Equitable Remedies

1,030 Florida cases classified under this topic · sorted by citation count

• Kemp v. Monge
  919 F. Supp. 404· M.D. Fla.· 1996-02-09
  The court held that the plaintiff's salary upon reinstatement was implicitly determined by the jury's back pay award, and thus the plaintiff should be reinstated at that salary. The court also held that reinstatement to the rank of Corporal was too speculative and denied that req
• Anderson v. Buell
  516 U.S. 1100· U.S.· 1996-01-25
• Griffin v. Griffin
  648 So. 2d 267· Fla. 2d DCA· 1995-01-04
  Naomi Griffin appealed a trial court order denying her motion for contempt against her former husband for failure to pay alimony. The appellate court reversed, holding that a foreign judgment for alimony arrearages registered in Florida remains enforceable through contempt procee
• Transcon. GAS Pipe Line Corp. v. Fed. Energy Regulatory Comm'n
  998 F.2d 1313· 5th Cir.· 1993-08-27
  The court affirmed the Commission's order finding Transco violated the Natural Gas Act and disallowing Transco's $75 million passthrough, finding the Commission's actions were supported by substantial evidence and reasoned consideration.
• Laclede GAS Co. v. Fed. Energy Regulatory Comm'n
  997 F.2d 936· D.C. Cir.· 1993-07-09
  The court should reject FERC's interpretation of its own regulation (Rule 602(h)) regarding contested settlements as it is plainly erroneous and inconsistent with the rule's language.
• Brasfield & Gorrie Gen. Contractor, Inc. v. S. Accent Nursery Farms, Inc.
  619 So. 2d 1039· Fla. 5th DCA· 1993-06-11
• United States v. Real Prop. including any Bldgs.
  M.D. Fla.· 1993-06-07
• USX Corp. v. H.H. Champlin
  992 F.2d 1380· 5th Cir.· 1993-05-31
• Johnson v. Bishop L. Robinson
  987 F.2d 1043· 4th Cir.· 1993-02-22
  The court held that the district court's approval of the timetable did not modify the 1987 agreement but rather enforced its existing obligations.
• United States v. Alpine Land & Reservoir
  984 F.2d 1047· 9th Cir.· 1993-01-29
  The court held that the district court abused its discretion in granting relief under Rule 60(b)(6) because Alpine failed to demonstrate extraordinary circumstances preventing timely action.
• Lorain NAACP v. Lorain Bd. OF Educ.
  979 F.2d 1141· 6th Cir.· 1992-11-12
  The court held that a district court cannot modify a consent decree to substantially increase a party's financial obligations over their objection and without an adjudication or admission of wrongdoing, especially when the decree explicitly limits liability and waives adjudicatio
• Imagineering, Inc. v. Kiewit Pac. Co.
  976 F.2d 1303· 9th Cir.· 1992-10-07
  The court held that the plaintiffs' amended complaint failed to allege sufficient facts to establish RICO standing or proximate causation for their RICO claims, and also failed to allege sufficient facts for standing for injunctive relief under civil rights statutes, but that the
• The Travelers Ins. Co. v. 633 Third Assocs.
  973 F.2d 82· 2d Cir.· 1992-08-17
  A creditor may have standing under New York's fraudulent conveyance law to set aside a conveyance if it caused a diminution in the value of the secured property, even with an exculpation clause, provided the creditor pursues an equitable action to prevent waste rather than a dama
• United States v. 99.66 Acres OF Land
  970 F.2d 651· 9th Cir.· 1992-07-23
  The court held that the district court did not abuse its discretion in excluding speculative valuation testimony and severance damages, nor in denying a new trial, and that the lienholder could be held liable for restitution of overpaid estimated compensation.
• Bd. OF Trs. OF THE Univ. OF Ill. v. Ins. Corp. OF Ireland
  969 F.2d 329· 7th Cir.· 1992-07-20
  The court held that the district court properly reformed the insurance policy to reflect the parties' mutual intent for separate coverage limits, as the evidence presented did not create a genuine issue of material fact regarding that intent.
• Gatewood v. United States Cellular Corp.
  953 F.2d 1393· D.C. Cir.· 1991-11-25
  The court held that the district court erred in modifying the contract's valuation date for the put option, as there was no legal or factual basis for reformation or equitable modification.
• Matter of Carolin Paxson Advertising, Inc. v. Marsh Media OF EL Paso
  938 F.2d 595· 5th Cir.· 1991-08-13
  The court held that the bankruptcy court erred in imposing a constructive trust because Paxson was an independent contractor, not an agent, of the television stations (KVIA and KINT).
• Kinney Shoe Corp. v. Lincoln M. Polan
  939 F.2d 209· 4th Cir.· 1991-07-17
  A shareholder who fails to observe corporate formalities and grossly undercapitalizes a corporation, using it as a shell to limit liability, can be held personally liable for the corporation's debts, even if the creditor could have investigated the corporation's finances.
• Hill v. Winn-Dixie Stores, Inc.
  934 F.2d 1516· 11th Cir.· 1991-07-10
  The court held that the Jury Act provides a right to a jury trial, and that the jury's verdict of coercion and intimidation should be reinstated, but the finding of constructive discharge was not supported by sufficient evidence.
• State Farm Mut. Auto. Ins. Co. v. Misti Green
  579 So. 2d 402· Fla. 5th DCA· 1991-05-23
  State Farm appealed a final judgment entered against it for payment of medical bills under an insurance policy after the trial court granted Green's motion for temporary relief and then entered final judgment when State Farm failed to comply. The Fifth District reversed, holding
• Coll v. Coll
  579 So. 2d 354· Fla. 3d DCA· 1991-05-14
  The court vacated the criminal contempt order against the former husband for lack of personal service but affirmed the civil contempt findings and the trial court's authority to order execution of a deed to marital property through a commissioner.
• In re Brazier Forest Prods., Inc. v. Fort Vancouver Plywood Co.
  921 F.2d 221· 9th Cir.· 1990-12-12
  The court held that St. Paul failed to establish standing as a lien creditor and that the bankruptcy court's order did not grant marshaling rights, thus affirming the district court's decision.
• Carlyle L. Harrison v. Austin
  569 So. 2d 1298· Fla. 5th DCA· 1990-10-11
  The court granted appellees' motion for rehearing and withdrew its prior opinion regarding the location of an easement across defendant's property. The case involves a dispute over whether a 25-foot-wide easement granted in 1968 must be located entirely on Tract 128 as the deed s
• Fletcher v. Ricks Exploration
  905 F.2d 890· 5th Cir.· 1990-07-17
  The court held that the filing of a unit designation does not constitute an offer to leaseholders within the unit, and Texas law does not permit ratification of a pooling provision by the owner of an unproductive working interest.
• Puranchand D. Hemlani v. Guerrero
  902 F.2d 1412· 9th Cir.· 1990-05-08
  The court held that the Hemlanis do not have standing to challenge the retroactive application of a statute in their suit for specific performance.
• Shaw v. United States
  891 F.2d 602· 6th Cir.· 1989-12-14
  The court held that a claimant cannot use Federal Rule of Criminal Procedure 41(e) to seek the return of seized property when the government has initiated civil forfeiture proceedings and statutory remedies are available.
• Trager v. Trager
  544 So. 2d 1128· Fla. 4th DCA· 1989-06-14
  Florida appellate court reversed trial court's order compelling husband to reimburse wife for real estate taxes on marital home where the dissolution judgment was silent on expense payment responsibilities.
• Warren v. King
  530 So. 2d 431· Fla. 1st DCA· 1988-08-30
  The court held that the trial court erred in ordering the husband to pay the child's medical expenses without first determining coverage and allocation.
• Anne Caldwell v. Puget Sound Elec. Apprenticeship & Training Tr.
  824 F.2d 765· 9th Cir.· 1987-08-11
  The district court had jurisdiction to order restitution of front pay after the initial judgment was reversed, as restitution is an equitable remedy consistent with the appellate mandate.
• Gino C. Rosati & Cont'l Dev. Corp. v. Sternad
  509 So. 2d 1386· Fla. 4th DCA· 1987-07-29
  The appellate court affirmed the trial court's denial of specific performance, finding sufficient evidence to support the trial court's conclusions.
• Lewis v. Lewis
  494 So. 2d 531· Fla. 1st DCA· 1986-09-25
  The court affirmed the trial court's order requiring mortgage payments to be deposited in the attorney's trust account and discontinuing the appellant's use of those funds for personal expenses pending appeal of an annulment judgment.
• Cap. Invs. Co. v. Executors OF the Estate OF Arthur R. Morrison
  800 F.2d 424· 4th Cir.· 1986-09-12
  The court held that Frost's estate is jointly and severally liable for the entire judgment and reversed the district court's award of a large management fee to Dreisen's estate.
• Hazelwood v. Maxwell G. Hazelwood
  487 So. 2d 1217· Fla. 4th DCA· 1986-05-07
  In a second appeal in a divorce/alimony case, the court reversed the trial court's decision to reject the master's recommendation for modification of alimony. The case demonstrates that when a prior appellate decision remands for consideration of equitable remedies including modi
• Betty-Louise Felton v. Sec'y, United States Dep't OF Educ., & the Chancellor of the Bd. of Educ. of the City of N.Y.
  787 F.2d 35· 2d Cir.· 1986-03-26
  The court affirmed the district court's order staying the judgment for one year, finding it was within the district court's discretion to manage the equitable remedy.
• In re Cox
  53 B.R. 829· M.D. Fla.· 1985-10-15
  Executone is in contempt for violating the automatic stay but will not face sanctions due to good faith; however, it is enjoined from pursuing damages but granted limited relief to pursue injunctive relief regarding a non-competition clause.
• Tasby v. Black Coal. TO Maximize Educ.
  771 F.2d 849· 5th Cir.· 1985-09-20
  The court held that the district court did not abuse its discretion by approving a motion to establish South Dallas Educational Centers, a remedial program that involved returning some minority students to neighborhood schools, as it was tailored to address specific achievement g
• United States v. $53
  1985 U.S. Dist. LEXIS 18205· S.D. Fla.· 1985-07-03
• Wilson v. Americus H. Wilson
  466 So. 2d 446· Fla. 4th DCA· 1985-04-10
  A mother and father who never married had a child together and separated. The trial court awarded the mother sole and exclusive use of their home as part of child support, conditioned on a 'resident restriction clause' prohibiting additional residents. When the mother's adult dau
• John W. Stone OIL Distrib., Inc. v. The M/V MR. W. Bruce
  752 F.2d 184· 5th Cir.· 1985-02-08
  The court held that the Ship Mortgage Act's apportionment provision does not apply to separate mortgages on different vessels, and equitable marshalling of assets was inappropriate as it could prejudice third parties.
• Bentley Ranches, Inc. v. Borgerson
  732 F.2d 1395· 9th Cir.· 1984-01-27
  The court held that the district court's findings supporting contract reformation were not clearly erroneous, and thus affirmed the reformation.
• Spey v. Hayward T. Hayes
  440 So. 2d 599· Fla. 1st DCA· 1983-11-07
  The court affirmed the trial judge's discretionary determination that modified plans for property improvements would bring the property into compliance with Santa Rosa Island Protective Covenants, rejecting both the appellants' demand for destruction and the appellees' cross-appe
• Allen v. Hendel
  440 So. 2d 1315· Fla. 3d DCA· 1983-11-01
  Florida appellate court affirmed specific performance of a real estate contract but struck the trial court's requirement that buyers reimburse the seller for property maintenance expenses, finding the contract allocated those costs to the seller.
• 3615 Corp. v. NEW York Life Ins. Co.
  717 F.2d 1236· 8th Cir.· 1983-10-06
  The court held that the purchaser was not entitled to specific performance of the contract for sale of the damaged building.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  478 F. Supp. 849· S.D. Fla.· 1983-04-12
  The court denied the motion for a temporary restraining order because plaintiffs failed to show a substantial threat of irreparable injury, but granted interim relief by enjoining certain receiver powers pending further order.
• James v. United States
  459 U.S. 1044· U.S.· 1982-11-29
  The Court of Appeals erred in sua sponte dismissing the appeal, as alternative remedies like the writ of coram nobis could have been considered to address the unique circumstances.
• In re Westerhoff v. Slind
  688 F.2d 62· 8th Cir.· 1982-09-13
  A party who has paid more than their proportionate share of an installment on a joint obligation may sue for contribution, even if they have not yet paid more than their proportionate share of the total indebtedness.
• Teague v. Alexander
  662 F.2d 79· D.C. Cir.· 1981-08-24
  The court held that the IRS's broad investigation into political dissidents, without a clear nexus to tax enforcement, impermissibly infringed upon First Amendment rights.
• In re the Est. of Lawrence Edward Odom v. Est. of Lawrence Edward Odom
  397 So. 2d 420· Fla. 2d DCA· 1981-04-24
  A mother sought to establish paternity of her out-of-wedlock child in probate court to secure inheritance rights from the deceased father's estate. The court reversed the trial court's dismissal, holding that a statutory action to determine paternity for inheritance purposes unde
• Del. State Bd. of Educ. v. Evans
  446 U.S. 923· U.S.· 1980-04-28
• United States v. Rent-A-Homes Sys. OF Ill., Inc.
  602 F.2d 795· 7th Cir.· 1979-08-06
  The Attorney General, in an action under 42 U.S.C. § 3613 to enforce the Fair Housing Act, cannot seek compensatory monetary damages for victims of discrimination, as the statute only authorizes "preventive relief" and "other order[s]" of an equitable nature.