Adequate Remedy At Law

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

• City of Winter Haven v. Summerlin
  114 Fla. 727· Fla.· 1934-05-10 ·cited 8×
  The Florida Supreme Court affirmed the denial of a motion to dismiss in an equity suit brought by a bondholder against the City of Winter Haven and its officials to compel an accounting of municipal certificates of indebtedness that had been pledged as security for bonds. The cou
• Amos v. Powell
  108 Fla. 139· Fla.· 1933-01-25 ·cited 8×
  The Florida Supreme Court quashed a writ of certiorari, holding that the State Comptroller, though not a direct party, is bound by decrees against a bank liquidator, who acts as his legal representative. The Comptroller's proper recourse for challenging such decrees is an appeal,
• McClelland v. Marion Holding Co., Inc.
  103 Fla. 646· Fla.· 1931-11-23 ·cited 8×
  The Florida Supreme Court reversed an order overruling a demurrer to a bill of complaint seeking to enjoin a sale of property levied upon under a pluries execution. The court held that the complainants lacked equity to restrain the sale because they had adequate remedies at law a
• Bennett v. Bogue
  88 Fla. 109· Fla.· 1924-06-25 ·cited 8×
  This case concerns whether a creditor can use an injunction to prevent a debtor from claiming certain stock as exempt from a forced sale. The court affirmed the denial of a motion to dissolve the injunction, finding that equity courts have jurisdiction over such matters.
• White v. State of Fla. ex rel.
  77 Fla. 528· Fla.· 1919-04-29 ·cited 8×
  This case addresses whether a county court in Florida exceeded its jurisdictional authority in a replevin action for $300 worth of property plus $200 in damages. The Florida Supreme Court held that the county court properly exercised jurisdiction because the total judgment of $50
• St. Elmo Massengale v. O'Hara
  63 Fla. 521· Fla.· 1912-01-01 ·cited 8×
  Massengale, who had contracted with Talbot to advertise and share profits from land sales, sued O'Hara claiming that O'Hara breached an implied trust relationship by acquiring Talbot's option without protecting Massengale's interests. The Florida Supreme Court affirmed dismissal,
• B. G. Lockett & Co. v. Robinson
  31 Fla. 134· Fla.· 1893-01-01 ·cited 8×
  This case addresses whether a contractor's lien claimant can proceed in equity against an assignee for the benefit of creditors when the statutory lien remedy becomes inadequate due to the sale of the liened property. The Florida Supreme Court reversed the lower court's dismissal
• City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Tr. & Plan
  249 So. 3d 709· Fla. 3d DCA· 2018-06-06 ·cited 7×
  The trial court erred in denying the City's motion for temporary injunctive relief because the 2010 pension ordinance remained valid and enforceable, the Board lacked unilateral authority to restore pre-2010 pension benefits absent a final court order invalidating the ordinance,
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Shiva Stein v. BBX Cap. Corp.
  241 So. 3d 874· Fla. 4th DCA· 2018-03-21 ·cited 7×
  A shareholder challenging a merger cannot avoid the statutory appraisal remedy by alleging breach of fiduciary duty unless the complaint sets forth specific ultimate facts of fraud, material misrepresentation, self-dealing, or deliberate waste of corporate assets that would make
• Bautista REO U.S., LLC v. ARR Invs., Inc.
  229 So. 3d 362· Fla. 4th DCA· 2017-07-19 ·cited 7×
  Bautista REO U.S., LLC appeals a trial court's order granting a temporary injunction that required it to release a $250,000 collateral mortgage. The Fourth District Court of Appeal reversed, finding that ARR Investments failed to establish irreparable harm and that an adequate re
• Transunion Risk & Alternative Data Solutions, Inc. v. Reilly
  181 So. 3d 548· Fla. 4th DCA· 2015-12-02 ·cited 7×
  TransUnion Risk and Alternative Data Solutions appealed the denial of a preliminary injunction to enforce a non-compete agreement against former employee James Reilly. The Fourth District Court of Appeal reversed and remanded, holding that the trial court misapplied the statutory
• Managed Care Solutions, Inc. v. Essent Healthcare, Inc.
  694 F. Supp. 2d 1275· S.D. Fla.· 2010-01-25 ·cited 7×
  A claim for equitable accounting will be dismissed if the plaintiff has an adequate remedy at law, and the accounts are not so complex as to be beyond a jury's comprehension.
• Rayl Lynn Kellar v. Moore
  820 So. 2d 1015· Fla. 1st DCA· 2002-07-01 ·cited 7×
• W. Allis Mem'l Hosp., Inc. v. Bowen
  852 F.2d 251· 7th Cir.· 1988-07-14 ·cited 7×
  The court held that the plaintiff lacked standing to seek injunctive relief under the Medicare anti-fraud statute and that the district court erred in failing to recognize statutory authority to enjoin antitrust violations. The court affirmed the denial of injunctive relief for t
• Hembree v. Bradley
  528 So. 2d 116· Fla. 1st DCA· 1988-07-13 ·cited 7×
  Appellants appeal a summary judgment granting specific performance of a contract for sale and purchase of real property. The court reversed, finding genuine disputes of material fact regarding whether the transaction was a disguised loan subject to usury laws and whether appellan
• Dep't of Health & Rehabilitative Servs. of the State of Fla. v. Myron Weinstein
  447 So. 2d 345· Fla. 4th DCA· 1984-02-29 ·cited 7×
• N. Dade Water Co. v. Adken Land Co., Inc.
  130 So. 2d 894· Fla. 3d DCA· 1961-05-25 ·cited 7×
  North Dade Water Company and the City of North Miami Beach discharged sewage effluent from a treatment plant into lakes owned by Adken Land Company, creating a private nuisance and trespass. The trial court permanently enjoined this discharge, and the appellate court affirmed, ho
• Fleming v. State Rd. Dep't of the State of Fla.
  157 Fla. 170· Fla.· 1946-03-08 ·cited 7×
  The Florida Supreme Court held that property owners abutting a state highway have a right to convenient ingress and egress facilities, and may seek equitable relief when a public authority materially abridges these rights. The court reversed a dismissal of a bill of complaint see
• LaFayette Land Co. v. Caswell
  59 Fla. 544· Fla.· 1910-01-01 ·cited 7×
  LaFayette Land Company appealed the Circuit Court's overruling of its demurrer to an equitable action by Caswell & Knight to remove clouds on their timber title and enjoin trespass. The Florida Supreme Court affirmed, holding that a deed made to a firm by its firm name without in
• People's Tr. Ins. Co. v. Acosta
  259 So. 3d 179· Fla. 3d DCA· 2018-10-10 ·cited 6×
  A temporary injunction compelling insureds to execute a work authorization and submit to appraisal under an election-to-repair clause is not warranted because the insurer has adequate remedies at law, including abatement of the insureds' lawsuit, declaratory relief, and money dam
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Sammie Invs. v. Strategica Cap. Assocs.
  247 So. 3d 596· Fla. 3d DCA· 2018-05-09 ·cited 6×
  A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
• Oreal v. Steven Kwartin, P.A.
  189 So. 3d 964· Fla. 4th DCA· 2016-03-30 ·cited 6×
  In a consolidated probate appeal, the Fourth District Court of Appeal held that a probate court lacks equitable authority to reduce interest owed on a promissory note through a setoff remedy when the estate failed to timely object to the claim. The court reversed the probate cour
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• Sacred Fam. Invs., Inc. v. Doral Supermarket, Inc.
  20 So. 3d 412· Fla. 3d DCA· 2009-10-14 ·cited 6×
  Sacred Family Investments appeals from an order temporarily enjoining construction of a bank building on leased parking spaces and ordering restoration of the parking lot. The court affirmed the injunction against further construction but reversed the order requiring restoration
• Barnes v. Diamond Aircraft Indus., Inc.
  499 F. Supp. 2d 1311· S.D. Fla.· 2007-07-25 ·cited 6×
  The court held that the reservation agreement did not constitute a binding contract for a specific aircraft due to undefined essential terms and that the defendant was permitted to change specifications and price under the agreement's express terms.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem
• City OF Dania Beach v. Konschnik
  763 So. 2d 555· Fla. 4th DCA· 2000-08-02 ·cited 6×
  The City of Dania Beach appealed a temporary injunction order requiring it to reopen an alleyway behind the Konschniks' property. The trial court granted the injunction despite finding no irreparable harm, reasoning that the alleyway's reopening was necessary for the appellees' b
• LaRoche v. Denny's, Inc.
  62 F. Supp. 2d 1366· S.D. Fla.· 1999-07-26 ·cited 6×
  The court held that while the December 19, 1997 incident did not present sufficient evidence of discrimination to proceed, the January 2, 1998 incident, involving a manager's discriminatory remarks and actions, could lead to vicarious liability for the employer under agency princ
• State v. Kountry Kitchen OF KEY Largo, Inc.
  645 So. 2d 1086· Fla. 3d DCA· 1994-11-30 ·cited 6×
  The court held that a loss of business alone is insufficient to establish irreparable harm, a necessary element for a temporary injunction.
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• In re Sandahl
  980 F.2d 1118· 7th Cir.· 1992-12-02 ·cited 6×
  A writ of mandamus will be granted to vacate a disqualification order if the order is patently erroneous, as the judge's reasoning here was inadequate and based on an abandoned client's rights.
• State of Fla. Dep't of Env't Reg. v. Marieta Kaszyk
  590 So. 2d 1010· Fla. 3d DCA· 1991-12-10 ·cited 6×
  The Florida Department of Environmental Regulation appealed the denial of a temporary injunction against a trailer park owner whose sewage treatment plants violated state effluent standards. The appellate court reversed, holding that DER established all elements for a temporary i
• United States v. Rural Elec. Convenience Coop. Co.
  922 F.2d 429· 7th Cir.· 1991-01-15 ·cited 6×
  The court held that the district court erred in denying injunctive relief, as federal interests necessitate a federal forum for resolving disputes involving federal bailouts and loan guarantees.
• Shearson Lehman Hutton, Inc. v. Meyer
  561 So. 2d 1331· Fla. 5th DCA· 1990-05-31 ·cited 6×
  Shearson Lehman Hutton appealed two interlocutory orders denying dissolution and modification of a temporary injunction that prevented the company from terminating or disciplining three female financial consultants who alleged gender and age discrimination. The court held that in
• Vesper Moore v. Ashland OIL, Inc.
  901 F.2d 1445· 7th Cir.· 1990-05-14 ·cited 6×
  The court held that the magistrate correctly dismissed the federal action for failure to join indispensable parties, as their absence would prejudice existing parties and the court could not fashion an adequate judgment.
• Baldree v. Cargill, Inc.
  758 F. Supp. 704· M.D. Fla.· 1990-04-30 ·cited 6×
  The court granted preliminary injunctions, ordering reinstatement of a grower and enjoining unfair practices, finding a substantial likelihood of success on the merits and irreparable harm.
• In re the Search OF the Premises Known AS 6455 S. Yosemite v. United States
  897 F.2d 1549· 10th Cir.· 1990-03-12 ·cited 6×
  The court held that Meyer Blinder's appeal from the Rule 41(e) ruling must be dismissed for lack of jurisdiction because he has been indicted, making the motion tied to a criminal proceeding in esse. The appeal of Blinder, Robinson & Company is remanded for the district court to
• Holiday Pines Prop. Owners Ass'n, Inc. v. Wetherington
  557 So. 2d 243· Fla. 4th DCA· 1990-03-07 ·cited 6×
  An order determining class representation and certifying a class is not reviewable, but a temporary injunction is reversed because it disturbs the status quo and lacks findings of irreparable harm and clear legal right.
• Commercial Ventures, Inc. v. Tropero Invs., N.V.
  539 So. 2d 39· Fla. 3d DCA· 1989-03-14 ·cited 6×
• Pallen v. Richardson
  531 So. 2d 1043· Fla. 3d DCA· 1988-10-04 ·cited 6×
  Court reversed an injunction against two dentists who locked out a third from their joint practice, holding that monetary damages provide an adequate remedy at law and the plaintiff failed to demonstrate irreparable harm.
• Pinewood Plumbing Supply, Inc. v. Centennial Constr., Inc.
  489 So. 2d 216· Fla. 3d DCA· 1986-06-03 ·cited 6×
  Pinewood Plumbing Supply sued prime contractor Centennial Construction for nonpayment after its subcontractor failed to pay, but Pinewood did not comply with statutory notice requirements under Florida's mechanics lien statute. The court affirmed summary judgment against Pinewood
• Micale v. The Honorable Mark E. Polen
  487 So. 2d 1126· Fla. 4th DCA· 1986-04-16 ·cited 6×
  A husband seeks a writ of mandamus to compel a trial judge to remain on his domestic relations case after the judge voluntarily recused himself following the wife's motion to disqualify based on alleged ex parte communications. The court denies the petition, holding that while th
• Ford Motor Credit Co. v. Simmons
  421 So. 2d 698· Fla. 2d DCA· 1982-11-05 ·cited 6×
  The circuit court correctly dismissed the complaint because the plaintiffs had an adequate remedy at law in the county court where the original judgment was entered.
• Blinder v. United States Sec. & Exch. Comm'n
  692 F.2d 102· 10th Cir.· 1982-10-27 ·cited 6×
  The court held that the district court erred in dismissing Blinder's action as moot because the challenged SEC order remained outstanding and the claims were capable of repetition.
• Zimmer v. Connett
  640 F.2d 208· 9th Cir.· 1981-02-17 ·cited 6×
  Taxpayers do not have a right to a hearing before the IRS can reexamine their books, as they have an adequate remedy at law and such a hearing would violate the Anti-Injunction Act.
• Am. Dairy Queen Corp. v. Brown-Port Co.
  621 F.2d 255· 7th Cir.· 1980-03-25 ·cited 6×
  A preliminary injunction cannot be granted based solely on the potential irreparable harm to a non-party sublessee; the plaintiff must demonstrate irreparable harm to itself.
• Nelson v. State Bd. of Accountancy
  355 So. 2d 216· Fla. 1st DCA· 1978-02-23 ·cited 6×
  Charles E. Nelson and Arthur Anderson & Co. petitioned for review of an administrative action by the State Board of Accountancy arising from a complaint that they violated certain statutes and rules. The court held that the Board properly initiated the complaint process and that
• Patrick Petroleum Corp. OF Mich. v. Callon Petroleum Co.
  531 F.2d 1312· 5th Cir.· 1976-05-24 ·cited 6×
  A contract provision limiting damages for breach of warranty, even in the face of a mutual mistake about a material fact, will be enforced if the parties knowingly and voluntarily agreed to it, especially when the risk of such a mistake was consciously assumed.