Adequacy Of Legal Remedy

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

• Bradshaw v. Vic Thompson
  454 F.2d 75· 6th Cir.· 1972-01-20 ·cited 13×
  The court held that the plaintiff's claims were primarily legal, entitling the defendants to a jury trial, and that the trial court did not err in its rulings regarding the appointment of a master, the sale of a horse, or the award of costs.
• Woodford v. Seigmore Alexander
  35 Fla. 333· Fla.· 1895-01-01 ·cited 13×
  The Florida Supreme Court reversed a lower court's decision granting an injunction against timber cutting on disputed swamp lands in Marion County. The court held that the complainants, who lacked actual possession of the wild, unoccupied lands, could not obtain equitable relief
• M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc.
  6 So. 3d 627· Fla. 4th DCA· 2009-01-05 ·cited 12×
  M.I. Industries challenges an ex parte injunction freezing its bank accounts and assets pending litigation over alleged illegal land-flipping schemes involving a title insurance fund's member-agent. The court reverses, holding that injunctions freezing commingled bank accounts ar
• Inez B. Mintzer v. Arthur L. Wright & Co., Inc.
  263 F.2d 823· 3d Cir.· 1959-02-17 ·cited 12×
  The court held that the appointment of a receiver was an abuse of discretion because the plaintiffs failed to establish a sufficient equitable interest in the defendant's property or demonstrate fraud, imminent danger, or inadequate legal remedies under Pennsylvania law.
• Lincoln Tower Corp. v. Richters' Jewelry Co., Inc.
  152 Fla. 542· Fla.· 1943-03-16 ·cited 12×
  Lincoln Tower Corporation sought to enforce a covenant in a commercial lease requiring the tenant, Richters' Jewelry Company, to keep its store open year-round except on holidays. The Florida Supreme Court reversed the lower court's denial of injunctive relief, holding that the c
• State v. Whitehurst
  122 Fla. 484· Fla.· 1936-02-06 ·cited 12×
  The Florida Supreme Court granted a writ of prohibition against a circuit judge's authority to release taxable lands from drainage district liability under a 1933 statute liquidating the Fort Myers Drainage District. The court held that the statute unconstitutionally impaired the
• Manatee Cnty. Growers Assn. v. Fla. Power & Light Co.
  113 Fla. 449· Fla.· 1934-01-08 ·cited 12×
  Florida Power & Light Company sought to enforce a long-term power supply contract against Manatee County Growers Association, which attempted to discontinue service and generate its own electricity. The Florida Supreme Court affirmed an injunction preventing the breach, holding t
• Cont'l Cas. Co. v. First Fin. Emp. Leasing, Inc.
  716 F. Supp. 2d 1176· M.D. Fla.· 2010-06-03 ·cited 11×
  The court held that the defendant's claims regarding the FCCPAP credit were barred for failure to exhaust administrative remedies under Florida law.
• Nestor Gonzalez v. Francoise Benoit
  424 So. 2d 957· Fla. 3d DCA· 1983-01-11 ·cited 11×
  Gonzalez, a residential tenant, appealed the circuit court's dismissal of his complaint for lack of subject matter jurisdiction after his landlord Benoit terminated electrical service and changed the locks to his apartment. The Third District Court of Appeal reversed, holding tha
• Perlowin v. Sassi
  711 F.2d 910· 9th Cir.· 1983-07-29 ·cited 10×
  The court held that while the termination assessment was invalid due to the IRS's failure to issue a timely notice of deficiency, injunctive relief was not automatically granted and required a showing of irreparable harm and lack of adequate legal remedy.
• Jerry T. O'Brien, Inc. v. Sec. & Exch. Comm'n
  704 F.2d 1065· 9th Cir.· 1983-04-25 ·cited 10×
  The court held that while subpoena enforcement proceedings provide an adequate legal remedy for challenges to subpoenas served directly on targets, they do not for challenges to third-party subpoenas unless the targets receive notice.
• United States v. City OF Painesville
  644 F.2d 1186· 6th Cir.· 1981-03-26 ·cited 10×
  The court held that the boiler was a 'new source' under the Clean Air Act and that an evidentiary hearing was not required before issuing an injunction for violations.
• Boyd v. Walker
  251 So. 2d 332· Fla. 3d DCA· 1971-06-22 ·cited 10×
  In this partnership dispute, a former law partner sued for an accounting of partnership profits after being excluded from the firm. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint stated a sufficient cause of action for an acc
• Trainor v. Mut. Life Ins. Co. of N.Y.
  131 F.2d 895· 7th Cir.· 1942-12-16 ·cited 10×
  For a breach of an insurance policy short of repudiation or abandonment, damages are limited to benefits in default at the commencement of the suit, plus premiums paid and interest.
• Meyer v. City OF Eufaula
  132 F.2d 648· 10th Cir.· 1942-12-16 ·cited 10×
  Federal equity jurisdiction does not provide a remedy for enforcing a state-created lien when the state has prescribed an exclusive statutory method for collection, even if that method is deemed inadequate by federal standards.
• Bryan v. Long
  14 Fla. 366· Fla.· 1874-01-01 ·cited 10×
  Long purchased a buggy and harness from Bryan on credit, signing a note that waived exemption protections. After judgment and levy by the sheriff, Long sought an injunction in equity to prevent the sale and return of the property. The Florida Supreme Court reversed, holding that
• Silverio Antonio Gonzalez Plaza v. Maria Gabriela Gonzalez Plaza
  78 So. 3d 4· Fla. 3d DCA· 2011-09-07 ·cited 9×
  The appellate court held that the trial court erred in granting a temporary injunction and appointing a receiver without making the required findings of fact regarding irreparable harm and risk of loss.
• Kountze v. Kountze
  20 So. 3d 428· Fla. 2d DCA· 2009-10-16 ·cited 9×
  Elizabeth Kountze and Charles Denman Kountze appealed a trial court order finding jurisdiction over them and requiring maintenance of the status quo of trust assets claimed by the estate's personal representative. The appellate court reversed and remanded because the trial court
• Airport Executive Towers v. CIG Realty, Inc.
  716 So. 2d 311· Fla. 3d DCA· 1998-07-29 ·cited 9×
  Airport Executive Towers appeals from a temporary injunction that restrained it from moving net proceeds from the sale of its real property out of Florida. The court reversed, holding that the injunction was an extraordinary remedy that CIG failed to justify because CIG had an ad
• Owens v. Euzema Smith and Irene Smith
  154 So. 2d 878· Fla. 1st DCA· 1963-06-25 ·cited 9×
  The court addresses whether an equity court can transfer a case to the law side after denying rescission and predetermine the defendant's liability before law-side proceedings. The court holds that while transfer is proper when equitable remedies become impractical, the equity co
• Mut. Benefit Health & Accident Ass'n v. Ott
  151 Fla. 185· Fla.· 1942-07-24 ·cited 9×
  Insurance companies sought to cancel life and disability insurance policies for fraud in procurement. The trial court dismissed the equity suits after the defendants changed the beneficiary during litigation, holding that the legal remedy then became adequate. The Florida Supreme
• Isom v. The Equitable Life Assurance Soc'y of the United States
  138 Fla. 260· Fla.· 1939-05-23 ·cited 9×
  The Florida Supreme Court affirmed a lower court's decree rescinding the disability and double indemnity provisions of a life insurance policy based on fraudulent misrepresentations in the application. The court held that an incontestability clause that explicitly excepted disabi
• Morris v. Ricks
  573 So. 2d 1029· Fla. 2d DCA· 1991-02-01 ·cited 8×
  Morris, a creditor who held stock as security for a defaulted loan, sought to sell the stock after the debtor's death. The estate objected and obtained a temporary restraining order, claiming the stock was unique and irreplaceable. The appellate court reversed, holding that the e
• Dade Cnty. v. McARTHUR Jersey Farm Dairy, Inc.
  214 So. 2d 362· Fla. 3d DCA· 1968-07-09 ·cited 8×
  A property taxpayer challenged a county's tax assessment of tangible personal property as excessive, filing both an equitable claim and a certiorari petition. The court held that while certiorari review under statute is available, equitable relief is not permitted when a statutor
• James v. Pa. Gen. Ins. Co.
  349 F.2d 228· D.C. Cir.· 1965-06-30 ·cited 8×
  The court held that the insured's right to a jury trial in a declaratory judgment action concerning insurance policy validity was not definitively resolved and requires further determination.
• Connell v. Theodor H. Mittendorf
  147 So. 2d 169· Fla. 2d DCA· 1962-11-14 ·cited 8×
  In this interlocutory appeal from denial of a motion to dismiss, the court held that a contractor's refusal to provide evidence that all material and labor bills were paid, combined with allegations of insolvency, stated a valid equitable cause of action for an accounting and rel
• The Miami Gas Co. v. Highleyman
  77 Fla. 523· Fla.· 1919-04-23 ·cited 8×
  The Miami Gas Company violated its franchise contract with the City of Miami by imposing a new 50-cent monthly meter charge on gas consumers, despite the contract fixing the price at $1.50 per thousand cubic feet. The Florida Supreme Court upheld an injunction prohibiting the com
• Chiron v. Isram Wholesale Tours & Travel Ltd.
  519 So. 2d 1102· Fla. 3d DCA· 1988-02-09 ·cited 7×
  Chiron appealed the dismissal of her breach of contract and fraud claims against a travel company, while the trial court properly dismissed her equitable accounting claim. The Third District Court of Appeal reversed the dismissals of the contract and fraud counts, finding them le
• The Foxboro Co. v. Arabian Am. OIL Co.
  805 F.2d 34· 1st Cir.· 1986-11-13 ·cited 7×
  The court held that a plaintiff seeking a preliminary injunction to prevent the honoring of an international letter of credit must demonstrate irreparable harm, which was not shown here.
• Anderson v. Town OF Groveland
  113 So. 2d 569· Fla. 2d DCA· 1959-07-08 ·cited 7×
  Anderson sought an injunction to prevent the Town of Groveland from taking land he claimed to own, which was platted as a street. The trial court dismissed his fourth amended complaint for failure to state a cause of action, but the appellate court reversed, holding that the comp
• The State ex rel. Henry Proseus v. Craft
  17 Fla. 722· Fla.· 1880-06-01 ·cited 7×
  A creditor sought mandamus to compel a sheriff to levy execution against real property titled in the debtor's wife's name. The Florida Supreme Court affirmed dismissal of the mandamus petition, holding that the creditor lacked a clear legal right to subject the property to execut
• Giller v. Giller
  319 So. 3d 690· Fla. 3d DCA· 2022-02-09 ·cited 6×
  Brian Giller appeals an omnibus order in trust litigation adjudicating motions filed by his adult children, Jason and Jamie Giller. The Third District Court of Appeal dismissed portions of the appeal as nonfinal and nonappealable, dismissed as moot the restraining order against G
• Rev Rec. Grp. v. LDRV Holdings Corp.
  259 So. 3d 232· Fla. 2d DCA· 2018-11-09 ·cited 6×
  REV Recreation Group appealed a temporary injunction order granting Lazydays exclusive dealership rights to sell certain recreational vehicle models. The court found that REV unlawfully allocated the 'Signature' and 'Marquis' models to competitor General RV when those models cons
• State v. Gainesville Woman Care LLC
  187 So. 3d 279· Fla. 1st DCA· 2016-02-26 ·cited 6×
  Florida appealed a trial court's temporary injunction blocking enforcement of a 2015 law imposing a 24-hour waiting period for abortion procedures. The appellate court reversed, finding the trial court's injunction order deficient in factual findings, evidentiary support, and leg
• Intercoastal Realty, Inc. v. Tracy
  2010 WL 1510848· S.D. Fla.· 2010-04-16 ·cited 6×
  The court held that a real estate company, as a third-party beneficiary, could not sue for breach of contract when the sale was to an LLC, not the individual named in the option, but could pursue claims for conspiracy to deprive a broker of commission and violation of FDUTPA.
• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n
  741 So. 2d 1201· Fla. 1st DCA· 1999-09-22 ·cited 6×
  Gary Powell petitioned for habeas corpus relief after the circuit court denied his motion for relief from judgment regarding a forfeiture of gain time by the Florida Department of Corrections. The appellate court denied the habeas corpus petition for lack of jurisdiction, holding
• Tudor Dev. Grp., Inc. v. United States Fid. & Guar. Co.
  968 F.2d 357· 3d Cir.· 1992-06-22 ·cited 6×
  The dissent argues that an issuer of a standby letter of credit may qualify for equitable subrogation in proper circumstances, and that the equities in this case warrant further factual determination.
• City OF Jacksonville v. C.J. Ventures, Inc.
  558 So. 2d 133· Fla. 1st DCA· 1990-03-12 ·cited 6×
  The City of Jacksonville and Sheriff McMillan appealed a temporary injunction that blocked enforcement of a municipal ordinance regulating Sunday sales of alcoholic beverages. The court affirmed the injunction, finding the ordinance's enforcement provision violated due process by
• Rebholz v. Picot B. Floyd
  327 So. 2d 806· Fla. 2d DCA· 1976-02-13 ·cited 6×
  The court held that the trial court erred in dismissing the petition for a writ of mandamus, as the existence of another remedy against a third party does not preclude the issuance of an alternative writ when officials have a clear duty to enforce zoning ordinances.
• Colony Hotel, Inc. v. Pokress
  88 So. 2d 618· Fla.· 1956-06-20 ·cited 6×
  A real estate broker sought a declaration of constructive trust against a hotel buyer, alleging the buyer fraudulently conspired with the seller to avoid paying the broker's commission. The Florida Supreme Court held that the broker failed to state a cause of action in equity bec
• ST. Lo Const. Co., Inc. v. Koenigsberger
  174 F.2d 25· D.C. Cir.· 1949-02-21 ·cited 6×
  The court held that the lower court erred in granting an injunction without considering the equitable factors and substantial changes in the neighborhood that might render the restrictive covenant unenforceable.
• Berrien v. Pollitzer
  165 F.2d 21· D.C. Cir.· 1947-12-15 ·cited 6×
  Equity jurisdiction is not limited to protecting property rights; it can protect personal rights, such as membership in a nonprofit organization, when legal remedies are inadequate.
• Williams v. Pub. Util. Protective League of Fla.
  130 Fla. 603· Fla.· 1938-01-12 ·cited 6×
  The Florida Supreme Court upheld an injunction preventing Miami's City Commission from settling or compromising litigation with Florida Power and Light Company in a manner that would defeat consumers' rights to a $3 million federal court judgment for electrical rate overcharges.
• The First Nat'l Bank of Leesburg v. MacKenzie
  100 Fla. 1674· Fla.· 1931-01-10 ·cited 6×
  The First National Bank of Leesburg sought to prevent the sale of stock certificates under a judgment execution against the estate of a decedent, while the decedent's widow (as executrix) claimed the stock was her individual property and sought an injunction in equity to prevent
• Orange Belt Land Exch., Inc. v. Speer
  100 Fla. 182· Fla.· 1930-07-19 ·cited 6×
  Orange Belt Land Exchange and the Drawdys appealed a decree canceling a bill of sale for livestock, a truck, and dairy equipment, contending the trial court lacked equity jurisdiction and the complainant had an adequate remedy at law. The Florida Supreme Court affirmed, holding t
• McQuaig v. The Seaboard Oil Co.
  96 Fla. 275· Fla.· 1928-07-19 ·cited 6×
  The McQuaigs appealed an injunction issued by a trial court preventing them from breaching an exclusive petroleum supply contract with Seaboard Oil Company. The Florida Supreme Court affirmed the injunction, holding that the exclusive dealing contract was not an illegal restraint
• J. S. Betts Co. v. S. Ga. Ry. Co.
  69 Fla. 46· Fla.· 1915-01-27 ·cited 6×
  The Florida Supreme Court affirmed the dissolution of a temporary injunction that sought to compel a railroad company to allow a logging company to operate trains on its tracks under a service contract. The court held that the logging company's multiple material breaches of the c
• The State of Fla. ex rel Charles E. Bradley v. Cone
  40 Fla. 409· Fla.· 1898-06-01 ·cited 6×
  The Florida Supreme Court held that mandamus is not an appropriate remedy to compel a sheriff to sell property under an execution when the sheriff refuses to do so. The court found that the judgment creditor has an adequate remedy at law against the sheriff for damages in such a
• Vicken Bedoyan v. Harout Samra
  352 So. 3d 361· Fla. 3d DCA· 2022-09-30 ·cited 5×
  This case involves a dispute between former business partners over an alleged oral partnership agreement. The appellate court affirmed the trial court's judgment, upholding the jury's finding of a partnership and breach of agreement, while also affirming directed verdicts against
• Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini
  283 So. 3d 972· Fla. 2d DCA· 2019-11-15 ·cited 5×
  # LEGAL BRIEF **Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini**, 2D18-2249 (Fla. App. 2d Dist. Nov. 15, 2019): The District Court of Appeal affirmed the circuit court's determination that Ciro Mancini, an executive chef, qualified as a shareholder of Villa Bellini and