Adequate Remedy At Law

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

• Shelton v. Gill
  202 F.2d 503· 4th Cir.· 1953-02-17 ·cited 41×
  The court held that the statutory prohibition against suits to restrain tax collection does not apply when plaintiffs are not liable for the tax and face irreparable harm from wrongful seizure of their property.
• Watson v. Centro Espanol de Tampa
  158 Fla. 796· Fla.· 1947-04-29 ·cited 41×
  The Florida Supreme Court upheld a trial court's grant of a temporary restraining order staying criminal prosecution of a foreign-trained doctor working as an intern at a hospital, pending determination of his legal status under Florida's medical practice statute. The court held
• Isleworth Grove Co. v. Cnty. of Orange
  79 Fla. 208· Fla.· 1920-03-03 ·cited 41×
  The Florida Supreme Court reversed the dismissal of a bill of complaint seeking to enjoin a county road condemnation through a valuable orange grove, holding that allegations of abuse of eminent domain authority state sufficient grounds for equitable relief and require a response
• Craft v. Craft
  74 Fla. 262· Fla.· 1917-11-02 ·cited 41×
  Heirs of Charles D. Craft sued Isaac S. Craft to recover proceeds from the sale of inherited real property that they had conveyed to him as their agent to facilitate sales. The Florida Supreme Court reversed the trial court's dismissal of the bill of complaint, holding that the c
• The Real Est. Value Co., Inc. v. Carnival Corp.
  92 So. 3d 255· Fla. 3d DCA· 2012-06-20 ·cited 40×
  TRIP$ appealed a summary judgment dismissing all claims against Carnival regarding alleged entitlement to marketing allowances for bookings generated through AARP discount programs. The court affirmed, holding that the TRIP$-Carnival Contract unambiguously applied only to TRIP$ c
• Kramp v. Osee R. Fagan
  568 So. 2d 479· Fla. 1st DCA· 1990-10-04 ·cited 40×
  Kramp petitioned for a writ of mandamus to compel Circuit Judge Fagan to rule on his motion to correct an allegedly illegal sentence. The court held that where a trial judge fails to act on a motion within a reasonable time, mandamus lies to compel action on the motion itself, re
• Heavener v. R. W. Fla. Region, Inc.
  418 So. 2d 1074· Fla. 5th DCA· 1982-08-04 ·cited 40×
  The court held that a broad temporary injunction against soliciting franchisees of a competitor was not overly broad and affirmed the trial court's decision.
• Auburn News Co., Inc. v. Providence Journal Co.
  659 F.2d 273· 1st Cir.· 1981-09-23 ·cited 40×
  The court held that the district court erred in granting a preliminary injunction against the newspaper publisher's conversion to a direct distribution system, as vertical integration alone does not violate antitrust laws and treble damages are an adequate remedy for alleged pre-
• Playpen S., Inc. v. City OF Oakland Park
  396 So. 2d 830· Fla. 4th DCA· 1981-04-08 ·cited 40×
  Playpen South, Inc. appealed the denial of a temporary injunction against a City of Oakland Park ordinance reducing the closing time for nightclubs from 4:00 a.m. to 2:00 a.m. The court affirmed the denial, holding that the appellant failed to satisfy the four prerequisites for t
• Momcilo Velickovich and Zorica Velickovich v. Ricci
  391 So. 2d 258· Fla. 4th DCA· 1980-11-26 ·cited 40×
  Landowners appealed a mandatory injunction requiring removal of a concrete block wall built in violation of a deed restriction. The court affirmed, holding that injunctive relief is the proper remedy for violations of restrictive covenants affecting real property because money da
• Cincinnati Elecs. Corp. v. Kleppe
  509 F.2d 1080· 6th Cir.· 1975-01-31 ·cited 40×
  A disappointed bidder has standing to challenge a government contract award if they allege injury in fact and the challenged action falls within the zone of interests protected by the relevant statute, particularly when the protest concerns adherence to regulations implementing a
• Egan v. The City of Miami
  130 Fla. 465· Fla.· 1938-01-05 ·cited 40×
  E. L. Egan and other operators of tourist camps challenged Miami's Ordinance 1617 regulating tourist camps, tent cities, and trailer parks, arguing the city lacked authority and the ordinance was unconstitutional. The Florida Supreme Court affirmed the dismissal of their complain
• Seaboard All Fla. Ry. Co. v. Underhill
  105 Fla. 409· Fla.· 1932-05-03 ·cited 40×
  The Florida Supreme Court upheld a trial court's overruling of demurrers to a bill in equity seeking to enjoin a railroad company from obstructing surface water drainage, which caused periodic flooding of the complainants' agricultural land. The court held that a properly pleaded
• First Nat'l Bank of St. Augustine v. Perkins
  81 Fla. 341· Fla.· 1921-03-15 ·cited 40×
  Material suppliers who furnished goods to a construction contractor sued to recover sums owed by the contractor, claiming priority over a bank's assignment of the contractor's right to payment under a public works contract. The Florida Supreme Court reversed the lower court's dec
• The Builders Supply Co. v. Acton
  56 Fla. 756· Fla.· 1908-06-01 ·cited 40×
  The Builders Supply Company appealed the dissolution of a temporary injunction restraining a removal action filed by J.W. Acton in County Judge's court. The Florida Supreme Court affirmed the trial court's order dissolving the injunction, holding that the bill failed to state suf
• Fairchild v. Lucinda M. House
  18 Fla. 770· Fla.· 1882-01-01 ·cited 40×
  The Florida Supreme Court affirmed a preliminary injunction restraining a sheriff's levy on property claimed by a married woman as her separate property, holding that a wife's constitutional exemption from liability for her husband's debts is absolute and not conditioned by prior
• Liberty Fin. Mortg. Corp. v. Clampitt
  667 So. 2d 880· Fla. 2d DCA· 1996-02-02 ·cited 39×
  The court held that the trial court erred in entering a written temporary injunction that exceeded its oral ruling and lacked sufficient factual findings to support the necessary criteria for issuance.
• F. A. Chastain Constr., Inc. v. Pratt
  146 So. 2d 910· Fla. 3d DCA· 1962-11-27 ·cited 39×
  The court held that the chancellor erred in failing to grant an equitable accounting because the decree did not comprehensively view the transactions, overemphasized the mortgage, and failed to ensure full consideration for the appellants.
• Tampa & Gulf Coast R.R. Co. v. Mulhern
  73 Fla. 146· Fla.· 1917-01-31 ·cited 39×
  A property owner abutting a public street sought equity relief when a railroad company constructed and operated tracks on the street without compensation, alleging depreciation of her property value. The Florida Supreme Court held that the owner's remedy for tort damages arising
• Rosen v. Cascade Int'l, Inc.
  21 F.3d 1520· 11th Cir.· 1994-04-11 ·cited 38×
  Shareholders of Cascade International brought a class action against Dr. Lawrence Moses and others for securities fraud arising from allegedly fraudulent financial statements and unauthorized stock issuances that inflated the company's stock price. The district court granted a pr
• Lynch v. Snepp
  472 F.2d 769· 4th Cir.· 1973-01-26 ·cited 38×
  A federal court should not grant a preliminary injunction to restrain a state civil proceeding unless the federal plaintiff demonstrates great and immediate irreparable injury that cannot be remedied by the state court.
• State Bev. Dep't OF Fla. & James T. Vocelle v. Willis
  159 Fla. 698· Fla.· 1947-11-21 ·cited 38×
  The Florida Supreme Court reversed a lower court decree that enjoined revocation of a beverage license, holding that the proper remedy for challenging license revocation is a common law writ of certiorari, not an equity suit, and that the record supported the director's revocatio
• Moore v. Spanish River Land Co.
  118 Fla. 549· Fla.· 1935-02-28 ·cited 38×
  A taxpayer sought to enjoin the Town of Boca Raton from paying lien certificates for street improvements and to restrain contractors from suing on those certificates. The trial court dismissed the bill against contractor Clint Moore but made permanent a restraining order against
• Vorbeck v. Betancourt
  107 So. 3d 1142· Fla. 3d DCA· 2012-12-26 ·cited 37×
  The Vorbecks, who inherited fifty-percent interests in two companies, filed a pure bill of discovery against their co-owner Betancourt to obtain business records they suspected had been misappropriated. The trial court dismissed the complaint with prejudice, finding the bill of d
• Foreclosure Freesearch, Inc. v. Sullivan
  12 So. 3d 771· Fla. 4th DCA· 2009-04-29 ·cited 37×
  Foreclosure FreeSearch appealed a trial court's temporary injunction blocking a reverse stock split and appraisal process affecting minority shareholders Sullivan and Muttillo. The appellate court reversed, holding that the appraisal process constitutes an adequate remedy at law
• Ganaway v. Henderson
  103 So. 2d 693· Fla. 1st DCA· 1958-06-24 ·cited 37×
  Kenneth Ganaway leased a Dairy Queen store from Dorothy Henderson but vacated after six months due to equipment problems. Ganaway sought rescission of the lease and damages for spoiled ice cream mix, alleging fraud and breach of warranty. The Florida District Court of Appeal affi
• United States v. Askins & Miller Orthopaedics, P.A.
  924 F.3d 1348· 11th Cir.· 2019-05-23 ·cited 36×
  The Eleventh Circuit held that the IRS may be entitled to a preliminary injunction against a serial tax delinquent, as a suit for money damages is not necessarily an adequate remedy at law when the taxpayer is judgment-proof and has a history of evading payment.
• Nat'l Private Truck Council, Inc. v. Okla. Tax Comm'n
  515 U.S. 582· U.S.· 1995-06-19 ·cited 36×
• Commercial Ins. Co. OF Newark v. Pacific-Peru Constr. Corp. & the Haw. Corp.
  558 F.2d 948· 9th Cir.· 1977-08-10 ·cited 36×
  The court held that the indemnity agreement, not the validity of Peruvian judgments, determined CIC's right to indemnification, and CIC was a third-party beneficiary entitled to enforce the agreement.
• Morgan v. Eaton
  59 Fla. 562· Fla.· 1910-01-01 ·cited 36×
  The Florida Supreme Court affirmed a lower court's decision ordering specific performance of a land sale contract. The court held that the suit was properly filed in Duval County where the contract was accepted, even though the land was in DeSoto County and the defendant resided
• Indian River Steamboat Co. v. E. Coast Transp. Co.
  28 Fla. 387· Fla.· 1891-06-01 ·cited 36×
  Indian River Steamboat Company sought a preliminary injunction preventing East Coast Transportation Company from landing steamboats at a dock in Titusville, Florida that Indian River had leased from a railroad company. The Florida Supreme Court affirmed the dissolution of the inj
• Duke v. The State OF Tex.
  477 F.2d 244· 5th Cir.· 1973-04-20 ·cited 35×
  Federal injunctive relief against state judicial proceedings is not prohibited where state procedures are inadequate to protect federal rights and prevent irreparable harm.
• John M. Hirst & Co. v. Gentsch
  133 F.2d 247· 6th Cir.· 1943-02-08 ·cited 35×
  The court held that allegations of arbitrary and oppressive tax collection that would destroy a business, leaving no adequate remedy at law, present extraordinary circumstances justifying equitable intervention despite statutory prohibitions against enjoining tax collection.
• Cubbins v. Miss. River Comm'n
  241 U.S. 351· U.S.· 1916-06-05 ·cited 35×
  A landowner whose property near Memphis, Tennessee was flooded as a result of the Mississippi River Commission's construction of levees designed to confine the river and improve navigation sued for damages, claiming the levees constituted a taking of his property without compensa
• Ray v. Wilson
  29 Fla. 342· Fla.· 1892-01-01 ·cited 35×
  The Florida Supreme Court affirmed a judgment granting a peremptory writ of mandamus requiring the County Treasurer of Brevard County to pay county scrip (warrants) issued by the Clerk of the Circuit Court. The court held that properly issued and audited county warrants constitut
• The Pensacola & Ga. R.R. Co. & the Atl. & Gulf Cent. R.R. Co. v. Spratt & Callahan
  12 Fla. 26· Fla.· 1867-01-01 ·cited 35×
  The Florida Supreme Court reversed an interlocutory injunction granted by the circuit court that restrained railroad defendants from using a branch road and impounded its revenues. The court held that the chancellor granted relief inconsistent with the specific relief prayed for
• Bartolo Thebaut and Franklin Glazier v. Canova
  11 Fla. 143· Fla.· 1867-01-01 ·cited 35×
  In this 1867 Florida Supreme Court case, complainants sought to enjoin defendants from erecting a steam mill near their residences in Jacksonville, alleging irreparable harm from noise and smoke. The Court held that an injunction in equity requires clear proof that the thing to b
• Itek Corp. v. The First Nat'l Bank OF Boston
  730 F.2d 19· 1st Cir.· 1984-03-22 ·cited 34×
  The court held that the district court did not err in issuing an injunction against payment on letters of credit because the beneficiary's demands for payment were fraudulent, lacking any colorable basis under the underlying contract, and the customer had no adequate remedy at la
• The Guinness-Harp Corp. v. JOS. Schlitz Brewing Co.
  613 F.2d 468· 2d Cir.· 1980-01-21 ·cited 34×
  The court held that the agreement's status quo provision, interpreted as part of the arbitration obligation, is enforceable by injunction to maintain the distributorship pending arbitration.
• Greenfield Villages v. Thompson
  44 So. 2d 679· Fla.· 1950-02-24 ·cited 34×
  The Florida Supreme Court reviewed a case involving claims for attorney's fees and liens on real property. The court affirmed the attorney's fee award but reversed the liens granted to intervenors, finding they had an adequate remedy at law.
• Drew Lumber Co. v. Union Inv. Co.
  66 Fla. 382· Fla.· 1913-11-25 ·cited 34×
  Drew Lumber Company appeals the grant of a temporary injunction restraining its interference with Union Investment Company's possession and improvement of disputed land in Suwannee County, Florida. The Court reversed the injunction, finding the bill complained primarily of acts a
• Webster v. Royal Caribbean Cruises, Ltd.
  124 F. Supp. 2d 1317· S.D. Fla.· 2000-11-30 ·cited 33×
  The court held that a forum selection clause in a collective bargaining agreement is enforceable, requiring dismissal of claims for breach of contract and collective bargaining agreement due to improper venue. It also held that employer policy statements do not create enforceable
• Int'l Kennel Club OF Chicago, Inc. v. Mighty Star, Inc.
  846 F.2d 1079· 7th Cir.· 1988-05-05 ·cited 33×
  The dissenting judge believes the majority erred in granting a preliminary injunction due to unclear likelihood of success on the merits and irreparable harm.
• W.C.M. Window Co., Inc. v. Bernardi
  730 F.2d 486· 7th Cir.· 1984-03-16 ·cited 33×
  The court held that the Illinois Preference to Citizens on Public Works Projects Act violates the dormant Commerce Clause because it acts as a tariff and the state is acting as a regulator, not a market participant, when the law is applied to local government projects. The court
• Dorfmann v. Boozer
  414 F.2d 1168· D.C. Cir.· 1969-06-16 ·cited 33×
  The court held that the preliminary injunction was improperly granted because adequate legal remedies existed and the injunction failed to balance the equities between the parties.
• Louisville Area Inter-Faith Comm. FOR United Farm Workers v. Nottingham Liquors, Ltd.
  542 F.2d 652· 6th Cir.· 1976-09-29 ·cited 32×
• Brittingham v. United States Commissioner OF Internal Revenue
  451 F.2d 315· 5th Cir.· 1971-10-04 ·cited 32×
  The court held that the district court correctly dismissed the application for a writ of mandatory relief because it lacked jurisdiction and the plaintiff failed to state a claim upon which relief could be granted.
• Nedrick Young v. Motion Picture Ass'n OF Am., Inc.
  299 F.2d 119· D.C. Cir.· 1962-01-18 ·cited 32×
  The denial of a preliminary injunction will not be set aside unless the District Court's action constitutes clear error or abuse of discretion, and the record supported the trial court's findings.
• Shell Creek Land Co. v. Watson
  101 Fla. 172· Fla.· 1931-04-13 ·cited 32×
  Shell Creek Land Co. appeals a lower court decree rescinding a land sale contract and deed. The Florida Supreme Court reversed, holding that when a contract and deed misdescribe the intended land but the parties' actual intentions are clear, equity should reform the instrument ra
• State v. Cornelius
  100 Fla. 292· Fla.· 1930-07-26 ·cited 32×
  The Florida Supreme Court held that a trial judge must sign a bill of exceptions when it contains substantially correct testimony, even absent a court reporter or bystander witnesses, and that mandamus is an appropriate remedy to compel this ministerial duty. The court reversed t