Adequacy Of Legal Remedy

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

• Carey English v. McCRARY
  348 So. 2d 293· Fla.· 1977-05-06 ·cited 436×
  The Florida Supreme Court held that prohibition is not an available remedy to challenge a trial judge's decision to close a dissolution of marriage hearing to the press, as prohibition only lies for lack or excess of jurisdiction, not for abuse of discretion. The court clarified
• Orlando Sports Stadium, Inc. v. The State of Fla. ex rel. Rom W. Powell
  262 So. 2d 881· Fla.· 1972-04-05 ·cited 126×
  The Florida Supreme Court upheld statutes authorizing public nuisance abatement for premises used for illegal drug activity, rejecting constitutional challenges to their vagueness and scope. The court affirmed the trial court's denial of defendants' motion to dismiss in an action
• LaDUKE v. Nelson
  762 F.2d 1318· 9th Cir.· 1985-06-10 ·cited 117×
  The court held that the INS's practice of conducting farm and ranch checks without a warrant, probable cause, or articulable suspicion violated the Fourth Amendment, and that the district court properly issued an injunction and awarded fees.
• Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc.
  912 F.2d 1238· 10th Cir.· 1990-08-29 ·cited 114×
  The court held that summary judgment was inappropriate regarding claims of economic duress, material breach, and the scope of the release for post-settlement claims, but was appropriate on the issue of fraud and the exclusion of parol evidence.
• Wiggins & Johnson v. Williams
  36 Fla. 637· Fla.· 1895-06-01 ·cited 96×
  The Florida Supreme Court held that a statute authorizing courts of chancery to assess damages for trespass on timbered lands violated the constitutional right to trial by jury, as damage recovery for mere trespass was a legal remedy tried by jury at common law. The Court affirme
• Cordis Corp. v. Prooslin
  482 So. 2d 486· Fla. 3d DCA· 1986-01-21 ·cited 91×
  This case addresses whether an employer seeking to enforce non-competition covenants is entitled to a temporary injunction when the employer has itself breached the employment contract. The court held that an employer's material breach of an employment contract is a relevant fact
• Royal Indem. Co. v. Knott
  136 So. 474· Fla.· 1931-07-23 ·cited 86×
  The Florida Supreme Court held that a surety on an indemnity bond may be made a proper party to an equity suit for accounting against a bond trustee, but only for purposes of determining the extent of the surety's liability—not for obtaining a judgment against the surety itself.
• Operation Rescue v. Women's Health Ctr., Inc.
  626 So. 2d 664· Fla.· 1993-10-28 ·cited 84×
  Operation Rescue challenged an amended permanent injunction restricting its anti-abortion demonstrations outside a medical clinic and near employees' homes. The Florida Supreme Court upheld the injunction, holding that content-neutral, narrowly tailored restrictions on the time,
• The State of Fla. ex rel. W. H. Ellis v. Atl. Coast Line R.R. Co.
  53 Fla. 650· Fla.· 1907-01-01 ·cited 81×
  The Florida Supreme Court addressed whether mandamus is the proper remedy to compel the Atlantic Coast Line Railroad Company to perform its duties as a common carrier, including maintaining safe track and roadbed and providing sufficient equipment. The court held that mandamus ma
• Justice v. United States
  6 F.3d 1474· 11th Cir.· 1993-11-15 ·cited 80×
  Roger Justice brought a negligence action under the Public Vessels Act and Suits in Admiralty Act against the United States for injuries sustained aboard a government vessel. His original action, timely filed within the two-year statute of limitations, was dismissed without preju
• Emilio Pizzarello v. United States
  408 F.2d 579· 2d Cir.· 1969-03-18 ·cited 79×
  The court held that a jeopardy tax assessment based on illegally seized evidence and calculated using an arbitrary and unsupported method is invalid and may be enjoined, especially when the taxpayer faces irreparable harm and lacks an adequate legal remedy due to Fifth Amendment
• Walker v. Close
  98 Fla. 1103· Fla.· 1929-12-28 ·cited 79×
  Walker sought rescission of a land purchase contract due to defective title and failure to install promised improvements. The Florida Supreme Court reversed the lower court's dismissal of the bill of complaint, holding that the covenants were dependent and that the vendee could r
• State v. Honorable George W. Tedder
  106 Fla. 140· Fla.· 1932-07-09 ·cited 72×
  The Florida Supreme Court held that a court of equity has jurisdiction to enjoin a municipal recall election when proceedings fail to substantially comply with statutory requirements, distinguishing recall elections from ordinary elections because they are extraordinary proceedin
• Myers v. State
  81 Fla. 32· Fla.· 1921-01-14 ·cited 72×
  The Florida Supreme Court reversed the issuance of a peremptory writ of mandamus requiring an Odd Fellows lodge secretary to issue a receipt for dues paid under a disputed assessment schedule. The court held that mandamus was an inappropriate remedy because the relator's legal ri
• Sailing W. Baruch v. W. B. Haggerty, Inc.
  137 Fla. 799· Fla.· 1939-05-16 ·cited 71×
  The Florida Supreme Court affirmed the denial of a plea of privilege and motion to dismiss in a suit by W. B. Haggerty, Inc. seeking specific performance of a stock purchase contract against co-partners who stopped payment on the agreed consideration. The court held that equity j
• Billian v. Mobil Corp.
  710 So. 2d 984· Fla. 4th DCA· 1998-02-18 ·cited 68×
  Homebuyers sued a condominium developer for non-disclosure of material defects under Johnson v. Davis. The trial court granted a judgment for the developer based on a jury verdict of no liability and denied rescission. The appellate court reversed because the trial court gave an
• Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp. & Standwear Pleating Co., Inc.
  294 F.2d 486· 5th Cir.· 1961-09-15 ·cited 62×
  The court held that the district court abused its discretion by denying a jury trial on patent infringement issues when a legal counterclaim was present, despite the plaintiff's request for equitable relief.
• Cool Fuel v. Connett
  685 F.2d 309· 9th Cir.· 1982-08-24 ·cited 59×
  The court held that a taxpayer seeking to enjoin IRS collection must still satisfy traditional equitable prerequisites, including irreparable injury and lack of an adequate legal remedy, even if statutory notice procedures were not followed.
• Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.
  443 F.2d 867· 2d Cir.· 1971-05-04 ·cited 56×
  The court held that a preliminary injunction should not have been granted because the patent's validity was not beyond question, and the lower court applied an incorrect standard. However, the court reviewed the merits and found the patent likely valid and infringed, but still re
• Welch v. State ex rel. Rosetta Johnson
  85 Fla. 264· Fla.· 1923-03-01 ·cited 54×
  The Florida Supreme Court reversed a mandamus order compelling a county judge to reinstate a forcible entry and unlawful detainer action that the county judge had dismissed. The court held that the county judge properly dismissed the action because title to real property was at i
• Franke v. Wiltschek
  209 F.2d 493· 2d Cir.· 1953-12-09 ·cited 53×
  A party who obtains secret information through a confidential relationship and uses it to their detriment incurs liability, even if the information could have been discovered by other means.
• Town of Boca Raton v. Moore
  122 Fla. 350· Fla.· 1936-01-10 ·cited 52×
  The Florida Supreme Court affirmed on rehearing consolidated cases involving a town's contract with a paving company and subsequent lien certificates. The Court held that while the contract was questionable, the Town of Boca Raton was effectively protected by a permanent injuncti
• The Elmo Div. OF Drive-X Co., Inc. v. Dixon
  348 F.2d 342· D.C. Cir.· 1965-02-11 ·cited 50×
  The court held that the district court lacked jurisdiction to enjoin the Federal Trade Commission from proceeding with a complaint, as statutory review procedures were available after an order was issued.
• State v. Richards
  50 Fla. 284· Fla.· 1905-06-01 ·cited 48×
  The Florida Supreme Court upheld the dismissal of a mandamus petition seeking to compel a tax assessor to list property on the assessment roll despite the property having been certified to the State for unpaid prior taxes. The court held that mandamus was improper because adequat
• Stewart v. Manget
  132 Fla. 498· Fla.· 1938-04-28 ·cited 47×
  Stewart, a real estate broker, filed a creditor's bill seeking to subject property titled in the Mangets' names to satisfy a future judgment for unpaid broker's commissions. The Florida Supreme Court held that the bill lacked equity because 20 acres of the subject property stood
• Mollie Gibson LeNoir v. McDaniel
  80 Fla. 500· Fla.· 1920-10-08 ·cited 47×
  A married woman sued for specific performance of an agreement to acquire a one-half interest in a business through her personal services as manager. The Florida Supreme Court reversed the lower court's dismissal, holding that a married woman may acquire a separate property intere
• Graham v. The Fla. Land & Mortg. Co.
  33 Fla. 356· Fla.· 1894-01-01 ·cited 46×
  A complainant holding legal title to wild, unoccupied land may maintain a bill in equity to remove a cloud on title without being in actual possession, because the legal remedy is inadequate when the tax claimant is not in actual possession. Where taxes have been paid through a t
• Smith v. Nicholas deB. Katzenbach
  351 F.2d 810· D.C. Cir.· 1965-08-27 ·cited 45×
  The court held that while federal courts have supervisory power over law enforcement agents, the District of Columbia court lacked jurisdiction to grant equitable relief concerning evidence obtained in another district, and that such relief should generally be sought in the distr
• Clemons v. The Bd. OF Educ. OF Hillsboro
  228 F.2d 853· 6th Cir.· 1956-01-05 ·cited 44×
  The court held that the district judge did not abuse his discretion in denying the injunction, as the school board was making a good-faith effort toward integration.
• Moss v. Sperry
  140 Fla. 301· Fla.· 1939-10-17 ·cited 44×
  A real estate broker sued to enforce an equitable lien against property and proceeds arising from a sale he facilitated, where he claimed the vendor and purchaser conspired to avoid paying his commission. The Florida Supreme Court reversed the circuit court's dismissal and held t
• Teradyne, Inc. v. Mostek Corp.
  797 F.2d 43· 1st Cir.· 1986-08-01 ·cited 43×
  An interlocutory order requiring a party to set aside assets to satisfy a potential judgment, even if similar to an attachment, is appealable as a preliminary injunction under 28 U.S.C. § 1292(a)(1) if it is coercive and treated as such by the parties and the court. Furthermore,
• Miller v. Premier Corp.
  608 F.2d 973· 4th Cir.· 1979-10-05 ·cited 42×
  The dissenting judge argues the case should have been an accounting in equity, not a jury trial for fraud, due to complexity and fiduciary relationship.
• K-Mart Corp. v. Oriental Plaza, Inc.
  875 F.2d 907· 1st Cir.· 1989-05-10 ·cited 40×
  The court held that the landlord's construction of retail buildings in violation of the lease constituted a breach, and that injunctive relief was appropriate due to irreparable harm to the tenant's goodwill and property rights.
• Davis v. Wilson
  139 Fla. 698· Fla.· 1939-08-01 ·cited 40×
  Davis sought an injunction under Florida's "No Fence Law" to prevent Wilson's cattle from trespassing on his property and damaging his citrus trees. The Florida Supreme Court reversed the lower court's grant of the injunction, holding that the bill failed to allege sufficient fac
• Maud Frierson and Mattie Frierson v. Frierson
  110 Fla. 416· Fla.· 1933-06-06 ·cited 38×
  The Florida Supreme Court reversed a trial court's dismissal of an equity suit for rescission of a deed and accounting, holding that although the complaint failed to state a valid equitable claim, the court should have transferred the case to the law docket rather than dismissing
• Boucher v. Novotny
  102 So. 2d 132· Fla.· 1958-04-16 ·cited 36×
  The Florida Supreme Court affirmed dismissal of a suit by neighboring property owners seeking injunctive relief against alleged zoning ordinance violations, holding that private parties challenging municipal zoning violations must allege and prove special damages differing in kin
• Snibbe v. The Napoleonic Soc'y OF Am., Inc.
  682 So. 2d 568· Fla. 2d DCA· 1996-09-25 ·cited 35×
  The court held that personal jurisdiction was lacking over nonresident officers acting within their corporate capacity, and that the injunctions lacked sufficient factual findings to support their issuance.
• Campbell Soup Co. v. Wentz
  172 F.2d 80· 3d Cir.· 1948-12-23 ·cited 34×
  The court held that while the buyer might have been entitled to specific performance based on the inadequacy of the legal remedy, equitable relief is denied because the contract is unconscionable.
• Sommers v. Apalachicola N. R.R. Co.
  75 Fla. 159· Fla.· 1918-01-31 ·cited 34×
  Stockholders of two Florida corporations brought an equity suit alleging that their agents, Whittaker and Van Riper, fraudulently manipulated complex financial transactions involving railroad and land development companies to acquire control of valuable properties worth millions
• Simmons v. Williford
  60 Fla. 359· Fla.· 1910-06-01 ·cited 33×
  The court reversed an injunction granted to a buyer of an orange crop, holding that the buyer had an adequate remedy at law through replevin. The buyer's claim that the seller was insolvent and intended to remove the fruit clandestinely was insufficient to justify equitable relie
• Flynt Distrib. Co., Inc. v. Harvey
  734 F.2d 1389· 9th Cir.· 1984-06-12 ·cited 32×
  The court held that while it had jurisdiction over all defendants, the district court erred in granting a preliminary injunction because the remedy at law (money damages) was adequate.
• Midwest Haulers, Inc. v. Brady
  128 F.2d 496· 6th Cir.· 1942-06-02 ·cited 32×
  The court held that a taxpayer may seek to enjoin the collection of taxes if the remedy at law is inadequate and collection would destroy the taxpayer's business and property, notwithstanding statutory prohibitions against such suits.
• Gainesville Gas & Elec. Power Co. v. City of Gainesville
  63 Fla. 425· Fla.· 1912-01-01 ·cited 32×
  The Supreme Court of Florida affirmed a lower court's decision to sustain a demurrer and deny an injunction. The case involved a dispute over the city's power to set utility rates through an ordinance, even when passed over the mayor's veto.
• Gawker Media, LLC v. Bollea
  170 So. 3d 125· Fla. 2d DCA· 2015-07-02 ·cited 31×
  Gawker Media sought a writ of mandamus to prevent trial from proceeding on July 6, 2015, arguing the trial court violated Florida Rule of Civil Procedure 1.440 by scheduling trial without observing the mandatory fifty-day waiting period between service of the last pleading and tr
• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc.
  874 F.2d 1346· 10th Cir.· 1989-05-05 ·cited 30×
  The court held that the contract contained an implied covenant for Shoshone to stay in business for the duration of the contract, so long as its members have a need for power, and that the district court's denial of a permanent injunction should be vacated and set aside.
• Nw. Nat'l Ins. Co. v. Greenspun
  330 So. 2d 561· Fla. 3d DCA· 1976-04-20 ·cited 30×
  The court held that while a temporary injunction preventing an insurance rate increase was properly granted, the trial court erred in ordering the impaneling of a special board to hear evidence, as this exceeded its procedural and statutory authority.
• McCutcheon v. Nat'l Acceptance Corp.
  143 Fla. 663· Fla.· 1940-07-12 ·cited 30×
  McCutcheon sued for specific performance of a stock transfer agreement with National Acceptance Corporation and its president Frank Newman. The Florida Supreme Court reversed the trial court's dismissal, holding that specific performance of a contract to transfer closely-held sto
• Carney v. Hadley
  32 Fla. 344· Fla.· 1893-06-01 ·cited 30×
  The Florida Supreme Court reversed a lower court's decree granting a perpetual injunction against trespassers who were boxing pine trees for turpentine production on the complainants' land. The court held that the working of pine trees for turpentine in the customary manner does
• Angelino v. Santa Barbara Enters., LLC
  2 So. 3d 1100· Fla. 3d DCA· 2009-02-18 ·cited 29×
  Sabrina Angelino appeals the trial court's entry of a temporary injunction and constructive trust imposed in a business dispute involving competing telecommunications companies. The appellate court reversed, finding the injunction lacked specific factual findings, was overly broa
• Matthews v. Jewel Weldon McCain
  125 Fla. 840· Fla.· 1936-10-23 ·cited 29×
  This case addresses whether a married woman's separate property can be distrained for rent owed under a lease executed by her and her husband. The Florida Supreme Court held that distress cannot be maintained against a married woman's separate property unless she has properly obl