Indispensable Party

1,074 Florida cases classified under this topic · sorted by citation count

• Fouke v. Schenewerk
  197 F.2d 234· 5th Cir.· 1952-06-18 ·cited 4×
  The court held that the trial court lacked substantive jurisdiction because indispensable parties, who were citizens of Texas, were improperly dismissed to cure a diversity jurisdiction defect.
• Baxter v. Pace
  193 F.2d 20· D.C. Cir.· 1951-10-25 ·cited 4×
  The court held that the plaintiff's current action is barred by laches due to his significant delay in pursuing his claims effectively.
• Mallin v. Schaper
  185 F.2d 1· 7th Cir.· 1950-11-02 ·cited 4×
  The court held that the surviving partner was an indispensable party, and because his presence would destroy diversity jurisdiction, the trial court lacked jurisdiction to hear the case.
• Etten v. Lovell MFG. Co.
  184 F.2d 737· 3d Cir.· 1950-09-29 ·cited 4×
  The court held that the lower court's judgment must be vacated and the case remanded for reconsideration, as the record concerning the plaintiff's title and standing to sue was unclear and potentially lacked an indispensable party.
• Daggs v. Klein
  169 F.2d 174· 9th Cir.· 1948-08-09 ·cited 4×
  The Secretary of the Navy is an indispensable party to suits seeking reinstatement and compensation for federal civil service employees removed under national security provisions, and thus the suits were properly dismissed for lack of jurisdiction over the Secretary.
• Gall v. Brashier
  169 F.2d 704· 10th Cir.· 1948-08-06 ·cited 4×
  The court held that an executed oil and gas lease, even if undelivered, can serve as a sufficient memorandum under the statute of frauds, and that related writings like telegrams can be considered together.
• Thomas v. Thomas
  165 F.2d 332· 5th Cir.· 1947-12-31 ·cited 4×
  The court held that realigning a party as a plaintiff to destroy diversity jurisdiction was premature when no issue had yet been joined regarding the validity of the deed or title to the property.
• Greer v. Cline
  148 F.2d 380· 6th Cir.· 1945-03-26 ·cited 4×
  The court held that the War Food Administrator's discretionary assignment of inspectors was not an abuse of power, and the subordinate official could be enjoined without joining the Administrator if the action was void, but here it was not.
• Thorne v. COE
  143 F.2d 155· D.C. Cir.· 1944-06-19 ·cited 4×
  The court held that the suit could proceed against the Commissioner of Patents, but not against Carney, due to jurisdictional and venue issues.
• Hale v. Campbell
  127 F.2d 594· 8th Cir.· 1942-04-23 ·cited 4×
  The court held that the executor and devisees/legatees of the deceased wife's estate were not indispensable parties to the plaintiff's suit to quiet title to Iowa real estate and bonds.
• Miller v. Mangus
  125 F.2d 507· 10th Cir.· 1942-01-12 ·cited 4×
  A joint tenant's failure to timely join bankruptcy proceedings before forfeiture renders their interest unadministrable, making them an indispensable party whose absence deprives the court of jurisdiction over the entire property.
• Berger v. Ohlson
  120 F.2d 56· 9th Cir.· 1941-05-14 ·cited 4×
  The court held that the City Dock is part of the Alaska Railroad Terminal Reserve, owned by the United States, and thus the appellees, as officials of the railroad, had the authority to prevent the appellant from using it without paying wharfage fees.
• Blatt v. Goldner
  2011 WL 13108060· S.D. Fla.· 2024-08-21 ·cited 3×
  Plaintiff Eli Blatt sued his business partner Marc Goldner and related parties after Goldner allegedly misrepresented his business prospects and failed to properly title and assign cryptocurrency assets (NFTs and bitcoin miners) purchased with Blatt's funds to their jointly-owned
• Greater Miami Expressway Agency v. Miami-Dade Cnty. Expressway Auth.
  393 So. 3d 794· Fla. 3d DCA· 2023-10-25 ·cited 3×
  The Transfer Agreement conveyed only operational and financial control of the expressway system to MDX, not ownership; therefore, FDOT is an indispensable party whose absence requires dismissal of the action to quiet title without prejudice.
• Kermes v. Citizens Prop. Ins. Corp.
  327 So. 3d 352· Fla. 3d DCA· 2021-07-21 ·cited 3×
  A petition for writ of certiorari challenging a trial court's denial of a motion to dismiss for failure to join an indispensable party lacks jurisdictional basis and must be dismissed, as the remedy must be pursued through postjudgment appeal.
• Cornfeld v. Plaza of the Americas Club
  273 So. 3d 1096· Fla. 3d DCA· 2019-05-01 ·cited 3×
  Robert Cornfeld, a shareholder of Plaza of the Americas Club, Inc., appealed the trial court's dismissal of his derivative suit challenging the Club's refusal to sell property and failure to pursue a claim against RK Centers for sewer line damage. The trial court appointed an ind
• Daria Pastouhkova Gogoleva v. Soffer
  187 So. 3d 268· Fla. 3d DCA· 2016-02-17 ·cited 3×
  Gogoleva appeals orders dismissing her complaint against defendants for fraudulent inducement regarding a settlement release of a helicopter crash that killed her husband. The court affirms dismissal of her rescission claim due to indispensable parties but reverses dismissal of h
• Gilbert v. State Farm Mut. Auto. Ins. Co.
  M.D. Fla.· 2015-11-05 ·cited 3×
• Inglis v. Casselberry
  137 So. 3d 389· Fla. 2d DCA· 2013-11-27 ·cited 3×
  A former husband's attorney, appointed as trustee of discretionary trusts, challenged the trial court's personal jurisdiction over him in an alimony enforcement action. The court affirmed that the trustee voluntarily submitted to jurisdiction by appearing at hearings, filing moti
• Carbon Cap. II v. Est. OF James Wallace Tutt, III
  107 So. 3d 1239· Fla. 3d DCA· 2013-02-27 ·cited 3×
  Carbon Capital II and Hotel 71 Mezz Lender, LLC appealed summary judgments entered in favor of the Estate of James Wallace Tutt, III in two garnishment actions arising from a sale of Bahamian real property (Caribe Cay) from Tutt to Guy Mitchell. The central issue was whether the
• Tedeschi v. Surf Side Tower Condo. Ass'n, Inc.
  35 So. 3d 915· Fla. 2d DCA· 2010-03-24 ·cited 3×
  The Tedeschis sought certiorari review of an order requiring them to join all condominium unit owners as indispensable parties to their declaratory action seeking rights to a specific parking space. The court granted the petition, holding that the condominium association could be
• Bethel v. Sec. Nat'l Ins. Co.
  949 So. 2d 219· Fla. 3d DCA· 2006-12-20 ·cited 3×
  Security National Insurance Company sought declaratory relief to deny coverage under a household exclusion for injuries sustained by Laika Fernandez, a passenger in a car driven by Gregory Bethel. The court reversed summary judgment, holding that Laika did not qualify as a "famil
• The Sch. Bd. OF Miami-Dade Cnty. v. King
  940 So. 2d 593· Fla. 1st DCA· 2006-10-31 ·cited 3×
  School boards challenged the 2004-2005 General Appropriations Act's adoption of a new amenity-adjusted wage-based methodology for calculating the Florida Price Level Index (FPLI), which reduced their K-12 funding compared to the traditional market-basket approach. The appellate c
• Haire v. Overseas Holdings Ltd. P'ship
  908 So. 2d 580· Fla. 2d DCA· 2005-08-12 ·cited 3×
  Ernest Haire sued OHLP for fraud and misrepresentation after being denied the right to sell pledged stock to repay a loan, when he discovered the lender had misrepresented that loan funds were unencumbered despite being subject to a federal receivership. The trial court vacated a
• Friedman v. Snipes
  345 F. Supp. 2d 1356· S.D. Fla.· 2004-11-09 ·cited 3×
  The court denied the motion for a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their claims regarding absentee ballot delivery and counting.
• Mazza v. Santoni
  855 So. 2d 710· Fla. 4th DCA· 2003-10-08 ·cited 3×
  The court held that the trial court erred in dismissing the third amended complaint for failure to name indispensable parties and for departure of pleading.
• Campbell v. Napoli
  786 So. 2d 1232· Fla. 2d DCA· 2001-06-08 ·cited 3×
  The court held that a costs judgment entered after the plaintiff's death and without substitution of a successor party is erroneous.
• Anton Svadbik and John S. Svadbik v. Svadbik
  776 So. 2d 968· Fla. 3d DCA· 2000-12-27 ·cited 3×
  The court held that the trial court did not err in denying the father's motion to intervene and in disbursing sale proceeds to the wife, as the father had waived his interest by failing to act sooner.
• Lawrence v. Chapter 7 Tr. (In Re Lawrence)
  251 B.R. 630· S.D. Fla.· 2000-07-31 ·cited 3×
  The district court affirmed the bankruptcy court's turnover, contempt, and incarceration orders, finding the offshore trust was property of the estate and the debtor had the ability to comply with the turnover order.
• Broward Cnty. v. Michaelson
  674 So. 2d 152· Fla. 4th DCA· 1996-04-17 ·cited 3×
  Broward County challenged a trial court's invalidation of an administrative order and county ordinance imposing a $25 reset fee for continuances in traffic and misdemeanor cases. The Fourth District affirmed, holding that neither the chief judge nor the county commission had stat
• Duke & Benedict, Inc. v. Wolstein
  1993 WL 274350· M.D. Fla.· 1993-07-15 ·cited 3×
  The court held that adding an indispensable party that destroys diversity jurisdiction requires remand to state court, even if it was the plaintiff's intent to do so.
• Gen. Star Indem. Co. v. Puckit, L.C.
  818 F. Supp. 1526· M.D. Fla.· 1993-04-20 ·cited 3×
  The court granted the motion to dismiss, finding that the federal declaratory judgment action was an impermissible attempt at procedural fencing and that the state court action could better resolve all parties' claims.
• Meyerowich v. Carrere Gen. Contractors, Inc.
  611 So. 2d 41· Fla. 4th DCA· 1992-12-23 ·cited 3×
  The court held that the trial court erred in dismissing the mechanic's lien foreclosure action for failure to join an indispensable party when that party's claim had expired, and in denying the motion to intervene.
• Brazilian Court Hotel Condo. Owners Ass'n, Inc. v. Walker
  584 So. 2d 609· Fla. 4th DCA· 1991-08-07 ·cited 3×
  The Florida Fourth District Court of Appeal reversed the trial court's denial of class certification for a condominium association challenging property tax assessments. The court held that the 1988 amendment to Florida Statutes section 194.181 authorized condominium associations
• Durant v. Maher Chevrolet, Inc.
  759 F. Supp. 787· M.D. Fla.· 1991-03-13 ·cited 3×
  The court held that plaintiffs who did not file EEOC charges may join as plaintiffs in a joint action if named representatives complied with notice requirements and alleged class-wide discrimination. The court also held that genuine issues of material fact existed regarding an em
• Cas. Indem. Exch. v. High Croft Enters., Inc.
  714 F. Supp. 1190· S.D. Fla.· 1989-06-06 ·cited 3×
  The court held that adding the insurance agent as a party-plaintiff would destroy diversity jurisdiction, and that the insurer's declaratory judgment action constituted improper procedural fencing, warranting dismissal.
• Drexel Burnham Lambert, Inc. v. Warner
  665 F. Supp. 1549· S.D. Fla.· 1987-07-31 ·cited 3×
  The court held that the defendant did not waive its right to arbitration by filing a prior state court action, and thus denied the motion for summary judgment and preliminary injunction.
• Samaha v. The Presbyterian Hosp. IN the City OF NEW York
  757 F.2d 529· 2d Cir.· 1985-03-18 ·cited 3×
  The court held that a district court abuses its discretion by denying a motion to amend a complaint to drop non-diverse defendants solely to preserve diversity jurisdiction, absent prejudice to the remaining defendants.
• Lachmar v. Trunkline LNG Co. & Trunkline Gas Co.
  753 F.2d 8· 2d Cir.· 1985-01-14 ·cited 3×
  Arbitration can proceed without Marad being joined as a party because Marad did not assume the duty to arbitrate.
• Barkett v. The Hotsy Corp.
  399 So. 2d 385· Fla. 3d DCA· 1981-05-26 ·cited 3×
  The court held that H. B. & S., Inc. is not an indispensable party to an action where the plaintiff claims ownership of a stock certificate wrongfully transferred by the issuer.
• Barriat v. Autley F. Salahud-Din
  389 So. 2d 1216· Fla. 3d DCA· 1980-10-28 ·cited 3×
  The Florida Third District Court of Appeal reversed a trial court's denial of a motion to abate proceedings, holding that the plaintiffs failed to make a legally sufficient showing for substituted service of process on defendant Barriat. The court found that mere failure to locat
• Yancy Byrd, III v. Culver
  376 So. 2d 41· Fla. 4th DCA· 1979-10-24 ·cited 3×
  The employer's burden is satisfied by articulating a legitimate, nondiscriminatory reason for the employee's rejection, not by proving the absence of discriminatory motive.
• Ins. Co. OF N. Am. & Andrew Seidell v. Braddon
  285 So. 2d 634· Fla. 3d DCA· 1973-11-13 ·cited 3×
• The Travelers Indem. Co. v. Westinghouse Elec. Corp.
  429 F.2d 77· 5th Cir.· 1970-07-09 ·cited 3×
  The court held that the district court properly dismissed the action for failure to join indispensable parties, as their joinder would destroy diversity jurisdiction.
• Darin Skelly v. Angelle Skelly
  257 So. 3d 150· Fla. 5th DCA· 2018-10-26 ·cited 2×
  A party's timely written objection to referral to a general magistrate in a child support modification case constitutes a withdrawal of consent and requires the matter to be heard by a circuit judge. An administrative order that imposes additional requirements beyond those in Flo
• Biden v. Lord
  147 So. 3d 632· Fla. 1st DCA· 2014-09-16 ·cited 2×
  The Delaware Attorney General sought post-judgment intervention eight years after a 2004 final judgment modifying an Alfred duPont charitable trust, arguing he was an indispensable party. The Florida appellate court affirmed the trial court's denial, holding that post-judgment in
• Abramson v. Beer
  936 So. 2d 1208· Fla. 4th DCA· 2006-09-01 ·cited 2×
  Court affirmed dismissal of petition for mandatory injunction to remove judicial candidate from ballot because plaintiff failed to name indispensable parties (election officials) as defendants.
• Concerned Citizens OF Bayshore Cmty., Inc. v. LEE Cnty.
  923 So. 2d 521· Fla. 2d DCA· 2005-12-28 ·cited 2×
  The circuit court erred in dismissing the petition for failing to join U.S. Home as an indispensable party, as case law and procedural rules do not require such joinder in this context.
• Law Offs. of David J. Stern, P.A. v. Scor Reinsurance Corp.
  354 F. Supp. 2d 1338· S.D. Fla.· 2005-02-02 ·cited 2×
  A plaintiff's prior suit against an agent does not constitute a binding election of remedies preventing a subsequent suit against an undisclosed principal, and a tortious interference claim is not barred by the economic loss doctrine if it alleges distinct damages and facts from
• Cole v. City OF Deltona
  890 So. 2d 480· Fla. 5th DCA· 2004-12-30 ·cited 2×
  The trial court erred in applying a "special damages" standard to determine irreparable injury for a temporary injunction, as this standard is relevant to standing, not the irreparable harm element.