Unclean Hands Doctrine

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

• A.J. Stanton, JR., P.A. v. Ivey
  645 So. 2d 1050· Fla. 5th DCA· 1994-11-10
  Stanton, an attorney, sought to foreclose on a mortgage note executed by Ivey in settlement of a fee dispute. Ivey defended by claiming unclean hands based on alleged conflicts of interest, but the court reversed because the evidence did not support any breach of fiduciary duty t
• Bennett v. Bennett
  621 So. 2d 766· Fla. 3d DCA· 1993-07-27
• FOY v. Klapmeier
  992 F.2d 774· 8th Cir.· 1993-05-03
  The court held that a minority discount should not be applied when calculating the fair value of a dissenting shareholder's shares under Minnesota law, and that an officer is personally liable for damages caused by self-dealing.
• In re Green v. Green
  986 F.2d 145· 6th Cir.· 1993-02-17
  The court held that the Fayette Agreements constituted a valid release of Mrs. Green's power of appointment, creating a valid property interest for the debtor, and thus the 1986 amendment was a fraudulent conveyance.
• Propane Indus., Inc. v. United States Dep't OF Energy
  985 F.2d 586· Temp. Emer. Ct. App.· 1993-01-08
  The court held that the Department of Energy's policy, which precludes a subsidiary of a consent order firm from receiving a refund from consent order funds, was rationally applied to the facts of this case, even though the parent-subsidiary relationship did not exist during the
• First Fed. Sav. & Loan Ass'n OF S.C. v. Chrysler Credit Corp.
  981 F.2d 127· 4th Cir.· 1992-11-30
  First Federal, though not a holder in due course, can recover as a holder because CCC failed to establish a defense to payment of the dishonored checks.
• Packers Trading Co. v. Commodity Futures Trading Comm'n
  972 F.2d 144· 7th Cir.· 1992-08-07
  The court held that the Commission's award of reparations was not supported by the weight of the evidence and reversed the decision, finding that the complainant's conduct warranted application of the alter-ego theory and the unclean hands doctrine.
• Saxon v. Blann
  968 F.2d 676· 8th Cir.· 1992-07-01
  The court affirmed the district court's judgment, finding no error in its rulings on copyright infringement, forfeiture, breach of contract, fraud, and disqualification.
• Stephens, Inc. v. Geldermann, Inc.
  962 F.2d 808· 8th Cir.· 1992-04-24
  The court affirmed the district court's judgment, finding no reversible error in the admission of evidence, the award of compensatory or punitive damages, the dismissal of the RICO claim, or the granting of a set-off.
• Prentice v. Pigate
  588 So. 2d 5· Fla. 5th DCA· 1991-09-26
  The court held that the denial of the quiet title action was proper because the appellant did not hold individual title, but reversed the reformation and foreclosure because the dissolved corporation, the actual titleholder, was not joined as a party.
• Rent-A-Center, Inc. v. Canyon Television & Appliance Rental, Inc.
  944 F.2d 597· 9th Cir.· 1991-09-13
  The court held that the noncompetition covenant's geographic scope was reasonable and that the district court did not abuse its discretion in granting a preliminary injunction.
• Eldon Fairley v. United States
  901 F.2d 691· 8th Cir.· 1990-04-26
  The court held that equitable recoupment cannot serve as the sole basis for jurisdiction in a separate refund suit when the underlying claim is time-barred.
• In re Zagata Fabricators, Inc. v. Superior AIR Prods.
  893 F.2d 624· 3d Cir.· 1990-01-12
  The court held that a tenant in bankruptcy is not entitled to free use and occupancy of a landlord's property, even if the landlord breached a related contract of sale.
• Braverman v. Mirit Wiener Braverman
  549 So. 2d 750· Fla. 3d DCA· 1989-10-03
  A husband petitioned for certiorari to quash a trial court order compelling him to answer interrogatories and produce financial documents in a support action. The court granted the petition, holding that once the husband stipulated to his financial ability to pay reasonable suppo
• Bubis v. Blanton
  885 F.2d 317· 6th Cir.· 1989-09-14
  The court held that the plaintiff lacked standing to bring an antitrust claim because his alleged business interest was illegal under state law due to non-disclosure, and he had no interest in the liquor license itself.
• Sw. Prods. Co., Inc. v. United States
  882 F.2d 113· 4th Cir.· 1989-08-14
  The court held that the IRS properly redeemed the property under I.R.C. § 7425, as Southwest's attempt to withdraw its bid was ineffective and did not prevent the IRS from acquiring Southwest's equitable interest in the property.
• Etalook v. Exxon Pipeline Co.
  831 F.2d 1440· 9th Cir.· 1987-11-05
  The court held that Alyeska Pipeline Service Company properly condemned rights of way across the allotment through formal condemnation proceedings, and that the district court correctly determined damages and ownership of improvements, affirming the grant of summary judgment.
• Shell OIL Co. v. Trailer & Truck Repair Co., Inc.
  828 F.2d 205· 3d Cir.· 1987-09-10
  A right of first refusal on a portion of a property cannot be exercised when the entire property is sold for a single, unapportioned price, unless the seller intended to sell that specific portion separately.
• Gino C. Rosati & Cont'l Dev. Corp. v. Sternad
  509 So. 2d 1386· Fla. 4th DCA· 1987-07-29
  The appellate court affirmed the trial court's denial of specific performance, finding sufficient evidence to support the trial court's conclusions.
• Lloyd's OF London v. Kelly
  785 F.2d 276· 11th Cir.· 1986-03-24
  The court held that the Georgia Supreme Court's answers to certified questions require reversal of the district court's judgment.
• United States v. State OF Wash.
  761 F.2d 1419· 9th Cir.· 1985-05-29
  The court held that the State of Washington was properly held in contempt for violating a prior injunction regarding Indian treaty fishing rights and that the injunction preventing state interference with tribal fishing for allocation purposes was appropriate.
• Bell v. Streetwise Records, Ltd.
  761 F.2d 67· 1st Cir.· 1985-05-08
  The court held that the district court erred in allowing both parties to use the trade name and in concluding ownership solely based on public association without considering all circumstances.
• Siaca v. The United States
  754 F.2d 988· Fed. Cir.· 1985-02-14
  The court held that the importer's claims were barred by existing statutory remedies and the importer's own actions, affirming the dismissal for lack of jurisdiction.
• Woodward v. Woodward
  442 So. 2d 1118· Fla. 4th DCA· 1983-12-28
  A former husband seeks certiorari relief from a trial court order conditioning discovery upon payment of the former wife's attorney fees, imposed as a sanction for the husband's non-payment of rehabilitative alimony. The court granted the petition and quashed the fee condition, f
• Cain v. Cain
  436 So. 2d 367· Fla. 4th DCA· 1983-08-17
  A trial court may invoke the doctrine of 'clean hands' to deny a petition for modification of a support decree when the petitioner is in arrears on child support and alimony obligations.
• Engle v. Sarkis Acopian and Bobbye Acopian
  432 So. 2d 113· Fla. 5th DCA· 1983-04-27
  Engle appeals from a judgment enforcing a restrictive covenant against his residential subdivision lot that he used for business purposes. The court reverses, holding that the Acopians' suit is barred by statutory laches because they waited approximately nine years after discover
• Jennings Country Club Homes, Inc. v. Gen. Cap. Corp.
  419 So. 2d 1105· Fla. 3d DCA· 1982-08-10
  Jennings Country Club Homes disputes whether it must pay General Capital Corporation forty percent of profits from lot sales occurring after a two-year loan period. The court reversed summary judgment, finding the profit-sharing agreement ambiguous and requiring trial on the meri
• Metro. Dade Cnty. v. One (1) Bronze Cannon
  537 F. Supp. 923· S.D. Fla.· 1982-04-23
  The court held that it has subject matter jurisdiction over the salvage claim, that the action is a valid admiralty claim and not a disguised interpleader, and that the statute of limitations is tolled or waived. The motion to dismiss is denied.
• Peterson v. Lynn
  376 So. 2d 922· Fla. 3d DCA· 1979-11-13
  Robert Peterson appeals a judgment for the defendant W. E. Lynn in an action seeking rescission of a deposit receipt agreement for the purchase of Lynn's residence and return of a $5,000 deposit. The court affirmed the judgment, holding that Peterson was estopped from raising the
• Mayer v. Mayer
  373 So. 2d 931· Fla. 4th DCA· 1979-06-20
  A Florida appellate court reversed a trial court's modification of alimony payments, holding that a court cannot simultaneously find a husband in contempt for non-payment of alimony and then reduce his payment obligations, as this would reward his contumacious conduct and violate
• Eaton Corp. v. Int'l Ass'n OF MacHinists & Aerospace Workers
  580 F.2d 254· 7th Cir.· 1978-07-26
  The court held that the district court properly granted a preliminary injunction under the Boys Markets exception to the Norris-LaGuardia Act, as the collective bargaining agreement bound both parties to arbitrate and contained a no-strike clause violated by the Union's strike.
• McHUGH v. Conforti
  47 Fla. Supp. 15· Broward Cty. Cir. Ct.· 1977-02-09
  Lessees McHugh exercised a purchase option in a commercial lease and sought specific performance when lessors Conforti refused to deliver title and complete the sale. The court granted specific performance, finding the lessees became equitable owners upon exercising the option an
• de Castro v. de Castro
  334 So. 2d 834· Fla. 3d DCA· 1976-05-20
  Carlos De Castro appeals a dissolution of marriage judgment awarding permanent and temporary alimony to his wife Maria, arguing he should not be required to pay alimony because Maria shot and wounded him during the pending litigation. The court affirms, holding that the wife's fi
• Feed Serv. Corp. v. Kent Feeds, Inc.
  528 F.2d 756· 7th Cir.· 1976-01-05
• ESP Fid. Corp. v. Dep't OF Hous. & Urban Dev.
  512 F.2d 887· 9th Cir.· 1975-03-06
  The court held that the appellant lacked standing, the doctrine of unclean hands applied, and the district court lacked jurisdiction to grant the requested relief.
• Miami Atl. Dev. Corp. v. TAX Assessor
  41 Fla. Supp. 148· Dade Cty. Cir. Ct.· 1974-09-06
  Miami Atlantic Development Corporation challenged the tax assessor's decision to separately assess individual condominium units rather than the entire structure as one unit for the Crystal House Condominium. The court held that the property was properly converted to condominium s
• Cape Cave Corp. v. Skinner
  42 Fla. Supp. 12· Charlotte Cty. Cir. Ct.· 1974-07-19
  Cape Cave Corporation sought to foreclose a purchase money mortgage against Skinner, who counterclaimed for specific performance of a partial release clause. The court held that while Cape Cave was entitled to foreclose due to Skinner's failure to make mortgage payments, Skinner
• In re Hunt v. Hunt
  496 F.2d 882· 5th Cir.· 1974-06-27
  The court affirmed the dismissal of the involuntary bankruptcy petition, finding that the district court did not err in its findings regarding the settlement agreement, the status of petitioning creditors, or the dismissal without notice to all creditors.
• Duffey v. Forty-Eight Fifteen, Inc.
  288 So. 2d 220· Fla.· 1974-01-04
  The Florida Supreme Court transferred a foreclosure appeal to the District Court of Appeal, Third District, finding that the court lacked jurisdiction to hear the matter in the first instance. The Court addressed the proper procedure for reviewing the trial court's denial of a re
• Varvel v. Varvel
  35 Fla. Supp. 87· Lake Cty. Cir. Ct.· 1971-04-01
  In this domestic relations case, a Florida circuit court awarded attorney's fees and expenses to the wife's counsel in a child custody enforcement action. The court upheld the wife's right to recover fees for enforcing the original divorce judgment and established factors for det
• Dixson v. Caretha G. Dennard
  243 So. 2d 472· Fla. 1st DCA· 1971-02-02
  A guardian of minor heirs challenged the validity of their grandfather's marriage to Caretha Dixson on grounds that her prior divorce from another husband was void due to defective service of process. The court affirmed summary judgment dismissing the complaint, holding that the
• Stalnaker Dev. Co., Inc. v. Guentert
  210 So. 2d 281· Fla. 2d DCA· 1968-05-08
  In this mortgage foreclosure appeal, the Florida District Court of Appeal affirmed the trial court's judgment for the plaintiffs who loaned $50,000 to a development company and individual defendants to pay equipment debts, secured by mortgages on equipment and real property. The
• Griffin v. Bd. of Pub. Instruction of Escambia Cnty.
  30 Fla. Supp. 28· Escambia Cty. Cir. Ct.· 1968-03-13
  Principals and supervisors of Escambia County schools sought equitable relief to void a board resolution terminating their employment contracts after they participated in a mass strike/walkout. The trial court dismissed the suit, holding that the plaintiffs lacked clean hands, fa
• Hurst v. Hurst
  28 Fla. Supp. 46· Lake Cty. Cir. Ct.· 1967-04-18
  In this 1967 divorce case, the Lake County Circuit Court granted a divorce to the wife despite the husband's defense of recrimination (claiming the wife was also at fault). The court held that recrimination is a qualified defense, not absolute, and that modern Florida law favors
• NOM Music, Inc. v. Kaslin
  343 F.2d 198· 2d Cir.· 1965-04-02
  The court held that a copyright notice on a published derivative work need only identify the date and owner of the copyright in the derivative work, not the original work.
• Robinson's, Inc. v. Short
  146 So. 2d 108· Fla. 1st DCA· 1962-11-01
  A taxpayer challenged a printing contract awarded to Robinson's for tax notices, alleging defective specifications that prevented competitive bidding. The court affirmed the contract was void due to vague specifications but allowed Robinson's to recover actual costs via quantum m
• O'Steen v. Kerlin
  19 Fla. Supp. 144· Duval Cty. Cir. Ct.· 1962-03-15
  Plaintiff claims she is the widow of L.E. O'Steen and seeks to impose a trust on property he conveyed to his daughters 71 days before they married, alleging the conveyance was fraudulent and made to defeat her marital rights. The court denies her claim, finding insufficient evide
• Ideal TOY Corp. v. J-Cey Doll Co., Inc.
  290 F.2d 710· 2d Cir.· 1961-05-15
  The court held that a prior publication of a doll's body without notice does not preclude copyright protection for the entire doll when notice is properly placed on the final product.
• State Bd. of Funeral Directors & Embalmers for Fla. v. Van Orsdel
  17 Fla. Supp. 76· Dade Cty. Cir. Ct.· 1960-11-04
  The State Board of Funeral Directors and Embalmers sought to enjoin Van Orsdel Mortuaries from advertising in violation of Rule 712, which restricted funeral home advertising to three column inches with limited content. The trial court dismissed the complaint, holding that the Bo
• Younan v. Younan
  16 Fla. Supp. 38· Duval Cty. Cir. Ct.· 1960-04-28
  In this 1960 Florida divorce case, the court denied the wife's motions to amend her complaint and voluntarily dismiss her divorce suit after learning the court would award a lump sum of all marital property instead of permanent alimony. The court held that a plaintiff cannot take