Unclean Hands Doctrine

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

• Ohmes v. Ohmes
  200 So. 2d 849· Fla. 2d DCA· 1967-06-28 ·cited 16×
  Mary Ohmes appealed the dismissal of her petition to modify a divorce decree's alimony provision. The court held that a settlement agreement including alimony provisions is subject to modification under Florida Statute 65.15 even without an express reservation of jurisdiction, an
• United Textile Workers OF Am., AFL-CIO v. Newberry Mills, Inc.
  315 F.2d 217· 4th Cir.· 1963-03-06 ·cited 16×
  The court held that an employer cannot avoid its obligation to arbitrate employee discharges based on an alleged violation of a no-strike clause, especially when the union denies authorizing or supporting the strike.
• Brantley v. Edward J. Skeens ad litem
  266 F.2d 447· D.C. Cir.· 1959-04-09 ·cited 16×
  A party who enters a second marriage without divorcing their first spouse is estopped from claiming insurance benefits as the surviving spouse, and illegitimate children are included in the definition of 'child' for insurance benefit distribution under D.C. law.
• Roberts v. Roberts
  84 So. 2d 717· Fla.· 1956-01-20 ·cited 16×
  Wendell Roberts sought to enforce a constructive trust on one-half of his deceased brother Francis E. Roberts' estate, claiming they had agreed to equal ownership of ranch and meat company property. The Florida Supreme Court affirmed the trial court's decree establishing the cons
• Doherty v. Traxler
  66 So. 2d 274· Fla.· 1953-06-23 ·cited 16×
  A man who entered into a ceremonial marriage with a woman but never consummated it, immediately abandoned her, and subsequently lived in bigamy for twenty years sought appointment as administrator of his deceased wife's estate and claimed inheritance rights. The Florida Supreme C
• In re Tech. Marine Maint. Co., Inc.
  169 F.2d 548· 3d Cir.· 1948-07-29 ·cited 16×
  The court held that the landlord's termination of the lease was valid due to the tenant's insolvency and the lease's termination clause, and that the subsequent order vacating all prior proceedings was an improper attempt to undermine vested rights.
• Campbell v. Mueller
  159 F.2d 803· 6th Cir.· 1947-02-03 ·cited 16×
  The court held that the trial court did not err in finding the patent valid and infringed, and that the defenses of unclean hands and antitrust violations were not established.
• Freeman v. Altvater
  129 F.2d 494· 8th Cir.· 1942-07-15 ·cited 16×
  The court held that the accused dies did not infringe the reissue patent and that the license contract was terminated, affirming the dismissal of the complaint.
• Novadel-Agene Corp. v. Penn
  119 F.2d 764· 5th Cir.· 1941-05-16 ·cited 16×
  The court held that the Kroeber patent claim was invalid for want of invention, but the Sutherland patent was valid and enforceable, subject to further proceedings on the defense of improper use.
• Epstein v. Epstein
  915 So. 2d 1272· Fla. 4th DCA· 2005-12-21 ·cited 15×
  Harry Epstein appeals the denial of an equitable lien and set-off against alimony after his former wife failed to repay her share of proceeds from the sale of their marital residence. The court affirmed, holding that the clean hands doctrine barred equitable relief because the hu
• United States v. Sutton
  795 F.2d 1040· Temp. Emer. Ct. App.· 1986-06-11 ·cited 15×
  The court affirmed in part and reversed in part, remanding for recalculation of the award based on specific evidentiary issues.
• Smith v. Winn Dixie Stores, Inc.
  448 So. 2d 62· Fla. 3d DCA· 1984-04-10 ·cited 15×
  A court of equity may relieve a tenant from forfeiture of a lease where the tenant defaults, even if the owner has not waived the default, if enforcing the forfeiture would be unconscionable, inequitable, or unjust.
• Seminole Cnty. v. Mertz
  415 So. 2d 1286· Fla. 5th DCA· 1982-05-26 ·cited 15×
  Seminole County and Magnolia Service Corporation appealed a permanent injunction prohibiting surface water flow onto the Mertz property, claiming the trial court misapplied Florida water law. The court affirmed the injunction, finding that the developers unlawfully diverted diffu
• Joseph J. Lawler in Bankruptcy for Frank E. Mower, II v. Gilliam
  569 F.2d 1283· 4th Cir.· 1978-01-09 ·cited 15×
  The court held that the defendants offered and sold unregistered securities in violation of Section 12(1) of the Securities Act of 1933, and the private offering exemption was unavailable because the investor lacked access to necessary information.
• Deal v. Migoski
  122 So. 2d 415· Fla. 3d DCA· 1960-07-14 ·cited 15×
  An attorney purchased his client's entire interest in an estate for $2,500 while employed to settle the estate, when the interest was worth $7,200–$8,500. The client sought rescission on grounds of unconscionability and fraud. The court reversed the lower court's judgment and rem
• Am. Learning Sys., Inc. v. Breno Gomes and Adriana Gomes
  199 So. 3d 1076· Fla. 4th DCA· 2016-08-31 ·cited 14×
  A private school appeals the circuit court's grant of a temporary injunction requiring release of high school transcripts to parents who withdrew their children and allegedly breached their enrollment contract by failing to pay tuition. The appellate court reverses, holding that
• Thornton v. J Jargon Co.
  580 F. Supp. 2d 1261· M.D. Fla.· 2008-07-08 ·cited 14×
  Disputed issues of material fact preclude summary judgment on the copyright infringement claim, but the court grants summary judgment for defendants on plaintiff's claim for actual damages.
• Autonation, Inc. v. O'Brien
  347 F. Supp. 2d 1299· S.D. Fla.· 2004-12-02 ·cited 14×
  The court granted AutoNation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding the non-compete agreement.
• Monsanto Co. v. Campuzano
  206 F. Supp. 2d 1252· S.D. Fla.· 2002-05-02 ·cited 14×
  Merisant, as successor to Monsanto, sought summary judgment against Trio International and Mark Siegel for trademark infringement, false designation of origin, copyright infringement, and related claims arising from the defendants' unauthorized repackaging and distribution of Equ
• G.A. Imports, Inc. v. Subaru Mid-America, Inc.
  799 F.2d 1200· 8th Cir.· 1986-08-27 ·cited 14×
  The court held that a franchisor cannot non-renew a franchise for a franchisee's sale of a non-competing line of vehicles if the franchisor failed to supply sufficient inventory and the exclusivity requirement was unreasonable under the circumstances.
• Dahl v. Billy J. "B.J." Pinter
  787 F.2d 985· 5th Cir.· 1986-04-18 ·cited 14×
  The court held that the in pari delicto defense bars a plaintiff's recovery when they bear substantially equal responsibility for securities law violations and barring suit does not significantly interfere with enforcement.
• The Regents OF the Univ. OF Cal. v. Am. Broad. Cos., Inc.
  747 F.2d 511· 9th Cir.· 1984-11-09 ·cited 14×
  The court affirmed the district court's issuance of a preliminary injunction, finding that the plaintiffs had raised serious questions regarding the legality of the defendants' antitrust violations and that the balance of hardships favored the plaintiffs.
• Barnes v. Ostrander
  450 So. 2d 1253· Fla. 2d DCA· 1984-06-08 ·cited 14×
  Father appealed a Florida trial court's dismissal of his suit for custody modification, claiming lack of jurisdiction. The court properly declined jurisdiction under the Uniform Child Custody Jurisdiction Act because the father had improperly retained the child in Florida followi
• United States v. Lebron Harvey
  659 F.2d 62· 5th Cir.· 1981-10-15 ·cited 14×
  The court held that the provisions of the VA loan servicing manual are not mandatory and do not create enforceable rights for borrowers to bar or enjoin foreclosure.
• Miss. GAY Alliance & Anne DeBary v. Goudelock
  536 F.2d 1073· 5th Cir.· 1976-08-12 ·cited 14×
  The court held that a student newspaper editor's decision to reject an advertisement does not constitute state action and is protected by the First Amendment, precluding judicial compulsion for publication.
• Tempo Music, Inc. v. Myers
  407 F.2d 503· 4th Cir.· 1969-02-27 ·cited 14×
  The court held that ASCAP's failure to provide a requested list of copyrighted musical compositions or offer an editing service, as required by an antitrust consent judgment, estopped the copyright holders (ASCAP's principals) from recovering for infringement.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Borg-Warner Corp. v. York-Shipley, Inc.
  293 F.2d 88· 7th Cir.· 1961-07-26 ·cited 14×
  The court held that while the defendant established prior rights and secondary meaning in the YORK mark for heating products, the plaintiff's extensive delay in objecting constituted laches, barring injunctive relief for certain uses. The damages awarded were also improper due to
• Hill v. Lummus
  123 So. 2d 365· Fla. 3d DCA· 1960-10-06 ·cited 14×
  The court reversed a decree that voided conveyances and vested property in the estate of Lucille Gysin, instead holding that title should be vested in the Hills. The Hills prevailed because the estate administrator was estopped from challenging the validity of conveyances that or
• E. J. Brooks Co. v. Stoffel Seals Corp.
  266 F.2d 841· 2d Cir.· 1959-05-04 ·cited 14×
  The patent for the Ashton poultry tag is valid because it involves patentable invention, was not anticipated by prior art, and the patent holder did not have unclean hands.
• Hotel & Rest. Emps. & Bartenders Union v. Boca Raton Club, Inc.
  73 So. 2d 867· Fla.· 1954-07-06 ·cited 14×
  A Florida Supreme Court decision addressing whether a labor union and individual employees could obtain equitable relief against a hotel employer for alleged unfair labor practices, including using company housing to coerce employees during a labor dispute. The court held that wh
• Moore v. Mead Serv. Co.
  184 F.2d 338· 10th Cir.· 1950-07-28 ·cited 14×
  The court affirmed the trial court's judgment because the harm was caused by the appellant's own illegal acts, precluding recovery under antitrust laws.
• Miller v. Zaharias
  168 F.2d 1· 7th Cir.· 1948-05-07 ·cited 14×
  The court held that claims for a method of applying plastic material and claims for a hinged tool were invalid as they claimed mere functions or obvious modifications of existing devices, not patentable inventions.
• Purity Cheese Co. v. Frank Ryser Co.
  153 F.2d 88· 7th Cir.· 1946-01-25 ·cited 14×
  The court held that permitting a trademark's use on a product of unknown origin forfeits the owner's right to enjoin others from its use.
• Scheuer v. Balik
  130 Fla. 255· Fla.· 1937-11-18 ·cited 14×
  Alice and Albert Scheuer sought to foreclose a mortgage against Charles and Barbora Balik for an unpaid land purchase price. The trial court dismissed the foreclosure bill, finding that the Scheuers lacked clean hands in equity because they had agreed to accept a reduced settleme
• Dewhurst v. The City of St. Augustine
  91 Fla. 314· Fla.· 1926-02-23 ·cited 14×
  The Florida Supreme Court reversed a lower court's dismissal of a complaint seeking cancellation of tax sale certificates. The court held that the complainant must first pay any legally owed taxes before seeking equitable relief, even if the certificates are otherwise invalid.
• Tribeca Lending Corp. v. Real Est. Depot, Inc.
  42 So. 3d 258· Fla. 4th DCA· 2010-07-14 ·cited 13×
  The court held that summary judgment for an equitable lien was proper, but the final judgment contained defects regarding foreclosed parties and retention of sale proceeds.
• Boutwell v. Adams
  920 So. 2d 151· Fla. 1st DCA· 2006-02-03 ·cited 13×
  In this dissolution of marriage case, the appellate court reversed the trial court's substantially unequal distribution of marital assets (76% to the wife, 24% to the husband) because the trial court's stated justifications—the husband's post-filing credit card debt, his involvem
• Gordon v. Gordon
  625 So. 2d 59· Fla. 4th DCA· 1993-09-22 ·cited 13×
  A former husband sought relief from a final divorce judgment and property settlement agreement more than one year after entry, alleging his ex-wife extorted his consent by threatening to report his unfiled tax returns to the IRS. The court reversed the dismissal, holding that ext
• MCV, Inc. v. King-Seeley Thermos Co.
  870 F.2d 1568· Fed. Cir.· 1989-03-27 ·cited 13×
  The court held that MCV was equitably estopped from asserting a co-inventorship claim due to unreasonable delay and misleading conduct, affirming the district court's dismissal.
• Cable Holdings OF Ga., Inc. v. Home Video, Inc.
  825 F.2d 1559· 11th Cir.· 1987-08-31 ·cited 13×
  The court held that the jury was properly instructed on the issue of preparedness, and there was ample evidence to support the verdict that Cable Holdings was not prepared to enter the western territory, thus affirming the Sherman Act judgment. The court also affirmed the Clayton
• Gardco Mfg., Inc. v. Herst Lighting Co.
  820 F.2d 1209· Fed. Cir.· 1987-06-08 ·cited 13×
  The court held that a district court did not abuse its discretion in separating the equitable issue of inequitable conduct for a non-jury trial before the jury trial on infringement and validity, and that the patent was unenforceable due to inequitable conduct.
• Meis v. Sanitas Serv. Corp.
  511 F.2d 655· 5th Cir.· 1975-04-18 ·cited 13×
  The court held that the trial court did not err in issuing a temporary injunction to preserve the status quo pending trial, as the plaintiffs made a sufficient prima facie showing of potential success on the merits and the injunction was properly molded to the circumstances.
• Frisbie v. Carolina Cas. Ins. Co.
  162 So. 3d 1079· Fla. 5th DCA· 2015-04-17 ·cited 12×
  The Fifth District Court of Appeal reversed a grant of summary judgment for an insurance company, holding that the doctrine of unclean hands—asserted as an avoidance to affirmative defenses—must be pleaded in a reply to the answer under Florida Rule of Civil Procedure 1.100(a), n
• Wachovia Bank v. Tien
  534 F. Supp. 2d 1267· S.D. Fla.· 2007-08-06 ·cited 12×
  The court held that genuine issues of material fact precluded summary judgment, requiring a trial to determine ownership of the disputed bank accounts.
• Citibank, N.A. v. Data Lease Fin. Corp.
  828 F.2d 686· 11th Cir.· 1987-09-28 ·cited 12×
  The court held that the district court erred in granting summary judgment on claims of conversion, negligent bailment, fraud, and UCC violations, and that the RICO claims should relate back to the original filing date.
• United States v. Buttorff
  761 F.2d 1056· 5th Cir.· 1985-06-03 ·cited 12×
  The court affirmed the preliminary injunction, holding that the promotion of the Constitutional Pure Equity Trust was misleading commercial speech and that injunctive relief was appropriate under 26 U.S.C. § 7408 to prevent recurrence of violations.
• Preload Tech., Inc. v. A.B. & J. Constr. Co., Inc.
  696 F.2d 1080· 5th Cir.· 1983-01-27 ·cited 12×
  A subcontractor who submits a bid that a general contractor relies upon in submitting its own bid is bound by that offer, even if a formal contract is not yet executed, under the doctrine of promissory estoppel.
• Int'l Union, Allied Indus. Workers OF Am., AFL-CIO v. Local Union NO. 589, Allied Indus. Workers OF Am., AFL-CIO
  693 F.2d 666· 7th Cir.· 1982-11-22 ·cited 12×
  The court held that the International Union's imposition of a trusteeship over Local 589 was invalid due to the International's bad faith and unclean hands, warranting dissolution of the trusteeship.
• Riker Labs., Inc. v. Gist-Brocades N. V.
  636 F.2d 772· D.C. Cir.· 1980-11-26 ·cited 12×
  35 U.S.C. § 293 confers personal jurisdiction over a foreign patentee when allegations of patent misuse and antitrust violations affecting patent rights are made, even if the patent has expired.