Unclean Hands Doctrine

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

• Angus J. De Pinto v. Hjalmar B. Landoe
  475 F.2d 1123· 9th Cir.· 1973-02-12 ·cited 2×
  Settlement agreements with Provident, including covenants not to sue, do not preclude De Pinto from seeking recovery from Landoe and Sabo on a subrogation theory.
• Tropic-Air Dev. Co. v. Rosen
  248 So. 2d 537· Fla. 3d DCA· 1971-05-25 ·cited 2×
  A real estate seller appeals a judgment granting specific performance of a contract to sell a furnished apartment building. The court affirmed, rejecting the seller's arguments that the contract was ambiguous regarding assets, that the buyer came to equity with unclean hands, and
• Robinson v. Am. Broad. Cos., Inc.
  441 F.2d 1396· 6th Cir.· 1971-04-30 ·cited 2×
  The court held that an injunction prohibiting the broadcast of anti-smoke commercials would constitute an impermissible prior restraint under the First Amendment.
• The Spee-Flo Mfg. Corp. v. Braniff Airways
  430 F.2d 74· 5th Cir.· 1970-07-23 ·cited 2×
  The court held that both patents were valid and infringed, except for one specific nozzle which did not infringe. The court affirmed the district court's findings on validity and infringement for the main claims.
• Duffy-Mott Co., Inc. v. Cumberland Packing Co.
  424 F.2d 1095· C.C.P.A.· 1970-04-30 ·cited 2×
  The court held that the opposer's predecessor's filing of a false affidavit under Section 15 precludes reliance on the registration, and applicant's use of the mark on sugar substitute is superior to opposer's use.
• Faucher v. Lopez
  411 F.2d 992· 9th Cir.· 1969-05-13 ·cited 2×
  The court held that the appointment of a Special Master for non-jury issues was proper, the Special Master's findings were supported by evidence, and the trial court did not err in directing a verdict for the petitioning creditors on the issue of insolvency.
• Magnolia Springs Apts., Inc. v. United States
  323 F.2d 726· 5th Cir.· 1963-10-25 ·cited 2×
  The court held that the foreclosure sale price was not so inadequate as to shock the conscience, and the district court did not abuse its discretion in confirming the sale.
• Crowl v. McDUFFIE
  134 So. 2d 542· Fla. 1st DCA· 1961-11-14 ·cited 2×
  Homeowners in a subdivision sought a mandatory injunction to require removal of a detached garage built in violation of restrictive covenants limiting garages to the rear one-third of lots. The court affirmed the dismissal of the complaint but rejected the lower court's reasoning
• Eglin Manor, Inc. v. United States
  279 F.2d 268· Ct. Cl.· 1960-06-08 ·cited 2×
  The court held that the plaintiff has no legal, equitable, or moral claim against the United States because the contract was illegal due to the use of contingent fees to secure government business, and the plaintiff did not have clean hands.
• Murphy v. Love
  249 F.2d 783· 10th Cir.· 1957-10-29 ·cited 2×
  Kansas cannot seize liquor shipments to a military reservation for non-compliance with state tax stamp requirements when the state lacks statutory authority to collect such taxes on the reservation and the seizure unduly burdens interstate commerce.
• Institutional Drug Distribs., Inc. v. Hon. Leon Yankwich
  249 F.2d 566· 9th Cir.· 1957-06-20 ·cited 2×
  The writ of mandamus should be granted to preserve a party's right to a jury trial on a counterclaim.
• Ward v. Union Bond & Tr. Co.
  243 F.2d 476· 9th Cir.· 1957-04-17 ·cited 2×
  The court held that a court of equity has the inherent power to allow a defaulting vendee a reasonable opportunity to cure defaults and complete a contract, even if the default is wilful, to prevent forfeiture and protect the equities of both parties.
• Capitol Chevrolet Co. v. Lawrence Warehouse Co.
  227 F.2d 169· 9th Cir.· 1955-11-01 ·cited 2×
  A party guilty of a tort cannot recover contribution or indemnity from a joint tortfeasor.
• MAS v. Coca Cola Co.
  198 F.2d 380· 4th Cir.· 1952-07-26 ·cited 2×
  The court held that a plaintiff barred by the clean hands doctrine and res judicata from pursuing a patent claim in equity cannot relitigate the same issues in a subsequent damages action.
• Frad v. Columbian Nat'l Life Ins. Co.
  191 F.2d 22· 2d Cir.· 1951-08-20 ·cited 2×
  The court held that the insured's fraud in obtaining premium waivers and disability payments barred him from equitable relief, and the insurer was justified in settling with the bank and surrendering the policies.
• Browning King Co. of N.Y., Inc. v. Browning King Co., Inc.
  176 F.2d 105· 3d Cir.· 1949-07-12 ·cited 2×
  The court held that while defendants' use of the trade name "Browning King" alone was permissible, their deceptive advertising practices constituted unfair competition and were properly enjoined.
• Hoffstot v. Dickinson
  166 F.2d 36· 4th Cir.· 1948-02-19 ·cited 2×
  The court held that no binding contract was established because the parties never reached a meeting of the minds on essential terms, specifically regarding the surface lands to be conveyed and the rights to be retained.
• Ritchie v. Drier
  165 F.2d 238· D.C. Cir.· 1947-12-08 ·cited 2×
  The court held that the appellant, claiming through an attorney who procured 'favor legislation,' had no valid claim to the deposited fund independently of a subsequent agreement, and that the appellee did not possess 'unclean hands'.
• Bulldog Elec. Prods. Co. v. Westinghouse Elec. Corp.
  162 F.2d 994· 2d Cir.· 1947-07-29 ·cited 2×
  The court held that the patent in suit is invalid because the claimed invention was obvious in light of prior art and that the defendant's device did not infringe.
• Pangborn Corp. v. Am. Foundry Equip. Co.
  159 F.2d 88· 3d Cir.· 1946-08-12 ·cited 2×
  The court held that the concealment of material facts regarding a new patent application during the pendency of a preliminary injunction motion constituted civil contempt.
• Standard Register Co. v. Am. Sales Book Co., Inc.
  148 F.2d 612· 2d Cir.· 1945-04-06 ·cited 2×
  A patentee misuses its patents when it uses them to restrain competition in the sale of unpatented articles, and such misuse warrants dismissal of an infringement suit.
• Martin v. Sheely
  144 F.2d 754· 9th Cir.· 1944-09-20 ·cited 2×
  The court held that the sale of diseased cattle, known to the vendors and illegal under Alaska law, rendered the entire contract for the sale of the dairy business illegal, justifying rescission and return of purchase price.
• Findley v. Odland
  127 F.2d 948· 6th Cir.· 1942-05-14 ·cited 2×
  The court held that the receiver was not entitled to equitable relief to avoid tax consequences due to the banks' prior actions and failure to perform statutory duties. The court reversed the lower court's decree and dismissed the petition.
• Johnson v. Emil Metzinger
  107 Fla. 163· Fla.· 1932-10-27 ·cited 2×
  The Florida Supreme Court denied a motion to dismiss in a foreclosure case brought by Grace Phillips Johnson against Emil Metzinger. The court held that most of the grounds for dismissal raised substantive questions that could not be resolved on a motion to dismiss and must await
• Abner D. Johnston and Stephen C. DeBruhl v. Eichelberger
  13 Fla. 230· Fla.· 1869-01-01 ·cited 2×
  A partnership did not exist between Johnston and Eichelberger because the written agreement of March 2, 1867, created only an executory contract requiring payment in cash as a condition precedent to the transfer of property and formation of a partnership, and Eichelberger never m
• Pacin v. Granja
  Fla. 3d DCA· 2024-09-18 ·cited 1×
  Emmanuel Pacin appealed a trial court order dismissing his amended supplemental petition to modify parental responsibility, timesharing, and child support. The appellate court dismissed the appeal for lack of jurisdiction, finding the trial court's order was non-final because it
• Perry v. Turner
  365 So. 3d 1222· Fla. 2d DCA· 2023-06-30 ·cited 1×
  The appellate court affirmed a trial court's decision to deny a man's counterclaim for equitable relief. The court held that the man could not recover assets he transferred to his former partner because he did so to evade creditors, specifically his ex-wife for child support, thu
• Echo River Sanctuary, LLC v. 21st Mortg. Corp.
  348 So. 3d 1191· Fla. 1st DCA· 2022-09-14 ·cited 1×
  The appellate court reversed a trial court's decision granting 21st Mortgage Corporation the right to possess a mobile home. The court held that 21st Mortgage's lien on the mobile home was void because it was perfected in violation of the bankruptcy automatic stay, rendering it u
• Fortini v. de Palma
  Fla. 5th DCA· 2020-12-17 ·cited 1×
  In this ancillary proceeding to a dissolution of marriage, the trial court appointed a receiver to manage and liquidate a marital business, Optimum Spring Manufacturing, Inc., after both parties engaged in serious misconduct including asset dissipation and theft. The appellate co
• Vernal Robinson v. In re Est. of John E. Robinson
  298 So. 3d 1202· Fla. 3d DCA· 2020-02-12 ·cited 1×
  The appellate court reversed a probate court's decision to allow a paternity determination via DNA testing, finding the claim was time-barred by the statute of limitations. The court held that a 2009 amendment to the statute, which removed the limitations period for paternity in
• White v. Wells Fargo Bank, N.A.
  273 So. 3d 1021· Fla. 4th DCA· 2019-06-05 ·cited 1×
  Pat W. White and Barbara Turkell-White appeal a foreclosure judgment entered by Wells Fargo Bank, N.A. The appellants argued the Bank lacked standing and failed to join an indispensable party (an allegedly existing trust). The court dismissed the appeal as to the deceased Turkell
• D'Agostino v. Ccp Ponce
  274 So. 3d 1141· Fla. 3d DCA· 2019-05-01 ·cited 1×
  In this foreclosure deficiency judgment appeal, the mortgagor Ponce Trust and two guarantors of a $50 million construction loan challenge a deficiency judgment entered by the trial court. The court affirms the judgment against Ponce Trust but reverses and remands the judgment aga
• McMichael v. Deutsche Bank Nat'l Tr.
  241 So. 3d 179· Fla. 4th DCA· 2018-03-14 ·cited 1×
  The unclean hands defense failed because the borrower did not read the loan documents before signing them, any resulting injury was self-inflicted, and the trial court found that she stopped making payments due to financial inability rather than reliance on the lender's alleged m
• The Leila Corp. OF ST. Pete v. Fareed Ossi
  230 So. 3d 488· Fla. 2d DCA· 2017-07-21 ·cited 1×
  The Leila Corporation and the Agias appealed a final judgment awarding damages to Ossi and related entities for lost profits, unpaid services, and construction costs. The appellate court dismissed most of the appeal for untimely filing but addressed the propriety of prejudgment i
• Wilkerson v. Wilkerson
  220 So. 3d 480· Fla. 5th DCA· 2017-04-21 ·cited 1×
  Father appeals a final dissolution judgment that awarded Mother sole parental responsibility and ordered him to pay child support despite his incarceration for federal crimes. The Fifth District Court of Appeal holds that trial courts do not abuse their discretion in imputing inc
• Davis v. Ivey
  984 So. 2d 571· Fla. 5th DCA· 2008-05-23 ·cited 1×
  Buyers sought specific performance of a real estate contract after the seller refused to close. The court held that the contract's clear language entitled buyers to a fifteen-day period to examine the title commitment after receipt, and the seller's delivery of the commitment one
• Manfred W. Buttner v. Talbot
  784 So. 2d 538· Fla. 4th DCA· 2001-05-09 ·cited 1×
  A seller of an apartment complex appeals a trial court's grant of specific performance to the buyer-trustee after the seller refused to close on the sale. The court affirmed, finding the buyer waived title defects, adequate consideration existed, and the seller lacked clean hands
• Shell Oil Co. v. A.Z. Servs., Inc.
  990 F. Supp. 1406· S.D. Fla.· 1997-02-13 ·cited 1×
  The court affirmed the magistrate judge's recommendation to grant Shell's motion for a preliminary injunction, finding that Shell was likely to succeed on the merits and would suffer irreparable harm.
• TLZ Props. v. Kilburn-Young Asset Mgmt. Corp.
  937 F. Supp. 1573· M.D. Fla.· 1996-09-30 ·cited 1×
  The court held that no valid oral agreement for a deed in lieu of foreclosure existed, and even if one did, it was unenforceable under the Statute of Frauds because it was executory and not fully performed. Summary judgment was granted for the defendant on the plaintiff's claims
• CNA Fin. Corp. v. Brown
  922 F. Supp. 567· M.D. Fla.· 1996-04-05 ·cited 1×
  The court held that the plaintiff failed to prove service mark infringement, trade name infringement, or unfair competition because the defendant's company was inactive and did not offer services, and the plaintiff engaged in naked licensing of its marks.
• Barry v. Hialeah Miami Springs Med. Fund
  184 B.R. 611· S.D. Fla.· 1995-07-24 ·cited 1×
  The court affirmed the bankruptcy court's grant of summary judgment, holding that the debtor was unjustly enriched by retaining post-petition distributions that were property of the bankruptcy estate.
• Lexington Ins. Co. v. Royal Ins. Co. of Am.
  886 F. Supp. 837· N.D. Fla.· 1995-02-24 ·cited 1×
  The court denied the motion for summary judgment, finding genuine issues of material fact, but abated the proceedings pending the resolution of the underlying appeal.
• United States v. San Pedro
  781 F. Supp. 761· S.D. Fla.· 1991-12-27 ·cited 1×
  The court held that the defendant's motion to dismiss the indictment should be granted because the government breached the plea agreement by prosecuting him after he cooperated and provided truthful testimony.
• Arwood v. Deborah I. Sloan (Eaton)
  560 So. 2d 1251· Fla. 3d DCA· 1990-04-10 ·cited 1×
  Frank Arwood appeals a summary judgment denying his request for a constructive or resulting trust over real property and bank accounts held in the name of his deceased unmarried cohabitant. The court affirmed, finding the transfers were gifts rather than property held in trust fo
• Hadley v. EF Hutton & Co., Inc.
  707 F. Supp. 509· M.D. Fla.· 1989-03-13 ·cited 1×
  The court denied summary judgment on most issues, finding material facts in dispute, but granted summary judgment for the plaintiff on the statute of limitations defense as to negligence and conversion claims.
• Fed. Sav. & Loan Ins. Corp. v. Angell
  842 F.2d 239· 9th Cir.· 1988-03-29 ·cited 1×
  The court held that the issues raised by the appellees were already decided by the court's prior opinion and denied their motion to modify.
• Fromberg v. Springtree I, Ltd.
  408 So. 2d 1070· Fla. 3d DCA· 1982-01-12 ·cited 1×
  Fromberg sought specific performance of a contract to purchase three parcels of real estate from the Springtree partnerships for $3.9 million. The court affirmed dismissal, holding that no binding contract existed because the parties never agreed on the terms of an essential prov
• Crouch v. Williams
  179 So. 2d 117· Fla. 1st DCA· 1965-10-19 ·cited 1×
  The Crouches purchased a home under a contract for deed and sought rescission based on alleged misrepresentations by the vendors regarding water quality, lot boundaries, and encumbrances. The trial court denied rescission but granted the vendors' counterclaim for specific perform
• Applefield v. Commercial Standard Ins. Co.
  176 So. 2d 366· Fla. 2d DCA· 1965-05-28 ·cited 1×
  Applefield purchased mortgage assignments secured by title insurance binders from Commercial Standard Insurance Company, but discovered prior liens that were superior to his mortgages. When he demanded that the insurer issue permanent policies and remove the encumbrances, it refu
• Harry Faber et ux. v. Max M. Landman et ux.
  123 So. 2d 405· Fla. 2d DCA· 1960-06-22 ·cited 1×
  A court of equity will not grant specific performance to a party who engaged in misconduct related to the subject matter of the litigation, even if the misconduct did not directly harm the opposing party.