Unclean Hands Doctrine

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

• Goodman v. Aldrich & Ramsey Enters., Inc.
  804 So. 2d 544· Fla. 2d DCA· 2002-01-16 ·cited 19×
  Sam and Katherine Goodman appeal a partial summary judgment holding them personally liable for a debt owed by their corporation, Prestige Custom Home Builders, based on collateral estoppel from a prior foreclosure action. The court reverses, finding that the five essential elemen
• Susan v. Hoffman
  541 So. 2d 145· Fla. 3d DCA· 1989-04-04 ·cited 19×
  A mother who concealed her child's whereabouts for five years and delayed seeking child support arrearages is not entitled to recover unpaid support under URESA. The Florida appellate court affirms the trial court's application of equitable defenses (laches and estoppel) to bar r
• Holmberg v. Morrisette
  800 F.2d 205· 8th Cir.· 1986-09-03 ·cited 19×
  The court held that the defendants' actions did not constitute a pattern of racketeering activity under RICO, but affirmed the findings of liability for common-law fraud and conversion. Attorneys' fees were reversed.
• Pollock v. T & M Invs., Inc.
  420 So. 2d 99· Fla. 3d DCA· 1982-06-22 ·cited 19×
  This consolidated appeal addresses whether a trial court properly modified a final judgment requiring T & M Investments to pay monthly rental payments to Dr. Pollock after T & M claimed performance had become impossible due to inability to acquire surrounding properties for a pro
• In re Constructors OF Fla., Inc. v. The Coral Gables First Nat'l Bank & John Nicholas
  349 F.2d 595· 5th Cir.· 1965-06-30 ·cited 19×
  The court held that the state court's determination of its own jurisdiction and the unenforceability of the mortgages was conclusive on the parties due to res judicata, and that the Banks were bound by the confirmed reorganization plan.
• Hall v. Wright
  240 F.2d 787· 9th Cir.· 1957-01-16 ·cited 19×
  The court held that the trial court did not err in finding all patents invalid and in denying relief to all parties due to unclean hands, affirming the dismissal of the action.
• Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.
  336 F. Supp. 2d 1239· S.D. Fla.· 2004-07-26 ·cited 18×
  The court denied motions to amend, granted summary judgment for DuPont on fraud claims, denied summary judgment for DuPont on breach of settlement claims, and granted motions to dismiss, closing the cases.
• Byron v. Clay
  867 F.2d 1049· 7th Cir.· 1989-02-14 ·cited 18×
  The First Amendment does not protect a 'ghost employee' from being fired for political reasons, especially when reinstatement would violate state criminal law and mock the amendment's purpose.
• Reed A. Bryan, III v. Century Nat'l Bank
  498 So. 2d 868· Fla.· 1986-11-13 ·cited 18×
  The Florida Supreme Court held that a deed executed by a mentally competent voluntary ward requires court approval when the property has been placed under the guardian's control, but found sufficient approval was obtained through the civil division's judgment in a quiet title act
• Interfirst Bank Abilene, N.A. v. Fed. Deposit Ins. Corp.
  777 F.2d 1092· 5th Cir.· 1985-12-11 ·cited 18×
  The court held that Interfirst Bank was entitled to set off the balance in Ranchlander's correspondent account against Ranchlander's debt to Interfirst, as the claim was provable and mutuality existed. The court also held that Interfirst was not entitled to attorneys' fees from t
• Newman v. Newman
  459 So. 2d 1129· Fla. 3d DCA· 1984-11-20 ·cited 18×
  A former custodial parent appeals the trial court's denial of her petition to enforce child support arrearages that accrued before the child reached age eighteen. The court holds that a former custodial parent has standing to enforce accrued child support arrearages even after th
• Wilderness Country Club P'ship, Ltd. v. Groves
  458 So. 2d 769· Fla. 2d DCA· 1984-03-02 ·cited 18×
  The court held that the rent escalation clause was unenforceable under Florida Statutes and that the entire sublease should be rescinded because the clause was not severable from the rest of the agreement.
• Pennington v. Pennington
  390 So. 2d 809· Fla. 5th DCA· 1980-12-03 ·cited 18×
  Barry Pennington appealed an order denying his motion for contempt and enforcement of a dissolution judgment requiring his wife Betty Jean to convey her interest in the marital home once she vacated. The appellate court reversed, holding that the trial court improperly denied rel
• Memorex Corp. v. Int'l Bus. Machs. Corp.
  555 F.2d 1379· 9th Cir.· 1977-06-20 ·cited 18×
  The court held that a plaintiff's illegality directed against the defendant is not a defense to an antitrust action, as it does not negate antitrust injury and the defendant has other remedies like a counterclaim.
• Erich F. Meitzner and James A. Oline v. Mindick
  549 F.2d 775· C.C.P.A.· 1977-02-24 ·cited 18×
  The court held that Meitzner is estopped from contesting priority of the subject matter due to their failure to raise the issue in a prior interference proceeding.
• In re Yarn Processing Patent Validity Litig. Sauquoit Fibers Co. v. Leesona Corp.
  541 F.2d 1127· 5th Cir.· 1976-11-05 ·cited 18×
  The court held that the manufacturing license agreements violated Sections 1 and 2 of the Sherman Act, constituting patent misuse and rendering the patents unenforceable. However, certain customer restrictions were not an illegal extension of the patent monopoly, and the profit-s
• Salomon v. Crown Life Ins. Co.
  536 F.2d 1233· 8th Cir.· 1976-06-23 ·cited 18×
  The court held that the plaintiff failed to establish a claim of tortious interference with contractual or business relations under Missouri law, and that Crown's actions were justifiable efforts to protect its economic interests.
• Morgen-Oswood & Assocs. v. Cont'l Mortg. Invs.
  323 So. 2d 684· Fla. 4th DCA· 1975-12-05 ·cited 18×
  A general contractor sought an equitable lien on undisbursed construction loan funds after the owner breached a construction loan agreement and the lender refused to disburse the final payment due. The court held that the contractor was entitled to an equitable lien on the specif
• K-91, Inc. v. Gershwin Publ'g Corp.
  372 F.2d 1· 9th Cir.· 1967-01-13 ·cited 18×
  The court held that the radio station operator's admitted copyright infringement was not excused by claims of copyright misuse under federal or Washington state antitrust laws, as ASCAP's activities complied with a prior consent decree and Washington law allowed for lawful licens
• Canadian Ingersoll-Rand Co., Ltd. v. Peterson Prods. OF SAN Mateo, Inc.
  350 F.2d 18· 9th Cir.· 1965-06-29 ·cited 18×
  The court held that the main patent is invalid due to obviousness and that claim 11 of the improvement patent is also invalid, but reversed the invalidity finding for other claims of the improvement patent.
• Dysart v. The United States
  340 F.2d 624· Ct. Cl.· 1965-01-22 ·cited 18×
  In a suit for refund where the government asserts a setoff for the same tax and year, the government's right to assert the setoff is unconditional and not subject to equitable considerations.
• Hohweiler v. Hohweiler
  167 So. 2d 73· Fla. 2d DCA· 1964-09-04 ·cited 18×
  The appellate court affirmed the divorce decree but reversed the denial of alimony and expenses, remanding the case for further proceedings on those matters.
• Brown v. Home Credit Co., Inc.
  137 So. 2d 887· Fla. 2d DCA· 1962-02-09 ·cited 18×
  In this 1962 Florida appellate decision, the court upheld the trial court's finding that Home Credit Company's mortgage and promissory notes were permeated with usury, but reversed the trial court's penalty determination. The court held that Home Credit participated in a scheme w
• United States v. Bowcut
  287 F.2d 654· 9th Cir.· 1961-01-17 ·cited 18×
  Equitable recoupment is permissible even if the taxpayer was responsible for the situation giving rise to the overpayment, provided the taxpayer's hands are clean regarding the specific transaction and the government's rights are not impaired.
• Seismograph Serv. Corp. v. Offshore Raydist, Inc.
  263 F.2d 5· 5th Cir.· 1958-10-17 ·cited 18×
  The court denied the petition for rehearing, affirming its prior decision regarding business ethics and awarding attorneys' fees.
• Comptone Co., Ltd. v. Rayex Corp.
  251 F.2d 487· 2d Cir.· 1958-01-09 ·cited 18×
  The court held that the contempt finding was not appealable as it was not a final decision and no penalty had been imposed, but affirmed the preliminary injunction.
• Selinsky v. Selinsky
  62 So. 2d 24· Fla.· 1952-12-19 ·cited 18×
  In a proceeding to modify a divorce decree, the appellate court reviewed a former wife's request for increased alimony and a former husband's counterclaim to eliminate alimony, considering the wife's post-divorce conduct.
• Door v. Donaldson
  195 F.2d 764· D.C. Cir.· 1952-01-31 ·cited 18×
• Consumers Petroleum Co. v. Consumers Co. of Ill.
  169 F.2d 153· 7th Cir.· 1948-07-16 ·cited 18×
  The court held that confusion arising solely from the use of a descriptive word in the public domain, without any element of wrongdoing, fraud, or palming off by the defendant, does not constitute unfair competition or a basis for equitable relief.
• Bell v. Smith
  159 Fla. 817· Fla.· 1947-12-12 ·cited 18×
  A Florida Supreme Court decision establishing that a constructive trust arises when one party acquires property by fraudulently misrepresenting ownership or agency status to a third party holder of tax certificates, thereby preventing the true owner from exercising preferential r
• Robbins v. Blanc
  105 Fla. 625· Fla.· 1932-06-04 ·cited 18×
  This case addresses whether a borrower seeking to redeem a usurious mortgage must offer to repay the full principal amount received, plus interest, or only the legally recoverable amount after forfeiture due to usury. The court held that an offer to pay what is justly due, as det
• Whitney v. Citibank, N.A.
  782 F.2d 1106· 2d Cir.· 1986-01-23 ·cited 17×
  Citibank knowingly induced and participated in a breach of fiduciary duty by URO partners, making it liable for damages.
• Am. Bell Inc. v. Fed'n of Tel. Workers of Pa.
  736 F.2d 879· 3d Cir.· 1984-06-06 ·cited 17×
  The court held that equity requires treating AT&T and its subsidiaries as a single enterprise in the context of a court-ordered divestiture, thus binding a successor subsidiary to a collective bargaining agreement.
• Carpet Seaming Tape Licensing Corp. v. Best Seam Inc.
  616 F.2d 1133· 9th Cir.· 1980-04-09 ·cited 17×
  The court held that the trial court erred in its application of standards for fraud, patent misuse, and antitrust violations, requiring reversal and remand.
• The Am. Securit Co. v. Hamilton Glass Co., Inc.
  254 F.2d 889· 7th Cir.· 1958-04-24 ·cited 17×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the evidence presented was conflicting and inadmissible.
• Strey v. Devine's, Inc.
  217 F.2d 187· 7th Cir.· 1954-11-05 ·cited 17×
  The court held that plaintiff's misrepresentations and misbranding of his product were sufficient grounds for the trial court to deny him relief in his trademark infringement and unfair competition action.
• Tenny v. The Hilton Corp.
  140 Fla. 521· Fla.· 1939-11-21 ·cited 17×
  The Florida Supreme Court affirmed the dismissal of a bill of complaint brought by F. M. Tenny, who sought to recover property and stock he had transferred to a corporation controlled by his wife for the admitted purpose of protecting assets from creditors. The court held that a
• Universal Enter. Grp., L.P.
  2013 WL 3353743· Del. Ch.· 2014-04-29 ·cited 16×
  The court held that the doctrine of recoupment permitted the defendants to reduce the plaintiffs' recovery by the amounts due on the notes, effectively reducing the plaintiffs' judgment to zero. The court further held that the equitable defense of unclean hands did not bar recoup
• Turner Greenberg Assocs., Inc. v. C & C Imports, Inc.
  320 F. Supp. 2d 1317· S.D. Fla.· 2004-03-29 ·cited 16×
  The court held that the defendant's actions constituted unfair competition and trademark infringement, and that the plaintiffs' claims for commissions were barred by their own breaches.
• McCOLLEM v. Chidnese
  832 So. 2d 194· Fla. 4th DCA· 2002-11-27 ·cited 16×
  In a foreclosure deficiency judgment case, the appellate court reversed the trial court's reduction of the deficiency judgment based on unclean hands. The court held that the seller's arguably inappropriate allocation of purchase price between real and personal property to reduce
• Ocean View Towers, Inc. v. First Fid. Sav. & Loan Ass'n
  521 So. 2d 325· Fla. 4th DCA· 1988-03-09 ·cited 16×
  Ocean View Towers appealed a foreclosure judgment on a $3.6 million mortgage loan from First Fidelity Savings and Loan Association. Ocean View claimed an oral agreement with a Fidelity officer for an interest reserve modification and alleged Fidelity engaged in unclean hands by a
• In re Niland v. Darwin Deason
  825 F.2d 801· 5th Cir.· 1987-08-12 ·cited 16×
• Waskin v. Waskin
  484 So. 2d 1277· Fla. 3d DCA· 1986-02-18 ·cited 16×
  The court held that the clean hands doctrine barred the reduction of alimony and child support obligations when the husband's financial decline was caused by his voluntary act of soliciting his ex-wife's murder.
• Digit. Equip. Corp. v. Diamond
  653 F.2d 701· 1st Cir.· 1981-06-12 ·cited 16×
  The PTO has the statutory authority to strike a patent reissue application based on fraud under Rule 56, even if the underlying statute for reissue (§ 251) uses a narrower 'deceptive intention' standard, because the duty of candor is an independent equitable principle.
• Mullins v. Kaiser Steel Corp.
  642 F.2d 1302· D.C. Cir.· 1980-09-17 ·cited 16×
  The court held that Kaiser could not interpose defenses of antitrust illegality or NLRA § 8(e) illegality to avoid paying contributions due under the collective bargaining agreement.
• Modern Controls, Inc. v. Andreadakis
  578 F.2d 1264· 8th Cir.· 1978-06-20 ·cited 16×
  The court held that the district court erred in denying a preliminary injunction because the covenant not to compete was likely enforceable, supported by independent consideration and the potential for irreparable harm.
• Jacksonville Mar. Ass'n, Inc. v. Int'l Longshoremen's Ass'n
  571 F.2d 319· 5th Cir.· 1978-04-17 ·cited 16×
  The employer must allege and prove willingness to arbitrate and resort to contractual arbitration machinery as a prerequisite to a Boys Markets injunction.
• United States v. Newport News Shipbuilding & DRY Dock Co.
  571 F.2d 1283· 4th Cir.· 1978-02-27 ·cited 16×
  The court held that the parties' negotiators did not reach a binding oral settlement because the agreement was conditioned on higher approval and the Attorney General, whose approval was essential, rejected the terms. The court also found that the government did not negotiate in
• Cont'l Cas. Co. & Saul J. Morgan Enters., Inc. v. Associated Plastics, Inc.
  347 So. 2d 822· Fla. 3d DCA· 1977-07-06 ·cited 16×
  Associated Plastics supplied paint to a subcontractor on a condominium project and filed a mechanic's lien against the property owner, Saul J. Morgan Enterprises. The trial court entered judgment for Associated, but the appellate court reversed, finding that Associated failed to
• Henderson v. Int'l Union OF Operating Eng'rs
  420 F.2d 802· 9th Cir.· 1969-12-11 ·cited 16×
  The court held that a union's picketing activity to force an employer to reassign work, even temporarily, constitutes an unfair labor practice under Section 8(b)(4)(D) of the NLRA, and the "unclean hands" defense is not applicable against the NLRB seeking injunctive relief.