Adequate Remedy At Law

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

• Fed. Life Ins. Co. v. Ettman
  120 F.2d 837· 8th Cir.· 1941-06-24 ·cited 5×
  Equity will not entertain a suit for cancellation of an insurance policy for fraud after the contingency upon which the policy is payable has occurred, as the insurer has an adequate remedy at law.
• Stewart v. Am. Life INS. Co. (two cases)
  85 F.2d 791· 10th Cir.· 1936-09-08 ·cited 5×
  The court held that the insurance company was entitled to maintain its bills in equity for the cancellation of the life insurance policies. The court found that special circumstances existed due to the incontestability clauses and the beneficiaries' ability to delay bringing an a
• The Cnty. of Pinellas v. City of St. Petersburg
  116 Fla. 582· Fla.· 1934-09-21 ·cited 5×
  The Florida Supreme Court upheld a temporary restraining order preventing Pinellas County from disbursing tax revenues collected from St. Petersburg to anyone other than the City, holding that equity jurisdiction is proper where the alternative remedy of mandamus would require mu
• St. Lucie Ests., Inc. v. Nobles
  105 Fla. 421· Fla.· 1932-05-05 ·cited 5×
  St. Lucie Estates and Florida Growers sought equity relief to enjoin the sale of promissory notes and mortgages held by a bank receiver, alleging the principal note was procured by fraud and mistake regarding a non-existent debt. The Florida Supreme Court reversed the lower court
• Mack Roth, Inc. v. H. Marshall Gardiner and Wife
  96 Fla. 691· Fla.· 1928-12-05 ·cited 5×
  This case involves a dispute over a real estate transaction where a buyer sought damages after the seller initially refused to convey the property and then later offered to convey when the property's value had significantly decreased. The court affirmed the lower court's decision
• Scott v. Empire Land Co.
  S.D. Fla.· 1925-05-21 ·cited 5×
  Scott conveyed land to Empire Land Co. by warranty deed in 1904 for $46,080, with an understanding that the company would pay the purchase price either in cash or by delivering bonds to be issued and secured by a mortgage on the property. The company mortgaged the property, issue
• E. Fla. Tel. Co. v. Seaboard Air Line Ry. Co.
  85 Fla. 378· Fla.· 1923-04-07 ·cited 5×
  The court considered whether a railroad company could obtain a mandatory injunction to remove a telephone company's poles and wires from its right-of-way after the telephone company had already constructed them without consent or compensation. The court held that a mandatory inju
• GFA Int'l, Inc. v. Trillas
  327 So. 3d 872· Fla. 3d DCA· 2021-09-01 ·cited 4×
  Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
• Riverside Ave. Prop., LLC v. 1661 Riverside Condo. Ass'n, Inc.
  325 So. 3d 997· Fla. 1st DCA· 2021-08-02 ·cited 4×
  The appellate court reversed a trial court's decision that a claim for declaratory relief was time-barred. The court held that the statute of limitations for declaratory relief in this context does not begin to run until a dispute arises between the parties, not when the property
• Shake v. YES WE ARE MAD Grp., Inc.
  315 So. 3d 1223· Fla. 4th DCA· 2021-04-21 ·cited 4×
  Former business partners disputed control of certain clients under a dissolution agreement. The movant filed a motion for temporary injunction without first filing a complaint, and the trial court granted the injunction without making specific factual findings. The appellate cour
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• Credo LLC v. Speyside Invs. Corp.
  259 So. 3d 893· Fla. 3d DCA· 2018-08-15 ·cited 4×
  An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
• Bill Kasper Constr. Co., Inc. v. Morrison
  93 So. 3d 1061· Fla. 5th DCA· 2012-06-08 ·cited 4×
  Bill Kasper Construction Company petitioned for a writ of certiorari to challenge a trial court's order striking its amended witness list containing three new expert witnesses. The Florida Fifth District Court of Appeal denied the petition, holding that certiorari relief is not w
• Grant v. GHG014, LLC
  65 So. 3d 1066· Fla. 4th DCA· 2010-10-20 ·cited 4×
  Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
• Lennar Homes, L.L.C. v. V Ventures, LLC
  988 So. 2d 660· Fla. 3d DCA· 2008-07-16 ·cited 4×
  Lennar Homes sought injunctive relief to prevent payment on a letter of credit posted to secure its performance under an option contract to purchase real property from V Ventures. The court affirmed the trial court's denial of the injunction, holding that V Ventures' certificatio
• Linkous v. Linkous
  941 So. 2d 530· Fla. 1st DCA· 2006-11-08 ·cited 4×
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Alliant Cap., Ltd. v. Singleton
  835 So. 2d 365· Fla. 5th DCA· 2003-01-24 ·cited 4×
  Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
• Fla. Power Corp. v. City OF Winter Park
  827 So. 2d 322· Fla. 5th DCA· 2002-09-19 ·cited 4×
  Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
• Lawnwood Med. Ctr., Inc. v. Perry R. Lloyd, III, M.D.
  773 So. 2d 114· Fla. 4th DCA· 2000-12-20 ·cited 4×
  The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
• United Auto. Ins. Co. v. Sanar Clinical Rehab Ctr., Inc.
  766 So. 2d 356· Fla. 3d DCA· 2000-07-19 ·cited 4×
  The appellate court affirmed the trial court's denial of a temporary injunction, finding the plaintiff failed to demonstrate immediate danger of significant loss or meet public policy requirements.
• We're Assocs. VI Ltd. P'ship v. Curzon Dev. Corp.
  738 So. 2d 440· Fla. 4th DCA· 1999-07-21 ·cited 4×
  We're Associates VI appealed orders restricting its access to operating funds held in a Dean Witter account during mortgage foreclosure proceedings. The Fourth District reversed, holding that the trial court lacked authority to impose such restrictions absent a properly requested
• Anchor Bank v. Conrardy
  763 So. 2d 360· Fla. 4th DCA· 1998-07-29 ·cited 4×
  Anchor Bank appealed a judgment rescinding the Conrardys' condominium purchase and awarding incidental damages based on fraudulent misrepresentation and failure to disclose construction defects. The Fourth District Court of Appeal affirmed, holding that rescission was proper desp
• Weekley v. Pace Assembly Ministries, Inc.
  671 So. 2d 220· Fla. 1st DCA· 1996-04-04 ·cited 4×
  The appellate court reversed a lower court's dismissal of a count seeking injunctive relief for property flooding. The court found the dismissed count sufficiently alleged the elements required for injunctive relief, including irreparable injury and unreasonable harm from altered
• Finkelstein v. Finkelstein
  603 So. 2d 715· Fla. 4th DCA· 1992-08-26 ·cited 4×
  The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Justin Indus., Inc. v. Choctaw Sec., L.P.
  920 F.2d 262· 5th Cir.· 1990-12-18 ·cited 4×
  The court held that the denial of a preliminary injunction was appealable and that the district court erred in its materiality determination, remanding for further proceedings on permanent relief.
• Nat'l People's Action v. Vill. OF Wilmette & Fred W. Stoecker
  914 F.2d 1008· 7th Cir.· 1990-10-03 ·cited 4×
  The court held that the district court did not err in granting a preliminary injunction against the Village's fingerprinting requirement for solicitors, finding it likely violated First Amendment free speech rights.
• Cap. Factors, Inc. v. Heller Fin., Inc.
  712 F. Supp. 908· S.D. Fla.· 1989-04-28 ·cited 4×
  The court affirmed the magistrate's recommendation, denying the defendant's motion to dismiss most counts while granting dismissal for rescission claims with leave to amend.
• Laurence Gerard & Firejet Am., Ltd. v. Almouli
  746 F.2d 936· 2d Cir.· 1984-10-12 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because the appellees failed to demonstrate irreparable harm and an inadequate remedy at law.
• Williamson v. Houston Stephens & Houston's H & W Meats, Inc.
  411 So. 2d 286· Fla. 1st DCA· 1982-03-18 ·cited 4×
  Williamson sought to rescind a partnership dissolution agreement with Stephens and obtain an accounting of partnership assets. The trial court dismissed his third amended complaint, and the appellate court affirmed, holding that rescission is unavailable absent an independent gro
• Dep't OF Prof'l Reg. v. Fernandez-Lopez
  407 So. 2d 286· Fla. 3d DCA· 1981-12-08 ·cited 4×
  The Florida Department of Professional Regulation appealed a preliminary injunction that blocked the State Board of Medical Examiners from conducting a disciplinary hearing against a licensed physician. The court reversed, holding that the circuit court lacked jurisdiction becaus
• Cohen v. Lunsford
  362 So. 2d 383· Fla. 1st DCA· 1978-08-22 ·cited 4×
  The court held that statutory payment bonds, even with a condition limiting the surety's liability to the owners, exempt owners from liability to subcontractors, as the condition only affects the surety's liability to the owners and not the subcontractor's rights.
• Interco v. The First Nat'l Bank OF Boston
  560 F.2d 480· 1st Cir.· 1977-08-16 ·cited 4×
  The court held that Interco failed to establish irreparable harm because it had an adequate remedy at law for the bank's alleged wrongful honor of letters of credit.
• King v. Sloane
  545 F.2d 7· 6th Cir.· 1976-11-10 ·cited 4×
  Federal courts lack jurisdiction to hear challenges to state or local taxes when a plain, speedy, and efficient remedy is available in state courts, even if framed as a civil rights action.
• James v. United States
  542 F.2d 16· 6th Cir.· 1976-09-09 ·cited 4×
  The court held that the taxpayer failed to satisfy the prerequisites for enjoining tax collection under the Williams Packing and Shapiro tests, and thus the District Court correctly denied injunctive relief.
• Shupack v. Groh
  498 F.2d 675· 5th Cir.· 1974-08-09 ·cited 4×
  The court held that the issues raised by the plaintiff were moot or that the district court properly dismissed the claims.
• Burks v. Perk
  470 F.2d 163· 6th Cir.· 1972-11-17 ·cited 4×
  The court held that the District Court erred in enjoining the Mayor from conducting a hearing on charges against Civil Service Commissioners, as state law provided adequate remedies.
• Reimer v. United States
  441 F.2d 1129· 5th Cir.· 1971-04-26 ·cited 4×
  The court held that the taxpayer's suit seeking to enjoin the collection of an income tax assessment was properly dismissed because he failed to meet the requirements for an exception to the Anti-Injunction Act and had an adequate remedy at law.
• Confederation Life Ass'n v. de Lara
  244 So. 2d 539· Fla. 3d DCA· 1971-01-26 ·cited 4×
  The court held that the plaintiffs' action was not in equity because the complaint lacked an allegation of no adequate remedy at law.
• Travis v. Pennyrile Rural Elec. Coop. & Tenn. Valley Auth.
  399 F.2d 726· 6th Cir.· 1968-08-16 ·cited 4×
  The court held that the plaintiff's action to enjoin TVA's condemnation was premature, as he has an adequate remedy at law in the condemnation proceeding itself. The court also held that the plaintiff could not maintain an action against Pennyrile as he never formally applied for
• Gulf Shore Dredging Co. v. Leala Mae Ingram
  193 So. 2d 232· Fla. 4th DCA· 1966-12-20 ·cited 4×
  Gulf Shore Dredging Company, a mortgage lender, appeals the dismissal of its foreclosure action against a married woman's separate property. The court reverses, holding that the lender established a prima facie case for an equitable lien based on funds used to satisfy a prior mor
• Giovannielli v. Lacedonia
  179 So. 2d 407· Fla. 3d DCA· 1965-11-02 ·cited 4×
  Appellants challenged the inclusion of a prior costs judgment for the appellee in the appellate costs award. The court held that pending the outcome of remanded proceedings, a costs judgment from the initial trial should not be included in the appellate costs award, as it would b
• Noble v. Erice E. McNEAL and Jimmie S. McNeal
  179 So. 2d 126· Fla. 1st DCA· 1965-10-14 ·cited 4×
  The court denied a petition for writ of certiorari seeking to review an interlocutory order that refused to strike affirmative defenses from a mortgagee's answer in a contract dispute. The court held that certiorari is unavailable for interlocutory orders unless they involve venu
• Giovannielli v. Lacedonia
  177 So. 2d 506· Fla. 3d DCA· 1965-07-27 ·cited 4×
  The appellate court affirmed the trial court's amended final decree which found the plaintiff to be the owner of the disputed real property and ordered the defendants to remove themselves and their property from the land.
• Superior Uniforms, Inc. v. Neway Unif. & Towel Supply OF Fla., Inc.
  166 So. 2d 464· Fla. 3d DCA· 1964-07-07 ·cited 4×
  Superior Uniforms and Hialeah Springs Motors appealed a final decree that awarded only monetary damages rather than equitable relief in an equity court action. The appellate court affirmed, holding that equity courts may award damages as incidental relief when the primary equitab
• Nat'l Airlines, Inc. v. Air Line Pilots Ass'n
  154 So. 2d 843· Fla. 3d DCA· 1963-07-09 ·cited 4×
  National Airlines appeals from a summary judgment granting a permanent injunction against it for allegedly violating a collective bargaining agreement with the Air Line Pilots Association by requiring pilots to fly more than 85 hours per month. The court reversed, holding that th
• Shubin v. The United States Dist. Court FOR the S. Dist. OF Cal.
  313 F.2d 250· 9th Cir.· 1963-01-31 ·cited 4×
  The court held that the claim, as modified by pleadings, admissions, and stipulations, is purely equitable, and thus petitioners are not entitled to a jury trial on the issues raised.
• Artis Banks v. State
  130 So. 2d 73· Fla. 1st DCA· 1961-05-11 ·cited 4×
  Defendant Banks sought review by certiorari of an order denying his motion to withdraw a guilty plea and substitute a not guilty plea. The court held that certiorari is not the proper remedy because appeal from the final judgment provides an adequate alternative remedy.