Adequate Remedy At Law

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

• Deckinger v. Exp. Dev. Corp.
  701 So. 2d 670· Fla. 4th DCA· 1997-11-26
• Tamar 7600, Inc. v. Orange Cnty.
  686 So. 2d 790· Fla. 5th DCA· 1997-01-24
  Tamar hotels challenged Orange County's one-percent tourist tax enacted to fund a professional baseball stadium under a contingent agreement with private baseball owners. The trial court dismissed the entire complaint, but the appellate court reversed, holding that taxpayers have
• State v. DEL REY
  643 So. 2d 1146· Fla. 3d DCA· 1994-10-05
  Florida sought review of a juvenile court order waiving jurisdiction over Del Rey and certifying him for adult prosecution, but challenging limitations that reduced charges and restricted what offenses could be filed. The appellate court dismissed both the appeal and certiorari p
• ZUR v. Yarone Degani
  629 So. 2d 244· Fla. 3d DCA· 1993-12-14
  Rafael Zur appeals the trial court's denial of his motion to dissolve a temporary injunction preventing the sale of a rare World War II fighter aircraft (F-4U Corsair). The appellate court affirmed the injunction, finding that the original owner Wirth satisfied all three requirem
• Kinney v. Int'l Union OF Operating Eng'rs, Local 150, AFL-CIO
  994 F.2d 1271· 7th Cir.· 1993-06-01
  The court held that the district court correctly applied the traditional equity standard for issuing an injunction under Section 10(l) of the National Labor Relations Act, finding reasonable cause to believe the Union engaged in an illegal secondary boycott.
• Walker v. Palm Beach Commerce Ctr. Associated, Ltd.
  614 So. 2d 1097· Fla.· 1993-03-11
  Section 194.211, Florida Statutes, applies to the conversion of tax certificates to tax deeds, not to the sale of tax certificates themselves. Traditional requirements for an injunction must be met.
• JAK Prods. v. Wiza
  986 F.2d 1080· 7th Cir.· 1993-02-16
  The court held that a preliminary injunction was appropriate, but modified the definition of 'customers' to be those with an ongoing business relationship at the time of termination.
• Industrias Cardoen v. United States
  983 F.2d 49· 5th Cir.· 1993-02-15
  The court held that the district court did not abuse its discretion in denying a Rule 41(e) motion for the return of a helicopter seized by the government, as forfeiture proceedings provided an adequate legal remedy.
• State v. Calhoun Cnty.
  613 So. 2d 605· Fla. 1st DCA· 1993-02-12
  The Florida Department of Administration's Division of Retirement appealed a temporary injunction granted to Calhoun County. The court reversed the injunction for two specific time periods, finding the county failed to satisfy the legal requirements for obtaining a temporary inju
• Mirax Chem. Prods. Corp. v. First Interstate Commercial Corp.
  950 F.2d 566· 8th Cir.· 1991-12-06
  A loan agreement provision allowing termination at will, even with specified events of default, is not ambiguous and does not preclude the lender from exercising that right. Actions specifically authorized by the agreement cannot constitute a breach of the duty of good faith.
• Lipper v. Kann
  582 So. 2d 815· Fla. 4th DCA· 1991-07-24
  Arthur Lipper III appealed the denial of his motion to dissolve a temporary injunction, challenging the trial court's erroneous limitation of the burden of proof required to maintain the injunction. The appellate court held that the trial court incorrectly required only proof of
• State Farm Mut. Auto. Ins. Co. v. Misti Green
  579 So. 2d 402· Fla. 5th DCA· 1991-05-23
  State Farm appealed a final judgment entered against it for payment of medical bills under an insurance policy after the trial court granted Green's motion for temporary relief and then entered final judgment when State Farm failed to comply. The Fifth District reversed, holding
• C.R. and S.R. v. E. _
  573 So. 2d 1088· Fla. 5th DCA· 1991-02-14
• Church OF Scientology OF Cal. v. United States & Sandra Baker
  920 F.2d 1481· 9th Cir.· 1990-12-12
  The court held that the Anti-Injunction Act barred the Church's suit for injunctive relief because the district court lacked subject matter jurisdiction, and the Church failed to meet the narrow judicial exception to the Act.
• Warten v. Caguas Cent. Fed. Sav. Bank of Puerto RICO
  567 So. 2d 42· Fla. 3d DCA· 1990-09-25
  The Third District Court of Appeal affirmed a temporary injunction issued in supplementary proceedings to execute on an unsatisfied judgment. The court held that the trial court properly issued the injunction to prevent dissipation of assets and that the plaintiff had shown a lik
• Janine Turner v. Grips W., Inc.
  565 So. 2d 874· Fla. 4th DCA· 1990-08-15
  Grips Western, a feed store, sought an ex parte temporary injunction to prevent Turner from removing two horses from the court's jurisdiction to secure a debt for feed and supplies. The Fourth District Court of Appeal reversed, holding that the feed store did not qualify for a st
• L.L.T. Bldg. Supplies, Inc. v. Martinique Homes, Inc.
  559 So. 2d 417· Fla. 2d DCA· 1990-04-11
  The court held that equitable relief to transfer a judgment lien was improper because the party seeking the transfer had an adequate remedy at law for damages against the bank.
• FEN HIN Chon Enters., Ltd. v. Porelon, Inc.
  874 F.2d 1107· 6th Cir.· 1989-05-15
  The court held that lost profits should be calculated using a marginal cost approach rather than a fully allocated historic cost approach, and that damages should not be based on the consolidated profit rate of unrelated businesses.
• Buffalo Tank Corp. v. Env't Control Equip., Inc.
  544 So. 2d 1037· Fla. 2d DCA· 1989-05-12
  The court affirmed the dismissal of a claim for an equitable lien against a city, despite finding the trial court erred in its reasoning for dismissal, because the funds had already been disbursed.
• Eichhorst v. Mandalay Shores Coop. Hous. Ass'n, Inc.
  545 So. 2d 914· Fla. 2d DCA· 1989-04-26
  The court denied a petition for common law certiorari because any trial court error would not cause material injury that could not be remedied by direct appeal from a final judgment.
• Jorritsma v. Tymac Controls Corp.
  864 F.2d 597· 8th Cir.· 1988-12-22
  The court held that Jorritsma had a common-law lien on the demonstrator equipment, precluding a conversion claim.
• Delbros Mach. & Tool Co., Inc. v. Bd. OF Trs. OF THE Internal Improvement Fund Of The State of Fla.
  512 So. 2d 1131· Fla. 4th DCA· 1987-09-23
  A tenant's complaint seeking an equitable lien for improvements made to leased property states a cause of action for equitable relief despite the landlord's acquisition of the property through forfeiture proceedings.
• Trans Union Credit Info. Co. v. Associated Credit Servs., Inc.
  805 F.2d 188· 6th Cir.· 1986-11-12
  The court held that the district court did not err in finding no repudiation or in excluding evidence under Rule 408, and that specific performance was appropriate given the unique nature of the credit data. However, the case was remanded for a more specific decree.
• Cnty. Sanitation Dist. NO. 2 OF LOS Angeles Cnty. v. Inland Container Corp.
  803 F.2d 1074· 9th Cir.· 1986-11-04
  The court held that the District's suit seeking equitable relief was inequitable because it failed to join an indispensable party (Chino) and attempted to circumvent a mandatory arbitration clause.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Criterion Ins. Co. v. State
  458 So. 2d 22· Fla. 1st DCA· 1984-10-11
  Criterion Insurance Company challenges the facial constitutionality of Florida's rate filing statute (Section 627.0651(10)) after the Department of Insurance issued an emergency disapproval order for rate increases filed within a prohibited time period. The court affirmed the sta
• Capraro v. Lanier Bus. Prods., Inc.
  445 So. 2d 719· Fla. 4th DCA· 1984-02-29
  A preliminary injunction for breach of a non-compete covenant will be affirmed if there is evidence supporting the existence of a valid contract, a material breach, and the inadequacy of legal remedies, with irreparable injury presumed.
• Dep't OF Prof'l Reg. v. Honorable Sharyn L. Smith
  451 So. 2d 872· Fla. 1st DCA· 1984-01-26
  The Florida Department of Professional Regulation and Electrical Contractors' Licensing Board sought review of a hearing officer's order granting discovery of a state examination to respondents. The court dismissed the petition for lack of jurisdiction, holding that petitioners h
• Killearn Lakes Homeowners Ass'n v. Sneller
  418 So. 2d 1214· Fla. 1st DCA· 1982-09-01
  The dissenting opinion argues that the trial court correctly enjoined the construction of a 'Tot Lot' because it was inconsistent with the Declaration of Covenants and Restrictions' purpose of preserving the natural environment.
• In re Montes
  677 F.2d 415· 5th Cir.· 1982-05-18
  The court held that the Sheriff's application for a writ of prohibition under the All-Writs Act must be dismissed because jurisdiction was not properly invoked and no adequate remedy at law was shown.
• City OF Sunrise v. Town OF Davie
  402 So. 2d 1354· Fla. 4th DCA· 1981-09-02
  The City of Sunrise appealed the issuance of a temporary injunction preventing it from annexing certain property. The appellate court held that the Town of Davie failed to establish the prerequisites for temporary injunctive relief, particularly the likelihood of irreparable harm
• Sch. Bd. OF Marion Cnty. v. The Honorable Carven D. Angel
  404 So. 2d 359· Fla. 5th DCA· 1981-05-13
  The School Board of Marion County sought a writ of prohibition to prevent a trial judge from exercising jurisdiction over a class action challenging a tax resolution. The court denied the petition, holding that prohibition is unavailable to review the denial of a motion to dismis
• Hallmark Mfg. Inc. v. Lujack Constr. Co., Inc.
  372 So. 2d 520· Fla. 4th DCA· 1979-06-27
  Hallmark Manufacturing sought an equitable lien on real property and filed a notice of lis pendens based solely on Lujack's alleged breach of contract for unpaid labor and materials. The Florida Fourth District Court of Appeal reversed the trial court's denials of Lujack's motion
• Ingram Contractors, Inc. v. United States
  592 F.2d 832· 5th Cir.· 1979-04-04
  The district court correctly dismissed the action for lack of subject matter jurisdiction because the Customs Court has exclusive jurisdiction over disputes concerning customs duties.
• Morry S. FOX v. Fla. State Bd. of Osteopathic Med. Exam'rs
  366 So. 2d 515· Fla. 1st DCA· 1979-01-23
  The Florida District Court of Appeal reversed an administrative complaint filed by the State Board of Osteopathic Medical Examiners against Dr. Morry S. Fox, holding that the complaint failed to allege sufficient factual and legal bases for the disciplinary action sought. The cou
• Ford Motor Co. v. Edwards
  363 So. 2d 867· Fla. 1st DCA· 1978-11-03
  Ford Motor Company petitioned for review of an interlocutory order requiring it to produce discovery documents at its own expense for copying costs, while denying Ford's request for reimbursement of location, gathering, examination, and transportation costs. The Florida District
• Leon Cnty. Classroom Teachers Ass'n v. The Sch. Bd. OF Leon Cnty.
  363 So. 2d 353· Fla. 1st DCA· 1978-09-13
  The Leon County School Board sought an injunction to prevent arbitration of a non-tenured teacher's grievance regarding non-renewal of his contract. The court reversed the injunction, holding that the broad arbitration clause in the collective bargaining agreement covers disputes
• Columbia Transit Corp. v. Jones
  572 F.2d 168· 8th Cir.· 1978-03-08
  The court held that the district court did not err in granting summary judgment, as the plaintiff failed to demonstrate irreparable harm and had adequate remedies through administrative processes or judicial review.
• Leone v. Town OF Palm Beach
  361 So. 2d 738· Fla. 4th DCA· 1978-02-28
  The court dismissed an interlocutory appeal challenging the trial court's order striking punitive damages from two counts of a complaint, holding that no basis existed for appellate review under Florida Appellate Rule 4.2 and that certiorari was unavailable because a full remedy
• Krantzler v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  354 So. 2d 126· Fla. 3d DCA· 1978-01-24
  Citizens of Dade County appealed the dismissal of their suit challenging the county's expenditure of public funds to distribute brochures promoting a sales tax increase. The court reversed, holding that the citizens had standing to sue as taxpayers and that the complaint adequate
• Manes Merrit v. Libby
  533 F.2d 1310· 2d Cir.· 1976-04-05
  The denial of a preliminary injunction was proper because plaintiffs have an adequate remedy at law for damages if they prevail on the merits of their federal securities law claims.
• Siegel v. Abramowitz
  309 So. 2d 234· Fla. 4th DCA· 1975-03-14
  Petitioner Siegel sought a writ of certiorari to review an interlocutory order excluding evidence of property valuations and potential purchaser offers. The court denied the petition, holding that interlocutory orders in civil cases are only reviewable by certiorari when no adequ
• Bd. OF Cnty. Comm'rs v. Hendry
  301 So. 2d 483· Fla. 2d DCA· 1974-09-30
  The Board of County Commissioners appealed from a writ of mandamus compelling them to supplement the Sheriff's budget under Florida law. The court reversed, holding that mandamus does not lie where adequate administrative remedies are available and have not been exhausted.
• Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc.
  42 Fla. Supp. 138· Orange Cty. Cir. Ct.· 1974-08-02
  Burger Chef Systems sought declaratory relief to establish its right to terminate a territorial franchise agreement at will. The court held that the franchise agreement is terminable only for cause as expressly stated in the contract, and permanently enjoined the franchisor from
• Cadena v. Perasso
  498 F.2d 383· 9th Cir.· 1974-05-28
  A judge is immune from civil liability for acts committed in their judicial capacity, and injunctive relief is inappropriate when adequate legal remedies exist.
• Griffin v. Bd. of Pub. Instruction of Escambia Cnty.
  30 Fla. Supp. 28· Escambia Cty. Cir. Ct.· 1968-03-13
  Principals and supervisors of Escambia County schools sought equitable relief to void a board resolution terminating their employment contracts after they participated in a mass strike/walkout. The trial court dismissed the suit, holding that the plaintiffs lacked clean hands, fa
• S. Ry. Co. v. Chambers
  376 F.2d 815· 6th Cir.· 1967-04-25
  The federal court should not exercise jurisdiction to enjoin a state court criminal prosecution when the plaintiff has an adequate remedy under state law and no substantial federal question is presented.
• Mullinix v. Eston E. Mullinix
  182 So. 2d 268· Fla. 4th DCA· 1966-01-24
  Alice Mullinix appeals the trial court's denial of an injunction against her estranged husband's suit in New York regarding disputed securities held in a custodian account. The appellate court affirmed the denial, holding that the extraordinary remedy of injunction was not warran
• Beagle v. Bagwell
  181 So. 2d 609· Fla. 1st DCA· 1966-01-04
  Certiorari is not appropriate for an interlocutory order when there is an adequate remedy by appeal after final judgment.