Merger Doctrine

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

• Macio Ennis v. LeFEVRE
  560 F.2d 1072· 2d Cir.· 1977-08-09 ·cited 12×
  The court affirmed the denial of the petition because the appellant had not exhausted his state remedies regarding the ineffective assistance of counsel claim.
• Harville Rose Serv. v. Kellogg Co.
  448 F.2d 1346· 5th Cir.· 1971-09-29 ·cited 12×
  The court held that the written purchase order, containing an integration clause, superseded all prior oral agreements, and thus extrinsic evidence of those oral agreements was inadmissible.
• Diamond R. Fertilizer Co., Inc. v. Lake Packing P'ship
  743 So. 2d 547· Fla. 5th DCA· 1999-07-30 ·cited 11×
  Diamond R. Fertilizer Company appeals a summary judgment entered in favor of Lake Packing Partnership and others based on the doctrines of merger and election of remedies. The court reverses, holding that the trial court erred in applying these doctrines because factual issues re
• Carlon, Inc. v. Southland Diversified Co.
  381 So. 2d 291· Fla. 4th DCA· 1980-03-12 ·cited 11×
  Carlon, Inc. sued Southland Diversified Company for accelerated rental payments under a written equipment lease after the defendant abandoned use of fountain equipment after seven months. The court reversed the trial court's judgment, holding that parol evidence of oral negotiati
• Shana English v. Bankers Tr. Co. OF Cal., N.A.
  895 So. 2d 1120· Fla. 4th DCA· 2005-01-26 ·cited 10×
  A foreclosure sale is void if the fee simple owner is not joined as a party, and a subsequent foreclosure action is necessary to enforce the mortgagee's rights.
• Kidd v. Fowler
  498 So. 2d 969· Fla. 4th DCA· 1986-11-19 ·cited 10×
  Kidd appeals a summary judgment that extinguished his reserved life estate in an apartment complex he sold and found his mechanic's lien fraudulent. The court affirmed the dismissal of the fraudulent lien but reversed the extinguishment of the life estate, finding the deed should
• S. Bank OF Lauderdale Cnty. v. Internal Revenue Serv.
  770 F.2d 1001· 11th Cir.· 1985-09-13 ·cited 10×
  A nonjudicial foreclosure sale conducted without proper notice to the United States, as required by 26 U.S.C. § 7425(b), does not disturb the federal tax lien, and the lien is elevated from its junior status.
• Perry v. Stewart Title Co.
  756 F.2d 1197· 5th Cir.· 1985-04-08 ·cited 10×
  The court held that the district court correctly granted judgments n.o.v. on claims arising from attempted rescission due to lack of damages evidence, but improperly granted directed verdicts on the Texas Debt Collection Act claim.
• Sunshine Utils. Equip., Inc. v. Treasure Coast Utils., Inc.
  421 So. 2d 1096· Fla. 4th DCA· 1982-10-06 ·cited 10×
  Sunshine Utilities appealed a judgment that its debt claim had been merged into a prior judgment based on the doctrine of merger. The court reversed, holding that the trial court erred by considering extrinsic evidence to determine merger, as the doctrine should be applied only b
• Ludlow v. Brinker
  403 So. 2d 969· Fla.· 1981-07-30 ·cited 10×
  An indigent litigant's actionable claim or demand does not dissipate after judgment, and post-judgment services, such as recording a cost judgment, should be provided without charge under the statute.
• Compulife Software, Inc. v. Binyomin Rutstein
  111 F.4th 1147· 11th Cir.· 2024-08-01 ·cited 9×
  The Eleventh Circuit held that the district court erred by failing to consider the copyrightability of the entire arrangement of Compulife's source code, requiring remand for new findings on the copyright infringement claim. However, the court affirmed the district court's judgme
• Webber v. D'Agostino
  251 So. 3d 188· Fla. 4th DCA· 2018-07-05 ·cited 9×
  A promissory note's provision for attorney's fees in connection with collection of the note is broad enough to encompass post-judgment litigation expenses, and section 57.115 authorizes recovery of attorney's fees incurred in connection with execution on a judgment even after the
• Engle Homes, Inc. v. Jones
  870 So. 2d 908· Fla. 4th DCA· 2004-04-14 ·cited 9×
  Engle Homes appealed the trial court's denial of its motion to compel arbitration of the Joneses' mold-related damages claims. The court reversed, holding that the arbitration clause in the Purchase Agreement survived closing and clearly covered the Joneses' negligent design and
• Davie L. Vernon v. Serv. Trucking, Inc.
  565 So. 2d 905· Fla. 5th DCA· 1990-08-23 ·cited 9×
  The Vernons, as guarantors on promissory notes, sought to compel satisfaction of a judgment against them after the creditor satisfied the judgment against the primary obligor. The court held that under Florida law, release of one joint and several obligor does not release the oth
• Lawton v. McIlvaine
  113 Fla. 743· Fla.· 1934-01-15 ·cited 9×
  In this mortgage priority dispute, the Florida Supreme Court affirmed that when a mortgagee acquires fee simple title to protect her mortgage lien from intervening liens, no merger occurs that would extinguish her mortgage in favor of a senior mortgagee's lien. The court held tha
• Weston Orlando Park, Inc. v. Fairwinds Credit Union
  86 So. 3d 1186· Fla. 5th DCA· 2012-04-27 ·cited 8×
  Weston Orlando Park and related entities appealed from a final summary judgment of foreclosure entered in favor of Fairwinds Credit Union. The court affirmed the foreclosure judgment but reversed the trial court's reservation of jurisdiction regarding Fairwinds's claims for breac
• CB Fleet Co., Inc. v. Unico Holdings, Inc.
  510 F. Supp. 2d 1078· S.D. Fla.· 2007-04-25 ·cited 8×
  C.B. Fleet Company obtained a preliminary injunction against Unico Holdings for copyright infringement of its Phospho-soda bowel cleansing kit's patient instruction sheet and package design. The court found C.B. Fleet established a substantial likelihood of success on the merits,
• Kaufman v. W.G. Lassiter, Jr.
  616 So. 2d 491· Fla. 4th DCA· 1993-03-10 ·cited 8×
  This case resolves a dispute over a lease option to purchase property where the lessee sought specific performance at fair market value rather than the stated $200,000 option price. After six years of litigation establishing the fair market value at $1.6 million, the lessee refus
• Schubot v. McDonalds Corp.
  757 F. Supp. 1351· S.D. Fla.· 1990-12-26 ·cited 8×
  The court held that plaintiffs' claims of fraud, statutory violations, breach of contract, and tortious interference failed because the written agreements contained release and disclaimer clauses that superseded any prior oral representations, and because plaintiffs lacked a lega
• Burkett v. Rice
  542 So. 2d 480· Fla. 2d DCA· 1989-05-05 ·cited 8×
  Affirmed judgment for buyers who suffered damages from sellers' failure to disclose material facts affecting property value, but reversed and remanded on cross-appeal to award attorneys' fees and correct prejudgment interest calculation.
• La RUE v. McCARTHY
  833 F.2d 140· 9th Cir.· 1987-11-23 ·cited 8×
  The court held that the California Supreme Court's refusal to apply its new felony murder rule retroactively to the petitioner's case did not violate the federal Constitution's due process or equal protection clauses.
• In re Morris Paint & Varnish Co.
  773 F.2d 130· 7th Cir.· 1985-09-05 ·cited 8×
  The court held that Morris failed to present specific facts demonstrating detrimental reliance on the Bank's alleged promises, thus the Bank was entitled to apply insurance proceeds to the loan balance.
• Sec. & Exch. Comm'n v. Mount Vernon Mem'l Park
  664 F.2d 1358· 9th Cir.· 1982-01-04 ·cited 8×
  The court held that Mount Vernon is an investment company under the Investment Company Act of 1940, as its debentures fit the definition of face-amount certificates of the installment type, and a reinvestment requirement is not necessary for regulation.
• Sykes v. State
  397 So. 2d 991· Fla. 1st DCA· 1981-04-22 ·cited 8×
  George Washington Sykes was convicted of attempted grand theft after a jury instruction on attempt, but the appellate court held that no such offense exists under Florida law because the crime of grand theft statutorily includes the act of attempting to obtain property. The court
• United Broad. Co., Inc. v. Armes
  506 F.2d 766· 5th Cir.· 1975-01-20 ·cited 8×
  The court held that the jury's finding of an $80,000 agreement was supported by substantial evidence, and that the trial court did not err in its rulings or instructions.
• In re Am. Magnesium Co. v. Am. Magnesium Co.
  488 F.2d 147· 5th Cir.· 1974-01-14 ·cited 8×
  The court held that the agreement was an executory contract that could be rejected in bankruptcy and that the assignment of assets constituted a sale triggering the termination clause.
• Westgate-Sun Harbor Co. v. Watson
  206 F.2d 458· D.C. Cir.· 1953-06-18 ·cited 8×
  The court held that res judicata did not bar a new determination of trademark confusion given significant changes in facts and evidence over time. The prior decision was based on limited evidence and speculative findings, while the current application had twenty years of market e
• Sturdivant v. State
  84 So. 3d 1044· Fla. 1st DCA· 2010-09-07 ·cited 7×
  In this direct criminal appeal, the court reversed Sturdivant's convictions for first-degree felony murder and aggravated child abuse, finding that the common-law merger doctrine, as interpreted in Brooks v. State, precludes conviction for felony murder when the predicate aggrava
• Fraser v. Schoenfeld
  364 So. 2d 533· Fla. 3d DCA· 1978-11-21 ·cited 7×
  Fraser purchased an apartment building after discovering potential code violations but closed the sale under duress. When substantial defects were later discovered by city inspectors, Fraser sued for breach of a covenant warranting no code violations. The court held that Fraser's
• Burkart v. City OF Fort Lauderdale
  156 So. 2d 752· Fla. 2d DCA· 1963-10-09 ·cited 7×
  Burkart v. City of Fort Lauderdale addresses riparian rights in submerged lands fronting a dedicated public street. The court held that when a public street is platted to abut navigable waters, the dedication of the street to the public operates to relinquish the abutting landown
• Oravec v. Sunny Isles Luxury Ventures L.C.
  469 F. Supp. 2d 1148· S.D. Fla.· 2006-07-24 ·cited 6×
  The court held that the plaintiff's copyrights did not support a claim for direct copyright infringement, thus dismissing all derivative claims.
• Epic Metals Corp. v. Condec, Inc.
  867 F. Supp. 1009· M.D. Fla.· 1994-08-01 ·cited 6×
  The court held that a plaintiff's copyright registration is prima facie evidence of validity, and defendants' admitted copying of substantial portions of the copyrighted brochure constituted infringement, while also finding that the use of a photograph in a brochure did not const
• Arica Inst., Inc. v. Palmer
  970 F.2d 1067· 2d Cir.· 1992-07-22 ·cited 6×
  The court held that while Ichazo's decision to label the enneagram figure is copyrightable, the sequence of fixations and short phrases are not, and that the fair use defense must be considered for certain passages.
• United States v. Davis
  793 F.2d 246· 10th Cir.· 1986-06-09 ·cited 6×
  Consecutive sentences imposed for distinct statutory offenses do not violate the Double Jeopardy Clause, even if arising from a single transaction or related to a conspiracy.
• United States v. Bank OF Celina
  823 F.2d 911· 6th Cir.· 1986-02-25 ·cited 6×
  Post-judgment interest on tax liabilities should be calculated under 28 U.S.C. § 1961, not 26 U.S.C. § 6621, and accrues from the original judgment date until the funds are deposited into the Treasury account.
• Sager v. Turner
  402 So. 2d 1282· Fla. 4th DCA· 1981-08-12 ·cited 6×
  The court held that the doctrine of merger did not preclude the purchasers' claim for damages related to pre-existing violations that prevented them from obtaining necessary licenses, but reversed the damages award due to insufficient evidence.
• Amos John Sloan v. State
  323 So. 2d 278· Fla. 2d DCA· 1975-12-10 ·cited 6×
  Defendant's conviction for robbery and two aggravated assaults was partially affirmed; the assault on the robbery victim merged into the robbery offense and could not be separately punished, but the assault on a bystander was a distinct crime warranting separate punishment.
• Jacobs v. Kirk
  223 So. 2d 795· Fla. 4th DCA· 1969-06-25 ·cited 6×
  This case addresses the priority of a landlord's rent lien versus a state sales tax warrant lien on a tenant's abandoned merchandise, and whether an abandonment clause in a commercial lease constitutes a taxable 'sale of business' under Florida sales tax law. The court held that
• Gates v. Roberts
  85 So. 2d 862· Fla.· 1956-03-07 ·cited 6×
  A Florida property owner who allowed his land to be sold for unpaid taxes later reacquired the property by purchasing a tax deed. The court held that such a purchase by a defaulting owner operates as a redemption that merges with and revives the original record title, rather than
• Cobb v. Durando
  111 So. 3d 277· Fla. 2d DCA· 2013-04-17 ·cited 5×
  Cobb appeals the circuit court's award of attorney's fees to the Durandos based on a demand for judgment under Florida Statute 768.79. The court reversed because the Durandos' demand for judgment failed to apportion the settlement amount between the two plaintiffs as required by
• Fleischer v. Hi-Rise Homes, Inc.
  536 So. 2d 1101· Fla. 4th DCA· 1988-12-14 ·cited 5×
  The dissenting judge argues that the majority's decision to remove the case from en banc consideration and return it to the original panel is incorrect, as the case warrants en banc review to correct a prior erroneous statement of law.
• In re Est. of W. Carlton Rentz v. The Unborn Grandchildren of W. Carlton Rentz
  152 So. 2d 480· Fla. 3d DCA· 1963-04-30 ·cited 5×
  The court construed a will provision creating a life estate in the testator's children with remainder to his unborn grandchildren, determining that the remainder interest is not destroyed by the absence of grandchildren at the testator's death. The court rejected the doctrine of
• Shlimbaum v. Shlimbaum
  394 So. 3d 1157· Fla. 4th DCA· 2024-09-25 ·cited 4×
  Michelle Shlimbaum appealed the trial court's order vacating contempt orders and money judgments for temporary support arrearages, which the trial court had concluded merged into and became void under a partial final judgment dissolving the marriage. The Fourth District reversed,
• Nouman Khan Raja v. State
  317 So. 3d 139· Fla. 4th DCA· 2021-04-28 ·cited 4×
  A former police officer appeals his conviction for manslaughter by culpable negligence and attempted first degree murder for fatally shooting a motorist whose vehicle broke down on an I-95 off-ramp. The defendant, dressed in plain clothes without identification, responded to inve
• Bensoussan v. Banon5
  252 So. 3d 298· Fla. 3d DCA· 2018-07-18 ·cited 4×
  While prior owners cannot challenge removal of personal property during execution of a writ of possession, they may pursue claims for conversion and civil theft based on the defendants' subsequent control of that property after locking them out and refusing them access to retriev
• Keys Island Props., LLC v. Crow
  97 So. 3d 329· Fla. 3d DCA· 2012-09-19 ·cited 4×
  Keys Island Properties sought to enforce a 1895 easement on the defendants' property. The trial court ruled the easement was extinguished by a 2003 quiet title action that did not specifically mention the easement in its final judgment. The appellate court reversed, holding that
• Rosa v. State
  58 So. 3d 900· Fla. 2d DCA· 2011-03-02 ·cited 4×
  The court held that the merger doctrine does not preclude using aggravated child abuse as the underlying felony for felony murder when the evidence shows multiple acts of abuse, not a single act leading to death.
• PortionPac Chem. Corp. v. Sanitech Sys., Inc.
  217 F. Supp. 2d 1238· M.D. Fla.· 2002-07-25 ·cited 4×
  The court granted summary judgment for the defendant on most copyright claims, finding no substantial similarity or that the elements were unprotectable, but denied summary judgment on the washing chart and software claims, and granted summary judgment for the defendant on trade
• Comer v. City of Palm Bay
  147 F. Supp. 2d 1292· M.D. Fla.· 2001-06-21 ·cited 4×
  A writ of mandamus to compel payment of a judgment exceeding statutory limits is denied because Florida law requires such excess amounts to be paid by legislative appropriation, not judicial enforcement.
• MiTek Holdings, Inc. v. Arce Eng'g Co., Inc.
  864 F. Supp. 1568· S.D. Fla.· 1994-10-31 ·cited 4×
  The court held that the abstraction-filtration-comparison test is the appropriate framework for analyzing copyright infringement claims involving nonliteral elements of computer programs.