Unclean Hands Doctrine

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

• State v. Thomas
  659 So. 2d 1305· Fla. 1st DCA· 1995-09-05 ·cited 4×
  The Florida First District Court of Appeal reversed a trial court's order reducing a father's child support obligation, finding it was an abuse of discretion to award a substantial decrease when the father voluntarily left full-time employment to pursue education. The court reman
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  884 F. Supp. 1544· N.D. Fla.· 1995-02-10 ·cited 4×
  The court held that collateral estoppel precluded relitigation of standing for two plaintiffs who were parties to the state litigation, but not for the other plaintiffs who were not parties to the state case.
• Fed. Deposit Ins. Corp. v. Plato
  981 F.2d 852· 5th Cir.· 1993-01-28 ·cited 4×
  The D'Oench, Duhme doctrine and its statutory analogue, 12 U.S.C. § 1823(e), apply to prevent borrowers from asserting defenses based on unwritten agreements or alterations that mislead federal bank examiners, even if the alterations were made by the bank itself.
• Interstate Title Corp. v. Miller
  581 So. 2d 213· Fla. 4th DCA· 1991-06-05 ·cited 4×
• Bandes v. Harlow & Jones, Inc.
  852 F.2d 661· 2d Cir.· 1988-07-19 ·cited 4×
  The court held that the act of state doctrine does not apply to property located within the United States, and that the Nicaraguan government's confiscation of the Bandes family's shares in INCA without just compensation is contrary to U.S. policy and will not be enforced. The co
• Sommer v. Sommer
  508 So. 2d 773· Fla. 5th DCA· 1987-06-18 ·cited 4×
  Robert Sommer appeals from a Florida court's injunction that temporarily prevented him from removing his four-year-old son from Florida, contrary to a Michigan custody decree. The court affirmed the temporary injunction as an emergency measure but quashed provisions that altered
• Marcella v. ARP Films, Inc.
  778 F.2d 112· 2d Cir.· 1985-12-03 ·cited 4×
  The court affirmed the judgment, holding that the defendant distributors were not deprived of the defense of disloyalty and that commissions found due were not premature.
• Aurora Bancshares Corp. & Ralph L. Egeland v. Weston
  777 F.2d 385· 7th Cir.· 1985-11-22 ·cited 4×
  The court held that the dismissal of a preliminary injunction request, based on discovery violations and unclean hands, is an appealable interlocutory order, and denied a motion to dismiss the appeal.
• United States v. I-12 Garden Apts.
  703 F.2d 900· 5th Cir.· 1983-04-25 ·cited 4×
  The court held that a contractor's inequitable and breaching conduct, along with the owner's material breach of the building loan agreement, barred recovery under both third-party beneficiary and unjust enrichment theories.
• Pfizer, Inc. v. Int'l Rectifier Corp.
  685 F.2d 357· 9th Cir.· 1982-08-26 ·cited 4×
  The court held that the district court correctly applied the materiality standard for patent fraud and inequitable conduct, finding no sufficient showing of misrepresentation or concealment.
• Wells Fargo & Co. v. Stagecoach Props., Inc.
  685 F.2d 302· 9th Cir.· 1982-08-24 ·cited 4×
  The court held that the district court properly affirmed the Trademark Trial and Appeal Board's denial of Wells Fargo's registration because its marks were confusingly similar to Stagecoach Properties' previously used, unregistered marks.
• Powell, Inc. v. Abney
  669 F.2d 348· 5th Cir.· 1982-03-05 ·cited 4×
  An equitable lien securing part of a judgment cannot be discharged by the judgment debtor paying an amount equal to the lien into court, especially when the debtor acted inequitably.
• Trueba v. Pawley
  407 So. 2d 945· Fla. 3d DCA· 1981-12-08 ·cited 4×
  The Florida Third District Court of Appeal reversed the trial court's dismissal of a family's action seeking disinterment of their father's remains from a cemetery that had initially buried him in the wrong plot. The court held that the family had sufficient justification to obta
• Bio-Medicus, Inc. v. S'holders Comm. IN Opposition TO the Mgmt. OF Bio-Medicus, Inc.
  608 F.2d 1155· 8th Cir.· 1979-11-13 ·cited 4×
  The court held that the district court did not abuse its discretion in denying plaintiffs' motions for preliminary injunctive relief, as plaintiffs failed to demonstrate a likelihood of success on the merits, irreparable harm, or a balance of hardships tipping in their favor.
• Brickell Constr. Corp. v. Pujol
  329 So. 2d 340· Fla. 3d DCA· 1976-03-09 ·cited 4×
  Florida appellate court affirmed the appointment of a receiver in a mortgage foreclosure action, rejecting the defendant's arguments that a trust cannot sue and that no emergency justified the receivership.
• Overseas Dev., Inc. v. Krause
  323 So. 2d 679· Fla. 3d DCA· 1975-12-09 ·cited 4×
  Overseas Development challenged an interlocutory order appointing a receiver in a mortgage foreclosure action and an order denying its motion to dismiss. The Florida appellate court affirmed both orders, holding that a receiver may be appointed before service of process in emerge
• Ehrler v. Kellwood Co.
  521 F.2d 1347· 8th Cir.· 1975-09-03 ·cited 4×
  The court held that the district court's finding of no material nondisclosure was not clearly erroneous, affirming the judgment for the defendants.
• Huntley v. The N.C. State Bd. OF Educ.
  493 F.2d 1016· 4th Cir.· 1974-03-21 ·cited 4×
• Belcher v. Tarbox
  486 F.2d 1087· 9th Cir.· 1973-11-07 ·cited 4×
  The court held that fraudulent material is not barred from copyright protection, and the Copyright Act does not require courts to pass on the truth or falsity of copyrighted works. However, it reversed the denial of copyright enforcement for a publication found to be deceptive.
• Crown Mach. & Tool Co. v. D & S Indus.
  409 F.2d 1307· 9th Cir.· 1969-02-13 ·cited 4×
  The appellate court affirmed the district courts' decisions in both cases, agreeing with their findings on patent validity, infringement, royalties, and antitrust claims.
• Walker Transp. Co., Inc. v. Neylon
  396 F.2d 558· 8th Cir.· 1968-06-27 ·cited 4×
  The court held that the parties abandoned the 1962 supplemental contract and continued to operate under the 1960 contract, as conditionally approved by the ICC, and that the trial court did not err in granting specific performance.
• Ammerman v. City Stores Co.
  394 F.2d 950· D.C. Cir.· 1968-04-04 ·cited 4×
  The court held that the letter constituted a binding option-lease agreement, sufficiently definite for specific performance, and that damages were an inadequate remedy.
• Arellanes v. United States
  353 F.2d 270· 9th Cir.· 1965-11-01 ·cited 4×
  The dissenting judge believes that grossly improper conduct by counsel taints representation, making the 'clean hands' doctrine inapplicable and requiring reversal.
• Noel v. Kline
  325 F.2d 496· 5th Cir.· 1963-12-20 ·cited 4×
  The court held that the trial court did not err in decreeing specific performance of a settlement contract, finding jurisdiction valid and the contract enforceable despite an illegal provision.
• Stiegele v. J. M. Moore Import-Export Co., Inc.
  312 F.2d 588· 2d Cir.· 1963-01-10 ·cited 4×
  The court held that the patent was valid and infringed, and that the district court did not abuse its discretion in denying leave to amend pleadings for late defenses.
• Hotel Phillips, Inc. v. Journeymen Barbers
  301 F.2d 443· 8th Cir.· 1962-04-20 ·cited 4×
  The court held that the barber services at issue were too unrelated to interstate commerce to fall under the Sherman Act, thus affirming the dismissal for lack of subject matter jurisdiction.
• Horne v. Isola Sewell and Marjorie Lucille Holt
  118 So. 2d 643· Fla. 1st DCA· 1960-03-15 ·cited 4×
  This interlocutory appeal challenges the trial court's order striking the defendant's second and third defenses and dismissing his counterclaim in a suit for specific performance of a real property guaranty agreement. The appellate court held that the struck defenses raised equit
• Thomas Corp. v. Nicholas
  221 F.2d 286· 5th Cir.· 1955-04-20 ·cited 4×
  The court held that a bankruptcy court order discharging a receiver without notice to a creditor with a court-ordered claim is voidable and can be vacated, and that the receiver may be personally liable for disbursements made without proper court authorization and notice.
• The Coca-Cola Co. v. Victor Syrup Corp.
  218 F.2d 596· C.C.P.A.· 1954-12-21 ·cited 4×
  The court held that the applicant's use of 'Nutri-Cola' was not confusingly similar to the opposer's 'Coca-Cola' mark, and the evidence did not sufficiently prove inequitable conduct or unfair competition to deny registration.
• Busch v. Busch
  68 So. 2d 350· Fla.· 1953-11-17 ·cited 4×
  A Florida Supreme Court case affirming a divorce decree granted to the husband on grounds of extreme cruelty by the wife, rejecting the wife's argument that the doctrine of recrimination should have barred the divorce.
• Q-Tips, Inc. v. Johnson & Johnson (two cases)
  207 F.2d 509· 3d Cir.· 1953-10-20 ·cited 4×
  The court affirmed the district court's judgment, holding that while some claims of the patent were valid, they were not infringed by the defendant's device, and that the defendant's counterclaims regarding unfair competition and antitrust violations were without merit.
• Westinghouse Elec. Corp. v. Bulldog Elec. Prods. Co.
  206 F.2d 574· 4th Cir.· 1953-07-24 ·cited 4×
  The court held that four patents (Jennings Reissue 19,887, Hodgkins 2,073,103, Jennings 2,190,517, and Swingle 2,329,362) were invalid for lack of patentable invention or were not infringed by the accused devices.
• In re Int'l Match Corp. Ehrhorn v. Int'l Match Realization Co.
  190 F.2d 458· 2d Cir.· 1951-06-25 ·cited 4×
  The court held that earned statutory commissions prior to the 1938 amendment were vested rights and could not be retroactively reduced by a subsequent rule or statute.
• United States v. Kiriaze
  172 F.2d 1000· 5th Cir.· 1949-02-25 ·cited 4×
  The court held that a denaturalization order obtained by publication service that did not strictly comply with statutory requirements is void, and the district court properly vacated it and dismissed the petition for lack of proof of fraud.
• Heath v. Frankel
  153 F.2d 369· 9th Cir.· 1946-01-15 ·cited 4×
  The court held that the patents were invalid due to lack of invention and that commercial success alone is insufficient to validate a patent.
• Roof v. Conway
  133 F.2d 819· 6th Cir.· 1943-02-10 ·cited 4×
  A federal court receiver may bring an ancillary suit to enjoin parties from attacking the validity of rights and contracts related to a subsidiary corporation, especially when the subsidiary is deemed an instrumentality of the receivership estate.
• Benas v. Maher
  128 F.2d 247· 8th Cir.· 1942-05-19 ·cited 4×
  The court held that a tax sale conducted without adhering to the procedural requirements of the applicable 1939 Missouri statute was void, and that the purchaser's inequitable conduct barred equitable relief.
• Lutie Edenfield v. Sayre
  81 Fla. 367· Fla.· 1921-03-19 ·cited 4×
  This case involves an appeal from an order sustaining a demurrer to a bill in equity. The bill sought to cancel a sheriff's deed and a judgment obtained at law, alleging lack of service of process and prior payment of the debt. The appellate court reversed the demurrer, finding t
• Langford v. Peyton R. Read
  69 Fla. 198· Fla.· 1915-02-23 ·cited 4×
  This case involves a dispute over a construction contract for a bank building in Arcadia, Florida, where contractor Peyton R. Read sought to foreclose a lien against property owners for allegedly unpaid contract amounts. The Supreme Court of Florida reversed the lower court's dec
• Nat'l Loan Acquisitions Co. v. Tabernacle Christian Ctr. Ministries, Inc.
  402 So. 3d 1028· Fla. 4th DCA· 2024-11-13 ·cited 3×
  A trial court's final judgment is void when it grants relief based on issues not raised in the motion or tried by consent, thereby violating a party's due process right to notice and an opportunity to be heard. A trial court violates due process when it adopts a party's proposed
• Vital v. Summertree Vill. at the Cal. Club Condo. Ass'n, Inc.
  343 So. 3d 1260· Fla. 3d DCA· 2022-08-03 ·cited 3×
  A final judgment in a foreclosure action that does not adjudicate all pending affirmative defenses to the foreclosure claim is premature and must be reversed, even though it is in the form of a final judgment and establishes a foreclosure sale date. Interlocutory orders related t
• Inteam Assocs., LLC v. Heartland Payment Sys., LLC
  2018 WL 1560058· Del. Ch.· 2021-10-29 ·cited 3×
  The court denied inTEAM's motion for a rule to show cause, finding that Heartland did not violate the prior injunction. The court held that Heartland's software's ability to export data, its proposals to state agencies, and its alleged data analysis functionality did not constitu
• 21st Mortg. Corp. v. TSE Plantation, LLC
  301 So. 3d 1120· Fla. 1st DCA· 2020-08-31 ·cited 3×
  The appellate court reversed a summary judgment granted to TSE Plantation, finding that 21st Mortgage Corporation did not cause injury to TSE Plantation's predecessor in interest through alleged misconduct in a bankruptcy case, which is a necessary element for an unclean hands de
• PNC Bank v. Smith
  225 So. 3d 294· Fla. 5th DCA· 2017-06-16 ·cited 3×
  The court held that the trial court erred in denying foreclosure based on the unclean hands doctrine when the alleged misconduct related to a separate, unrelated loan.
• Librizzi v. Ocwen Loan Servicing, LLC
  2015 U.S. Dist. LEXIS 106634· S.D. Fla.· 2015-08-13 ·cited 3×
  The court dismissed claims against credit bureaus for failing to allege specific violations of FCRA and denied injunctive relief. Claims against Ocwen, Homeward, and Deutsche Bank were also dismissed for failure to state a claim or lack of specific allegations.
• White v. White
  3 So. 3d 400· Fla. 2d DCA· 2009-02-06 ·cited 3×
  The court held that the trial court improperly relied on the affirmative defense of "unclean hands" when it was not pleaded or tried by consent.
• Marin v. Seven OF Five Ltd.
  921 So. 2d 699· Fla. 4th DCA· 2006-02-08 ·cited 3×
  The Fourth District Court of Appeal reversed a summary judgment in a mortgage foreclosure case, finding that genuine issues of material fact existed regarding the borrowers' affirmative defenses of unclean hands and promissory estoppel. The court held that while the warranty brea
• CBS Broad. Inc. v. Primetime 24 Joint Venture
  48 F. Supp. 2d 1342· S.D. Fla.· 1998-12-23 ·cited 3×
  PrimeTime failed to meet its burden of proving its subscribers qualify as 'unserved households' under the Satellite Home Viewers Act, as its methods for determining eligibility were insufficient and its evidence unreliable.
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• Della-Giustina v. Della-Giustina
  546 So. 2d 1146· Fla. 4th DCA· 1989-07-26 ·cited 3×