Adequate Remedy At Law

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

• State v. Steinbrecher
  409 So. 2d 510· Fla. 3d DCA· 1982-02-09 ·cited 72×
  A pre-trial order excluding evidence that substantially impairs the state's ability to prosecute is reviewable by certiorari, even if not explicitly listed under appealable orders.
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Grammer v. Roman
  174 So. 2d 443· Fla. 2d DCA· 1965-04-15 ·cited 68×
  A Florida appellate court affirmed the denial of a motion to dismiss in a specific performance action involving an Illinois land trust deed. The court held that under Florida's 1963 remedial statute governing land trusts, a trustee has full power to convey trust property without
• Merchs. Broom Co. v. Butler
  70 Fla. 397· Fla.· 1915-11-19 ·cited 68×
  The Florida Supreme Court reversed a writ of mandamus ordering a corporation to allow a stockholder committee to inspect corporate books and transfer stock certificates, holding that the writ demanded relief exceeding statutory authority and that the transfer of stock constitutes
• Taylor v. Fla. E. Coast Ry. Co.
  54 Fla. 635· Fla.· 1907-06-01 ·cited 68×
  The Florida Supreme Court reversed a trial court's dismissal of a bill for specific performance of a railroad contract, holding that the Florida East Coast Railway's agreement to maintain a spur track and depot near the Taylors' hotel and operate passenger trains thereon is enfor
• Graham v. Edwards
  472 So. 2d 803· Fla. 3d DCA· 1985-07-02 ·cited 67×
  The Florida District Court of Appeal reversed a preliminary injunction granted to developer John Edwards against the Board of Trustees of the Internal Improvement Trust Fund, holding that Edwards failed to demonstrate a substantial likelihood of success on the merits. The court a
• Sun City Holding Co. v. Schoenfeld
  97 Fla. 777· Fla.· 1929-05-11 ·cited 67×
  This case involves a buyer seeking to rescind contracts for land purchase due to the seller's failure to make promised improvements. The court found that the seller's covenants to make improvements were dependent on the buyer's payment, and that a reasonable time for these improv
• Brumley v. Dorner
  78 Fla. 495· Fla.· 1919-11-29 ·cited 67×
  A landowner sued a county and neighboring property owner for damaging his land by obstructing natural water flow to Lake Monroe through road construction and artificial drainage that diverted water onto his property. The Florida Supreme Court affirmed dismissal of demurrers, hold
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Ferdinand Henry Schutten v. Shell OIL Co.
  421 F.2d 869· 5th Cir.· 1970-01-30 ·cited 65×
  The court held that the Orleans Levee Board is an indispensable party whose joinder would destroy diversity jurisdiction, and therefore, the case should be dismissed in equity and good conscience.
• Hawkins v. Rellim Inv. Co.
  92 Fla. 784· Fla.· 1926-10-21 ·cited 65×
  The Florida Supreme Court upheld Chapter 11383 of the 1925 Florida statutes, which authorized courts of chancery to entertain suits to quiet title to land. The court rejected the appellant's constitutional challenge that the statute violated the right to trial by jury, holding th
• Giacalone v. Helen Ellis Mem'l Hosp. Found., Inc.
  8 So. 3d 1232· Fla. 2d DCA· 2009-05-01 ·cited 63×
  Andrew Giacalone sought a writ of certiorari to quash a circuit court order denying his motion to compel discovery responses from Helen Ellis Memorial Hospital Foundation regarding hospital charges he disputed as unconscionable. The appellate court granted the petition, finding t
• Radford v. Brock
  914 So. 2d 1066· Fla. 2d DCA· 2005-11-30 ·cited 62×
  The court held that the trial court erred in dismissing a petition for writ of mandamus without issuing an alternative writ or resolving factual disputes with sworn evidence.
• FOX Valley Harvestore, Inc. v. A. O. Smith Harvestore Prods., Inc.
  545 F.2d 1096· 7th Cir.· 1976-12-07 ·cited 62×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate an inadequate remedy at law.
• Philbrick v. City of Miami Beach
  147 Fla. 538· Fla.· 1941-06-20 ·cited 62×
  The Florida Supreme Court upheld an injunction prohibiting W. L. Philbrick and his funeral business from operating a funeral home in a residential district of Miami Beach in violation of the city's zoning ordinance. The court held that a municipality may seek injunctive relief to
• Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch
  374 So. 2d 54· Fla. 3d DCA· 1979-07-17 ·cited 61×
  The court held that a contingent and disputed claim for money damages is insufficient to establish the clear legal right required for injunctive relief.
• Usaco Coal Co. v. Carbomin Energy, Inc.
  689 F.2d 94· 6th Cir.· 1982-09-27 ·cited 59×
  The court held that a district court has the power to issue a preliminary injunction to preserve assets for potential restitution based on a breach of fiduciary duty, even if the defendants argue state law remedies are adequate.
• Helene Curtis Indus., Inc. v. Church & Dwight Co., Inc.
  560 F.2d 1325· 7th Cir.· 1977-08-17 ·cited 58×
  The court affirmed the preliminary injunction, finding a likelihood of success on the merits for trademark infringement and unfair competition due to consumer confusion, and that the defendant's antitrust claims did not preclude the injunction.
• Crown ICE Mach. Leasing Co. v. SAM Senter Farms, Inc.
  174 So. 2d 614· Fla. 2d DCA· 1965-03-31 ·cited 58×
  Crown Ice Machine Leasing Company appealed a trial court's decree rescinding a contract with Sam Senter Farms for the supply and operation of ice-making equipment. The court affirmed the rescission on grounds of impossibility of performance and frustration of purpose, finding tha
• Liza Danielle, Inc. v. Jamko, Inc.
  408 So. 2d 735· Fla. 3d DCA· 1982-01-12 ·cited 57×
  Jamko, Inc. sought an injunction against Moriber and Liza Danielle, Inc. for violating an exclusivity clause in Jamko's warehouse lease by leasing space to a competing shoe store. The court granted the injunction, but the appellate court reversed, holding that Jamko had an adequa
• Thompson v. Planning Comm'n OF the City OF Jacksonville
  464 So. 2d 1231· Fla. 1st DCA· 1985-02-11 ·cited 56×
  Thompson property owners sought to enjoin construction of an office building across the street after the Planning Commission granted a parking variance to the owners. The appellate court reversed the trial court's denial of preliminary injunction, finding that the variance was im
• Shevin v. Pub. Serv. Comm'n
  333 So. 2d 9· Fla.· 1976-05-12 ·cited 55×
  The Florida Supreme Court denied petitions for review of a Public Service Commission decision denying intervenors' motions for procedural participation in rate increase proceedings. The Court held that petitions filed 32 days after the Commission's action exceeded the 30-day fili
• Lucia v. United States
  474 F.2d 565· 5th Cir.· 1973-02-02 ·cited 54×
  The court held that the statute of limitations for assessing wagering excise taxes does not commence until a return is filed, even if filing would violate the taxpayer's Fifth Amendment rights. The court also directed the lower court to apply the Pizzarello decision regarding arb
• Progress Dev. Corp. v. Mitchell
  286 F.2d 222· 7th Cir.· 1961-01-04 ·cited 54×
  The court held that the trial court did not abuse its discretion in denying preliminary injunctive relief, but erred in dismissing certain counts of the complaint and dismissing one of the plaintiffs.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. White
  675 F.2d 680· 5th Cir.· 1982-05-12 ·cited 53×
  The dissenting judge would affirm the district court's dismissal, finding the plaintiffs lack standing and a ripe controversy.
• Brown v. The Fla. Chautauqua Ass'n
  59 Fla. 447· Fla.· 1910-01-01 ·cited 52×
  Property owners operating a hotel brought an equity suit to remove obstructions blocking a public highway that directly affected access to their business. The Florida Supreme Court reversed the trial court's dismissal, holding that although obstructing a public highway is general
• The Elmo Div. OF Drive-X Co., Inc. v. Dixon
  348 F.2d 342· D.C. Cir.· 1965-02-11 ·cited 50×
  The court held that the district court lacked jurisdiction to enjoin the Federal Trade Commission from proceeding with a complaint, as statutory review procedures were available after an order was issued.
• Whiteside v. Johnson
  351 So. 2d 759· Fla. 2d DCA· 1977-11-09 ·cited 49×
  The court denied a petition for writ of certiorari challenging a trial court's denial of a motion to dismiss based on statute of limitations, holding that an adequate remedy by appeal after final judgment exists.
• Midwest Growers Coop. Corp. v. Kirkemo
  533 F.2d 455· 9th Cir.· 1976-03-26 ·cited 48×
  The administrative inspection search warrant was invalid because the Interstate Commerce Commission lacked statutory authority to obtain it, but the individual defendants were immune from damages due to qualified immunity, and the permanent injunction against all use of the seize
• Massari v. Salciccia
  102 Fla. 847· Fla.· 1931-08-07 ·cited 48×
  Massari appeals the dismissal of his complaint seeking specific performance of a non-compete covenant and transfer of business assets following dissolution of a grocery partnership. The Florida Supreme Court reversed, holding that a two-year non-compete provision in a partnership
• Nixon v. Temple Terrace Ests., Inc.
  97 Fla. 392· Fla.· 1929-03-30 ·cited 47×
  This case involves a buyer who alleged fraud in the purchase of lots due to false representations about planned improvements. The appellate court reversed the lower court's decision to sustain a demurrer, finding the buyer's claims of fraudulent misrepresentation were sufficient
• Milton v. City of Marianna
  107 Fla. 251· Fla.· 1932-11-16 ·cited 46×
  The Florida Supreme Court upheld a special legislative act authorizing the City of Marianna to foreclose tax liens in a single equity suit against multiple parcels of land owned by different taxpayers, rejecting constitutional challenges that the procedure violated the separation
• The Fid. & Cas. Co. of N.Y. v. D. N. Morrison Constr. Co., Inc.
  99 Fla. 309· Fla.· 1930-02-13 ·cited 46×
  The Florida Supreme Court held that a surety on a release bond in a mechanic's lien action may not be joined as a defendant in an equity suit to enforce the lien directly. Instead, the lienor must first obtain a personal decree in equity against the owner, and then pursue a separ
• Shaw v. Tampa Elec. Co.
  949 So. 2d 1066· Fla. 2d DCA· 2007-01-05 ·cited 45×
  Homeowners appealed the denial of a mandatory injunction seeking to force Tampa Electric Company to remove large electrical transmission poles from their neighborhood. The court affirmed the summary judgment, holding that even if the poles constituted a nuisance, monetary damages
• C.W. Blalock, Jr. v. United States
  844 F.2d 1546· 11th Cir.· 1988-05-18 ·cited 45×
  The court held that a target of a grand jury investigation is not entitled to injunctive relief for alleged due process or Rule 6(e)(2) violations because an adequate remedy at law exists if an indictment is returned.
• Am. Honda Motor Co. v. Motorcycle Info. Network, Inc.
  390 F. Supp. 2d 1170· M.D. Fla.· 2005-05-10 ·cited 44×
  The court held that claims for breach of contract implied in law (quasi contract) and constructive fraud fail to state a claim, but other claims, including breach of oral agreement, deceptive trade practices, fraud, and negligent misrepresentation, are not preempted by the Unifor
• Bannercraft Clothing Co., Inc. v. The Renegotiation Bd.
  466 F.2d 345· D.C. Cir.· 1972-07-06 ·cited 44×
  The Freedom of Information Act confers jurisdiction on district courts to enjoin administrative proceedings pending judicial determination of document disclosure, and the exhaustion doctrine does not preclude such injunctions when necessary to prevent irreparable injury.
• Rich v. Ryals
  212 So. 2d 641· Fla.· 1968-07-02 ·cited 44×
  The Florida Supreme Court held that a 1963 statute authorizing injunctions for zoning violations is constitutional, rejecting the District Court's conclusion that it unconstitutionally mandates judicial action. The Court ruled that a complaint alleging mere violation of zoning or
• Burton N. Pugach v. Honorable Isidore Dollinger
  277 F.2d 739· 2d Cir.· 1960-04-14 ·cited 44×
  Federal courts should not enjoin state officers from divulging wiretap evidence in state criminal trials, even if such divulgence violates federal law.
• Taylor v. Cooper
  60 So.2d 534· Fla.· 1952-07-29 ·cited 44×
  The Florida Supreme Court denied a petition for writ of certiorari, upholding a lower court's decision to deny a motion to dismiss a complaint for a declaratory decree. The court clarified that while the complaint had some equitable merit regarding the refusal to issue a license,
• Leesburg State Bank v. Lyle
  99 Fla. 535· Fla.· 1930-03-12 ·cited 44×
  The Florida Supreme Court affirmed a decree in an equity suit seeking cancellation of an executory real estate contract, an accounting, return of purchase money paid, and a lien against the property. The court held that equity jurisdiction was proper because the complaint sought
• 3299 N. Fed. Hwy., Inc. v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  646 So. 2d 215· Fla. 4th DCA· 1994-09-09 ·cited 43×
  Two nude dancing nightclubs and three dancers challenged Broward County's newly adopted Adult Entertainment Code by seeking a temporary injunction to prevent its enforcement. The Fourth District Court of Appeal affirmed the trial court's denial of the injunction, finding that app
• Kingston v. Quimby
  80 So. 2d 455· Fla.· 1955-05-20 ·cited 43×
  The Florida Supreme Court reviews whether an equity action to enforce an ex-husband's payment obligations under a separation agreement and divorce decrees should be transferred to the law side of the court. The court holds that the action states a proper cause in equity because t
• City OF Jacksonville v. Wilson
  157 Fla. 838· Fla.· 1946-08-02 ·cited 43×
  Jacksonville city officials challenged a temporary restraining order prohibiting police interference with the Wilson's licensed restaurant business. The Florida Supreme Court held that the Wilsons' complaint failed to state grounds for equitable relief because it alleged only pas
• Clark v. Kreidt
  145 Fla. 1· Fla.· 1940-06-04 ·cited 43×
  A vessel owner who owns his own private dock in the Port of Miami challenged harbor master fees imposed on his vessel when it departed the port, arguing the fees were invalid because he did not use port facilities or services. The Florida Supreme Court reversed the lower court's
• Bowl Am. Fla., Inc. v. Schmidt
  386 So. 2d 1203· Fla. 5th DCA· 1980-03-12 ·cited 42×
  Bowl America Florida, Inc. and its insurer petitioned for common law certiorari review of a trial court order denying their motion to dismiss for failure to prosecute. The Fifth District Court of Appeal denied the petition, holding that the new Florida Appellate Rules do not perm
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×
• Milsen Co. v. The Southland Corp.
  454 F.2d 363· 7th Cir.· 1971-12-13 ·cited 42×
  The court held that the denial of a preliminary injunction was an abuse of discretion because the district court erred in finding no connection between the alleged antitrust violations and the franchisor's attempt to collect franchise fees and terminate agreements.
• Riverside Inv. Co. v. Ellis Gibson
  67 Fla. 130· Fla.· 1914-02-11 ·cited 42×
  This case involves a contract for land purchase that was cancelled due to fraud and misrepresentation. The court affirmed the lower court's decision to overrule a demurrer, finding that the allegations of false representations about the land's condition were sufficient to proceed
• Hughes v. Hannah
  39 Fla. 365· Fla.· 1897-01-01 ·cited 42×
  The Florida Supreme Court holds that a statute allowing persons claiming title to land to sue in equity against adverse possessors violates the constitutional right to trial by jury when defendants hold land adversely under claim of title. The court affirms that actions for recov