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

• Smith v. Sperling
  237 F.2d 317· 9th Cir.· 1956-05-21 ·cited 9×
  The court held that the trial court properly realigned the corporation as a plaintiff, thus destroying diversity jurisdiction for the first cause of action. However, the court reversed the dismissal of the second cause of action, finding the trial court should have first assessed
• Jimenez v. Barber
  226 F.2d 449· 9th Cir.· 1955-10-13 ·cited 9×
  The court held that the appellant presented substantial questions for appeal and granted a stay of deportation pending further order.
• Mrs. Florence R. Elbert v. Lumberman's Mut. Cas. Co.
  202 F.2d 744· 5th Cir.· 1953-02-18 ·cited 9×
• Whelan v. Placid OIL Co.
  198 F.2d 39· 5th Cir.· 1952-07-24 ·cited 9×
  The court held that parties with interests in a unitized oil and gas lease are indispensable parties to a suit concerning title to that leasehold estate.
• Prevatt v. The Fed. Land Bank of Columbia
  129 Fla. 464· Fla.· 1937-10-20 ·cited 9×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed the trial court's denial of the defendant mortgagors' motion to dismiss a foreclosure complaint filed by the Federal Land Bank of Columbia. The court resolved whether a guarantor or co-maker of the underlying n
• Auburn Auto. Co. v. Namor Corp.
  106 Fla. 594· Fla.· 1932-08-28 ·cited 9×·via Necessary And Indispensable Parties
  A Florida creditors' class action suit involved Auburn Automobile Company's disallowed preference claim against a receiver administering Habig Motors Company's assets. The Supreme Court upheld the sufficiency of the notice of appeal, holding that naming the original complainant c
• In re the Receivership OF Guar. Sec. Life Ins. Co. v. State
  678 So. 2d 828· Fla. 1st DCA· 1996-06-19 ·cited 8×
  A receivership court has no statutory authority under section 631.041 to partially lift the automatic stay to allow a receiver to be named as a nominal defendant in an action against third parties, nor to prohibit discovery from the receiver without express authorization.
• AL Packer, Inc. v. First Union Nat'l Bank OF Fla. & Gary Connor
  650 So. 2d 165· Fla. 3d DCA· 1995-02-08 ·cited 8×
  Al Packer, Inc., an intervenor in a replevin action, sought to transfer venue to Palm Beach County where an identical replevin action involving the same parties was previously filed. The court held that an indispensable party intervenor has standing to move for venue transfer and
• Azar v. Hayter
  874 F. Supp. 1314· N.D. Fla.· 1995-01-23 ·cited 8×
  The court held that condominium association fees are not 'debts' under the FDCPA, and attorneys filing suit to collect such fees are not 'debt collectors' under the Act.
• State v. Southpointe Pharmacy
  636 So. 2d 1377· Fla. 1st DCA· 1994-05-13 ·cited 8×
  The Florida Department of Health and Rehabilitative Services appealed a mandamus order requiring it to provide a pharmacy with a copy of an administrative hearing transcript upon payment of actual copying costs. The court affirmed, holding that once a transcript is filed with an
• Vaupel Textilmaschinen KG & Vaupel N. Am. v. Meccanica Euro Italia S.P.A. & Am. Trim Prods., Inc.
  944 F.2d 870· Fed. Cir.· 1991-09-13 ·cited 8×
  The court held that the agreements transferred all substantial rights in the patent, granting Vaupel standing to sue for infringement without joining the patentee. The court also held that Vaupel's delay in filing suit was excused by ongoing reissue proceedings and subsequent pro
• Confederated Tribes OF the Chehalis Indian Reservation v. Lujan
  928 F.2d 1496· 9th Cir.· 1991-04-03 ·cited 8×
  The court held that the district court did not abuse its discretion in dismissing the action because the Quinault Indian Nation is an indispensable party that cannot be joined due to sovereign immunity.
• Metro. Inv. Corp. v. Buchler
  575 So. 2d 262· Fla. 3d DCA· 1991-02-12 ·cited 8×
  Metropolitan Investment Corporation challenged a temporary injunction requiring it to remit lease payments to English insolvency administrators of Havelet Leasing, Ltd. The Florida appellate court affirmed the injunction, rejecting Metropolitan's arguments that the English receiv
• Schafer v. Bd. OF Pub. Educ. OF THE Sch. Dist. OF Pittsburgh
  903 F.2d 243· 3d Cir.· 1990-05-17 ·cited 8×
  The court held that a collective bargaining agreement provision granting childrearing leave only to female employees violates Title VII, and that the union may be sued even if not named in the initial EEOC charge if it had notice and shared interests with the named party.
• Georgianna Johnson v. KAY
  860 F.2d 529· 2d Cir.· 1988-10-25 ·cited 8×
  The court held that allegations of a coordinated scheme to suppress dissent and monopolize communication within a union, even if involving officers, can establish federal jurisdiction under the LMRDA, justifying pendent jurisdiction over related state law claims. The case was not
• Bonavista Condo. Ass'n, Inc. v. Bystrom
  520 So. 2d 84· Fla. 3d DCA· 1988-02-16 ·cited 8×
  The Florida Third District Court of Appeal affirmed the dismissal of a condominium association's ad valorem tax suit challenging individual unit assessments, holding that the association lacked standing because it failed to join necessary and indispensable parties: the individual
• Local 670 v. Int'l Union
  822 F.2d 613· 6th Cir.· 1987-06-26 ·cited 8×
  The court held that while the grievance is arbitrable, the district court erred in dismissing the case for failure to join Local 703, as it was not an indispensable party under Rule 19.
• Jaser v. NEW York Prop. Ins. Underwriting Ass'n & Adriano Fernandes
  815 F.2d 240· 2d Cir.· 1987-03-31 ·cited 8×
  The court held that the district court erred in denying leave to amend the complaint to drop nondiverse parties, as those parties were not indispensable. However, the dismissal for lack of diversity was proper.
• Bardomiano Aguilar & Rosa Aguilar v. LOS Angeles Cnty.
  751 F.2d 1089· 9th Cir.· 1985-01-15 ·cited 8×
  The court held that a minor child's potential collateral estoppel from a prior action, even if based on distinct causes of action, constitutes a sufficient 'interest' under Rule 19(a)(2) to require joinder if feasible, and dismissal under Rule 19(b) is appropriate if joinder woul
• In re Midwest Milk Monopolization Litig. State of Ill. v. Associated Milk Producers, Inc.
  730 F.2d 528· 8th Cir.· 1984-03-20 ·cited 8×
  The court held that indirect purchasers cannot recover damages under the Clayton Act if the alleged coconspirator middlemen are not joined as parties, due to the risk of duplicitous liability.
• Lopez v. Gen. Motors Corp.
  697 F.2d 1328· 9th Cir.· 1983-02-01 ·cited 8×
  The court held that the plaintiff's personal injury action was barred by the statute of limitations and that the trial court properly denied her motions to amend the complaint to add parties and to remand the case.
• Boone v. Gen. Motors Acceptance Corp.
  682 F.2d 552· 5th Cir.· 1982-08-13 ·cited 8×
  The court held that the car dealer was not an indispensable party, and therefore dismissal of the diversity action for failure to join the dealer was improper.
• S. Fla. Water Mgmt. Dist. v. Layton
  402 So. 2d 597· Fla. 2d DCA· 1981-08-26 ·cited 8×
  South Florida Water Management District appealed a trial court judgment granting John Layton a statutory way of necessity across the District's land to access his hemmed-in Hendry County property. The appellate court affirmed, holding that the District, as a state agency, is subj
• Adams v. The Travelers Ins. Co.
  359 So. 2d 457· Fla. 3d DCA· 1978-01-10 ·cited 8×
  Adams, George & Wood, P.A. appeals a summary judgment in a legal malpractice action brought by Travelers Insurance Company, which claimed the law firm was negligent in failing to consolidate two separate cases that resulted in duplicate judgments for the same property loss. The a
• Mendiola v. Hart
  561 F.2d 1207· 5th Cir.· 1977-10-28 ·cited 8×
  A district court cannot dismiss a diversity action solely because a related state court action is pending.
• Tampa Props., Inc. v. Great Am. Mortg. Invs.
  333 So. 2d 480· Fla. 2d DCA· 1976-06-18 ·cited 8×
  A Massachusetts business trust qualified to do business in Florida sought to foreclose a mortgage without joining its individual trustees as parties. The court held that a business trust registered under Florida law has sufficient legal capacity to foreclose a mortgage on its own
• The State OF NEW York v. White
  528 F.2d 336· 2d Cir.· 1975-12-29 ·cited 8×
  The court held that the state's complaint, as pleaded, did not establish federal question jurisdiction because it did not necessarily raise an issue of federal law, but allowed amendment.
• Sarasota Cnty. v. Stanton Inv. Co. OF Mo.
  283 So. 2d 152· Fla. 2d DCA· 1973-09-26 ·cited 8×
  The appellate court reviewed a summary judgment granted to the owner, which required the county to revoke a temporary use permit issued to the owner's lessee.
• Wright v. The First Nat'l Bank OF Altus
  483 F.2d 73· 10th Cir.· 1973-07-30 ·cited 8×
  The court held that the trial court erred in dismissing the action based on the absence of a 'necessary' party without conducting the required 'equity and good conscience' analysis under Rule 19(b).
• The Seven-Up Co. v. Fed. Trade Comm'n
  478 F.2d 755· 8th Cir.· 1973-05-31 ·cited 8×
  The court held that the district court properly dismissed Seven-Up's claim for lack of subject matter jurisdiction, as judicial intervention in ongoing agency proceedings is generally barred.
• Chapman v. L & N Grove, Inc.
  265 So. 2d 725· Fla. 2d DCA· 1972-07-28 ·cited 8×
  Chapman sued L & N Grove and Paul Curtis for breach of fiduciary duty in a land transaction, alleging fraudulent misrepresentation of property value. The trial court entered judgment making defendants constructive trustees, but later vacated the judgment based on the corporation'
• Fifty Assocs. v. The Prudential Ins. Co. OF Am.
  450 F.2d 1007· 9th Cir.· 1971-11-04 ·cited 8×
  The court held that Prudential's statement regarding property value was not a misrepresentation of fact and that Fifty's reliance was not justifiable, thus summary judgment for foreclosure was proper.
• In re Penn Cent. Transp. Co.
  446 F.2d 1109· 3d Cir.· 1971-07-16 ·cited 8×
  The court held that the reorganization court did not abuse its discretion in enjoining litigation affecting train discontinuances and in denying leave to join the debtor in a separate action challenging labor protective provisions, as these actions were necessary to prevent inter
• Biscayne Kennel Club, Inc. v. Bd. OF Bus. Reg. of the State of Fla.
  239 So. 2d 53· Fla. 1st DCA· 1970-08-31 ·cited 8×
  Biscayne Kennel Club challenged the Division of Pari-Mutuel Wagering's allocation of racing dates for four dog tracks in the greater Miami area using a 52-52 plan (52 days opposed, 52 days unopposed for each track). The court upheld the allocation, finding the Division had discre
• The First Nat'l Bank OF Toms River v. Marine City, Inc.
  411 F.2d 674· 3d Cir.· 1969-05-21 ·cited 8×
  The court held that the District Court correctly denied the motion to compel the turnover of the promissory note because the third-party action had been terminated by a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1).
• Indian Lake Club v. Hainsworth
  212 So. 2d 915· Fla. 2d DCA· 1968-07-31 ·cited 8×
  Indian Lake Club, a non-profit corporation representing lot owners at Indian Lake Estates, sued to preserve a $100,000 trust fund that club officers had transferred $55,000 from to themselves as trustees. The court reversed and remanded because an indispensable party (Florence Mc
• The Superior OIL Co. v. United States
  353 F.2d 34· 9th Cir.· 1965-10-28 ·cited 8×
  The court held that the patent to the mission did not carry an implied easement of access for the lessee's oil and gas drilling purposes, meaning the officers acted within their authority in barring access.
• Shuford v. Anderson
  352 F.2d 755· 10th Cir.· 1965-07-27 ·cited 8×
  The court held that the appellant's argument regarding defective substituted service was likely waived but, even if considered, was without merit. The primary issue on appeal was venue, not service of process.
• Martens v. Lyman G. Winder
  341 F.2d 197· 9th Cir.· 1965-02-01 ·cited 8×
  The court held that the district court properly dismissed the complaint for lack of in personam jurisdiction over the defendant, as service was not effected in accordance with applicable federal and state rules for non-resident defendants.
• Carroll W. Britton v. Green
  325 F.2d 377· 10th Cir.· 1963-11-29 ·cited 8×
  The court held that a receiver could be appointed for the mortgaged property under the second claim, as the mortgage expressly allowed it, and absent co-tenants were not indispensable parties to that specific relief. However, a receiver could not be appointed under the first clai
• RIO Hondo Harvesting Ass'n v. Johnson
  290 F.2d 471· 5th Cir.· 1961-05-12 ·cited 8×
• Zirin v. McGINNES
  282 F.2d 113· 3d Cir.· 1960-08-01 ·cited 8×
  The court held that Treasury Department Order No. 150-27 and subsequent regulations did not delegate to the District Director the authority to dismiss the appellant, an Internal Revenue employee.
• Hobart Alexander v. Booker T. Washington
  274 F.2d 349· 5th Cir.· 1960-01-19 ·cited 8×
  The court held that a party alleged to be non compos mentis, whose interests are aligned with the plaintiffs, must be realigned as a plaintiff, destroying diversity jurisdiction.
• Adamietz v. Smith
  273 F.2d 385· 3d Cir.· 1960-01-08 ·cited 8×
  The members of the Civil Service Commission are indispensable parties to an action seeking to annul a discharge and the Commission's affirmance thereof.
• William A. NIX (and 43 Others) v. Spector Freight Sys., Inc.
  264 F.2d 875· 3d Cir.· 1959-02-09 ·cited 8×
• OTT v. Home Sav. & Loan Ass'n
  265 F.2d 643· 9th Cir.· 1958-10-20 ·cited 8×
  The court held that the written commitment was an offer to Harold L. Shaw personally, not assignable to a third party, and thus the purported assignees had no rights thereunder.
• Switzer Bros., Inc. v. Byrne
  242 F.2d 909· 6th Cir.· 1957-04-08 ·cited 8×
  A patent licensee without title cannot sue for infringement without joining the patent owners as indispensable parties, and a subsequent assignment cannot cure the defect if the suit was filed without them.
• Frieda Rader and Paul Rader v. Mfrs. Cas. Ins. Co. OF Philadelphia
  242 F.2d 419· 2d Cir.· 1957-03-05 ·cited 8×
  The appellate court held that the District Court should have dismissed the complaint for lack of jurisdiction, not on res judicata grounds, because indispensable parties destroyed diversity jurisdiction.
• Gramatan-Sullivan, Inc. v. Koslow
  240 F.2d 523· 2d Cir.· 1957-01-07 ·cited 8×
  A contractor is not required to hold interim payments intact as a trust fund for future claims; payments are only secured to the extent of existing claims at the time of payment.
• Gen. Houses, Inc. v. Marloch Mfg. Corp.
  239 F.2d 510· 2d Cir.· 1956-12-26 ·cited 8×
  The court held that the plaintiff's refusal to submit to examination under discovery rules justified dismissal.