Election of Remedies Doctrine

A recent case out of Florida’s Third District Court of Appeals provides a worthy discussion of the election of remedies doctrine: The Florida Supreme Court has stated: The election of remedies doctrine is an application of the doctrine of estoppel and operates on the theory that a party electing one course of action should not later be allowed to avail himself of an incompatible course. The purpose of the doctrine is to prevent a double recovery for the same wrong. Under Florida law, however, the election of remedies doctrine applies only where the remedies in question are coexistent and inconsistent. . ....