Unclean Hands Doctrine

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

• Bishop v. Bishop
  257 F.2d 495· 3d Cir.· 1958-05-01 ·cited 8×
  The court held that the clean hands doctrine was improperly applied and that a trust deed lacking essential terms and a named beneficiary should fail, allowing the settlor to reclaim her property.
• The Gamewell Co. v. The City OF Phoenix
  219 F.2d 180· 9th Cir.· 1955-01-03 ·cited 8×
  The court clarified that recovery in quantum meruit is limited to the reasonable value of benefits received, and remanded for a new trial on the extent of those benefits.
• Harrison G. Travis v. Schwartz Mfg. Co.
  216 F.2d 448· 7th Cir.· 1954-11-04 ·cited 8×
  The court held that the trial court did not err in its findings regarding the plaintiff's reemployment rights and damages, and that the plaintiff was not entitled to restoration or damages beyond the statutory one-year period.
• Eureka Williams Corp. v. McCORQUODALE
  205 F.2d 155· C.C.P.A.· 1953-06-03 ·cited 8×
  The court should reverse the Commissioner of Patents' decision based on cited reasons and authorities.
• Danebo Lumber Co., Inc. v. Koutsky-Brennan-Vana Co.
  182 F.2d 489· 9th Cir.· 1950-05-17 ·cited 8×
  A party who pays money under a contract that is malum in se (inherently wrong), such as a conspiracy to violate a federal criminal statute, cannot recover that money if they are in pari delicto (equally at fault) with the other party.
• Lucky Heart Labs., Inc. v. Neumann
  154 F.2d 519· C.C.P.A.· 1946-03-06 ·cited 8×
  The court held that the appellant's trademark "Lucky Heart" is confusingly similar to the appellee's prior trademarks, and therefore should not be registered.
• Taylor v. Bowles
  147 F.2d 824· 9th Cir.· 1945-01-17 ·cited 8×
  The court held that the appellants violated rent control regulations by demanding excessive rents and attempting to evict tenants without proper authorization, and that the contempt finding against Stanley Taylor for violating a temporary restraining order was proper.
• Vitamin Technologists, Inc. v. Wis. Alumni Research Found.
  146 F.2d 941· 9th Cir.· 1944-11-24 ·cited 8×
  The court held that the refusal to permit vitamin D irradiation of oleomargarine was unwarranted and against the public interest, warranting denial of equitable relief and rendering the patents invalid.
• Vanderhuff v. Vanderhuff
  144 F.2d 509· D.C. Cir.· 1944-06-26 ·cited 8×
  Recrimination is not an absolute bar to divorce under the current statute, even if both parties have committed offenses.
• Boston & Fla. Atl. Coast Land Co. v. Ricker Alford & Madison Realty Co.
  150 Fla. 296· Fla.· 1942-03-27 ·cited 8×
  Ricker Alford purchased tax certificates under the Murphy Act for $232.57 and sought to foreclose them for the face value of $4,204.36, netting a profit of $3,971.79. The Florida Supreme Court held that an equity purchaser of tax certificates is restricted to recovering only the
• Hancock Oil Co. v. Universal Oil Prods. Co.
  120 F.2d 959· 9th Cir.· 1941-06-13 ·cited 8×
• Currie v. Currie
  120 Fla. 28· Fla.· 1935-06-04 ·cited 8×
  The appellate court affirmed a divorce decree granted on the grounds of extreme cruelty, finding that the husband's prolonged refusal of sexual relations, coupled with other conduct, constituted sufficient grounds for divorce. The court also addressed the alimony award, suggestin
• Alsheimer v. Palmer
  119 Fla. 335· Fla.· 1935-05-15 ·cited 8×
  In this equity case, the Florida Supreme Court affirmed the dismissal of a lien foreclosure suit brought by a contractor who had fraudulently padded his accounts for labor and materials. The court held that a party seeking equitable relief must come before the court with clean ha
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Rosa-Hernandez v. Hernandez
  979 So. 2d 1194· Fla. 4th DCA· 2008-04-23 ·cited 7×
  The court held that the trial court erred in ordering compliance with a partial marital settlement agreement when the proposed sale terms deviated from the agreement and insufficient evidence supported the order.
• OneSource Facility Servs., Inc. v. Mosbach
  508 F. Supp. 2d 1115· M.D. Fla.· 2007-04-05 ·cited 7×
  The court granted summary judgment for OneSource on claims related to MIC bonuses, finding no contractual right, but denied summary judgment on the claim for a 2003 salary raise due to a genuine issue of material fact.
• Pavolini v. Williams
  915 So. 2d 251· Fla. 5th DCA· 2005-12-02 ·cited 7×
  Borrowers appealed a summary judgment foreclosure entered against them after the trial court struck their affirmative defenses without explanation. The Fifth District reversed, holding that the lenders failed to conclusively refute the borrowers' affirmative defenses of waiver, e
• Hocker v. NEW Hampshire Ins. Co.
  922 F.2d 1476· 10th Cir.· 1991-01-07 ·cited 7×
  The court held that the excess insurer had a duty to defend when the primary insurer wrongfully denied coverage and that the excess insurer's failure to investigate and defend timely barred its equitable subrogation claim due to 'unclean hands'.
• Hembree v. Bradley
  528 So. 2d 116· Fla. 1st DCA· 1988-07-13 ·cited 7×
  Appellants appeal a summary judgment granting specific performance of a contract for sale and purchase of real property. The court reversed, finding genuine disputes of material fact regarding whether the transaction was a disguised loan subject to usury laws and whether appellan
• The Cleveland Newspaper Guild v. The Plain Dealer Publ'g Co.
  839 F.2d 1147· 6th Cir.· 1988-02-11 ·cited 7×
• Carpet Seaming Tape Licensing Corp. v. Best Seam Inc.
  694 F.2d 570· 9th Cir.· 1982-12-09 ·cited 7×
  The court held that the patents-in-suit are invalid due to obviousness over the prior art, but reversed the trial court's findings of derivation, fraud, patent misuse, antitrust violations, and laches.
• Int'l Nikoh Corp. v. H. K. Porter Co., Inc.
  374 F.2d 82· 7th Cir.· 1967-01-05 ·cited 7×
  The court affirmed the denial of the motion for relief from judgment, finding no abuse of discretion by the trial court.
• Shelby v. Tex. Improvement Loan Co. & Home Improvement Loan Co.
  280 F.2d 349· 5th Cir.· 1960-06-30 ·cited 7×
  A bankrupt should not be denied a discharge based on a financial statement if the statement's inaccuracies were based on reasonable grounds and a good faith belief in their correctness, even if hindsight reveals overoptimism.
• Sorenson v. The Bank of N.Y. Mellon
  261 So. 3d 660· Fla. 2d DCA· 2018-11-16 ·cited 6×
  Scott Sorenson appeals a foreclosure judgment entered by the trial court against him in favor of the Bank of New York Mellon. The appellate court reverses and remands because the trial court abused its discretion in denying Sorenson's requests to amend his pleadings to add fraud
• Dep't OF Revenue v. Llamas
  196 So. 3d 1267· Fla. 1st DCA· 2016-08-04 ·cited 6×
  The Florida First District Court of Appeal affirmed an administrative order declining to impute income to an incarcerated father for child support purposes when the initial support obligation was being established at the time of his incarceration. The court rejected the Fourth Di
• Wells Fargo Bank, N.A. v. Hilary A. Williamson
  199 So. 3d 1031· Fla. 4th DCA· 2016-07-13 ·cited 6×
  Wells Fargo Bank appealed a trial court's dismissal of its foreclosure action based on the borrower's unclean hands defense, arguing the trial court erred in finding the bank knew or should have known of the original lender's falsification of loan application information. The cou
• Parrish & Yarnell, P.A. v. Spruce River Ventures, LLC
  180 So. 3d 1198· Fla. 2d DCA· 2015-12-11 ·cited 6×
  Parrish & Yarnell appeals a circuit court order striking its charging and retaining lien against former client Spruce River Ventures. The court erred by deciding the lien's merits on a motion to strike without taking evidence, when factual disputes existed that required an eviden
• Solano v. a Navas Party Prod., Inc.
  728 F. Supp. 2d 1334· S.D. Fla.· 2010-07-26 ·cited 6×
  The court held that a genuine issue of material fact exists regarding whether Francisco Navarrete qualifies as an employer under the FLSA, precluding summary judgment on that issue. The court also found that Plaintiff has not abandoned his federal minimum wage claim and can poten
• Wait v. Wait
  886 So. 2d 318· Fla. 4th DCA· 2004-11-10 ·cited 6×
• Merrill Lynch v. Dunn
  191 F. Supp. 2d 1346· M.D. Fla.· 2002-03-18 ·cited 6×
  The court held that a preliminary injunction was warranted to prevent former employees from soliciting clients and using confidential customer information, as the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, a favorable balance of harms, and tha
• Hvide Marine Towing, Inc. v. Kimbrell (In Re Hvide Marie Inc.)
  248 B.R. 841· M.D. Fla.· 2000-05-25 ·cited 6×
  The court held that withdrawal of the reference was not warranted under either mandatory or permissive grounds, as the non-bankruptcy federal law issues were not substantial and material, and a jury demand had not yet been made.
• McMILLAN v. The Oaks OF Spring Hill Homeowner's Ass'n, Inc.
  754 So. 2d 160· Fla. 5th DCA· 2000-03-31 ·cited 6×
  The court held that placing a pre-assembled shed violated a deed restriction prohibiting the erection of sheds, and that the homeowners failed to prove affirmative defenses of waiver, estoppel, acquiescence, or selective enforcement.
• Blender v. Blender
  760 So. 2d 950· Fla. 4th DCA· 1999-08-25 ·cited 6×
  In this post-dissolution modification case, the trial court retroactively reduced the husband's child support and alimony obligations upon finding a substantial change in circumstances (his disability preventing medical practice), rejecting the wife's unclean hands defense based
• Lamb v. Pike
  659 So. 2d 1385· Fla. 3d DCA· 1995-09-13 ·cited 6×
  The court held that the trial court erred in granting summary judgment on liability and accelerating mortgage payments, and in striking the defendants' pleadings.
• McINTOSH v. L.H. Hough
  601 So. 2d 1170· Fla.· 1992-05-28 ·cited 6×
  The Florida Supreme Court held that innocent purchasers of property who acquired title in reliance on a fraudulent conveyance may assert an unclean hands defense against the fraudulent grantor seeking to quiet title, even though they were not the original targets of the fraud. Th
• Dragland v. Dragland
  584 So. 2d 46· Fla. 2d DCA· 1991-07-10 ·cited 6×
  The appellate court affirmed the trial court's denial of the husband's petition to modify alimony and the judgment for arrearages, finding the husband's conduct barred relief.
• Burger King Corp. v. Hall
  770 F. Supp. 633· S.D. Fla.· 1991-05-21 ·cited 6×
  A terminated franchisee's continued unauthorized use of the franchisor's trademarks constitutes infringement and unfair competition, and the franchisee cannot use wrongful termination as a defense to avoid injunctive relief.
• The Coastal Corp. v. Tex. E. Corp.
  869 F.2d 817· 5th Cir.· 1989-03-29 ·cited 6×
  An injunction procured by material misrepresentation may not be sustained, and a district court cannot dissolve its own injunction once an appeal has been filed, except to maintain the status quo.
• Hitt v. Hitt
  535 So. 2d 631· Fla. 4th DCA· 1988-12-14 ·cited 6×
  In this family law case, the Fourth District Court of Appeal reversed a trial court's dismissal of a wife's motion to vacate a final divorce judgment, finding that the husband fraudulently induced her into an uncontested dissolution by promising to divide all marital assets and p
• In re Torrez v. Torrez
  827 F.2d 1299· 9th Cir.· 1987-09-14 ·cited 6×
  A resulting trust for the benefit of parents who paid for land, but placed title in their children's names to circumvent federal law, is not voided by the illegality of the purpose, especially when the children provided no consideration.
• Beermart, Inc. v. The Stroh Brewery Co.
  804 F.2d 409· 7th Cir.· 1986-10-29 ·cited 6×
  The court held that a wholesale beer distributor's intentional sale of overage beer, with fraudulent repackaging and false dating, constituted a breach of the distribution agreement justifying immediate termination, and that such conduct barred the distributor from seeking equita
• Mantek Div. OF NCH Corp. v. Share Corp.
  780 F.2d 702· 7th Cir.· 1986-01-07 ·cited 6×
  The district court did not err in excluding evidence of commercial bribery as a defense to a preliminary injunction.
• Prow v. Medtronic, Inc.
  770 F.2d 117· 8th Cir.· 1985-08-12 ·cited 6×
  The court held that a post-employment restrictive covenant was enforceable because it protected a legitimate business interest and was reasonable in scope, and that the employer did not breach the employment agreement.
• Selchow & Righter Co. v. Goldex Corp.
  612 F. Supp. 19· S.D. Fla.· 1985-02-20 ·cited 6×
  The exclusive licensee of U.S. trademark rights can prevent the importation and sale of identical goods originating from the foreign licensor by a third party.
• Gregorio Diaz v. Diaz
  418 So. 2d 1064· Fla. 3d DCA· 1982-08-03 ·cited 6×
  Gregorio Diaz appeals a final judgment dissolving his marriage and ordering him to pay $40 per week in child support. The appellate court reversed and remanded because the trial court failed to create a record containing evidence of the child's needs and the father's ability to p
• Harrison v. Baker
  402 So. 2d 1270· Fla. 3d DCA· 1981-08-11 ·cited 6×
  A Florida appellate court affirmed a trial court's grant of specific performance compelling a seller to convey residential property to a buyer, despite the seller's argument that the buyer failed to timely tender payment. The court held that the seller's own wrongful conduct in p
• Okla. Retail Grocers Ass'n v. Wal-Mart Stores
  605 F.2d 1155· 10th Cir.· 1979-08-21 ·cited 6×
  The court held that a corporate plaintiff seeking equitable relief may be barred by the unclean hands doctrine if its members, who are the real beneficiaries, have engaged in the same conduct they seek to enjoin.
• Pilafian v. Cherry
  355 So. 2d 847· Fla. 3d DCA· 1978-03-07 ·cited 6×
  Neighboring waterfront property owners in a Florida subdivision disputed the construction of a seawall and dock on adjacent lots. The trial court denied both the plaintiffs' request for mandatory injunction to remove the defendants' dock and the defendants' counterclaim, applying
• Ill. Tool Works, Inc. v. Foster Grant Co., Inc.
  547 F.2d 1300· 7th Cir.· 1976-12-02 ·cited 6×
  The court held that the district court erred in finding that certain Kent Plastics sales did not precede the invention date of the '139 patent, but affirmed the district court's ultimate conclusion that these sales did not invalidate the patent. The court also affirmed the distri