Federal Rules Of Civil Procedure Rule 52

180 Florida cases classified under this topic · sorted by citation count · browse and sort

• Saxon v. Blann
  968 F.2d 676· 8th Cir.· 1992-07-01
  The court affirmed the district court's judgment, finding no error in its rulings on copyright infringement, forfeiture, breach of contract, fraud, and disqualification.
• In re ST. Clare's Hosp. & Health Ctr. v. Ins. Co. OF N. Am.
  934 F.2d 15· 2d Cir.· 1991-05-17
  The court held that the hospital provided timely notice of the malpractice claim under the insurance policy, and therefore the insurer has a duty to defend and indemnify.
• Mira v. Monroe Cnty. Sch. Bd.
  687 F. Supp. 1538· S.D. Fla.· 1988-05-31
  The court held that the plaintiff failed to prove that the defendants denied her a promotion on account of her sex, as required for a Title VII disparate treatment claim.
• Sennewald v. Univ. OF Minn. & the Regents of the Univ. of Minn.
  847 F.2d 472· 8th Cir.· 1988-05-23
  The judgment should be affirmed because the lower court's interpretation of the consent decree and its factual findings regarding the Title VII claim were not erroneous.
• Santiago-Correa v. Hernandez-Colon
  835 F.2d 395· 1st Cir.· 1987-12-18
  The court held that while Press Office employees could be dismissed based on political affiliation due to the confidential nature of their roles, cleaning persons could not be dismissed on that basis as their access to sensitive information was incidental. The case for the cleani
• Bentley Ranches, Inc. v. Borgerson
  732 F.2d 1395· 9th Cir.· 1984-01-27
  The court held that the district court's findings supporting contract reformation were not clearly erroneous, and thus affirmed the reformation.
• Schulner v. Jack Eckerd Corp.
  572 F. Supp. 56· S.D. Fla.· 1983-08-09
  The court held that the defendants failed to prove the plaintiff did not mitigate damages and that their offered position was not comparable to the one from which he was terminated, and reduced liquidated damages due to some evidence of good faith.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Booth v. N. Am. Aluminum Corp.
  423 F.2d 545· 6th Cir.· 1970-03-24
  The court held that the agent was not entitled to a split commission because the conditions for split commissions under the contract were not met, and the commission, if any, should only be based on the product cost, not installation.
• Hoffman v. First Nat'l Bank of Pompano Beach
  392 F.2d 202· 5th Cir.· 1968-03-26
  The court held that the district court was not clearly erroneous in finding no voidable preference under Section 60(a) of the Bankruptcy Act, but remanded for further proceedings regarding the effect of Florida law under Section 70(e).
• Smith v. Fihelly
  338 F.2d 964· 4th Cir.· 1964-11-19
  The court held that the district judge's finding of no negligence on the part of Fihelly was not clearly erroneous.
• Jones v. Vill. OF Proctorville
  332 F.2d 419· 6th Cir.· 1964-05-21
  The court affirmed the disallowance of unauthorized disbursements by the receiver but remanded the decision on her continued service to the District Court.
• Hunt OIL Co. & Bodcaw Co. (formerly Nebo Oil Co. v. Marathon OIL Co. (formerly the Ohio Oil Company)
  321 F.2d 702· 5th Cir.· 1963-08-13
  The appellate court affirmed the district court's judgment, finding that the trial court's factual findings were not clearly erroneous and its legal conclusions were correct.
• The Home Indem. Co. v. Norton
  260 F.2d 510· 7th Cir.· 1958-10-28
  The court held that the son was operating the insured vehicle with implied permission, thus qualifying as an additional insured under the policy's omnibus clause.
• Petri v. Rhein
  257 F.2d 268· 7th Cir.· 1958-06-27
  The court held that the transfers of stock effectively created joint tenancies with the right of survivorship under Illinois law, despite the transferor being both the original owner and one of the joint tenants.
• Cameron v. Schaefer Lumber Co., Inc.
  254 F.2d 389· 6th Cir.· 1958-04-25
  The court affirmed the district court's judgment, finding the appellant guilty of gross negligence and the appellees guiltless of any negligence.
• A. E. Staley Mfg. Co. v. Staley Milling Co.
  253 F.2d 269· 7th Cir.· 1958-03-13
  The court held that the defendant infringed upon the plaintiff's trademark rights by using the name 'Staley' on its products, and affirmed the trial court's injunction against such use.
• Defenbach v. Etter
  252 F.2d 567· 9th Cir.· 1958-02-17
  The court held that the trial court's finding of a contingent fee arrangement was supported by ample evidence and not clearly erroneous.
• Colville v. Isabelle C. Koch
  234 F.2d 157· 9th Cir.· 1956-05-24
  The court affirmed the district court's judgment, finding no fraud in the probate proceedings and that the claim on the promissory note was barred by the statute of limitations and failure to file.
• Tucker v. Meredith
  232 F.2d 347· D.C. Cir.· 1956-03-15
  The court held that Meredith was not a holder in due course because he did not take the note in good faith.
• The Independent-Eastern Torpedo Co. v. Cannon
  220 F.2d 720· 5th Cir.· 1955-04-12
  The court held that there was substantial evidence in the record to support the trial court's findings of fact, and thus the judgment should be affirmed.
• Commercial Standard Ins. Co. v. Maddox
  189 F.2d 761· 8th Cir.· 1951-06-13
  The court held that the fire causing the injury originated from the tractor's fuel tank, not the cargo, and therefore was not excluded by the policy's exclusion clause (h).
• Harvey v. United States
  185 F.2d 463· 7th Cir.· 1950-11-30
  Profits and income derived from property originally gifted to a spouse, and reinvested or accumulated, are considered the separate property of that spouse for purposes of the estate tax exception for jointly held property.
• Gen. Disc. Corp. v. Sadowski
  183 F.2d 542· 6th Cir.· 1950-06-02
  A prior judgment at law on a contract does not preclude a subsequent suit in equity for reformation of that contract if the mistake in drafting is shown.
• Glenn v. Kraft
  164 F.2d 715· D.C. Cir.· 1947-11-10
  The appellate court affirmed the trial court's judgment, finding no clear error in the factual findings or the application of law.
• Monogram MFG. Co. v. F & H MFG. Co.
  144 F.2d 412· 9th Cir.· 1944-08-09
  The court held that the Wallace patents were invalid for lack of invention and anticipation, specifically regarding the rotatability of the clamp housing.
• Orth v. United States
  142 F.2d 969· 4th Cir.· 1944-05-24
  The court held that the evidence presented was insufficient to meet the "clear, unequivocal, and convincing" standard required to cancel a naturalization certificate based on alleged fraud or lack of attachment to the principles of the Constitution.
• Tyler v. Lowe
  138 F.2d 867· 2d Cir.· 1943-12-01
  The court held that the trial court did not err in denying a trial de novo and that its findings of fact were not clearly erroneous.
• Middle W. Const., Inc. v. Metro. Dist. of Hartford
  133 F.2d 468· 2d Cir.· 1943-02-05
  The court held that the contractor was not entitled to additional compensation for work performed under the contract, as claims for extras were not properly submitted and the work was contemplated by the contract documents.
• Diamond Iron Works, Inc. v. Wis. Foundry & Mach. Co.
  121 F.2d 363· 7th Cir.· 1941-06-21
  The court held that the patent claims were invalid for lack of invention and not infringed because the claims were limited to a specific "inclined saucer-like" conveyor, which was anticipated by the prior art and not present in the accused device.