Multiplicity Of Suits

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

• Morgan v. The City of Lakeland
  90 Fla. 525· Fla.· 1925-11-06 ·cited 12×
  A Florida taxpayer challenged a city ordinance impounding cattle running at large and imposing fees for their recovery, claiming the fees were excessive and confiscatory. The Florida Supreme Court reversed the dismissal of the bill of complaint, holding that the ordinance's impou
• Bry-Man's, Inc. v. Stute
  312 F.2d 585· 5th Cir.· 1963-01-17 ·cited 10×
  The court held that McEvoy was an indispensable party whose absence required dismissal of the suit for lack of jurisdiction.
• Chicago & N. W. Ry. v. First Nat. Bank of Waukegan
  200 F.2d 383· 7th Cir.· 1952-12-18 ·cited 10×
  The court held that the plaintiff's complaint stated a claim upon which relief could be granted, and the district court erred in dismissing the action.
• Lynch Corp. v. Omaha Nat'l Bank
  666 F.2d 1208· 8th Cir.· 1981-12-16 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to prevent the bank from disbursing funds from an escrow account, as the buyer faced irreparable harm due to potential multiplicity of suits.
• Stanley Builders, Inc. v. Nacron
  238 So. 2d 606· Fla.· 1970-07-01 ·cited 8×
  Stanley Builders sought to foreclose a mechanics' lien for unpaid construction work, but the trial court dismissed the action, finding that Stanley Builders had split its cause of action by asserting a cross-claim in a separate Civil Court action. The Florida Supreme Court revers
• Lasa PER L'Industria del Marmo Societa PER Azioni OF Lasa v. Alexander
  414 F.2d 143· 6th Cir.· 1969-06-30 ·cited 8×
  The court held that the cross-claims and third-party complaint arose out of the same transaction or occurrence as the original action and thus fell within the court's ancillary jurisdiction.
• Connell v. Theodor H. Mittendorf
  147 So. 2d 169· Fla. 2d DCA· 1962-11-14 ·cited 8×
  In this interlocutory appeal from denial of a motion to dismiss, the court held that a contractor's refusal to provide evidence that all material and labor bills were paid, combined with allegations of insolvency, stated a valid equitable cause of action for an accounting and rel
• C. G. J. Corp. v. Hurwitz
  123 So. 2d 44· Fla. 3d DCA· 1960-09-19 ·cited 8×
  C.G.J. Corporation appealed an order denying its motion to dismiss a complaint by co-tenants seeking specific performance and injunctive relief for alleged breaches of cooperative apartment purchase agreements. The court affirmed the denial, finding the complaint stated a valid c
• Am. Chem. Paint Co. v. Thompson Chem. Corp.
  244 F.2d 64· 9th Cir.· 1957-03-29 ·cited 8×
  The court held that the trial court erred in enjoining the plaintiff from commencing new infringement suits against customers because there was no finding of the defendant's financial ability to respond in damages.
• Mullaney v. Hess
  189 F.2d 417· 9th Cir.· 1951-05-10 ·cited 8×
  The court held that the injunction against the collection of taxes under the Alaska Property Tax Act must be reversed because the appellees have an adequate remedy at law through the statutory protest and refund procedure.
• Edgar v. Econ. Opportunity Legal Servs. Program, Inc.
  230 So. 2d 487· Fla. 3d DCA· 1970-01-13 ·cited 7×
  A circuit court cannot transfer a count with an insufficient amount in controversy to a lower court if another count in the same complaint invokes the circuit court's jurisdiction.
• City of Miami Beach v. Benhow Realty, Inc.
  168 F.2d 378· 5th Cir.· 1948-06-04 ·cited 7×
  The court held that the preliminary injunction was properly issued because the allegations presented grave questions regarding the ordinance's arbitrary enforcement and potential violation of constitutional rights, and the injury to appellees would be irreparable if denied.
• NEC Elecs., Inc. v. VG Sales Co.
  655 So. 2d 1146· Fla. 4th DCA· 1995-04-19 ·cited 6×
  The court held that the trial court did not err in staying arbitration proceedings in California and denying a stay of Florida proceedings, as the arbitration agreement's choice of law provision allowed for the application of California law permitting discretion to refuse arbitra
• Ratliff v. Nowery
  102 Fla. 1072· Fla.· 1931-10-01 ·cited 6×
  Creditors of J. A. Ratliff brought an equity suit to set aside conveyances made to Ratliff Holding Company without consideration and to subject certain mortgages to payment of their judgments. The Florida Supreme Court affirmed the trial court's overruling of demurrers, holding t
• The Cnty. of Pinellas v. City of St. Petersburg
  116 Fla. 582· Fla.· 1934-09-21 ·cited 5×
  The Florida Supreme Court upheld a temporary restraining order preventing Pinellas County from disbursing tax revenues collected from St. Petersburg to anyone other than the City, holding that equity jurisdiction is proper where the alternative remedy of mandamus would require mu
• Fla. Power Corp. v. City OF Winter Park
  827 So. 2d 322· Fla. 5th DCA· 2002-09-19 ·cited 4×
  Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
• The Travelers Ins. Co. v. La. Farm Bureau Fed'n, Inc.
  996 F.2d 774· 5th Cir.· 1993-07-29 ·cited 4×
• Williamson v. Houston Stephens & Houston's H & W Meats, Inc.
  411 So. 2d 286· Fla. 1st DCA· 1982-03-18 ·cited 4×
  Williamson sought to rescind a partnership dissolution agreement with Stephens and obtain an accounting of partnership assets. The trial court dismissed his third amended complaint, and the appellate court affirmed, holding that rescission is unavailable absent an independent gro
• The Deltona Corp. v. Adamczyk
  492 So. 2d 463· Fla. 5th DCA· 1986-08-07 ·cited 2×
  A Florida appellate court upheld a riparian owner's award of money damages for water-related harm caused by a land developer's drainage and pumping activities on a shared lake, and reversed the denial of injunctive relief by imposing a permanent injunction prohibiting the develop
• Manchester Ins. & Indem. Co. v. Hal Allen Mathews
  312 So. 2d 777· Fla. 2d DCA· 1975-05-14 ·cited 2×
  Florida appellate court affirmed dismissal of an insurer's interpleader action seeking to enjoin injured parties from suing, holding that such injunctive relief is not a recognized cause of action in Florida.
• In re Wonderbowl, Inc. v. Bumb
  456 F.2d 954· 9th Cir.· 1972-03-10 ·cited 2×
  The court held that the bankruptcy court should have dismissed or stayed its summary proceeding pending the outcome of a plenary suit in federal court.
• Humboldt Placer Mining Co. v. Best
  293 F.2d 553· 9th Cir.· 1961-08-18 ·cited 2×
  The court held that the district court erred in refusing to enjoin administrative proceedings concerning mining claim validity, as that issue was already properly before the court in a condemnation action.
• Welch v. Graves Bros. Co.
  117 So. 2d 853· Fla. 2d DCA· 1960-01-13 ·cited 2×
  The court held that if a complaint states any grounds for equitable relief, equity jurisdiction is established and should be retained, even if some claims might have an adequate remedy at law.
• W. Union Tel. Co. v. Tax Comm'n of Ohio
  S.D. Ohio· 1927-07-28 ·cited 2×
  The court held that an injunction would not lie against the tax commission to enjoin the certification of property valuations for tax purposes. The dissenting opinion argued that the court lacked jurisdiction because assuming control over the commission's discretionary equalizati
• Miller v. White
  14 Fla. 435· Fla.· 1874-01-01 ·cited 2×
  Frances Miller, administratrix of an estate, appealed a judgment awarding her $2,186.25 for a slave named George taken from her possession in replevin. The Florida Supreme Court reversed, holding that a court of chancery lacked jurisdiction because adequate remedies existed at la
• Est. of Malkin v. Wells Fargo Bank, N.A.
  125 La. 1046· S.D. Fla.· 2019-03-29
  The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
• The First Nat'l Bank IN ST. Petersburg cum testamento annexo of the Est. of Stanley C. Minshall v. Ursula G. Cooper
  234 So. 2d 698· Fla. 2d DCA· 1970-02-27
  The Florida Court of Appeal reversed a trial court's denial of a motion to allow a third-party complaint in an estate action involving a mortgage debt, holding that where a mortgagee's choice of remedies (suing the estate versus foreclosing) could affect the rights of a widow and
• Metro. Dade Cnty. v. Pagro, Inc.
  223 So. 2d 394· Fla. 3d DCA· 1969-06-03
  Metropolitan Dade County appealed a supplemental judgment that required the county to reduce a taxpayer's 1968 property tax assessment based on the fair market value established for 1967. The court reversed the supplemental judgment, holding that the trial court lost jurisdiction
• City of N. Miami Beach v. Steven's Mkt., Inc.
  22 Fla. Supp. 5· Dade Cty. Cir. Ct.· 1963-10-02
  The City of North Miami Beach sought injunctive relief to abate a public nuisance caused by a defendant's incinerator disposal plant. The court rejected the defendant's motion to dismiss and held that a municipality has standing to sue in equity to enjoin a public nuisance withou
• Mendelson & Sons v. Chaachou
  17 Fla. Supp. 152· Dade Cty. Cir. Ct.· 1961-02-15
  Mendelson & Sons sued K. Chaachou for $94.29 on an open account for goods sold to hotels. The appellate court reversed the judgment, holding that the plaintiff improperly split a single cause of action by bringing multiple suits for portions of the same debt, which is barred unde
• P. W. Wilkins & Co. v. Stoer
  157 Fla. 565· Fla.· 1946-03-26
  P.W. Wilkins and Company appealed a mortgage foreclosure decree, challenging the chancellor's decision to entertain a counterclaim filed by defendants J.C. and T.L. Bailey against the mortgagor regarding their rights under a land purchase contract. The Florida Supreme Court affir
• Yellow Cab Transit Co. v. Overcash
  133 F.2d 228· 8th Cir.· 1942-12-23
  The court held that the district court did not err in dismissing the complaint for injunctive and declaratory relief.
• N. Am. Co. v. Landis
  85 F.2d 398· D.C. Cir.· 1936-06-22
  The trial court did not abuse its discretion in granting a stay of proceedings. The decision was administrative in nature, based on proper and adequate representations that the issues in the local suits were substantially identical to those in a comprehensive test case filed in N
• Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner
  52 Fla. 494· Fla.· 1906-06-01
  This case concerns whether repeated trespasses, without allegations of irreparable harm or insolvency of the trespassers, warrant equitable intervention for an accounting. The court denied a rehearing, reaffirming its prior decision that the allegations did not meet the establish