Adequacy Of Legal Remedy

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

• 28 E. Jackson Enters., Inc. v. Cullerton
  523 F.2d 439· 7th Cir.· 1975-08-08 ·cited 28×
  The dissenting judge believes the federal court has jurisdiction to enjoin the sale of property despite principles of comity, as the adequacy of state remedies is uncertain.
• Reed Enters. v. The Honorable Howard F. Corcoran
  354 F.2d 519· D.C. Cir.· 1965-12-02 ·cited 28×
  The court held that petitioners' complaints raised substantial constitutional questions and allegations of irreparable harm, requiring the convening of three-judge district courts to hear the challenge to the 1958 amendment of obscenity statutes.
• Fla. E. Coast Fruit Land Co. v. Mitchell
  80 Fla. 291· Fla.· 1920-07-13 ·cited 28×
  Florida East Coast Fruit Land Company challenged a tax sale certificate for property assessed under a vague and uncertain description that included lands belonging to multiple owners. The Florida Supreme Court reversed the trial court's dismissal, holding that the defective asses
• Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co.
  125 F. Supp. 2d 1093· S.D. Fla.· 2000-12-19 ·cited 25×
  The court denied the defendants' motion to dismiss or for summary judgment, finding genuine issues of material fact regarding conversion claims.
• State v. The Honorable Alban Brooke of the Cir. Court of the Fourth Jud. Cir. In & For Duval Cnty.
  573 So. 2d 363· Fla. 1st DCA· 1991-01-02 ·cited 25×
  The Florida Department of Health and Rehabilitative Services challenged orders by two Duval County juvenile court judges requiring the appearance of the HRS Secretary to explain why dependent children could not be placed in therapeutic residential facilities recommended by the Ca
• Riley v. Riley
  509 So. 2d 1366· Fla. 5th DCA· 1987-07-23 ·cited 25×
  William Riley appeals from a contempt order and judgment for alimony arrearages arising from his failure to comply with a property settlement agreement incorporated into his dissolution judgment. The Fifth District affirmed, holding that contempt was an appropriate remedy for Ril
• Pepper v. Beville
  100 Fla. 97· Fla.· 1930-06-30 ·cited 25×
  Bank receivers sought to collect a promissory note from Beville and sell his pledged jewelry as collateral, but one piece (a diamond ring valued at $1,275-$2,000) had been lost while in the bank's possession. Beville sought equity relief to enjoin the sale and obtain credit for t
• Earnest Stanberry, Jr. v. Escambia Cnty.
  813 So. 2d 278· Fla. 1st DCA· 2002-04-16 ·cited 24×
  Stanberry sued Escambia County for property damage caused by a retention pond overflow, obtaining a $600,000 jury verdict. The trial court granted remittitur reducing the award to $260,000 and denied his motion for a permanent injunction. The appellate court lacked jurisdiction t
• ST. Lawrence Co., N.V. v. Alkow Realty, Inc.
  453 So. 2d 514· Fla. 4th DCA· 1984-08-01 ·cited 24×
  A temporary mandatory injunction freezing $250,000 in sale proceeds to secure a brokerage commission claim was reversed because an action for money damages on an oral contract does not qualify for equitable relief merely because collectibility is uncertain.
• Forrest Bugher v. Feightner
  722 F.2d 1356· 7th Cir.· 1983-12-19 ·cited 24×
  A suit by trustees against an employer for contractual obligations under ERISA § 502(a)(3) is a legal action, not equitable, and thus carries a right to a jury trial.
• Great N. Life Ins. Co. v. Vince
  118 F.2d 232· 6th Cir.· 1941-03-11 ·cited 24×
  False representations in an insurance application regarding material health issues, made with intent to deceive, render the policy void under Michigan law, and such issues can be resolved via declaratory judgment.
• Price v. Gordon
  129 Fla. 715· Fla.· 1937-10-28 ·cited 24×
  The Florida Supreme Court affirmed an equity court's issuance of a mandatory injunction requiring return of personal property (clothing and medicines) that the Prices wrongfully refused to return to the Gordons, guests of a lessee, finding that equity jurisdiction was proper beca
• Ponce v. Demos
  159 Fla. 117· Fla.· 1947-06-24 ·cited 23×
  In this 1947 Florida Supreme Court case, the court addressed whether a bill in equity based on fraud is the proper remedy to cancel an option contract and recover a down payment. The court affirmed the chancellor's decision, holding that while equity generally will not act when a
• Elinor Nelson v. Regan
  731 F.2d 105· 2d Cir.· 1984-03-13 ·cited 22×
  The court held that the tax intercept program, as implemented, did not violate due process and that refunds attributable to the earned income credit are not subject to interception for past-due child support.
• Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.
  154 F.2d 450· 6th Cir.· 1946-04-03 ·cited 22×
  The court held that a permanent injunction should be granted to prevent the coal company from removing pillars and coal barriers, as the potential catastrophic injury to human life and public travel outweighs the economic harm to the coal company and the railroad has no adequate
• City of Jacksonville v. Giller
  102 Fla. 92· Fla.· 1931-06-23 ·cited 22×
  The Florida Supreme Court upheld an interlocutory injunction protecting the Gillers' possession of real property and buildings they occupied under a lease, holding that the City of Jacksonville could not interfere with their actual possession without following proper legal proced
• Rawls v. City of Miami
  82 Fla. 65· Fla.· 1921-06-29 ·cited 22×
  The appellant sought an injunction to prevent the City of Miami from enforcing a plumbing ordinance, alleging it was unreasonable and costly. The court affirmed the denial of the injunction, finding no grounds for equitable relief.
• ST. Lucie Cnty. & St. Lucie Cnty. Port & Airport Auth. v. Town OF ST. Lucie Vill.
  603 So. 2d 1289· Fla. 4th DCA· 1992-06-24 ·cited 21×
  The Fourth District Court of Appeal reversed a trial court's grant of summary judgment on constitutional challenges to Joint Participation Agreements (JPAs) between a county airport authority and the state transportation department, and reversed an injunction barring future airpo
• First Nat'l State Bank OF NEW Jersey v. Commonwealth Fed. Sav. & Loan Ass'n of Norristown
  610 F.2d 164· 3d Cir.· 1979-12-03 ·cited 21×
  The court held that a permanent lender's refusal to close on a loan commitment due to alleged construction defects, when the defects were minor and the project was substantially complete, constituted a breach of contract, and specific performance was an appropriate remedy.
• Advantage Digit. Sys., Inc. v. Digit. Imaging Servs., Inc.
  870 So. 2d 111· Fla. 2d DCA· 2003-12-03 ·cited 20×
  Digital Imaging Services sought a temporary injunction against former employees Knaus, Geenen, and Foust, and their new employer Advantage Digital, based on claims of trade secret theft, tortious interference, and breach of noncompetition agreements. The appellate court reversed
• East v. Aqua Gaming, Inc.
  805 So. 2d 932· Fla. 2d DCA· 2001-11-07 ·cited 20×
  East and Gaming Technology appealed a trial court's temporary injunction that restrained them from competing with Aqua Gaming in the same territory. The appellate court affirmed the injunction's prohibition on using misappropriated trade secrets but reversed the broad territorial
• Wildwood Crate & Ice Co. v. The Citizens Bank of Inverness
  98 Fla. 186· Fla.· 1929-07-18 ·cited 20×
  The Florida Supreme Court reversed a decree perpetually enjoining an execution sale of chattels, holding that a mortgagee with a superior lien cannot obtain equitable relief by injunction without exhausting or demonstrating the inadequacy of the statutory remedy provided under Se
• Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner
  52 Fla. 486· Fla.· 1906-06-01 ·cited 20×
  The Florida Supreme Court reversed a decree granting a perpetual injunction against trespass and awarding damages for unauthorized removal of turpentine from pine trees. The court held that while a statutory injunction could be granted under Florida law to restrain such trespasse
• Fla. Packing & Ice Co. v. Carney
  49 Fla. 293· Fla.· 1905-01-01 ·cited 20×
  The Florida Supreme Court affirmed a lower court's dismissal of a lawsuit, not because the business was liable for the tax, but because the business had filed its case in the wrong court (equity instead of law). The court emphasized that equity courts should not intervene in tax
• Tiramisu Intertional LLC v. Clever Imports LLC
  741 F. Supp. 2d 1279· S.D. Fla.· 2010-08-11 ·cited 19×
  The court adopted the magistrate judge's report and recommendation, granting in part and denying in part the plaintiff's motion for permanent injunctive relief, damages, and attorney fees, based on a default judgment for trademark infringement.
• Morse Diesel Int'l, Inc. v. 2000 Island Boulevard, Inc.
  698 So. 2d 309· Fla. 3d DCA· 1997-07-30 ·cited 19×
  Morse Diesel, a general contractor, appeals a writ of mandamus that authorized release of a $4.3 million cash bond posted by Williams Island to satisfy construction lien claims. The appellate court reversed, holding that mandamus was improper because Williams Island lacked a clea
• Pasquale Laino and Minerva Laino v. United States
  633 F.2d 626· 2d Cir.· 1980-10-06 ·cited 19×
  The court held that the Anti-Injunction Act bars a suit to restrain tax collection when the taxpayer has failed to petition the Tax Court for redetermination of a deficiency and has not demonstrated that the government could not prevail on the merits.
• Simms v. Burnette
  55 Fla. 702· Fla.· 1908-01-01 ·cited 19×
  This case concerns whether a court of equity will enforce a negative covenant in an employment contract that prevents an employee from entering the liquor business in Florida. The court held that it would not, finding the contract was for ordinary personal services and the common
• Ware v. Polk Cnty.
  918 So. 2d 977· Fla. 2d DCA· 2005-12-09 ·cited 18×
  Paul Ware built a Quonset-type structure on his Polk County property without obtaining a required building permit in violation of county code. The trial court granted summary judgment for the County and denied the County's motion for a temporary injunction. The appellate court di
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• COE v. Diener
  159 So. 2d 269· Fla. 2d DCA· 1964-01-03 ·cited 18×
  Constance Coe appealed an order denying her motion to dismiss a suit by Christine Diener for specific performance of an alleged oral settlement agreement. The Florida appellate court held that oral settlement agreements are enforceable in equity despite the parol evidence rule, a
• Waits v. Orange Creek Turpentine Corp.
  123 Fla. 31· Fla.· 1936-02-24 ·cited 18×
  This case involves a dispute over a turpentine lease where the lessor's successor attempted to take possession of leased timber without complying with the lease's required procedures for release. The Florida Supreme Court affirmed the trial court's injunction against the successo
• Ocean Accident & Guar. Corp. v. Tucker
  112 Fla. 401· Fla.· 1933-10-19 ·cited 18×
  The court held that an insurance company cannot seek rescission of a policy in equity after a lawsuit has already been filed by the policyholder in a court of law, especially when the grounds for rescission (fraud) can be raised as a defense in the law action. The court that firs
• Bowleg v. Bowe
  502 So. 2d 71· Fla. 3d DCA· 1987-02-10 ·cited 17×
  A building contractor appeals a judgment dismissing his claims for payment under a home improvement contract. The trial court found that the parties' final written agreement constituted a novation that extinguished all prior contractual obligations, and that the contractor's unju
• Nicol v. Bressler
  159 Fla. 668· Fla.· 1947-11-18 ·cited 17×
  A real estate broker claimed fraud and conspiracy after a property transaction between buyer and seller was completed without his involvement in the closing, allegedly depriving him of a commission. The Florida Supreme Court held that the broker's remedy lies against the party wi
• Gelco Corp. v. Coniston P'rs
  811 F.2d 414· 8th Cir.· 1987-02-04 ·cited 16×
  The court held that Coniston failed to demonstrate irreparable harm, thus the district court did not abuse its discretion in denying the preliminary injunction. Constitutional issues regarding the Minnesota Control Share Acquisition Act were deemed moot.
• Conway Meats, Inc. v. Orange Ave. P'ship
  440 So. 2d 674· Fla. 1st DCA· 1983-11-21 ·cited 16×
  The court held that the trial court erred in granting a temporary restraining order and impleading Conway Meats, Inc. without sufficient showing and proper procedure.
• Hyde Props. v. McCOY
  507 F.2d 301· 6th Cir.· 1974-11-05 ·cited 16×
  The court held that there is no constitutional right to a jury trial in an interpleader action where the creditor seeks to annul a fraudulent conveyance, and the district court's findings of fraudulent conveyance were not clearly erroneous.
• Flowers v. Miskoff
  233 So. 2d 201· Fla. 4th DCA· 1970-03-04 ·cited 16×
  A lawyer sued his former client for unpaid attorney fees under a contract requiring the client to pay $7,500 from proceeds of corporate land sales. The trial court granted the defendant's summary judgment motion after the lawyer settled with another joint obligor (the client's si
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Robinson v. Terrell H. Yon and others
  8 Fla. 350· Fla.· 1859-01-01 ·cited 15×
  This case concerns whether a sheriff's sale can occur on a day not designated by statute and whether a second replevy bond is permissible after the first has been forfeited. The court held that sales must adhere to statutory days and that a second replevy is not allowed, affirmin
• Corporate Mgmt. Advisors, Inc. v. Boghos
  756 So. 2d 246· Fla. 5th DCA· 2000-04-28 ·cited 14×
  Corporate Management Advisors sued its former employee for breach of restrictive covenants in an employment agreement. The trial court found the agreement void and unenforceable despite the employee's admitted violation, but the appellate court reversed, holding that overly broad
• The Fla. High Sch. Activities Ass'n v. Alena Kartenovich
  749 So. 2d 1290· Fla. 3d DCA· 2000-02-24 ·cited 14×
  The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
• Broward Cnty. v. Fla. Nat'l Props.
  613 So. 2d 587· Fla. 4th DCA· 1993-02-10 ·cited 14×
  Broward County appealed a circuit court order granting a writ of prohibition that prevented the county from requiring permits or conducting hearings against Florida National Properties regarding dredge and fill activities. The appellate court granted certiorari and quashed the pr
• Triple-A Baseball Club Assocs. v. Ne. Baseball, Inc.
  832 F.2d 214· 1st Cir.· 1987-10-13 ·cited 14×
  The court held that the contract was unambiguous and the parties were bound by its terms, reversing the lower court's finding of ambiguity and termination.
• Ismert & Assocs., Inc. v. NEW England Mut. Life Ins. Co.
  801 F.2d 536· 1st Cir.· 1986-09-19 ·cited 14×
  The court held that Ismert's promise to execute a release, made as consideration for other agreements, is specifically enforceable, and affirmed summary judgment for NEL.
• Kemlon Prods. & Dev. Co. v. United States
  638 F.2d 1315· 5th Cir.· 1981-03-12 ·cited 14×
  The court held that the Anti-Injunction Act barred the injunction because the taxpayer failed to demonstrate irreparable harm and the government showed a likelihood of prevailing on its right to disclose information for tax investigation.
• Gould, Inc. v. Chafee
  450 F.2d 667· D.C. Cir.· 1971-06-30 ·cited 14×
  The court held that the district court's dismissal order was vacated because it lacked stated reasons and potentially rested on a doubtful legal premise, requiring remand for clarification or reconsideration.
• Wedner v. Escambia Chem. Corp.
  102 So. 2d 631· Fla. 1st DCA· 1958-05-08 ·cited 14×
  This case involves an appeal from an order dismissing a complaint that sought to invalidate the closure of a public road and its conveyance to a chemical company. The court affirmed the dismissal, holding that the plaintiffs, as members of the general public, lacked standing to s
• Randolph v. Antioch Farms Feed & Grain Corp.
  903 So. 2d 384· Fla. 2d DCA· 2005-06-17 ·cited 13×
  Appellants Randolph appealed from a temporary injunction order granted in favor of Antioch Farms Feed & Grain Corp. and Tony Sills. The appellate court affirmed the injunction but remanded for the trial court to enter proper factual findings and set an appropriate bond, as requir