Adequate Remedy At Law

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

• Kamsler v. Ward
  353 F.2d 206· 7th Cir.· 1965-11-08
  The court held that Kamsler's suit for a temporary injunction to restrain further prosecution under indictments was properly dismissed because there was no further prosecution to restrain.
• Frank v. Groo
  176 So. 2d 119· Fla. 2d DCA· 1965-05-28
  Frank, as trustee and owner of land, appeals a final decree granting an equitable lien to engineering plaintiffs who performed subdivision services benefiting his property through an option holder corporation in which he held a financial interest. The court affirms, holding that
• Hurley v. Thomas
  169 So. 2d 519· Fla. 2d DCA· 1964-12-11
  This case involves an appeal from an order granting specific performance of a contract for the purchase of corporate stock.
• Johnson v. Wall
  329 F.2d 149· 4th Cir.· 1964-03-06
  A federal court lacks jurisdiction to enjoin the collection of federal excise taxes, even if the taxpayer claims illegality and irreparable harm, unless it is clear the government cannot prevail.
• Olkap Realty Corp., Inc. v. Dade Meat Packing Corp.
  158 So. 2d 768· Fla. 3d DCA· 1963-12-20
  The appellate court affirmed a trial court's decision in a declaratory decree proceeding, but modified the disposition to ensure the case was properly transferred to the law side of the court when an adequate remedy at law was found.
• Segal v. Schiller
  18 Fla. Supp. 96· Dade Cty. Cir. Ct.· 1961-07-05
  The court held that the contract for real estate commissions was unconscionable and should be canceled and rescinded due to misrepresentations and conduct falling within the ambit of equity.
• Webb City, Inc. v. Nat'l Ass'n for the Advancement of Colored People
  18 Fla. Supp. 40· Pinellas Cty. Cir. Ct.· 1961-05-03
  Webb City, a private business, sought a permanent injunction against the NAACP and its local chapter members for conducting a peaceful picket and boycott campaign protesting the store's segregation policies and employment practices. The court granted the permanent injunction, hol
• Goodman v. Miller
  17 Fla. Supp. 145· Dade Cty. Cir. Ct.· 1961-01-23
  The court held that the defendant's counterclaim was not sham on its face and should not have been dismissed, and that the jurisdictional amount needed clarification.
• Steiner v. Hocke
  272 F.2d 384· 9th Cir.· 1959-11-05
  The court held that a stay of removal pending appeal of an order dismissing an equity suit to enjoin removal should be denied, and the appeal dismissed.
• Wash. Bd. OF Trade v. McLAUGHLIN
  267 F.2d 633· D.C. Cir.· 1959-03-12
  The court held that the employers' suit was premature because the potential tax liability was uncertain and an adequate legal remedy would be available if the tax were assessed.
• MacOn Lumber Co. v. Bishop and Collins
  229 F.2d 305· 6th Cir.· 1956-02-10
  The court held that the district judge was justified in appointing a receiver for the corporation due to imminent danger of loss to stockholders and the impossibility of the corporation accomplishing its original purposes.
• Chauffeur's Club, Inc. v. State Bev. Dir.
  3 Fla. Supp. 137· Dade Cty. Cir. Ct.· 1953-05-06
  Chauffeur's Club sought an injunction to restrain enforcement of a liquor license revocation order issued by the State Beverage Director. The court held that an injunction is not an appropriate remedy for challenging such administrative orders and dismissed the petition, holding
• Jacobs v. Seligman
  63 So. 2d 315· Fla.· 1953-02-06
  In this interlocutory appeal, the Florida Supreme Court reversed the trial court's denial of George P. Jacobs' motion to dismiss a constructive trust action brought by Marie M. Seligman, holding that Seligman's remedy was at law for breach of contract, not equity.
• Shanks Vill. Comm. Against Rent Increases v. Cary
  197 F.2d 212· 2d Cir.· 1952-06-03
  The court held that the lower court erred in denying a temporary injunction because it applied the wrong legal standard and did not properly consider the plaintiffs' rights under the Lanham Act. The court found that the 'financial reach' of the veterans, not 'increased operating
• Leonardo v. Leonardo
  145 F.2d 849· D.C. Cir.· 1944-11-06
  The court held that an injunction is not the proper remedy to restore possession of property when an adequate remedy at law exists and the circumstances do not warrant equitable intervention.
• Robinson v. Deal
  145 F.2d 382· D.C. Cir.· 1944-10-23
  The court held that because the fund at issue was in the U.S. Treasury and subject to Congressional control, the suit was one against the United States, which had not consented to be sued, thus depriving the court of jurisdiction.
• Union Mut. Life Ins. Co. v. Friedman
  139 F.2d 542· 2d Cir.· 1944-01-07
  The court held that a plaintiff's complaint should not be dismissed for seeking equitable relief when it states a valid claim at law, and that an insurer generally cannot seek rescission for misrepresentations when it has an adequate remedy at law.
• Sommers v. Colourpicture Pub. Inc.
  150 Fla. 659· Fla.· 1942-05-26
  A bill in equity cannot impeach a law judgment unless fraud, accident, or wrongful act prevented assertion of a meritorious defense, and no adequate remedy at law exists.
• Tryon v. City of Miami
  146 Fla. 498· Fla.· 1941-04-01
  Harry J. Tryon sought a constitutional writ to restrain the City of Miami from entering into contracts with Florida Power & Light Company and Miami Water Company for the purchase of their assets, and to prevent delivery of $8,000,000 in validated municipal bonds. The Florida Supr
• Bragg v. Bragg
  137 Fla. 341· Fla.· 1939-04-25
  The appellate court reversed orders that denied motions to dismiss a bill of complaint, strike portions of it, and compel amendment. The court found the bill's allegations insufficient to state grounds for divorce.
• Goff v. Jenkins
  119 Fla. 209· Fla.· 1935-05-01
  The Florida Supreme Court affirmed a lower court's decision to dismiss a bill of complaint, finding the complaint's allegations to be too general and lacking specificity, particularly regarding charges of fraud and deceit.
• Tangeman v. Sjoblom
  106 Fla. 379· Fla.· 1932-08-04
  This case involves a widow challenging the validity of tax deeds issued to a defendant who later took possession of her land. The court affirmed the lower court's decision to sustain a demurrer, finding the suit was filed too late under relevant statutes of limitations and potent
• Ellis v. Dixie Hwy. Special Rd. & Bridge Dist.
  103 Fla. 795· Fla.· 1931-12-07
  Bond brokers purchased negotiable bonds issued by a special road and bridge district, but the district refused to pay interest, claiming the bonds were stolen and duplicates had been issued. The Florida Supreme Court held that equity has jurisdiction to quiet title to the bonds a
• Ball v. Bank OF BAY Biscayne
  S.D. Fla.· 1930-08-13
  A judgment creditor filed an equitable action seeking appointment of a receiver for a bank to aid collection of his judgment, but the judgment was paid into the state court registry before the federal suit proceeded. The court dismissed the action for lack of subject matter juris
• Wills v. Andrews
  71 Fla. 647· Fla.· 1916-05-31
  This case concerns whether a contract for a joint venture in building and selling a house could be enforced through a laborer's lien. The court found that the contract did not contemplate such a lien and that a legal remedy was likely adequate, reversing the lower court's decisio
• State Bank of Kissimmee & W. B. Makinson v. Parker
  69 Fla. 258· Fla.· 1915-02-24
  The Florida Supreme Court reversed an order overruling a demurrer, finding that a party seeking the return of a deposit held in escrow had an adequate remedy at law and did not need to pursue equitable relief.
• McNair & Wade Land Co. v. Wyatt Jackson
  53 Fla. 853· Fla.· 1907-01-01
  The Florida Supreme Court affirmed the lower court's refusal to grant a temporary injunction to McNair and Wade Land Company against Wyatt Jackson for alleged timber trespass. The Court found the complaint insufficiently stated the facts necessary to obtain injunctive relief, par
• Summers v. The First Nat'l Bank of Gainesville
  51 Fla. 564· Fla.· 1906-01-01
  Appellants sought to enjoin the sale of machinery they claimed was a fixture to their real property, which had been levied upon and sold by the sheriff in an attachment action against a former owner. The Florida Supreme Court affirmed the dismissal of their bill, holding that equ
• Phillips v. Crichton
  17 Fla. 600· Fla.· 1880-01-01
  The Florida Supreme Court affirmed a lower court's dismissal of a bill in equity, holding that a court of equity cannot entertain a claim for property exemption when an adequate remedy exists at law. The court found that the statutory remedy for claiming exempt property, even wit