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

• Expeditions Unlimited Aquatic Enters., Inc. v. Smithsonian Inst.
  500 F.2d 808· D.C. Cir.· 1974-06-26 ·cited 46×·via Equitable Relief From Judgment
  A trial court may vacate and re-enter a judgment under Rule 60(b) to allow a timely appeal when neither party had actual notice of the judgment's entry, the winning party is not prejudiced, and the losing party moves promptly after learning of the judgment.
• Hard Candy, LLC v. Anastasia Beverly Hills, Inc.
  921 F.3d 1343· 11th Cir.· 2019-04-23 ·cited 45×
  Hard Candy, a cosmetics company, sued Anastasia Beverly Hills for trademark infringement after Anastasia used "hard candy" as a descriptor for a makeup shade in its Gleam Glow Kit. The Eleventh Circuit held that a plaintiff seeking only an accounting and disgorgement of a defenda
• Meba Med. & Benefits Plan & Allen Szymczak v. Lago
  867 So. 2d 1184· Fla. 4th DCA· 2004-03-03 ·cited 45×·via Equitable Relief Under Erisa
  MEBA Medical & Benefits Plan sued beneficiary Tracey Lago for breach of a subrogation and reimbursement agreement requiring her to repay over $70,000 in medical benefits paid after a 1996 automobile accident. The Florida Fourth District Court of Appeal held that ERISA preempts ME
• Wieczoreck v. H & H Builders, Inc.
  475 So. 2d 227· Fla.· 1985-08-30 ·cited 45×
  The Florida Supreme Court resolved a conflict in its precedent regarding the standard of proof required to establish fraud. The Court held that fraud must be proven by a preponderance of the evidence, not clear and convincing evidence, whether the action is at law or in equity.
• Fletcher v. Williams
  153 So. 2d 759· Fla. 1st DCA· 1963-05-21 ·cited 45×
  The Florida District Court of Appeal reversed a trial court's dismissal of a complaint seeking enforcement of an alleged parol agreement whereby the Fletchers promised to gift land to the Fletchers in exchange for care and services. The court held that the statute of frauds is an
• McMillan v. Godfrey S. Warren
  59 Fla. 578· Fla.· 1910-01-01 ·cited 45×
  In this equity suit for materialman's lien, the Florida Supreme Court affirmed a decree holding defendants liable for construction work and materials provided on the plaintiff's property. The court upheld the trial judge's discretionary rulings on procedural matters and the maste
• The Trs. of the Internal Improvement Fund v. Bailey
  10 Fla. 112· Fla.· 1862-01-01 ·cited 45×
  The Florida Supreme Court held that the 1855 Internal Improvement Act created a binding contract pledging a state fund to specific rail and canal projects, and that subsequent legislation cannot divert those funds to other purposes without violating bondholder rights. A bondholde
• Arsali v. Chase Home Fin. LLC
  121 So. 3d 511· Fla.· 2013-07-11 ·cited 44×
  The Florida Supreme Court held that proof of inadequate bid price is not a necessary requirement to set aside a judicial foreclosure sale, clarifying that Brown and Arlt precedents are harmonious rather than conflicting. The Court affirmed the trial court's vacation of a foreclos
• Ruth v. Dep't OF Legal Affairs
  684 So. 2d 181· Fla.· 1996-11-27 ·cited 44×
  The Florida Supreme Court addressed whether a circuit court with personal jurisdiction over a defendant in a civil RICO forfeiture action, but lacking in rem jurisdiction over the real property at issue, may determine rights to that property and enter a forfeiture judgment. The C
• Rich v. Ryals
  212 So. 2d 641· Fla.· 1968-07-02 ·cited 44×
  The Florida Supreme Court held that a 1963 statute authorizing injunctions for zoning violations is constitutional, rejecting the District Court's conclusion that it unconstitutionally mandates judicial action. The Court ruled that a complaint alleging mere violation of zoning or
• Shambaugh v. Scofield
  132 F.2d 345· 5th Cir.· 1942-12-15 ·cited 44×·via Equitable Relief (Injunction)
  The court held that waivers submitted with compromise offers were sufficient to extend the statute of limitations, and that Texas homesteads are not exempt from federal income tax collection. Therefore, injunctive relief was not warranted.
• Battle v. Butler
  138 Fla. 392· Fla.· 1939-06-02 ·cited 44×
  Annie Grace Battle sought specific performance of an alleged oral contract with C.C. Butler whereby, in exchange for leaving her natural parents to live with the Butlers as their daughter, Butler promised to devise her a child's share of his estate. The Florida Supreme Court affi
• U.S. Bank Nat'l Ass'n v. Bartram
  140 So. 3d 1007· Fla. 5th DCA· 2014-04-25 ·cited 43×
  U.S. Bank appealed a summary judgment that cancelled its mortgage and note against Bartram based on the statute of limitations following dismissal of an earlier foreclosure action. The Fifth District Court of Appeal reversed, holding that a new default occurring after dismissal o
• In re Little Creek Dev. Co. v. Commonwealth Mortg. Corp.
  779 F.2d 1068· 5th Cir.· 1986-01-03 ·cited 43×
  The court held that the bankruptcy court's finding of 'cause' to lift the automatic stay, based solely on counsel's remarks about escaping a bond requirement, was not sufficiently supported by evidence and required remand.
• Mrs. Fannie Lou Hamer v. Campbell
  358 F.2d 215· 5th Cir.· 1966-03-11 ·cited 43×·via Equitable Powers Of Federal Courts
  The court held that a Negro citizen denied the right to vote due to discriminatory registration practices and poll tax requirements has standing to bring a class action to enjoin a municipal election, and that the district court erred in failing to do so.
• Murphy v. Hohne
  73 Fla. 803· Fla.· 1917-03-31 ·cited 43×
  Specific performance of a contract for the sale of real estate is not a matter of right but a matter of sound judicial discretion, and a court will not grant specific performance in part where the defendant's spouse holds an uncontemplated dower interest that cannot be conveyed w
• Hibiscus Assocs. Ltd. v. Bd. OF Trs. OF the Policemen & Firemen Ret. Sys. OF the City OF Detroit
  50 F.3d 908· 11th Cir.· 1995-04-20 ·cited 42×
  The Eleventh Circuit reversed the district court's grant of judgment notwithstanding the verdict (JNOV) and new trial on the rescission claim, holding that Florida law permits rescission for breach of a dependent covenant that goes to the heart of a contract, and that substantial
• Huie v. Bowen
  788 F.2d 698· 11th Cir.· 1986-05-05 ·cited 42×·via Equitable Powers Of Federal Courts
  The court held that the district court had jurisdiction to award retroactive benefits pending reconsideration under the Social Security Disability Benefits Reform Act of 1984, and that such an award was proper.
• Oldham v. Eldin J. Ehrlich
  617 F.2d 163· 8th Cir.· 1980-03-12 ·cited 42×·via Claim For Equitable Relief
  The court held that a substantial constitutional claim provided federal jurisdiction for pendent statutory claims, and that attorneys' fees under 42 U.S.C. § 1988 should not be reduced because the attorneys worked for a legal aid organization.
• Kwatcher v. Mass. Serv. Emps. Pension Fund
  879 F.2d 957· 1st Cir.· 1989-07-05 ·cited 41×·via Equitable Restitution
  A sole shareholder who owns and controls a corporation is considered an 'employer' under ERISA and is therefore ineligible to participate in an ERISA-regulated pension plan. Employers do not have an implied right of action to recover mistaken contributions.
• Schisler v. Heckler
  787 F.2d 76· 2d Cir.· 1986-04-02 ·cited 41×·via Equitable Powers Of Federal Courts
  The court affirmed the inclusion of the contested group within the class but reversed the denial of injunctive relief regarding the treating physician rule and notice improvements, remanding for further proceedings.
• Fed. Trade Comm'n v. H. N. Singer, Inc.
  668 F.2d 1107· 9th Cir.· 1982-02-26 ·cited 41×
  The court held that the district court had the authority to issue a preliminary injunction, including an asset freeze, under Sections 13(b) and 19 of the FTC Act, and that the modified order compelling production of documents did not violate the Fifth Amendment privilege against
• Wiley L. Bolden v. City OF Mobile
  571 F.2d 238· 5th Cir.· 1978-03-29 ·cited 41×
• Rybovich Boat Works, Inc. v. Atkins
  585 So. 2d 270· Fla.· 1991-08-22 ·cited 40×
  The Florida Supreme Court held that a time-barred claim for specific performance of a real property contract cannot be maintained as a compulsory counterclaim, distinguishing the holding in Allie v. Ionata (which permitted time-barred counterclaims for money damages) based on pub
• K-Mart Corp. v. Oriental Plaza, Inc.
  875 F.2d 907· 1st Cir.· 1989-05-10 ·cited 40×
  The court held that the landlord's construction of retail buildings in violation of the lease constituted a breach, and that injunctive relief was appropriate due to irreparable harm to the tenant's goodwill and property rights.
• Evans v. Buchanan
  582 F.2d 750· 3d Cir.· 1978-07-24 ·cited 40×
  The court held that the district court did not abuse its discretion in rejecting the State Board's proposed desegregation plan and adopting its own plan, as the State's plan was inequitable and failed to address the constitutional violations effectively.
• Equal Emp. Opportunity Comm'n v. Local 638 ... Local 28 OF the Sheet Metal Workers' Int'l Ass'n & Local 28 Joint Apprenticeship Comm.
  532 F.2d 821· 2d Cir.· 1976-03-08 ·cited 40×
  The court concurred in the result, but the concurring opinion questioned the legality of racial quotas under Title VII.
• K-2 SKI Co. v. Head SKI Co., Inc.
  506 F.2d 471· 9th Cir.· 1974-10-29 ·cited 40×·via Equitable Powers Of Federal Courts
  The court held that the award of attorney's fees was improper, and remanded the issues of the injunction's duration and damages for further consideration by the trial court.
• United States v. City OF Parma
  661 F.2d 562· 6th Cir.· 1981-10-14 ·cited 39×
  The court held that compelling a municipality to adopt a welcoming resolution and undertake a public advertising campaign to promote a particular racial attitude violates the First Amendment.
• Martinez v. Balbin
  76 So. 2d 488· Fla.· 1954-12-17 ·cited 39×
  The Florida Supreme Court reviewed an appeal from a dismissal of a creditor's bill. The court held that the alleged transferees of the debtor's inheritance were indispensable parties who must be joined in the suit to determine the validity of the transfer and impress a trust on t
• Kroese v. Gen. Steel Castings Corp.
  179 F.2d 760· 3d Cir.· 1950-01-31 ·cited 39×
  A majority of a corporation's directors are not indispensable parties to a shareholder's action to compel the declaration of dividends if the court can fashion a remedy against the corporation itself.
• United States v. Local 560 OF the Int'l Bhd. OF Teamsters
  780 F.2d 267· 3d Cir.· 1985-12-26 ·cited 38×
  The court held that the district court abused its discretion by admitting newspaper articles and biased survey testimony, as insufficient foundations were laid to prove readership and representative opinion, respectively.
• Taylor v. Perini
  503 F.2d 899· 6th Cir.· 1974-10-03 ·cited 38×·via Equitable Powers Of Federal Courts
  The court held that the Eleventh Amendment bars suits against the State and its superintendent, and that the Attorney General cannot waive sovereign immunity. Personal liability for the superintendent requires a finding of bad faith.
• Semancik v. United Mine Workers OF Am. Dist. #5
  466 F.2d 144· 3d Cir.· 1972-08-16 ·cited 38×·via Equitable Powers Of Federal Courts
  A union's disciplinary provision that is vague and infringes upon members' free speech rights under the LMRDA can be permanently enjoined by a district court.
• Barbra Cohen v. W. Haven Bd. OF Police Comm'rs
  638 F.2d 496· 2d Cir.· 1980-12-23 ·cited 37×
  The court held that backpay is an available remedy under the Revenue Sharing Act and that the district court erred in denying it based on the plaintiffs' failure of a subsequently developed test. The court also held that the district court erred in its calculation and explanation
• Vandervoort v. Vandervoort
  277 So. 2d 43· Fla. 3d DCA· 1973-04-24 ·cited 37×·via Equitable Decree
  In a consolidated appeal from a divorce case involving property division of a horse-breeding partnership, the court affirmed the trial court's adoption of a special master's report determining the partnership commenced in 1970 rather than 1961, but reversed a subsequent order tha
• Hunt v. Bankers Tr. Co.
  799 F.2d 1060· 5th Cir.· 1986-09-15 ·cited 36×·via Equitable Powers Of Federal Courts
  The court held that it had jurisdiction to hear the appeal, denied the request for a stay, dismissed the appeal for lack of merit, and directed the transfer of bankruptcy cases to the Northern District of Texas.
• King Mountain Condo. Ass'n, Inc. v. Gundlach
  425 So. 2d 569· Fla. 4th DCA· 1982-12-15 ·cited 36×
  A condominium association and unit owners challenged a 99-year recreation lease and sought damages from developer-appointed initial officers and directors for alleged unjust enrichment through self-dealing. The court held that the claim for disgorgement of secret profits obtained
• Bradley v. Milliken
  540 F.2d 229· 6th Cir.· 1976-08-04 ·cited 36×
  The court affirmed the district court's student assignment plan for Detroit schools, except for its failure to address three central regions, which requires remand.
• Swann v. Charlotte-Mecklenburg Bd. OF Educ.
  431 F.2d 138· 4th Cir.· 1970-05-26 ·cited 36×
  The court held that the Charlotte-Mecklenburg Board of Education is not constitutionally obligated to provide busing for the purpose of achieving racial balance in its public schools.
• Sperling v. Davie
  41 So.2d 318· Fla.· 1949-06-28 ·cited 36×
  This case involves a dispute over the sale of real property where the sellers entered into two contracts for the same property. The court affirmed a decree for specific performance for the first buyer, finding the second buyer had knowledge of the prior contract and acted fraudul
• Rutherford v. McDONOUGH
  466 F.3d 970· 11th Cir.· 2006-10-05 ·cited 35×
  The Eleventh Circuit affirmed the district court's dismissal of Arthur Rutherford's § 1983 lawsuit challenging Florida's three-drug lethal injection protocol. Despite the Supreme Court's decision in Hill v. McDonough, which rendered one of the district court's dismissal grounds i
• Nat'l Wildlife Fed'n v. Burford
  835 F.2d 305· D.C. Cir.· 1987-12-11 ·cited 35×
  The court held that the district court abused its discretion by rejecting the exhaustion defense and that the preliminary injunction was improperly granted.
• George Vining & Sons, Inc. v. Farida R. Jones
  498 So. 2d 695· Fla. 5th DCA· 1986-12-18 ·cited 35×
  The appellate court dismissed an appeal from a trial court's order striking a defendant's untimely response to a petition to enforce a stipulation, finding the underlying "final judgment on stipulation" invalid as it was not a final judgment and exceeded the court's subject matte
• Bennett v. Bennett
  682 F.2d 1039· D.C. Cir.· 1982-07-23 ·cited 35×·via Equitable Powers Of Federal Courts
  The court held that federal courts can enforce state custody decrees and that a party should not be forced to waive injunctive relief to proceed in federal court.
• Paragon Energy Corp. v. The United States
  645 F.2d 966· Ct. Cl.· 1981-04-08 ·cited 35×·via Claim For Equitable Relief
  The court held that a claim for equitable reformation of a contract due to a unilateral bid mistake, based on established equitable principles, constitutes a cognizable claim under the Contract Disputes Act, even if such mistakes are also remediable under Public Law 85-804.
• Alva Ramey and Wanda L. Ramey v. Thomas
  382 So. 2d 78· Fla. 5th DCA· 1980-03-12 ·cited 35×·via Equitable Relief From Judgment
  The Florida appellate court reversed the trial court's adoption judgment and remanded the case because the paternal grandparents and their attorney failed to disclose material facts—including prior adoption proceedings, a negative family services report, and the maternal grandpar
• Byram Concretanks, Inc. v. Warren Concrete Prods. Co. OF N. J.
  374 F.2d 649· 3d Cir.· 1967-02-27 ·cited 35×·via Equitable Powers Of Federal Courts
  In the absence of specific legislative authorization, attorneys' fees may not be awarded to defendants in private anti-trust litigation.
• Dimarzo v. Cahill
  575 F.2d 15· 1st Cir.· 1978-05-02 ·cited 34×·via Equitable Powers Of Federal Courts
  The Commissioner of Correction is responsible for unconstitutional jail conditions due to failure to promulgate and enforce minimum standards, and the district court's equitable remedies, including the threat of closure and ordering additional staff, were appropriate.
• Smith v. Sheriff Mike Sullivan
  553 F.2d 373· 5th Cir.· 1977-05-19 ·cited 34×
  The court held that while a district court has broad equitable powers to remedy constitutional violations in jail conditions, it cannot interfere with the budgetary authority of the Commissioner's Court regarding personnel pay scales. The court affirmed most of the district court