Indispensable Party

1,075 Florida cases classified under this topic, plus 32 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Lovett v. Lovett
  112 So. 768· Fla.· 1927-03-29 ·cited 369×
  In this partition case, the Florida Supreme Court addresses whether additional land can be brought before a court through a defendant's answer and counter-claim without making necessary parties (two minor co-defendants) parties to that counter-claim. The Court holds that the proc
• Delno v. Mkt. ST. RY. Co.
  124 F.2d 965· 9th Cir.· 1942-01-15 ·cited 214×
  The court affirmed the dismissal, holding that declaratory relief was inappropriate because necessary parties (bondholders who agreed to the extension) were not joined, thus preventing the judgment from settling the controversy.
• Barragan v. City OF Miami
  545 So. 2d 252· Fla.· 1989-04-20 ·cited 146×
  The Florida Supreme Court held that municipalities cannot offset workers' compensation benefits against pension benefits through local ordinance, as such offsets violate state workers' compensation law (§440.21) which preempts local regulation. The Court answered a certified ques
• Kaplan v. Int'l Alliance OF Theatrical & Stage Emps. & Motion Picture Mach. Operators OF the United States & Canada
  525 F.2d 1354· 9th Cir.· 1975-11-05 ·cited 110×
  The court held that both the International and Local 659 violated Title VII by maintaining a collective bargaining agreement with a seniority system (the Roster) that perpetuated past sex discrimination, and that the International was sufficiently named in the EEOC charge.
• Buder v. Becker
  185 F.2d 311· 8th Cir.· 1950-11-24 ·cited 104×
  The court held that a foreign executor had capacity to sue in Missouri under Mo. R.S.A. § 272, and that the trial court's findings were not clearly erroneous, affirming the judgment for the plaintiff.
• Butler v. Local Union 823
  514 F.2d 442· 8th Cir.· 1975-03-18 ·cited 99×
  The court held that neither the employer nor the union claims were barred by the statute of limitations, and the jury instructions regarding contract interpretation and fair representation were proper, but the award of punitive damages was erroneous.
• Harvey Aluminum, Inc. v. Am. Cyanamid Co.
  203 F.2d 105· 2d Cir.· 1953-03-16 ·cited 92×
  The court held that a voluntary dismissal under Rule 41(a)(1) was ineffective because it occurred after significant proceedings and the merits had been addressed, and that the denial of an injunction against foreign proceedings was also erroneous.
• Evans v. Sheraton Park Hotel
  503 F.2d 177· D.C. Cir.· 1974-09-12 ·cited 90×
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  520 F.2d 420· 2d Cir.· 1975-08-06 ·cited 86×
  The court held that while the examination was unconstitutionally discriminatory, the imposition of permanent quotas for promotion was improper reverse discrimination. Interim appointment procedures were affirmed, but permanent quotas and attorney's fees were reversed.
• Bradley v. Milliken
  484 F.2d 215· 6th Cir.· 1973-06-12 ·cited 83×·via Necessary And Indispensable Parties
  The majority opinion allows parties to offer additional evidence on remand but upholds prior rulings on segregation and desegregation plans as not clearly erroneous.
• Struble v. NEW Jersey Brewery Emps'. Welf. Tr. Fund
  732 F.2d 325· 3d Cir.· 1984-04-16 ·cited 81×
  The court held that the "then current" collective bargaining agreement referred to the agreement in effect at the time payment was due, not at the time of retirement, thus affirming summary judgment for employers on Count I. For Count IV, the court held that the "arbitrary and ca
• Liberles v. Cnty. OF Cook
  709 F.2d 1122· 7th Cir.· 1983-05-26 ·cited 74×
  The court held that the filing of an EEOC charge is not a jurisdictional prerequisite for suit under Title VII and that defendants waived objections by failing to raise them in the district court. The court affirmed summary judgment on the merits of the disparate impact claim but
• Mason W. Alger v. Peters
  88 So. 2d 903· Fla.· 1956-04-04 ·cited 69×
  Six tenant farmers appeal a contempt decree entered against them for violating an injunction in a dispute between the landowner Peters and South Dade Farms, Inc. The Florida Supreme Court reversed, holding that the tenants, who were not parties to the original injunction suit and
• State OF Wash. v. Udall
  417 F.2d 1310· 9th Cir.· 1969-10-14 ·cited 68×
  The court held that the district court properly applied the doctrine of sovereign immunity and dismissed the action against the United States.
• Grammer v. Roman
  174 So. 2d 443· Fla. 2d DCA· 1965-04-15 ·cited 68×
  A Florida appellate court affirmed the denial of a motion to dismiss in a specific performance action involving an Illinois land trust deed. The court held that under Florida's 1963 remedial statute governing land trusts, a trustee has full power to convey trust property without
• Calcote v. Tex. Pac. Coal & OIL Co.
  157 F.2d 216· 5th Cir.· 1946-07-31 ·cited 66×
  The court held that the absence of indispensable parties requires reversal, even if the original parties are satisfied with the judgment.
• Ferdinand Henry Schutten v. Shell OIL Co.
  421 F.2d 869· 5th Cir.· 1970-01-30 ·cited 65×
  The court held that the Orleans Levee Board is an indispensable party whose joinder would destroy diversity jurisdiction, and therefore, the case should be dismissed in equity and good conscience.
• The Dredge Corp. v. Penny
  338 F.2d 456· 9th Cir.· 1964-11-13 ·cited 63×
  The court held that the district court erred in denying oral argument on the summary judgment motions based on a local rule that did not permit opposing parties to request oral argument, requiring reversal and remand.
• Hudson v. Newell
  172 F.2d 848· 5th Cir.· 1949-02-24 ·cited 63×
  The court held that while full relief cannot be granted due to absent indispensable parties, limited relief is possible, and the suits should not have been dismissed for lack of jurisdiction.
• Hensgens v. Deere & Co.
  833 F.2d 1179· 5th Cir.· 1987-12-17 ·cited 62×
  The court held that the district court lacked subject matter jurisdiction after a nondiverse party was added, requiring remand to state court. The court also vacated the order allowing the amendment and remanded for reconsideration of whether joinder was appropriate.
• Prairie Band OF the Pottawatomie Tribe OF Indians v. Udall
  355 F.2d 364· 10th Cir.· 1966-01-24 ·cited 61×
  The court held that 28 U.S.C. § 1361 does not provide jurisdiction for this case because the Secretary of the Interior's actions regarding the tribal membership roll do not constitute a ministerial duty owed to the appellants.
• Local NO. 3-193 Int'l Woodworkers OF Am. v. Ketchikan Pulp Co.
  611 F.2d 1295· 9th Cir.· 1980-01-21 ·cited 60×
  The court held that while it has jurisdiction to interpret the collective bargaining agreement, Section 301 does not grant federal courts initial authority to determine representation issues or appropriate bargaining units, which fall under the NLRB's primary jurisdiction. A cont
• Alario v. Miller
  354 So. 2d 925· Fla. 2d DCA· 1978-02-01 ·cited 57×
  Stockholders of a minority-held corporation sued individual defendants for negligence, breach of fiduciary duty, and misappropriation of corporate assets. The court reversed the judgment, holding that the stockholders had misconceived their remedy by bringing an individual action
• Gilliam v. Am. Broad. Cos., Inc.
  538 F.2d 14· 2d Cir.· 1976-06-30 ·cited 56×
  The court held that the Lanham Act does not apply to claims of artistic integrity or distortion of a work, but only to misdescriptions of origin.
• Rev. Donald L. Jackson v. The Statler Found.
  496 F.2d 623· 2d Cir.· 1973-12-04 ·cited 56×
  The dissent argues that tax exemptions for private charitable foundations do not constitute government action, and therefore, these foundations are not subject to civil rights suits for their grant-making decisions.
• Trueman Fertilizer Co. v. Allison
  81 So. 2d 734· Fla.· 1955-07-29 ·cited 56×
  Trueman Fertilizer Co. sued to foreclose a lien based on its redemption of tax sale certificates against lands that were assets of Wise Perry's unadministered estate. The Florida Supreme Court reversed the trial court's dismissal, holding that the creditor had sufficient equitabl
• Keegan v. Humble OIL & Ref. Co.
  155 F.2d 971· 5th Cir.· 1946-06-13 ·cited 56×
  The court held that absent owners of overriding royalty interests were indispensable parties, and their joinder was necessary for the court to proceed.
• Morgan Guar. Tr. Co. OF NEW York v. Martin
  466 F.2d 593· 7th Cir.· 1972-08-15 ·cited 53×
  The court held that the district court abused its discretion by dismissing the action under Rule 19 for failure to join an indispensable party, as there was no substantial risk of double liability for the defendant.
• S. Cal. Petroleum Corp. v. Harper
  273 F.2d 715· 5th Cir.· 1960-01-08 ·cited 53×
  The court held that the federal court did not err in refusing to enjoin state court proceedings or in dismissing the federal suit, as the state action did not relitigate issues already decided and federal interference was unwarranted.
• Shibata v. Lim
  133 F. Supp. 2d 1311· M.D. Fla.· 2000-12-11 ·cited 52×
  The court adopted the Magistrate Judge's recommendation, granting dismissal of certain counts and striking attorney's fees, finding the plaintiff was not a consumer under DUTPA and the good faith claim was duplicative.
• Prairie Band OF the Pottawatomie Tribe OF Indians v. Mage N. Puckkee
  321 F.2d 767· 10th Cir.· 1963-08-07 ·cited 52×
  The court held that the district court correctly dismissed the suit for lack of federal question jurisdiction, as the dispute was an intra-tribal matter concerning fund distribution, not a substantial federal law issue.
• Ned Wedgeworth, Jr. v. Fibreboard Corp.
  706 F.2d 541· 5th Cir.· 1983-05-24 ·cited 51×
  The automatic stay under 11 U.S.C. § 362 does not extend to co-defendants of a debtor in bankruptcy, and discretionary stays are not warranted when plaintiffs face significant hardship and proceedings are indefinite. Leave to amend to add liability insurers under the Louisiana Di
• Ivana Field v. Volkswagenwerk AG
  626 F.2d 293· 3d Cir.· 1980-07-10 ·cited 51×
  The court held that the district court's record was insufficient to determine if Ivana was an indispensable party and that the complaint could be amended to substitute Lucille as administratrix to cure defective jurisdictional allegations.
• Pepsico, Inc. v. Fed. Trade Comm'n
  472 F.2d 179· 2d Cir.· 1972-11-20 ·cited 51×
  The dissenting judge would have remanded the case to the District Court with instructions to enjoin the FTC from proceeding until the PepsiCo bottlers were made parties.
• Ms. Rosie Lee Pegues v. Miss. State Emp. Serv. OF the Miss. Emp. Sec. Comm'n
  699 F.2d 760· 5th Cir.· 1983-03-11 ·cited 50×
  The court held that the district court did not abuse its discretion in limiting the class to Bolivar County, but reversed and remanded regarding the dismissal of certain claims, finding that the testing issue fit the disparate impact model and that some referral evidence supporte
• Northrop Corp. v. McDONNELL Douglas Corp.
  705 F.2d 1030· 9th Cir.· 1983-02-28 ·cited 50×
  The court held that the district court erred in dismissing Northrop's claims for lack of jurisdiction and indispensable party, and in granting summary judgment, because the claims did not fall exclusively under 22 U.S.C. § 2356 and the Government was not a necessary party.
• Augusta Kephart v. Pickens
  271 So. 2d 163· Fla. 4th DCA· 1972-12-29 ·cited 50×
  Augusta Kephart appealed the dismissal of her negligence action against Jack Pickens and his insurer, Nationwide, arising from an automobile-pedestrian collision in Kentucky. The court affirmed the dismissal on the ground that Kephart failed to join the insured (Pickens) as an in
• Willey v. W. J. Hoggson Corp.
  90 Fla. 343· Fla.· 1925-10-17 ·cited 50×
  The Florida Supreme Court dismissed an appeal brought by trustees and beneficiaries of a so-called "common law trust" challenging a prior foreclosure decree that resulted in the sale of valuable property. The Court held that the purported trust was actually a co-partnership that
• HERTZ Corp. v. Piccolo
  453 So. 2d 12· Fla.· 1984-04-05 ·cited 49×
  The Florida Supreme Court held that Louisiana's direct action statute, which permits injured parties to sue an insurer directly without joining the tortfeasor, is substantive law that applies in Florida courts. The Court rejected Hertz's argument that joinder of the tortfeasor is
• Quabaug Rubber Co. v. Fabiano Shoe Co., Inc.
  567 F.2d 154· 1st Cir.· 1977-10-31 ·cited 49×
  Quabaug, as a licensee, lacks standing to sue for federal trademark infringement but has standing under 15 U.S.C. § 1125(a) for false designation of origin. The court affirmed injunctive relief for the § 1125(a) violation but reversed the award of damages.
• Fla. Dep't OF Revenue v. James (Willie) Cummings
  930 So. 2d 604· Fla.· 2006-05-11 ·cited 48×
  The Florida Supreme Court held that a legal father (a man married to the child's mother at the time of birth) is an indispensable party in paternity actions brought by the Department of Revenue to establish that another man is the biological father and owes child support, resolvi
• Gladys Caperton as representative of a class of Prop. owners having more than $10 v. Beatrice Pocahontas Coal Co. and/or Va. Pocahontas Coal Co. and/or Island Creek Coal Co.
  585 F.2d 683· 4th Cir.· 1978-10-19 ·cited 48×
  The court held that appeals were timely because the district court never properly entered judgment on a separate document, and thus the time to appeal had not begun to run. The court affirmed the district court's dismissal for lack of diversity jurisdiction.
• Montgomery Ward & Co., Inc. v. Langer
  168 F.2d 182· 8th Cir.· 1948-05-28 ·cited 48×
  The court held that the trial court erred in dismissing the action because a right to some adjudication through class representation might exist, and relief could potentially exist against personally served individuals.
• Fla. Land Rock Phosphate Co. v. Anderson
  50 Fla. 501· Fla.· 1905-06-01 ·cited 48×·via Necessary And Indispensable Parties
  The Florida Supreme Court reversed and remanded a decree in a long-pending land dispute because necessary and indispensable parties (Graham and Stevens) were improperly dismissed from the bill without being adjudicated. The court emphasized the importance of proper pleading and c
• Fla. Exp. Tobacco Co., Inc. v. Dep't OF Revenue & Gerald Lewis
  510 So. 2d 936· Fla. 1st DCA· 1987-06-26 ·cited 47×·via Necessary And Indispensable Parties
  This case addresses whether Florida circuit courts retain exclusive original jurisdiction over cases challenging the legality of tax assessments, or whether the 1974 amendments to the Administrative Procedures Act conferred concurrent jurisdiction on the Department of Revenue and
• The Clarkson Co. v. Shaheen
  544 F.2d 624· 2d Cir.· 1976-11-01 ·cited 47×
  The court held that diversity jurisdiction exists and that the district court properly granted a preliminary injunction to a Canadian bankruptcy trustee seeking corporate records in New York.
• Adams v. Witmer
  271 F.2d 29· 9th Cir.· 1958-12-10 ·cited 46×
  The court held that the Administrative Procedure Act allows for judicial review of agency orders and authorizes injunctive relief, and that the abatement of an action against one party due to retirement does not necessarily abate the action against another party.
• Challenge Homes, Inc. v. Greater Naples Care Ctr., Inc.
  669 F.2d 667· 11th Cir.· 1982-03-05 ·cited 44×
  A party is not indispensable under Rule 19 if their absence does not prevent complete relief among existing parties and does not practically impair their own interests or subject existing parties to inconsistent obligations.
• In re Merrimack Mut. Fire Ins. Co.
  587 F.2d 642· 5th Cir.· 1978-09-28 ·cited 44×
  The appellate court denied the petition for a writ of mandamus, holding that while mandamus is an appropriate remedy to compel a district court to retain an erroneously remanded case, it is limited to situations where the district court explicitly states reliance on non-statutory
• Tri-Cities Newspapers, Inc. v. Tri-Cities Printing Pressmen & Assistants' Local 349
  427 F.2d 325· 5th Cir.· 1970-05-14 ·cited 44×
  The court held that the case must be remanded to state court because the international union's status as a nominal party was not sufficiently established by the record, requiring further factual development.