Adequate Remedy At Law

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

• Title & Tr. Co. OF FLA. v. Title Guar. & Abstract Co. OF Sanford
  103 So. 2d 211· Fla. 2d DCA· 1958-06-04 ·cited 4×
  Title and Trust Company appealed dismissal of its declaratory judgment action seeking interpretation of an agency contract for title insurance and appointment of a receiver to protect records that the agent sold to a competitor. The court reversed, holding that the plaintiff was
• West v. Shirley
  69 So. 2d 182· Fla.· 1953-12-08 ·cited 4×
  West sued Shirley for rescission of a cattle partnership agreement, alleging fraud and seeking return of invested funds. The Florida Supreme Court affirmed the lower court's dismissal of the equity complaint, holding that plaintiffs had an adequate remedy at law and failed to all
• Paul Smith Const. Co. v. Buscaglia
  140 F.2d 900· 1st Cir.· 1944-02-11 ·cited 4×
  The court held that the Butler Act prohibits suits restraining the collection of taxes imposed by Puerto Rico, and the taxpayer had an adequate remedy under insular law, thus the District Court properly dismissed the complaint.
• Roof v. Conway
  133 F.2d 819· 6th Cir.· 1943-02-10 ·cited 4×
  A federal court receiver may bring an ancillary suit to enjoin parties from attacking the validity of rights and contracts related to a subsidiary corporation, especially when the subsidiary is deemed an instrumentality of the receivership estate.
• Garriga v. Reid Lumber Co.
  97 Fla. 321· Fla.· 1929-03-05 ·cited 4×
  This case involves a dispute over a timber sale contract. The appellate court reversed a lower court's decision to grant a temporary injunction, finding that the plaintiff failed to demonstrate irreparable harm or lack of an adequate remedy at law.
• Hurst v. Nat'l Bond & Inv. Co.
  96 Fla. 148· Fla.· 1928-07-10 ·cited 4×
  The Florida Supreme Court affirmed a trial court's decision to allow a bill for rescission of a contract where a buyer of a retain title contract was deceived about the validity of the underlying property interest. The court held that equity may grant relief for unilateral mistak
• Warrington v. Williams
  92 Fla. 1021· Fla.· 1926-11-30 ·cited 4×
  Warringtons brought an equity suit against Williams, Bundrick, and Permenter alleging that Williams and Bundrick were joint adventurers holding land in trust, pursuant to an agreement where the Warringtons would sell the property and split proceeds after repaying the defendants'
• King v. Palm Beach Bank & Tr. Co.
  92 Fla. 414· Fla.· 1926-07-28 ·cited 4×
  This case concerns whether a trust beneficiary can compel specific performance of a land sale contract made by the trustee, even if the trustee did not follow the trust deed's formal requirements for sale authorization. The court held that the beneficiaries' verbal direction and
• Sutton v. Bank of Mulberry
  83 Fla. 4· Fla.· 1922-01-16 ·cited 4×
  This case concerns whether a judgment from a county court, which exceeded its jurisdictional limit, is void and can be collaterally attacked. The appellate court found that the judgment was not clearly void and that the complainants were barred by laches and failure to pursue pro
• Hughes Tr. & Banking Co. v. Consol. Title Co.
  81 Fla. 568· Fla.· 1921-04-20 ·cited 4×
  The Florida Supreme Court reversed a lower court's decision, holding that a bill in equity was an improper remedy for the return of personal property. The court found that the appellee had an adequate remedy at law through actions like replevin, trespass, or conversion.
• McCall v. Matheson
  66 Fla. 157· Fla.· 1913-11-18 ·cited 4×
  Matheson sought equitable relief in a bill challenging seven purported judgments for costs entered by Justice McCall, claiming they were fraudulently issued without due process. The Florida Supreme Court reversed the lower court's overruling of a demurrer, holding that an adequat
• Graham v. Battey
  347 So. 3d 515· Fla. 5th DCA· 2022-09-16 ·cited 3×
  A temporary injunction must be affirmed only to the extent that each of the four required elements—irreparable harm, inadequacy of legal remedy, substantial likelihood of success on the merits, and public interest—is supported by specific factual findings; portions lacking these
• Del Prado Mall Prof'l Condo. Ass'n, Inc. v. Voyager Indem. Ins. Co.
  320 F. Supp. 3d 1283· M.D. Fla.· 2021-04-22 ·cited 3×
  The court granted the insurer's motion to dismiss the count for declaratory relief, finding it duplicative of the breach of contract claim and that an adequate remedy at law existed.
• Brevard Cnty. & Brevard Cnty. Fire Rescue v. Obloy
  Fla. 5th DCA· 2020-08-13 ·cited 3×
  Brevard County appealed a circuit court's grant of injunctive relief to property owners who operated unpermitted tourist cabins in violation of building and fire codes. The appellate court reversed, holding that the circuit court lacked procedural jurisdiction because the propert
• Tesoro Prop. Owner's Ass'n, Inc. v. Teroso Commons, LLC
  237 So. 3d 403· Fla. 4th DCA· 2018-02-14 ·cited 3×
  The Fourth District Court of Appeal reversed a temporary injunction because the trial court failed to make sufficient factual findings required by Florida Rule of Civil Procedure 1.610(c) to support the four mandatory elements for injunctive relief.
• U.S. Bank Nat'l Ass'n for Lehman Brothers-Structured Asset Inv. Loan Tr. Sail 2005-3 v. Farhood
  153 So. 3d 955· Fla. 1st DCA· 2014-12-16 ·cited 3×
  U.S. Bank appeals a trial court's decision imposing sanctions by declaring a condominium association's lien superior to the bank's mortgage lien based on alleged dilatory litigation tactics. The First District Court of Appeal reverses, holding that courts cannot use equitable pow
• Citizens FOR Sunshine, Inc. v. The Sch. Bd. OF Martin Cnty.
  125 So. 3d 184· Fla. 4th DCA· 2013-01-23 ·cited 3×
  Citizens for Sunshine appealed the denial of a temporary injunction against Martin County School Board members who visited an adult education school without providing public notice. The Fourth District Court of Appeal affirmed the denial, holding that while the unnoticed visit vi
• Charlotte Cnty. v. Grant Med. Transp., Inc.
  68 So. 3d 920· Fla. 2d DCA· 2011-08-10 ·cited 3×
  The court held that a party seeking a temporary injunction must present sufficient evidence to satisfy all four required elements, not just conclusory allegations or a verified complaint alone.
• Zaki Kulaibee Establishment v. McFLICKER
  788 F. Supp. 2d 1363· S.D. Fla.· 2011-04-25 ·cited 3×
  The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
• Validsa, Inc. v. Pdvsa Servs. Inc.
  632 F. Supp. 2d 1219· S.D. Fla.· 2009-07-10 ·cited 3×
  The court held that Defendants breached contracts by failing to pay for accepted goods and anticipatorily repudiated other contracts by failing to provide adequate assurances of performance.
• Sehringer v. Big Lots, Inc.
  532 F. Supp. 2d 1335· M.D. Fla.· 2007-10-03 ·cited 3×
  The court held that the defendant's operational control over its subsidiary established sufficient minimum contacts for personal jurisdiction and that service of process on the subsidiary was valid substitute service on the parent.
• Frank v. Reilly
  954 So. 2d 673· Fla. 3d DCA· 2007-04-11 ·cited 3×
  Florida appellate court denied a petition for writ of certiorari challenging a sanctions order against the petitioner, holding that the order was not a final appealable order because it lacked words of finality.
• Coldiron v. Seminole Cnty. Sheriff's Dep't
  936 So. 2d 42· Fla. 5th DCA· 2006-07-21 ·cited 3×
  The court denied a petition for writ of mandamus seeking return of money seized in a drug investigation, holding that a prior circuit court forfeiture order under the Florida Contraband Forfeiture Act defeated the petitioner's claim to the funds.
• Jefferies & Co., Inc. v. Int'l Assets Holding Corp.
  830 So. 2d 256· Fla. 5th DCA· 2002-11-15 ·cited 3×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the plaintiffs failed to establish the likelihood of irreparable injury and the lack of an adequate remedy at law.
• The Glades Owners Ass'n, Inc. v. Harry R. Prentiss and wife
  768 So. 2d 1245· Fla. 1st DCA· 2000-10-12 ·cited 3×
  The court affirmed the denial of a temporary injunction sought by a homeowners association to prevent homeowners from using lap siding, finding the association failed to demonstrate irreparable harm or lack of adequate legal remedy.
• ST. Lucie Cnty. Radiation Oncology, Ltd. v. Ronald H. Woody, M.D.
  766 So. 2d 301· Fla. 4th DCA· 2000-03-01 ·cited 3×
  St. Lucie County Radiation Oncology appealed the trial court's order granting a preliminary injunction in favor of three physicians and their professional corporation, permitting them continued use of appellant's radiation treatment facility. The appellate court affirmed, holding
• Francine S. Schiller v. Miller
  621 So. 2d 481· Fla. 4th DCA· 1993-05-26 ·cited 3×
  This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
• Marshall Leasing, Inc. v. United States
  893 F.2d 1096· 9th Cir.· 1990-01-11 ·cited 3×
  The court held that the district court erred in dismissing claims for equitable relief based on due process violations, as sovereign immunity was waived under the APA, and there was no adequate remedy at law in the Claims Court for those specific claims. However, the court affirm
• United States v. Air Fla., Inc.
  48 B.R. 749· S.D. Fla.· 1984-12-27 ·cited 3×
  A bankruptcy court cannot enjoin a federal criminal prosecution, as the debtor has an adequate remedy at law and the expense of defense does not constitute irreparable harm.
• Supreme Forest Woodmen Circle v. Hobe Sound Co.
  138 Fla. 141· Fla.· 1939-05-16 ·cited 3×
  This case involves a taxpayer and bondholder suing a school board and a company over the alleged unlawful diversion of school funds. The court affirmed the dismissal of the initial complaint but allowed the plaintiffs to refile their claims regarding the contract's validity and f
• N. Am. Constr. Co. v. Olson
  131 Fla. 440· Fla.· 1938-02-14 ·cited 3×
  The Florida Supreme Court reversed the trial court's dismissal of an equity bill filed by a construction company seeking to determine accounts and enjoin parallel law proceedings. The court held that equity has jurisdiction where complicated mutual accounts require an accounting
• Wettstein v. Gilbert
  105 Fla. 427· Fla.· 1932-05-05 ·cited 3×
  A bankruptcy trustee filed an equity bill against stockholders alleging they fraudulently obtained stock certificates without paying consideration. The trial court sustained demurrers and dismissed the bill against all defendants, but the Florida Supreme Court affirmed dismissals
• Roe v. Roe
  95 Fla. 488· Fla.· 1928-03-14 ·cited 3×
  This case involves an executrix seeking to recover on promissory notes and establish a lien on real estate after the notes and a mortgage were allegedly destroyed or concealed. The appellate court affirmed the lower court's decision to overrule a demurrer, finding that equity jur
• RPSS Grp., LLC v. Miami Chassis & Alignment, Inc.
  Fla. 3d DCA· 2025-03-05 ·cited 2×
  RPSS Group appealed the trial court's denial of its emergency motion for a temporary injunction seeking return of a Lamborghini vehicle held by Miami Chassis & Alignment due to disputed storage fees. The Third District Court of Appeal affirmed the denial, finding the trial court
• Holland M. Ware Charitable Found. v. Tamez Pine Straw LLC
  343 So. 3d 1285· Fla. 1st DCA· 2022-08-10 ·cited 2×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the party seeking the injunction failed to present sufficient competent, substantial evidence to meet the required legal elements for such relief, particularly regarding irrep
• Mapei Corp. & Se. Printing Co., Inc. v. J.M. Field Mktg., Inc.
  Fla. 4th DCA· 2020-05-13 ·cited 2×
  JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
• Pullins v. Candelaria
  291 So. 3d 168· Fla. 1st DCA· 2020-02-10 ·cited 2×
  The appellate court denied a petition for a writ of prohibition seeking to disqualify a trial judge. The court found that the petitioner had adequate legal remedies available, such as appealing the dismissal order or seeking reassignment of the judge, and therefore the extraordin
• Anthony v. State
  277 So. 3d 223· Fla. 2d DCA· 2019-07-19 ·cited 2×
  James Lee Anthony, Jr. sought a writ of mandamus to compel the Public Defender to provide him with a Department of Justice report concerning improper testimony related to his kidnapping conviction. The circuit court dismissed his petition as facially insufficient because he faile
• Sooksiri Rittirucksa v. Barrette
  254 So. 3d 1194· Fla. 5th DCA· 2018-10-12 ·cited 2×
  Florida appellate court reversed a temporary injunction granted without an evidentiary hearing, holding that trial courts must conduct an evidentiary hearing and make factual findings before granting injunctive relief.
• Imraan Ansaarie, M.D. v. First Coast Cardiovascular Inst., P.A.
  252 So. 3d 287· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  114 So. 3d 333· Fla. 3d DCA· 2013-05-15 ·cited 2×
  Miami-Dade County appeals a temporary injunction that prohibited it from enforcing notices of violation and accessing Concrete Structures, Inc.'s property for environmental inspections. The court vacated the injunction, holding that the company failed to meet any of the four requ
• City OF Miami v. Fraternal Order OF Police
  98 So. 3d 1236· Fla. 3d DCA· 2012-10-03 ·cited 2×
  The court held that the trial court erred in granting a temporary injunction because the F.O.P. failed to establish the necessary elements, particularly irreparable harm and the unavailability of an adequate remedy at law.
• State v. Smith
  980 So. 2d 606· Fla. 1st DCA· 2008-05-05 ·cited 2×
  The Florida Department of Corrections petitioned for mandamus review of a PERC order reinstating an employee with a 60-day suspension after his termination was mitigated on remand. The court addressed whether the PERC order was final and appealable despite leaving the specific do
• Kailin HU v. Haitian HU
  942 So. 2d 992· Fla. 5th DCA· 2006-12-01 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court's grant of an ex parte temporary injunction in a business dispute between a father and daughter over their shared computer accessories distribution company. The court held that the plaintiff's pleadings were legally insuff
• Kitchen v. State
  917 So. 2d 360· Fla. 1st DCA· 2005-12-29 ·cited 2×
• STS Telecom, LLC v. Jacobsen
  901 So. 2d 980· Fla. 4th DCA· 2005-05-11 ·cited 2×
  The Fourth District affirmed the trial court's denial of a temporary injunction to enforce a non-compete covenant because the appellant failed to establish an adequate remedy at law, an essential prerequisite for injunctive relief.
• Moore v. Schlesinger
  150 F. Supp. 2d 1308· M.D. Fla.· 2001-06-21 ·cited 2×
  Assistant United States Attorneys are entitled to absolute immunity from suits for money damages based on their performance of advocacy functions in defending the government in civil actions.
• Lew Earle Williams v. Schulman
  721 So. 2d 1244· Fla. 4th DCA· 1998-12-23 ·cited 2×
  Williams, a substitute teacher, sought mandamus relief to compel the school board to provide him a continuing contract. The court affirmed the denial of mandamus, holding that Williams lacked entitlement to such a contract and had an adequate alternative remedy through his pendin
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Stiller v. Fla. Dep't of Labor & Emp. Sec.
  677 So. 2d 377· Fla. 1st DCA· 1996-07-12 ·cited 2×
  The court held that the agency's denial of a hearing was a reviewable agency action, and the petitioner was entitled to a hearing.