Adequate Remedy At Law

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

• The AGE OF Majority Educ. Corp. v. Preller
  512 F.2d 1241· 4th Cir.· 1975-03-04 ·cited 6×
  The court held that while plaintiffs' claims for injunctive relief were barred by the doctrine of unclean hands, their claims for declaratory relief were not and must be adjudicated on the merits. The district court's dismissal of the declaratory judgment claims was reversed.
• Am. News Co., Inc. v. Ladas
  454 F.2d 1237· 6th Cir.· 1972-02-02 ·cited 6×
  The court held that while mass seizures of allegedly obscene materials require a prior adversary proceeding, federal courts should not enjoin state prosecutions absent bad faith, harassment, or other extraordinary circumstances. A modified injunction allowing the state to use one
• State of Fla. ex rel. Sandra Brown v. Sussman
  235 So. 2d 46· Fla. 3d DCA· 1970-05-05 ·cited 6×
  Tenants of an apartment building sued in the name of the state to enjoin their landlord from maintaining a public nuisance due to unsanitary conditions. The trial court dismissed the complaint, but the appellate court reversed, holding that tenants are not barred from seeking equ
• Pinellas Cent. Bank & Tr. Co. v. Int'l Aerodyne, Inc.
  233 So. 2d 872· Fla. 3d DCA· 1970-04-07 ·cited 6×
  Pinellas Central Bank sold a DC-7 aircraft to International Aerodyne on September 1, 1965, with Aerodyne executing a promissory note for $95,040. Aerodyne later sought to rescind the sale claiming failure of consideration due to missing equipment, unavailable records, and a baile
• Pinellas Cnty. v. Hooker
  200 So. 2d 560· Fla. 2d DCA· 1967-06-23 ·cited 6×
  A governmental entity with zoning powers can enforce regulations by injunctive relief, even if criminal prosecution is also available, and does not need to prove a public nuisance.
• Kennedy v. Coyle
  352 F.2d 867· 7th Cir.· 1965-10-28 ·cited 6×
  The court held that the district court properly dismissed the taxpayer's action because she had an adequate remedy at law and the court lacked jurisdiction to enjoin tax assessment or collection under the circumstances.
• Coral Constr. Corp. v. Leatha Fleeman Arlt
  177 So. 2d 890· Fla. 3d DCA· 1965-07-06 ·cited 6×
  Coral Construction Corp. appeals the trial court's denial of its motion to dismiss an equity suit filed by judgment debtor Arlt challenging an execution sale of her property. The appellate court reverses, holding that equity courts lack jurisdiction to enjoin execution sales abse
• Davis v. Florida East Coast Railroad
  166 So. 2d 774· Fla. 2d DCA· 1964-08-12 ·cited 6×
  A party can be enjoined from acts of harassment detrimental to public safety, even if some acts are criminal in nature, provided the injunction is not unreasonably restrictive.
• Dawson v. Nat'l Home Ins. Co.
  138 So. 2d 356· Fla. 3d DCA· 1962-03-05 ·cited 6×
  A complaint seeking to have a judgment satisfied, rather than merely seeking monetary damages, states a cause of action cognizable in equity.
• Gottlieb v. Town OF Surfside
  115 So. 2d 25· Fla. 3d DCA· 1959-10-15 ·cited 6×
  The Town of Surfside appealed a decree that found its zoning ordinance arbitrary, unreasonable, and void as applied to the appellee's property, directing the Town to reclassify the property for office building use.
• Empire Ordnance Corp. v. Harrington
  249 F.2d 680· D.C. Cir.· 1957-10-17 ·cited 6×
  The court held that mandamus is not an appropriate remedy to compel the refund of tax overpayments when the Commissioner asserts the right to offset those overpayments against other tax liabilities of the taxpayer or related entities.
• Unilectric, Inc. v. Holwin Corp.
  243 F.2d 393· 7th Cir.· 1957-04-18 ·cited 6×
  A licensee cannot attack the validity of a patent based on fraud in its procurement when claiming the patent is invalid, but can resist a suit for royalties if fraud is clearly proven. However, the court found no sufficient evidence of fraud in this case.
• Weiner v. Kelly
  82 So. 2d 155· Fla.· 1955-07-27 ·cited 6×
  Three defendants convicted of federal wagering violations sought equity relief to enjoin state officers from testifying or producing evidence obtained from a search warrant that had been quashed in state court. The Florida Supreme Court affirmed dismissal of the complaint, holdin
• Upton House Cooler Corp. v. Alldritt
  73 So. 2d 848· Fla.· 1954-07-13 ·cited 6×
  The Florida Supreme Court reviewed an order denying a motion to dismiss a complaint seeking damages and an injunction for trade libel. The court found that the allegations did not support equitable relief and that the proper remedy, if any, was an action at law for damages.
• Palmer v. Evans
  69 So. 2d 342· Fla.· 1954-01-05 ·cited 6×
  Palmer brought a personal injury lawsuit against Hughes and Evans after being struck by an automobile. Evans, defending the law suit, later filed a separate chancery suit seeking to reform a conditional sales contract's date and obtain a declaration that he did not own the vehicl
• Miller v. MRS. W. M. Doss
  160 Fla. 660· Fla.· 1948-07-06 ·cited 6×
  The court held that the existence of an adequate remedy at law does not preclude declaratory relief under Chapter 87, Fla. Stat.
• Whisler v. City OF W. Plains
  137 F.2d 938· 8th Cir.· 1943-10-06 ·cited 6×
  The court held that the district court did not err in dismissing the complaint for injunctive and declaratory relief, as federal courts of equity should not ordinarily restrain criminal prosecutions.
• Rubens v. Bowers
  136 F.2d 887· 9th Cir.· 1943-06-29 ·cited 6×
  The court held that the district court had jurisdiction to try the patent infringement case, even with defenses involving contract and license, and that the evidence supported findings of patent infringement and valid title.
• The Amphitrite Corp. v. City of Fort Lauderdale
  147 Fla. 497· Fla.· 1941-06-13 ·cited 6×
  The Amphitrite Corporation sought equitable relief to compel removal of a floating hotel from property in Fort Lauderdale. The Florida Supreme Court reversed the lower court's decree, holding that the city's adequate remedy at law and failure to prove the alleged equitable ground
• McAllister Realty Co. v. Campbell
  143 Fla. 447· Fla.· 1940-06-21 ·cited 6×
  Appellants sought to void tax assessments and tax sale certificates through bills in equity, but the Florida Supreme Court affirmed dismissal of their complaints, holding that the proper remedy for challenging tax assessments is mandamus, not equitable relief, and that courts of
• The Atl. Nat'l Bank of Jacksonville v. Simpson
  136 Fla. 809· Fla.· 1938-08-02 ·cited 6×
  The Atlantic National Bank of Jacksonville appeals the dismissal of its complaint seeking to enjoin collection of intangible personal property taxes levied against it as agent for non-resident stockholders. The court holds that while equity jurisdiction is available, the bank's f
• City of St. Petersburg v. United Mut. Life Ins. Co.
  120 Fla. 307· Fla.· 1935-06-22 ·cited 6×
  The City of St. Petersburg issued guarantee fund bonds to redeem certificates of indebtedness secured by special assessments on real property. When the bonds matured unpaid, a bondholder sued in equity, alleging the city breached its trust duty by failing to properly collect and
• Brooks v. Miami Bank & Tr. Co.
  116 Fla. 589· Fla.· 1934-09-24 ·cited 6×
  The Florida Supreme Court held that a trial court's order sustaining a motion to dismiss filed by one defendant in a multi-defendant equitable action dismisses the bill only as to that defendant, not as to all defendants. The court rejected the defendant Miami Bank & Trust Compan
• The State of Fla. on the relation of H. J. Redavats v. Brown
  100 Fla. 409· Fla.· 1930-07-31 ·cited 6×
  The Florida Supreme Court addressed a mandamus petition by Duval County Commissioners seeking to compel the County Clerk to account for and remit $3,600 in compensation received as Clerk of the Board of County Commissioners, which the relators claimed was unlawfully retained and
• Burleson v. Jesse French & Sons Piano Co.
  90 Fla. 16· Fla.· 1925-06-09 ·cited 6×
  The Florida Supreme Court reversed a lower court order denying a demurrer in an action by a piano company seeking to establish lost promissory notes and a contract, and to recover a piano sold on the installment plan. The court held that the piano company had an adequate remedy a
• State Bd. of Control v. King Lumber Co.
  73 Fla. 80· Fla.· 1917-01-25 ·cited 6×
  The State Board of Control appealed the overruling of its demurrer to a bill of complaint filed by King Lumber Company seeking equitable relief for disputes arising from a construction contract. The Florida Supreme Court reversed, holding that the bill failed to allege sufficient
• Garcia v. Pardo
  63 Fla. 429· Fla.· 1912-01-01 ·cited 6×
  Garcia sought to enjoin execution of a judgment obtained against him in County Judge court, arguing the court lacked jurisdiction because a County Court had been established in the county. The Florida Supreme Court held that upon creation of a County Court, the County Judge's jur
• Malsby v. Gamble
  63 Fla. 508· Fla.· 1912-01-01 ·cited 6×
  Malsby sought to enjoin enforcement of a judgment obtained by Gamble in a failed replevin action, seeking to set off unpaid promissory notes for the purchase price of machinery against Gamble's judgment. The Florida Supreme Court reversed the circuit court's denial of injunctive
• Markert v. Sumter Cnty.
  60 Fla. 328· Fla.· 1910-06-01 ·cited 6×
  The Florida Supreme Court affirmed dismissal of a bill in equity challenging the validity of a county seat removal election in Sumter County. The court held that equity courts lack jurisdiction over election contests unless expressly granted by constitutional or statutory law.
• Strickland v. Knight
  47 Fla. 327· Fla.· 1904-01-01 ·cited 6×
  Residents of Plant City, Florida sought an injunction to prevent county commissioners from granting a liquor sales permit in precinct No. 19, where a local option election had prohibited such sales. The Florida Supreme Court affirmed the trial court's dissolution of the temporary
• Reuben Haynes v. Edmond McGeehee et ux.
  17 Fla. 159· Fla.· 1879-01-01 ·cited 6×
  A landlord sought equitable relief in chancery to compel payment of rent and supplies from a tenant's property. The Florida Supreme Court held that a landlord's remedy for rent is purely at law through distress or suit, and equity jurisdiction is unavailable absent a specific lie
• Davidson v. Floyd
  15 Fla. 667· Fla.· 1876-06-01 ·cited 6×
  The Florida Supreme Court reversed a decree granting an injunction to prevent the sale of a mare seized under an allegedly invalid execution issued by a county judge for unpaid probate court costs. The court held that while the execution was improperly issued without a prior judi
• Labriola v. Vlaunir Jimenez Da Silva
  359 So. 3d 1209· Fla. 3d DCA· 2024-11-20 ·cited 5×
  Christine Marie Labriola petitioned for a writ of mandamus against Vlaunir Jimenez Da Silva, but the Florida Third District Court of Appeal dismissed the petition as moot because the trial court ruled on the underlying motion during the pendency of the proceedings.
• Law Off. of Michael B. Brehne, PA v. State Farm Mut. Auto. Ins. Co.
  268 So. 3d 854· Fla. 5th DCA· 2019-03-15 ·cited 5×
  The appellate court affirmed a summary judgment for insurance companies, holding they did not impair a law firm's charging lien by disbursing settlement funds to the client's new attorney, as the funds were held in trust. This decision clarifies that a lien is not impaired if the
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Donoho v. Allen-Rosner
  254 So. 3d 472· Fla. 4th DCA· 2018-08-24 ·cited 5×
  The court held that the trial court correctly denied the request for a temporary injunction because the appellant failed to establish the necessary elements, including irreparable harm and a substantial likelihood of success on the merits.
• Planned Parenthood OF Greater Orlando v. MMB Props.
  171 So. 3d 125· Fla. 5th DCA· 2015-05-22 ·cited 5×
  Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
• Fong v. Courvoisier Courts Condo.
  81 So. 3d 562· Fla. 3d DCA· 2012-02-22 ·cited 5×
  The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
• Alorda v. Sutton Place Homeowners Ass'n, Inc.
  82 So. 3d 1077· Fla. 2d DCA· 2012-01-06 ·cited 5×
  The Alordas appealed a trial court's award of attorney's fees and costs to their homeowners association following dismissal of an injunctive relief action. The court reversed, holding that the association could not be the prevailing party because it failed to state a valid cause
• Miami-Dade Cnty. v. Malibu Lodging Invs., LLC
  64 So. 3d 716· Fla. 3d DCA· 2011-06-01 ·cited 5×
  Miami-Dade County challenged a hotel owner's placement of outdoor advertising signage on its property, arguing it violated county ordinances protecting aesthetic qualities and public safety near expressways. The trial court dismissed the case, finding the ordinances unconstitutio
• Venezia Lakes Homeowners Ass'n, Inc. v. Precious Homes at Twin Lakes Prop. Owners Ass'n, Inc.
  34 So. 3d 755· Fla. 3d DCA· 2010-04-28 ·cited 5×
  Precious Homes sought a pure bill of discovery to obtain service contracts from Venezia Lakes to determine whether it was being overcharged for lake maintenance costs under a cross-easement agreement. The appellate court reversed the summary judgment granting the bill of discover
• City OF Ocala v. Gard
  988 So. 2d 1281· Fla. 5th DCA· 2008-08-29 ·cited 5×
  The City of Ocala appealed a trial court's grant of a writ of prohibition that prevented the city from destroying a pit bull designated as dangerous. The appellate court reversed, holding that prohibition was inappropriate because the dog owners had an adequate remedy at law thro
• Hayden v. Beese
  596 So. 2d 1207· Fla. 4th DCA· 1992-04-08 ·cited 5×
  Tenants appealed the denial of a temporary injunction to prevent eviction under Florida's summary procedure statute. The court upheld the constitutionality of the summary eviction statute and the delegation of rulemaking authority to the legislature, affirming the denial of the i
• Rey v. Guy Gannett Publ'g Co.
  766 F. Supp. 1142· S.D. Fla.· 1991-06-06 ·cited 5×
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.
• Loveridge v. Pendleton Woolen Mills, Inc.
  788 F.2d 914· 2d Cir.· 1986-04-25 ·cited 5×
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable harm, as any potential financial losses were compensable by money damages.
• 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.
• Home Am., Inc. v. Atkinson
  392 So. 2d 268· Fla. 2d DCA· 1980-10-22 ·cited 5×
  The court held that specific performance was a proper remedy for a construction contract involving real property, but ordering the seller to finance the purchase was an improper equitable remedy when damages were calculable.
• Johnson v. Gen. Motors Corp.
  350 So. 2d 1119· Fla. 4th DCA· 1977-10-18 ·cited 5×
  Petition for certiorari review of an interlocutory evidentiary order in a case previously cognizable at law is denied because petitioner has an adequate remedy by appeal after final judgment.
• United States v. The Wash. Post Co.
  446 F.2d 1322· D.C. Cir.· 1971-06-19 ·cited 5×
  The court held that the district court erred in denying the government's request for a temporary restraining order to prevent publication of classified national security information.
• Am. Sur. Co. OF NEW York v. Murphy
  152 Fla. 862· Fla.· 1943-05-04 ·cited 5×
  American Surety Company sought specific performance and equitable remedies against the Murphy estate after failing to file a probate claim within the statutory deadline. The Florida Supreme Court affirmed dismissal, holding that where an adequate legal remedy exists, equity will