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

• Friend v. LEE
  221 F.2d 96· D.C. Cir.· 1955-03-17 ·cited 24×·via Equitable Powers Of Federal Courts
  The court held that the plaintiff presented a prima facie case of arbitrary and unreasonable restrictions on his business operations, entitling him to a hearing on his claim for injunctive relief.
• Edmun Realty Corp. & A. E. Munyer v. Kearns
  158 Fla. 558· Fla.· 1947-01-28 ·cited 24×
  Edmun Realty Corporation and A. E. Munyer appeal a chancellor's denial of their motion to dismiss a bill of complaint seeking specific performance for the sale of real estate. The Florida Supreme Court reverses, holding that the plaintiff's allegations fail to establish an enforc
• Bellamy v. the Sheriff of Jackson Cnty.
  6 Fla. 62· Fla.· 1855-01-01 ·cited 24×
  The trust deed of November 1844 was valid between the parties and included the mortgaged slaves and land by virtue of the general language 'all his personal effects of every name, nature and description' and the reference to 'future cotton crops made on said plantation,' which ne
• Schroeder v. Gerhart
  825 So. 2d 442· Fla. 5th DCA· 2002-07-19 ·cited 23×
  The Florida Fifth District Court of Appeal affirmed a trial court's reformation of an inter vivos trust after the settlor's death to correct a drafting error. The court held that a trust with testamentary aspects may be reformed after the settlor's death upon clear and convincing
• Kolski v. Kolski
  731 So. 2d 169· Fla. 3d DCA· 1999-05-12 ·cited 23×
  A mother-in-law sued her daughter-in-law to recover a $40,000 loan made to purchase a mortuary business, alleging unjust enrichment, restitution, constructive trust, and reformation claims. The trial court dismissed the complaint under the statute of frauds and for failing to sta
• Hunt v. Hawthorne Assocs., Inc.
  119 F.3d 888· 11th Cir.· 1997-08-05 ·cited 23×·via Equitable Relief Under Erisa
  Harry Hunt, a retired Eastern Air Lines pilot, sought to recover a lump-sum retirement benefit under the Eastern Air Lines Variable Benefit Retirement Plan for Pilots. Eastern, the Plan's administrator, had refused to pay the benefit after the Plan was amended during Eastern's ba
• Hall v. Humana Hosp. Daytona Beach
  686 So. 2d 653· Fla. 5th DCA· 1996-12-06 ·cited 23×
  Former patients of Humana Hospital sought recovery for alleged overcharges on pharmaceuticals, medical supplies, and laboratory services through claims for money had and received based on imposition and unjust enrichment. The appellate court affirmed summary judgment for Humana r
• Circle Mortg. Corp. v. Kline
  645 So. 2d 75· Fla. 4th DCA· 1994-11-09 ·cited 23×
  Circle Mortgage Corporation sought reformation of a mortgage containing a clerical error regarding the interest rate change date, along with damages for breach of a compliance agreement. The trial court granted reformation but denied damages, and the appellate court affirmed, hol
• NEW ERA Publ'ns Int'l v. Henry Holt & Co., Inc.
  873 F.2d 576· 2d Cir.· 1989-04-19 ·cited 23×
  The court affirmed the denial of an injunction, but the concurring opinion disagreed with the majority's broad interpretation of fair use, particularly concerning unpublished works.
• The Republic OF THE Philippines v. Ferdinand E. Marcos
  862 F.2d 1355· 9th Cir.· 1988-12-01 ·cited 23×
• Williams v. City OF Dothan
  818 F.2d 755· 11th Cir.· 1987-06-05 ·cited 23×
  The court held that the district court erred in reconsidering issues previously decided under the law of the case doctrine and that the city's assessment project had a discriminatory effect violating a prior court order.
• McKINNEY v. Gannett Co., Inc.
  817 F.2d 659· 10th Cir.· 1987-04-29 ·cited 23×
  The court held that the district court did not err in applying the clearly erroneous standard of review because the jury's verdict was advisory, and Gannett was not entitled to a jury trial as of right.
• Equal Emp. Opportunity Comm'n v. Massey-Ferguson, Inc.
  622 F.2d 271· 7th Cir.· 1980-05-13 ·cited 23×
  The court held that genuine issues of material fact existed regarding prejudice, making summary judgment improper, and remanded the case for an evidentiary hearing on prejudice.
• Land v. Roper Corp.
  531 F.2d 445· 10th Cir.· 1976-01-19 ·cited 23×
  The court held that reliance is a necessary element for breach of express warranty under Kansas law, and that the trial court did not err in submitting factual issues to the jury or in its jury instructions.
• City of Coral Gables v. State Ex Rel. Worley
  44 So.2d 298· Fla.· 1950-02-10 ·cited 23×
  The Florida Supreme Court reversed a lower court's decision, holding that mandamus was not the proper remedy to challenge the constitutionality of a zoning ordinance. The court found that while mandamus can compel ministerial acts, challenging the validity of an ordinance based o
• Douglas Props. v. Stix
  118 Fla. 354· Fla.· 1935-01-30 ·cited 23×
  Charles H. Stix, as trustee for bondholders of a 1927 mortgage on Miami commercial property, brought a foreclosure suit against the fee owner (Douglas Properties), leaseholder (Flagler Street Company), and other parties. The Florida Supreme Court affirmed the trial court's appoin
• AC Holdings 2006, Inc. v. McCARTY
  985 So. 2d 1123· Fla. 3d DCA· 2008-05-28 ·cited 22×
  AC Holdings appeals a summary judgment for foreclosure of a $2 million purchase money mortgage based on alleged failure to obtain required hazard insurance by the contractual deadline. The court reverses, finding genuine issues of material fact precluded summary judgment, particu
• Joseph v. Chanin
  940 So. 2d 483· Fla. 4th DCA· 2006-10-04 ·cited 22×
  In this conversion case, the Fourth District Court of Appeal holds that a joint tenant may maintain a conversion action against a third-party recipient of funds wrongfully transferred from a joint bank account, provided the third party holds identifiable funds and refuses a deman
• Freeman v. First Union Nat'l Bank
  865 So. 2d 1272· Fla.· 2004-01-29 ·cited 22×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit, holding that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not create a cause of action for damages against aiders and abettors to fraudulent transfers who are not themselves transferees.
• Kusch v. Ballard
  645 So. 2d 1035· Fla. 4th DCA· 1994-11-09 ·cited 22×
• Frio ICE, S.A. v. Sunfruit, Inc.
  918 F.2d 154· 11th Cir.· 1990-11-30 ·cited 22×·via Equitable Powers Of Federal Courts
  Federal courts have jurisdiction under PACA to entertain injunctive actions by private parties to enforce payment from a statutory trust, and possess the authority to order segregation of trust assets to prevent dissipation.
• Plucinski v. I.A.M. Nat'l Pension Fund
  875 F.2d 1052· 3d Cir.· 1989-05-19 ·cited 22×·via Equitable Restitution
  An employer has a federal common law cause of action for equitable restitution of mistakenly paid pension contributions, but restitution may be denied if it would result in the underfunding of the pension plan.
• United States v. City OF Chicago
  870 F.2d 1256· 7th Cir.· 1989-03-15 ·cited 22×·via Equitable Decree
  The court held that the denial of intervention in the first suit (United States v. City of Chicago) was affirmed, but the denial of intervention in the second suit (Bigby v. City of Chicago) was reversed, allowing white female sergeants to intervene. The appeal from the judge's r
• Brooks v. Woodline Motor Freight, Inc.
  852 F.2d 1061· 8th Cir.· 1988-07-28 ·cited 22×
  The court held that the jury's finding of age discrimination was supported by sufficient evidence, but the award of punitive damages for the service letter violation was improper due to flawed jury instructions.
• Fed. Sav. & Loan Ins. Corp. v. Dixon
  835 F.2d 554· 5th Cir.· 1987-12-28 ·cited 22×
  A preliminary injunction freezing assets is permissible to secure equitable remedies like restitution, especially when the public interest is involved and the assets are alleged ill-gotten gains.
• In re Robinson v. McGUIGAN
  776 F.2d 30· 2d Cir.· 1985-10-29 ·cited 22×
  The court held that a criminal restitution obligation is a 'debt' under the Bankruptcy Code and is not automatically excepted from discharge, requiring creditors to file timely objections.
• Marathon Mfg. Co. v. Enerlite Prods. Corp.
  767 F.2d 214· 5th Cir.· 1985-08-05 ·cited 22×
  The court held that the district court's finding of a likelihood of confusion between Enerlite's "MARATHON 10" mark and Marathon Manufacturing Company's "MARATHON" trademark was not clearly erroneous, supporting the issuance of a permanent injunction.
• PAN Am. World Airways, Inc. v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  523 F.2d 1073· 9th Cir.· 1975-05-23 ·cited 22×·via Equitable Powers Of Federal Courts
• Wiladean R. Kuykendall v. Ervin G. Kuykendall
  301 So. 2d 466· Fla. 1st DCA· 1974-10-15 ·cited 22×·via Equitable Relief From Judgment
  In a dissolution of marriage case, the trial court vacated a final judgment that converted the parties' jointly-owned fish camp from tenancy by the entireties to tenancy in common. The appellate court reversed, holding that the appellee's mistaken understanding of the law and his
• Lewis v. Mill Ridge Coals, Inc.
  298 F.2d 552· 6th Cir.· 1962-01-31 ·cited 22×
  The court held that alleged misconduct by trustees of a union welfare fund does not constitute a failure of consideration that excuses operators' contractual obligation to pay royalties, nor does it support counterclaims for royalties already paid.
• Art Rogers v. Koons
  960 F.2d 301· 2d Cir.· 1992-04-02 ·cited 21×
  The court held that the sculptor's creation of a sculpture substantially similar to a copyrighted photograph, without authorization and without constituting a parody, constituted copyright infringement, and that fair use did not apply.
• Warren v. Soc'y Nat'l Bank
  905 F.2d 975· 6th Cir.· 1990-06-22 ·cited 21×·via Equitable Relief Under Erisa
  The court concurred that the bank failed to show entitlement to dismissal for failure to state a claim.
• Sellers v. Delgado Cmty. Coll. & State of La.
  839 F.2d 1132· 5th Cir.· 1988-03-18 ·cited 21×
  The court held that a Title VII claimant's duty to mitigate damages does not require them to remain in a non-comparable position, and that the magistrate erred in tolling back pay based on resignations from such positions.
• Robert (Bobby) Smith v. Bounds
  813 F.2d 1299· 4th Cir.· 1987-03-18 ·cited 21×·via Equitable Powers Of Federal Courts
  The court held that the district court did not abuse its discretion in ordering the establishment of a legal assistance program for inmates and in denying the defendants' motions for reconsideration.
• In re Special March 1981 Grand Jury. Appeal of Almond Pharmacy, Inc.
  753 F.2d 575· 7th Cir.· 1985-01-23 ·cited 21×
  The court held that while the district court erred in releasing grand jury records without notice to the owners, the pharmacies are not entitled to relief because they have adequate alternative remedies in state proceedings and the equitable relief sought is extraordinary.
• Stern v. Shouldice
  706 F.2d 742· 6th Cir.· 1983-04-15 ·cited 21×
  The court held that the appeal was timely filed. It affirmed the award of nominal damages, costs, and attorney's fees but reversed the award of back pay and prejudgment interest against the individual defendants.
• Great Coastal Express, Inc. v. Int'l Bhd. OF Teamsters
  675 F.2d 1349· 4th Cir.· 1982-04-12 ·cited 21×·via Equitable Relief From Judgment
  The court held that the company's actions, while reprehensible, did not constitute "fraud on the court" or support an independent action in equity for relief from the judgment, as the fraud primarily involved perjury and fabricated evidence between the parties rather than a direc
• REX v. CIA. Pervana de Vapores
  660 F.2d 61· 3d Cir.· 1981-09-17 ·cited 21×
  The Foreign Sovereign Immunities Act (FSIA) is unconstitutional insofar as it denies plaintiffs a jury trial in actions against foreign state-owned corporations engaged in commercial activities.
• First Nat'l State Bank OF NEW Jersey v. Commonwealth Fed. Sav. & Loan Ass'n of Norristown
  610 F.2d 164· 3d Cir.· 1979-12-03 ·cited 21×
  The court held that a permanent lender's refusal to close on a loan commitment due to alleged construction defects, when the defects were minor and the project was substantially complete, constituted a breach of contract, and specific performance was an appropriate remedy.
• Sperry Rand Corp. v. A-T-O
  447 F.2d 1387· 4th Cir.· 1971-09-07 ·cited 21×·via Equitable Relief (Injunction)
  The court held that while liability and injunctive relief were properly found, the calculation of monetary damages was flawed, requiring a remand for reassessment.
• Chapman v. Pollard and Dorothy M. Pollard
  244 So. 2d 154· Fla. 2d DCA· 1971-02-10 ·cited 21×·via Equitable Rescission
  Plaintiffs filed suit seeking rescission of a real property deed based on alleged fraud by a broker-defendant and obtained a lis pendens. The trial court required plaintiffs to post a $199,500 indemnity bond as a condition for maintaining the lis pendens. The appellate court reve
• United States v. United Steelworkers OF Am.
  271 F.2d 676· 3d Cir.· 1959-10-27 ·cited 21×
• Fraser v. United States (two cases)
  145 F.2d 139· 6th Cir.· 1944-10-03 ·cited 21×
  The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
• Barco Holdings, LLC v. Terminal Inv. Corp.
  967 So. 2d 281· Fla. 3d DCA· 2007-09-26 ·cited 20×
  Barco Holdings appeals four summary judgment orders arising from a complex dispute over Terminal Island property rights. The central issue was whether Bernuth Agencies could exercise a purchase option in its lease after failing to exercise a right of first refusal, and whether Be
• Duke v. Uniroyal Inc.
  928 F.2d 1413· 4th Cir.· 1991-04-01 ·cited 20×
  The court held that the jury's verdict on age discrimination was supported by substantial evidence, but the submission of front pay to the jury was improper, requiring an equity trial for that issue.
• Int'l Bhd. OF Boilermakers v. Local Lodge 714
  845 F.2d 687· 7th Cir.· 1988-04-22 ·cited 20×
  The court held that a trusteeship may be validly imposed for financial malpractice, but a remand is necessary to determine if the local had fewer than ten members, which could cause automatic disbandment and preclude trusteeship, and to further examine the international's purpose
• Castle v. Cohen
  840 F.2d 173· 3d Cir.· 1988-02-11 ·cited 20×
  The court affirmed the district court's grant of specific performance for the stock sale agreement but vacated the dismissal of the RICO counterclaim due to procedural error.
• Conklin v. Lovely
  834 F.2d 543· 6th Cir.· 1987-12-03 ·cited 20×
• Soltex Polymer Corp. v. Fortex Indus., Inc.
  832 F.2d 1325· 2d Cir.· 1987-11-03 ·cited 20×
  The court held that a district court did not abuse its discretion in ordering a disclaimer instead of an absolute injunction for trademark infringement when the likelihood of consumer confusion was minimal or moderate.
• Phillips v. Alan C. Kaplus & the Johnson Collection, Inc.
  764 F.2d 807· 11th Cir.· 1985-07-02 ·cited 20×
  The court held that the transaction did not involve a security under federal or Florida securities laws, and therefore reversed the award of attorneys' fees under the Florida Securities Act. It also affirmed the denial of a jury trial.