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

• Walters v. Marathon OIL Co.
  642 F.2d 1098· 7th Cir.· 1981-03-09 ·cited 17×
  The court held that lost profits are an appropriate measure of damages in a promissory estoppel case when the plaintiff reasonably relied on the promise and took reasonable steps to mitigate damages.
• Tallulah Morgan v. McDONOUGH
  540 F.2d 527· 1st Cir.· 1976-08-17 ·cited 17×
  The court held that the district court did not exceed its powers in appointing a temporary receiver and ordering staff transfers for South Boston High School due to severe desegregation violations and a breakdown in the educational environment.
• North v. Albee
  155 Fla. 515· Fla.· 1945-01-30 ·cited 17×
  The Florida Supreme Court held that executors of John Ringling's estate could pursue subrogation against F. H. Albee for funds the liquidator of Bank of Sarasota had arbitrarily taken from Ringling's deposits to pay Albee's share of a joint judgment, despite the action being file
• Sneeden v. City OF Marion
  64 F.2d 721· 7th Cir.· 1933-04-25 ·cited 17×
  The dissenting opinion argues that a bank's pledge of assets to secure public deposits is not against public policy in Illinois, even if not statutorily authorized, provided the bank is solvent and no fraud is involved. Furthermore, even if such a pledge is ultra vires, the bank
• Hansard Constr. Corp. v. Rite AID OF Fla., Inc.
  783 So. 2d 307· Fla. 4th DCA· 2001-03-28 ·cited 16×
  Hansard Construction and Jeffrey Burley appealed a jury trial judgment in a civil action involving a fraudulent transfer claim under Florida's Uniform Fraudulent Transfer Act. The Fourth District Court of Appeal affirmed the judgment, holding that the trial court properly submitt
• Crawford v. LA Boucherie Bernard Ltd.
  815 F.2d 117· D.C. Cir.· 1987-03-27 ·cited 16×
  ERISA authorizes a court to offset a party's interest in a plan against a judgment based on that party's breaches of fiduciary duty to the same plan, notwithstanding the statute's anti-alienation provisions.
• Brock v. Hudson
  494 So. 2d 285· Fla. 1st DCA· 1986-09-18 ·cited 16×
  A former wife appeals a trial court's order reducing child support arrearages based on the former husband's acquiescence defense. The appellate court reverses, holding that the facts did not establish the extraordinary circumstances necessary to excuse unpaid child support obliga
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×·via Equitable Powers Of Federal Courts
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• Virgie Lee Valley v. Rapides Parish Sch. Bd.
  702 F.2d 1221· 5th Cir.· 1983-03-30 ·cited 16×
  The court should have vacated the district court's order again and remanded with directions to limit relief to an appropriate remedy, as the district court failed to comply with the prior mandate.
• State OF Ohio v. Madeline Marie Nursing Homes # 1 & # 2
  694 F.2d 449· 6th Cir.· 1982-11-29 ·cited 16×·via Equitable Restitution
  The court held that the bankruptcy judge erred in issuing turnover orders against the State of Ohio, as the state likely possessed sovereign immunity under the Eleventh Amendment and the orders constituted impermissible retroactive monetary awards from the state treasury.
• Tallulah Morgan v. O'Bryant
  671 F.2d 23· 1st Cir.· 1982-02-17 ·cited 16×
  The court affirmed the district court's orders regarding faculty and administrator layoffs, finding them to be reasonable and constitutionally permissible race-conscious remedies to preserve desegregation progress.
• The AETNA Cas. & Sur. Co. v. The United States
  655 F.2d 1047· Ct. Cl.· 1981-06-17 ·cited 16×·via Equitable Restitution
  The court held that plaintiffs were not entitled to monetary relief from general Treasury funds under the Tucker Act, but HUD might be liable from separate funds.
• Sec. & Exch. Comm'n v. G. C. George Sec., Inc.
  637 F.2d 685· 9th Cir.· 1981-01-23 ·cited 16×·via Equitable Powers Of Federal Courts
  The district court erred in concluding it lacked jurisdiction to consider enjoining an SEC administrative proceeding; it has jurisdiction and must determine whether to exercise it or apply the exhaustion doctrine.
• United States v. City OF Chicago
  631 F.2d 469· 7th Cir.· 1980-07-09 ·cited 16×
  The court held that the district judge did not abuse his discretion in approving the City's plan to strike the 1973 sergeant's promotional roster after filling existing vacancies, as it complied with state law and equitable principles.
• Hardy v. Porter
  546 F.2d 1165· 5th Cir.· 1977-02-10 ·cited 16×
• Usery v. Int'l Org. of Masters
  538 F.2d 946· 2d Cir.· 1976-07-12 ·cited 16×
  The court held that while the 1971 election was unlawful, the Secretary's demand for a 1976 supervised election was arbitrary, and modified the judgment to order a supervised election in 1977.
• Ferrin C. Harman and Henry Clay v. Diversified Med. Invs. Corp.
  524 F.2d 361· 10th Cir.· 1975-10-31 ·cited 16×
  The court held that rescission was appropriate even though the parties could not be perfectly restored to their original positions, as the trial court equitably returned the parties substantially to the status quo.
• Schiff v. Williams
  519 F.2d 257· 5th Cir.· 1975-09-17 ·cited 16×
  The court held that the dismissal of student editors violated their First Amendment rights, but reversed the award of attorneys' fees due to Supreme Court precedent.
• Hyde Props. v. McCOY
  507 F.2d 301· 6th Cir.· 1974-11-05 ·cited 16×
  The court held that there is no constitutional right to a jury trial in an interpleader action where the creditor seeks to annul a fraudulent conveyance, and the district court's findings of fraudulent conveyance were not clearly erroneous.
• Goss v. The Bd. OF Educ. OF the City OF Knoxville
  482 F.2d 1044· 6th Cir.· 1973-07-18 ·cited 16×·via Equitable Decree
• Gautreaux v. City OF Chicago & Richard J. Daley
  480 F.2d 210· 7th Cir.· 1973-05-18 ·cited 16×
  The court held that the City Council's inaction in passing on housing site submittals, which perpetuated racial imbalance, rendered it liable for delay, and the district court's remedy was appropriate.
• The MacKe Co. v. The United States
  467 F.2d 1323· Ct. Cl.· 1972-10-13 ·cited 16×·via Claim For Equitable Relief
  The court held that the contractor was entitled to compensation for unreasonable losses inherent in the unique operation, beyond those directly caused by the government, and also to a reasonable profit.
• Mayoe Porter Buster Ridley v. Phillips Petroleum Co.
  427 F.2d 19· 10th Cir.· 1970-05-28 ·cited 16×·via Equitable Powers Of Federal Courts
  The court held that the trial court did not err in refusing to dissolve the injunction, in interpreting the original order to permit irrigation of an additional tract, or in determining the reasonable price for gas.
• Turk v. Hysan Prods. Co.
  149 So. 2d 584· Fla. 3d DCA· 1963-02-12 ·cited 16×
  Turk sued Hysan Products for breach of an oral exclusive agency agreement to sell "Futron" chemical products in Dade and Broward Counties, seeking injunctive relief. The trial court granted summary judgment for the defendant, holding the contract too vague and uncertain to warran
• In re Est. of Ella Blanche Shepherd v. Shepherd
  130 So. 2d 888· Fla. 2d DCA· 1961-06-09 ·cited 16×
  The Court held that taxpayers may amortize bond premium with reference to a special call price, as the statute permits amortization with reference to any call date specified in the bond indenture.
• View Crest Garden Apts., Inc. v. United States
  281 F.2d 844· 9th Cir.· 1960-08-02 ·cited 16×
  A federal court can appoint a receiver to collect rents and profits under an FHA-insured mortgage, especially when security is inadequate or doubtful and the mortgagor is insolvent or of doubtful financial standing.
• United States & White Cnty. Bridge Comm'n ex rel. United States v. White Cnty. Bridge Comm'n
  275 F.2d 529· 7th Cir.· 1960-01-11 ·cited 16×
  The court held that the complaint stated a cause of action for equitable relief under Public Law 37, allowing the United States Attorney to bring the action, but that removal of a commissioner was not authorized.
• Mitchell v. Riegel Textile, Inc.
  259 F.2d 954· D.C. Cir.· 1958-10-02 ·cited 16×·via Equitable Restitution
  The court held that plaintiffs are liable for the full amount of their wage underpayments, not limited to the bond amounts, as they were unjustly enriched by the erroneous injunction.
• U.S. Commodity Futures Trading Commissioner v. Escobio
  946 F.3d 1242· 11th Cir.· 2020-01-06 ·cited 15×
  The Eleventh Circuit held that a district court cannot use its civil contempt power to enforce a money judgment, including restitution orders, which are instead governed by the Federal Debt Collection Procedures Act.
• In re EL Paso Pipeline P'rs
  2015 WL 1815846· Del. Ch.· 2015-12-02 ·cited 15×
  The Court held that a claim for breach of a limited partnership agreement is a direct claim, not a derivative one, and therefore survived the merger. Even if the claim had dual characteristics, it could be litigated directly post-merger. The Court denied the General Partner's mot
• Epstein v. Epstein
  915 So. 2d 1272· Fla. 4th DCA· 2005-12-21 ·cited 15×
  Harry Epstein appeals the denial of an equitable lien and set-off against alimony after his former wife failed to repay her share of proceeds from the sale of their marital residence. The court affirmed, holding that the clean hands doctrine barred equitable relief because the hu
• Nasir M. Ashemimry v. Sheik Ahmed Abdul Rahman Saleh BA Nafa
  778 So. 2d 495· Fla. 5th DCA· 2001-02-23 ·cited 15×
  Ashemimry and his corporations appeal from orders establishing personal jurisdiction, proper venue in Orange County, and entitlement to an accounting with a special master appointed. The Florida appellate court affirmed, finding the trial court properly exercised jurisdiction ove
• 381651 Alberta, Ltd. v. 279298 Alberta, Ltd.
  675 So. 2d 1385· Fla. 4th DCA· 1996-07-10 ·cited 15×
  In this fraudulent conveyance case, the trial court found that a Canadian judgment creditor could set aside transfers of real property made by a judgment debtor through his family trust entity and recover the property to satisfy the judgment. The court held that actions to set as
• Nixa Ramos v. Roche Prods., Inc.
  936 F.2d 43· 1st Cir.· 1991-06-21 ·cited 15×
  The court affirmed the district court's dismissal of discrimination and retaliation claims, finding no clear error in the factual findings and upholding the denial of a jury trial for Title VII equitable claims.
• Goldstein v. Serio
  566 So. 2d 1338· Fla. 4th DCA· 1990-09-05 ·cited 15×
  Phyllis Goldstein appealed the trial court's order requiring her to elect remedies before trial, which forced her to abandon her jury trial right and proceed on only a rescission claim in a bench trial. The Fourth District Court of Appeal reversed, holding that the election of re
• Myrtis Faye Terrell v. DeCONNA
  877 F.2d 1267· 5th Cir.· 1989-07-27 ·cited 15×
  The court held that issue preclusion correctly barred relitigation of the ice cream company's liability, and that the plaintiff had no right to a jury trial on the equitable insurance coverage claims.
• Brock v. Richardson
  812 F.2d 121· 3d Cir.· 1987-02-18 ·cited 15×·via Equitable Decree
  An employer violates the Fair Labor Standards Act's anti-retaliation provision by discharging an employee based on a mistaken belief that the employee engaged in protected activity. Back pay awards under the FLSA should be presumed to carry both pre-judgment and post-judgment int
• United States v. Sutton
  795 F.2d 1040· Temp. Emer. Ct. App.· 1986-06-11 ·cited 15×
  The court affirmed in part and reversed in part, remanding for recalculation of the award based on specific evidentiary issues.
• United States v. Tull
  769 F.2d 182· 4th Cir.· 1985-07-30 ·cited 15×
  The court held that the defendant violated the Clean Water Act and Rivers and Harbors Appropriation Act by placing fill on wetlands and navigable waters without a permit, and that the Acts were constitutional as applied. The court also held that the defendant was not entitled to
• Plechner v. Widener Coll., Inc.
  569 F.2d 1250· 3d Cir.· 1977-12-28 ·cited 15×
  The court affirmed the district court's judgment, holding that the affiliation procedures were proper under Delaware law and that the plaintiffs were not entitled to a jury trial.
• Fowler v. Schwarzwalder
  498 F.2d 143· 8th Cir.· 1974-06-07 ·cited 15×·via Equitable Powers Of Federal Courts
  The court held that the district court erred in denying attorney's fees solely on the absence of bad faith, and should reconsider the award under the 'private attorney general' doctrine.
• Foley v. Peckham
  256 So. 2d 65· Fla. 3d DCA· 1971-12-21 ·cited 15×
  Foley sold corporate stock to Peckham for $50,000 with deferred payments based on sales percentages. When Peckham failed to make payments after the initial $2,240, Foley sued for breach of contract. The trial court awarded judgment but allocated $4,600 of accountant fees to Foley
• Sw. Life Ins. Co. v. Gerson
  187 So. 2d 63· Fla. 3d DCA· 1966-05-03 ·cited 15×
  Southwestern Life Insurance Company appealed an order transferring an equitable action for insurance policy rescission to the law side of court for jury trial after the defendant filed a compulsory legal counterclaim for damages. The court reversed, holding that equitable and leg
• Burton Ginsberg v. Ginsberg
  123 So. 2d 57· Fla. 3d DCA· 1960-09-19 ·cited 15×
  The court held that service of a rule to show cause on the appellant's counsel of record was sufficient to confer jurisdiction, and that a court could simultaneously enter a money judgment for arrearages and adjudicate contempt.
• Bedenbaugh v. Lawrence
  141 Fla. 341· Fla.· 1940-01-12 ·cited 15×
  The Florida Supreme Court affirms dismissal of a liquidator's complaint seeking to collect a bank stock assessment against the heirs of a deceased stockholder by reaching their inherited real estate. The court held that statutory limitations on claims against estates barred recov
• Schonfeld v. Engler
  119 Fla. 138· Fla.· 1935-04-25 ·cited 15×
  Minnie Engler sought to set aside real property conveyances to Joe Schonfeld, claiming they were fraudulently made without consideration as part of a separate maintenance action against Jacob Engler. The Florida Supreme Court reversed the trial court's decree voiding the conveyan
• Merchs. & Mechanics Bank v. Sample
  98 Fla. 759· Fla.· 1929-10-23 ·cited 15×·via Equitable Relief From Judgment
  In this case involving a joint and several note, the Florida Supreme Court held that where a creditor obtains a judgment against only one of multiple joint obligors, that judgment—though erroneous—does not deprive the court of jurisdiction over co-obligors whose pleas remain undi
• HSBC Bank USA v. The Est. OF Chloe Ann Petercen
  227 So. 3d 640· Fla. 4th DCA· 2017-09-27 ·cited 14×
  HSBC Bank appealed the dismissal of its foreclosure action against the estate of a deceased homeowner. The trial court dismissed based on res judicata and statute of limitations, relying on prior case law, but the appellate court reversed, holding that under the Florida Supreme C
• Est. of Jackson v. Ventas Realty
  812 F. Supp. 2d 1306· M.D. Fla.· 2011-09-12 ·cited 14×
  A Florida statutory supplemental proceeding under Section 56.29 to enforce a state court judgment is not a "civil action" removable to federal court because it is an ancillary continuation of the original state court action and federal courts lack original jurisdiction over such