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

• Smith v. City OF Winter Haven
  154 Fla. 439· Fla.· 1944-05-09 ·cited 4×·via Equitable Relief (Injunction)
  The court held that taxpayers are not barred by laches or prior judgments from challenging unlawful tax assessments, especially when the lands are not benefited by municipal inclusion and no proper tax equalization board exists.
• King v. Richardson
  136 F.2d 849· 4th Cir.· 1943-06-19 ·cited 4×
  The court held that the bequest to the church trustees was an absolute gift, not a trust, and that even if a trust existed, the claims were barred by the North Carolina statutes of limitations.
• The MacCabees v. City OF N. Chicago
  125 F.2d 330· 7th Cir.· 1942-01-13 ·cited 4×·via Equitable Powers Of Federal Courts
  The court held that the district court has jurisdiction to entertain a complaint alleging fraud and conspiracy to defraud, even if it involves state-created rights, and that the statute of limitations did not bar the plaintiff's claim for violation of statutory duty.
• Rorick v. United States Sugar Corp.
  120 F.2d 418· 5th Cir.· 1941-05-29 ·cited 4×
  Bondholders of the Everglades Drainage District cannot foreclose tax liens in federal equity court; their remedy is mandamus to compel officers to perform their duties.
• Haskins v. Roseberry
  119 F.2d 803· 9th Cir.· 1941-05-07 ·cited 4×
  The court held that the Nevada statute barring actions for recovery of lands sold for taxes after three years from the deed's delivery applies and bars the receiver's claim.
• Hawkins v. Garrison
  97 Fla. 156· Fla.· 1929-02-13 ·cited 4×
  Kenneth Hawkins sued J.H. Garrison for breach of a land sale contract after depositing $2,000 as earnest money. The Florida Supreme Court reversed the trial court's dismissal, holding that the complaint could proceed as an action for money had and received, even though it was fra
• Cordelia Hoey v. Jackson
  31 Fla. 541· Fla.· 1893-01-01 ·cited 4×·via Equitable Relief From Judgment
  This case clarifies that courts of equity will not grant relief against a legal judgment if the party seeking relief had an opportunity to present their defense at law but failed to do so due to their own negligence. The court emphasized that equitable relief is only available fo
• The Trs. of the Internal Improvement Fund v. Gleason
  15 Fla. 384· Fla.· 1875-06-01 ·cited 4×
  The court affirmed a lower court's decision regarding a contract entered into by trustees of the Internal Improvement Fund. The trustees argued the contract was illegal and beyond their powers, but the court found that improving trust lands by drainage was within their authorized
• Frisbee v. Timanus
  12 Fla. 300· Fla.· 1868-01-01 ·cited 4×
  Timanus sought equity relief to recover rents from property after obtaining a judgment against Frisbee in an ejectment action. The Florida Supreme Court affirmed the decree granting an injunction and appointing a receiver to collect rents, holding that equity courts have jurisdic
• A. E. Gregory de bonis non of the estate of J. M. Nixon v. Harrison
  4 Fla. 56· Fla.· 1851-01-01 ·cited 4×
  The Florida Supreme Court held that an administrator de bonis non (administrator of unadministered estate) cannot sue a removed executor or the representative of a deceased executor for assets that were converted or wasted by the first executor. The court established that such cl
• Callahan v. Nelson
  Del. Ch.· 2025-11-14 ·cited 3×
  The Court of Chancery held that partition is an appropriate equitable remedy for co-owners of a companion animal. While a value-maximizing auction is the presumptive procedure, courts may deviate if the equities, particularly the prevention of harm to the animal, require it. In t
• IVY Chase Apt. Prop. v. IVY Chase Apts.
  352 So. 3d 33· Fla. 2d DCA· 2022-06-29 ·cited 3×
  The appellate court reversed a foreclosure judgment, finding that the lender presented insufficient evidence to prove the amounts owed. The court also addressed the default interest rate, holding that the trial court erred by modifying the unambiguous terms of the note based on e
• 21st Mortg. Corp. v. TSE Plantation, LLC
  301 So. 3d 1120· Fla. 1st DCA· 2020-08-31 ·cited 3×
  The appellate court reversed a summary judgment granted to TSE Plantation, finding that 21st Mortgage Corporation did not cause injury to TSE Plantation's predecessor in interest through alleged misconduct in a bankruptcy case, which is a necessary element for an unclean hands de
• Brown v. Poole
  261 So. 3d 708· Fla. 5th DCA· 2018-12-14 ·cited 3×
  A constructive trust was properly imposed on life insurance policy proceeds in favor of an ex-wife where the divorce settlement agreement required the policy owner to maintain her as an irrevocable beneficiary to secure alimony obligations, and his subsequent beneficiary changes
• Daria Pastouhkova Gogoleva v. Soffer
  187 So. 3d 268· Fla. 3d DCA· 2016-02-17 ·cited 3×
  Gogoleva appeals orders dismissing her complaint against defendants for fraudulent inducement regarding a settlement release of a helicopter crash that killed her husband. The court affirms dismissal of her rescission claim due to indispensable parties but reverses dismissal of h
• Librizzi v. Ocwen Loan Servicing, LLC
  2015 U.S. Dist. LEXIS 106634· S.D. Fla.· 2015-08-13 ·cited 3×
  The court dismissed claims against credit bureaus for failing to allege specific violations of FCRA and denied injunctive relief. Claims against Ocwen, Homeward, and Deutsche Bank were also dismissed for failure to state a claim or lack of specific allegations.
• Hollingsworth v. Deutsche Bank Nat'l Tr. Co. for Morgan Stanley Abs Cap. 1 Inc. Tr. 2006-WMC2
  170 So. 3d 810· Fla. 1st DCA· 2015-01-20 ·cited 3×·via Equitable Relief From Judgment
  The court affirmed the denial of a motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540(b) because the motion was untimely filed and did not satisfy the requirements for relief under subsection (b)(5).
• Weiss v. Weiss
  100 So. 3d 1220· Fla. 2d DCA· 2012-11-14 ·cited 3×
  A Florida appellate court upheld enforcement of an Illinois contempt order domesticated in Florida, requiring a former husband to pay delinquencies on insurance policies mandated by a 1972 divorce decree. The court held that the Full Faith and Credit Clause obligates Florida cour
• Fick v. Metro. Life Ins.
  347 F. Supp. 2d 1271· S.D. Fla.· 2004-11-11 ·cited 3×·via Equitable Relief Under Erisa
  The court affirmed the grant of summary judgment for MetLife, finding that MetLife's denial of disability benefits was not 'wrong' under de novo review, thus ending the inquiry.
• Camp v. Paul N. Howard Co.
  853 So. 2d 1072· Fla. 5th DCA· 2003-06-13 ·cited 3×
  Camp, Dresser & McKee (CDM), an engineer on a water project, sued the general contractor Paul N. Howard Company for contractual indemnity after settling a personal injury claim by an electrical accident victim. The court reversed summary judgment against CDM, holding that the ind
• ANJ Future Invs., Inc. v. Alter
  756 So. 2d 153· Fla. 3d DCA· 2000-03-15 ·cited 3×
  Florida appellate court reversed receiver appointment in foreclosure, holding that absent evidence of waste or property value insufficiency, appointment of a receiver is an abuse of discretion when less drastic remedies exist.
• Hill v. Xerox Corp.
  998 F. Supp. 1378· N.D. Fla.· 1998-02-02 ·cited 3×
  The court denied the defendant's motions for judgment as a matter of law or a new trial, ordered the plaintiff reinstated instead of awarding front pay, and directed entry of an amended money judgment.
• Long v. Moore
  626 So. 2d 1387· Fla. 1st DCA· 1993-11-19 ·cited 3×
  The Longs, elderly and in poor health, purchased a home from the Moores with a $50,000 downpayment and financed the remaining $50,000 over ten years. Unable to continue monthly payments after one year, they deeded the property back and later sought rescission, claiming Mr. Long l
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• Sec. & Exch. Comm'n v. Wang
  944 F.2d 80· 2d Cir.· 1991-09-06 ·cited 3×
  The court held that a district court's review of an SEC disgorgement plan is limited to ensuring it is fair and reasonable, and its approval is reviewed for abuse of discretion.
• Shultz v. SUN Bank/Naples, N.A.
  553 So. 2d 202· Fla. 2d DCA· 1989-10-27 ·cited 3×
  Sun Bank sought interpleader relief regarding the distribution of escrowed funds for a failed limited partnership offering. The court reversed the trial court's judgment, holding that Shultz was entitled to recover her $100,000 contribution equally with Farrar (the receiver), and
• Sanchez v. City of Miami Beach
  720 F. Supp. 974· S.D. Fla.· 1989-08-28 ·cited 3×
  The court held that the City of Miami Beach created a sexually hostile work environment in violation of Title VII, but the plaintiff failed to prove her claim of disparate treatment regarding advancement and training opportunities.
• Juror 157 v. Corporate
  710 F. Supp. 324· M.D. Fla.· 1989-03-03 ·cited 3×
  The court held that the plaintiff is entitled to a jury trial for claims of lost wages, other benefits, and civil penalties under 28 U.S.C. § 1875, based on both statutory intent and the Seventh Amendment.
• Jackson v. Pool Mortg. Co.
  868 F.2d 1178· 10th Cir.· 1989-02-28 ·cited 3×
  The court held that the actual damage award was not excessive as a matter of law because it could include damages beyond backpay, and affirmed the vacation of punitive damages because the plaintiff failed to present sufficient evidence to support the award under the applicable fe
• Schoninger v. Union OIL Co. OF Cal.
  514 So. 2d 430· Fla. 3d DCA· 1987-11-03 ·cited 3×
• Shuttleworth v. Broward Cnty.
  649 F. Supp. 35· S.D. Fla.· 1986-12-03 ·cited 3×
  Compensatory damages for emotional distress and mental anguish are not recoverable under Section 504 of the Rehabilitation Act, as remedies are limited to equitable relief like back pay and reinstatement.
• Shuttleworth v. Broward Cnty.
  639 F. Supp. 654· S.D. Fla.· 1986-07-08 ·cited 3×
  The court held that exhaustion of administrative remedies is not required for claims under Section 504 of the Rehabilitation Act, and that claims under Section 1983 are not precluded by the Rehabilitation Act. The court also found that the plaintiff met Florida's statutory notice
• Great Atl. Ins. Co. v. Liberty Mut. Ins. Co.
  773 F.2d 976· 8th Cir.· 1985-09-24 ·cited 3×
  The court held that Liberty Mutual's defense was properly tried before the jury, and the district court erred in granting a judgment notwithstanding the verdict.
• Garcia-Tunon v. Garcia-Tunon
  472 So. 2d 1378· Fla. 2d DCA· 1985-07-31 ·cited 3×
  This case addresses whether a life tenant can maintain a partition action against remaindermen under Florida law. The court held that partition is unavailable to a life tenant seeking to partition against remaindermen, affirming summary judgment for the remaindermen.
• Cowin Equip. Co., Inc. v. Gen. Motors Corp.
  734 F.2d 1581· 11th Cir.· 1984-06-29 ·cited 3×
  The Uniform Commercial Code § 2-302, concerning unconscionable contracts, does not create a cause of action for damages, and therefore, a party cannot recover monetary damages based on an unconscionable contract provision.
• TOM Bush Volkswagen, Inc. v. Luiz C. Kuntz
  429 So. 2d 398· Fla. 1st DCA· 1983-03-29 ·cited 3×
  Tom Bush Volkswagen appeals a judgment allowing a car purchaser to revoke acceptance of a defective 1980 Volkswagen Rabbit and recover the full purchase price. The court affirmed the revocation of acceptance but reversed the denial of a set-off for the buyer's use of the vehicle,
• Gurmankin v. Costanzo
  626 F.2d 1132· 3d Cir.· 1980-07-15 ·cited 3×·via Prospective Equitable Relief
  The court held that the district court erred in denying class certification solely on numerosity grounds when effective remedial relief for past discrimination was needed.
• Klein v. Klein
  113 So. 2d 855· Fla. 3d DCA· 1959-06-25 ·cited 3×
  Sue Klein sought to enforce a New York divorce decree and modification order against her ex-husband Ralph Klein in Florida state court. The Florida court refused enforcement based on fraud in the procurement of the alimony provision but also denied the wife's request for future c
• City of W. Palm Beach v. State
  132 Fla. 901· Fla.· 1938-06-30 ·cited 3×·via Equitable Decree
  This case concerns whether a writ of mandamus to enforce payment of municipal securities should be awarded when the city has funds but a federal court decree, to which the relator was not a party, requires those funds to be paid to other bondholders and enjoins their use for othe
• Haddock v. Wright
  25 Fla. 202· Fla.· 1889-01-01 ·cited 3×·via Equitable Relief From Judgment
  The Supreme Court of Florida affirmed a lower court's decision in an ejectment proceeding. The appellant, who claimed he was never served in a prior lawsuit, attempted to collaterally attack a judicial sale based on that prior lawsuit. The court held that after such a long period
• James v. Sec'y, Dep't of Corr.
  130 F.4th 1291· 11th Cir.· 2025-03-13 ·cited 2×
  The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.
• Universal Med. Inv. Corp. v. Mike Rollison Fence, LLC
  331 So. 3d 242· Fla. 1st DCA· 2021-11-17 ·cited 2×
  The appellate court reversed a trial court's decision that found a letter of understanding ambiguous. The court held that the language was clear and unambiguous, and therefore, the trial court erred in construing it against the drafter.
• Hayes v. Reverse Mortg. Solutions
  260 So. 3d 391· Fla. 3d DCA· 2018-11-21 ·cited 2×
  Appellant Judith Hayes challenges a foreclosure judgment on a reverse mortgage, arguing the action was time-barred under Florida's five-year statute of limitations. The court addresses an issue of first impression regarding when the statute of limitations begins to run for revers
• Branch Banking & Tr. Co. v. Kraz, LLC
  114 So. 3d 273· Fla. 2d DCA· 2013-04-17 ·cited 2×
  Branch Banking & Trust Company appealed a foreclosure trial court decision that denied foreclosure and awarded equitable remedies to the borrower, including crediting the loan principal with alleged FDIC shared loss payments. The appellate court reversed the credit award for lack
• Gomez Lawn Serv., Inc. v. THE Hartford
  98 So. 3d 212· Fla. 1st DCA· 2012-09-28 ·cited 2×
  In this workers' compensation appeal, the court reversed a Judge of Compensation Claims' decision that barred an employee's petition for benefits based on alleged untimely notice to the workers' compensation carrier. The court held that Florida law requires notice to the employer
• MB Plaza, LLC v. Wells Fargo Bank
  72 So. 3d 205· Fla. 2d DCA· 2011-09-23 ·cited 2×
  MB Plaza appeals a trial court order appointing a receiver in a foreclosure action. The court affirmed the decision to appoint a receiver but reversed the order to the extent it granted excessive powers beyond what the brief hearing justified, requiring the trial court on remand
• Cont'l Grp., Inc. v. KW Prop. Mgmt., LLC
  622 F. Supp. 2d 1357· S.D. Fla.· 2009-04-22 ·cited 2×
  The court found that TCG established a substantial likelihood of success on its CFAA claim, warranting a preliminary injunction.
• Schwab v. McDonough
  521 F. Supp. 2d 1338· M.D. Fla.· 2007-11-14 ·cited 2×
  The court granted the motion to stay execution, pending the Supreme Court's decision in Baze v. Rees, due to the significant possibility of success on the merits of the lethal injection challenge.
• Int'l Alliance OF Theatrical Stage Emps. & Moving Picture Technicians v. Int'l Alliance OF Theatrical Stage Emps. & Moving Picture Mach. Operators Holding Co., Inc.
  902 So. 2d 959· Fla. 4th DCA· 2005-06-08 ·cited 2×
  Local 500 appealed a judgment for the Holding Company in a dispute over property ownership involving a local theatrical union. The court affirmed, holding that the presumption of a resulting trust was a "vanishing" presumption that disappeared when evidence showed Local 646 membe
• Flynn v. Sarasota Cnty. Pub. Hosp. Bd.
  169 F. Supp. 2d 1363· M.D. Fla.· 2001-10-15 ·cited 2×
  The court held that former counsel was not entitled to additional attorney's fees or a charging lien because there was no agreement for an enhanced fee and the charging lien was untimely filed.