Suretyship

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

• The Mut. Loan & Bldg. Ass'n v. Miles and John Price
  16 Fla. 204· Fla.· 1877-06-01 ·cited 2×
  The Florida Supreme Court reversed a judgment holding sureties liable for a treasurer's defalcations occurring after the expiration of his annual term of office. The court held that surety liability on an official bond is limited to the officer's term of office, not indefinitely
• United States v. Russell
  50 F. Supp. 138· S.D. Fla.· 1985-11-26 ·cited 1×
• United States Fid. & Guar. Co. v. Orlando Utils. Comm'n
  564 F. Supp. 962· M.D. Fla.· 1983-02-04 ·cited 1×
  The court held that while the mechanical contractor was responsible for some delays, the overall eight-month delay in commercial operation was not solely attributable to the surety's principal, with other contractors and owner-supplied defects also contributing significantly.
• Moore v. Control Escrow Payment Co.
  244 So. 2d 491· Fla. 4th DCA· 1971-01-22 ·cited 1×
  The Moores agreed to release their mortgage liens on property in exchange for a collateral note and security arrangements through an escrow agreement. When the construction project failed and the construction lender foreclosed, the Moores sued Control Escrow Payment Company (CEPC
• Sork v. United Benefit Fire Ins. Co.
  161 So. 2d 54· Fla. 3d DCA· 1964-02-25 ·cited 1×
  The court held that while summary judgment for liability was proper, the award of attorneys' fees in the summary judgment was erroneous as their reasonableness must be determined by a jury.
• Mitchell v. Cotten
  2 Fla. 136· Fla.· 1848-01-01 ·cited 1×
  Isaac Mitchell sued Frederick Cotten (executor of John W. Cotten) to recover on a promissory note for $15,955. The trial court ruled for the defendant, but the Supreme Court reversed, holding that Mitchell could recover the original consideration on the money counts despite the s
• Timberline Constr. Grp., LLC v. Aptim Fed. Servs., LLC
  M.D. Fla.· 2024-07-31
  A mandatory forum-selection clause in a subcontract is given controlling weight in a venue transfer analysis under 28 U.S.C. § 1404(a), even when a Miller Act claim is involved, unless extraordinary circumstances justify non-enforcement.
• In re 2004 21' Polar Boats Runabout vessel HIN No. MJIA6058H304
  M.D. Fla.· 2023-08-29
  The court granted the petitioner's motion, approving the amended ad interim stipulation and directing the issuance of a monition and injunction to restrain further prosecution of claims.
• In re 2004 21' Polar Boats Runabout vessel HIN No. MJIA6058H304
  M.D. Fla.· 2023-08-09
  The court denied the petitioner's motions to approve an ad interim stipulation and issue a monition and injunction because the stipulation lacked a guarantee of payment from a surety, failing to meet the requirements for adequate security under the Limitation of Liability Act.
• Atl. Specialty Ins. Co. v. R L Burns Inc.
  M.D. Fla.· 2023-06-12
  The court granted Plaintiff's motion to extend the preliminary injunction, finding that the requirements for such an injunction were met, and stayed the case as to one defendant due to bankruptcy.
• P.C. Connection, Inc. v. Synygy Ltd.
  Del. Ch.· 2021-01-07
  The court granted Connection's request for a preliminary injunction, converting the existing status quo order into a preliminary injunction. This injunction will remain in effect until the earlier of the final disposition of the action or March 31, 2021, allowing Connection a rea
• Price v. City of Ocala
  123 La. 918· M.D. Fla.· 2019-04-22
  The court held that the plaintiff lacked standing because he failed to allege a real and immediate threat of future injury, as required for claims under Title II of the ADA. The court found that the plaintiff's allegations regarding his connection to the city and the specific ina
• Truog v. Mid-America Apt. Cmtys., Inc.
  115 La. 860· M.D. Fla.· 2019-02-12
• Molnoski v. Batmasian
  2017 U.S. Dist. LEXIS 50706· S.D. Fla.· 2017-03-31
• United States v. Moore
  2017 U.S. Dist. LEXIS 65428· S.D. Fla.· 2017-01-26
• Conley v. Nw. Fla. State Coll.
  N.D. Fla.· 2015-11-12
• E. Sav. Bank, FSB
  Del.· 2015-09-28
  The Delaware Supreme Court affirmed the Superior Court's decision, holding that the doctrine of equitable subrogation is inapplicable to the facts of this case. The Court found that Delaware's pure race recording statute, 25 Del. C. § 2106, governs the priority of liens, and that
• VTB Bank v. Navitron Projects Corp.
  Del. Ch.· 2015-08-11
  The Court grants Development Max's motion to dismiss on forum non conveniens grounds. The Court found that the complexity and unsettled nature of Ukrainian law, coupled with the diverging expert opinions on its application, made Ukraine the more appropriate forum. The Court's pri
• St. Paul Fire & Marine Ins. v. Cypress Fairway Condo. Ass'n
  M.D. Fla.· 2015-07-20
  The court held that the insurer had no duty to defend or indemnify Vineland, and that the allegations in Count VI of the underlying complaint did not trigger coverage under the insurance policies. However, the reasonableness of the settlement for Count V remained a disputed issue
• Arnold v. Novartis Pharms. Corp.
  2014 WL 2958600· M.D. Fla.· 2014-07-01
• Fireline Bail Bonds & United States Fire Ins. Co. v. Brock
  110 So. 3d 11· Fla. 2d DCA· 2013-02-06
  A bail bond surety appeals the denial of its motion for full remission of two bail bond forfeitures after a defendant failed to appear for trial. The court held that the State's addition of a new charge without notice to the surety did not discharge the surety's obligations on th
• Westchester Fire Ins. v. City of Brooksville
  731 F. Supp. 2d 1298· M.D. Fla.· 2010-07-30
  The court held that the surety is not liable on the performance bonds because the underlying development project was abandoned, meaning the purpose of the bonds (to ensure utility services for homes) was not triggered, and the obligee (City) suffered no damages.
• In & for New Castle Cnty. John Petroleum, Inc.
  Del. Super. Ct.· 2010-06-04
  The appellate court affirmed in part and reversed in part the trial court's decision. The court held that the defendant, Parks, remained liable as a guarantor and assignor of the lease, despite assigning it to a third party. The court also found that the notice of default provide
• IN & FOR NEW Castle Cnty. THE Reserves Dev. Corp. & THE Reserves Mgmt. Corp. v. Esham
  Del. Super. Ct.· 2009-11-10
  The court held that the defendant waived the statute of limitations defense by failing to plead it affirmatively. The court also found that the defendant was not personally liable for homeowners association assessments under a section of the sale agreement that bound him to restr
• Dooley & Mack Constructors, Inc. v. Developers Sur. & Indem. Co. & Buildtec Constr. Grp., Inc.
  972 So. 2d 893· Fla. 3d DCA· 2007-11-07
  A performance bond obligee may recover damages from the surety for the obligee's costs in completing defaulted subcontract work without notifying the surety, where the underlying subcontract expressly grants the obligee the option to cure the default itself without notice.
• T & G Constructors, Inc. v. Pro-Tech Conditioning & Heating Serv., Inc.
  834 So. 2d 258· Fla. 5th DCA· 2002-11-22
  T & G Constructors appeals a summary judgment in favor of Pro-Tech Conditioning, a subcontractor owed $16,000-$18,000 for HVAC work on a school renovation project. The court affirmed, holding that T & G's assignment of its claims to the payment bond surety (Reliance) deprived it
• In & for New Castle Cnty. Summit Invs. II
  Del. Ch.· 2002-09-20
  The Court of Chancery dismissed the complaint against Ron Sechrist and the Sechrist Trust for lack of personal jurisdiction, finding they lacked sufficient minimum contacts with Delaware. The court also dismissed the claims against the defendant directors, finding they were not n
• Palm Beach Cnty. v. First Union Nat'l Bank OF Fla. & Stelar Corp.
  658 So. 2d 1054· Fla. 4th DCA· 1995-06-21
  Palm Beach County appealed a summary judgment dismissing its claim against First Union National Bank for failing to pay out an escrow account. The court reversed, holding that the bank's obligation as an escrow depository is not governed by the statute of limitations for sureties
• Minasian v. State
  655 So. 2d 1143· Fla. 4th DCA· 1995-04-12
  Alan Minasian challenges the trial court's forfeiture of a $3,000 cash bail bond posted by his mother, Louise Minasian, to pay restitution after his plea to fraud and theft charges. The court held that the trial judge lacked authority to forfeit the surety's cash bond without sta
• Laborers' Pension Fund & Laborers' Welf. Fund of the Health & Welf. Dep't of the Constr. & Gen. Laborers' Dist. Council of Chicago & Vicinity v. Concrete Structures OF THE Midwest, Inc.
  999 F.2d 1209· 7th Cir.· 1993-08-05
  CSM, as a general contractor, is liable for its subcontractor's unpaid fringe benefit contributions under ERISA and the collective bargaining agreement.
• Transamerica Ins. Co. v. The United States
  998 F.2d 972· Fed. Cir.· 1993-07-09
• Westcott Constr. Corp. v. Firemen's Fund OF NEW Jersey
  996 F.2d 14· 1st Cir.· 1993-06-25
  The court held that the appellant's claim was barred by res judicata, as the issue of indemnification had been previously decided by arbitrators and affirmed by state courts.
• Transamerica Ins. Co. v. The United States
  989 F.2d 1188· Fed. Cir.· 1993-03-24
  A surety who completes a defaulted contract is subrogated to the government's right to set off losses from that contract against funds owed to the contractor on a separate contract, even if the government has no competing claim to those funds.
• Carter v. Derwinski
  987 F.2d 611· 9th Cir.· 1993-03-04
  The VA retains an independent federal right of indemnity against veterans for amounts paid on loan guarantees, regardless of state foreclosure procedures or deficiency judgment laws.
• Nationwide Mut. Ins. Co. v. Archer
  603 So. 2d 54· Fla. 5th DCA· 1992-07-24
  Nationwide cannot recover from its principal, Archer, for payments made on a utility bond because the obligation arose from the error of Nationwide's own agent.
• S. Steel Co., Inc. v. United Pac. Ins. Co.
  935 F.2d 1201· 11th Cir.· 1991-07-15
  The court held that a genuine issue of material fact exists regarding whether "no charge" reworked locks constituted original contract performance, thus potentially extending the notice period under Georgia's Little Miller Act.
• United States for the Use & Benefit of Westinghouse Elec. Supply Co. v. Purdy L. Sisson
  927 F.2d 310· 7th Cir.· 1991-03-08
  The court held that the surety's payment bond was retroactive, making the surety liable for materials supplied before the bond's effective date.
• United States for the Use of Pippin v. J.R. Youngdale Constr. Co., Inc.
  923 F.2d 146· 9th Cir.· 1991-01-11
  The court held that a notice of appeal filed before the disposition of a Rule 59(e) motion is a nullity, requiring a new notice after the motion is decided. The court also held that for leased equipment under the Miller Act, the statute of limitations begins to run when the equip
• Rure Assocs., Inc. v. DiNARDI Constr. Corp.
  917 F.2d 1332· 2d Cir.· 1990-11-05
  A mechanic's lien claim against a school district is not subject to the notice of claim requirements of N.Y. Education Law § 3813, and the time to file such a lien runs from the completion and acceptance of the work, not the contractor's termination. Claims against a payment bond
• Texaco Ref. & Mktg., Inc. v. AETNA Cas. & Sur. Co., Inc.
  895 F.2d 637· 9th Cir.· 1990-02-08
  A surety is exonerated under California Civil Code § 2819 when the creditor materially alters the principal's obligation without the surety's consent, and a mere agreement to indemnify does not satisfy the exception for indemnified sureties.
• Granite Computer Leasing Corp. v. The Travelers Indem. Co.
  894 F.2d 547· 2d Cir.· 1990-01-22
  The court held that the evidence presented raised questions of fact regarding whether National's cessation of work constituted a material breach, and thus Granite was not entitled to a directed verdict as a matter of law.
• City OF Houma v. Mun. & Indus. Pipe Serv., Inc.
  884 F.2d 886· 5th Cir.· 1989-10-06
  The court held that the surety was liable for the contractor's fraud, and the engineering firm was liable to the surety for breach of its monitoring duties, but the award of attorney's fees to the City was improper.
• Allstate Ins. Co. v. Am. Bankers Ins. Co. OF Fla.
  882 F.2d 856· 4th Cir.· 1989-08-10
  The court held that an assignment of future annuity payments was not a valid legal assignment because the assignor lacked ownership and it did not transfer a present right, and that even as an equitable assignment, it would not be enforced due to inequitable circumstances. Furthe
• Springs Indus., Inc. v. Kris Knit, Inc.
  880 F.2d 1129· 9th Cir.· 1989-07-26
  A continuing guarantee agreement, which expressly requires written notice for termination and applies to future obligations and modifications, cannot be orally terminated or discharged by a material alteration in the underlying dealings between the original parties.
• United States v. Hays
  877 F.2d 843· 10th Cir.· 1989-06-14
  A retired partner remains liable for dissolved partnership's employment taxes when the IRS enters into a forbearance agreement with another partner who assumed liabilities, as this does not constitute a material alteration discharging the retired partner's obligation.
• Roemelmeyer v. Falin (In re 6801 Collins Ave.
  S.D. Fla.· 1989-02-08
• Crawford v. 733 SAN Mateo Co.
  854 F.2d 1220· 10th Cir.· 1988-08-17
  The court held that a surety who consents in the original note to extensions or accommodations remains liable even if the note is subsequently modified without their express consent to the specific changes.
• United States v. Keeton
  847 F.2d 274· 5th Cir.· 1988-06-21
• United States v. Arnaiz
  842 F.2d 217· 9th Cir.· 1988-03-11
  The district court has jurisdiction to order the return of a bail bond premium when the bonding company is released from its obligations before trial.
• Allied Fid. Ins. Co. v. Scott
  516 So. 2d 315· Fla. 2d DCA· 1987-12-09
  The court held that Allied could not recover damages for losses caused by its own interference with the principal's performance, but was entitled to attorney's fees despite not presenting proof at trial.