Adequacy Of Legal Remedy

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

• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• Senter v. JPMorgan Chase Bank, N.A.
  810 F. Supp. 2d 1339· S.D. Fla.· 2011-08-09 ·cited 5×
  The court held that the plaintiffs failed to adequately plead consideration to establish a valid contract for a loan modification, and that the agreements were unenforceable agreements to agree due to indefinite terms.
• Kirkland v. Peoplessouth Bank
  70 So. 3d 662· Fla. 1st DCA· 2011-06-28 ·cited 5×
  The appellate court affirmed the trial court's order quieting title to property but reversed and remanded the order granting a permanent injunction due to insufficient reasoning provided by the trial court.
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 5×
  A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the inj
• Temistocles Ramirez de Arellano v. Caspar W. Weinberger
  724 F.2d 143· D.C. Cir.· 1983-12-22 ·cited 5×
  The court held that while the case is not a nonjusticiable political question, injunctive and declaratory relief are inappropriate due to foreign affairs concerns and the availability of monetary relief under the Tucker Act.
• Am. Broad. Cos., Inc. v. Cuomo
  570 F.2d 1080· 2d Cir.· 1977-09-21 ·cited 5×
  The court held that excluding ABC's management crew from campaign activities under threat of arrest for criminal trespass violates the First Amendment and warrants federal injunctive relief, reversing the lower court's dismissal.
• Hogan v. Norfleet
  113 So. 2d 437· Fla. 2d DCA· 1959-06-26 ·cited 5×
  Specific performance may be granted for contracts involving unique personal property, such as a business with good will and a franchise, where damages are not readily ascertainable.
• Willingham v. Ziba King
  23 Fla. 478· Fla.· 1887-06-01 ·cited 5×
  William W. Willingham, imprisoned for life, sought an injunction to prevent his wife's sale of his cattle to Ziba King. The Florida Supreme Court affirmed dismissal of the bill, holding that the suit was improperly brought and that the matter was one for common law remedy, not eq
• Biscayne BAY Pilots, Inc. v. Fla. Caribbean-Cruise Ass'n
  160 So. 3d 559· Fla. 1st DCA· 2015-04-08 ·cited 4×
  Biscayne Bay Pilots challenged a Committee's denial of their motion to disqualify two cruise line executives serving on the Pilotage Rate Review Committee from voting on an application to reduce cruise ship pilotage rates. The First District Court of Appeal denied the petition fo
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• Sensormatic Elecs. Corp. v. Tag Co. US, LLC
  632 F. Supp. 2d 1147· S.D. Fla.· 2008-12-19 ·cited 4×
  The court found that the defendants failed to prove by clear and convincing evidence that the asserted patent claims were inherently anticipated or barred by prior sale. The court also found that the defendants stipulated to infringement.
• Phillips v. Greene
  994 So. 2d 371· Fla. 3d DCA· 2008-09-24 ·cited 4×
  Phillips and Cindy's Signs, Inc. appealed the trial court's denial of their motion to vacate the appointment of a receiver in a corporate dissolution dispute. The court reversed, holding that the receiver's appointment violated procedural requirements because it lacked notice, a
• Young v. Georgia-Pacific Corp.
  825 So. 2d 1044· Fla. 1st DCA· 2002-09-13 ·cited 4×
  The court denied petitioners' petition for extraordinary writ challenging a DEP permit decision, holding that petitioners have an adequate legal remedy through direct appeal of the final order rather than extraordinary writ relief.
• Mid-America Pipeline Co. v. Lario Enters., Inc.
  942 F.2d 1519· 10th Cir.· 1991-08-30 ·cited 4×
  The court held that the asphalt racetracks and increased overburden materially interfere with MAPCO's easement rights, and that damages are an inadequate remedy, thus reversing the denial of a mandatory injunction.
• Multnomah Legal Servs. Workers Union v. Legal Servs. Corp.
  936 F.2d 1547· 9th Cir.· 1991-06-25 ·cited 4×
  The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
• Black Fire Fighters Ass'n OF Dallas v. City OF Dallas
  905 F.2d 63· 5th Cir.· 1990-06-21 ·cited 4×
• Belle Fourche Pipeline Co. v. United States & Fed. Energy Regulatory Comm'n
  751 F.2d 332· 10th Cir.· 1984-12-27 ·cited 4×
  The court held that the district court lacked subject matter jurisdiction to entertain a pre-enforcement suit challenging agency subpoenas because the plaintiffs had an adequate legal remedy in a subsequent enforcement action.
• The Chase Manhattan Bank, N.A. v. Turabo Shopping Ctr., Inc.
  683 F.2d 25· 1st Cir.· 1982-07-23 ·cited 4×
  The court held that the district court did not abuse its discretion in appointing a receiver pendente lite in a mortgage foreclosure action, based on equitable grounds.
• Harris v. Lenora Pollock
  480 F.2d 42· 10th Cir.· 1973-06-11 ·cited 4×
  The court held that a federal diversity suit for equitable relief concerning estate assets is permissible even with a pending state probate proceeding, as long as the state court does not have actual possession of the disputed property.
• Ammerman v. City Stores Co.
  394 F.2d 950· D.C. Cir.· 1968-04-04 ·cited 4×
  The court held that the letter constituted a binding option-lease agreement, sufficiently definite for specific performance, and that damages were an inadequate remedy.
• Walker v. Internal Revenue Serv.
  333 F.2d 768· 9th Cir.· 1964-06-16 ·cited 4×
  The court held that the district court lacked jurisdiction to enjoin the collection of federal income taxes because the taxpayer failed to demonstrate that her legal remedies were inadequate.
• State v. Gomez
  131 Fla. 385· Fla.· 1938-01-05 ·cited 4×
  The Florida Supreme Court granted a writ of prohibition to prevent a circuit court judge from exercising jurisdiction over petitions seeking attorneys' fees and costs related to a restraining order in an insolvent banking company liquidation. The Court held that absent fraud, a c
• McCUE v. Heritage Farms Prop. Ass'n, Inc.
  141 So. 3d 672· Fla. 2d DCA· 2014-06-20 ·cited 3×
  The appellate court held that the trial court erred in granting a temporary injunction without specifying the reasons for its entry, as required by rule.
• Vagabond Travel & Tours, Inc. v. Universal Inns OF Am., Inc.
  440 So. 2d 482· Fla. 2d DCA· 1983-11-04 ·cited 3×
  Vagabond Travel sought specific performance for an alleged contract to rent 150 hotel rooms during the 1984 Super Bowl. The trial court granted summary judgment for Universal Inns, finding hotel rooms are not unique and Vagabond had an adequate remedy at law through damages. The
• Zetrouer v. Zetrouer
  110 Fla. 312· Fla.· 1933-05-24 ·cited 3×
  A wife sued her husband in equity to enforce payment of a promissory note. The husband challenged an amendment to the complaint that alleged the loaned funds came from money held by the wife in her capacity as guardian of a minor child's estate. The Florida Supreme Court held the
• James and Melanie Nipper v. Walton Cnty.
  208 So. 3d 331· Fla. 1st DCA· 2017-01-17 ·cited 2×
  The Florida District Court of Appeal reversed a permanent injunction that enjoined the Nippers from operating a skydiving business on their agricultural property in Walton County. The court held that Walton County failed to demonstrate a clear legal right to injunctive relief, pa
• Richland Towers, Inc. v. Denton
  139 So. 3d 318· Fla. 2d DCA· 2014-03-12 ·cited 2×
  Richland Towers appealed the denial of a temporary injunction to enforce restrictive covenants and confidentiality provisions in employment agreements with former employees Denton and West. The court reversed, holding that the restrictive covenants were enforceable independent co
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Goppert v. Goppert
  642 So. 2d 589· Fla. 4th DCA· 1994-08-24 ·cited 2×
  In this divorce alimony modification case, the Fourth District Court of Appeal reversed a judgment on the pleadings that had upheld a non-modification clause in a marital settlement agreement, holding that principles of contract rescission and equitable estoppel may nevertheless
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  858 F.2d 1339· 8th Cir.· 1988-10-14 ·cited 2×
  The court should have applied Nebraska law as per the parties' agreement, and affirmed the district court's denial of injunctive relief.
• Ponchik v. Commissioner OF Internal Revenue
  854 F.2d 1127· 8th Cir.· 1988-08-31 ·cited 2×
  The court held that the taxpayer's claim for injunctive relief against tax collection could proceed under a judicial exception to the anti-injunction act because the IRS's assessment was demonstrably erroneous and the taxpayer would suffer irreparable harm.
• Simpson v. Simpson
  524 So. 2d 1124· Fla. 5th DCA· 1988-05-12 ·cited 2×
  The court held that the ex-wife's Count III was insufficient to state a cause of action for injunctive relief and that the trial court erred in granting such relief without proper notice, hearing, or bond.
• Ebsco Indus., Inc. v. Lilly
  840 F.2d 333· 6th Cir.· 1988-02-23 ·cited 2×
  A preliminary injunction may be granted to preserve assets if the legal remedy of attachment under Rule 64 is demonstrably inadequate, even if attachment is generally available.
• Design PAK, Inc. v. Secretary OF the Treasury
  801 F.2d 525· 1st Cir.· 1985-12-12 ·cited 2×
  The court held that Design Pak failed to demonstrate entitlement to an injunction pending appeal, denying its request.
• Merritt v. Smith
  446 So. 2d 263· Fla. 2d DCA· 1984-03-09 ·cited 2×
  The Merritts sold their laundry and dry cleaning business to the Smiths under a contract containing a five-year non-compete covenant for Sarasota County. When the Smiths sued for alleged breach, the trial court entered default judgment against the Merritts for $20,000 based on tr
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Tri-Plaza Corp. & Don T. Davis v. Field
  382 So. 2d 330· Fla. 4th DCA· 1980-01-23 ·cited 2×
  Tri-Plaza Corporation and Don T. Davis appealed a trial court order granting a temporary mandatory injunction that appointed a trustee to manage promissory note payments in a real estate dispute. The Fourth District Court of Appeal reversed, finding the trial court abused its dis
• Int'l Westminster Bank Ltd. & Coutts & Co. v. Fed. Deposit Ins. Corp.
  509 F.2d 641· 9th Cir.· 1975-01-08 ·cited 2×
  The court held that the appellants' complaint failed to state a claim for equitable relief due to lack of alleged irreparable harm and inadequate legal remedy, but erred in dismissing the action without allowing an opportunity to amend.
• Automated Mktg. Sys., Inc. v. Martin
  467 F.2d 1181· 10th Cir.· 1972-10-05 ·cited 2×
  The court held that the trial court did not err in denying appellant's request for a preliminary injunction.
• James v. Pa. Gen. Ins. Co.
  371 F.2d 736· D.C. Cir.· 1966-11-22 ·cited 2×
  The concurring judge reluctantly agrees to a further remand, despite believing the case should not have been remanded initially.
• Welch v. Graves Bros. Co.
  117 So. 2d 853· Fla. 2d DCA· 1960-01-13 ·cited 2×
  The court held that if a complaint states any grounds for equitable relief, equity jurisdiction is established and should be retained, even if some claims might have an adequate remedy at law.
• Frank E. Wood Co. v. Charles Broadway Rouss, Inc.
  110 Fla. 16· Fla.· 1933-05-01 ·cited 2×
  The Florida Supreme Court reversed an order overruling a demurrer, holding that a bill for specific performance of a contract to purchase a promissory note was not maintainable because the note and its security were worthless at the time of the alleged breach, meaning there was a
• Duell v. Greiner (two cases)
  S.D. Fla.· 1926-09-29 ·cited 2×
  District court denied plaintiff's motion to strike defendant's equitable plea in a common-law promissory note action, holding that a defendant may raise equitable defenses including partnership claims and bring in new parties under Section 274b of the Judicial Code.
• A. Guerra & J. Franquiz v. Nistal
  66 Fla. 579· Fla.· 1914-01-09 ·cited 2×
  Guerra and Franquiz sought to enjoin a distress-for-rent judgment and sale of personal property that was subject to their mortgage foreclosure. The Florida Supreme Court affirmed the trial court's dissolution of the injunction, holding that an independent bill in equity was impro
• Chiles v. Straw
  66 Fla. 48· Fla.· 1913-06-25 ·cited 2×
  This case involves a contract dispute where the Florida Supreme Court affirmed the lower court's decision to overrule a general demurrer to a bill of complaint. The court found that equity appeared in the allegations, suggesting the remedy at law might not be adequate.
• Carlton Owens v. State
  314 So. 3d 478· Fla. 3d DCA· 2020-12-02 ·cited 1×
  The appellate court dismissed a petition for a writ of prohibition, finding that a direct appeal is the proper remedy for reviewing a trial court's denial of a pretrial motion to dismiss based on undisputed facts not establishing a prima facie case of guilt. The court emphasized
• Howell v. Orange Lake Country Club, Inc.
  303 So. 3d 1009· Fla. 5th DCA· 2020-10-01 ·cited 1×
  The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
• Waters v. Inch
  266 So. 3d 1216· Fla. 1st DCA· 2019-01-25 ·cited 1×
  James Levoy Waters appealed the dismissal of his mandamus petition against GEO Group, Inc. and the Florida Department of Corrections, alleging they failed to follow administrative code rules governing the impounding and return of inmate personal property, specifically a folder co
• Captain Romine v. Allen
  262 So. 3d 855· Fla. 1st DCA· 2018-12-28 ·cited 1×
  While trial courts must screen claims in amended complaints filed by indigent prisoners under section 57.085(6), mandamus relief is not available when defendants have an adequate alternative remedy, such as seeking a ruling on legal sufficiency through motion practice.