Interlocutory Decree

145 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lovett v. Lovett
  112 So. 768· Fla.· 1927-03-29 ·cited 369×
  In this partition case, the Florida Supreme Court addresses whether additional land can be brought before a court through a defendant's answer and counter-claim without making necessary parties (two minor co-defendants) parties to that counter-claim. The Court holds that the proc
• Camp Phosphate Co. v. Anderson
  48 Fla. 226· Fla.· 1904-06-01 ·cited 94×
  Camp Phosphate Company appealed from decrees ordering partition and sale of jointly-owned land, arguing the chancellor lacked authority to determine legal title disputes in an equity partition suit without juries. The Florida Supreme Court held that while courts of equity have br
• Petitions of The Kinsman Transit Co.
  338 F.2d 708· 2d Cir.· 1964-10-29 ·cited 69×
  The court held that while some damages were foreseeable and thus recoverable, damages resulting from the damming effect and subsequent flooding were too remote and unforeseeable to impose liability.
• Thomson v. Kyle
  39 Fla. 582· Fla.· 1897-06-01 ·cited 60×
  This case concerns whether a mortgage executed in Alabama by a married woman to secure her husband's debt is enforceable in Florida where the mortgaged real estate is located. The court held that the validity of the mortgage is determined by Florida law (the situs state), not Ala
• The Haverhill Gazette Co. v. Union Leader Corp.
  333 F.2d 798· 1st Cir.· 1964-06-08 ·cited 57×
  The court held that the master's findings on damages were infected by serious errors regarding causation standards and the application of collateral estoppel, requiring a new trial.
• Todd Shipyards Corp. v. Auto Transp., S.A.
  763 F.2d 745· 5th Cir.· 1985-06-24 ·cited 52×
  The law of the case doctrine bars reconsideration of issues decided in a prior appeal, and attorney's fees awarded for breach of warranty are foreseeable damages subject to contractual limitations.
• Swepson v. Wilkinson Call and James M. Baker
  13 Fla. 337· Fla.· 1869-01-01 ·cited 51×
  The Florida Supreme Court reversed a lower court's issuance of an injunction and appointment of a receiver in a railroad company dispute, holding that the judge of the Fourth Circuit lacked proper jurisdiction because the case had not been properly transferred from Leon County to
• Dunscombe v. Smith
  139 Fla. 497· Fla.· 1939-07-25 ·cited 49×
  This is the second appeal in a class action suit by depositors of the failed Stuart Bank & Trust Company seeking to recover additional assets beyond those distributed under a prior stipulation and decree. The Florida Supreme Court affirmed the trial court's dismissal, holding tha
• Gersten v. Commissioner OF Internal Revenue
  267 F.2d 195· 9th Cir.· 1959-02-27 ·cited 44×
  The Tax Court erred by not making a specific finding of fair market value for contract rights distributed in corporate liquidation, and Albert Gersten could not file a joint return with his second wife due to an invalid Mexican divorce under California law.
• A. B. Dick Co. v. Marr
  197 F.2d 498· 2d Cir.· 1952-05-26 ·cited 41×
  The appeal is dismissed as moot because the plaintiff's voluntary dismissal of the underlying patent infringement case vitiated all prior proceedings and rendered the controversy moot, despite the prior fraud allegations.
• Cooper v. Tampa Elec. Co.
  154 Fla. 410· Fla.· 1944-05-05 ·cited 39×
  This case addresses whether customers of Tampa Electric Company outside the city of Tampa can challenge allegedly discriminatory higher rates through court action. The Florida Supreme Court held that while customers have a constitutional right to challenge discriminatory rates, t
• Farbwerke Hoeschst A. G. v. M/V "DON Nicky"
  589 F.2d 795· 5th Cir.· 1979-02-14 ·cited 38×
  The court held that summary judgment was improperly granted because disputed issues of material fact existed regarding the vessel's seaworthiness and the impact of cargo packaging on damages. The court also found that the shippers were not the real parties in interest.
• Craton Liddell v. Earline Caldwell
  546 F.2d 768· 8th Cir.· 1976-12-13 ·cited 36×
  The court held that the district court erred in denying the appellants' motion to intervene because their application was timely given the interlocutory nature of the consent decree and the ongoing development of a desegregation plan.
• Dickinson v. Burnham
  197 F.2d 973· 2d Cir.· 1952-06-24 ·cited 36×
  The court held that the district court properly adjudicated claims arising from a fraudulent scheme by treating the case as a hybrid class action, allowing for a complete and equitable distribution of funds and barring further claims by absent parties.
• Alltmont v. United States
  177 F.2d 971· 3d Cir.· 1949-11-23 ·cited 36×
  Copies of written witness statements cannot be obtained as of right through interrogatories under Admiralty Rule 31; production requires a showing of good cause under Admiralty Rule 32.
• O'Donnell Transp. Co., Inc. v. City of N.Y. the Kosciusko. the Don. the Anna F. O'Donnell
  215 F.2d 92· 2d Cir.· 1954-07-06 ·cited 35×
  The court held that the district court did not abuse its discretion in denying interest on the award where the damaged barges were not repaired and continued in operation, especially given the libellant's delay in filing suit.
• Yandell v. Yandell
  160 Fla. 164· Fla.· 1948-02-17 ·cited 32×
  Florida Supreme Court granted certiorari to review an interlocutory order finding a husband in contempt for nonpayment of alimony. The court held that the evidence did not establish either voluntary nonpayment or the husband's ability to pay, and therefore quashed the contempt or
• Cone v. Lottie K. Benjamin
  142 Fla. 604· Fla.· 1940-04-12 ·cited 32×
  This case concerns whether an order dismissing a bill of complaint for only some of the defendants is a final or interlocutory decree. The court held that such an order is interlocutory because it does not resolve the entire controversy, and therefore, certiorari is the appropria
• Irving Tr. Co. v. Kaplan
  155 Fla. 120· Fla.· 1944-10-31 ·cited 30×
  The Florida Supreme Court reviewed whether a deficiency judgment from a New York mortgage foreclosure action was subject to Florida's seven-year statute of limitations. The court held that a deficiency judgment entered after a foreclosure decree constitutes a separate final judgm
• Powell v. Fla. Land & Improvement Co.
  41 Fla. 494· Fla.· 1899-06-01 ·cited 30×
  This case addresses whether an injunction remains in effect when an appeal with a supersedeas is pending. The court held that a supersedeas suspends the enforcement of an injunction, meaning violations during the appeal period cannot be punished as contempt.
• Bloxham v. The Fla. Cent. & Peninsular R.R. Co.
  39 Fla. 243· Fla.· 1897-01-01 ·cited 30×
  The Florida Supreme Court addresses whether a circuit court may permit filing of a supplemental bill in the nature of a bill of review after the appellate court has affirmed or modified a decree. The court holds that absent express authorization from the appellate court, a lower
• Owens v. Love
  9 Fla. 325· Fla.· 1861-01-01 ·cited 30×
  The Florida Supreme Court affirmed the trial court's grant of leave to file a supplemental bill and rehearing in an equity case involving the redemption of enslaved persons. The court held that the 1858 decree was interlocutory (not final) because it referred material factual que
• James Richardson & Sons v. Conners Marine Co., Inc.
  141 F.2d 226· 2d Cir.· 1944-03-01 ·cited 26×
  The court held that the agreements for reduced demurrage rates during a temporary delay due to war conditions constituted maritime contracts, and that the respondent was liable for damages caused by the unseaworthiness of the barges.
• Heverle v. Rasmussen
  103 Fla. 76· Fla.· 1931-10-14 ·cited 26×
  In this equity case, the Florida Supreme Court held that a complainant in a trust enforcement suit has the right to dismiss his bill with prejudice after an interlocutory decree finding the equities in his favor, thereby abandoning his claim and recovering the deposit he made to
• Walter E. Heller & Co. v. O/S Sonny V.
  595 F.2d 968· 5th Cir.· 1979-05-16 ·cited 25×
  The court held that the offset for deficiency liability should be measured by the fair market value of the vessel, not just the foreclosure sale price, if a substantial disparity is shown. It also held that J.B. Vance was not individually liable for extension charges and affirmed
• Hoyt E. Morris and Viola Morris v. Myron M. Kridel
  179 So. 2d 130· Fla. 2d DCA· 1965-09-21 ·cited 25×
  In a habeas corpus dispute over custody of a minor child, the Florida District Court of Appeal reversed a trial court order requiring the child's return to New Jersey, holding that a Florida court has jurisdiction to determine custody based on the child's best interests rather th
• Petrol Corp. v. Petroleum Heat & Power Co., Inc.
  162 F.2d 327· 2d Cir.· 1947-06-18 ·cited 25×
  The court held that the judgment was not final because damages had not yet been fixed, and therefore, the appeal was premature.
• Cummings v. Redeeriaktieb Transatlantic
  242 F.2d 275· 3d Cir.· 1957-03-12 ·cited 24×
  The court held that an order refusing to dismiss a libel is not an appealable interlocutory decree under 28 U.S.C. § 1292(3) because it does not determine the rights and liabilities of the parties.
• Donegan v. Baker & Holmes Co.
  73 Fla. 241· Fla.· 1917-02-02 ·cited 24×
  Baker & Holmes Company sought to compel the defendant (also named Baker & Holmes Company in its trustee capacity) to distribute a fund created from the sale of assets of an insolvent corporation to its creditors according to an agreed-upon schedule. The Florida Supreme Court affi
• Bellamy v. the Sheriff of Jackson Cnty.
  6 Fla. 62· Fla.· 1855-01-01 ·cited 24×
  The trust deed of November 1844 was valid between the parties and included the mortgaged slaves and land by virtue of the general language 'all his personal effects of every name, nature and description' and the reference to 'future cotton crops made on said plantation,' which ne
• States S.S. Co. v. Permanente S.S. Corp.
  231 F.2d 82· 9th Cir.· 1956-03-06 ·cited 23×
  The court held that the trial court's finding of sole fault for the collision on the Colorado was clearly erroneous, as the Permanente Silverbow's failure to signal its course changes also contributed to the collision.
• Annie Banks v. Guinyard
  63 Fla. 334· Fla.· 1912-01-01 ·cited 23×
  This is a partition suit where the Florida Supreme Court dismissed an appeal from an interlocutory decree because the appellants appealed only from the intermediate order after the final decree had already been rendered, failing to properly appeal from the final partition sale de
• Blount v. Hansen
  116 So. 2d 250· Fla. 2d DCA· 1959-12-11 ·cited 22×
  The appellants sought to appeal an amended final decree concerning the construction of a statute related to property tax assessment. The Florida District Court of Appeal held that the amended decree was interlocutory, not final, because it resolved only the statutory construction
• Olin's, Inc. v. AVIS Rental CAR Sys. OF Fla., Inc.
  100 So. 2d 825· Fla. 3d DCA· 1958-01-09 ·cited 22×
  The court denied a motion to change an interlocutory appeal to a final decree appeal, holding that the lower court's decree, which retained jurisdiction for further proceedings, was indeed interlocutory.
• W. States Mach. Co. v. S. S. Hepworth Co.
  152 F.2d 79· 2d Cir.· 1945-12-03 ·cited 20×
  The court held that an appeal from a final decree can correct errors in an interlocutory decree that were not decided on a prior appeal and were carried into the final decree.
• Finlayson v. Lipscomb
  15 Fla. 558· Fla.· 1876-01-01 ·cited 20×
  The court reversed an order granting a rehearing because the defendant sought to introduce new testimony after a final decree had been pronounced but not yet entered. The court clarified that a petition for rehearing is not the proper mechanism for introducing new evidence in suc
• James McWILLIAMS Blue Line, Inc. v. Esso Standard OIL Co.
  245 F.2d 84· 2d Cir.· 1957-05-15 ·cited 19×
  The court held that the towing agreement implied a warranty of workmanlike service, making Conners liable to Esso for damages caused by its negligent towing, and that the claim was governed by the six-year statute of limitations, not the three-year statute for property damage.
• Lowry & Co., Inc. v. D'Iberville
  372 F.2d 123· 2d Cir.· 1967-01-31 ·cited 18×
  An order staying an admiralty action pending arbitration is not a final order and is therefore not appealable.
• Shannon v. Winnifred B. Shannon
  136 So. 2d 253· Fla. 1st DCA· 1962-01-09 ·cited 18×
  This case addresses the appellate jurisdiction and proper procedure for reviewing a decree entered after a final divorce decree. The court held that while Rule 4.2 applies to interlocutory orders entered after final decree, a party may appeal a final decree rendered after the ini
• Cunningham v. English
  269 F.2d 539· D.C. Cir.· 1959-06-10 ·cited 18×
• Rogers v. Alaska S.S. Co.
  249 F.2d 646· 9th Cir.· 1957-10-29 ·cited 18×
  The court held that the appeal must be dismissed because the order appealed from was not a final judgment, and therefore not appealable.
• St. Andrews Bay Land Co. v. Campbell
  5 Fla. 560· Fla.· 1854-08-01 ·cited 18×
  Ann W. Campbell appealed an interlocutory decree in a partition suit concerning St. Andrews Bay land, claiming an interest as heir to her father John Clark. The Florida Supreme Court reversed and remanded, finding the bill failed to adequately allege the facts necessary to establ
• Bellamy v. Bellamy
  4 Fla. 242· Fla.· 1851-01-01 ·cited 17×
  The Florida Supreme Court held that it lacks jurisdiction to entertain appeals from interlocutory decrees in chancery cases, only from final decrees. The court dismissed an appeal from a decree that appointed a receiver, ordered an accounting, and retained the bill for further pr
• In re The Complaint of Bankers Tr. Co. v. Bethlehem Steel Corp.
  651 F.2d 160· 3d Cir.· 1981-05-15 ·cited 16×
  The court held that the shipowner's petition for limitation of liability should not have been denied based on the astern guardian valve defect, as the owner made reasonable efforts to ensure its repair and lacked privity or knowledge of the defect. The court also found that the t
• Hellenic Lines Ltd. v. Brown & Williamson Tobacco Corp.
  277 F.2d 9· 4th Cir.· 1960-03-23 ·cited 16×
  The ship is not liable for heat damage to tobacco caused by shutting down ventilation fans during wartime blackout orders, as this was an act of management for the ship's safety, not a failure to care for cargo.
• Sunbeam Corp. v. Masters OF Miami, Inc.
  225 F.2d 191· 5th Cir.· 1955-07-22 ·cited 16×
  The dissenting judge argues that the majority erred in concluding that Florida's public policy opposes fair trade contracts. He asserts that the Florida Legislature's enactment of Fla. Stat. § 541.03, which permits price maintenance by contract, establishes the state's public pol
• The Cont'l Nat'l Bldg. & Loan Ass'n v. Receiver
  41 Fla. 421· Fla.· 1899-06-01 ·cited 16×
  This case involves a dispute over receivership property in a building and loan association merger. The Continental National Building and Loan Association acquired assets from the Florida National Building and Loan Association, and shareholders filed suit alleging mismanagement. A
• Republic OF France & Compagnie Generale Transatlantique v. United States
  290 F.2d 395· 5th Cir.· 1961-05-05 ·cited 15×
  The dissenting judge believes the district court's findings and conclusions were not clearly erroneous and the judgment should be affirmed.
• In re the Adoption of Mary Ester Johnson
  157 Fla. 25· Fla.· 1946-02-01 ·cited 15×
  The Florida Supreme Court affirmed a final adoption decree despite procedural irregularities in the adoption proceedings, holding that where statutory formalities relating to the exercise of jurisdiction are breached but cause no demonstrable harm, such violations constitute harm
• Jacksonville v. Broughton
  38 Fla. 139· Fla.· 1896-06-01 ·cited 15×
  The Florida Supreme Court denied motions to dismiss appeals filed by the Jacksonville, Mayport & Pablo Railway & Navigation Company and the Mercantile Trust Company from a lower court decree ordering sale of the railway's property to satisfy creditor claims. The court addressed p