Unclean Hands Doctrine

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

• Besco USA Int'l Corp. v. Home Sav. OF Am. FSB
  675 So. 2d 687· Fla. 5th DCA· 1996-06-21 ·cited 31×
  The court held that the trial court erred in granting summary judgment because unresolved issues of fact remained regarding the alleged oral agreement to assume the mortgage.
• Wash. Capitols Basketball Club, Inc. v. Barry
  419 F.2d 472· 9th Cir.· 1969-11-28 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to maintain the status quo pending a final determination of the case.
• Brotherhood OF Locomotive Firemen AND Enginemen v. United States
  411 F.2d 312· 5th Cir.· 1969-05-02 ·cited 31×
  The court held that the criminal contempt proceedings lacked due process because the defendants were not given adequate notice and time to prepare their defense, and the prosecution was improperly handled by private counsel for the opposing parties.
• SCM Corp. v. Radio Corp. OF Am.
  407 F.2d 166· 2d Cir.· 1969-01-09 ·cited 31×
  The court held that a patentee seeking to maintain a system of non-exclusive licensing should not be forced to choose between terminating a licensee or assenting to their demands, and that RCA suffered sufficient injury to maintain its antitrust claim.
• Minn. Mining & Mfg. Co. v. Tech. Tape Corp.
  309 F.2d 55· 7th Cir.· 1962-10-17 ·cited 31×
  The court held that the patent was valid and infringed, and that the denial of the defendants' post-trial motion to suspend judgment was proper.
• United Serv. Corp. v. Vi-An Constr. Corp.
  77 So. 2d 800· Fla.· 1955-01-25 ·cited 31×
  United Service Corporation appealed a lower court decree refusing to re-establish a satisfied mortgage. The case concerns whether a mortgagee can restore a mortgage that was released through the mortgagor's fraud when an innocent purchaser relied on the executed deed and did not
• Bluegreen Vacations Unlimited, Inc. v. Timeshare Termination Team, LLC
  294 F.R.D. 668· S.D. Fla.· 2021-09-07 ·cited 30×
  The court held that an affirmative defense must allege personal injury to the defendant and that the defense of unclean hands was insufficient because it focused on harm to other parties. The court also found that the waiver portion of another defense provided fair notice, and th
• Pitts v. Richmond B. Pitts
  626 So. 2d 278· Fla. 1st DCA· 1993-11-02 ·cited 30×
  A former wife appealed two child support modification orders, challenging the trial court's failure to make increases retroactive, deny attorney's fees, and improperly reduce support. The former husband cross-appealed the first increase for exceeding guidelines without explanatio
• Gepfrich v. Gepfrich
  582 So. 2d 743· Fla. 4th DCA· 1991-07-10 ·cited 30×
  The homestead exemption under the Florida Constitution does not shield a homeowner from being required to sell his post-dissolution home to satisfy alimony and child support arrearages when the homeowner is attempting to use the exemption fraudulently to defeat his obligations to
• Robi v. Five Platters, Inc.
  838 F.2d 318· 9th Cir.· 1988-01-27 ·cited 30×
  The court held that the district court erred in reversing the New York judgment's preclusive effect by applying the California judgment's issue preclusion, and affirmed the district court's application of claim preclusion to the Robi cases.
• Napolean S. Ambromovage v. United Mine Workers OF Am.
  726 F.2d 972· 3d Cir.· 1984-01-25 ·cited 30×
  The court held that the Union's loans to the Fund were available for set-off against its liability for uncollected royalties, and that the district court had jurisdiction over the set-off claim for later loans.
• Hensel v. Aurilio
  417 So. 2d 1035· Fla. 4th DCA· 1982-07-14 ·cited 30×
  Hensel appeals a mandatory injunction requiring removal of building encroachments on an easement claimed by Aurilio. The court reverses, holding that Aurilio's easement was not legally created and that even if valid, Aurilio is barred from enforcing it through equitable doctrines
• Sitomer v. Sitomer
  397 So. 2d 373· Fla. 4th DCA· 1981-04-15 ·cited 30×
  The trial court erred by considering the husband's motion to modify the final judgment when he was in arrears and facing a contempt recommendation, and by rejecting the master's factual finding that the husband had the ability to comply with the judgment.
• Lewis v. Hyland
  554 F.2d 93· 3d Cir.· 1977-03-25 ·cited 30×
  Federal injunctive relief against state police misconduct is barred by Rizzo v. Goode when plaintiffs fail to prove a causal link between official policy and constitutional violations, and damages cannot be awarded when not contemplated by the parties throughout the litigation.
• Scott Paper Co. v. Fort Howard Paper Co.
  432 F.2d 1198· 7th Cir.· 1970-09-04 ·cited 30×
  The court affirmed the judgment of patent invalidity due to obviousness and affirmed the denial of attorney fees, finding no fraud or exceptional conduct.
• Florists' Nationwide Tel. Delivery Network-America's Phone-Order Florists, Inc. v. Florists' Tel. Delivery Ass'n
  371 F.2d 263· 7th Cir.· 1967-01-03 ·cited 30×
  The court held that the trial court committed prejudicial error by refusing to instruct the jury on the defendant's theory of defense, requiring a new trial on the damages claim. The court also found that the denial of injunctive relief was improper as it was based on findings co
• Sbicca-Del MAC, Inc. v. Milius Shoe Co.
  145 F.2d 389· 8th Cir.· 1944-11-18 ·cited 30×
  The court held that the Sbicca and Maccarone patents are valid and that the defendant's method infringes upon them.
• Hoehn v. Crews
  144 F.2d 665· 10th Cir.· 1944-07-06 ·cited 30×
  The court held that directors are not personally liable for losses from a liquidated bank's embezzlement if the loss was not a proximate result of their negligence, and that claims against deceased stockholders' estates are barred if not presented within statutory time limits.
• Universal Oil Prods. Co. v. Globe OIL & Ref. Co.
  137 F.2d 3· 7th Cir.· 1943-06-30 ·cited 30×
  The court affirmed the district court's judgment, finding that the defendant did not infringe the Dubbs patent because its process did not prevent substantial vaporization as required by the patent's claims, and also found no infringement of the Egloff patent.
• Valdez v. State
  142 Fla. 123· Fla.· 1940-02-27 ·cited 30×
  The Florida Supreme Court upheld the trial court's denial of a motion to dismiss a bill of complaint seeking to enjoin alleged lottery operations (Bolita, Cuba, and Bond) as a public nuisance, and affirmed the striking of portions of defendants' answers that claimed repeal by imp
• Wachovia Mortg. Corp. v. Posti
  166 So. 3d 944· Fla. 4th DCA· 2015-06-17 ·cited 29×
  Wachovia Mortgage Corporation appealed a bench trial judgment in a mortgage foreclosure action where the trial court ordered the defendant homeowner receive a permanent loan modification. The Fourth District Court of Appeal reversed, holding that the trial court lacked jurisdicti
• Tingley Sys., Inc. v. Healthlink, Inc.
  509 F. Supp. 2d 1209· M.D. Fla.· 2007-05-08 ·cited 29×
  The court denied defendant's motion for summary judgment and granted plaintiff's motion in part, finding disputed issues of material fact regarding breach of contract and copyright infringement claims.
• Burlington Indus., Inc. v. Milliken & Co.
  690 F.2d 380· 4th Cir.· 1982-09-23 ·cited 29×
  The court held that a party cannot profit from its own wrongdoing, and therefore, the plaintiff should not recover royalties paid to Leesona, despite the majority's disposition of other issues.
• United States Football League v. Nat'l Football League
  842 F.2d 1335· 2d Cir.· 1988-03-10 ·cited 28×
  The court affirmed the district court's judgment, holding that the jury's findings were supported by the evidence and that the USFL's claims of antitrust violations and predatory conduct by the NFL were not substantiated.
• Founding Church OF Scientology OF Wash. v. Webster
  802 F.2d 1448· D.C. Cir.· 1986-09-26 ·cited 28×
  The court held that the district court did not abuse its discretion in dismissing the case as a sanction under Fed.R.Civ.P. 37 for the founder's failure to appear for a court-ordered deposition, as he was deemed a managing agent of the organization.
• Jicarilla Apache Tribe v. Andrus
  687 F.2d 1324· 10th Cir.· 1982-08-20 ·cited 28×
  The court held that the trial court's order to pay adjusted bonus payments was not an impermissible reformation of the leases, but rather a valid award of damages to compensate for losses due to inadequate notice.
• Carter-Wallace, Inc. v. The United States
  449 F.2d 1374· Ct. Cl.· 1971-10-15 ·cited 28×
  The court should consider patent misuse when determining just compensation for a taking, but it should not necessarily forfeit the entire claim.
• Hensley Equip. Co., Inc. v. Esco Corp.
  383 F.2d 252· 5th Cir.· 1967-09-15 ·cited 28×
  The court held that Hensley infringed the '506 patent and that Esco did not misuse the patent through its dealer agreements. However, the court found that Esco's license agreement with Caterpillar contained a per se violation of antitrust laws, barring Esco from enforcing the pat
• Talon, Inc. v. Union Slide Fastener, Inc.
  266 F.2d 731· 9th Cir.· 1959-04-23 ·cited 28×
  The court held that the Silberman patent was invalid as a non-patentable aggregation and affirmed the award of attorney's fees, modified to $18,500.
• Revere Paint Co. v. Twentieth Century Chem. Co.
  150 F.2d 135· C.C.P.A.· 1945-05-25 ·cited 28×
  The court held that the appellee's mark should not be registered because the appellee did not own the mark, and the Commissioner of Patents has a duty to refuse registration of prohibited marks regardless of the parties' contentions.
• Heilman v. Suburban Coastal Corp.
  506 So. 2d 1088· Fla. 4th DCA· 1987-04-29 ·cited 27×
  Appellant Heilman challenged a foreclosure sale on the grounds that the mortgagee's agent (a non-attorney) was not permitted to bid the mortgagee's credit, claiming this violated Florida's unauthorized practice of law rules. The Fourth District Court of Appeal affirmed the trial
• Mitchell Bros. Film Grp. & Jartech, Inc. v. Cinema Adult Theater
  604 F.2d 852· 5th Cir.· 1979-10-16 ·cited 27×
  The court held that obscenity cannot be asserted as an affirmative defense to copyright infringement under the Copyright Act of 1909, as the statute is facially all-inclusive and Congress has not created such an exception.
• Atlas Chem. Indus., Inc. v. Moraine Prods.
  509 F.2d 1· 6th Cir.· 1974-12-12 ·cited 27×
  A patent is invalid if the invention was in public use more than one year prior to the application date, and a licensee challenging patent validity should not be required to pay royalties during the challenge.
• James v. DuBREUIL
  500 F.2d 155· 5th Cir.· 1974-09-12 ·cited 27×
  The court held that the district court properly applied the defenses of unclean hands and in pari delicto to bar the plaintiff's suit, affirming the dismissal.
• Watkins v. Watkins
  123 Fla. 267· Fla.· 1936-03-13 ·cited 27×
  Lillian J. Watkins sought to establish a lost deed conveying family land to her as an infant from her grandmother Sue D. Barr. The Florida Supreme Court affirmed the lower court's decision establishing the deed and rejecting defendants' late attempt to amend their answer to chara
• Goodwin v. BLU Murray Ins. Agency, Inc.
  939 So. 2d 1098· Fla. 5th DCA· 2006-09-15 ·cited 26×
  Richard Goodwin sued his former insurance agency employer for unpaid commissions after a 20-year relationship. The trial court granted summary judgment against Goodwin on several claims, but the appellate court reversed, holding that issues of contract interpretation, employment
• Browning v. Navarro
  887 F.2d 553· 5th Cir.· 1989-10-23 ·cited 26×
  The court held that res judicata bars Holloway's claim that the state court judgment was fraudulent, as it could have been raised in a prior federal action. The court also found the clean hands doctrine did not provide a basis to vacate the judgment.
• Yamamoto v. Kazuo Omiya
  564 F.2d 1319· 9th Cir.· 1977-11-28 ·cited 26×
  The district court erred in striking equitable relief and the lis pendens notice before determining liability, as equitable remedies are available for Section 14(a) violations and premature balancing of equities is improper.
• Gen. Aircraft Corp. v. Irwin S. Lampert
  556 F.2d 90· 1st Cir.· 1977-05-26 ·cited 26×
  The court held that while appellants violated Section 13(d) by failing to file a timely and accurate Schedule 13D, they should not have been enjoined from voting their legally acquired shares as no irreparable harm was shown for that specific relief.
• Airtex Corp. v. Shelley Radiant Ceiling Co.
  536 F.2d 145· 7th Cir.· 1976-04-14 ·cited 26×
  The court held that the Beck patent was invalid due to obviousness, affirming the district court's decision. It also affirmed the award of expenses to Shelley under Fed.R.Civ.P. 37 for Airtex's discovery failures.
• Simon v. Simon
  155 So. 2d 849· Fla. 3d DCA· 1963-08-27 ·cited 26×
  The court held that the trial court did not err in modifying alimony provisions, nor in its application of the clean hands doctrine or the effective date of the modification.
• Republic Molding Corp. v. B. W. Photo Utils.
  319 F.2d 347· 9th Cir.· 1963-06-19 ·cited 26×
  The court held that the doctrine of unclean hands was improperly applied to bar Republic's claims because its misconduct in falsely advertising a pending patent was not sufficiently connected to the asserted rights of unfair competition, patent infringement, or copyright infringe
• Paul E. Hawkinson Co. v. Dennis
  166 F.2d 61· 5th Cir.· 1948-02-18 ·cited 26×
  The court held that summary judgment was improperly granted for patent misuse and dismissal of the counterclaim, as genuine issues of material fact remained for trial.
• Gables Racing Ass'n, Inc. v. Persky
  116 Fla. 77· Fla.· 1934-08-02 ·cited 26×
  Gables Racing Association appeals from orders overruling its motion to dismiss a bill to foreclose a mortgage and requiring production of company books and papers. The Florida Supreme Court affirms the right of a pledgee's assignee to foreclose on collateral security pledged to t
• Chiu v. Wells Fargo Bank
  242 So. 3d 461· Fla. 3d DCA· 2018-03-28 ·cited 25×
  A trial court's failure to conduct a hearing on a summary judgment motion, as required by Florida Rule of Civil Procedure 1.510(c), constitutes fundamental error and denial of due process, requiring reversal regardless of whether the issue was preserved below.
• Burndy Corp. v. Teledyne Indus., Inc.
  748 F.2d 767· 2d Cir.· 1984-11-15 ·cited 25×
  The court affirmed the denial of damages and injunctive relief, holding that while Teledyne violated the Lanham Act, Burndy failed to prove its damages were caused by the violation and that injunctive relief was unwarranted.
• Con-Dev OF Vero Beach, Inc. v. Casano
  272 So. 2d 203· Fla. 4th DCA· 1973-01-23 ·cited 25×
  The court held that affirmative defenses of impossibility, unclean hands, absence of mutuality of remedy, and plaintiffs' breach were improperly stricken by the trial court. However, the defense concerning improper execution under F.S. 689.01 was properly stricken as immaterial.
• Matthies v. Seymour Mfg. Co.
  270 F.2d 365· 2d Cir.· 1959-09-09 ·cited 25×
  The dissenting judge would hold that a beneficiary of trusts holding corporate stock has standing to bring a shareholder derivative action, even if the trustees have not sued.
• McMichael v. McMichael
  158 Fla. 413· Fla.· 1947-01-13 ·cited 25×
  In a 1947 Florida divorce case, the husband appealed a decree granting divorce to his wife and affirming her ownership of a jointly-improved homestead property that he had transferred to her approximately five years earlier in settlement of anticipated alimony claims. The court u
• Ari Shahar and Daphna Shahar v. Green Tree Servicing LLC
  125 So. 3d 251· Fla. 4th DCA· 2013-03-06 ·cited 24×
  The Shahar homeowners appealed a summary judgment foreclosure entered by Green Tree Servicing, asserting an affirmative defense of unclean hands based on allegations that the lender fraudulently altered their loan application without their knowledge. The appellate court reversed