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

• Turnberry Invs., Inc. v. Streatfield
  48 So. 3d 180· Fla. 3d DCA· 2010-11-24 ·cited 14×
  Turnberry Investments appeals a judgment that invalidated a tax deed it purchased and required it to refund the purchase price to the former property owner. The key issue is whether Florida Statute § 197.602 requires the former owner to pay interest on the entire amount Turnberry
• Beach v. Great W. Bank
  670 So. 2d 986· Fla. 4th DCA· 1996-01-31 ·cited 14×
  This is a case of first impression in Florida addressing whether a consumer can assert a right to rescind a mortgage under the Truth in Lending Act (TILA) as a recoupment defense in a foreclosure action after the three-year statutory period has expired. The court holds that the t
• McCLISH v. LEE
  633 So. 2d 56· Fla. 5th DCA· 1994-02-11 ·cited 14×
  This case concerns whether a former wife can collect child support arrearages after agreeing to waive them in exchange for the husband relinquishing visitation rights. The court held that while parties cannot contract away a child's right to support, they can contract as between
• Northshore Dev., Inc. v. LEE
  835 F.2d 580· 5th Cir.· 1988-01-12 ·cited 14×·via Equitable Powers Of Federal Courts
  The court held that the district court did not abuse its discretion in denying the FSLIC's motion to vacate the state court judgment.
• Sec. & Exch. Comm'n v. Giuseppe B. Tome
  833 F.2d 1086· 2d Cir.· 1987-11-20 ·cited 14×
  The court held that service by publication was valid and that the district court had personal jurisdiction over the appellants, and affirmed the admissibility of deposition testimony.
• Wilson v. Burlington N. R.R. Co.
  803 F.2d 563· 10th Cir.· 1986-10-10 ·cited 14×·via Equitable Powers Of Federal Courts
  Federal courts cannot award prejudgment interest in actions brought under the Federal Employer's Liability Act (FELA).
• Billy K. Banks v. Burkich
  788 F.2d 1161· 6th Cir.· 1986-04-18 ·cited 14×·via Equitable Powers Of Federal Courts
  Federal courts possess the equitable power to order reinstatement for employees unlawfully discharged or demoted due to constitutionally protected activities, and such power is not limited by state law or potential workplace friction.
• City OF Clearwater v. United States Steel Corp. & U.S.S. Realty Dev.
  469 So. 2d 915· Fla. 2d DCA· 1985-05-24 ·cited 14×·via Equitable Relief From Judgment
  The City of Clearwater appealed the dismissal of its complaint seeking a declaratory judgment that it could rezone property owned by United States Steel. The court affirmed the dismissal on res judicata grounds, finding the declaratory judgment action was barred by a prior summar
• Horner v. Bourland
  724 F.2d 1142· 5th Cir.· 1984-02-13 ·cited 14×
  The court held that a mutual mistake regarding the ability to recast an FHA loan was not material to the contract for the sale of real estate, and a cash offer in lieu of the original financing terms constituted substantial compliance, justifying specific performance.
• In re Income Prop. Builders, Inc. v. The Lomas & Nettleton Co.
  699 F.2d 963· 9th Cir.· 1982-08-23 ·cited 14×
  The court held that an order dismissing a bankruptcy proceeding is not an order closing it, and a motion to vacate such dismissal must be made within one year, making the bankruptcy court without jurisdiction to vacate a dismissal after that period.
• Brown v. Porcher
  660 F.2d 1001· 4th Cir.· 1981-10-06 ·cited 14×
  The court held that South Carolina's practice of denying unemployment compensation solely on the basis of pregnancy violates federal law, and that retroactive awards from the statute's effective date are permissible and do not violate the Eleventh Amendment.
• Nevels v. Hanlon
  656 F.2d 372· 8th Cir.· 1981-08-19 ·cited 14×·via Equitable Restitution
  The court held that the Commissioner's ex parte communications denied the employee due process, but the award of back pay was barred by the Eleventh Amendment.
• Krause v. Rhodes
  640 F.2d 214· 6th Cir.· 1981-03-27 ·cited 14×·via Equitable Powers Of Federal Courts
  A federal district court has the equitable power to supervise and limit attorneys' fees derived from contingent fee contracts, especially when necessary to effectuate a settlement and ensure fairness to litigants.
• Pegues v. Morehouse Parish Sch. Bd.
  632 F.2d 1279· 5th Cir.· 1980-12-18 ·cited 14×
  The court held that the plaintiff's § 1983 claim was time-barred, but the Singleton claim should be remanded for a laches determination.
• Roberts v. Sears
  617 F.2d 460· 7th Cir.· 1980-03-12 ·cited 14×
  The court held that the plaintiff's election of a legal remedy for past damages barred further equitable relief for the same period, but did not preclude the return of patent rights for future benefits.
• Raulerson v. Metzger
  375 So. 2d 576· Fla. 5th DCA· 1979-08-08 ·cited 14×·via Equitable Rescission
  Heirs of a deceased woman challenged a trial court judgment voiding a conveyance of real property based on the grantor's mental incapacity and forgery. The appellate court affirmed the finding of incompetency and forgery but reversed the finding that the appellant procured the fo
• In re Fed's. Inc.
  553 F.2d 509· 6th Cir.· 1977-04-19 ·cited 14×
  A seller's right of reclamation under UCC § 2-702 is a valid state-created ownership right, not an invalid statutory lien or disguised priority under the Bankruptcy Act, and is superior to the rights of a bankruptcy trustee.
• Buzzelli v. Minn. Mining & Mfg. Co.
  521 F.2d 1162· 6th Cir.· 1975-07-23 ·cited 14×·via Equitable Powers Of Federal Courts
  The court held that the patent is unenforceable due to the patentee's inequitable conduct in failing to disclose material prior art to the Patent Office.
• Avery v. Marine Bank & Tr. Co.
  216 So. 2d 251· Fla. 2d DCA· 1968-11-27 ·cited 14×
  The court affirmed dismissal of a complaint seeking specific performance of an oral contract to convey real property. The court held that under Florida law, specific performance of an oral contract for the sale of land requires the purchaser to be in actual possession of the prop
• McKENNA v. Wallis
  344 F.2d 432· 5th Cir.· 1964-01-21 ·cited 14×
  The court held that Louisiana law, which bars parol evidence for interests in mineral leases, controls the dispute over title to the lease, as title had passed from the United States.
• Borg-Warner Corp. v. York-Shipley, Inc.
  293 F.2d 88· 7th Cir.· 1961-07-26 ·cited 14×
  The court held that while the defendant established prior rights and secondary meaning in the YORK mark for heating products, the plaintiff's extensive delay in objecting constituted laches, barring injunctive relief for certain uses. The damages awarded were also improper due to
• Morris v. Morris
  273 F.2d 678· 7th Cir.· 1960-01-21 ·cited 14×
  A federal court cannot enforce a state court's alimony decree for accrued, unpaid installments if they have not been reduced to a judgment by the state court, as federal courts lack jurisdiction over domestic relations matters.
• A. L. Kornman Co. v. Amalgamated Clothing Workers of Am.
  264 F.2d 733· 6th Cir.· 1959-02-25 ·cited 14×·via Equitable Powers Of Federal Courts
  The court held that federal district courts do not have jurisdiction under Section 301(a) of the Labor Management Relations Act to enforce arbitration awards arising from individual employment contracts.
• Mansfield Hardwood Lumber Co. v. Hattie A. Johnson
  263 F.2d 748· 5th Cir.· 1959-02-20 ·cited 14×
  The court held that while actual fraud was not definitively proven, the corporation's officers breached their fiduciary duty to individual stockholders by failing to disclose material information and misrepresenting future plans when purchasing minority stock, justifying rescissi
• Mitchell v. Robert de Mario Jewelry, Inc.
  260 F.2d 929· 5th Cir.· 1958-11-07 ·cited 14×·via Equitable Powers Of Federal Courts
  The court held that the district court lacked the statutory authority to order restitution of lost wages for wrongfully discharged employees under Section 17 of the Fair Labor Standards Act, even when granting an injunction for reinstatement.
• In re Innis. United Mercantile Agencies, Inc. v. Innis
  140 F.2d 479· 7th Cir.· 1944-02-18 ·cited 14×·via Equitable Relief From Judgment
  A bankruptcy discharge is a personal defense that must be affirmatively pleaded in a pending state court action; failure to do so, absent fraud or other equitable grounds, results in waiver of the defense and allows enforcement of a subsequent judgment.
• Burnham v. Todd
  139 F.2d 338· 5th Cir.· 1943-12-08 ·cited 14×
  The court held that a bankruptcy trustee can pursue a summary proceeding to recover property wrongfully taken from the court's custody, even if the property has been converted to money, and that laches and limitations do not bar recovery for a well-concealed fraud.
• Mills v. Britt
  56 Fla. 839· Fla.· 1908-06-01 ·cited 14×
  In this mechanic's lien case, the Florida Supreme Court upheld a lower court's decree granting appellee Britt a statutory lien on appellant Mills's property for unpaid labor and materials furnished in building an addition to Mills's house. The Court rejected Mills's argument that
• Richardson v. Tricom Pictures & Prods., Inc.
  334 F. Supp. 2d 1303· S.D. Fla.· 2004-08-24 ·cited 13×
  The court held that plaintiff is entitled to back pay from her termination at Tricorn until her termination from WLRN due to failure to mitigate, and for the period thereafter until trial, as mitigation was not disproven for subsequent employment.
• Saporta v. Saporta
  766 So. 2d 379· Fla. 3d DCA· 2000-08-02 ·cited 13×
  In this Florida dissolution case, the appellate court reversed the trial court's judgment regarding property division, holding that a constructive trust should be imposed on a residence purchased with the wife's inherited funds but titled in the husband's name prior to their marr
• Trak Microwave Corp. v. Culley
  728 So. 2d 1177· Fla. 2d DCA· 1998-09-02 ·cited 13×
  Trak Microwave appeals a trial court's grant of a pure bill of discovery filed by Kenneth Culley in state court. The appellate court reversed, holding that because Culley had a pending federal age discrimination lawsuit where proper discovery was available, the equitable remedy o
• Diginet v. W. Union ATS
  958 F.2d 1388· 7th Cir.· 1992-03-09 ·cited 13×
  The court should certify issues of state law to the Illinois Supreme Court rather than deciding them itself.
• Hopkins v. Price Waterhouse
  920 F.2d 967· D.C. Cir.· 1990-12-04 ·cited 13×
  The court affirmed the district court's decision, finding that while the factual findings were questionable, they were not clearly erroneous, and the award of partnership was a permissible, albeit extraordinary, remedy under Title VII.
• Elliot Handler v. Sec. & Exch. Comm'n
  610 F.2d 656· 9th Cir.· 1979-12-28 ·cited 13×·via Equitable Powers Of Federal Courts
  The court held that the district court did not exceed its authority in allowing the appointment of special counsel and that the plaintiffs may not challenge the manner of the special counsel’s investigation due to their failure to raise objections in a timely manner.
• Sec. & Exch. Comm'n v. Advance Growth Cap. Corp.
  470 F.2d 40· 7th Cir.· 1972-11-13 ·cited 13×
  The court held that the trial court erred in finding that certain violations of the Investment Company Act were inadvertent and not disadvantageous, and that the omissions in annual reports were minor and unknowing.
• Saliba v. James
  143 Fla. 404· Fla.· 1940-06-18 ·cited 13×
  The Florida Supreme Court affirmed a lower court decree that voided transfers of property from an elderly man with diminished mental capacity to the defendants who had confined him and systematically obtained his assets through a fraudulent scheme. The court reduced the attorney'
• People's Tr. Ins. Co. v. Valentin
  305 So. 3d 324· Fla. 3d DCA· 2020-04-01 ·cited 12×
  The appellate court reviewed a trial court's dismissal of an insurance company's complaint against its insured. The court affirmed the dismissal of breach of contract and injunctive relief claims but reversed the dismissal of specific performance and declaratory judgment claims,
• Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc.
  173 So. 3d 1037· Fla. 2d DCA· 2015-07-15 ·cited 12×
  Unit owners appealed the denial of a mandatory injunction against their condominium association for failing to repair moisture intrusion through the building's floor slab. The appellate court reversed, holding that the owners satisfied all requirements for mandatory injunctive re
• Jovine v. Abbott Labs., Inc.
  795 F. Supp. 2d 1331· S.D. Fla.· 2011-04-12 ·cited 12×
  The court held that the amended complaint was a shotgun pleading and dismissed most counts for failure to state a claim, but allowed leave to amend.
• Brooks v. Watchtower Bible & Tract Soc'y OF Fla., Inc.
  706 So. 2d 85· Fla. 4th DCA· 1998-02-18 ·cited 12×
  Residents of West Palm Beach challenged an injunction preventing a referendum to repeal an ordinance authorizing the sale of city property to Watchtower Bible and Tract Society. The court reversed, holding that the city charter and code authorize the referendum and that the prope
• Saenz v. Rigau & Rigau, P.A.
  549 So. 2d 682· Fla. 2d DCA· 1989-08-11 ·cited 12×
  A Peruvian citizen who did not speak English hired an attorney to sell her Florida property for $115,000–$130,000, but the attorney sold it to his mother-in-law for $70,000. The plaintiff obtained rescission from the buyer but lost her damage claims against the attorney. The appe
• Vazquez v. Vazquez
  512 So. 2d 1045· Fla. 3d DCA· 1987-09-08 ·cited 12×
  A charging lien motion must provide clear and adequate notice with sufficiently specific language, and an ambiguous and overly broad motion seeking either a charging lien or attorney's fees payable by either party is insufficient as a matter of law.
• Lujan v. Franklin Cnty. Bd. OF Educ.
  766 F.2d 917· 6th Cir.· 1985-06-17 ·cited 12×
  Singleton rights, arising from court-ordered desegregation injunctions, cannot be enforced in a Title VII action, and the burden of persuasion does not automatically shift to the defendant in Title VII cases involving historically segregated schools unless specific conditions lik
• United States v. Buttorff
  761 F.2d 1056· 5th Cir.· 1985-06-03 ·cited 12×
  The court affirmed the preliminary injunction, holding that the promotion of the Constitutional Pure Equity Trust was misleading commercial speech and that injunctive relief was appropriate under 26 U.S.C. § 7408 to prevent recurrence of violations.
• In re the Est. OF Charles E. Mundell, Jr. v. Cowan
  459 So. 2d 358· Fla. 5th DCA· 1984-11-01 ·cited 12×
  In this estate law case, the court reversed a probate court decision denying a life insurance beneficiary's right to subrogation. The court held that because the insurance policy was expressly designated as the primary source for paying the deceased's debt to his first wife, and
• Dennis v. R.I. Hosp. Tr. Nat'l Bank
  744 F.2d 893· 1st Cir.· 1984-09-28 ·cited 12×
  The court affirmed the district court's judgment, modifying the surcharge amount, and affirmed the denial of prejudgment interest and attorneys' fees.
• McKINNEY v. Gannett Co., Inc.
  694 F.2d 1240· 10th Cir.· 1982-12-09 ·cited 12×
  The trial court's judgment, granting an option for rescission after an accounting and appeal, is final and reviewable, and a decision on the merits would not be an advisory opinion.
• United States v. Wilson
  707 F.2d 304· 8th Cir.· 1982-10-26 ·cited 12×
  The court held that the landowners' claim for reimbursement for improvements is a condition precedent to the United States' equitable quiet title action, not a counterclaim barred by sovereign immunity.
• Grayson v. The Wickes Corp.
  607 F.2d 1194· 7th Cir.· 1979-09-07 ·cited 12×
  The court held that the district court applied an erroneous and unrealistic burden of proof to the plaintiff's Title VII complaint, warranting reversal and remand.
• Union Elec. Co. v. Env't Prot. Agency
  593 F.2d 299· 8th Cir.· 1979-02-20 ·cited 12×·via Equitable Powers Of Federal Courts
  The court held that federal courts should not interfere with the pre-enforcement procedures established by the Clean Air Act, and thus, an injunction preventing EPA enforcement proceedings was improper.