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

• Peoples v. Fla. Ins. Guar. Ass'n, Inc.
  313 So. 2d 40· Fla. 2d DCA· 1975-04-02 ·cited 14×
  In this automobile negligence action, plaintiffs sued the defendant driver and his insurer in 1970, but the original suit was dismissed due to the insurer's receivership and lack of prosecution. When plaintiffs refiled against the Insurance Guaranty Association four years later,
• Terminal Freight Handling Co. v. Solien
  444 F.2d 699· 8th Cir.· 1971-06-18 ·cited 14×
  The court held that the Regional Director has a mandatory duty to petition for injunctive relief under § 10(l) of the NLRA once reasonable cause to believe a secondary boycott charge is true is found, subject to limited discretion regarding initial demands or insignificant violat
• Sandobal v. Armour & Co.
  429 F.2d 249· 8th Cir.· 1970-07-13 ·cited 14×
  The court held that an action for wrongful discharge under a collective bargaining agreement is governed by the statute of limitations for written contracts, not oral contracts. The court also found that laches was inapplicable, that factual issues precluded summary judgment on f
• State of Fla. ex rel. Inv. Corp. OF S. Fla. v. Bd. OF Bus. Reg. of the State of Fla.
  227 So. 2d 674· Fla.· 1969-10-31 ·cited 14×
  Florida Supreme Court granted a writ of mandamus compelling the Department of Business Regulation to reinstate racing dates previously awarded to Hollywood Kennel Club by the State Racing Commission, finding that the Department's appellate order depriving Hollywood of those dates
• The Bd. OF Pub. Instruction OF Duval Cnty. v. The Honorable Martin Sack
  212 So. 2d 819· Fla. 1st DCA· 1968-07-18 ·cited 14×·via Necessary And Indispensable Parties
  The Board of Public Instruction sought a writ of prohibition to prevent a circuit judge from hearing a certiorari petition challenging a Civil Service Board's quasi-judicial order. The court held that the circuit court has jurisdiction to review quasi-judicial orders of local adm
• McSHANE v. United States
  366 F.2d 286· 9th Cir.· 1966-09-14 ·cited 14×
  The court held that the district court properly dismissed the complaint for lack of jurisdiction, as the United States had not consented to be sued and no statutory authority existed for the claims.
• Island Airlines, Inc. v. Civil Aeronautics Bd.
  352 F.2d 735· 9th Cir.· 1965-10-29 ·cited 14×
  The court held that inter-island flights over the high seas between Hawaiian Islands are subject to federal regulation by the Civil Aeronautics Board, as Hawaii did not establish its channels as 'historic waters'.
• Baum v. Morton Corn
  167 So. 2d 740· Fla. 2d DCA· 1964-10-02 ·cited 14×
  The Baums appealed a summary judgment that voided a mortgage they held on property titled to Irving Hoffman as trustee for LaBelle Realty Corporation. The court affirmed, holding that Hoffman, as trustee of a passive trust, lacked authority to encumber the trust property without
• Hilton v. The Atl. Ref. Co.
  327 F.2d 217· 5th Cir.· 1964-01-09 ·cited 14×
  The court held that non-participating royalty holders were indispensable parties whose joinder would destroy diversity jurisdiction, requiring remand to state court.
• Safarik v. Udall
  304 F.2d 944· D.C. Cir.· 1962-06-07 ·cited 14×
  The Secretary of the Interior has the authority to give prospective effect only to a new interpretation of a statute, especially when parties have acted in reliance on a prior interpretation.
• Johnson v. Kirkland
  290 F.2d 440· 5th Cir.· 1961-04-12 ·cited 14×
  The Secretary of Labor is an indispensable party to a suit challenging the 90/10 wage policy under the Migratory Labor Act, as effective relief cannot be granted without his participation.
• Standard OIL Co. OF Tex. & New Idria Mining & Chem. Co. v. Marshall
  265 F.2d 46· 5th Cir.· 1959-03-25 ·cited 14×
  The owner of an oil payment, which is a non-possessory interest, is not an indispensable party plaintiff in a Texas action of trespass to try title, even if their joinder would destroy diversity jurisdiction.
• Mansfield Hardwood Lumber Co. v. Hattie A. Johnson
  263 F.2d 748· 5th Cir.· 1959-02-20 ·cited 14×
  The court held that while actual fraud was not definitively proven, the corporation's officers breached their fiduciary duty to individual stockholders by failing to disclose material information and misrepresenting future plans when purchasing minority stock, justifying rescissi
• Williams v. Pac. Royalty Co.
  247 F.2d 672· 10th Cir.· 1957-07-26 ·cited 14×
  A federal court has the power to enjoin state court proceedings to protect its judgments, and the Williams heirs were properly restrained from relitigating issues already decided.
• Fitzgerald v. Haynes
  241 F.2d 417· 3d Cir.· 1957-02-15 ·cited 14×
  The court held that the absent local unions were indispensable parties, and thus the district court did not err in dismissing the complaint.
• Reynolds Jamaica Mines, Ltd. v. LA Societe Navale Caennaise
  239 F.2d 689· 4th Cir.· 1956-12-17 ·cited 14×
  The court held that the arbitration clause in the contract barred the suit because the plaintiff failed to seek arbitration within the contractually stipulated 30-day period after delivery, and the fraud claim was also barred by the plaintiff's election to affirm the contract and
• Ruth v. United States Fid. & Guar. Co.
  83 So. 2d 769· Fla.· 1955-11-23 ·cited 14×·via Necessary And Indispensable Parties
  The Florida Industrial Commission lacks jurisdiction to review a deputy commissioner's compensation order if the application for review is filed with the commission more than twenty days after copies of the order were mailed to the parties.
• De Pinho Vaz v. Shaughnessy
  208 F.2d 70· 2d Cir.· 1953-11-09 ·cited 14×
  The court held that the Commissioner of Immigration and Naturalization and/or the Attorney General were indispensable parties to the alien's declaratory judgment action.
• Nat'l Labor Relations Bd. v. Local 57
  201 F.2d 771· 1st Cir.· 1953-02-03 ·cited 14×
  The court held that an employer is not an indispensable party when determining if a union violated Section 8(b)(2) of the NLRA, and that substantial evidence supported the Board's finding of discriminatory discharge.
• Baltimore & O. R. Co. v. Chicago River & Ind. R. Co.
  170 F.2d 654· 7th Cir.· 1948-11-11 ·cited 14×
  The court held that the Norris-LaGuardia Act did not apply to this case, and the district court had jurisdiction to issue the injunction, as the River Road employees were not indispensable parties.
• Hann v. City OF Clinton
  131 F.2d 978· 10th Cir.· 1942-11-17 ·cited 14×
  The court held that diversity of citizenship existed and the amount in controversy was sufficient for federal jurisdiction, and that the actions were not barred by limitations or res judicata.
• The Indian River Mfg. Co. v. Wooten
  48 Fla. 271· Fla.· 1904-06-01 ·cited 14×
  The court reversed a lower court's decree because indispensable parties were not included in the cross-bill. The absence of these parties meant their legal interests, which were affected by the decree, were not properly represented, thus invalidating the proceedings.
• Lyon v. Register
  36 Fla. 273· Fla.· 1895-06-01 ·cited 14×
  In a partition suit involving real estate claimed by multiple parties, the Florida Supreme Court reversed the lower court's decision overruling executors' plea that the land had been conveyed to the testator's widow in fee simple in 1852. The court held that executors lack standi
• Nationstar Mortg., LLC v. Ronald and Susan Weiler
  227 So. 3d 181· Fla. 2d DCA· 2017-05-26 ·cited 13×
  Nationstar Mortgage appealed a trial court order denying its motion to vacate a foreclosure judgment, certificate of sale, and certificate of title. The court reversed, holding that the trial court violated Nationstar's due process rights by allowing the Weilers (nonparty purchas
• Trintec Constr., Inc. v. Countryside Vill. Condo. Ass'n, Inc.
  992 So. 2d 277· Fla. 3d DCA· 2008-09-03 ·cited 13×
  Trintec Construction sought certiorari to reinstate a recorded mechanic's lien for roof work on a condominium property that was discharged by the trial court. The Third District Court of Appeal granted the writ, holding that a contractor may proceed against a condominium associat
• Dep't OF Revenue v. James (Willie) Cummings
  871 So. 2d 1055· Fla. 2d DCA· 2004-05-12 ·cited 13×
  The Florida Second District Court of Appeal affirmed dismissals of six consolidated paternity and child support cases filed by the Department of Revenue, holding that the legal fathers (husbands of the mothers at time of birth) are indispensable parties that must be joined in suc
• Rogers & Ford Constr. Corp. v. Carlandia Corp.
  626 So. 2d 1350· Fla.· 1993-11-10 ·cited 13×
  The Florida Supreme Court held that individual condominium unit owners have standing to sue developers and contractors for construction defects in common elements, but must ensure other unit owners' interests are represented in the action through class action, derivative action,
• Mantis v. The Honorable Harry G. Hinckley, Jr.
  547 So. 2d 292· Fla. 4th DCA· 1989-08-07 ·cited 13×
  Mantis and Fieldstone, defendants in a mortgage foreclosure action, challenged the trial court's appointment of a receiver in that action on the ground that a receiver had already been appointed over the same property in a concurrent dissolution proceeding. The appellate court he
• Rude v. Golden Crown Land Dev. Corp.
  521 So. 2d 351· Fla. 2d DCA· 1988-03-09 ·cited 13×
  The court held that the trial court abused its discretion by vacating a final judgment based on insufficient evidence of excusable neglect and by allowing a third party to intervene after judgment.
• McVAY v. W. Plains Serv. Corp.
  823 F.2d 1395· 10th Cir.· 1987-07-14 ·cited 13×
  The court held that a judgment creditor cannot attach a mortgage interest held by a trustee when the trustee possesses only bare legal title and the equitable interest belongs to the lenders who funded the loan.
• Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright
  452 So. 2d 638· Fla. 4th DCA· 1984-06-20 ·cited 13×
  Community Federal Savings and Loan Association appealed from an order setting aside a default judgment in a mortgage foreclosure proceeding against a minor ward. The court held that the foreclosure judgment was void because the minor property owner was never made a party to the a
• Westmoreland Hosp. Ass'n v. Blue Cross OF Western Pennsylvania
  605 F.2d 119· 3d Cir.· 1979-09-10 ·cited 13×
  Federal question jurisdiction exists if the complaint, on its face, requires interpretation of federal statutes or regulations, even if state law claims are also present.
• Riverside Mem'l Mausoleum v. Umet Tr.
  581 F.2d 62· 3d Cir.· 1978-06-13 ·cited 13×
  A real estate investment trust (REIT) is treated as an unincorporated association for diversity jurisdiction, requiring examination of its investors' citizenship. Claims that were or could have been litigated in a state court proceeding to open a confessed judgment are subject to
• Vito Davanzo v. Resolute Ins. Co.
  346 So. 2d 1227· Fla. 3d DCA· 1977-06-14 ·cited 13×
  Trustees of a dissolved corporation that held title to mortgaged property appeal a foreclosure judgment on four mortgages. The court affirmed the foreclosure of three mortgages where the fee titleholder was properly a party and the mortgagees sought relief, but reversed the forec
• Bixler v. Pierson
  188 So. 2d 681· Fla. 4th DCA· 1966-07-19 ·cited 13×
  The court held that replacing a non-conforming trailer with a new one constituted an impermissible alteration or enlargement of a non-conforming structure, not a change in use.
• Hodgson v. Fed. OIL & Dev. Co.
  5 F.2d 442· 8th Cir.· 1925-03-28 ·cited 13×
  The court reversed the dismissal of the bill, finding that the United States was not an indispensable party, the award of the lease was not an adjudication in rem, the claim was not barred by section 18 of the Oil Leasing Act, and the allegations did not conclusively establish la
• LET Miami Beach Decide v. City OF Miami Beach
  120 So. 3d 1282· Fla. 3d DCA· 2013-09-20 ·cited 12×
  A Florida appellate court reversed a trial court's dismissal of a political committee's challenge to two ballot measures in Miami Beach. The court held that a voter referendum on leasing city property to a developer violated ballot clarity requirements because it failed to disclo
• Representative Corrine Brown v. Butterworth
  831 So. 2d 683· Fla. 4th DCA· 2002-10-11 ·cited 12×
  Representatives Brown, Hastings, and Meek challenged Florida's Congressional redistricting plan on equal protection grounds, alleging partisan gerrymandering. The trial court dismissed for lack of subject matter jurisdiction, but the appellate court reversed, holding that circuit
• Horizon S. Master Home Owners Ass'n, Inc. v. Walter B. West and wife
  591 So. 2d 665· Fla. 1st DCA· 1991-12-20 ·cited 12×
  Horizon South Master Home Owners Association and SUCO, Inc. appeal a permanent injunction preventing them from interfering with a fence on the plaintiffs' driveway. The court reverses, finding that the trial court granted summary judgment on a boundary by acquiescence claim witho
• Molecular Tech. Corp. v. Al Valentine
  925 F.2d 910· 6th Cir.· 1991-02-11 ·cited 12×
  The court held that accepting a jury verdict with inconsistent findings and misapplications of instructions was reversible error, and that a judgment notwithstanding the verdict should have been granted for the Snyder defendants on MoTech's negligent misrepresentation claim due t
• Kulawy v. United States
  917 F.2d 729· 2d Cir.· 1990-10-25 ·cited 12×
  The court held that strict compliance with the 10-day public notice requirement of 26 U.S.C. § 6335(d) is mandatory for tax sales, and a taxpayer does not need to show prejudice from a shorter notice period to invalidate the sale.
• Seijas v. Seijas
  557 So. 2d 102· Fla. 3d DCA· 1990-02-06 ·cited 12×
  In this dissolution of marriage case, the trial court reformed the deed to the marital home to reflect joint ownership between husband and wife, voided a quit-claim deed the wife had executed in favor of the husband as having been executed under duress, and allowed the wife to re
• Troso v. Fla. Ins. Guar. Ass'n, Inc.
  538 So. 2d 103· Fla. 4th DCA· 1989-02-08 ·cited 12×
  Guardians of an injured ward sued for negligence against a motel's insurer, but failed to timely amend their complaint to add the motel as a required defendant. The trial court dismissed the amended complaint as barred by the statute of limitations because it was filed after the
• Kroblin Refrigerated Xpress, Inc. v. Wernert J. Pitterich
  805 F.2d 96· 3d Cir.· 1986-11-06 ·cited 12×
  The Third Circuit affirmed the district court's rulings on the guarantee clause, frustration of purpose, specific performance, shareholder standing, and the law firm's fiduciary duty. However, it reversed the district court's determination that Pitterich's $100,000 claim under th
• Farish v. Bankers Multiple Line Ins. Co. & First Marine Bank & Tr. Co. of the Palm Beaches
  425 So. 2d 12· Fla. 4th DCA· 1982-09-22 ·cited 12×
  In this tortious interference with contract case, the Farish law firm obtained a jury verdict of $50,000 compensatory and $2,000,000 punitive damages against Bankers Multiple Line Insurance Company for interfering with its representation of a wrongful death client. The trial cour
• Patterson v. Youngstown Sheet & Tube Co.
  659 F.2d 736· 7th Cir.· 1981-07-20 ·cited 12×
  The court affirmed the district court's judgment, finding that the back pay award, attorney fees, and the determination of the union's liability were proper under Title VII.
• Lucile Hansen v. Peoples Bank OF Bloomington
  594 F.2d 1149· 7th Cir.· 1979-03-20 ·cited 12×
  The court held that the district court properly dismissed the action for lack of diversity jurisdiction after requiring joinder of the non-diverse remaindermen as indispensable parties under Rule 19.
• United States & Equal Emp. Opportunity Comm'n v. E. Tex. Motor Freight Sys., Inc.
  564 F.2d 179· 5th Cir.· 1977-12-05 ·cited 12×
  A bona fide seniority system, even if perpetuating pre-Act discrimination, is lawful under Title VII. Executive Order 11246 does not impose obligations on a union that is not a government contractor and cannot override Title VII's allowance for bona fide seniority systems.
• Bonnet v. Trs. OF Schs. OF Twp. 41 N.
  563 F.2d 831· 7th Cir.· 1977-09-26 ·cited 12×
  The court held that the doctrine of equitable conversion applied, making the contract purchaser an indispensable party and requiring dismissal for lack of diversity jurisdiction.
• McGREGHAR Land Co. v. Meguiar
  521 F.2d 822· 9th Cir.· 1975-08-21 ·cited 12×
  The court held that dismissal based on abatement was improper and that the complaint sufficiently stated a claim under federal securities law.