FABRICA DE FIDEOS RIVOLI, S.A.
v.
FAMEX INVESTMENTS LIMITED
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The doctrine of equitable subrogation allows a person who has satisfied another's debt obligation to stand in the shoes of the original creditor and succeed to its rights and priorities.
[1] Under the doctrine of equitable subrogation, a person who satisfies the obligations of another in equity and good conscience may succeed to the rights and priorities of t…
[2] Equitable subrogation may be invoked wherever justice demands its application, irrespective of technical legal rules.
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Join FLexlaw to unlock all legal intelligence“The doctrine of subrogation is generally invoked when one person has satisfied the obligations of another and equity compels that the person discharging the debt stand in the shoes of the person whose claim has been discharged, thereby succeeding to the rights and priorities of the original creditor.”
E. Nat'l Bank v. Glendale Fed. Sav. & Loan Ass'n, 508 So. 2d 1323, 1324 (Fla. 3d DCA 1987)
Fabrica de Fideos Rivoli, S.A. appealed a circuit court decision involving a subrogation claim against Famex Investments Limited. The case involved ci…
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PER CURIAM.
Affirmed. E. Nat’l Bank v. Glendale Fed. Sav. & Loan Ass’n, 508 So. 2d 1323, 1324 (Fla. 3d DCA 1987) (“The doctrine of subrogation is generally invoked when one person has satisfied the obligations of another and equity compels that the person discharging the debt stand in the shoes of the person whose claim has been discharged, thereby succeeding to the rights and priorities of the original creditor.”); Kala Invs., Inc. v. Sklar, 538 So. 2d 909, 917 (Fla. 3d DCA 1989) (“The policy behind the doctrine [of equitable subrogation] is to prevent unjust enrichment by assuring that the person who in equity and good conscience is responsible for the debt is ultimately answerable for its discharge.”); W. Am. Ins. Co. v. Yellow Cab Co. of Orlando, Inc., 495 So. 2d 204, 207 (Fla. 5th DCA 1986) (stating that the doctrine of equitable subrogation “may be invoked wherever justice demands its application, irrespective of technical legal rules.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- W. Am. Ins. Co. v. Yellow CAB Co. OF Orlando, Inc., 495 So. 2d 204 (Fla. 5th DCA 1986)
- E. Nat'l Bank v. Glendale Fed. Sav. & Loan Ass'n, 508 So. 2d 1323 (Fla. 3d DCA 1987)
- Wellinghoff v. Ray Lopez, M.D., 538 So. 2d 909 (Fla. 3d DCA 1989)