.· 1991-02-27 ·cited 6×
  The court held that the district court erred in granting summary judgment for the County on rescission claims because a genuine issue of material fact exists regarding whether Ogden Martin conferred a benefit on the County. The court also held that the contract was not voidable d
• Phillip E. Beard for Greater Pittsburgh Bus. Dev. Corp. v. Braunstein
  914 F.2d 434· 3d Cir.· 1990-09-21 ·cited 6×
  A defendant in a bankruptcy proceeding who has not filed a claim against the estate has a right to a jury trial when sued by the trustee for a private right, such as a contract claim for rent.
• Gayle Mfg. Co., Inc. v. Fed. Sav. & Loan Ins. Corp. for State Fed. Sav. & Loan Ass'n
  910 F.2d 574· 9th Cir.· 1990-08-03 ·cited 6×
  The court held that a mechanic's lien claimant is not barred from equitable relief due to a mutual mistake regarding available remedies, even if the statutory foreclosure period has passed, and that FSLIC, as receiver, does not have exclusive jurisdiction to adjudicate claims aga
• Sellers v. Delgado Coll.
  902 F.2d 1189· 5th Cir.· 1990-05-29 ·cited 6×
  The court held that the district court was not clearly erroneous in finding that the plaintiff failed to mitigate damages by not exercising reasonable diligence to obtain substantially equivalent employment.
• United States v. City OF Chicago
  894 F.2d 943· 7th Cir.· 1990-02-06 ·cited 6×·via Equitable Decree
  The court should dissolve the long-standing decree and allow new litigation for any new wrongs, rather than continuing the current complex and outdated equitable decree.
• William Wrigley JR. Co. v. Waters
  890 F.2d 594· 2d Cir.· 1989-11-28 ·cited 6×
  The court held that the district court properly imposed a constructive trust for unpaid foreign associate fees and awarded clean-up costs, but erred in piercing the corporate veil to hold Eric Waters personally liable.
• United States v. Local 30
  871 F.2d 401· 3d Cir.· 1989-03-23 ·cited 6×
  The court held that the district court had the authority under 18 U.S.C. § 1964(a) to impose a broad decree against the Union to remedy RICO violations and that the terms of the decree were not an abuse of discretion.
• Barden v. Pappas
  532 So. 2d 707· Fla. 5th DCA· 1988-09-01 ·cited 6×
  Mary Ellen Barden appealed a partition judgment, challenging the trial court's order partitioning homestead property on which she held a remainder interest while her stepmother held a life estate. The court reversed, holding that a life tenant cannot maintain a partition action a
• The Republic OF the Philippines v. NEW York Land Co.
  852 F.2d 33· 2d Cir.· 1988-06-07 ·cited 6×
  The court held that the district court did not abuse its discretion in appointing a special property advisor and issuing an injunction against expenditures without court approval, as these measures were necessary to preserve the properties pending determination of ownership.
• Gertrude Brooks Schuyt v. Rowe Price Prime Reserve Fund, Inc.
  835 F.2d 45· 2d Cir.· 1987-12-09 ·cited 6×
  The court held that the plaintiff was not entitled to a jury trial on her claims for excessive fees and proxy violations, as these claims were essentially equitable in nature.
• Juras v. Aman Collection Serv., Inc.
  829 F.2d 739· 9th Cir.· 1987-09-30 ·cited 6×·via Equitable Relief From Judgment
  Withholding a student's transcript to secure repayment of a National Direct Student Loan (NDSL) violates the Fair Debt Collection Practices Act (FDCPA).
• Brown v. THE Bd. OF Educ. OF the City OF Bessemer
  808 F.2d 1445· 11th Cir.· 1987-02-02 ·cited 6×·via Equitable Powers Of Federal Courts
  The court held that the district court acted within its equitable authority by issuing an injunction that postponed the school-related effects of annexation to prevent significant disruption to an ongoing intradistrict desegregation plan.
• Brand v. Brand
  811 F.2d 74· 2d Cir.· 1987-01-27 ·cited 6×
  The dissenting judge would hold that the lower court erred in imposing a constructive trust because the party seeking the trust failed to prove unjust enrichment based on the transferor's wishes at the time of death.
• Rodriguez v. VIA Metro. Transit Sys.
  802 F.2d 126· 5th Cir.· 1986-10-10 ·cited 6×
  The court held that the settlement agreement is a valid and enforceable contract, but remanded the case for further consideration of the specific enforcement of its provisions due to new evidence presented by VIA.
• Gilbert v. City OF Little Rock
  799 F.2d 1210· 8th Cir.· 1986-08-28 ·cited 6×·via Equitable Powers Of Federal Courts
  The district court's finding of no adverse discriminatory impact from the oral exam was not clearly erroneous and should be affirmed.
• United States v. Pegg
  782 F.2d 1498· 9th Cir.· 1986-02-19 ·cited 6×
  The court held that Pegg was a constructive trustee who breached his trust by wrongfully selling property he received by mistake, and affirmed the award of fair market value to the United States.
• United States v. Peters
  777 F.2d 1294· 7th Cir.· 1985-12-02 ·cited 6×
  The court held that the statute in effect at the time did not authorize the United States to convey property obtained through criminal forfeiture by a warranty deed, as it would impose obligations beyond the interest acquired by the government. However, the court remanded for con
• In re Evangelist
  760 F.2d 27· 1st Cir.· 1985-04-25 ·cited 6×
  A shareholder's claim under 15 U.S.C. § 80a-35(b) for breach of fiduciary duty regarding investment adviser compensation is equitable in nature and does not entitle the shareholder to a jury trial.
• VAN Gemert v. The Boeing Co.
  739 F.2d 730· 2d Cir.· 1984-06-29 ·cited 6×
  The court held that 28 U.S.C. §§ 2041 and 2042 do not limit a district court's discretion in fashioning an equitable plan for distributing unclaimed class action judgment funds. The court also affirmed the denial of New York's motion to intervene.
• Florando Inv. Corp. v. Ester Fried and Lawrence Fried
  412 So. 2d 14· Fla. 2d DCA· 1982-02-03 ·cited 6×
  Florando Investment Corporation sold mobile home lots and mobile homes to the Frieds, financing the transaction with promissory notes secured by purchase money mortgages. When Florando foreclosed after the Frieds failed to pay, the trial court found fraud and securities law viola
• Equilease Corp. v. Hentz
  634 F.2d 850· 5th Cir.· 1981-01-20 ·cited 6×
  A party who receives money in good faith satisfaction of a valid claim, or who has changed their position in reliance on the payment, cannot be compelled to make restitution even if the payment was made by mistake.
• Francois v. Francois
  599 F.2d 1286· 3d Cir.· 1979-06-11 ·cited 6×
  The court held that the district court properly voided the property settlement agreement due to undue influence and that its dispositions of the transferred properties and award of attorney's fees were also proper.
• Reed v. Cleveland Bd. OF Educ.
  581 F.2d 570· 6th Cir.· 1978-07-06 ·cited 6×
  The court held that the district court's April 21, 1978 order, which restructured the administration of the Cleveland school system without notice or a hearing, was an appealable mandatory injunction that violated procedural rules and was not justified by the circumstances.
• Interstate Commerce Comm'n v. Beehive State Agric. Coop., Inc.
  575 F.2d 802· 10th Cir.· 1978-05-01 ·cited 6×·via Equitable Powers Of Federal Courts
  The court held that the Interstate Commerce Commission has the authority to seek injunctive relief to enforce its right to inspect the books and records of agricultural cooperatives engaged in interstate transportation for nonmembers.
• Marcel Youakim and Linda Youakim v. Miller
  562 F.2d 483· 7th Cir.· 1977-09-27 ·cited 6×·via Equitable Powers Of Federal Courts
  Related persons caring for state wards in approved foster homes are eligible for AFDC-FC assistance under the Social Security Act, and state laws or policies excluding them conflict with federal law.
• Mosinee Paper Corp. v. Rondeau
  500 F.2d 1011· 7th Cir.· 1974-07-16 ·cited 6×
  The court held that a violation of Section 13(d) of the Williams Act, even if unintentional and subsequently cured by late filing, warrants equitable relief because it deprives the market and issuer of timely information regarding potential control shifts.
• Kent v. The N. Cal. Reg'l Off. OF the Am. Friends Serv. Comm.
  497 F.2d 1325· 9th Cir.· 1974-05-10 ·cited 6×
  The court held that the district court properly dismissed the interpleader and injunctive relief actions because the trustees lacked standing and the interpleader statute's requirements were not met.
• United States v. Systron-Donner Corp.
  486 F.2d 249· 9th Cir.· 1973-09-27 ·cited 6×
  The court held that a party cannot recover payments made under a negotiated fixed-price contract due to the other party's unilateral mistake in calculating its bid, as this does not constitute unjust enrichment.
• Clark Equip. Co. v. Armstrong Equip. Co.
  431 F.2d 54· 5th Cir.· 1970-09-01 ·cited 6×
  Federal courts have jurisdiction to grant injunctive relief to enforce state-created substantive rights, even if a specific state remedy like detinue might not be available or adequate.
• Atkins v. Schmutz Mfg. Co.
  401 F.2d 731· 4th Cir.· 1968-09-10 ·cited 6×
  The court held that the Virginia statute of limitations barred the plaintiff's action because the prior suit filed in Kentucky did not toll the Virginia statute under Virginia law.
• Chas. Pfizer & Co., Inc. v. Davis-Edwards Pharmacal Corp.
  385 F.2d 533· 2d Cir.· 1967-11-20 ·cited 6×·via Equitable Relief From Judgment
  The court held that the district court did not err in refusing to vacate the consent judgment or in finding the appellant in contempt, as no fraud on the court occurred and the judgment remained equitable.
• Travelers Indem. Co. v. Israel
  354 F.2d 488· 2d Cir.· 1965-12-01 ·cited 6×
  The court held that an insurer cannot deny liability based on a policy clause requiring timely action when the insurer itself initiated an interpleader action that delayed proceedings. It also held that an assignment of policy proceeds after a loss is valid without insurer consen
• C. G. Ball (Margaret Eliza Ball v. Victor Adding Mach. Co.
  236 F.2d 170· 5th Cir.· 1956-08-10 ·cited 6×
  The court held that the employer is the real party in interest and that the trustee and retirement committee are not indispensable parties, allowing the case to proceed with the parties already before the court.
• Welcome Wagon, Inc. v. Morris
  224 F.2d 693· 4th Cir.· 1955-07-26 ·cited 6×
  The appellate court held that the restrictive covenant was void and unenforceable because it was unreasonable in duration and geographic scope, and thus affirmed the district court's denial of injunctive relief.
• Melvin Yonack in Bankruptcy of James Lester Pallett and Ruby Jewell Pallett v. Interstate Sec. Co. of Tex.
  217 F.2d 649· 5th Cir.· 1954-12-22 ·cited 6×
  The court held that the claimant, having paid off a lien holder without being a volunteer and at the request of interested parties, was entitled to subrogation to the lien holder's rights, even though the lien was technically released rather than assigned.