Multiplicity Of Suits

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

• Int'l Realty Assocs. v. McAdoo
  87 Fla. 1· Fla.· 1924-01-10 ·cited 114×
  International Realty Associates sought to rescind a real estate development contract with the McAdoos based on their alleged breach in refusing to execute deeds. The Florida Supreme Court affirmed dismissal of the bill, holding that breach of contract alone is insufficient ground
• Broin v. Philip Morris Cos., Inc.
  641 So. 2d 888· Fla. 3d DCA· 1994-03-15 ·cited 96×
  Flight attendants sued tobacco manufacturers alleging injuries from secondhand smoke exposure in airplane cabins. The trial court dismissed the class action allegations, but the appellate court reversed, holding that the complaint satisfied all four requirements for class certifi
• Wiggins & Johnson v. Williams
  36 Fla. 637· Fla.· 1895-06-01 ·cited 96×
  The Florida Supreme Court held that a statute authorizing courts of chancery to assess damages for trespass on timbered lands violated the constitutional right to trial by jury, as damage recovery for mere trespass was a legal remedy tried by jury at common law. The Court affirme
• Gaynon v. Statum
  151 Fla. 793· Fla.· 1942-11-17 ·cited 86×
  H.A. Statum sued for damages from a truck accident that injured both him and his wife Edna. The defendant argued Statum split his cause of action by first recovering damages in Civil Court (for his wife's injuries) and then suing again in Circuit Court (for his own injuries), vio
• Royal Indem. Co. v. Knott
  136 So. 474· Fla.· 1931-07-23 ·cited 86×
  The Florida Supreme Court held that a surety on an indemnity bond may be made a proper party to an equity suit for accounting against a bond trustee, but only for purposes of determining the extent of the surety's liability—not for obtaining a judgment against the surety itself.
• Blanche Pepple v. Rogers
  104 Fla. 462· Fla.· 1932-03-16 ·cited 79×
  Pepple sued in equity to rescind a note and land purchase contract procured through fraud by the Howey Company and to enjoin collection efforts by Rogers, the alleged assignee. The trial court sustained a demurrer and granted pleas of privilege as to venue, but the Florida Suprem
• Weeks v. Bareco OIL Co.
  125 F.2d 84· 7th Cir.· 1941-12-22 ·cited 72×
  The court held that the district court did not abuse its discretion in dismissing the class action because the plaintiffs failed to adequately insure representation of the absent class members, particularly given the variations in contracts and potential individual preferences fo
• Philbrick v. City of Miami Beach
  147 Fla. 538· Fla.· 1941-06-20 ·cited 62×
  The Florida Supreme Court upheld an injunction prohibiting W. L. Philbrick and his funeral business from operating a funeral home in a residential district of Miami Beach in violation of the city's zoning ordinance. The court held that a municipality may seek injunctive relief to
• Mottolese v. Kaufman
  176 F.2d 301· 2d Cir.· 1949-07-06 ·cited 58×
  The court held that the petition for mandamus was premature because the plaintiff had not yet been denied procedural advantages available in federal court, specifically regarding discovery.
• Horter v. The Commercial Bank & Tr. Co.
  99 Fla. 678· Fla.· 1930-03-26 ·cited 57×
  The Florida Supreme Court affirmed the trial court's order overruling John C. Horter's plea in abatement to a mortgage foreclosure suit. The court held that Horter's plea, which sought to stay the foreclosure proceedings based on a prior pending suit involving the same property,
• E. J. Sparks Enters., Inc. v. Christman
  95 Fla. 928· Fla.· 1928-05-15 ·cited 48×
  A Florida Supreme Court decision holding that a promissory note holder may discard mortgage security and sue at law on the note itself, and that parol agreements cannot contradict the unambiguous terms of a written promissory note. The court rejected the defendant's pleas that eq
• Jacksonville v. Thompson
  34 Fla. 346· Fla.· 1894-06-01 ·cited 45×
  The Florida Supreme Court held that an individual property owner cannot recover damages for obstruction of a public highway unless the owner suffers special damage differing in kind, not merely degree, from that suffered by the general public. The court reversed the trial court's
• Tennessee Coal v. Muscoda Local NO. 123
  137 F.2d 176· 5th Cir.· 1943-07-27 ·cited 42×
  The court held that the determination of what constitutes 'working time' under the Fair Labor Standards Act is a question of fact, and the trial court's finding on this issue was not clearly erroneous.
• Hughes v. Hannah
  39 Fla. 365· Fla.· 1897-01-01 ·cited 42×
  The Florida Supreme Court holds that a statute allowing persons claiming title to land to sue in equity against adverse possessors violates the constitutional right to trial by jury when defendants hold land adversely under claim of title. The court affirms that actions for recov
• Broussard v. Columbia Gulf Transmission Co.
  398 F.2d 885· 5th Cir.· 1968-07-12 ·cited 39×
  The court held that the district court correctly dismissed the case for lack of diversity jurisdiction because an owner of an undivided interest in the property was an indispensable party under Rule 19.
• City of Miami Beach v. Tenney
  150 Fla. 241· Fla.· 1942-03-27 ·cited 39×
  The City of Miami Beach issued bonds authorized by freeholder election to finance Collins Avenue paving, then used bond proceeds to pay for the completed work before attempting to levy special assessments against abutting properties. The Florida Supreme Court held that once a cit
• Switow v. Sher
  136 Fla. 284· Fla.· 1939-02-07 ·cited 37×
  A bankruptcy trustee sought to intervene in a creditor's bill suit and filed a cross-bill to establish his superior right to a promissory note that was the basis of the plaintiff's law action and creditor's bill. The Florida Supreme Court held that the trustee had standing to int
• Amdur v. Rawson G. Lizars
  372 F.2d 103· 4th Cir.· 1967-01-10 ·cited 36×
  A district court has the discretion to stay proceedings pending the outcome of a similar state court action, and this discretion was not abused in this case.
• AETNA Ins. Co. v. Chicago
  229 F.2d 584· 10th Cir.· 1956-01-19 ·cited 36×
  Claims arising from a single instrument but representing separate, distinct rights cannot be aggregated to meet the jurisdictional amount in federal court.
• Carney v. Hadley
  32 Fla. 344· Fla.· 1893-06-01 ·cited 30×
  The Florida Supreme Court reversed a lower court's decree granting a perpetual injunction against trespassers who were boxing pine trees for turpentine production on the complainants' land. The court held that the working of pine trees for turpentine in the customary manner does
• In re Advisory Opinion TO THE Governor
  239 So. 2d 1· Fla.· 1970-07-01 ·cited 29×
  Governor Claude Kirk requested an advisory opinion on whether the 1970 General Appropriations Act (House Bill 5210) complied with Florida Constitutional restrictions on appropriations bills. The Florida Supreme Court held that the appropriations bill was valid, rejecting the Gove
• Clark v. Sandusky
  205 F.2d 915· 7th Cir.· 1953-07-20 ·cited 28×
  The court held that the petitioner had a right to intervene in the action because her interests were inadequately represented and she might be bound by the judgment, despite the delay in her application.
• Martin v. Graybar Elec. Co., Inc.
  266 F.2d 202· 7th Cir.· 1959-04-02 ·cited 27×
  The dissenting judge believes the District Court did not abuse its discretion in refusing to issue an injunction.
• Va. Elec. & Power Co. v. Westinghouse Elec. Corp. & Stone & Webster Eng'g Corp.
  485 F.2d 78· 4th Cir.· 1973-06-04 ·cited 26×
  A subrogor with a retained pecuniary interest can sue for the entire loss, even if the subrogee controls the litigation and would ultimately receive most of the recovery, to avoid destroying diversity jurisdiction.
• Kainz v. Anheuser-Busch, Inc.
  194 F.2d 737· 7th Cir.· 1952-02-14 ·cited 26×
  The court held that the plaintiffs' complaint sufficiently alleged a 'spurious' class action under Federal Rule of Civil Procedure 23(a)(3) and permissive joinder under Rule 20(a), allowing them to proceed with their claims of antitrust violations.
• Doggett v. Isaiah D. Hart and others
  5 Fla. 215· Fla.· 1853-01-01 ·cited 26×
  Maria Doggett appealed a chancery court's dismissal of her bill seeking possession of real estate in Jacksonville. The Florida Supreme Court affirmed, holding that Doggett had adequate legal remedies available and failed to establish grounds for equitable jurisdiction, including
• Textile Workers Union OF Am. v. The Allendale Co.
  226 F.2d 765· D.C. Cir.· 1955-07-14 ·cited 24×
  The court held that neither a manufacturer nor a labor union has standing to intervene in an action challenging a wage determination under the Walsh-Healey Act, as the Act and its amendments do not grant such litigable rights.
• State v. The Bd. of Trs. of The Salvation Army
  102 Fla. 219· Fla.· 1931-06-28 ·cited 22×
  The Florida Supreme Court denied a writ of prohibition sought by George Meredith to stop equity proceedings brought by The Salvation Army's Board of Trustees to enjoin him from removing personal property from a charitable home for girls after his removal as superintendent. The Co
• Rawls v. City of Miami
  82 Fla. 65· Fla.· 1921-06-29 ·cited 22×
  The appellant sought an injunction to prevent the City of Miami from enforcing a plumbing ordinance, alleging it was unreasonable and costly. The court affirmed the denial of the injunction, finding no grounds for equitable relief.
• Reyes v. Middleton
  36 Fla. 99· Fla.· 1895-06-01 ·cited 21×
  Complainants sought equity relief to remove clouds on title to Florida land and enjoin defendants from slandering their title by asserting competing ownership claims. The Florida Supreme Court reversed, holding that equity lacks jurisdiction to restrain title slander absent breac
• Yuba Consolidated Gold Fields v. Kilkeary
  206 F.2d 884· 9th Cir.· 1953-08-07 ·cited 20×
  A complaint seeking to enjoin multiple lawsuits to prevent a multiplicity of suits states a claim upon which relief can be granted, even if some individual claims are below the jurisdictional amount, as the equity jurisdiction extends to the entire controversy.
• McGRIFF et ux. v. McGILL
  62 So. 2d 28· Fla.· 1952-12-16 ·cited 20×
  This case addresses the legal effect of a deed creating a "dry" or "naked" trust, where a trustee receives title with no powers, duties, or discretion. The Florida Supreme Court held that such a trust conveys both legal and equitable title to the beneficiary by operation of law u
• Reams v. Vrooman-Fehn Printing Co.
  140 F.2d 237· 6th Cir.· 1944-01-31 ·cited 20×
  The court held that a taxpayer cannot seek an injunction to restrain the collection of taxes, even if the tax is alleged to be illegal, when a plain, adequate, and complete remedy at law exists, such as a refund claim.
• Simeon N. Freeman v. Timanus
  12 Fla. 393· Fla.· 1868-01-01 ·cited 20×
  Freeman appeals a chancery decree entered after his bill was taken as confessed. The Florida Supreme Court reversed, holding that Freeman's bill sought an equitable remedy where a plain legal remedy existed—namely, asserting the agreement as a defense in the possessory action bro
• Hirsch v. Margaret DiGAETANO, M.D.
  732 So. 2d 1177· Fla. 5th DCA· 1999-04-23 ·cited 19×
  Petitioners sought certiorari review challenging a trial court's refusal to stay a Florida contract action filed by Dr. DiGaetano, arguing that a prior Massachusetts action between the same parties involving identical claims should take precedence under Florida's well-established
• Ocean Accident & Guar. Corp. v. Tucker
  112 Fla. 401· Fla.· 1933-10-19 ·cited 18×
  The court held that an insurance company cannot seek rescission of a policy in equity after a lawsuit has already been filed by the policyholder in a court of law, especially when the grounds for rescission (fraud) can be raised as a defense in the law action. The court that firs
• Morris & Esher, Inc. v. Olympia Enters., Inc.
  200 So. 2d 579· Fla. 3d DCA· 1967-06-13 ·cited 16×
  Morris and Esher, a general contractor, sought to foreclose a mechanics' lien that included amounts owed to unpaid subcontractors. The court reversed in part and affirmed in part, holding that a general contractor may include unpaid subcontractor claims in a lien foreclosure comp
• McCOMB v. Frank Scerbo & Sons, Inc.
  177 F.2d 137· 2d Cir.· 1949-08-18 ·cited 16×
  The court did not definitively establish res judicata consequences for the current decision, leaving the issue open for future cases.
• Kozich v. Kozich
  501 So. 2d 1386· Fla. 4th DCA· 1987-02-11 ·cited 15×
  The attorney has no enforceable right to proceed directly against the husband for fees owed by the wife, but the trial court erred in failing to determine the full amount of the attorney's charging lien and enforce it.
• Brody Constr., Inc. v. Fabri-Built Structures, Inc.
  322 So. 2d 61· Fla. 4th DCA· 1975-10-24 ·cited 15×
  Brody Construction, a general contractor, filed third-party and cross-claims for indemnification against Orlando Central Park (the project owner) in three separate materialmen lawsuits. The trial court dismissed these claims, reasoning that Brody was splitting its cause of action
• Dany Katz Gilbert and Lawrence Gilbert v. Fla. Power & Light Co.
  981 So. 2d 609· Fla. 4th DCA· 2008-05-14 ·cited 14×
  The Gilberts appealed multiple orders regarding their dispute with Florida Power & Light Company over a noisy transformer on FPL's easement. The court affirmed orders requiring the Gilberts to pay for the transformer's removal under FPL's tariff, reversed the denial of their moti
• State Rd. Dep't v. Houdaille Indus., Inc.
  237 So. 2d 270· Fla. 1st DCA· 1970-07-07 ·cited 14×
  The State Road Department appeals a judgment awarding damages to contractors for work on the Everglades Parkway (Alligator Alley) projects. The court upheld the trial court's finding that the Road Department's inaccurate soil surveys and plans materially misrepresented ground con
• Redac Project 6426, Inc. v. Allstate Ins. Co.
  412 F.2d 1043· 2d Cir.· 1969-06-16 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' action with prejudice due to their repeated delays and in issuing a permanent injunction against further actions seeking injunctive relief.
• Martin v. Andrews
  238 F.2d 552· 9th Cir.· 1956-11-15 ·cited 14×
  The court held that the taxpayer could not obtain declaratory or injunctive relief to enjoin the collection of a federal manufacturers' excise tax, as the circumstances did not meet the extraordinary and exceptional requirements for an exception to the statutory prohibition.
• Md. Cas. Co. v. Faulkner
  126 F.2d 175· 6th Cir.· 1942-03-02 ·cited 14×
  The court held that the district court erred in dismissing the insurer's petition for declaratory relief, as the insurer had a right to seek such relief to determine its policy obligations.
• A. J. Armstrong Co., Inc. v. Romanach
  165 So. 2d 817· Fla. 3d DCA· 1964-06-09 ·cited 13×
  The court held that the Florida proceedings should be stayed pending the conclusion of a prior action in Texas involving the same subject matter.
• Storrs v. Pensacola & Atl. R.R. Co.
  29 Fla. 617· Fla.· 1892-01-01 ·cited 13×
  The Pensacola & Atlantic Railroad Company sought equity relief to enjoin multiple individuals from prosecuting suits for alleged overcharges beyond rates fixed by the Florida Railroad Commission. The Florida Supreme Court reversed the chancellor's decree denying the railroad's de
• Schneider Transp., Inc. v. Cattanach
  657 F.2d 128· 7th Cir.· 1981-08-17 ·cited 12×
  The Tax Injunction Act bars federal court jurisdiction over suits seeking to enjoin the collection of state taxes, even if constitutional rights are implicated, provided a plain, speedy, and efficient remedy exists in state courts.
• Bevis Constr. Co., Inc. v. Grace
  115 So. 2d 84· Fla. 1st DCA· 1959-10-22 ·cited 12×
  This interlocutory appeal addresses whether a defendant with a potential interest in disputed land must be joined in a suit for mortgage reformation. The court held that a defendant's knowledge of the mutual mistake is immaterial; rather, all persons with legal or equitable inter
• Baylen St. Wharf Co. v. City of Pensacola
  39 So. 2d 66· Fla.· 1949-01-25 ·cited 12×
  The court considered whether a property owner could counterclaim for damages caused by a city's storm sewer in a tax foreclosure suit, and whether a separate injunction suit for the same issue could proceed. The court held that while counterclaims are generally not allowed in tax