Adequate Remedy At Law

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

• Dep't OF Bus. Reg. v. Provende, Inc.
  399 So. 2d 1038· Fla. 3d DCA· 1981-06-09 ·cited 24×
  The circuit court improperly exercised its jurisdiction to issue a temporary injunction because the petitioner had an adequate remedy at law and failed to establish a likelihood of success on the merits of its due process claim.
• Pieper v. United States
  604 F.2d 1131· 8th Cir.· 1979-08-30 ·cited 24×
  The court held that the district court did not abuse its discretion in refusing to invoke equitable jurisdiction to quash a search warrant and suppress evidence because the appellant had an adequate remedy at law and would not suffer irreparable harm.
• Burns v. Elrod
  509 F.2d 1133· 7th Cir.· 1975-01-30 ·cited 24×
  Dismissal of public employees for political affiliation states a claim under the First and Fourteenth Amendments, and injunctive relief may be appropriate.
• Howfield, Inc. v. United States
  409 F.2d 694· 9th Cir.· 1969-03-19 ·cited 24×
  The court held that an action seeking only suppression of evidence, without a request for return of property, is not a final appealable order when the property has been returned. It also held that a counterclaim seeking injunctive relief against IRS summons enforcement was proper
• Ford Motor Co. v. Bisanz Bros., Inc.
  249 F.2d 22· 8th Cir.· 1957-11-13 ·cited 24×
  The court held that Ford Motor Company was entitled to intervene as of right under Rule 24(a)(2) because its interests might be inadequately represented and it would be practically bound by the judgment.
• Ramsey v. Lovett
  89 So. 2d 669· Fla.· 1956-09-26 ·cited 24×
  The Florida Supreme Court reversed a decree awarding damages for fraud in an equity suit, holding that the plaintiffs failed to allege grounds for equitable jurisdiction and that the case should have been brought on the law side of the docket where damages are the proper remedy.
• Brass v. Reed
  64 So. 2d 646· Fla.· 1953-04-10 ·cited 24×
  An attorney sued his former client in equity to recover compensation for legal services, seeking either a decree requiring her to will her estate to him or to impose a constructive trust over her property. The Florida Supreme Court affirmed dismissal, holding that attorney's fees
• Edmun Realty Corp. & A. E. Munyer v. Kearns
  158 Fla. 558· Fla.· 1947-01-28 ·cited 24×
  Edmun Realty Corporation and A. E. Munyer appeal a chancellor's denial of their motion to dismiss a bill of complaint seeking specific performance for the sale of real estate. The Florida Supreme Court reverses, holding that the plaintiff's allegations fail to establish an enforc
• Dade Realty Corp. v. Schoenthal
  149 Fla. 674· Fla.· 1942-03-10 ·cited 24×
  The Supreme Court of Florida granted a writ of prohibition, halting a certiorari proceeding in the circuit court. The Court held that certiorari was an improper remedy for reviewing a landlord's distress judgment, as a specific statutory appeal process existed and was adequate.
• Zambetti v. Commodores Land Co.
  102 Fla. 586· Fla.· 1931-07-28 ·cited 24×
  A Florida Supreme Court case determining whether a seller's covenants to pave a street and extend a water main were dependent on the buyer's obligation to pay the purchase price of land. The court held the covenants were independent, meaning the buyer could not rescind the contra
• Bondi v. Tucker
  93 So. 3d 1106· Fla. 1st DCA· 2012-07-24 ·cited 23×
  The Florida Attorney General appealed a circuit court judgment that declared a budget provision unconstitutional, but the court dismissed the appeal for lack of standing because the Attorney General had not participated as a party in the trial court proceedings, even though she s
• NET First Nat'l Bank v. First Telebanc Corp.
  834 So. 2d 944· Fla. 4th DCA· 2003-01-22 ·cited 23×
  Net First National Bank executives and shareholders appeal a temporary injunction that prevented them from acting as directors of the Bank and its holding company. The Fourth District Court of Appeal reversed, holding that the lower court abused its discretion by granting the inj
• Mirtha Lopez-Ortiz v. Centrust Sav. Bank
  546 So. 2d 1126· Fla. 3d DCA· 1989-07-18 ·cited 23×
  The court held that a temporary injunction was improperly granted because the plaintiff had an adequate remedy at law and the complaint did not state grounds for equitable relief.
• Digaeteno v. Sandro Perotti
  374 So. 2d 1015· Fla. 3d DCA· 1979-07-10 ·cited 23×
  Sandro Perotti sued Fincredito Trust Corporation for conversion and fraud after Fincredito failed to return his $33,500 deposit submitted with a loan application. The trial court issued preliminary mandatory injunctions requiring Fincredito to deposit the funds in court and restr
• Hartford Fire Ins. Co. v. Brown
  119 Fla. 610· Fla.· 1935-04-04 ·cited 23×
  Hartford Fire Insurance Co. and other insurers, along with the Town of Madison, allegedly conspired to deprive J.W. Brown of his equitable interest in property and insurance proceeds. Brown sought equitable relief including reformation of a bond for title, trust liability, and sp
• Suntrust Banks, Inc. v. Cauthon & McGUIGAN, PLC
  78 So. 3d 709· Fla. 1st DCA· 2012-02-02 ·cited 22×
  SunTrust Banks appeals a trial court's order granting a temporary injunction requiring it to return seized funds from a law firm's client trust account after a fraudulent check was deposited. The appellate court reversed, holding that the law firm failed to establish the necessar
• Cent. Magnetic Imaging Open MRI of Plantation, Ltd. v. State Farm Mut. Auto. Ins.
  789 F. Supp. 2d 1311· S.D. Fla.· 2011-06-03 ·cited 22×
  The court held that the breach of contract claim could proceed, but the unjust enrichment and declaratory/injunctive relief claims were dismissed.
• Congressman Robert Wexler v. Lepore
  878 So. 2d 1276· Fla. 4th DCA· 2004-08-06 ·cited 22×
  Congressman Robert Wexler appealed the dismissal of his complaint seeking declaratory and injunctive relief regarding Palm Beach County's use of touchscreen voting systems that allegedly failed to comply with Florida's statutory manual recount requirements. The Fourth District Co
• Chicago Title Ins. Agency OF LEE Cnty., Inc. v. Chicago Title Ins. Co.
  560 So. 2d 296· Fla. 2d DCA· 1990-04-18 ·cited 22×
  Chicago Title Insurance Agency of Lee County appealed the denial of its motion to dismiss and a preliminary mandatory injunction requiring it to cease using the word "Chicago" in its business name. The court reversed the injunction, finding insufficient evidence of irreparable in
• Floyd v. United States
  860 F.2d 999· 10th Cir.· 1988-11-07 ·cited 22×
  A trial court's exercise of jurisdiction over a Rule 41(e) motion for return of property must be governed by equitable principles, requiring a showing of irreparable harm and an inadequate remedy at law.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Rivera v. The Honorable Marvin A. Freeman
  469 F.2d 1159· 9th Cir.· 1972-11-17 ·cited 22×
  The court held that federal courts should abstain from deciding the constitutionality of state juvenile detention statutes when state courts have not definitively ruled on the issue and there is no showing of state court inadequacy, due to principles of comity and federalism.
• The Oneida Indian Nation OF NEW York State v. The Cnty. OF Oneida
  464 F.2d 916· 2d Cir.· 1972-07-12 ·cited 22×
  The court should interpret "arising under" jurisdiction broadly for Indian tribes under 28 U.S.C. § 1362, allowing federal court adjudication of treaty-based claims.
• Gomez v. Layton
  394 F.2d 764· D.C. Cir.· 1968-04-10 ·cited 22×
  The court held that the district court erred in dismissing the complaint and that the appellant was entitled to an opportunity to demonstrate his claims for injunctive relief at an evidentiary hearing.
• The First Nat'l Bank IN ST. Petersburg v. Ferris
  156 So. 2d 421· Fla. 2d DCA· 1963-09-06 ·cited 22×
  The First National Bank appealed an interlocutory order denying its motion to dismiss a complaint seeking mandatory injunctive relief to compel the bank to replace corporate stock it allegedly sold wrongfully as collateral. The court reversed, holding that the complainant failed
• Stark et ux. v. Frayer
  67 So. 2d 237· Fla.· 1953-09-11 ·cited 22×
  The Florida Supreme Court addressed whether a quiet title complaint adequately alleged grounds for equitable jurisdiction against neighboring property owners in a boundary dispute. The court held that while an adverse claim raised in prior judicial proceedings creates a cloud on
• Kaus v. Huston
  120 F.2d 183· 8th Cir.· 1941-06-09 ·cited 22×
  The court held that a taxpayer cannot maintain an action to enjoin the collection of taxes assessed under the Social Security Act when the statute prohibits such suits and an adequate remedy at law exists.
• State v. The Bd. of Trs. of The Salvation Army
  102 Fla. 219· Fla.· 1931-06-28 ·cited 22×
  The Florida Supreme Court denied a writ of prohibition sought by George Meredith to stop equity proceedings brought by The Salvation Army's Board of Trustees to enjoin him from removing personal property from a charitable home for girls after his removal as superintendent. The Co
• Williams v. Peeples
  48 Fla. 316· Fla.· 1904-06-01 ·cited 22×
  The Florida Supreme Court reversed a circuit court's order referring a cattle dispute case to a master for further testimony, finding that the case lacked grounds for equitable jurisdiction and should have been dismissed. The court held that adequate remedies at law existed and t
• Crawford v. Bradford
  23 Fla. 404· Fla.· 1887-06-01 ·cited 22×
  Crawford challenged a Florida statute authorizing beef inspection clerks to collect twenty-five cents per hide inspected, arguing the statute was unconstitutional and seeking recovery of amounts paid and an injunction against future collections. The Florida Supreme Court affirmed
• A1A Mobile Home Park, Inc. v. Brevard Cnty.
  246 So. 2d 126· Fla. 4th DCA· 1971-03-26 ·cited 21×
  A1A Mobile Home Park sought a permanent injunction to prevent Brevard County from constructing and operating a sewage treatment plant located within 50 feet of the park. The trial court granted judgment on the pleadings in favor of the county, but the appellate court reversed, ho
• State v. Duval Cnty.
  105 Fla. 174· Fla.· 1932-04-19 ·cited 21×
  The Florida Supreme Court upheld Duval County's authority to continue collecting tolls on its St. Johns River bridge, rejecting a quo warranto action by the State Attorney General and other relators seeking to declare the bridge free. The court held that the 1917 statute authoriz
• Tr. Co. of Fla. & Marion Mortg. Co. v. Crider
  102 Fla. 593· Fla.· 1931-07-28 ·cited 21×
  The Florida Supreme Court reversed a chancellor's order granting a mandatory injunction without notice in a bill of complaint that was verified only upon information and belief, lacked allegations of insolvency, and was multifarious due to the misjoinder of parties with distinct
• Town of Orange City v. Thayer
  45 Fla. 502· Fla.· 1903-01-01 ·cited 21×
  The Town of Orange City appealed orders overruling its demurrer and denying its motion to dissolve a temporary injunction in a suit by cattle owners seeking to prevent enforcement of a municipal cattle-impounding ordinance. The Florida Supreme Court held that because the cattle o
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Cohen Fin., LP v. Kmc/Ec II, LLC
  967 So. 2d 224· Fla. 3d DCA· 2007-07-11 ·cited 20×
  Cohen Financial appeals the denial of a temporary injunction to freeze loan proceeds as a broker's fee under a mortgage brokerage agreement. The court affirmed, holding that Cohen Financial failed to establish a substantial likelihood of success on the merits because it did not a
• In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti
  773 So. 2d 1206· Fla. 3d DCA· 2000-12-06 ·cited 20×
  The Estate of Giorgio Barsanti appeals the denial of a preliminary injunction to recover two bearer stock certificates representing 16,500 shares of Conakry stock that disappeared from the personal representative's possession. The court reversed, holding that a probate court has
• Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE
  616 So. 2d 132· Fla. 1st DCA· 1993-03-25 ·cited 20×
  In this workers' compensation case, the Florida First District Court of Appeal addresses the interpretation and application of the newly amended Rule 4.160(b), which grants discretionary jurisdiction to review certain nonfinal orders in workers' compensation cases. The court clar
• B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co.
  549 So. 2d 197· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The court held that untimely claims made to a bank for payment under a letter of credit do not constitute fraud in the transaction, thus an injunction to prevent payment is improper.
• Syntex Ophthalmics, Inc. v. Tsuetaki
  701 F.2d 677· 7th Cir.· 1983-03-02 ·cited 20×
  The court affirmed the preliminary injunction and its subsequent interpretation, finding no abuse of discretion in its issuance or scope.
• Wallace v. Kern
  520 F.2d 400· 2d Cir.· 1975-06-30 ·cited 20×
  The court held that the district court's order mandating specific bail hearing procedures constituted an improper intrusion into the state judicial system, violating principles of comity and federalism.
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• R. C. #17 Corp. v. Korenblit
  207 So. 2d 296· Fla. 3d DCA· 1968-02-13 ·cited 20×
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a circuit judge in an equity case could properly order a jury trial to determine compensatory and punitive damages. The court held that while compensatory damages may be awarded as an incident to
• OLD Republic Ins. Co. v. Monsees
  188 So. 2d 893· Fla. 4th DCA· 1966-07-28 ·cited 20×
  The Florida District Court of Appeal affirmed a judgment awarding attorney's fees to an insured who successfully defended an insurer's lawsuit seeking to void a policy. The court found the attorney's fee statute applied even when the insured was a defendant and did not recover mo
• Emerson C. Cook v. Cent. & S. Fla. Flood Control Dist.
  114 So. 2d 691· Fla. 2d DCA· 1959-09-30 ·cited 20×
  Cook's personal representatives sued the Flood Control District for breach of a contract guaranteeing the Everglades Drainage District against bond losses. The court held that even though the action was filed in equity, the relief sought was merely a money judgment, which should
• Reams v. Vrooman-Fehn Printing Co.
  140 F.2d 237· 6th Cir.· 1944-01-31 ·cited 20×
  The court held that a taxpayer cannot seek an injunction to restrain the collection of taxes, even if the tax is alleged to be illegal, when a plain, adequate, and complete remedy at law exists, such as a refund claim.
• Bank of Am. Nat. Tr. & Sav. Ass'n v. Douglas
  105 F.2d 100· D.C. Cir.· 1939-05-08 ·cited 20×
  The Court held that the Secretary of the Treasury was authorized to provide bank examiners' reports to the Securities and Exchange Commission (SEC) for investigatory purposes. However, the Court ruled that the SEC could not make these reports public in advance of a hearing and th
• Rentz v. Granger & Lewis
  64 Fla. 445· Fla.· 1912-06-01 ·cited 20×
  The Florida Supreme Court reversed an order sustaining a demurrer to a bill in equity, finding that equity jurisdiction was appropriate because a legal remedy was not full, complete, and adequate for the alleged overreaching and misrepresentations in partnership affairs.
• Pennock v. State ex rel. H. C. Hood
  61 Fla. 383· Fla.· 1911-01-01 ·cited 20×
  The Florida Supreme Court reversed a mandamus order compelling school board members to issue a warrant for attorney fees. The court held that mandamus was improper because the relators (school district trustees) lacked direct personal interest in the claim, the underlying debt wa
• Fla. Ass'n v. Stevens
  61 Fla. 598· Fla.· 1911-01-01 ·cited 20×
  The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, finding that a turpentine lease did not constitute a cloud on the title of the land. The court held that the lease, as written, granted rights to the timber that did not automatically expire after