Indispensable Party

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

• Florescu v. Royal Caribbean Cruises, Ltd
  274 So. 3d 502· Fla. 3d DCA· 2019-06-05
  On a motion to dismiss, a court must limit its review to the four corners of the complaint and assume all allegations are true, and therefore cannot rely on extrinsic evidence such as an employment contract to contradict the plaintiff's allegation that she was employed by the def
• O'Rangers
  Del. Super. Ct.· 2019-04-08
  The Delaware Superior Court denied the Defendants' motion to dismiss for failure to join an indispensable party. The court held that Bryn Mawr, a Pennsylvania entity, was not a necessary party to either the Wrongful Death Claim or the Survival Claim. For the Wrongful Death Claim,
• Leon Cnty. v. Lakeshore Gardens Homeowners' Ass'n, Inc.
  265 So. 3d 706· Fla. 1st DCA· 2019-02-28
  Leon County sought to condemn common area property owned by members of Lakeshore Gardens Homeowners' Association for an easement. The circuit court dismissed the eminent domain petition for failure to name all 100+ individual property owners as indispensable parties rather than t
• Daskalopoulos v. Citizens Prop. Ins. Corp.
  241 So. 3d 237· Fla. 2d DCA· 2018-03-09
  A trial court abuses its discretion by allowing a defendant to introduce an unpleaded, irrelevant issue—the plaintiff's mortgage default and foreclosure—in opening statement and cross-examination in a breach of contract insurance case, thereby depriving the plaintiff of a fair tr
• Fernstrom v. Trunzo
  Del. Ch.· 2017-09-05
  The Court of Chancery Master recommended granting the respondents' motion to dismiss the complaint without prejudice because the plaintiff's claims were not ripe for judicial review. The Master found that the plaintiff failed to comply with the mandatory pre-litigation mediation
• The Ins. Co. OF the State OF Pa. v. Ramirez
  195 So. 3d 395· Fla. 4th DCA· 2016-05-18
• Miller v. Wash. Mut. Bank
  184 So. 3d 558· Fla. 4th DCA· 2016-01-06
  Gretchen Miller appeals a foreclosure judgment and certificate of title issued against residential property she co-owned with her husband as tenants by the entirety. The court reversed, holding that the husband was an indispensable party to the foreclosure action and his exclusio
• Raimbeault v. Accurate Mach. & Tool, LLC
  257 F.R.D. 572· S.D. Fla.· 2014-10-02
  The court held that Chatham was not a required party under Rule 19 because complete relief could be afforded to the existing parties without its joinder, particularly for the tort and contract claims at issue.
• Richard W. Taylor, P.A. v. Bavaro
  135 So. 3d 1149· Fla. 5th DCA· 2014-04-17
  Richard W. Taylor, P.A. appealed the dismissal of its action for unpaid attorney's fees against Bavaro and Stefaniw. The trial court dismissed the action due to failure to timely serve Stefaniw and failure to submit a joint status report. The appellate court reversed, finding mul
• Stevens v. Peebles
  103 So. 3d 220· Fla. 4th DCA· 2012-11-28
  The court affirmed summary judgment dismissing unit owners' claims against individual homeowners' association members because the action was filed after the five-year statute of limitations for injunctive relief had expired.
• Hernandez v. Ferris
  1988 WL 166234· M.D. Fla.· 2012-11-14
  The court held that the non-joining financial institutions were nominal parties, and their consent was not required for removal based on diversity jurisdiction.
• Nuvasive, Inc.
  Del. Ch.· 2012-07-11
  The Court of Chancery denied the defendant's motion to dismiss for failure to join indispensable parties. While the former employees are necessary parties to the contract-based claims because a judgment could impact their livelihood, they are not indispensable. The court can fash
• Hurtado v. Raly Dev., Inc.
  244 F.R.D. 137· S.D. Fla.· 2012-06-13
  The court granted defendants' motion for leave to amend their answer to correct a scrivener's error, finding good cause under Rule 16(b) and that justice required leave under Rule 15(a)(2).
• Baltazar v. The Baltimore Life Ins. Co.
  15th Cir. Ct. App. Div.· 2011-06-15
  Marie Baltazar appeals the trial court's grant of summary judgment to Baltimore Life Insurance, which denied her death benefits claim on grounds of material misrepresentation and lack of standing. The appellate court reversed, finding that the disputed application and phone recor
• ITL Int'l Inc. v. Walton & Post, Inc.
  741 F. Supp. 2d 1313· S.D. Fla.· 2010-09-29
  The court held that it should abstain from exercising jurisdiction over the case based on international comity due to parallel proceedings in the Dominican Republic.
• Winner Acceptance Corp.
  Del. Ch.· 2008-12-23
  The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in
• IN THE Matter OF: THE Trs. U/A/D December 30
  Del. Ch.· 2008-12-18
  The Court of Chancery denied the trustee's petition for instructions and injunctive relief, finding that the trustee had not demonstrated an imminent threat of irreparable harm and that granting the relief would conflict with orders from a Pennsylvania court, undermining principl
• Marcelle Assily v. Dep't of Child. & Fam. Servs.
  985 So. 2d 600· Fla. 2d DCA· 2008-06-06
  Marcelle Assily appealed a Department of Children and Family Services order reducing her food stamp benefits. Although the hearing officer improperly placed the burden of proof on Assily, the court affirmed because the Department presented unrebutted evidence supporting the reduc
• In & for New Castle Cnty. Multi-Fineline Electronix, Inc.
  Del. Ch.· 2007-02-02
  The Court of Chancery granted the defendant's motion to dismiss, holding that it lacked personal jurisdiction over the defendant because the consent to jurisdiction clause in the expired lock-up agreement did not apply to the plaintiff's claims of breach of fiduciary duty, and De
• Burt v. Buchman
  943 So. 2d 208· Fla. 3d DCA· 2006-10-25
  Nancy Burt appealed a trial court order granting Brenda Buchman's motion to intervene to assert homestead rights in real property that was determined to be a partnership asset of Minit Print. The appellate court reversed, holding that post-judgment intervention is generally barre
• Modern, Inc. v. Florida
  444 F. Supp. 2d 1234· M.D. Fla.· 2006-08-15
  The court held that the defendant is entitled to summary judgment on the common law flowage easement claim because its actions were aimed at restoring natural water flow, not interfering with it. The court also found that certain deed descriptions were too ambiguous to establish
• Marina View Condo. Ass'n of Unit Owners v. Rehoboth Marina
  Del. Ch.· 2006-08-14
  The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
• Goodman v. Crown Leasing Corp.
  913 So. 2d 1241· Fla. 4th DCA· 2005-11-09
  Scott Goodman purchased a Heisman Trophy from Billy Sims and sued for declaratory judgment of ownership against Crown Leasing Corporation, which claimed an adverse ownership interest. The court reversed the trial court's dismissal of Goodman's counterclaim, holding that the trial
• IN & FOR NEW Castle Cnty. Benihana OF Tokyo, Inc.
  Del. Ch.· 2005-02-04
  The Court denied the defendants' motions to dismiss for lack of personal jurisdiction over BFC, insufficient service of process, and failure to join an indispensable party. The Court found that personal jurisdiction over BFC was established under Delaware's long-arm statute and t
• Diaz v. Hood
  342 F. Supp. 2d 1111· S.D. Fla.· 2004-10-26
  The court held that the plaintiffs, both individual and union, lacked standing to bring their claims because they failed to allege sufficient facts demonstrating injury in fact, causation, or redressability, or failed to identify specific injured members.
• Martin Mem'l Med. Ctr., Inc. v. Tenet Healthsystem Hosps., Inc.
  875 So. 2d 797· Fla. 1st DCA· 2004-06-29
  Martin Memorial and other hospitals challenged a trial court judgment declaring Florida's Chapter 2003-289 unconstitutional as a special/local law. The statute granted certificate of need exemptions for open-heart surgery programs exclusively to hospitals in five specified counti
• Air Turbine Tech., Inc. v. Atlas Copco AB
  124 F. Supp. 695· S.D. Fla.· 2003-09-03
• Ace Am. Ins. v. Paradise Divers, Inc.
  31 U.C.C. Rep. Serv. 2d (West) 773· S.D. Fla.· 2003-06-06
  The court held that a third-party applicant's speculative and economic interest in an insurance policy's coverage is insufficient to warrant intervention as of right or permissively.
• Golf Club OF Plantation, Inc. v. City OF Plantation
  847 So. 2d 1028· Fla. 4th DCA· 2003-05-14
  Golf Club of Plantation sought inverse condemnation damages from the City of Plantation for allegedly taking its property by prohibiting conversion from golf course use to residential or other uses. The Fourth District reversed summary judgment, holding that the City's absolute b
• IN & FOR NEW Castle Cnty. John G. Ballenger
  Del. Ch.· 2002-04-24
  The court denied all dispositive motions. It held that genuine issues of material fact precluded summary judgment for the plaintiffs on their earnout claims, and that Applied Digital had waived its right to arbitration due to its prior litigation conduct and the commercial imprac
• In & for New Castle Cnty. in re Nat'l Auto Credit, Inc.
  Del. Ch.· 2002-03-08
  The Delaware Court of Chancery denied defendants' motions to dismiss claims for breach of fiduciary duty of loyalty and corporate waste, finding that demand was excused due to director disinterestedness and that the allegations of waste were sufficiently pleaded. However, the cou
• Nat'l Coal. for Students With Disabilities v. Bush
  170 F. Supp. 2d 1205· N.D. Fla.· 2001-02-20
  The court determined the minimum liability insurance required for private school buses with over twenty-four seats based on statutory interpretation of per-person coverage requirements.
• Simonetti v. Porter
  731 So. 2d 785· Fla. 2d DCA· 1999-04-16
  The court held that the trial court erred in granting an equitable lien because the record contained no evidence to establish the elements of an equitable lien and the judgment improperly created a lien in favor of nonparties.
• Insight Instruments, Inc. v. A.V.I.-Advanced Visual Instruments, Inc.
  44 F. Supp. 2d 1269· M.D. Fla.· 1999-03-24
  The court held that it lacked personal jurisdiction over the defendant corporation because its business activities in Florida were insubstantial and isolated, and the lawsuit did not arise from those activities.
• VSB, Ltd. v. R.C. Cobb, Inc.
  637 So. 2d 381· Fla. 4th DCA· 1994-06-08
• Bobbi Jo Jenkins v. ACE Beauty Co. & Claims Ctr.
  636 So. 2d 801· Fla. 1st DCA· 1994-05-03
  In this workers' compensation case, the court reversed the dismissal of an employee's claim for temporary total disability benefits based on alleged nonjoinder of an indispensable party. The court held that the Division of Workers' Compensation was not an indispensable party to J
• Belair v. Lombardi
  131 F.R.D. 94· M.D. Fla.· 1993-11-12
• Glover v. State Farm Fire & Cas. Co.
  984 F.2d 259· 8th Cir.· 1993-01-27
  The court held that a plaintiff seeking to collect a personal injury judgment against an insurer must proceed under Missouri's equitable garnishment statute, not a federal declaratory judgment action, especially when joinder of the insured would destroy diversity jurisdiction.
• Culbertson v. Libco Corp.
  983 F.2d 82· 7th Cir.· 1993-01-06
  The court held that the district court had jurisdiction because the plaintiff, as legal titleholder of the note, met the amount in controversy requirement and complete diversity existed.
• Shermoen v. The United States
  982 F.2d 1312· 9th Cir.· 1992-12-24
  The court held that the district court did not abuse its discretion in dismissing the action because the Hoopa and Yurok tribes were indispensable parties who could not be joined due to sovereign immunity, and that the denial of leave to amend was proper as the proposed amendment
• Shenkman v. Wald
  609 So. 2d 686· Fla. 3d DCA· 1992-12-01
  Bernard and Philip Shenkman appealed the dismissal of their lawsuit against Earl Wald seeking enforcement of an alleged oral agreement to distribute corporate assets of their dissolved accounting firm. The Florida appellate court reversed the trial court's dismissal, holding that
• Judwin Props., Inc. v. United States Fire Ins. Co.
  973 F.2d 432· 5th Cir.· 1992-09-29
  The court held that the insurer exhausted its policy obligations by settling with plaintiffs for policy limits, but erred in granting summary judgment on tort claims without proper notice to the insured.
• S. Fred Everett, M.D. v. ST. Ansgar Hosp.
  974 F.2d 77· 8th Cir.· 1992-09-01
  The court affirmed summary judgment for all defendants, finding no abuse of discretion in the venue change and no genuine issue of material fact regarding breach of contract or tort claims against the hospital, particularly due to the plaintiff's waiver of claims absent bad faith
• Equitable P'rs, Inc. v. Fed. Deposit Ins. Corp.
  596 So. 2d 813· Fla. 4th DCA· 1992-04-22
• Manypenny v. The United States
  948 F.2d 1057· 8th Cir.· 1991-10-29
  The court held that the White Earth Land Settlement Act (WELSA) provides a statute of limitations that applies to causes of action outside of WELSA, and that federal courts can adjudicate possession disputes involving state officials despite the Eleventh Amendment.
• Todd v. Merrell DOW Pharms.
  942 F.2d 1173· 7th Cir.· 1991-09-09
  The court held that the plaintiff waived her argument regarding the indispensability of a non-diverse party by failing to properly present it to the district court, and that summary judgment for the defendants was proper due to the lack of evidence establishing causation.
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• Cone Corp. v. Fla. Dep't of Transp.
  744 F. Supp. 269· M.D. Fla.· 1990-09-07
  The court held that venue was improper in the Middle District of Florida because the claim arose in the Northern District of Florida, where the rules and regulations were enacted and evidence is located.
• W. Md. Ry. Co. v. Harbor Ins. Co.
  910 F.2d 960· D.C. Cir.· 1990-08-03
  The court held that the absent railroads were not necessary parties under Rule 19, and therefore could not be indispensable, making dismissal unwarranted.
• Sorrels Steel Co., Inc. v. Great Sw. Corp.
  906 F.2d 158· 5th Cir.· 1990-07-19
  The court held that parol evidence was admissible to show GSW's oral promise to remedy future issues, allowing recovery for post-Addendum impact damages, but not pre-Addendum impact damages. The court also affirmed the jury's findings on testing damages and releases, but remanded