Unclean Hands Doctrine

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

• The AGE OF Majority Educ. Corp. v. Preller
  512 F.2d 1241· 4th Cir.· 1975-03-04 ·cited 6×
  The court held that while plaintiffs' claims for injunctive relief were barred by the doctrine of unclean hands, their claims for declaratory relief were not and must be adjudicated on the merits. The district court's dismissal of the declaratory judgment claims was reversed.
• De La Portilla v. De La Portilla
  287 So. 2d 345· Fla. 3d DCA· 1973-11-27 ·cited 6×
  In this Florida dissolution of marriage case, the wife appealed the trial court's striking of her affirmative defense of unclean hands and her counterclaim for invasion of privacy. The court affirmed the trial court's order, holding that the clean hands doctrine has been eliminat
• Hunt v. Rodriguez
  462 F.2d 659· 5th Cir.· 1972-06-30 ·cited 6×
  A single judge can determine Younger abstention issues, and appellants failed to demonstrate the great and immediate irreparable injury required for federal intervention in state criminal proceedings.
• The Long Island Rail Rd. Co. v. Sys. Fed'n NO. 156
  368 F.2d 50· 2d Cir.· 1966-10-31 ·cited 6×
  The court affirmed the preliminary injunction, finding that the union's resort to self-help measures like work slowdowns was unwarranted due to their disregard of the Railway Labor Act's dispute resolution procedures.
• Rocform Corp. v. Acitelli-Standard Concrete Wall, Inc.
  367 F.2d 678· 6th Cir.· 1966-10-11 ·cited 6×
  A patent licensing agreement that lacks a termination clause and fails to reduce royalties after the expiration of a key patent constitutes patent misuse, an illegal attempt to extend the patent monopoly.
• Empire Rayon Yarn Co., Inc. v. Am. Viscose Corp.
  354 F.2d 182· 2d Cir.· 1965-12-13 ·cited 6×
  The court held that discounts granted to jobbers performing distribution services were not unlawful under Section 2(c) of the Robinson-Patman Act, as they were not 'in lieu of brokerage.'
• Oster v. Sylvan B. Krause
  168 So. 2d 558· Fla. 3d DCA· 1964-11-03 ·cited 6×
  A co-trustee can sue for removal of another trustee, and a complaint alleging misconduct is sufficient if it provides notice of the cause of action, even if lacking specific details.
• Udall v. Littell
  338 F.2d 537· D.C. Cir.· 1964-08-13 ·cited 6×
  The court should not grant equitable relief preserving a relationship with Indians charged with fraud until the charges are heard.
• Wilson Jones Co. v. The Gilbert & Bennett Mfg. Co.
  332 F.2d 216· 2d Cir.· 1964-05-25 ·cited 6×
  Summary judgment for the defendant is affirmed because the plaintiff failed to present sufficient evidence to create a genuine factual issue regarding the likelihood of confusion between the trademarks, given the dissimilarity of the goods.
• Wilson Research Corp. v. Piolite Plastics Corp.
  327 F.2d 139· 1st Cir.· 1963-12-26 ·cited 6×
  The court held that the accused structure infringed patent #2,996,609 because the term 'united' did not preclude the use of an adhesive membrane between the plastic sheets.
• The Coral Gables First Nat'l Bank & Pan Am. Bank of Miami v. Constructors OF Fla., Inc.
  299 F.2d 736· 5th Cir.· 1962-02-26 ·cited 6×
  The Bankruptcy Court had the power to permit state court litigation to continue, especially when the parties, including the appellant Banks, had approved a reorganization plan that expressly provided for the continuation and determination of such litigation in state courts.
• Irene Booth as Special Administratrix of the Estate of Clarence Booth v. Barber Transp. Co.
  256 F.2d 927· 8th Cir.· 1958-06-26 ·cited 6×
  Summary judgment for specific performance is proper when no genuine dispute of material fact exists, and parol evidence is inadmissible to vary an unambiguous written contract.
• The Murmanill Corp. v. Simkins
  251 F.2d 33· 5th Cir.· 1958-01-07 ·cited 6×
  The court held that genuine issues of material fact existed regarding consideration and plaintiff's alleged misconduct, precluding summary judgment.
• Nice Ball Bearing Co. v. Bearing Jobbers, Inc.
  205 F.2d 841· 7th Cir.· 1953-07-20 ·cited 6×
  The court held that the instrument purporting to be a contract for the sale of stock was not a valid contract because the parties did not intend to create legal obligations, and thus ownership remained with the plaintiff.
• Shinsaku Nagano v. McGRATH
  187 F.2d 753· 7th Cir.· 1951-02-26 ·cited 6×
  The court held that the issuance of a stock certificate in a wife's name without delivery to her, for shares to which the husband was entitled, did not constitute a completed gift under the Illinois Uniform Stock Transfer Act, and equitable defenses were inapplicable.
• Losey v. State of Fla. Ex rel. Vincent C. Giblin
  158 Fla. 381· Fla.· 1947-01-03 ·cited 6×
  The Florida Supreme Court reversed an injunction against a gambling house, holding that a trial court improperly substituted state prosecutors for a private relator after finding the relator brought the suit with unclean hands (improper motives). The court reasoned that if the su
• Nat'l Labor Relations Bd. v. Fickett-Brown MFG. Co., Inc.
  140 F.2d 883· 5th Cir.· 1944-02-08 ·cited 6×
  The court held that a respondent's alleged misconduct subsequent to a Board order, or its belief that the Board is acting improperly, does not constitute a defense to the enforcement of the Board's order.
• Eresch v. Braecklein
  133 F.2d 12· 10th Cir.· 1943-01-13 ·cited 6×
• Am. Lecithin Co. v. Warfield Co.
  128 F.2d 522· 7th Cir.· 1942-06-04 ·cited 6×
  The court held that the patent was invalid due to lack of patentable novelty, as the claimed invention was disclosed in the prior art and the specific proportions required only routine experimentation.
• Maxwell Baxter v. Thompson
  134 Fla. 494· Fla.· 1938-10-06 ·cited 6×
  Maxwell Baxter sued Paul A. Thompson and Herbert S. Thompson to rescind a timber sales contract and recover a $2,000 down payment, claiming the defendants falsely represented the location and ownership of timber using a misleading map. The Florida Supreme Court affirmed the lower
• Hillsborough Cnty. v. DeSear
  120 Fla. 317· Fla.· 1935-07-01 ·cited 6×
  Hillsborough County issued a special assessment certificate for road paving without the statutorily required petition signed by owners of two-thirds of abutting property. The Florida Supreme Court held the certificate void ab initio due to the jurisdictional defect and affirmed t
• Hillsborough Cnty. v. Mem'l Heights Dev. Co.
  114 Fla. 251· Fla.· 1934-03-09 ·cited 6×
  This case involves an appeal from a decree that struck parts of an amended answer. The court affirmed the decree, holding that a legislative act used to authorize assessments and certificates was unconstitutional and void, thus invalidating any defenses based on prior litigation
• Picture Plays Theatre Co. of Tampa v. Williams
  75 Fla. 556· Fla.· 1918-04-18 ·cited 6×
  T. Williams sought to enforce his ownership of 13 shares of corporate stock that were cancelled by the Picture Plays Theatre Company's board of directors. The Florida Supreme Court held that Williams' own fraudulent acquisition of the stock barred him from equitable relief under
• Spliethoff Bevrachtingskantoor B.V. v. United Yacht Transp. LLC
  842 F. Supp. 2d 1356· S.D. Fla.· 2022-11-17 ·cited 5×
  The court held that res judicata did not bar the claims and that UYT's counterclaim for cancellation failed because Dockwise LLC's use of the mark in 2012 established priority rights that transferred to Spliethoff.
• Jackman v. Cebrink-Swartz
  334 So. 3d 653· Fla. 2d DCA· 2021-05-28 ·cited 5×
  The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
• HSBC Bank USA v. Buset
  241 So. 3d 882· Fla. 3d DCA· 2018-02-07 ·cited 5×
  A trial court's order granting an involuntary dismissal following a nonjury trial is a final, appealable order when it contains language entering judgment, and the trial court's reservation of jurisdiction to award attorney's fees or impose sanctions does not affect the finality
• Sarfaty v. In re M.S.
  232 So. 3d 1074· Fla. 3d DCA· 2017-11-01 ·cited 5×
  Gilberto Sarfaty appealed the dismissal of his petition to determine his adult brother M.S.'s incapacity. The trial court dismissed the petition without leave to amend based on alleged procedural defects, including failure to timely read the petition to M.S. and examining committ
• The Leila Corp. OF ST. Pete v. Fareed Ossi & Ossi Consulting Eng'rs, Inc.
  144 So. 3d 644· Fla. 2d DCA· 2014-08-08 ·cited 5×
  The petitioners sought a writ of prohibition to overturn Judge Barton's denial of their motion to disqualify him, arguing both that the motion was legally sufficient and that the judge failed to rule within thirty days, triggering an automatic grant. The appellate court rejected
• The Leila Corp. OF ST. Pete v. Fareed Ossi & Ossi Consulting Eng'rs, Inc.
  138 So. 3d 470· Fla. 2d DCA· 2014-01-17 ·cited 5×
  The trial court barred all claims in a complex condominium development dispute between the Agia and Ossi families based on the doctrine of unclean hands, finding that Dr. Agia had created a corporate structure to shield assets from a potential automobile accident judgment. The ap
• Boca Raton Cmty. Hosp., Inc. v. Tenet Healthcare Corp.
  502 F. Supp. 2d 1237· S.D. Fla.· 2007-08-02 ·cited 5×
  Tenet's alleged overcharging did not directly cause Boca's claimed injury, and Boca's damages model was improperly constructed, thus Tenet is entitled to summary judgment.
• Guinness PLC v. Ward
  955 F.2d 875· 4th Cir.· 1992-01-28 ·cited 5×
  The Fourth Circuit held that while a post-judgment settlement might not be an explicit defense under the Maryland Uniform Foreign Money-Judgments Recognition Act, a party can be judicially estopped from raising it if they failed to notify the foreign court of the settlement durin
• Gray v. Purchase Corp.
  573 So. 2d 205· Fla. 1st DCA· 1991-01-25 ·cited 5×
  The court held that the Grays failed to properly raise disputed issues of material fact to preclude summary judgment on the deficiency claim.
• Neva, Inc. v. Christian Duplications Int'l, Inc.
  743 F. Supp. 1533· M.D. Fla.· 1990-04-11 ·cited 5×
  The court held that Lanham Act remedies under 15 U.S.C. § 1117(a) apply to claims based on false or misleading representations of fact, not just infringement of registered marks. It also found that the implied terms of the contract showed intent for Scourby to retain copyright ow
• Shearson/American Express, Inc. v. Mann
  814 F.2d 301· 6th Cir.· 1987-03-20 ·cited 5×
  The court held that a stockbroker can recover money paid under a mutual mistake of fact, even if negligent, provided the payee has not detrimentally changed their position. The court also affirmed the denial of a counterclaim.
• Isaly Co. v. Kraft, Inc.
  619 F. Supp. 983· M.D. Fla.· 1985-07-15 ·cited 5×
  The court held that Kraft's Polar B'ar packaging infringed on Isaly's Klondike bar trade dress, finding a likelihood of confusion.
• Coates v. Hale
  429 So. 2d 761· Fla. 1st DCA· 1983-04-12 ·cited 5×
  Coates contracted to sell property to Hale but later conveyed it to Amori in violation of the earlier agreement. The trial court granted specific performance of the Coates-Hale contract and $2,500 in damages. The appellate court affirmed specific performance but reversed the dama
• Myron Sponder v. Equity Cap. Co.
  248 So. 2d 251· Fla. 3d DCA· 1971-04-06 ·cited 5×
  A junior mortgagee appealed a summary judgment denying his right to redeem property after foreclosure of a senior mortgage. The court affirmed, holding that the junior mortgagee was barred by the equitable defense of unclean hands because he knowingly participated in the senior f
• Caplinger v. Claibourne W. Patty
  398 F.2d 471· 8th Cir.· 1968-07-18 ·cited 5×
  The court held that the marshaling of assets doctrine, applied equitably, entitled Caplinger to retain proceeds from the foreclosure sale, as his lien on the real estate was valid and superior to the trustee's interest.
• Eristavi-Tchitcherine v. Lasser
  164 F.2d 144· 5th Cir.· 1947-11-07 ·cited 5×
  The court held that specific performance cannot be granted on the pleadings alone when material issues of fact regarding fraud and the validity of the contract remain unresolved.
• Hennessy v. Grover Cleveland Hudson
  100 Fla. 967· Fla.· 1930-10-21 ·cited 5×
  A man sought to annul a divorce decree on grounds that his former cohabitant fraudulently represented herself as his wife when she was actually married to another man. The Florida Supreme Court reversed the lower court's decree of annulment, holding that the man came to court wit
• Jenkins v. Jenkins
  159 So. 3d 310· Fla. 2d DCA· 2015-03-06 ·cited 4×
  The court held that a party seeking downward modification of child support with substantial arrearages must demonstrate an inability to comply with the prior order, and absent such proof, the petition should be denied.
• Whitney Nat'l Bank v. Golf Strategies, LLC
  125 So. 3d 985· Fla. 2d DCA· 2013-06-21 ·cited 4×
  Florida appellate court affirmed judgment against guarantors but struck language estopping bank from foreclosure because the bank had already taken possession in bankruptcy proceedings, making foreclosure unnecessary.
• Sasha Kaminik and Paul Connolly v. Countrywide Home Loans, Inc.
  64 So. 3d 195· Fla. 4th DCA· 2011-07-06 ·cited 4×
• Citibank, N.A. v. Dalessio
  756 F. Supp. 2d 1361· M.D. Fla.· 2010-12-10 ·cited 4×
  Citibank, as the holder of the note, established the elements for mortgage foreclosure, and the defendant failed to prove his affirmative defenses or counterclaim for Truth in Lending Act rescission.
• Jeffrey O. v. City of Boca Raton
  511 F. Supp. 2d 1339· S.D. Fla.· 2007-02-26 ·cited 4×
  The court held that the City's Ordinance 4649, which defined and restricted substance abuse treatment facilities, facially discriminated against recovering individuals and violated the Fair Housing Act. The court also found that Section 28-2, limiting occupancy to three unrelated
• Land-Cellular Corp. v. Zokaites
  463 F. Supp. 2d 1348· S.D. Fla.· 2006-10-23 ·cited 4×
  The court held that a writ of replevin can only be issued for tangible personal property capable of specific identification and manual seizure, not for intangible assets like bank accounts or accounts receivable.
• Sec. & Exch. Comm'n v. Lauer
  445 F. Supp. 2d 1362· S.D. Fla.· 2006-08-18 ·cited 4×
  The court denied the defendant's motion to modify the preliminary injunction to allow access to frozen funds for legal defense costs, finding his arguments lacked merit and he had waived his right to challenge the freeze by agreeing to it twice.
• Tancogne v. Tomjai Enters. Corp.
  408 F. Supp. 2d 1237· S.D. Fla.· 2005-11-15 ·cited 4×
  The court granted Plaintiffs' motion for a preliminary injunction, finding a likelihood of confusion due to the similarity of the marks and products, and denied Defendant Tomjai's motion.
• Hinton v. Brooks
  820 So. 2d 325· Fla. 5th DCA· 2001-11-16 ·cited 4×
  Fraud in the inducement is not barred by the economic loss rule and constitutes a valid affirmative defense in a mortgage foreclosure action.
• Shlomo Dery and Bela Dery v. Occhiuzzo & Occhiuzzo Enters., Inc.
  771 So. 2d 1276· Fla. 4th DCA· 2000-11-29 ·cited 4×
  The court held that Kelman's lien on the liquor license was not perfected because it was not timely filed with the Division of Alcoholic Beverages and Tobacco (DABT), making it inferior to the appellants' lien. The court also held that the trial court erred in entering summary ju