Merger Doctrine

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

• United States v. Jessee Dean Cavanaugh
  948 F.2d 405· 8th Cir.· 1991-10-07 ·cited 4×
  The court held that the jury instructions erroneously considered assault a lesser included offense of murder and improperly foreclosed the jury from considering an assault that did not result in death, thus barring retrial on double jeopardy grounds.
• First Union Disc. Brokerage Servs., Inc. v. Milos
  744 F. Supp. 1145· S.D. Fla.· 1990-08-13 ·cited 4×
  The court granted summary judgment for First Union on its claims and the Milos' counterclaim, finding no genuine issue of material fact regarding breach of contract and statutory violations.
• Wickenheiser v. Ramm Vending Promotion, Inc.
  560 So. 2d 350· Fla. 5th DCA· 1990-04-26 ·cited 4×
  The court held that a genuine issue of material fact existed regarding the conditional delivery of the distributorship agreement, precluding summary judgment on the seller's counterclaim.
• Fleischer v. Hi-Rise Homes, Inc.
  536 So. 2d 1105· Fla. 4th DCA· 1988-12-28 ·cited 4×
  The court held that the provision for attorney's fees in the deposit receipt contract did not apply to the present litigation because the litigation arose from alleged misrepresentations and negligence, not from the contract itself.
• Ralph v. Kent and Eugene R. Wright
  453 F.2d 955· 10th Cir.· 1972-01-20 ·cited 4×
  The court held that while liability for breach of contract was established, the jury's damages award was unsupported by competent evidence and required a new trial on that issue.
• United States v. Paul L. Temple
  299 F.2d 30· 7th Cir.· 1962-02-16 ·cited 4×
  A prior judgment on promissory notes for defaulted loans bars a subsequent action under the False Claims Act for fraud in procuring those loans, as the government has a single cause of action and must elect its remedy.
• Brown v. Taylor
  283 F.2d 670· 10th Cir.· 1960-10-08 ·cited 4×
  The court held that even if the sentence was interpreted as 15 years on Count 1 and 5 years on Count 2, the appellant is lawfully confined under the 15-year sentence for Count 1.
• Ferry v. E-Z Cashing, LLC
  361 So. 3d 905· Fla. 2d DCA· 2023-04-05 ·cited 3×
  The appellate court reversed a foreclosure judgment because the debt had merged into a prior consent judgment, rendering the subsequent assignment of the note and mortgage invalid. However, it affirmed an order assigning leases and rents, finding that such assignments are separat
• Haritos v. Theodora Haritos
  193 So. 3d 1050· Fla. 2d DCA· 2016-06-15 ·cited 3×
  The Florida Second District Court of Appeal reversed the trial court's denial of a former husband's petitions to modify child support and temporary support, holding that the 2013 final judgment of dissolution was only partial (dissolving marital status) and did not finally resolv
• Morton v. Attorneys' Title Ins. Fund, Inc.
  32 So. 3d 68· Fla. 2d DCA· 2009-07-10 ·cited 3×
  Buyers purchased property with title insurance but later discovered a recorded maintenance easement that prevented development. The court reversed summary judgment for the title insurer and sellers, holding that a title insurer cannot rely on the survey exception to avoid liabili
• Luken v. Int'l Yacht Council, Ltd.
  581 F. Supp. 2d 1226· S.D. Fla.· 2008-09-24 ·cited 3×
  The court held that a prevailing party under the Copyright Act can be eligible for attorney's fees under 17 U.S.C. § 505 and § 412(2) even if they elect to receive actual damages instead of statutory damages.
• Acquisition Corp. of Am. v. Fed. Deposit Ins.
  1991 WL 57905· S.D. Fla.· 1991-03-25 ·cited 3×
  The court held that a settlement agreement's release of claims is enforceable, as any alleged oral agreement to extend a payment deadline is barred by the parol evidence rule and merger doctrine, or fails for lack of consideration as a subsequent modification.
• Miguel v. Miguel
  Fla. 3d DCA· 2026-03-25 ·cited 2×
  The Third District Court of Appeal affirmed the trial court's decision, emphasizing the importance of a hearing transcript for meaningful appellate review. The court cited precedent establishing a de novo standard for reviewing summary judgment orders and noted that issues not ra
• Davis v. Verandah at Lake Grady Homeowners Ass'n, Inc.
  354 So. 3d 1140· Fla. 2d DCA· 2023-01-13 ·cited 2×
  The appellate court affirmed a trial court's grant of summary judgment, holding that the Davises were bound by restrictive covenants (CCRs) despite their argument that the CCRs were not recorded before their property purchase. The court found the Davises had actual notice and int
• Smith v. Carlton
  348 So. 3d 52· Fla. 5th DCA· 2022-09-23 ·cited 2×
  A buyer does not waive the right to pursue money damages for breach of a real estate sale contract merely by proceeding to closing when the seller has failed to remove trash or convey all fixtures, particularly where the buyer had no prior knowledge of the removed fixtures and pr
• Dream Custom Homes, Inc. v. Modern Day Constr., Inc.
  773 F. Supp. 2d 1288· M.D. Fla.· 2011-02-22 ·cited 2×
  The court held that summary judgment may be appropriate in copyright cases involving architectural works if, after adequate discovery, no genuine issue of material fact exists regarding substantial similarity of protectable elements.
• Miller v. Kresser
  34 So. 3d 172· Fla. 4th DCA· 2010-05-05 ·cited 2×
  A judgment creditor sought to reach assets in a discretionary spendthrift trust by arguing the beneficiary's de facto control over the trust invalidated the spendthrift protection. The court reversed, holding that a spendthrift provision protects trust assets from creditors unles
• Conte v. R & A Food Servs., Inc.
  644 So. 2d 133· Fla. 2d DCA· 1994-10-19 ·cited 2×
  The Contes appealed the trial court's dismissal of their breach of contract claim against R & A Food Services. The Florida District Court of Appeal reversed, holding that the trial court improperly considered an affirmative defense (merger) on a motion to dismiss rather than conf
• Lowrance v. Hacker
  966 F.2d 1153· 7th Cir.· 1992-07-08 ·cited 2×
  The court held that an attorney has standing to seek fees for services rendered in appeals, but not for post-judgment garnishment proceedings after the attorney-client relationship was severed. The court also affirmed the denial of an attorney's lien on funds that had been exting
• Hermine Lynda Alati v. Alati
  591 So. 2d 679· Fla. 4th DCA· 1992-01-03 ·cited 2×
  The court held that the trial court erred in dismissing the claim for child support arrearages, as the property settlement agreement and the final judgment preserved the appellant's right to claim them.
• Heaton v. Crispus C. NIX
  924 F.2d 130· 8th Cir.· 1991-01-09 ·cited 2×
  The court held that the petitioner's attorney's failure to investigate and present further intoxication or self-defense evidence did not constitute ineffective assistance of counsel, and the use of terrorism as the underlying felony for felony murder did not violate double jeopar
• Chrysler Credit Corp. v. Louis Joliet Bank & Tr. Co.
  863 F.2d 534· 7th Cir.· 1988-11-28 ·cited 2×
  The court held that the second agreement rescinded a prior agreement concerning installment contract property, not the original land trust agreement, and that the doctrine of merger did not terminate the land trust under Illinois law.
• Tamblyn v. River Bend Marine, Inc.
  837 F.2d 447· 11th Cir.· 1988-02-11 ·cited 2×
  The court held that a properly executed maritime lien extinguishes all other liens on a ship, and that publication notice in an admiralty proceeding is sufficient, even if the lienholder did not receive actual notice.
• United States v. Langdon-Bey
  739 F.2d 1285· 7th Cir.· 1984-07-31 ·cited 2×
  A defendant can be convicted and sentenced under both 18 U.S.C. § 641 and 18 U.S.C. § 1708 for the possession of the same United States Treasury checks stolen from the mails.
• Wilkerson v. Gibbs
  405 So. 2d 1053· Fla. 1st DCA· 1981-11-17 ·cited 2×
  Wilkerson and Hughes appealed an order dismissing their action for mesne profits filed after they prevailed in a prior ejectment action. The court held that under Florida law, the common law action for mesne profits has merged with the statutory action of ejectment, precluding a
• Lonergan v. Lippman
  365 So. 2d 420· Fla. 1st DCA· 1978-12-12 ·cited 2×
  The court reversed a summary judgment of mortgage foreclosure, finding that a sublessee's asserted right to a renewed leasehold term was not necessarily inferior to the lien of the purchase money mortgage.
• Dell v. Heard
  532 F.2d 1330· 10th Cir.· 1976-03-30 ·cited 2×
  The court held that the trial court did not err in dismissing the complaint, as the plaintiff was barred by the election of parties doctrine and the community property statutes did not create a new cause of action against the husband.
• Jamel Mobley v. State
  97 So. 3d 344· Fla. 1st DCA· 2012-09-28 ·cited 1×
  Jamel Mobley was convicted of attempted second-degree murder, attempted felony murder, attempted armed robbery, and aggravated assault. He appealed arguing improper peremptory challenges and double jeopardy violations, but the court found the peremptory challenge argument unprese
• Hazara Enters., Inc. v. Motiva Enters., LLC
  126 F. Supp. 2d 1365· S.D. Fla.· 2000-12-21 ·cited 1×
  The court held that the franchisor's voluntary termination of an underlying ground lease, even without an explicit 'option to extend,' constituted a loss of leasehold that required offering assignment of the remaining lease term to the franchisee under the PMPA. However, the cour
• OPS Shopping Ctr., Inc. v. Great S. Fed. Sav. Bank
  532 So. 2d 1323· Fla. 1st DCA· 1988-10-28 ·cited 1×
  The court affirmed orders denying relief from judgment and discharge of a receiver in a foreclosure case, holding that a receiver may continue collecting and administering property after foreclosure judgment entry until sale and title transfer, and that bankruptcy filing does not
• U.S. Bank Tr. Nat'l Ass'n v. Carey
  431 So. 3d 1123· Fla. 3d DCA· 2026-03-31
  A trial court violates a party's due process rights when it expands the scope of a hearing to consider and rule on matters not noticed for hearing and not raised in any pleading or motion, and such violation requires reversal even when the trial court grants relief beyond what wa
• First Horizon Bank v. Hayworth
  Fla. 3d DCA· 2026-03-18
  First Horizon Bank petitioned for a writ of prohibition to prevent the trial court from hearing Hayworth's third amended complaint alleging contract claims that were previously dismissed. The court granted the petition, holding that the trial court lost jurisdiction to hear new c
• Carmona Realty Grp., LLC v. Fernandez
  Fla. 3d DCA· 2026-01-14
  The Instructions to Other Agents were not incorporated into the Listing Agreement because they lacked mutual signatures, were not cross-referenced, and violated Florida's Statute of Frauds. The Carmona 4 Contract for $505,000 met all terms of the Listing Agreement, and Carmona Re
• Compulife Software, Inc. v. Rutstein
  S.D. Fla.· 2025-01-10
  The court held that the arrangement of HTML source code, where variables were independent and their order did not affect functionality, lacked the minimal creativity required for copyright protection.
• Anthawn Regan, Jr. v. State
  Fla. 3d DCA· 2024-10-30
  The trial court did not abuse its broad discretion in admitting Williams Rule evidence that the firearm used in the charged crimes was also used in two other homicides, as the evidence was relevant to prove identity and the trial court properly limited the jury's consideration th
• PAJ Inv. Grp., LLC v. El Lago N.W. 7th Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-10-16
  An easement appurtenant cannot exist unless the grantee owns the dominant estate at the time of the grant or acquires it shortly thereafter; unity of title between the easement and the dominant estate is a necessary element. Because Tamiami Sports, Inc., the original grantee of t
• Morford v. Cattelan
  S.D. Fla.· 2023-06-09
  The court held that the plaintiff failed to provide sufficient evidence of the defendant's access to his work and that any similarities between the two artworks were not legally protectible expression.
• Pops Fam. Ent. Ctr., Ltd. v. Kelly
  Fla. 2d DCA· 2022-09-16
  Pops Family Entertainment Center leased a thirty-acre parcel from Kelly Commercial Property, Inc. and possessed a right of first refusal on any disposition of the property. After Kelly attempted to sell half the property to Highview Homes without proper disclosure, Pops exercised
• Morford v. Cattelan
  S.D. Fla.· 2022-07-06
  The court held that the plaintiff plausibly alleged copyright infringement, denying the defendant's motion to dismiss.
• Koyfman v. 1572 Pledger LLC
  Fla. 3d DCA· 2020-12-16
  When a person primarily liable for a mortgage debt pays it in full but arranges to take an assignment rather than satisfaction, and the evidence shows the assignment was intended to defeat a subordinate interest (here, through substantial identity between the original mortgagor a
• Webb v. Webb
  Fla. 2d DCA· 2020-08-28
  The appellate court affirmed a lower court's decision, holding that a motion to enforce a marital settlement agreement incorporated into a final divorce judgment is subject to the twenty-year statute of limitations for enforcing judgments, not the five-year statute for written co
• Tatara v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-01-16
  David Tatara was convicted of second-degree murder in the death of a 15-month-old child despite the trial court granting his motion for acquittal on the charged count of first-degree felony murder. The federal district court rejected Tatara's habeas challenges to his conviction,
• Barnett v. State
  Fla. 2d DCA· 2019-11-06
  Terrence Barnett appeals his convictions for first-degree felony murder with predicate of resisting an officer with violence, aggravated battery on a law enforcement officer, and resisting an officer with violence, arising from his pushing a detention deputy against a wall, which
• Syna LIM v. State
  50 So. 3d 34· Fla. 1st DCA· 2010-11-17
  Syna Lim was convicted of aggravated child abuse and first-degree felony murder in the death of a two-year-old from blunt force trauma to the head. The court affirmed the conviction, holding that the merger doctrine does not preclude aggravated child abuse from serving as the und
• Latimer v. Roaring Toyz, Inc.
  550 F. Supp. 2d 1345· M.D. Fla.· 2008-03-13
  The court held that Latimer's photographs of customized motorcycles are copyrightable and not unauthorized derivative works, and that the defendants did not qualify as joint authors.
• Of the William B. Chandler III Chancellor
  Del. Ch.· 2008-02-07
  The court granted summary judgment for the defendant, finding no enforceable promise to refrain from obstructing the plaintiff's ocean view. The contract's merger doctrine extinguished the purchase agreement upon the deed's delivery, and even if fraud revived the contract, it con
• Clark Randal Grable v. Peters
  842 So. 2d 1070· Fla. 4th DCA· 2003-04-23
  The court held that newly discovered evidence of an express easement reservation created a genuine issue of material fact, requiring reversal of the summary judgment.
• Sanderson v. Hudlett
  832 So. 2d 845· Fla. 4th DCA· 2002-11-20
  In a foreclosure dispute involving a complex real estate financing arrangement, the trial court found that the seller Sanderson had accepted a deed in lieu of foreclosure, triggering a merger of estates that extinguished all associated mortgages, debts, and guaranties. The appell
• Spatz v. The Paul Revere Life Ins. Co.
  746 So. 2d 1137· Fla. 4th DCA· 1999-11-03
  The Fourth District Court of Appeal reversed summary judgment for an insurance company that sought to rescind a disability insurance policy based on the insured's alleged failure to disclose a change in health condition between application and policy delivery. The court held that
• Fed. Deposit Ins. Corp. v. Royce LEE
  988 F.2d 838· 8th Cir.· 1993-03-16
  The court held that the district court's findings regarding lease amendment approval and the continued validity of the original deed of trust were not clearly erroneous or legally incorrect, and thus affirmed the foreclosure judgment.