STATE OF FLORIDA, APPELLANT,

v.

DERRELL K. KELLEY, APPELLEE

Citator

Cited By (25 total)

• Royal v. Parado, 462 So. 2d 849 (Fla. 1st DCA 1985)
  …concluded by appellee’s dismissal, with prejudice, of all counts of the complaint against Mrs. Emerson. . Courts of equity possess the fullest liberty to mold decrees to do equity. Singer v. Tobin, 201 So. 2d at 801; Circle Finance Co. v. Peacock, 399 So. 2d 81, 84 (Fla. 1st DCA 1981); Sottile v. Mershon, 166 So. 2d 481 (Fla. 3d DCA 1964). . The parties erroneously argue this point in terms of whether appellee "voluntarily dismissed" her claim for relief regarding payment of the mortgage on the residence.…
• Baxter's Asphalt & Concrete, Inc. v. Liberty Cnty., 406 So. 2d 461 (Fla. 1st DCA 1981)
  …or contractual agreement. See Miller v. Colonial Baking Co., 402 So. 2d 1365 (Fla. 1st DCA 1981). . The limited recovery we now allow on rehearing is monetary relief incidental to a court’s equitable jurisdiction. See Circle Finance Co. v. Peacock, 399 So. 2d 81 (Fla. 1st DCA 1981). A remedy that affords only partial relief is not an adequate remedy at law. See Milton v. Marianna, 107 Fla. 251, 144 So. 400 (1932).…
• Montage Grp., Ltd. v. Athle-Tech Computer Sys., Inc., 889 So. 2d 180 (Fla. 2d DCA 2004)
  …eeh’s claim against DES for unjust enrichment was based upon DES’ acquisition of the source code for the Omega software in violation of Athle-Tech’s rights pursuant to the software development contract with Montage. In Circle Finance Co. v. Peacock, 399 So. 2d 81, 84 (Fla. 1st DCA 1981), the First District described the basis of the equitable remedy of unjust enrichment as follows: Unjust enrichment is characterized as the effect of a failure to make restitution for property received by one under such circu…