Joinder Of Causes Of Action

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

• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• In re Amendments to Florida Rules of Civil Procedure
  682 So. 2d 105· Fla.· 1996-10-31 ·cited 63×
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Rules of Civil Procedure submitted by the Civil Procedure Rules Committee, with the notable exception of rejecting a recommendation to expand judicial discretion regarding attorney's fees awards un
• Berwick Corp. v. Kleinginna Inv. Corp.
  143 So. 2d 684· Fla. 3d DCA· 1962-07-31 ·cited 50×
  Berwick Corp., as landlord, appealed a trial court judgment requiring it to return a tenant's security deposit after finding constructive eviction due to the landlord's breach of its covenant to keep the roof sound and watertight. The court affirmed the judgment, holding that the
• Hattie O. Montgomery v. Carlton
  99 Fla. 152· Fla.· 1930-01-28 ·cited 44×
  Heirs of Francis M. Waldron challenged a charitable trust deed conveying property to the Methodist Episcopal Church, South, arguing the deed was void on multiple grounds including defective acknowledgment, perpetuity violations, and lack of a reversion clause. The Florida Supreme
• Charleb S. Mountein v. Birdie E. King
  75 Fla. 12· Fla.· 1918-01-10 ·cited 41×
  King sued Mountein seeking an accounting for proceeds from the sale of inherited real estate, cancellation of a trust deed, and partition of remaining lands. The Florida Supreme Court affirmed the lower court's overruling of Mountein's demurrers, holding that a bill seeking both
• The Dir. Gen. of Railroads v. Wilford
  81 Fla. 430· Fla.· 1921-04-02 ·cited 38×
  The Florida Supreme Court reversed a circuit court judgment in a livestock damages case, holding that the court lacked subject matter jurisdiction because each individual claim for damages fell below the $100 constitutional threshold for circuit court jurisdiction, and multiple s
• Walker v. Smith
  119 Fla. 430· Fla.· 1935-05-24 ·cited 34×
  Dorothy Walker and her husband sued for injuries and property damage resulting from a collision between their automobile and an unlit truck negligently left on a public highway by defendants. The Florida Supreme Court reversed the trial court's dismissal of the wife's injury clai
• Highland Ins. Co. v. Walker Mem'l Sanitarium & Benevolent Ass'n
  225 So. 2d 572· Fla. 2d DCA· 1969-08-08 ·cited 29×
  Highland Insurance Company appealed an order severing claims against Dr. Courtney from claims against Dr. Larsen and Walker Memorial Hospital, and transferring venue from Hillsborough to Highlands County. The court held that multiple defendants allegedly causing identical injurie
• Cole v. First Dev. Corp. OF Am.
  339 So. 2d 1130· Fla. 2d DCA· 1976-11-24 ·cited 28×
  The Florida District Court of Appeal reversed a summary judgment dismissing appellant's fraud action on res judicata grounds. The court held that the prior contract action and the current tort action were sufficiently distinct in their required facts and relief sought to avoid re
• Cicero v. Paradis
  184 So. 2d 212· Fla. 2d DCA· 1966-02-23 ·cited 28×
  The court affirmed the dismissal of an action filed in Hillsborough County, treating it as an abatement based on the pendency of a prior action in Okeechobee County. The court held that despite some changes in parties between the two actions, there was sufficient identity of part
• Raymond C. Baker and wife v. Rowe
  102 Fla. 622· Fla.· 1931-07-28 ·cited 26×
  The Florida Supreme Court addressed two consolidated mortgage foreclosure appeals involving identical parties and similar facts concerning two contiguous lots in Holly Hill. The court held that while consolidation should have been granted under Florida's liberal joinder statutes,
• United States v. Louisville & Nashville R.R. Co.
  221 F.2d 698· 6th Cir.· 1955-04-13 ·cited 24×
  The court held that the district court had jurisdiction because each shipment constituted a separate contract, and the joinder of multiple claims, each under $10,000, was permissible under the Tucker Act and Federal Rules of Civil Procedure.
• The Pensacola Elec. Co. v. Gus A. Soderlind
  60 Fla. 164· Fla.· 1910-06-01 ·cited 24×
  The Florida Supreme Court reversed a judgment for $10,000 against Pensacola Electric Company in a wrongful death case because the plaintiff improperly joined two causes of action—one arising in his personal capacity as father and one in his representative capacity as administrato
• Hartford Fire Ins. Co. v. Brown
  119 Fla. 610· Fla.· 1935-04-04 ·cited 23×
  Hartford Fire Insurance Co. and other insurers, along with the Town of Madison, allegedly conspired to deprive J.W. Brown of his equitable interest in property and insurance proceeds. Brown sought equitable relief including reformation of a bond for title, trust liability, and sp
• Gen. Dynamics Corp. v. Hewitt
  225 So. 2d 561· Fla. 3d DCA· 1969-07-29 ·cited 22×
  The Court holds that a common-law cause of action for misrouting is not inconsistent with the Motor Carrier Act and is preserved by statute.
• Monco OF Orlando, Inc. v. ITT Indus. Credit Corp.
  458 So. 2d 332· Fla. 5th DCA· 1984-10-04 ·cited 16×
  Monco appeals a judgment for ITT on a civil theft count after Monco was required to elect remedies before trial among replevin, conversion, and civil theft claims arising from ITT's possession of Monco's milling machine. The court holds that election between inconsistent remedies
• Buckmaster v. George Kelley and others
  15 Fla. 180· Fla.· 1875-01-01 ·cited 16×
  Amanda Buckmaster, as administratrix of her deceased husband's estate, appealed a decree dismissing her mortgage foreclosure suit on the Kelly mortgage due to presumption of payment based on the nineteen-year lapse since the note's maturity. The Florida Supreme Court affirmed the
• The Franklin Life Ins. Co. v. Tharpe
  118 Fla. 832· Fla.· 1935-03-20 ·cited 15×
  Franklin Life Insurance Company appealed an order denying its motion to dismiss a bill of complaint filed by Virginia Y. Tharpe (widow) and Lester T. Tharpe, Jr. (minor son) seeking to enforce two life insurance policies. The Florida Supreme Court held that the bill was multifari
• Wismer v. Alyea
  103 Fla. 1102· Fla.· 1932-01-06 ·cited 15×
  Wismer appeals a judgment in ejectment favoring Alyea for possession of land and $550 in mesne profits. The Florida Supreme Court affirms, finding that despite evidentiary irregularities, Alyea established sufficient prior possession and that Wismer's repudiation of the purchase
• Nat'l Leasing Corp. v. Bombay Hotel, Inc.
  159 So. 2d 111· Fla. 3d DCA· 1963-12-20 ·cited 13×
  The court held that Florida Statute § 46.08, prohibiting the joinder of replevin with other causes of action, was not repealed by the Florida Rules of Civil Procedure because its provisions are substantive, not procedural.
• Georgia v. Andrews
  61 Fla. 246· Fla.· 1911-01-01 ·cited 13×
  This case concerns whether a circuit court has jurisdiction over claims for damages to livestock killed by a train when the total claimed damages, including statutory double damages, exceed $100. The court held that a claim for multiple animals killed at the same time, with doubl
• Hemingway v. Bresney
  733 So. 2d 1135· Fla. 4th DCA· 1999-06-09 ·cited 11×
  Hemingway appealed the dismissal of her negligence claim against Bresney based on improper venue and sought leave to amend her complaint. The court affirmed the dismissal due to lack of proper venue but reversed and remanded, holding that the trial court abused its discretion by
• The Dep't OF Ins. OF the State OF Fla. v. Coopers & Lybrand
  570 So. 2d 369· Fla. 3d DCA· 1990-11-13 ·cited 11×
  The Florida Department of Insurance appealed a trial court order dismissing its claims in eight of nine capacities against accounting firm Coopers & Lybrand. The court affirmed, holding that a plaintiff cannot sue in multiple distinct legal capacities in a single action and must
• Horowitz v. United Invs. Corp.
  227 So. 2d 719· Fla. 3d DCA· 1969-11-04 ·cited 11×
  A settlement and discontinuance of an individual's action to recover a personal debt does not bar a subsequent derivative action by that individual on behalf of a corporation, as they involve separate rights and capacities.
• Goldman v. Kent Cleaners & Laundry, Inc.
  110 So. 2d 50· Fla. 3d DCA· 1959-03-17 ·cited 10×
  Goldman sued a cleaner for personal injuries but first joined his wife's negligence suit, claiming only loss of consortium and medical expenses while reserving a separate claim for his personal injuries. The court held that Florida law requires all damages from a single wrongful
• Liddon v. Hartwell Hodnett
  22 Fla. 271· Fla.· 1886-01-01 ·cited 10×
  This Florida Supreme Court case addresses whether forcible entry and unlawful detainer can be joined in a single complaint under the forcible entry and detainer statute of 1868. The Court reversed the dismissal of the complaint, holding that while these are technically distinct c
• Crescenzo v. Marshall
  199 So. 3d 353· Fla. 2d DCA· 2016-08-12 ·cited 9×
  William Crescenzo filed a quiet title complaint combining six separate lawsuits into one complaint to avoid filing fees. The trial court sua sponte dismissed the entire complaint, and Crescenzo appealed, arguing the dismissal violated his due process rights and that the court sho
• Carol Mgmt. Corp. v. The Maxwell Co., Inc.
  156 So. 2d 773· Fla. 3d DCA· 1963-10-15 ·cited 7×
  The appellate court reversed a trial court's judgment that allowed a plaintiff to sue again for a portion of a contract dispute. The court held that the trial court should have resolved all issues in the initial lawsuit to prevent piecemeal litigation.
• Sandy Isles OF Miami, Inc. v. Futernick
  154 So. 2d 355· Fla. 3d DCA· 1963-05-21 ·cited 7×
  The court held that a counterclaim in a replevin action cannot include claims for damages independent of the replevin action, such as breach of contract.
• Metro. Dade Cnty. v. Hicks
  323 So. 2d 590· Fla. 3d DCA· 1975-09-30 ·cited 6×
  Metropolitan Dade County and its liability insurer challenged a trial court's refusal to sever claims brought by a mother both individually and as administratrix of her deceased child's estate in a wrongful death action. The court held that Florida law prohibits joinder of indivi
• Gideon F. Hendrie v. Hendrie
  118 Fla. 478· Fla.· 1935-02-25 ·cited 6×
  In this 1935 Florida Supreme Court case, Beatrice Wood Hendrie sought separate maintenance and exclusive possession of marital property against her husband Gideon F. Hendrie and his son Harold R. Hendrie. The court reversed orders granting her relief, finding the trial court lack
• Yates v. Peninsular Sec. Corp.
  107 Fla. 802· Fla.· 1932-11-25 ·cited 6×
  The Florida Supreme Court affirmed the dismissal of a bill in equity brought by second mortgage bondholders against various defendants for allegedly breaching agreements to protect their bonds. The court held that the bill was properly dismissed for multifariousness because it jo
• Bauknight v. A. M. Sloan & Co.
  17 Fla. 284· Fla.· 1879-06-01 ·cited 6×
  The Florida Supreme Court reversed a decree in a fraud case brought by multiple creditors against a debtor and alleged fraudulent grantees, holding that the bill improperly joined legal and equitable causes of action, mixed claims of distinct creditors with different interests, a
• Mather-Smith v. Fairchild
  135 So. 2d 233· Fla. 2d DCA· 1961-12-06 ·cited 5×
  A guardian appealed the denial of a motion to dismiss an amended complaint challenging a deed given by his ward before her incompetency adjudication. The court held that alternative pleading alleging both incompetency at execution and undue influence is permissible under Florida'
• Cnty. OF Sarasota v. Leolus L. Wall
  403 So. 2d 500· Fla. 2d DCA· 1981-08-24 ·cited 4×
  Sarasota County sought certiorari review of a trial court's denial of its motion to dismiss a civil complaint where the plaintiff improperly joined a wrongful death claim with personal injury and property damage claims in a single action. The court granted the petition and held t
• Cantrell v. GAF Corp.
  999 F.2d 1007· 6th Cir.· 1993-07-26 ·cited 3×
  The court affirmed the judgment, despite reservations about prejudicial factors, due to defendant's failure to object.
• Robinson v. Cinema Int'l, Ltd.
  356 So. 2d 843· Fla. 4th DCA· 1978-03-14 ·cited 2×
  Robinson appeals the trial court's order striking his counterclaim in a replevin action filed by Cinema International to recover a film. The court reverses, holding that counterclaims are permissible in replevin actions, particularly where the counterclaim arises from the same tr
• Rogers v. Alaska S.S. Co.
  290 F.2d 116· 9th Cir.· 1961-01-27 ·cited 2×
  The court held that the dismissal of the class action counts was proper because the underlying premise of entitlement to additional wages could not be established by the class members.
• Lloyds' London and various alien insurers v. Blair
  262 F.2d 211· 10th Cir.· 1958-12-19 ·cited 2×
  The court held that a tort claim against the United States under the Tort Claims Act cannot be joined with a contract claim against insurance companies.
• Hartford Fire Ins. Co. v. Loran Leroy Smith
  203 So. 3d 1013· Fla. 4th DCA· 2016-11-09 ·cited 1×
  Hartford Fire Insurance Company appeals a trial court's denial of its motions to bifurcate/sever counts, dismiss for improper joinder, and transfer venue in a bad faith and legal malpractice case filed by an insured driver. The court dismissed the appeal regarding bifurcation for
• Umberto Pages v. Dominguez
  652 So. 2d 864· Fla. 4th DCA· 1995-03-08
  Pages sought certiorari review of a trial court's order denying consolidation of two separate lawsuits arising from a single automobile accident in which two brothers were injured—one fatally and one with severe brain damage. The Fourth District Court of Appeal denied the petitio
• Vannoy Banks v. Steinhardt
  427 So. 2d 1054· Fla. 4th DCA· 1983-03-09
  The court held that dismissing the quantum meruit claim was error, requiring reversal and remand for further proceedings. The award of attorney fees and costs was also reversed.
• Imperial Towers Condo., Inc. v. Brown
  38 Fla. Supp. 123· Broward Cty. Cir. Ct.· 1973-04-04
  Imperial Towers Condominium association and unit owners brought suit against developers and former board directors for construction defects, breach of fiduciary duty, breach of contract, misrepresentation, and violations of Florida securities law in a condominium development. The
• Costner v. Costner
  263 So. 2d 852· Fla. 1st DCA· 1972-07-18
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a wife who obtained a separate maintenance judgment in Escambia County could assert a venue privilege to prevent her husband from filing a modification and dissolution petition in Volusia County,
• Am. Fed'n OF Labor v. Watson
  159 Fla. 333· Fla.· 1947-07-22
  Labor unions and individual workers challenged Florida's constitutional amendment protecting the right to work by seeking a declaratory judgment on its validity and application to six different factual situations involving closed-shop agreements. The trial court dismissed the bil
• Bernhart v. Peebles
  153 Fla. 431· Fla.· 1943-07-20
  The Florida Supreme Court dismissed an appeal from a circuit court order denying a petition for writ of certiorari that sought to reinstate language in a negligence complaint allowing the husband to recover for automobile damage. The court held the circuit court's order was not a
• Cook v. Lewis K. Liggett Co., Inc.
  126 Fla. 555· Fla.· 1936-12-23
  The Florida Supreme Court held that a married woman who is a party to a judgment may sue out a writ of error within two years under Section 4620, even if her co-plaintiff husband failed to do so within the six-month deadline applicable to other parties. The court rejected the def
• Gilson F. Farrington v. Allen
  103 Fla. 931· Fla.· 1931-12-21
  The Florida Supreme Court reversed a lower court's decree enforcing two separate mortgage liens, holding that the mortgagor had the right to redeem each tract of land individually.