Unclean Hands Doctrine

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

• Youngs Drug Prods. Corp. v. Dean Rubber Mfg. Co.
  362 F.2d 129· 7th Cir.· 1966-06-16 ·cited 3×
  The court held that a defendant's malicious and unfair competition, including the circulation of falsified documents to discredit a competitor and cause business loss, constitutes tortious interference with property rights, justifying both an injunction and damages.
• Murdock Acceptance Corp. v. United States
  220 F.2d 279· 5th Cir.· 1955-02-21 ·cited 3×
• Tayte Holley v. Debra Erwin - Jenkins
  369 So. 3d 1218· Fla. 2d DCA· 2023-08-23 ·cited 2×
  The appellate court reversed an involuntary dismissal of a child support arrearage claim, finding the mother presented sufficient evidence and the estate failed to prove laches. The case was remanded for calculation of the unpaid support.
• Davis v. Verandah at Lake Grady Homeowners Ass'n, Inc.
  354 So. 3d 1140· Fla. 2d DCA· 2023-01-13 ·cited 2×
  The appellate court affirmed a trial court's grant of summary judgment, holding that the Davises were bound by restrictive covenants (CCRs) despite their argument that the CCRs were not recorded before their property purchase. The court found the Davises had actual notice and int
• U.S. Bank Nat'l Ass'n for the C-Bass Mortg. Loan Asset-Backed v. Iftikhar Qadir
  342 So. 3d 855· Fla. 1st DCA· 2022-07-20 ·cited 2×
  The appellate court reversed a trial court's decision that barred a mortgage foreclosure based on the "unclean hands" doctrine and awarded an incorrect amount. The court found no evidence that the bank acted unscrupulously or that the borrowers relied on any alleged misconduct to
• Proino Breakfast Club v. O G I Cap., Inc.
  331 So. 3d 846· Fla. 2d DCA· 2021-12-08 ·cited 2×
  The appellate court reversed a summary judgment of foreclosure, finding that the plaintiff failed to refute the defendants' affirmative defenses of unclean hands and violations of the Truth in Lending Act. The court also found that the dismissal of the defendants' counterclaims w
• Corrigan v. Vargas
  277 So. 3d 642· Fla. 5th DCA· 2019-04-05 ·cited 2×
  The appellate court reversed a trial court's order that vacated a child support provision in a mediated parenting plan. The court found that the father, who sought to vacate the order based on fraud, had "unclean hands" because the alleged fraud originated from his own misreprese
• Adweiss LLLP v. Daum
  208 So. 3d 760· Fla. 3d DCA· 2016-11-16 ·cited 2×
  Adweiss LLLP and its general partner appealed orders granting John Daum and JAD Services advancement of attorney's fees and costs under an LLC operating agreement. The court affirmed that the agreement's language "indemnify, defend and hold harmless" provides for advancement of f
• Carlson v. Carlson
  204 So. 3d 456· Fla. 4th DCA· 2016-06-01 ·cited 2×
  The court held that the magistrate erred in imputing gift income and a daycare discount to the wife without sufficient evidence and in failing to rule on a request for a daycare expense income deduction order.
• Nationstar Mortg., LLC v. Craig
  193 So. 3d 74· Fla. 3d DCA· 2016-05-11 ·cited 2×
  Nationstar Mortgage appealed a trial court's denial of its foreclosure action and entry of a money judgment instead. The appellate court reversed, holding that the default notice substantially complied with the mortgage's paragraph 22 notice requirements and that the notice was a
• Bank OF Am., N.A. v. Pate
  159 So. 3d 383· Fla. 1st DCA· 2015-03-16 ·cited 2×
• GMT Constr., Inc. v. Gulfside Supply, Inc.
  116 So. 3d 515· Fla. 3d DCA· 2013-06-12 ·cited 2×
  GMT Construction and its officer Ronald Smith appealed a summary judgment awarded to roofing supply company Gulfside Supply. The court reversed, finding that genuine issues of material fact remained regarding whether GMT authorized charges to its account for materials purchased b
• Good v. Deutsche Bank Nat'l Tr. Co. for the Certificate Holders of Soundview Home Loan Tr. 2006-OPT5
  98 So. 3d 1255· Fla. 4th DCA· 2012-10-17 ·cited 2×
  Homeowners appealed a summary foreclosure judgment, arguing the lender (Deutsche Bank) failed to negate their affirmative defenses including a RESPA violation claim. The court affirmed, holding that RESPA imposes no liability on a successor note holder merely by virtue of succeed
• Zackary Edge v. Edge
  69 So. 3d 348· Fla. 3d DCA· 2011-09-07 ·cited 2×
  The court held that an appeal from an order regarding attorney fees referral was not properly before the court, and a judgment for tax reimbursement was reversed due to a procedural failure to except to a magistrate's findings.
• Cont'l Grp., Inc. v. KW Prop. Mgmt., LLC
  622 F. Supp. 2d 1357· S.D. Fla.· 2009-04-22 ·cited 2×
  The court found that TCG established a substantial likelihood of success on its CFAA claim, warranting a preliminary injunction.
• Auto-Owners Ins. Co. v. Am. Yachts, Ltd.
  492 F. Supp. 2d 1379· S.D. Fla.· 2007-06-21 ·cited 2×
  The court held that an excess insurer's bad faith claim against a primary insurer is derivative of the insured's claim and is barred if the insured has been released from all liability, extinguishing the underlying claim and the possibility of an excess judgment.
• McDOWELL v. Rodriguez
  822 So. 2d 14· Fla. 5th DCA· 2002-03-01 ·cited 2×
  This case concerns indemnification under Florida's dangerous instrumentality doctrine. The court affirmed a summary judgment holding a car owner liable for indemnifying a dealership that provided a vehicle, even though the owner had issues with the car and financing was not secur
• Secretary OF Veteran Affairs v. Tejedo
  774 So. 2d 709· Fla. 3d DCA· 1999-12-29 ·cited 2×
  The Secretary of Veterans Affairs appeals an order setting a redemption amount for property after the trial court was directed by prior appeal to establish such amount with proper evidence. The court affirms, holding that the Secretary cannot abandon the redemption remedy it init
• Nancy v. Limner
  709 So. 2d 154· Fla. 4th DCA· 1998-03-25 ·cited 2×
  A mortgagee's liability for unpaid condominium assessments is limited by section 718.116, Florida Statutes, to the lesser of six months of unpaid assessments or one percent of the original mortgage debt, and this limitation applies to a former unit owner who took back a first mor
• Marion Cnty. Sch. Bd. & Adjustco v. Griffin
  667 So. 2d 358· Fla. 1st DCA· 1995-11-16 ·cited 2×
  Marion County School Board and its workers' compensation carrier appealed an order awarding an attorney $19,079.62 in additional fees for services rendered in securing workers' compensation benefits for an injured teacher. The court affirmed in part and reversed in part, holding
• MCI Telecomms. Corp. v. Best Tel. Co., Inc.
  898 F. Supp. 868· S.D. Fla.· 1994-04-26 ·cited 2×
  The court held that the filed tariff doctrine precludes the defendant's affirmative defenses and counterclaim, but a material issue of fact exists regarding the amount owed.
• Ramos v. Biomet, Inc.
  828 F. Supp. 1570· S.D. Fla.· 1993-08-02 ·cited 2×
  The court held that the defendant willfully infringed the plaintiff's patent both literally and under the doctrine of equivalents, awarding significant damages.
• Preyer v. Gulf Tank & Fabricating Co., Inc.
  1993 WL 264418· N.D. Fla.· 1993-05-05 ·cited 2×
  The court held that Bay Tank, as a successor corporation, is liable for the judgment against Gulf Tank, despite a release given to Dixie, because Bay Tank had notice of the claim and continuity of operations.
• Dragland v. Dragland
  613 So. 2d 561· Fla. 2d DCA· 1993-02-03 ·cited 2×
  The court held that while the finding of civil contempt for failure to pay alimony was proper due to the husband's willful non-compliance and unclean hands, the incarcerative provision was improper without a specific finding of present ability to pay the purge amount.
• qad. inc. v. ALN Assocs., Inc.
  974 F.2d 834· 7th Cir.· 1992-09-03 ·cited 2×
  The court held that the district court did not abuse its discretion in dissolving the preliminary injunction based on the plaintiff's misrepresentations, and that pendent appellate jurisdiction did not extend to reviewing the summary judgment ruling.
• LOS Angeles News Serv. v. Tullo
  973 F.2d 791· 9th Cir.· 1992-08-27 ·cited 2×
  The court held that raw videotapes of newsworthy events can be copyrightable if they possess sufficient originality, and that AVRS's commercial copying of LANS's footage did not constitute fair use.
• Equal Emp. Opportunity Comm'n v. Recruit U.S.A., Inc.
  939 F.2d 746· 9th Cir.· 1991-07-19 ·cited 2×
  The court held that even if the EEOC violated Title VII's confidentiality provisions, the district court did not abuse its discretion in granting the preliminary injunction because the substantial public interest in eradicating discrimination outweighs the 'clean hands' doctrine.
• In re Rose v. Rose
  934 F.2d 901· 7th Cir.· 1991-06-14 ·cited 2×
  The court held that the debt incurred by the debtor through larceny was nondischargeable in bankruptcy.
• McINTOSH v. L.H. Hough
  579 So. 2d 179· Fla. 5th DCA· 1991-04-11 ·cited 2×
  This case involves a complex scheme of fraudulent property conveyances stemming from a 1979 judgment against L.H. Hough. The court addressed whether subsequent purchasers without actual notice of a lis pendens can raise the unclean hands equitable defense against the original fra
• G.H. Mumm & CIE (Societe Vinicole de Champagne Successeurs of N.Y. v. Desnoes & Geddes, Ltd.
  917 F.2d 1292· Fed. Cir.· 1990-10-25 ·cited 2×
  The court affirmed the Trademark Trial and Appeal Board's dismissal of Mumm's opposition and Desnoes' counterclaim, finding no likelihood of confusion between their marks and no inequitable conduct by Mumm.
• Cal. E. Labs., Inc. v. Gould
  896 F.2d 400· 9th Cir.· 1990-02-16 ·cited 2×
  The court affirmed the district court's decisions granting a shop right to the patents and dismissing the antitrust claims, denying attorneys' fees.
• ST. Paul Guardian Ins. Co. v. Johnson
  884 F.2d 881· 5th Cir.· 1989-10-06 ·cited 2×
  The court held that the purpose for which information in a credit report was collected, not its ultimate use, determines if it is a 'consumer report' under the Fair Credit Reporting Act (FCRA). Therefore, the insurer was bound by FCRA provisions when obtaining and using the insur
• Rev. Timothy L. Lewis v. Attorney General OF the United States and Warden
  878 F.2d 714· 3d Cir.· 1989-06-28 ·cited 2×
  The court held that Lewis is entitled to good time credit earned after the district court's 1982 finding that he could not benefit from YCA treatment. However, he is not entitled to relief for the period preceding that finding.
• Sokol v. Moses
  545 So. 2d 950· Fla. 3d DCA· 1989-06-27 ·cited 2×
  Robert Sokol appeals a dismissal of his petition to revoke probate and set aside a family administration order, claiming the will admitted was a forgery he participated in presenting. The court affirms the dismissal based on multiple independent grounds, including Sokol's lack of
• E. Air Lines, Inc. v. Air Line Pilots Ass'n
  710 F. Supp. 1342· S.D. Fla.· 1989-04-11 ·cited 2×
  Eastern Air Lines sought to enjoin the Air Line Pilots Association from engaging in a sympathy strike in support of the International Association of Machinists' lawful strike, arguing the sympathy strike was a pretext for ALPA's own primary strike in violation of the Railway Labo
• Adam Smith Enters., Inc. v. Barnes
  539 So. 2d 549· Fla. 2d DCA· 1989-03-08 ·cited 2×
  Adam Smith Enterprises appealed a summary judgment foreclosing a second mortgage held by the Barnes. The court reversed, finding that the Barnes failed to conclusively establish the absence of a genuine issue of material fact regarding Adam Smith's affirmative defense of unclean
• United States v. BOB Stofer Oldsmobile-Cadillac, Inc.
  853 F.2d 1392· 7th Cir.· 1988-07-29 ·cited 2×
  The court held that the Stofers' attempt to capitalize on a mutual mistake in the sales contract, by charging rent and threatening eviction, constituted unclean hands, barring their claim for specific performance of the indemnity clause.
• E.T. Mfg. Co. v. Xomed, Inc.
  679 F. Supp. 1082· M.D. Fla.· 1987-07-01 ·cited 2×
  The court held that the patent holder's unreasonable and inexcusable delay in filing suit, which prejudiced the alleged infringer, barred recovery of damages for patent infringement under the doctrine of laches, and that the misappropriation claim was barred by the statute of lim
• Caponey v. S.D. Andrews
  490 So. 2d 231· Fla. 5th DCA· 1986-06-26 ·cited 2×
• Lloyds OF London v. Kelly
  760 F.2d 240· 11th Cir.· 1985-04-19 ·cited 2×
  The court certified questions of state law regarding insurance policy coverage and filing requirements to the Georgia Supreme Court, as there were no controlling state precedents.
• Sydney Polly v. Navarro
  457 So. 2d 1140· Fla. 4th DCA· 1984-10-23 ·cited 2×
  Appellants challenged the placement of Republican candidate Nicholas Navarro on the ballot for Broward County Sheriff, arguing he violated a six-month disaffiliation statute by switching from Democrat to Republican within six months of the general election. The court reversed the
• Int'l Diagnostic Tech., Inc. v. Miles Labs., Inc.
  746 F.2d 798· Fed. Cir.· 1984-10-15 ·cited 2×
  The court held that International's STIQ mark is likely to cause confusion with Miles' -STIX family of marks, affirming the board's decision on this issue. However, the court vacated the board's decision to cancel Miles' STIX registration based on the application being void ab in
• Feltington v. Moving Picture Mach. Operators' Union Local 306 OF I. A. T. S. E.
  636 F.2d 890· 2d Cir.· 1980-12-12 ·cited 2×
  The court held that the district court misinterpreted the amended opinion and that reinstatement was a proper remedy unless equitable grounds unrelated to the merits of the dispute existed.
• Jeri Lee Gordon v. Gordon
  368 So. 2d 1356· Fla. 4th DCA· 1979-03-28 ·cited 2×
  The court held that a substantial and material change in circumstances, specifically the wife's wilful refusal to allow court-ordered child visitation, justified the suspension of alimony payments.
• Providence State Bank v. Bohannon
  572 F.2d 617· 8th Cir.· 1978-02-14 ·cited 2×
  The court affirmed the district court's decision, finding it supported by substantial evidence and free of legal error.
• Fleet v. Fleet
  345 So. 2d 792· Fla. 4th DCA· 1977-04-15 ·cited 2×
  In this family law appeal, both spouses appealed from the trial court's dismissal of their respective modification petitions. The court reversed, holding that the trial judge erred in dismissing the petitions before allowing either party to complete their presentation of evidence
• City OF DES Plaines v. The Metro. Sanitary Dist. OF Chicago
  552 F.2d 736· 7th Cir.· 1977-03-22 ·cited 2×
  The court held that the Environmental Impact Statements (EISs) adequately complied with the National Environmental Policy Act (NEPA) and that the district court did not err in its discovery rulings.
• Masami Soranaka and Janine Soranaka v. Cook
  343 So. 2d 51· Fla. 2d DCA· 1977-02-09 ·cited 2×
  A homeowner challenged a restrictive covenant prohibiting chain link fences between the front building line and street. The trial court struck two affirmative defenses, but the appellate court held that reasonableness of the covenant states a legal defense and that equity princip
• In re Uhlenhopp v. Heinie Uhlenhopp
  508 F.2d 412· 8th Cir.· 1975-01-09 ·cited 2×
  The court held that the referee did not err in permitting the amendment of the proof of claim to correct the attached promissory note, and that the factual determinations were supported by substantial evidence.
• Class v. Norton
  507 F.2d 1058· 2d Cir.· 1974-12-20 ·cited 2×
  The court held that a district court erred in denying relief from a prospective injunction based on a changed regulation, but correctly denied relief from an injunction based on grounds not affected by subsequent regulatory changes. The processing deadline was modified, but the r