Adequate Remedy At Law

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

• Time Warner Cable v. Freedom Elecs., Inc.
  897 F. Supp. 1454· S.D. Fla.· 1995-08-11 ·cited 2×
  The court granted a preliminary injunction against defendants for violating the Communications Act by manufacturing and selling devices to illegally intercept cable television programming.
• Proctor v. Eason
  651 So. 2d 1301· Fla. 2d DCA· 1995-03-17 ·cited 2×
  Gerald Proctor, a dairy farmer, appeals a temporary injunction that froze milk proceeds owed to him by the Florida Dairy Farmers Association to satisfy alleged unpaid cattle lease payments to Betty Anne Eason. The court reversed, holding that an injunction cannot be used to enfor
• Wolfe v. Safecard Servs., Inc.
  873 F. Supp. 648· S.D. Fla.· 1995-01-11 ·cited 2×
  The court held that the defendant failed to meet the requirements for an injunction to stay state court proceedings, as he did not demonstrate irreparable harm or the absence of an adequate remedy at law, and the relitigation exception to the Anti-Injunction Act did not clearly a
• Cajun & Grill OF Am., Inc. v. JET Int'l Cuisine, Inc.
  646 So. 2d 801· Fla. 3d DCA· 1994-12-07 ·cited 2×
  Cajun & Grill of America, Inc. and its owner appealed an order granting emergency temporary injunctive relief and appointing a receiver to maintain control of a restaurant. The appellate court reversed, holding that the plaintiff failed to satisfy the required criteria for prelim
• Odom v. Mears Transp. Grp.
  630 So. 2d 637· Fla. 1st DCA· 1994-01-06 ·cited 2×
  This case involves a workers' compensation claimant seeking discovery of advertising contracts and former driver leases to establish an employer-employee relationship. The appellate court affirmed the denial of broad discovery requests due to their overbreadth and burden, but rev
• Diamond v. Interstate Trading Corp.
  606 So. 2d 631· Fla. 3d DCA· 1992-09-01 ·cited 2×
  In this interlocutory appeal, defendants Diamond challenged a temporary injunction freezing their commercial bank account based on ITC's fraud and contract claims. The court reversed the injunction, holding that ITC failed to establish the essential elements of equitable relief—s
• Henderson v. Lane
  979 F.2d 466· 7th Cir.· 1992-08-13 ·cited 2×
  The court held that the plaintiff failed to demonstrate a clearly established right to more frequent showers or exercise, and thus defendants are entitled to qualified immunity on those claims. The denial of preliminary injunctive relief was also affirmed.
• Santmyer v. Orange Paving & Constr. Co.
  589 So. 2d 472· Fla. 5th DCA· 1991-12-05 ·cited 2×
  Petition for writ of certiorari to review dismissal for failure to comply with Florida Rule of Civil Procedure 1.070(j) is dismissed because appeal is the adequate remedy and certiorari is not appropriate where an adequate appellate remedy exists.
• Theresia Frazee v. Internal Revenue Serv.
  947 F.2d 448· 10th Cir.· 1991-10-22 ·cited 2×
  The district court did not abuse its discretion in declining to exercise equitable jurisdiction under Fed.R.Crim.P. 41(e) because the Frazees had an adequate remedy at law through a judicial forfeiture action.
• Interstate Cigar Co. & ICC Ind. Warehouse v. The United States
  928 F.2d 221· 7th Cir.· 1991-03-19 ·cited 2×
  The court held that the district court erred in granting summary judgment for the government, as the plaintiff's potential remedy against its supplier was not an adequate remedy at law to preclude equitable relief.
• Mathes v. United States
  901 F.2d 1031· 11th Cir.· 1990-05-22 ·cited 2×
  The court held that the district court lacked jurisdiction to enjoin the collection of federal income taxes because the taxpayer had an adequate legal remedy by filing a timely petition with the Tax Court.
• Greenwood v. City OF Delray Beach
  543 So. 2d 451· Fla. 4th DCA· 1989-05-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the appellant failed to demonstrate irreparable harm, lack of an adequate remedy at law, or a clear legal right to relief, particularly given the significant delay in challe
• Fla. HAY & Land Developers, Inc. v. McDILL Columbus Corp.
  539 So. 2d 570· Fla. 1st DCA· 1989-03-09 ·cited 2×
  Appellants' counterclaim for rescission was properly denied because their breach of the mortgage payment obligation preceded any alleged breach by appellee, terminating the contract and relieving appellee of performance duties.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• EDD Helms Elec. Contracting, Inc. v. Barnett Bank OF S. Fla., N.A.
  531 So. 2d 238· Fla. 3d DCA· 1988-09-20 ·cited 2×
  An electrical subcontractor appealed a dismissal of its claim for an equitable lien against a construction lender's undisbursed loan proceeds. The court affirmed the dismissal, holding that the subcontractor had adequate legal remedies (against the surety, owner, and contractor)
• People's Tel. Co. v. Sunshine Payphones, Inc.
  519 So. 2d 690· Fla. 4th DCA· 1988-02-03 ·cited 2×
  People's Telephone Company appealed an order granting a temporary injunction requiring return of four telephones and twenty-eight keys to Sunshine Payphones without posting the bond required by Florida's replevin statute. The court reversed the injunction as to the telephones but
• Regis Corp. v. The Fusco Corp.
  496 So. 2d 833· Fla. 2d DCA· 1986-08-20 ·cited 2×
  Regis Corporation appealed a trial court order that found the landlord Fusco Corporation breached an exclusivity clause in their commercial lease but denied damages and injunctive relief. The appellate court reversed, holding that a successor judge who did not hear all liability
• Palenzuela v. Dade Cnty.
  486 So. 2d 12· Fla. 3d DCA· 1986-03-11 ·cited 2×
  Palenzuela and Vento sought an injunction to prevent Dade County from enforcing an ordinance requiring licensed sheet metal journeymen to supervise fiberglass duct workers on residential construction projects. The court affirmed the denial of the injunction, holding that the ordi
• Sydney Polly v. Navarro
  457 So. 2d 1140· Fla. 4th DCA· 1984-10-23 ·cited 2×
  Appellants challenged the placement of Republican candidate Nicholas Navarro on the ballot for Broward County Sheriff, arguing he violated a six-month disaffiliation statute by switching from Democrat to Republican within six months of the general election. The court reversed the
• High Adventure Ministries, Inc. v. Commissioner OF Internal Revenue
  726 F.2d 555· 9th Cir.· 1984-02-22 ·cited 2×
  The court held that the Tax Court correctly dismissed the petition for lack of jurisdiction because the petitioner failed to allege an actual controversy regarding its tax-exempt status under I.R.C. § 7428.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend
• Enercons Va., Inc. v. Am. Sec. Bank, N.A.
  720 F.2d 28· D.C. Cir.· 1983-07-21 ·cited 2×
  The court held that a temporary restraining order was an improper remedy to summarily resolve a dispute over a negotiable instrument, as the plaintiff had an adequate remedy at law.
• Fla. Nat'l Bank AT Orlando v. Gen. Elec. Credit Corp.
  429 So. 2d 1247· Fla. 5th DCA· 1983-03-30 ·cited 2×
  Florida National Bank appeals from a temporary injunction freezing a savings account. The court reverses, holding that injunctive relief is inappropriate regarding bank accounts because funds are fungible and damages provide an adequate remedy at law.
• Mel Summerlin v. Lamar Advertising OF Pensacola, Inc.
  419 So. 2d 781· Fla. 1st DCA· 1982-09-23 ·cited 2×
  Summerlin appeals a preliminary injunction enforcing a non-compete covenant in his employment contract with Lamar Advertising. The court affirms the injunction, holding that Lamar adequately demonstrated irreparable harm and that an injunction is an appropriate remedy for breach
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• Baker v. Sch. Bd. of Marion Cnty.
  487 F. Supp. 380· M.D. Fla.· 1980-03-11 ·cited 2×
  The court held that plaintiffs failed to demonstrate irreparable injury, thus denying their application for a preliminary injunction.
• Scott v. Sears, Vail & Williams, P.A.
  366 So. 2d 786· Fla. 1st DCA· 1978-12-28 ·cited 2×
  The court held that the trial court properly granted summary judgment on the breach of contract claim, but erred in refusing to tax deposition costs.
• Am. Bancshares Mortg. Co., Inc. v. Empire Home Loans, Inc.
  568 F.2d 1124· 5th Cir.· 1978-03-02 ·cited 2×
  The court held that specific performance was improperly granted because the plaintiff had an adequate remedy at law, and the alternative damages award was also flawed.
• Dykema v. Trans State Indus., Inc.
  303 So. 2d 52· Fla. 2d DCA· 1974-11-13 ·cited 2×
  Architect Dykema filed a statutory lien claim against property after not being paid for design services, but failed to file suit within the 60-day period required by Florida law. When he later sought equitable relief, the trial court properly struck his equitable lien claim becau
• State Bd. of Funeral Directors & Embalmers of Fla. v. Evans
  256 So. 2d 574· Fla. 1st DCA· 1972-01-11 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's denial of a temporary injunction sought by the State Board of Funeral Directors and Embalmers to stop George Evans from unlawfully practicing funeral directing and embalming without a license. The court held that the a
• Union OIL Co. OF Cal. v. Minier
  437 F.2d 408· 9th Cir.· 1970-12-03 ·cited 2×
  The court held that a federal court may enjoin a state district attorney from initiating criminal prosecutions under state nuisance laws to frustrate federal development of the Outer Continental Shelf, as such actions interfere with federal power and lack an adequate remedy at la
• Amos W. Corbett v. Parker Lee McDONALD
  206 So. 2d 407· Fla. 4th DCA· 1968-01-18 ·cited 2×
  The Florida Fourth District Court of Appeal denied a petition for a writ of mandamus, holding that the circuit court lacked jurisdiction to issue the original writ and that the petitioner had an adequate remedy by appeal.
• The Citizens & S. Nat'l Bank v. Taylor
  191 So. 2d 866· Fla. 1st DCA· 1966-11-15 ·cited 2×
  A bank appealed the dismissal of its equity complaint seeking to impress a lien on a house that the defendants allegedly moved to different property to defraud the bank of its security interest. The court reversed, holding that the complaint stated a valid cause of action in equi
• Gause v. Col. H. N. Kirkman
  178 So. 2d 741· Fla. 3d DCA· 1965-09-28 ·cited 2×
  This case consolidates appeals from orders denying temporary injunctions and dismissing complaints seeking to prevent the suspension of driver's licenses due to traffic points. The court affirmed the lower court's decision, finding that the plaintiffs failed to follow the proper
• Goldman v. Henry's Drive IN, Inc.
  314 F.2d 162· 7th Cir.· 1963-02-28 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction when the plaintiff failed to present evidence to support his allegations despite the defendant's verified answer denying them.
• Huguley v. Hall
  141 So. 2d 595· Fla. 1st DCA· 1962-05-15 ·cited 2×
  The appellate court reversed the summary final judgment, holding that the trial court erred in denying the defendant's motion to transfer the cause to the law side of the court. The court found that the complaint, seeking rescission and cancellation of a contract for the sale of
• State Rd. Dep't OF Fla. v. Frugoli
  123 So. 2d 473· Fla. 1st DCA· 1960-10-06 ·cited 2×
  The State Road Department appealed a dismissal of its complaint seeking mandatory injunction to remove encroaching property improvements from a public highway right of way. The court held that the complaint, despite being poorly pleaded, sufficiently alleged a cause of action for
• Local 180 OF the Int'l Union, United Auto. Aircraft & Agric. Workers OF Am., AFL-CIO v. J. I. Case Co.
  281 F.2d 773· 7th Cir.· 1960-08-10 ·cited 2×
  A single circuit judge should not issue an injunction that would effectively decide the merits of an appeal, especially when the trial court has already denied a similar injunction.
• Rampton v. FOX
  235 F.2d 883· 10th Cir.· 1956-07-24 ·cited 2×
  The court held that the plaintiff's claim to enforce an attorney's lien against tax collection does not present extraordinary circumstances justifying injunctive relief under 26 U.S.C.A. § 7421.
• Brown v. Skinner
  73 So. 2d 221· Fla.· 1954-06-08 ·cited 2×
  Brown challenges an order denying his motion to dismiss a complaint by Skinner-Moser Sales partnership seeking restitution and an injunction for partnership property (aircraft and automobile) that Brown knowingly accepted from a partner in a fraudulent transaction. The Florida Su
• Holton v. Reed
  193 F.2d 390· 10th Cir.· 1951-12-13 ·cited 2×
  The court held that the Statute of Frauds could not be asserted as a defense to an oral contract for the sale of stock when partial performance would result in unjust injury, and specific performance was therefore appropriate.
• Michael v. Cockerell
  161 F.2d 163· 4th Cir.· 1947-04-09 ·cited 2×
  The court held that the appeal must be dismissed because the case is moot and the federal courts lack jurisdiction.
• Lumpkin v. Brown Realty & Abstract Co.
  96 Fla. 662· Fla.· 1928-12-04 ·cited 2×
  This case concerns whether a defendant in a mortgage foreclosure suit can file a counterclaim or cross-bill based on an unrelated prior transaction. The court held that such claims are improper if they are not germane to the original foreclosure action.
• Fla. Power Corp. v. Ocklawaha Reclamation Farms
  93 Fla. 740· Fla.· 1927-04-05 ·cited 2×
  Florida Power Corporation appealed from a trial court order granting a temporary restraining injunction and denying its motion to dissolve that injunction in a suit by Ocklawaha Reclamation Farms seeking to rescind certain contracts and prevent destruction of property. The Florid
• Atl. Coast Line R.R. Co. v. Feagin
  90 Fla. 62· Fla.· 1925-06-24 ·cited 2×
  The Florida Supreme Court reversed interlocutory orders granting a temporary restraining order and denying dissolution of that order in a property dispute between a railroad company and a landowner. The court held that the complainant failed to allege the necessary prerequisites
• Ricou v. Crosland
  81 Fla. 574· Fla.· 1921-04-21 ·cited 2×
  The Florida Supreme Court reversed an order overruling a demurrer to a bill in equity seeking an accounting under an agreement between two competing fish companies to pool their interests and divide profits. The court held that the agreement violated Florida's restraint of trade
• Endel & Son v. Josiah T. Walls
  16 Fla. 786· Fla.· 1878-06-01 ·cited 2×
  Walls sought an injunction to prevent Endel & Son from possessing a house and lot after they allegedly wrongfully took possession during his temporary lunacy. The Florida Supreme Court reversed, holding that Walls had an adequate remedy at law through ejectment or forcible entry
• Miller v. White
  14 Fla. 435· Fla.· 1874-01-01 ·cited 2×
  Frances Miller, administratrix of an estate, appealed a judgment awarding her $2,186.25 for a slave named George taken from her possession in replevin. The Florida Supreme Court reversed, holding that a court of chancery lacked jurisdiction because adequate remedies existed at la
• Alsaloussi v. Drummond
  395 So. 3d 196· Fla. 3d DCA· 2025-01-02 ·cited 1×
  Mohammed Alsaloussi and Alsaloussi Holdings, LLC appealed a trial court's order granting an emergency temporary injunction that prohibited them from liquidating, selling, or disposing of a 2018 Porsche 911 Turbo Classic pending final judgment. The appellate court affirmed the inj
• Peebles v. Grassmasters Prop. Mgmt., Inc.
  Fla. 3d DCA· 2023-09-13 ·cited 1×
  A plaintiff party to an express contract cannot recover in equity against a non-party defendant under unjust enrichment for the same subject matter of the contract when the plaintiff has an available legal remedy through the contract against the contracting party.