Indispensable Party

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

• Gonzalez v. MI Temps
  664 So. 2d 17· Fla. 4th DCA· 1995-11-15 ·cited 1×
  The court held that Broward County was not an indispensable party to the wrongful death action.
• Fresh del Monte Produce, N.V. v. Chiquita Int'l Ltd.
  664 So. 2d 263· Fla. 3d DCA· 1995-10-18 ·cited 1×
• Krueger v. Cartwright
  996 F.2d 928· 7th Cir.· 1993-06-24 ·cited 1×
  A partially subrogated insurer, whose joinder would destroy diversity jurisdiction, is not an indispensable party and can be dismissed.
• Bagdon v. Bridgestone/Firestone, Inc.
  916 F.2d 379· 7th Cir.· 1990-10-17 ·cited 1×
  A claim that a majority shareholder's competition injured the corporation is a derivative claim, requiring the corporation to be joined as a party, which destroys diversity jurisdiction.
• Farrell Constr. Co. v. Jefferson Parish
  896 F.2d 136· 5th Cir.· 1990-03-15 ·cited 1×
  A subcontractor is not an indispensable party when the prime contractor asserts the subcontractor's damages as part of its own claim, especially when state law permits such pass-through claims and no statute grants the subcontractor direct rights against the owner.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Hotel Rittenhouse Assocs.
  844 F.2d 1050· 3d Cir.· 1988-04-26 ·cited 1×
  The court held that the developer was not an indispensable party to the contractor's suit to enforce a joint and several arbitration award against the bank, and that the contractor's motion to intervene, while potentially lacking grounds for intervention as of right, should not h
• Sumitomo Corp. of Am. v. M/V Saint Venture
  683 F. Supp. 1361· M.D. Fla.· 1988-04-19 ·cited 1×
  The court held that the carrier was liable for damages to the cargo because its "rust clause" was void and it failed to rebut the prima facie case of good condition upon receipt.
• Libby v. United States
  535 F. Supp. 667· M.D. Fla.· 1987-04-17 ·cited 1×
  The court held that the "forthwith" service requirement under the Suits in Admiralty Act is a procedural requirement superseded by Federal Rule of Civil Procedure 4(j), and that the plaintiff's 24-day delay in service was reasonable and thus "forthwith."
• Johnson v. Tlush
  468 So. 2d 1023· Fla. 4th DCA· 1985-04-24 ·cited 1×
  The court held that the construction of a private dock on the waterway abutting common property violated the rights of other property owners, who had standing to enforce restrictions.
• Sparling v. Boca Raton Land Dev., Inc.
  438 So. 2d 413· Fla. 4th DCA· 1983-09-07 ·cited 1×
  The court held that granting a judgment n.o.v. was improper for an erroneous jury instruction, and a new trial is the appropriate remedy.
• Brackin TIE v. McLARTY Farms, Inc.
  704 F.2d 585· 11th Cir.· 1983-05-02 ·cited 1×
  The court held that joint obligors are not indispensable parties in a breach of contract action, and thus the trial court did not err in proceeding without joining a co-lessee whose joinder would destroy diversity jurisdiction.
• Manatee Cnty. v. Town OF Longboat KEY
  365 So. 2d 143· Fla.· 1978-10-26 ·cited 1×
  The Florida Supreme Court clarified that Article VIII, Section 1(h) of the Florida Constitution limits only county property taxation—not all county revenues—for services benefiting exclusively unincorporated areas. The Court held that municipalities may sue to enforce statutory r
• Floyd v. Wallace
  339 So. 2d 653· Fla.· 1976-11-18 ·cited 1×
  The court held that a default judgment entered after the plaintiff's death, but before substitution of the personal representative, was improper because all real parties in interest were not present before the court at the time of default.
• Colon Barlow v. McDONALD
  221 So. 2d 434· Fla. 1st DCA· 1969-03-18 ·cited 1×
  The appellate court affirmed the trial court's final judgment in partition, finding substantial evidence supported the judgment and other legal points lacked merit.
• Rayonier Inc. v. TAX Assessor
  28 Fla. Supp. 65· Nassau Cty. Cir. Ct.· 1967-01-11 ·cited 1×
  Rayonier, a chemical cellulose manufacturer, challenged Nassau County's 1965 property tax assessments as grossly excessive. The circuit court found that the real property assessment of $4,044,000 exceeded fair market value of $2,683,000 and was invalid due to improper appraisal m
• State of Fla. ex rel. Jefferson Davis v. Milledge
  88 So. 2d 909· Fla.· 1956-04-04 ·cited 1×
  This case involves a petition for a writ of mandamus challenging an injunction decree. The Supreme Court of Florida dismissed the petition as moot because a related contempt order, which was the basis for the challenge, had already been quashed in a companion case.
• Trusteebiz, Inc. v. Mohamad El Ladki and Mac-Brh
  Fla. 5th DCA· 2026-05-29
  An appeal of a nonfinal order granting post-judgment intervention and vacating a final judgment must be treated as a petition for writ of certiorari, and dismissal is required when the appellant fails to establish irreparable harm, which is a jurisdictional prerequisite for certi
• John F. Schutz, P.L. v. Schwalb
  Fla. 4th DCA· 2026-03-25
  A law firm appealed the denial of its motion to add a bank as an indispensable party in a charging lien enforcement proceeding. The court affirmed the trial court's decision, holding that the firm's notice of lien was insufficient to impose liability on the bank.
• Hayworth Tanglewood IB, LLC v. Hayworth Tanglewood
  Del. Ch.· 2026-01-09
  In a Delaware statutory trust dispute, the Court of Chancery denied defendants' motion to dismiss or stay, finding that the McWane doctrine does not require dismissal based on a related but distinct New York action, and that the plaintiff has adequately pleaded viable claims for
• Washington v. PNC Bank
  M.D. Fla.· 2026-01-08
  The court denied the plaintiff's motion for a preliminary injunction because he failed to establish a substantial likelihood of success on the merits or irreparable harm.
• Belvant v. Cohen
  Fla. 3d DCA· 2025-11-19
  Belvant appeals the trial court's dismissal with prejudice of his replevin count against third-party defendants who wrongfully detained a taxi permit co-owned with Cohen. The appellate court reversed, holding that Belvant was not required to join his co-owner Cohen as a plaintiff
• Rebholz v. AIG Prop. Cas. Co.
  M.D. Fla.· 2025-10-15
  The court held that the living trusts, as the actual owners of the insured property, are indispensable parties who must be joined in the action.
• Capitol Specialty Ins. Corp. v. Hyman
  M.D. Fla.· 2025-08-20
  Unnamed class members are not indispensable parties in a declaratory judgment action brought by an insurer against the insured and named class representatives.
• Perlman v. Bolder Fund Servs. (Cayman), Ltd.
  S.D. Fla.· 2025-08-19
  A court can grant complete relief in a damages action even if a non-party might also have claims, and 'inconsistent obligations' under Rule 19(a)(1)(B)(ii) refers to conflicting court orders, not merely inconsistent adjudications.
• Palm Ave. Hialeah Tr. v. Eisenberg
  S.D. Fla.· 2025-08-13
  The court granted in part and denied in part the plaintiffs' motion to strike affirmative defenses, striking one defense and allowing others to proceed.
• Capitol Specialty Ins. Corp. v. Hyman
  M.D. Fla.· 2025-07-21
  The court granted the plaintiff's motion to stay all discovery deadlines pending resolution of the defendants' motions to dismiss.
• Tater's Concrete Pump Serv., LLC v. Southern-Owners Ins. Co.
  M.D. Fla.· 2025-05-30
  State Farm and Rhonda Looper are indispensable parties who must be joined in this action, while Bobbi Jo Shireman, Jonathan Villalobos, and Sammy Hernandez are not indispensable.
• Harrison v. Dep't of Mgmt. Servs.
  Fla. 1st DCA· 2025-05-21
  Arnold Harrison appealed the trial court's dismissal of his complaint naming the Department of Management Services as a defendant in a suit challenging health insurance coverage determinations under Florida's state group insurance program. The First District affirmed, holding tha
• Tillman Nature Preserve, LLC v. Babush
  Fla. 2d DCA· 2025-05-21
  The Tillmans and the Estate of Edna Poche were not indispensable parties to TNP's quiet title action because TNP sought only to quiet title to the property and disclaimed relief concerning easements or access rights, and under § 65.041, a judgment would not bind non-parties or af
• Tomas v. Sandler
  406 So. 3d 1089· Fla. 3d DCA· 2025-03-26
  A hospital's negligent credentialing claim requires a presuit affidavit with specific details about the administrative standard of care and supporting facts; the State of Florida is not an indispensable party where the statute of limitations bars any claim against it, even if pro
• Qatalyst Inc v. Pipes.AI, LLC
  M.D. Fla.· 2025-03-26
  The court held that Expect Quest, LLC, a Florida citizen, must be aligned as a defendant due to antagonism between its managing members, destroying diversity jurisdiction.
• Palm Ave. Hialeah Tr. v. Eisenberg
  S.D. Fla.· 2025-03-14
  The court denied the defendants' motion to dismiss, finding the complaint adequately stated claims for negligence and malpractice and was not a shotgun pleading.
• Fowler v. Burnham
  408 So. 3d 834· Fla. 1st DCA· 2025-02-19
  When enforcing a restrictive covenant, the party seeking injunctive relief need not prove irreparable harm; once a clear violation is established, the burden shifts to the party challenging enforcement to prove defensive matters precluding enforcement. An affirmative defense of f
• Parmenia LLC v. Fondo De Inversion Stella
  Fla. 3d DCA· 2025-02-12
  Parmenia LLC appeals a grant of partial summary judgment in a declaratory judgment action concerning the validity of a transfer of FIS's ownership interest in Parmenia to Atrium Global Investments. The Third District reversed, holding that Atrium was an indispensable party whose
• Santiago v. Honeywell Int'l, Inc.
  S.D. Fla.· 2025-02-05
  The court held that the plaintiffs lacked standing because the requested relief would require the defendant to violate Florida law and would not redress the alleged injuries.
• Golubtsova v. Notarycam, Inc.
  S.D. Fla.· 2024-12-30
  The court held that a lis pendens must be dissolved because the plaintiff failed to establish a fair nexus between the property and the underlying action, as the claim supporting it was barred by collateral estoppel and federal jurisdiction was precluded by the Rooker-Feldman doc
• City Nat'l Bank of Fla. v. La. Apple, LLC
  S.D. Fla.· 2024-09-17
  The court held that it retains subject-matter jurisdiction over the case because the intervening SBG Entities are not indispensable parties under Rule 19(b), despite the destruction of complete diversity.
• Horsman v. Cooney
  M.D. Fla.· 2024-09-16
  The court held that the dispute did not fall under the arbitration clause of the 2006 operating agreement because the claims arose from a separate, later agreement without such a clause. The court also dismissed the claims for failure to state a claim, requiring plaintiffs to fil
• Se. Dev. P'rs, LLC v. St. Johns Cnty.
  M.D. Fla.· 2024-09-10
  The court held that Day Late Enterprises, Inc. was misjoined as a party and was dismissed from the action because it was not a necessary party under Rule 19 and did not meet the criteria for permissive joinder under Rule 20.
• Warnock v. Mortg. Research Ctr. L.L.C.
  M.D. Fla.· 2024-05-21
  The court granted Wright National's unopposed motion to dismiss, finding the breach of contract claim failed to state a claim upon which relief could be granted.
• Rothwell v. Zulinke
  M.D. Fla.· 2024-05-01
  The court held that it lacked subject-matter jurisdiction due to a lack of complete diversity among the parties, requiring dismissal of the case.
• PG Restoration Co. v. United Specialty Ins. Co.
  S.D. Fla.· 2024-04-11
  The court held that it lacked subject-matter jurisdiction due to non-diverse parties and denied the motion to realign, remanding the case to state court.
• W. Flagler Assocs., Ltd. v. DeSantis
  382 So. 3d 1284· Fla.· 2024-03-21
  The Florida Supreme Court denied a petition for writ of quo warranto filed by gaming companies challenging the constitutionality of a gaming compact between the state and the Seminole Tribe that authorized mobile sports betting. The Court held that quo warranto is not an appropri
• Ajjahnon v. Amerilife of N.C., LLC
  M.D. Fla.· 2024-03-05
  The court held that Plaintiff's motion for summary judgment was granted in part regarding subject-matter jurisdiction but denied on most affirmative defenses due to insufficient evidence and argument.
• Global Paycard Corp. v. Onecom, LLC
  S.D. Fla.· 2024-02-21
  The court held that Plaintiff plausibly stated claims for fraud and conspiracy against certain defendants, and quasi-contractual claims against Onecom, but dismissed claims against other defendants and a statutory claim due to procedural issues.
• U.S. Bancorp v. Taharra Assets 5545, Inc.
  378 So. 3d 630· Fla. 4th DCA· 2024-01-24
  A foreclosure judgment is void when the plaintiff fails to join an indispensable party (the fee simple title holder at the time the lis pendens was filed), and a subsequent purchaser who acquired title after the lis pendens was filed may quiet title against the void foreclosure c
• Tampa Port Auth. v. Henriquez
  Fla. 2d DCA· 2023-12-29
  The property appraiser's amended complaint adequately alleged a constitutional and statutory violation sufficient to satisfy section 194.036(1)(a) and establish standing to challenge the VAB decision. A party's alleged lack of standing arising from a curable pleading omission doe
• Hudson Excess Ins. Co. v. Pino
  S.D. Fla.· 2023-12-22
  The court granted the defendants' motion for judgment on the pleadings, finding that the primary insurer was an indispensable party that could not be joined, and denied the plaintiff's motion for leave to amend as futile.
• Rinaldi Enters. of Fla., LLC v. United States Fire Ins. Co.
  S.D. Fla.· 2023-11-13
  The court granted a non-party subcontractor's motion to intervene as of right in a general contractor's lawsuit against a surety, finding that the intervenor met the requirements for intervention and that supplemental jurisdiction over its counterclaims was proper despite destroy
• Island IP Acquisitions, LLC v. Antle
  S.D. Fla.· 2023-11-08
  The court granted in part and denied in part the motion to dismiss and strike, dismissing Counterclaim I and III without prejudice, denying dismissal of Counterclaim II, and treating Affirmative Defense 13 as a denial.