Indispensable Party

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

• State v. Pate
  824 So. 2d 1038· Fla. 1st DCA· 2002-09-03 ·cited 2×
  The Florida Department of Revenue appealed the dismissal of a paternity case against a putative father, challenging whether the legal father (whose name is on the birth certificate) is an indispensable party. The court held that the legal father is not necessarily indispensable b
• Philip A.R. Staton v. Staton
  787 So. 2d 45· Fla. 2d DCA· 2001-02-23 ·cited 2×
  Philip Staton appealed a trial court's denial of his motion to dismiss a declaratory judgment action brought by Mercedes and Ingeborg Staton regarding Staton's powers and authority under fourteen written instruments. The appellate court affirmed the denial of the venue dismissal
• Mickens v. Allen Damron Constr.
  773 So. 2d 1194· Fla. 2d DCA· 2000-12-06 ·cited 2×
• Rosalind Steck White v. Watts
  716 So. 2d 293· Fla. 2d DCA· 1998-07-17 ·cited 2×
• Goldfarb v. Daitch
  696 So. 2d 1199· Fla. 3d DCA· 1997-05-21 ·cited 2×
  Goldfarb, an attorney, filed a motion for disbursement of foreclosure surplus funds on behalf of Daitch without her actual knowledge or authorization, receiving a fee from the disbursed funds. The trial court vacated the disbursement orders and ordered Goldfarb to return the fee
• Millsaps v. Orlando Wrecker, Inc.
  634 So. 2d 680· Fla. 5th DCA· 1994-03-04 ·cited 2×
  Millsaps appealed a dismissal of his trespass action against a wrecker service for failing to join the IRS as an indispensable party. The court affirmed the dismissal but reversed the with-prejudice determination, holding that dismissals for failure to join indispensable parties
• Michael Paul Shienvold/Attorney Ad Litem for Daniel Habie and Alexandra Habie v. Habie
  622 So. 2d 538· Fla. 4th DCA· 1993-07-28 ·cited 2×
  A guardian ad litem for children in a dissolution of marriage action appealed the dismissal with prejudice of a motion to set aside the final judgment. The court held that a guardian ad litem has standing to seek relief under Rule 1.540(b) in limited circumstances, but reversed a
• Resolution Tr. Corp. for Peoples Sav. & Loan Ass'ns v. Ruggiero
  994 F.2d 1221· 7th Cir.· 1993-05-20 ·cited 2×
  Orders imposing a resulting trust and requiring turnover of property in a post-judgment supplementary proceeding are appealable as injunctions, and the trial court did not err in granting relief without a formal summary judgment motion when no genuine issues of material fact exis
• Harper v. Harper
  608 So. 2d 517· Fla. 2d DCA· 1992-10-30 ·cited 2×
  A competent adult child, entitled to parental support as a chapter 743 dependent, must be joined as an indispensable party in any action to terminate such support.
• Anderson v. Potential Enters., Ltd.
  596 So. 2d 488· Fla. 5th DCA· 1992-03-27 ·cited 2×
  Anderson appeals a foreclosure judgment on real property titled to a general partnership. The court vacates the judgment because the partnership itself was not named as a defendant, and the attempted foreclosure of individual partners' interests in partnership property was improp
• Fireman's Ins. Co. of Newark v. Vento
  586 So. 2d 89· Fla. 3d DCA· 1991-09-24 ·cited 2×
  Fireman's Insurance appealed a summary judgment order that rescinded a promissory note and discharged the debtor Vento from liability based on unregistered securities. The court reversed, holding that genuine factual disputes existed regarding whether Fireman's was a securities s
• Metro. Dade Cnty. v. Timinsky
  579 So. 2d 356· Fla. 3d DCA· 1991-05-14 ·cited 2×
  The court affirmed the trial court's decision, holding that Dade County could not enforce a plat restriction against a property owner seeking to re-subdivide their land, and must process the application.
• Buckley v. Control Data Corp.
  923 F.2d 96· 8th Cir.· 1991-01-08 ·cited 2×
  The court held that it lacks federal subject matter jurisdiction due to a lack of complete diversity of citizenship, as the citizenship of a limited partnership is determined by the citizenship of all its partners.
• Associated DRY Goods Corp. v. Towers Fin. Corp.
  920 F.2d 1121· 2d Cir.· 1990-12-12 ·cited 2×
  The court's holding is that the Finley decision should not be read to broadly upset a flexible approach to ancillary jurisdiction in cases involving joinder to a compulsory counterclaim.
• Multicredit, Inc. v. Ecoban Cap. Ltd.
  555 So. 2d 1249· Fla. 3d DCA· 1989-11-21 ·cited 2×
  The dissenting opinion argues that a defendant's guilty plea to first-degree murder was valid, even though the defendant was not informed of the mandatory twenty-five-year parole restriction, because the defendant was aware of the direct consequences of the plea.
• Burt v. Richards
  541 So. 2d 707· Fla. 4th DCA· 1989-03-29 ·cited 2×
  The court held that the dismissals with prejudice of the trespass, declaratory relief, and quiet title counts were erroneous as to the remaining three feet of the disputed road.
• Homeco Developments v. Markborough Props., Ltd.
  709 F. Supp. 1137· S.D. Fla.· 1989-03-03 ·cited 2×
  The court held that the plaintiffs had the capacity to sue, were real parties in interest, and had standing to bring antitrust claims, and that the complaint sufficiently alleged violations of antitrust laws and state law claims, denying the motion to dismiss.
• Imperial OIL OF N.D., Inc. v. Consol. Crude OIL Co.
  851 F.2d 206· 8th Cir.· 1988-06-30 ·cited 2×
  The court held that North Dakota's statutory scheme for oil and gas lease cancellation due to non-payment of royalties supplants traditional equity principles, and the district court did not err in cancelling the leases.
• McLAUGHLIN v. Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  847 F.2d 620· 9th Cir.· 1988-06-06 ·cited 2×
  The District Lodge is not an indispensable party to an action by the Secretary of Labor challenging union elections, even if it allegedly used funds to influence the election.
• Alphonso McCRAY v. Adams
  529 So. 2d 1131· Fla. 1st DCA· 1988-04-06 ·cited 2×
  McCray filed suit to void an allegedly forged mortgage satisfaction and sought to foreclose on the mortgage, but the trial court dismissed most defendants and found it lacked jurisdiction over the debtor Skolsky due to the bankruptcy court's retained exclusive jurisdiction. The a
• P & D Int'l v. Halsey Publ'g Co.
  672 F. Supp. 1429· S.D. Fla.· 1987-11-04 ·cited 2×
  The court held that it has subject matter jurisdiction over the copyright infringement claim, that the doctrine of forum non conveniens does not apply, and that an indispensable party is not required. The court also found that summary judgment on the 'work for hire' defense was n
• Am. Mut. Ins. Co. v. Bender
  513 So. 2d 669· Fla. 1st DCA· 1987-06-26 ·cited 2×
  American Mutual Insurance Company sought review of a trial court's denial of its motion to dismiss a products liability action filed by John Bender, an asbestos-exposed Navy veteran, against the insured company Keasbey & Mattison and its insurers. The court denied certiorari, fin
• Pace v. Bd. OF Adjustment
  492 So. 2d 412· Fla. 4th DCA· 1986-07-09 ·cited 2×
  James Pace sought a variance from Jupiter Island's 30-foot road setback requirement to build a home on beachfront property, but was denied by the Board of Adjustment and the circuit court. The Fourth DCA affirmed, holding that the town's zoning setback ordinance was not preempted
• In re Allustiarte v. Allustiarte
  786 F.2d 910· 9th Cir.· 1986-04-07 ·cited 2×
  The court held that the debtors' children's interests in the Storm property were their separate property, thus their spouses were not indispensable parties. The court also held that the absent spouses for the Shipp property were not indispensable parties because their interests w
• Musico v. Champion Credit Corp.
  764 F.2d 102· 2d Cir.· 1985-06-10 ·cited 2×
  The court held that defendants breached fiduciary duties, committed constructive fraud, and conversion by withholding estate funds, but that forfeiture of all agency fees was improper where services were properly performed.
• Lear Petroleum Corp. & Tex. Oil & Gas Corp. v. Wilson
  730 F.2d 1363· 10th Cir.· 1984-03-26 ·cited 2×
  The dissenting judge would affirm the trial court's dismissal of the interpleader action because the Indian Nations, as indispensable parties, could not be joined due to sovereign immunity.
• Dep't OF Prof'l Reg. v. Honorable William E. Williams
  444 So. 2d 502· Fla. 1st DCA· 1984-01-17 ·cited 2×
  The Florida Department of Professional Regulation appealed a hearing officer's denial of its motion to dismiss a petition by Dell V. Spiva seeking appointment as a state pilot. The court held that because the hearing officer's order on the motion to dismiss had not been addressed
• Tillman v. City OF Milwaukee
  715 F.2d 354· 7th Cir.· 1983-08-23 ·cited 2×
  The court held that the district court erred in dismissing the action for failure to join DILHR, as the EEOC filing requirement is not jurisdictional and DILHR could potentially be joined.
• Riley T. Kelly and Annette A. Kelly v. Commercial Union Ins. Co.
  709 F.2d 973· 5th Cir.· 1983-07-18 ·cited 2×
  The court held that the trial court did not err in denying the defendant's motion to dismiss for failure to join indispensable parties, in refusing to limit liability based on other insurance proceeds, or in denying the motion to reopen evidence.
• M.C. Jenkins v. Reneau
  697 F.2d 160· 6th Cir.· 1983-01-14 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the action for lack of diversity jurisdiction when an indispensable party, whose joinder would destroy diversity, could not be joined.
• Rosemond A. Gallagher v. Seagate OF Gulfstream Condo. Ass'n, Inc.
  423 So. 2d 640· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Unit owners challenged a condominium association's practice of assessing rent on recreation facilities only to those owners who did not purchase an interest in the leased property, while exempting those who purchased an interest. The court reversed the trial court's denial of inj
• Ahrens v. Andrus
  690 F.2d 805· 10th Cir.· 1982-10-13 ·cited 2×
  The court held that a single date for multiple facsimile signatures on a lease entry card was not a sufficient reason to invalidate the application, but reversed the order canceling a lease awarded to a non-party second drawee.
• Piccolo v. HERTZ Corp.
  421 So. 2d 535· Fla. 1st DCA· 1982-08-19 ·cited 2×
  The Louisiana direct action statute is substantive for choice of law purposes, and the insured is not an indispensable party in a direct action against the insurer.
• Jefferson v. H. K. Porter Co.
  648 F.2d 337· 5th Cir.· 1981-06-18 ·cited 2×
  The court held that the appellants' claims were time-barred because the prior litigation did not toll the statute of limitations for the § 1981 claim, and the Title VII claims were conceded to be time-barred.
• Equal Emp. Opportunity Comm'n v. Magnolia Elec. Power Ass'n
  635 F.2d 375· 5th Cir.· 1981-01-26 ·cited 2×
  An employer named in an EEOC charge may not bar a suit against it by the EEOC based on the EEOC's failure to follow statutory procedures regarding other named union respondents, unless the employer shows prejudice.
• JIM Walter Corp. v. Fed. Trade Comm'n
  625 F.2d 676· 5th Cir.· 1980-09-12 ·cited 2×
  The court held that the FTC had jurisdiction over the holding company and that its finding of a national geographic market was not supported by substantial evidence.
• Followay Prods., Inc. v. Maurer
  603 F.2d 72· 9th Cir.· 1979-08-03 ·cited 2×
  The court held that a licensee cannot join a copyright owner as an involuntary plaintiff if the licensee fails to establish a protectible interest in the renewal copyright.
• O'Donnell v. Norine White Chamberlain & Colonial Penn Ins. Co.
  372 So. 2d 191· Fla. 3d DCA· 1979-06-19 ·cited 2×
  O'Donnell sought a writ of certiorari to review a trial court's order denying arbitration of an uninsured motorist coverage claim and improperly joining his own insurer as a defendant. The appellate court held that the trial court departed from the essential requirements of law b
• Zimmerman v. Civil Serv. Bd. OF the City OF Boca Raton
  350 So. 2d 812· Fla. 4th DCA· 1977-10-11 ·cited 2×
  Zimmerman appealed the dismissal of his certiorari petition challenging a Civil Service Board decision that upheld his termination as a plumbing inspector. The court affirmed the quashing of his petition, holding that the City of Boca Raton was an indispensable party that should
• Gill v. Monroe Cnty. Dep't OF Soc. Servs.
  547 F.2d 31· 2d Cir.· 1976-12-27 ·cited 2×
  The court held that the district court's dismissal of the class action employment discrimination suit was improper, vacating the order and remanding for reconsideration.
• Est. of Leo J. Goldwater v. Commissioner OF Internal Revenue
  539 F.2d 878· 2d Cir.· 1976-06-29 ·cited 2×
  The court held that Gertrude, not Lee, was the decedent's surviving spouse for estate tax marital deduction purposes because a New York court had declared Leo's Mexican divorce and subsequent marriage to Lee void, and New York law governed the determination of spousal status for
• Escom Enters., Inc. v. Markham
  311 So. 2d 402· Fla. 4th DCA· 1975-04-18 ·cited 2×
• Roebuck v. Fla. Dep't OF Health & Rehabilitative Servs., Inc.
  502 F.2d 1105· 5th Cir.· 1974-10-11 ·cited 2×
  The court held that the district court improperly dismissed the action based solely on Employees v. Missouri Public Health Department, as other grounds for dismissal were not ruled upon.
• Maston G. O'Neal, Jr. v. City OF Coral Gables
  294 So. 2d 102· Fla. 3d DCA· 1974-05-07 ·cited 2×
  O'Neal sought specific performance of an alleged contract with the United States for the Biltmore Hotel property in Coral Gables. The trial court granted the City's motion for summary judgment, finding O'Neal's contract with the federal government was void and he had no valid cla
• Coman v. Coman
  492 F.2d 273· 3d Cir.· 1974-02-21 ·cited 2×
  The court held that the husband's brother and sister were not indispensable parties to the alimony award, and the district court did not abuse its discretion in awarding alimony in gross rather than through a trustee.
• In re Est. of Charles N. McCUNE
  290 So. 2d 541· Fla. 4th DCA· 1974-02-15 ·cited 2×
  The Treasury Regulation providing for the valuation of mutual fund shares at their public offering price for estate tax purposes is a reasonable implementation of congressional legislation.
• Winn-Dixie Stores, Inc. v. Goodman
  276 So. 2d 465· Fla.· 1972-12-06 ·cited 2×
  The Florida Supreme Court discharged a writ of certiorari, finding no direct conflict between a District Court of Appeal decision and prior case law, which is necessary for its review jurisdiction. The court determined that the issue of indispensable parties was not properly pres
• Diaz v. Se. Drilling Corp. OF Argentina, S.A.
  449 F.2d 258· 5th Cir.· 1971-09-17 ·cited 2×
  The court held that the district court correctly applied Argentine law to determine the validity of assignments and that excluded testimony was inadmissible hearsay. The court affirmed the district court's judgment.
• Choquette v. Broward Cnty. Bd. of Adjustment
  34 Fla. Supp. 117· Broward Cty. Cir. Ct.· 1969-04-04 ·cited 2×
  Petitioners sought certiorari review of a Broward County Board of Adjustment decision granting a zoning variance to Jess Yoho. The circuit court dismissed the petition because petitioners failed to join Yoho as a necessary and indispensable party within the statutory and procedur
• Miller v. Ira Miller
  406 F.2d 590· 10th Cir.· 1969-01-31 ·cited 2×
  The court held that the trial court's findings of conditional delivery and attempted testamentary disposition were supported by evidence, and that indispensable parties were properly identified, thus affirming the judgment.