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

• Bradley v. United States
  214 F.2d 5· 5th Cir.· 1954-06-28 ·cited 6×
  The court held that equity should treat housing priorities as granted when a federal official approved amended valuations and advised the builder that a new application was unnecessary.
• Dayvault v. Baruch OIL Corp.
  211 F.2d 335· 10th Cir.· 1954-03-13 ·cited 6×
  The court held that an oral agreement to form a joint venture for acquiring and developing oil and gas leases is not barred by the statute of frauds, even if title is held in one partner's name.
• United States v. Sheff
  194 F.2d 596· 9th Cir.· 1952-02-29 ·cited 6×
  Prior judgments against tenants in state court do not bar the United States from seeking restitution for rent overcharges under federal law.
• Rash v. Peoples Deposit Bank & Tr. Co.
  192 F.2d 470· 6th Cir.· 1951-11-09 ·cited 6×
  The court held that the appellant failed to prove the existence, content, or loss of the alleged contract with the deceased.
• Shuell v. London Amusement Co.
  123 F.2d 302· 6th Cir.· 1941-11-06 ·cited 6×
  A wife's conduct can ratify her husband's agency and lease renewal, even without written authorization, especially when the other party relies on this apparent authority and partially performs.
• City of St. Petersburg v. United Mut. Life Ins. Co.
  120 Fla. 307· Fla.· 1935-06-22 ·cited 6×
  The City of St. Petersburg issued guarantee fund bonds to redeem certificates of indebtedness secured by special assessments on real property. When the bonds matured unpaid, a bondholder sued in equity, alleging the city breached its trust duty by failing to properly collect and
• Palm Beach Ests. v. Bula E. Croker
  111 Fla. 671· Fla.· 1933-08-02 ·cited 6×
  In this real property dispute, the Florida Supreme Court affirmed a modified final decree requiring Palm Beach Estates and J.B. McDonald to specifically perform a land purchase contract against the widow of Richard Croker, while clarifying that deposited funds remain the defendan
• Alorda v. Sutton Place Homeowners Ass'n, Inc.
  82 So. 3d 1077· Fla. 2d DCA· 2012-01-06 ·cited 5×
  The Alordas appealed a trial court's award of attorney's fees and costs to their homeowners association following dismissal of an injunctive relief action. The court reversed, holding that the association could not be the prevailing party because it failed to state a valid cause
• Senter v. JPMorgan Chase Bank, N.A.
  810 F. Supp. 2d 1339· S.D. Fla.· 2011-08-09 ·cited 5×
  The court held that the plaintiffs failed to adequately plead consideration to establish a valid contract for a loan modification, and that the agreements were unenforceable agreements to agree due to indefinite terms.
• Forest Grove Sch. Dist. v. T. A.
  9th Cir.· 2009-06-22 ·cited 5×
  The Individuals with Disabilities Education Act (IDEA) Amendments of 1997 do not categorically prohibit reimbursement for private-education costs if a child has not previously received special education and related services under the authority of a public agency.
• Debt Settlement Administrators, LLC v. Antigua AND Barbuda
  950 So. 2d 464· Fla. 3d DCA· 2007-02-14 ·cited 5×
  The court held that a pure bill of discovery is unauthorized when a related cause of action is pending in a jurisdiction where discovery is available.
• Chase Bank OF Tex. Nat'l Ass'n v. State
  860 So. 2d 472· Fla. 1st DCA· 2003-11-06 ·cited 5×
  Chase Bank of Texas sought a writ of prohibition to prevent the trial court from exercising jurisdiction over the Florida Department of Insurance's claim for damages against Chase on behalf of Western Star Insurance Company's policyholders in a liquidation proceeding. The court h
• In re The Marriage of Shirley J. Barineau v. Barineau
  662 So. 2d 1008· Fla. 1st DCA· 1995-11-14 ·cited 5×
  In a divorce case, the trial court granted summary judgment dismissing the wife's claim that her husband's non-profit corporation (Faith Chapel) was his alter ego for purposes of equitable distribution. The appellate court reversed, holding that non-profit corporations are not ex
• Hutson v. Brooks
  646 So. 2d 276· Fla. 2d DCA· 1994-12-02 ·cited 5×
  The court reversed a trial court's denial of a constructive trust remedy, holding that Jack Brooks breached a confidential relationship by refusing to release funds entrusted to him by Fred and Thelma Hutson unless they agreed to use the money for a specific purpose. The appellat
• Sec. & Exch. Comm'n v. Maxwell C. Huffman, Jr.
  996 F.2d 800· 5th Cir.· 1993-08-02 ·cited 5×
  An order of disgorgement by the SEC is not a 'debt' under the Federal Debt Collection Procedures Act of 1990, and therefore state property law exemptions incorporated into the Act do not apply to its collection.
• Scutieri v. Est. of Revitz
  829 F. Supp. 387· S.D. Fla.· 1993-06-25 ·cited 5×
  The court adopted the magistrate judge's recommendation to deny motions for attorney charging liens filed by two law firms, finding they failed to meet legal requirements for such liens.
• Versarge v. The Twp. OF Clinton NEW Jersey
  984 F.2d 1359· 3d Cir.· 1993-02-02 ·cited 5×
  The court held that the plaintiff's speech, motivated by personal animosity and causing significant disruption within the volunteer fire company, was not protected by the First Amendment, and thus his expulsion was permissible.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  964 F.2d 180· 2d Cir.· 1992-05-19 ·cited 5×
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×·via Equitable Powers Of Federal Courts
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Polovchak v. Meese
  774 F.2d 731· 7th Cir.· 1985-09-10 ·cited 5×
  The court held that the Government violated the Polovchaks' due process rights by failing to notify them of the departure control order and grant a hearing. However, the judge dissents on the district court's injunction, arguing it was a necessary remedy.
• Home Am., Inc. v. Atkinson
  392 So. 2d 268· Fla. 2d DCA· 1980-10-22 ·cited 5×
  The court held that specific performance was a proper remedy for a construction contract involving real property, but ordering the seller to finance the purchase was an improper equitable remedy when damages were calculable.
• Cent. & S. Fla. Flood Control Dist. v. Scott
  169 So. 2d 368· Fla. 2d DCA· 1964-12-04 ·cited 5×
  Residents of the unincorporated town of Olga sought a mandatory injunction requiring the state and county to replace a public bridge removed during a river-widening project and relocated five miles away. The court reversed dismissal and held that plaintiffs failed to state a caus
• Mack Roth, Inc. v. H. Marshall Gardiner and Wife
  96 Fla. 691· Fla.· 1928-12-05 ·cited 5×
  This case involves a dispute over a real estate transaction where a buyer sought damages after the seller initially refused to convey the property and then later offered to convey when the property's value had significantly decreased. The court affirmed the lower court's decision
• McLeod v. Gaither
  94 Fla. 55· Fla.· 1927-06-28 ·cited 5×
  McLeod, a co-owner of land, fraudulently deceived his co-owners Prine and Wilson and broker Gaither by misrepresenting how sale commissions would be distributed, keeping funds for himself. The Florida Supreme Court affirmed the chancellor's decree requiring McLeod to account for
• THE Residences at the Bath Club Condo. Ass'n, Inc. v. Bath Club Ent., LLC
  355 So. 3d 990· Fla. 3d DCA· 2023-02-01 ·cited 4×
  Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
• Gavidia v. Wells Fargo Bank
  301 So. 3d 413· Fla. 2d DCA· 2020-04-24 ·cited 4×
  The appellate court reversed an order denying a motion to vacate a foreclosure sale. The court found the trial court applied the wrong legal standard by focusing on irregularities of the sale itself, rather than considering equitable grounds for vacating the sale, such as a loan
• Nationstar Mortg. v. LHF Hudson
  271 So. 3d 1073· Fla. 3d DCA· 2019-01-30 ·cited 4×
  The appellate court reversed a summary judgment in favor of the defendant, finding that the plaintiff's foreclosure action was not barred by the statute of limitations or equitable estoppel. The court clarified that subsequent defaults on a mortgage can create new causes of actio
• Corcoran v. Geffin
  250 So. 3d 779· Fla. 1st DCA· 2018-06-28 ·cited 4×
  The circuit court lacks jurisdiction to adjudicate Count 1 alleging violation of article III, section 12 of the Florida Constitution's single-subject requirement for appropriations bills, because determining that the Legislature was constitutionally required to appropriate specif
• In re Johnson
  810 F.3d 1247· 11th Cir.· 2016-01-20 ·cited 4×
  Anthony Johnson sought authorization to file a second or successive § 2255 motion based on Johnson v. United States, but the Eleventh Circuit held his application in abeyance pending the Supreme Court's decision in Welch v. United States on whether Johnson announced a new retroac
• Sprint Solutions, Inc. v. Fils-Amie
  S.D. Fla.· 2014-09-12 ·cited 4×
• Fed. Ins. Co. v. Donovan Indus., Inc.
  75 So. 3d 812· Fla. 2d DCA· 2011-12-07 ·cited 4×
  Federal Insurance Company appealed a declaratory judgment finding coverage for an exercise ball injury claim. The court reversed, holding that the insurance policy should be reformed based on mutual mistake to reflect the parties' agreed exclusion of exercise balls from coverage,
• Townsend v. Morton
  36 So. 3d 865· Fla. 5th DCA· 2010-06-04 ·cited 4×
  Doris Townsend appeals the trial court's denial of rescission of three deeds conveying her farm property to her son Harold Morton. The court reversed in part, holding that the third deed—which eliminated Townsend's life estate and conveyed the property in fee simple—was procured
• ALL Seasons Condo. Ass'n, Inc. v. Busca
  8 So. 3d 434· Fla. 3d DCA· 2009-03-25 ·cited 4×
  Florida appellate court reversed the trial court's appointment of a receiver for a condominium association in a maintenance dispute, holding that receivership is not an available remedy absent fraud, self-dealing, or waste of a secured asset.
• Commodity Futures Trading Comm'n v. Sterling Trading Grp., Inc.
  605 F. Supp. 2d 1245· S.D. Fla.· 2009-03-20 ·cited 4×·via Equitable Powers Of Federal Courts
  The Court adopted the Magistrate Judge's reports, denying the plaintiff's motion for preliminary injunction, granting in part and denying in part the defendants' motion to dismiss, and granting in part and denying in part the plaintiff's motion for summary judgment.
• Australia Mejia v. Ruiz
  985 So. 2d 1109· Fla. 3d DCA· 2008-05-14 ·cited 4×
  Australia Mejia appeals the denial of her claim in supplementary proceedings against two shareholders of a judgment debtor corporation that had sold all its assets and distributed proceeds to themselves after being served with her lawsuit. The court reverses, finding that the ass
• Onofrieti v. Metro. Life Ins.
  320 F. Supp. 2d 1250· M.D. Fla.· 2004-03-22 ·cited 4×·via Equitable Relief Under Erisa
  The court held that the administrator's decision to terminate long-term disability benefits was not wrong, and granted summary judgment for the defendant. The court also denied the plaintiff's motion to dismiss the defendant's counterclaim.
• Fla. Masters Packing, Inc. v. Craig
  739 So. 2d 1288· Fla. 4th DCA· 1999-09-17 ·cited 4×
  Florida Masters Packing, Inc. sought reformation of deeds and to quiet title to real property where a legal description erroneously described the northern boundary as extending 35 feet beyond where the original parties intended. The court affirmed dismissal, holding that reformat
• Allen Damron Constr. Co. v. Mickens
  725 So. 2d 1174· Fla. 2d DCA· 1998-12-18 ·cited 4×
  Damron Construction appeals a final judgment on the Mickens' counterclaim that ordered Damron to purchase a replacement residential lot for the Mickens and return their original property. The appellate court reverses because the relief granted was not supported by the pleadings o
• Commercial Laundries OF W. Fla., Inc. v. Tiffany Square Invs. Ltd. P'ship
  605 So. 2d 116· Fla. 5th DCA· 1992-08-14 ·cited 4×
  Commercial Laundries appeals the termination of its unrecorded commercial leasehold interest in a residential complex following a reforeclosure action by the property's new owner, Tiffany Square Investors. The court affirmed the termination, holding that leasehold interests deriv
• Price v. Marshall Erdman & Assocs.
  966 F.2d 320· 7th Cir.· 1992-07-08 ·cited 4×
  The court held that while the jury's finding of age discrimination and willfulness was supported by evidence, the front pay award was speculative and based on a flawed methodology, requiring remand for recalculation. Attorneys' fees were affirmed in part and reversed in part.
• Ass'n OF Surrogates & Supreme Court Reporters Within the City OF NEW York v. State OF NEW York
  966 F.2d 75· 2d Cir.· 1992-06-05 ·cited 4×
  The court held that the district court abused its discretion by dictating the method by which New York must budget funds for restitution.
• Hornsby v. ST. Louis Sw. Ry. Co.
  963 F.2d 1130· 8th Cir.· 1992-05-12 ·cited 4×
  The court held that an employee discharged for intentionally providing false testimony regarding a co-employee's FELA claim is not protected by 45 U.S.C. § 60, and that claims under this statute seeking back pay and reinstatement are equitable in nature, thus not entitling the em
• Gallagher v. Wilton Enters., Inc.
  962 F.2d 120· 1st Cir.· 1992-04-24 ·cited 4×
  The court held that a jury trial was appropriate for claims under Mass.Gen.Laws Ann. ch. 151B, and that sufficient evidence supported the jury's verdict of sexual harassment and sex discrimination.
• In re Dep't of Energy Stripper Well Exemption Litig. Koch Indus., Inc. v. Mobil OIL Corp.
  968 F.2d 27· Temp. Emer. Ct. App.· 1992-04-07 ·cited 4×·via Equitable Powers Of Federal Courts
  The court held that a federal common law cause of action for restitution or reimbursement is permissible in a third-party complaint joined to a government enforcement action under the Economic Stabilization Act, and that the district court did not abuse its discretion in allowing
• Richmond Tenants Org. v. Kemp
  956 F.2d 1300· 4th Cir.· 1992-03-02 ·cited 4×·via Equitable Powers Of Federal Courts
  The court held that the summary eviction of a public housing tenant without prior notice and an opportunity to be heard violates the Due Process Clause, except in exigent circumstances.
• Withrow v. Concannon
  942 F.2d 1385· 9th Cir.· 1991-08-19 ·cited 4×
  The court held that state officials administering large bureaucracies should not be held to a standard of near-perfect compliance, but rather 'substantial compliance'.
• Kemp v. Peterson
  940 F.2d 110· 4th Cir.· 1991-08-02 ·cited 4×
  The court affirmed the injunction and accounting order but remanded for factual findings regarding the asset freeze. Officers can be held individually liable under the Act.
• Hiraldo-Cancel v. Aponte
  925 F.2d 10· 1st Cir.· 1991-02-04 ·cited 4×
  The court held that the district court did not err in denying judgment notwithstanding the verdict or in ordering reinstatement, as ample evidence supported the jury's finding of politically motivated dismissals and reinstatement was a proper equitable remedy.
• Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.
  919 F.2d 206· 3d Cir.· 1990-11-13 ·cited 4×
  The court held that the constructive trust imposed on the Stablers' interest in Vantage stock was an improper remedy for unsecured creditors of Paige, as it did not place them in the same position as before the fraudulent conveyance.
• Imel v. Laborers Pension Tr. Fund FOR N. Cal.
  904 F.2d 1327· 9th Cir.· 1990-05-22 ·cited 4×
  The court held that the majority's redefinition of 'employer' is an unwarranted expansion of statutory language and judicial overreach.