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

• Columbia GAS Transmission Corp. v. Fed. Energy Regulatory Comm'n
  750 F.2d 105· D.C. Cir.· 1984-12-14 ·cited 20×
  The Federal Energy Regulatory Commission has broad discretion to fashion equitable remedies for natural gas paybacks, and its determination of the payback price will be affirmed if it has a rational basis, considering the equities and public interest.
• United States v. City OF Birmingham
  727 F.2d 560· 6th Cir.· 1984-02-08 ·cited 20×
  The court held that the City's interference with the development of low-income housing was racially motivated and affirmed the district court's judgment, modifying the injunction to prohibit conduct specifically because of race or discriminatory motive.
• Reuben Sarabia v. Toledo Police Patrolman's Ass'n
  601 F.2d 914· 6th Cir.· 1979-06-25 ·cited 20×
  The court held that the district court had the authority under the consent decree to suspend the 'rule of three' to effectuate the decree's affirmative action goals, and did not abuse its discretion in doing so.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×·via Claim For Equitable Relief
• Affiliated Hosp. Prods., Inc. v. Merdel Game Mfg. Co.
  513 F.2d 1183· 2d Cir.· 1975-03-31 ·cited 20×
  The court held that Merdel's use of the word 'Carom' did not warrant rescission of the parties' agreement, and that Merdel did not infringe Affiliated's trademarks or copyright.
• Burton v. Cascade Sch. Dist. Union High Sch. NO. 5
  512 F.2d 850· 9th Cir.· 1975-03-28 ·cited 20×
  The dissenting judge argues that reinstatement is the appropriate remedy for a constitutional violation, even for a non-tenured teacher, and that a monetary award is insufficient to vindicate the employee's rights.
• Aldena English v. Town OF Huntington
  448 F.2d 319· 2d Cir.· 1971-08-26 ·cited 20×
  The court held that the denial of preliminary relief was improper, and the case should be remanded for specific findings regarding class action status and the town's housing policies.
• Gordon v. Jefferson Davis Parish Sch. Bd.
  446 F.2d 266· 5th Cir.· 1971-06-28 ·cited 20×
  The court held that the district court failed to make adequate findings of fact and conclusions of law regarding the racial motivation behind school closures.
• Lankenau v. Coggeshall & Hicks
  350 F.2d 61· 2d Cir.· 1965-07-23 ·cited 20×·via Equitable Powers Of Federal Courts
  A federal court, having appointed a receiver for a defendant's assets ancillary to an action under federal law, has the discretion to stay enforcement of a state court attachment, even if the attachment was levied before the receiver's appointment, if doing so is necessary to pro
• Straley v. Universal Uranium & Milling Corp.
  289 F.2d 370· 9th Cir.· 1961-04-19 ·cited 20×
  The equitable defense of laches is not available against a claim for money damages under Section 12(1) of the Securities Act of 1933, as the remedy sought is legal in nature. However, other defenses like waiver and estoppel may apply.
• United Fuel Gas Co. v. Columbian Fuel Corp.
  165 F.2d 746· 4th Cir.· 1948-01-05 ·cited 20×
  The federal court has jurisdiction to enforce an arbitration award, and the award is valid even if arbitrators considered evidence from adjoining counties to determine market value.
• MAS v. Coca-Cola Co.
  163 F.2d 505· 4th Cir.· 1947-08-20 ·cited 20×
  A plaintiff seeking a patent through an equitable suit under R.S. 4915 will be denied relief if they have engaged in fraudulent conduct, such as forgery and perjury, related to the very matter in controversy, regardless of the defendant's conduct.
• Governor Clinton Co., Inc. v. Knott at al.
  120 F.2d 149· 2d Cir.· 1941-06-04 ·cited 20×·via Equitable Decree
  The court held that payments made to fiduciaries from the debtor's estate, even without direct proof of loss or intent to defraud, are recoverable due to the breach of fiduciary duty and fraud upon the court.
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Rutherford v. Crosby
  438 F.3d 1087· 11th Cir.· 2006-01-30 ·cited 19×
  The district court correctly dismissed the petitioner's complaint for lack of jurisdiction, finding it to be the functional equivalent of a successive habeas corpus petition. The court also denied the application for a stay of execution, concluding that the petitioner had unduly
• JM Fam. Enters., Inc. v. Freeman
  758 So. 2d 1175· Fla. 4th DCA· 2000-05-03 ·cited 19×
  The Fourth District Court of Appeal reversed the denial of a motion to dismiss a complaint seeking a pure bill of discovery. The court held that pre-suit discovery should not be available merely to allow parties to investigate potential claims before filing suit, as modern libera
• Mobil Oil Corp. v. Dade Cnty. Esoil Mgmt. Co.
  982 F. Supp. 873· S.D. Fla.· 1997-10-29 ·cited 19×
  The court held that the defendants' motions to dismiss were denied because the plaintiff's complaint sufficiently stated claims for fraud, misrepresentation, breach of contract, and other causes of action, and the economic loss doctrine did not bar these claims.
• Walther v. Lone Star GAS Co.
  952 F.2d 119· 5th Cir.· 1992-01-30 ·cited 19×
  The court held that sufficient evidence supported the jury's verdict of age discrimination and affirmed the denial of a new trial, but vacated the award of front pay for reconsideration.
• Carter v. Orleans Parish Pub. Schs.
  725 F.2d 261· 5th Cir.· 1984-02-21 ·cited 19×
  The Rehabilitation Act provides a cause of action for individuals misclassified as handicapped, but this claim is dismissed because the alleged past misclassification does not present a current controversy for injunctive relief and damages require proof of intentional discriminat
• Ala. Hosp. Ass'n v. Beasley
  702 F.2d 955· 11th Cir.· 1983-04-14 ·cited 19×
  The court held that the state's Medicaid reimbursement plan's failure to account for patients receiving an inappropriate level of care was an error requiring reversal and remand, but other alleged errors were harmless.
• Nat'l Am. Corp. v. Fed. Republic OF Nigeria & Cent. Bank of Nigeria
  597 F.2d 314· 2d Cir.· 1979-03-30 ·cited 19×
  The court held that reformation is not appropriate when a written agreement accurately reflects the parties' intent, even if that intent was induced by fraud or misrepresentation regarding external facts.
• Citizens Bank & Tr. Co. v. Grey
  130 So. 274· Fla.· 1930-10-21 ·cited 19×·via Equitable Decree
  Citizens Bank & Trust Co. sought to foreclose a mortgage allegedly executed by the Greys in October 1925 and assigned to the bank as trustee. The trial court dismissed the bill after the Greys withdrew their demurrer, relying on their answer's denials and affirmative defenses reg
• Ackley v. Noggle
  97 Fla. 640· Fla.· 1929-04-25 ·cited 19×
  The Florida Supreme Court reversed a lower court's decision that dismissed a lawsuit. The court held that a plaintiff could sue in special assumpsit (an action at law) to recover mortgage payments he made after the defendants assumed the mortgage in their deed, establishing that
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  A conveyance of all a debtor's property for a price substantially below fair market value, made by a debtor in financial distress to a relative with knowledge of the debtor's inability to pay existing creditors, constitutes constructive fraud against creditors even without proof
• In & for New Castle Cnty. Greg Jacobson
  Del. Ch.· 1999-11-15 ·cited 18×
  The Court of Chancery granted summary judgment in favor of the defendants on claims for collection, conversion, and books and records demand. However, the court denied summary judgment on claims for specific performance, accounting, breach of fiduciary duty, and breach of contrac
• Kranz v. Kranz
  737 So. 2d 1198· Fla. 5th DCA· 1999-07-23 ·cited 18×·via Equitable Decree
  This Florida appellate case reviews a final divorce judgment dissolving the marriage of Jane and David Kranz. While affirming the dissolution itself and denying attorney's fees, the court reverses and remands on multiple issues due to numerous unsupported factual findings, partic
• Hutchinson v. Kimzay OF Fla., Inc.
  637 So. 2d 942· Fla. 5th DCA· 1994-05-27 ·cited 18×
  A landlord appealed orders granting temporary injunctions that prevented him from pursuing eviction and claiming damages against his tenant over a lease rent dispute. The Florida appellate court reversed both injunctive orders, finding they failed to comply with the procedural re
• Odessa L. Reeves v. Claiborne Cnty. Bd. OF Educ.
  828 F.2d 1096· 5th Cir.· 1987-10-05 ·cited 18×
  The court held that a public employee's truthful testimony in a civil lawsuit, even if neutral, constitutes protected speech under the First Amendment, and retaliation for such testimony warrants back pay and reinstatement.
• First Nat'l Bank OF Waukesha v. Warren
  796 F.2d 999· 7th Cir.· 1986-07-24 ·cited 18×
  The court held that mandamus is an appropriate remedy to review the denial of a jury trial, despite the general rule that mandamus is an extraordinary writ.
• Wilderness Country Club P'ship, Ltd. v. Groves
  458 So. 2d 769· Fla. 2d DCA· 1984-03-02 ·cited 18×
  The court held that the rent escalation clause was unenforceable under Florida Statutes and that the entire sublease should be rescinded because the clause was not severable from the rest of the agreement.
• Louis v. Nelson
  544 F. Supp. 1004· S.D. Fla.· 1982-06-29 ·cited 18×
  The court held that the INS's policy of detaining Haitian nationals pending admission was adopted in violation of the Administrative Procedure Act and ordered their release on parole, while also finding no discrimination based on race or national origin.
• Rudisell v. The Fifth Third Bank
  622 F.2d 243· 6th Cir.· 1980-05-20 ·cited 18×
  The court held that a potential mechanic's lien constitutes a security interest under TILA, requiring disclosure, and that the right to rescind is not barred by the statute of limitations for damages. However, rescission is conditioned on the debtor returning the reasonable value
• Morrilton Sch. Dist. NO. 32 v. United States
  606 F.2d 222· 8th Cir.· 1979-08-30 ·cited 18×·via Equitable Powers Of Federal Courts
  The court held that the district court correctly found unlawful segregation and that interdistrict relief was appropriate and necessary to remedy the constitutional violation caused by racially motivated school district consolidations. The court affirmed the consolidation but mod
• The Valley Nat'l Bank OF Ariz. v. Tr. FOR Westgate-California Corp.
  609 F.2d 1274· 9th Cir.· 1979-05-30 ·cited 18×
  The court affirmed the Reorganization Court's approval of the merger, finding no reversible error regarding Fifth Amendment claims, statutory violations, disclosure adequacy, or fiduciary duties.
• Duncan Props., Inc. v. KEY Largo Ocean View, Inc.
  360 So. 2d 471· Fla. 3d DCA· 1978-07-11 ·cited 18×
  The court held that rescission is not available for a mere failure of consideration when an adequate remedy at law for damages exists, even if it involves a dependent covenant.
• Spangler v. Pasadena City Bd. OF Educ.
  519 F.2d 430· 9th Cir.· 1975-05-05 ·cited 18×
  The court held that the district court erred by equating de facto and de jure segregation and failing to consider whether foreseeable racial imbalance upon dissolution of the injunction is attributable to intentionally segregative actions of the school district.
• Barnett Bank OF Clearwater, N.A. v. Folsom
  306 So. 2d 186· Fla. 2d DCA· 1975-01-15 ·cited 18×·via Equitable Relief From Judgment
  Barnett Bank sought to enforce a judgment against Chester E. Johnson obtained through substituted service on his wife. The court held that compliance with Florida's substituted service statute is effective even when the defendant never actually received notice, rejecting the argu
• Morrow v. Giles W. Crisler
  479 F.2d 960· 5th Cir.· 1973-04-18 ·cited 18×
• Fortenberry v. Mandell
  271 So. 2d 170· Fla. 4th DCA· 1972-08-31 ·cited 18×
  Fortenberry v. Mandell addresses the elements of proof required for legal subrogation when a property owner pays another party's debt to protect their security interest. The appellate court reversed the trial court's judgment for defendants and held that the plaintiffs, as fee ow
• Holt v. City OF Richmond
  459 F.2d 1093· 4th Cir.· 1972-05-03 ·cited 18×
  The court held that the district court did not abuse its discretion in fashioning relief by ordering a new election of council members to address the violation of fifteenth amendment rights caused by the annexation settlement.
• Walker v. Cont'l Life & Accident Co.
  445 F.2d 1072· 9th Cir.· 1971-06-23 ·cited 18×
  The court affirmed the district court's judgment regarding commercial frustration and statute of limitations, but affirmed the denial of pre-judgment interest from the date of loss, finding it discretionary in equitable actions.
• Bd. OF Educ. OF Indep. Sch. Dist. 89 v. York
  429 F.2d 66· 10th Cir.· 1970-07-29 ·cited 18×·via Equitable Powers Of Federal Courts
  The court affirmed the injunctive orders and contempt adjudications but reduced the fines imposed on the parents, finding the original penalties harsh and excessive.
• Tonkovich v. S. Fla. Citrus Indus., Inc.
  185 So. 2d 710· Fla. 2d DCA· 1966-04-20 ·cited 18×·via Equitable Rescission
  The Tonkovichs purchased citrus grove land in Florida from South Florida Citrus Industries based on oral representations that the land had planted trees, but discovered the land lacked trees and the location differed from what was shown to them. The court reversed summary judgmen
• McDONALD v. Everette E. Connell and Dean T. Davis
  158 So. 2d 780· Fla. 2d DCA· 1963-12-18 ·cited 18×·via Equitable Rescission
  McDonald purchased a contract for 25,000 boxes of Valencia oranges from fruit dealers Connell and Davis, with the understanding that a list of specific groves would be provided and made part of the contract. When the defendants failed to deliver fruit from the listed groves and s
• Standard OIL Co. OF Tex. v. Lopeno GAS Co.
  240 F.2d 504· 5th Cir.· 1957-01-16 ·cited 18×
  A contract for the sale of gas, even if lacking initial mutuality, can be enforced if there has been part performance, and the contract language is clear and unambiguous regarding its scope, even if subsequent events make the bargain appear harsh.
• Cook v. Cora B. Adams (R. Lee Freeman
  89 So. 2d 6· Fla.· 1956-07-25 ·cited 18×
  An elderly woman deeded her property to the Cooks in exchange for a promise to provide her with a home and lifetime support. The Cooks failed to provide adequate care and support, remaining mostly absent in Indiana. The Florida Supreme Court affirmed the trial court's decision to
• Citizens Banking Co. v. Monticello State Bank
  143 F.2d 261· 8th Cir.· 1944-06-14 ·cited 18×
  The court held that the trial court had jurisdiction over the class action and that the petition sufficiently stated a cause of action for breach of trust.
• Brigham v. Brigham
  11 So. 3d 374· Fla. 3d DCA· 2009-02-25 ·cited 17×
  Edward Brigham and other appellants challenged the trial court's judgment dismissing their claims against Dana and Patricia Brigham, who as trustees transferred the multi-million dollar Brigham Tree Farms Property to Dana individually without court approval or proper written auth
• Donald LAW v. Ernst & Young
  956 F.2d 364· 1st Cir.· 1992-02-12 ·cited 17×·via Equitable Relief Under Erisa
  The court held that a participant's estoppel claim under ERISA is not actionable if it seeks to modify the plan rather than enforce a plausible interpretation, and that Arthur Young could be treated as a plan administrator for statutory penalty purposes.
• Harris v. Sentry Title Co., Inc.
  715 F.2d 941· 5th Cir.· 1983-09-26 ·cited 17×
  The court held that the facts did not support the imposition of a constructive trust under Texas law because there was no prior, unrelated history of close dealings between the parties and no unjust enrichment.