Adequate Remedy At Law

1,012 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• O'Shea v. Littleton
  414 U.S. 488· U.S.· 1974-01-15 ·cited 1739×
  The court addressed a complex dispute involving multiple circuit courts over the guardianship of an incompetent person and his estate, seeking to untangle numerous legal proceedings.
• Kerr v. United States Dist. Court for the N. Dist. of Cal.
  426 U.S. 394· U.S.· 1976-06-14 ·cited 895×
  The Florida Supreme Court reviewed a certiorari petition concerning an administrative order that prohibited the Clerk of Court from issuing subpoenas duces tecum for discovery depositions in criminal cases without a judicial order.
• Martin-Johnson, Inc. v. Savage
  509 So. 2d 1097· Fla.· 1987-07-09 ·cited 840×
  The Florida Supreme Court held that appellate courts may not review by certiorari an interlocutory order denying a motion to strike a claim for punitive damages, resolving a conflict between district courts. The Court determined that petitioners have an adequate remedy through ap
• Douglas v. City OF Jeannette
  319 U.S. 157· U.S.· 1943-05-03 ·cited 830×
  Federal courts of equity should not restrain state criminal prosecutions absent a showing of irreparable injury, even if constitutional rights are implicated, as such issues can be determined in the state criminal proceedings.
• Juidice v. Vail
  430 U.S. 327· U.S.· 1977-03-22 ·cited 829×
  The Court should have abstained under Pullman doctrine pending state court construction of the statute.
• Great Lakes Dredge & Dock Co. v. Huffman
  319 U.S. 293· U.S.· 1943-05-24 ·cited 725×
  Federal courts should exercise discretion to deny declaratory relief when a state provides an adequate remedy for tax recovery, even if the merits of the claim are not considered.
• Smyth v. Ames
  169 U.S. 466· U.S.· 1898-03-07 ·cited 664×
  Railroad companies challenged Nebraska's law fixing maximum freight rates, arguing the statute violated their constitutional property rights by not allowing just compensation. The Supreme Court held that while states may regulate railroad rates for intrastate transportation, such
• Ala. Pub. Serv. Comm'n v. S. Ry. Co.
  341 U.S. 341· U.S.· 1951-05-21 ·cited 508×
  A federal court should, as a matter of sound equitable discretion, decline to exercise jurisdiction to enjoin a state administrative order when adequate state court review is available to protect federal rights.
• Trainor v. Hernandez et ux.
  431 U.S. 434· U.S.· 1977-05-31 ·cited 442×
  The Court's opinion, which this concurrence joins, reversed and remanded the case, finding that abstention under Younger v. Harris was appropriate due to a pending state proceeding and the State's substantial sovereign interest.
• William B. Shields and others v. Barlow
  17 How. 130· U.S.· 1854-12-01 ·cited 429×
  In this equity suit involving a compromised land sale contract, the Supreme Court reversed the circuit court's decree and dismissed all bills because essential parties to the contract were not properly before the court and the lower court lacked jurisdiction to grant the relief r
• Aircraft & Diesel Equip. Corp. v. Hirsch
  331 U.S. 752· U.S.· 1947-06-16 ·cited 419×
  The Court held that the District Court correctly dismissed the complaint because the appellant failed to exhaust its administrative remedies by not allowing the Tax Court to fully perform its functions before seeking judicial intervention.
• State v. Pettis
  520 So. 2d 250· Fla.· 1988-01-21 ·cited 398×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding whether the state may petition for common law certiorari to review pretrial orders in criminal cases. The Court held that while the state cannot use certiorari to circumvent the absence of a
• Toomer v. Witsell
  334 U.S. 385· U.S.· 1948-06-07 ·cited 306×
  South Carolina exceeded its power by attempting to control interstate commerce in shrimp, which is governed by the Commerce Clause, not the Privileges-and-Immunities Clause.
• Morales v. Trans World Airlines, Inc.
  504 U.S. 374· U.S.· 1992-06-01 ·cited 292×
  State enforcement of airline fare advertising guidelines through general consumer protection statutes is pre-empted by the Airline Deregulation Act of 1978, as such guidelines 'relate to' airline rates, routes, or services.
• Commissioner of Internal Revenue v. Shapiro et ux.
  424 U.S. 614· U.S.· 1976-03-08 ·cited 238×
  The dissenting Justices would have affirmed the District Court's dismissal of the complaint.
• Shaffer v. Carter
  252 U.S. 37· U.S.· 1920-03-01 ·cited 223×
  Oklahoma's state income tax law, which imposed taxes on non-residents' incomes derived from property and business conducted within the state, did not violate the Due Process Clause, Equal Protection Clause, Privileges and Immunities Clause, or the Commerce Clause of the U.S. Cons
• Petroleum Exploration, Inc. v. Pub. Serv. Comm'n
  304 U.S. 209· U.S.· 1938-05-02 ·cited 197×
  Petroleum Exploration, Inc., a gas company, sought federal equity relief to enjoin Kentucky's Public Service Commission from investigating its wholesale gas rates, arguing the Commission lacked jurisdiction and that compliance would cost $25,000 in irreparable expense. The Suprem
• Alexander v. "americans United" Inc.
  416 U.S. 752· U.S.· 1974-05-15 ·cited 195×
  A suit to restore tax-exempt status, which indirectly restrains the assessment or collection of taxes from contributors, is barred by the Anti-Injunction Act.
• Roland Mach. Co. v. Dresser Indus., Inc.
  749 F.2d 380· 7th Cir.· 1984-08-31 ·cited 189×
  The court held that the standard for granting and reviewing preliminary injunctions is complex and often inconsistently applied, but requires balancing irreparable harm, likelihood of success, and public interest.
• Gunter v. Atl. Coast Line R.R. Co.
  200 U.S. 273· U.S.· 1906-01-15 ·cited 186×
  South Carolina's Attorney General and county tax officials sought to collect back taxes from the Atlantic Coast Line Railroad Company for property that had been exempted from taxation under a charter contract upheld in an earlier 1872 Supreme Court decision (Pegues case). The Cou
• Bitterman v. Louisville & Nashville R.R. Co.
  207 U.S. 205· U.S.· 1907-12-02 ·cited 177×
  The Louisville and Nashville Railroad Company sought to enjoin dealers from purchasing and reselling its non-transferable reduced-rate excursion tickets, which violated the tickets' transfer restrictions and injured the railroad's revenue. The Supreme Court affirmed the injunctio
• Hynes v. Grimes Packing Co.
  337 U.S. 86· U.S.· 1949-05-31 ·cited 173×
  The dissenting opinion argues that the amended regulations are not void and that the White Act sanctions can be applied to enforce the reservation, as the White Act proviso does not apply to valid Indian reservations.
• Root v. Ry. Co.
  105 U.S. 189· U.S.· 1881-10-01 ·cited 160×
  The executor of a patent assignee filed an equity suit to recover profits realized by a railroad company from infringing the patent during a specified period, but did not allege facts establishing the amount of infringement or seeking injunctive relief. The Supreme Court held tha
• Gentry-Futch Co. v. Gentry
  90 Fla. 595· Fla.· 1925-11-23 ·cited 159×
  In this corporate governance dispute, the Florida Supreme Court held that while an equity court properly dissolved an injunction and determined that certain stockholder meetings were invalid, it exceeded its jurisdiction by decreeing that the removed officer be restored to his po
• Langley v. Irons Land & Dev. Co.
  94 Fla. 1010· Fla.· 1927-12-06 ·cited 143×
  Mary Neal Langley contracted to purchase a lot in a Florida subdivision based on the seller's agent pointing out what the buyer believed was Lot 10, Block 35, but discovered months later that she had actually contracted for a different, less valuable lot. The Florida Supreme Cour
• Holman Willis v. Mrs. M. C. Fowler
  102 Fla. 35· Fla.· 1931-06-17 ·cited 142×
  Willis sued in equity to rescind a contract for purchase of a syndicate interest allegedly procured through fraud, seeking return of $6,666.67 paid to Fowler. The Florida Supreme Court held that equity has jurisdiction to rescind parol contracts based on fraud and that the bill s
• The State of Pa. v. The Wheeling & Belmont Bridge Co.
  13 How. 518· U.S.· 1852-03-02 ·cited 140×
  Pennsylvania sued to enjoin the Wheeling and Belmont Bridge Company from operating a bridge across the Ohio River at Wheeling, Virginia, claiming it obstructed river navigation and damaged Pennsylvania's canal and railroad systems that depended on free navigation. The Supreme Cou
• Cleary v. Bolger
  371 U.S. 392· U.S.· 1963-01-14 ·cited 120×
  The Supreme Court held that a federal court should not have issued an injunction against a state official to prevent him from testifying in a state criminal proceeding, even if federal officers' conduct leading to the evidence was questionable.
• Williams v. Bailey
  69 Fla. 225· Fla.· 1915-02-23 ·cited 117×
  Williams and Hardee, attorneys for Mrs. Bailey, sued to enforce an alleged parol agreement whereby Mrs. Bailey would convey to them 200 acres of land in exchange for $300 and a quit-claim deed to 160 acres. The Florida Supreme Court affirmed the trial court's dismissal, holding t
• Lawson Prods., Inc. v. Avnet, Inc.
  782 F.2d 1429· 7th Cir.· 1986-02-10 ·cited 116×
  The court held that the district court did not err in denying the preliminary injunction, affirming that preliminary injunction decisions involve significant discretion for the district judge and are reviewed with deference.
• Charles Sales Corp. v. Rovenger
  88 So. 2d 551· Fla.· 1956-06-15 ·cited 109×
  Charles Sales Corporation sought to quash interrogatories in an equity suit for accounting, arguing they were premature and irrelevant. The Florida Supreme Court held that discovery regarding the detailed accounting must be deferred until the preliminary issue of the plaintiff's
• Detroit v. Detroit Citizens' St. Ry. Co.
  184 U.S. 368· U.S.· 1902-03-03 ·cited 102×
  Detroit entered into binding contractual agreements with street railway companies through ordinances establishing fare rates, and the city was subsequently prohibited from unilaterally reducing those rates through new ordinances in 1899 because such reductions violated the Contra
• Atl. Coast Line R.R. Co. v. Daughton
  262 U.S. 413· U.S.· 1923-06-04 ·cited 99×
  Four interstate railroad companies challenged North Carolina's net income tax statute, arguing it violated the Commerce Clause, the Fourteenth Amendment's equal protection guarantee, and the state constitution by excluding certain capital charges and rental payments as deductions
• Williams v. Dormany
  99 Fla. 496· Fla.· 1930-03-10 ·cited 88×
  The Florida Supreme Court partially reversed a permanent injunction against county commissioners and a cattle impounding officer, holding that while the underlying statute creating the impounding officer position was unconstitutional due to improper legislative notice and violati
• Am. Hosp. Supply Corp. & Am. v. Mueller
  780 F.2d 589· 7th Cir.· 1986-01-02 ·cited 87×
  The court affirmed the preliminary injunction, finding that the distributor demonstrated a threat of irreparable harm due to the supplier's insolvency and that the district court properly balanced the harms.
• The Pullman Co. v. Fleishel
  101 So. 2d 188· Fla. 1st DCA· 1958-03-18 ·cited 87×
  Certiorari is denied because an order denying a motion for summary judgment in a law action is not reviewable by common law certiorari as there is an adequate remedy by appeal after final judgment.
• Jack Kahn Music Co., Inc. v. Baldwin Piano & Organ Co.
  604 F.2d 755· 2d Cir.· 1979-08-01 ·cited 86×
  A preliminary injunction freezing a dealership into a non-revocable status is improper when the dealer fails to demonstrate a probability of irreparable injury and the balance of hardships does not decidedly tip in their favor.
• IN & FOR NEW Castle Cnty. David A. Loppert
  Del. Ch.· 2004-06-25 ·cited 83×
  The Court granted the plaintiff's motion for summary judgment, finding that a binding and enforceable settlement agreement was formed. The Court held that the parties' overt manifestations of assent, particularly the agreement on the number of stock options, demonstrated a meetin
• Lewis v. Baune
  534 F.2d 1115· 5th Cir.· 1976-07-06 ·cited 83×
  The court held that the district court erred in issuing a temporary restraining order and permanent injunction because there was no showing of irreparable injury, and therefore, the subsequent civil contempt judgment was also invalid.
• Felter v. S. Pac. Co.
  359 U.S. 326· U.S.· 1959-04-27 ·cited 81×
  The court should affirm the dismissal of the petition for declaratory judgment and injunction because the circumstances do not warrant judicial intervention and the petitioner could have avoided any alleged harm.
• Oscar T. Johnson et ux. v. Alfred B. Killian et ux.
  157 Fla. 754· Fla.· 1946-07-16 ·cited 81×
  The Florida Supreme Court reversed a decree granting a mandatory injunction to remove a cement block garage that had encroached onto the neighboring property, holding that the remedy was too drastic under the circumstances and that the property owners had an adequate remedy at la
• Sparkman v. Cnty. Budget Comm'n
  103 Fla. 242· Fla.· 1931-10-22 ·cited 80×
  A Hillsborough County tax assessor sought to enjoin the County Budget Commission from operating under Florida's 1931 budget control statutes, claiming the acts violated the state constitution. The Florida Supreme Court upheld the statutes as valid general laws that properly class
• Pittsburgh C. Railway v. Bd. of Pub. Works of W. Va.
  172 U.S. 32· U.S.· 1898-11-28 ·cited 80×
  A railroad company challenged a West Virginia tax assessment on its bridge spanning the Ohio River between West Virginia and Ohio, seeking an injunction to restrain the tax collection. The Supreme Court affirmed the dismissal of the suit, holding that a taxpayer cannot obtain an
• Blanche Pepple v. Rogers
  104 Fla. 462· Fla.· 1932-03-16 ·cited 79×
  Pepple sued in equity to rescind a note and land purchase contract procured through fraud by the Howey Company and to enjoin collection efforts by Rogers, the alleged assignee. The trial court sustained a demurrer and granted pleas of privilege as to venue, but the Florida Suprem
• Newman v. State OF Ala.
  683 F.2d 1312· 11th Cir.· 1982-08-09 ·cited 78×
  The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
• Beta ETA House Corp. v. Gregory
  230 So. 2d 495· Fla. 1st DCA· 1970-01-20 ·cited 77×
  The court held that a premises liability insurance carrier can be joined as a defendant in a negligence action against its insured, extending principles established in automobile liability cases to all types of liability insurance. The decision affirms the trial court's denial of
• Sawyer v. Gustason
  96 Fla. 6· Fla.· 1928-06-13 ·cited 77×
  The Florida Supreme Court affirmed an order vacating a default decree in a quiet title suit where the defendant, a nonresident in actual possession of the property, was not properly informed of the suit. The court held that while the decree appeared valid on its face, it was void
• Kanatser v. Chrysler Corp.
  199 F.2d 610· 10th Cir.· 1952-08-28 ·cited 76×
• Hunsucker v. Phinney
  497 F.2d 29· 5th Cir.· 1974-07-10 ·cited 74×
• Hull v. Burr
  58 Fla. 432· Fla.· 1909-06-01 ·cited 74×
  The Florida Supreme Court affirmed the lower court's decision overruling demurrers to a bill in equity filed by a bankruptcy trustee against Joseph Hull. The court held that a deed and contemporaneous agreement whereby Hull took legal title to property while the bankrupt corporat