Inconsistent Remedies

28 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Williams v. Robineau
  124 Fla. 422· Fla.· 1936-05-28 ·cited 139×
  Williams Brothers sought to amend their cross-bill in a foreclosure action to strike their prayer for foreclosure of tax deeds, but the trial court denied the motion. The Florida Supreme Court reversed, holding that the doctrine of election of remedies did not bar the amendment b
• Am. Process Co. v. Fla. White Pressed Brick Co.
  56 Fla. 116· Fla.· 1908-06-01 ·cited 134×
  American Process Company shipped machinery to H. Huennekes Company (care of Florida White Pressed Brick Company) for installation in defendant's brick plant. When Huennekes went bankrupt, American Process filed a claim in bankruptcy for the price of the machinery and received par
• Barbe v. Villeneuve
  505 So. 2d 1331· Fla.· 1987-04-16 ·cited 80×
  Barbe obtained a default judgment for treble damages against Tashea for theft of a yacht purchase price, then later sought to recover the yacht itself in a replevin action. The Florida Supreme Court held that the election of remedies doctrine bars Barbe from obtaining both the mo
• Klondike, Inc. v. Blair
  211 So. 2d 41· Fla. 4th DCA· 1968-06-03 ·cited 62×
  A mortgagee that obtained a judgment on a promissory note sought to foreclose on the mortgage securing that note. The trial court dismissed the foreclosure action under the election of remedies doctrine, holding that suing on the note barred foreclosure. The appellate court rever
• Weeke v. Reeve
  65 Fla. 374· Fla.· 1913-04-15 ·cited 61×
  Weeke sued to rescind a land conveyance based on fraudulent misrepresentations by Reeve, but the lower court dismissed because Weeke had previously brought a separate damages action against Reeve for the same fraud, which resulted in a final judgment for Reeve. The Florida Suprem
• Campbell v. The Kauffman Milling Co.
  42 Fla. 328· Fla.· 1900-06-01 ·cited 48×
  The Florida Supreme Court reversed an equity decree that gave the Kauffman Milling Company priority rights to flour accounts and their proceeds held by the assignee Campbell. The court held that the Milling Company forfeited its right to pursue the accounts in specie by electing
• State of Fla. ex rel. Earl Faircloth v. The Dist. Court OF Appeal
  187 So. 2d 890· Fla.· 1966-06-15 ·cited 40×
  The filing of a notice of appeal on the same day as a motion for new trial constitutes an abandonment of the motion and vests exclusive jurisdiction in the appellate court.
• McCormick v. Bodeker
  119 Fla. 20· Fla.· 1935-04-04 ·cited 39×
  This case concerns whether a seller who obtained a specific performance decree for the sale of land, which was later sold at a loss, can then sue for the remaining balance owed. The court held that the seller's election to pursue specific performance barred the subsequent action
• Armour & Co. v. Carl
  154 Fla. 86· Fla.· 1944-02-18 ·cited 38×
  Armour & Company sought equitable accounting and relief for funds allegedly held in trust by attorney Lambdin, who collected $1,413.75 from a judgment execution that had been assigned to Armour. The Florida Supreme Court affirmed dismissal of the equity suit, holding that Armour
• Parsons v. Motor Homes OF Am., Inc.
  465 So. 2d 1285· Fla. 1st DCA· 1985-03-07 ·cited 37×
  The Parsons purchased a defective Winnebago motor home and sought revocation of acceptance after nine months of repeated repair attempts. The trial court denied revocation, finding no substantial impairment of value and that warranty limitations foreclosed other remedies. The app
• The Bd. of Pub. Instruction for Bay Cnty. v. Cora Stanley Mathis
  132 Fla. 289· Fla.· 1938-03-24 ·cited 21×
  The Florida Supreme Court reversed a lower court dismissal of an equity suit by a school board seeking to impress a trust on life insurance proceeds purchased with misappropriated school funds. The court held that the board's election to sue the surety company was not inconsisten
• Intertype Corp. v. Pulver
  132 So. 830· Fla.· 1931-03-17 ·cited 20×
  The appellate court reversed a lower court's foreclosure decree and remanded the case. The court held that by filing a replevin suit for the same property after the foreclosure decree, the complainant abandoned the foreclosure suit, making the appeal moot.
• Berger v. State Farm Mut. Auto. Ins. Co.
  291 F.2d 666· 10th Cir.· 1961-05-24 ·cited 18×
  The court held that the plaintiff made a binding election of remedies under Kansas law by unequivocally denying the validity of a release in her initial suit, thus barring her subsequent suit against the insurer based on the fraudulent procurement of that same release.
• Gralynn Laundry, Inc. v. The Va. Bond & Mortg. Corp.
  121 Fla. 312· Fla.· 1935-10-29 ·cited 18×
  In this 1935 Florida case, a bondholder sought to foreclose a trust deed securing bonds issued by a laundry company, while a machinery supplier asserted retained-title contracts in the same property. The court upheld the bondholder's right to attorney's fees and priority status b
• Pierre Villeneuve for Lehman Mfg. (Canada), Ltd. v. Atlas Yacht Sales, Inc.
  483 So. 2d 67· Fla. 4th DCA· 1986-02-05 ·cited 13×
  Barbe recovered a default judgment for treble damages against Tashea and Atlas based on theft of yacht purchase funds, then sought to recover the substitute yacht from Villeneuve in a separate counterclaim. The court held Barbe's election to pursue the money judgment precluded re
• 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
• Cordell v. World Ins. Co.
  358 So. 2d 223· Fla. 1st DCA· 1978-04-25 ·cited 12×
  Appellants sued for both damages and rescission of an insurance contract. The trial court ordered them to elect between remedies before the defendant answered or discovery occurred. The appellate court reversed, holding that while plaintiffs cannot recover on inconsistent remedie
• United Cos. Fin. Corp. v. Bergelson
  573 So. 2d 887· Fla. 4th DCA· 1990-12-12 ·cited 11×
  United Companies Financial Corporation appealed a trial court decision that awarded appellees ownership of real property in a foreclosure action. The appellate court held that appellees' prior election of a conversion remedy (which yielded monetary damages for the lost property)
• Bliss & Laughlin Indus., Inc. v. Malley
  364 So. 2d 65· Fla. 4th DCA· 1978-11-08 ·cited 11×
  The court held that the trial court erred in allowing plaintiffs to simultaneously pursue rescission of contracts and damages for negligent misrepresentation, as these are inconsistent remedies.
• Cooley v. Rahilly
  200 So. 2d 258· Fla. 4th DCA· 1967-05-29 ·cited 11×
  A settlement and release of a claim against one tortfeasor does not estop a plaintiff from pursuing a separate and distinct claim against another tortfeasor for a different tort, especially when damages have not been fully adjudicated.
• Mizell Live Stock Co. v. J. J. McCaskill Co.
  62 Fla. 239· Fla.· 1911-06-01 ·cited 6×
  The Florida Supreme Court reversed a lower court's decision that barred a replevin action based on a prior foreclosure suit. The court found that the foreclosure suit, filed after the replevin action, did not constitute an election of remedies that would prevent the replevin suit
• Alvarez v. Puleo
  561 So. 2d 437· Fla. 2d DCA· 1990-05-16 ·cited 4×
  The Alvarezes appealed a trial court's dismissal of their complaint based on its requirement that they elect between two inconsistent remedies before trial began. The Florida Second District Court of Appeal reversed, holding that election of remedies need only occur before judgme
• Sehringer v. Big Lots, Inc.
  532 F. Supp. 2d 1335· M.D. Fla.· 2007-10-03 ·cited 3×
  The court held that the defendant's operational control over its subsidiary established sufficient minimum contacts for personal jurisdiction and that service of process on the subsidiary was valid substitute service on the parent.
• Ehrman v. Mann
  979 So. 2d 1011· Fla. 4th DCA· 2008-03-05 ·cited 2×
  The court held that the doctrine of election of remedies did not preclude enforcement of a settlement agreement because the remedies pursued were cumulative and not inconsistent.
• Burrus v. Am. Cas. Co.
  518 F.2d 1267· 7th Cir.· 1975-07-18 ·cited 2×
  A party who prosecutes one of two coexisting but inconsistent remedies to a final judgment is precluded from thereafter suing on the other remedy.
• Flinn v. Doty
  275 So. 3d 671· Fla. 4th DCA· 2019-07-10 ·cited 1×
  A party who forecloses on property to satisfy equitable liens and obtains a judicial sale has elected that remedy and cannot thereafter obtain a money judgment for the entire lien amount; the party must pursue a deficiency decree instead.
• Medcom Holding Co. v. Baxter Travenol Labs., Inc.
  984 F.2d 223· 7th Cir.· 1993-01-26
  The court held that the district court properly construed the stock purchase agreement to require the transfer of 100% of EPI stock and that specific performance was an appropriate remedy for the breach.
• The Dean Co. v. U.S. Home Corp., Inc.
  523 So. 2d 1152· Fla. 2d DCA· 1987-12-30
  Dean Company appealed a trial court order permitting U.S. Home Corporation to pursue an amended complaint asserting a claim for contribution against Dean. The appellate court enforced its prior mandate and held that U.S. Home's election of indemnification as its remedy at trial f