Necessary And Indispensable Parties

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

• Bradley v. Milliken
  484 F.2d 215· 6th Cir.· 1973-06-12 ·cited 83×
  The majority opinion allows parties to offer additional evidence on remand but upholds prior rulings on segregation and desegregation plans as not clearly erroneous.
• Fla. Land Rock Phosphate Co. v. Anderson
  50 Fla. 501· Fla.· 1905-06-01 ·cited 48×
  The Florida Supreme Court reversed and remanded a decree in a long-pending land dispute because necessary and indispensable parties (Graham and Stevens) were improperly dismissed from the bill without being adjudicated. The court emphasized the importance of proper pleading and c
• Fla. Exp. Tobacco Co., Inc. v. Dep't OF Revenue & Gerald Lewis
  510 So. 2d 936· Fla. 1st DCA· 1987-06-26 ·cited 47×
  This case addresses whether Florida circuit courts retain exclusive original jurisdiction over cases challenging the legality of tax assessments, or whether the 1974 amendments to the Administrative Procedures Act conferred concurrent jurisdiction on the Department of Revenue and
• United States v. State of Fla. & Cnty. of Dade
  179 So. 2d 890· Fla. 3d DCA· 1965-11-09 ·cited 42×
  The United States appeals a forfeiture judgment denying its claim to gambling proceeds seized by Dade County. The court affirmed the lower court's denial of the United States' belated motion to implead Howard Pinder as a necessary party and its motion to dismiss for failure to jo
• Green v. Hood
  120 So. 2d 223· Fla. 2d DCA· 1960-05-04 ·cited 40×
  The court held that the comptroller waived the defense of lack of personal jurisdiction by his voluntary appearance and participation in prior proceedings, and that the trial court erred in denying the comptroller's motion to vacate the final decree.
• The Sarasota Ice v. Lyle & Co.
  53 Fla. 1069· Fla.· 1907-01-01 ·cited 32×
  The appellate court reversed a lower court's foreclosure decree because one of the defendants was not properly served and thus not subject to the court's jurisdiction. The court also noted issues with an amended answer and cross-bill that were not properly disposed of.
• W. Coast Lumber Co. v. Griffin
  54 Fla. 621· Fla.· 1907-06-01 ·cited 24×
  West Coast Lumber Company appealed a decree canceling deeds to 360 acres of Florida land and removing clouds on the appellee's title. The Florida Supreme Court reversed and remanded because the evidence regarding possession and the source of title was insufficient and conflicting
• Headley v. Lasseter
  147 So. 2d 154· Fla. 3d DCA· 1962-12-04 ·cited 21×
  A city is a necessary or indispensable party in a court proceeding to review its administrative decision regarding a permit, and failure to join the city requires reversal of the judgment.
• The Bd. OF Pub. Instruction OF Duval Cnty. v. The Honorable Martin Sack
  212 So. 2d 819· Fla. 1st DCA· 1968-07-18 ·cited 14×
  The Board of Public Instruction sought a writ of prohibition to prevent a circuit judge from hearing a certiorari petition challenging a Civil Service Board's quasi-judicial order. The court held that the circuit court has jurisdiction to review quasi-judicial orders of local adm
• Ruth v. United States Fid. & Guar. Co.
  83 So. 2d 769· Fla.· 1955-11-23 ·cited 14×
  The Florida Industrial Commission lacks jurisdiction to review a deputy commissioner's compensation order if the application for review is filed with the commission more than twenty days after copies of the order were mailed to the parties.
• United States ex rel. J. Deavers v. Missouri
  171 F.2d 961· 5th Cir.· 1949-01-18 ·cited 12×
  The court held that the veteran and his employer are the only necessary parties in a suit to compel compliance with seniority provisions of the Selective Service Act, and that inter-employee disputes over seniority should be resolved by the Adjustment Board.
• In re Escheat of Monies Deposited in United States Dist. Court for E. Dist. of Pa.
  187 F.2d 131· 3d Cir.· 1951-01-30 ·cited 10×
  The court held that the United States District Court has exclusive jurisdiction over the bribe money, and the Pennsylvania state court lacked jurisdiction to hear a suit against the sovereign without consent.
• Auburn Auto. Co. v. Namor Corp.
  106 Fla. 594· Fla.· 1932-08-28 ·cited 9×
  A Florida creditors' class action suit involved Auburn Automobile Company's disallowed preference claim against a receiver administering Habig Motors Company's assets. The Supreme Court upheld the sufficiency of the notice of appeal, holding that naming the original complainant c
• Trinity Universal Ins. Co. v. Smithwick
  222 F.2d 16· 8th Cir.· 1955-05-02 ·cited 8×
  The court held that the surety bond protected the subcontractor, and the surety could not limit its liability by contract or raise defenses not timely asserted. The statutory penalty and attorney fees were properly awarded.
• Legion Ins. Co. v. Moore
  846 So. 2d 1183· Fla. 4th DCA· 2003-05-14 ·cited 5×
  Legion Insurance Company appealed the trial court's order striking its declaratory judgment action regarding UM coverage for an accident in which the insured driver died. The court affirmed, holding that where a first-party UM claim involves a disputed factual issue about whether
• Abravaya v. Fla. Power & Light Co. (No. 2)
  39 Fla. Supp. 153· Dade Cty. Cir. Ct.· 1973-09-26 ·cited 5×
  Plaintiffs sued Florida Power & Light Company for injuries sustained when an automobile driven by Richard Abravaya collided with another vehicle during a power outage that disabled traffic signals. The trial court dismissed the negligence complaint, holding that the utility owed
• Loewer v. N.Y. Life Ins.
  773 F. Supp. 1518· M.D. Fla.· 1991-09-20 ·cited 4×
  The court held that a motion to dismiss for failure to state a claim based on the statute of limitations should be denied if the complaint, taken as true, does not conclusively show the claim is time-barred, and that a trustee not yet appointed is not an indispensable party.
• Corcoran v. The Fed. Land Bank OF Columbia
  478 So. 2d 1161· Fla. 1st DCA· 1985-11-27 ·cited 4×
  A trial court may not dismiss a counter-claim on grounds of pending concurrent federal litigation; instead, a stay is the proper remedy under principles of state-federal comity. However, once appellants were dismissed as parties to the bank's foreclosure cross-claim, any error re
• Herron v. Keene Corp. & Keene Bldg. Prods. Corp.
  751 F.2d 873· 6th Cir.· 1985-01-10 ·cited 4×
  The court held that the issue of whether to stay proceedings against non-bankrupt parties is a procedural matter governed by federal law, not state law.
• Green v. Hood
  98 So. 2d 488· Fla.· 1957-11-27 ·cited 4×
  The Florida Supreme Court reversed an injunction decree that restrained a sheriff from collecting a tax warrant, holding that the Comptroller of the State of Florida was a necessary and indispensable party to the injunction proceeding and could not be bound by a decree entered wi
• Post v. Adams
  39 Fla. 207· Fla.· 1897-01-01 ·cited 4×
  Post & Flagg appealed a decree dismissing their equity bill without prejudice. The Florida Supreme Court reversed because Catherine Hunter, an indispensable party defendant, was never properly served with process and lacked opportunity to be heard, violating fundamental principle
• First Charter Land Corp. v. Fitzgerald
  643 F.2d 1011· 4th Cir.· 1981-03-05 ·cited 2×
  The court held that the district court had jurisdiction under 28 U.S.C. § 1655 to determine ownership of property located within the district, even if another court possessed the property, provided the federal court's judgment did not interfere with the state court's possession.
• Hallman v. Safeway Stores
  368 F.2d 400· 5th Cir.· 1966-11-10 ·cited 2×
  The court held that the Trustee and escrow agent were not necessary parties for diversity jurisdiction and that the option was validly exercised, entitling the assignee to specific performance.
• Yorty v. Eradio Abreu
  988 So. 2d 1155· Fla. 3d DCA· 2008-08-06 ·cited 1×
  The Tax Collector appeals the denial of motions to intervene and for relief from judgment in a property tax deed dispute. The court reverses, holding that the Tax Collector was a necessary party to the original litigation and should have been permitted to intervene, and that the
• Old Jamestown Storage LLC v. Cap. Max Grp., LLC
  S.D. Fla.· 2025-12-15
  The court held that the fraud and securities fraud claims should be dismissed for failure to meet pleading standards, but the breach of contract claim should proceed.
• Horsman v. Cooney
  M.D. Fla.· 2025-04-08
  The court held that Blue Sand Capital LLC must be dismissed as a party because it is dissolved and canceled, and that Patrick Horsman lacks standing to bring certain claims as he was neither a member nor an economic interest owner. The court also dismissed claims added without le
• Burgauer v. Premier Tr., Inc.
  M.D. Fla.· 2024-06-13
  A Florida trustee sued a Nevada trust company for breach of fiduciary duty after the company was appointed as successor trustee of a trust by a Nevada court that subsequently lacked personal jurisdiction over the original trustee, resulting in the company's sale of Florida proper
• Accelerant Specialty Ins. Co. v. Tran
  M.D. Fla.· 2023-11-07
  Venue is improper in the Middle District of Florida because no substantial part of the events giving rise to the claims occurred there, and the injured third-party claimants are indispensable parties who cannot be joined, requiring dismissal of the action.
• Connorex-Lucinda, LLC v. REX RES Holdings, LLC
  Del. Super. Ct.· 2022-11-29
  The court denied the motion to dismiss Counts I and II, finding that the plaintiff had standing, joinder of third parties was not required, and the amended complaint stated valid breach of contract claims. The court determined that the plaintiff had suffered a concrete injury in
• Howland v. Hertz Corp.
  431 F. Supp. 2d 1238· M.D. Fla.· 2006-05-03
  The court held that the tort exception to the Foreign Sovereign Immunities Act (FSIA) did not apply because the employee was on a non-essential personal errand when the accident occurred, and thus Bank Indonesia was immune from suit. The court also denied the plaintiff's request
• Roselle Constr. Corp. v. City of Hialeah
  39 Fla. Supp. 107· Dade Cty. Cir. Ct.· 1973-05-08
  Roselle Construction sought a writ of mandamus to compel Hialeah to issue a building permit for a condominium complex, obtaining an order requiring issuance on December 29, 1972. The court vacated that order upon Metropolitan Dade County's motion, finding the permit was procured
• City OF Miami v. Dade Cnty.
  190 So. 2d 436· Fla. 3d DCA· 1966-09-28
  The City of Miami appealed a declaratory judgment holding that it must comply with Florida Statutes Section 193.03, which limits tax millage increases when county assessment rolls show increased valuations. The court affirmed, rejecting the City's arguments that it was exempt fro
• Mun. Bond & Mortg. Co. v. Am. Sur. Co.
  111 Fla. 843· Fla.· 1933-09-20
  The Florida Supreme Court dismissed an appeal for failure to file a transcript and briefs, and for omitting a necessary party, despite reinstating the appeal once. The court found no reversible error in the record but ultimately dismissed the case due to procedural deficiencies.