Adequate Remedy At Law

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

• Koon v. Wiley H. Koon
  55 Fla. 834· Fla.· 1908-01-01 ·cited 20×
  In this partition suit, the Florida Supreme Court reversed the lower court's decision to overrule a demurrer to a cross-bill filed by the defendant. The Court held that a cross-bill in a partition action is generally improper and that a partition suit is not the appropriate vehic
• Simeon N. Freeman v. Timanus
  12 Fla. 393· Fla.· 1868-01-01 ·cited 20×
  Freeman appeals a chancery decree entered after his bill was taken as confessed. The Florida Supreme Court reversed, holding that Freeman's bill sought an equitable remedy where a plain legal remedy existed—namely, asserting the agreement as a defense in the possessory action bro
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Burtman v. Tech. Chems. & Prods., Inc.
  724 So. 2d 672· Fla. 4th DCA· 1999-01-20 ·cited 19×
  The court held that under Florida Statute section 678.401, a plaintiff may pursue both injunctive relief and damages for an issuer's failure to register a securities transfer, rejecting the argument that common law irreparable harm requirements apply to statutory injunctions unde
• Mobil Oil Corp. v. Dade Cnty. Esoil Mgmt. Co.
  982 F. Supp. 873· S.D. Fla.· 1997-10-29 ·cited 19×
  The court held that the defendants' motions to dismiss were denied because the plaintiff's complaint sufficiently stated claims for fraud, misrepresentation, breach of contract, and other causes of action, and the economic loss doctrine did not bar these claims.
• Gooding v. Gooding
  602 So. 2d 615· Fla. 4th DCA· 1992-07-01 ·cited 19×
  In a dissolution of marriage action, the appellate court reversed the trial court's denial of a temporary injunction sought by the wife to prevent the husband's further dissipation of corporate funds from their family business. The court held that the husband's documented transfe
• Braun v. Intercontinental Bank
  452 So. 2d 998· Fla. 3d DCA· 1984-06-19 ·cited 19×
  In this appeal from a damages assessment on an injunction bond, the court held that while the trial court properly awarded damages for the wrongful issuance of a stay granted by the appellate court, it erred in including attorney's fees for services rendered in responding to the
• Mireille R. Alberti v. Mary Ruth Cruise
  383 F.2d 268· 4th Cir.· 1967-09-14 ·cited 19×
  The court held that the injunction order was invalid due to non-compliance with Federal Rules of Civil Procedure 52(a) and 65(d), and potentially violated the First Amendment.
• H. W. Metcalf Co. v. Martin
  54 Fla. 531· Fla.· 1907-06-01 ·cited 19×
  H. W. Metcalf Company sought injunctive relief to prevent a tax collector from seizing bar fixtures due to a dispute over whether the company operated one or two places of business for licensing purposes. The Florida Supreme Court affirmed dismissal of the bill, holding that equi
• Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc.
  824 So. 2d 226· Fla. 4th DCA· 2002-07-24 ·cited 18×
  Aerospace Welding appeals from the dissolution of a temporary injunction and an award of attorney's fees to the defendant. The court affirmed, holding that the original injunction order violated Florida Rules of Civil Procedure by failing to specify reasons for entry and describe
• Miami-Dade Cnty. v. Church & Tower, Inc.
  715 So. 2d 1084· Fla. 3d DCA· 1998-08-12 ·cited 18×
  Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Hutchinson v. Kimzay OF Fla., Inc.
  637 So. 2d 942· Fla. 5th DCA· 1994-05-27 ·cited 18×
  A landlord appealed orders granting temporary injunctions that prevented him from pursuing eviction and claiming damages against his tenant over a lease rent dispute. The Florida appellate court reversed both injunctive orders, finding they failed to comply with the procedural re
• de Leon v. Aerochago, S.A.
  593 So. 2d 558· Fla. 3d DCA· 1992-01-28 ·cited 18×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the appellees failed to demonstrate a clear legal right and the likelihood of irreparable harm, as they had an adequate remedy at law.
• Esposito v. Horning
  416 So. 2d 896· Fla. 4th DCA· 1982-07-14 ·cited 18×
  Esposito appealed from orders granting and maintaining a preliminary injunction requiring a boat to be held at a boatyard in a dispute with Horning over ownership and a claimed repair contract. The Fourth District Court of Appeal reversed, holding that the preliminary injunction
• Bd. OF Regents of the State of Fla. v. Pub. Emps. Relations Comm'n
  368 So. 2d 641· Fla. 1st DCA· 1979-03-20 ·cited 18×
  The Board of Regents challenged PERC's determination that graduate research and teaching assistants qualify as public employees eligible for collective bargaining, arguing that § 447.501(2)(f) excludes students from PERC's jurisdiction. The court affirmed PERC's decision, holding
• Duncan Props., Inc. v. KEY Largo Ocean View, Inc.
  360 So. 2d 471· Fla. 3d DCA· 1978-07-11 ·cited 18×
  The court held that rescission is not available for a mere failure of consideration when an adequate remedy at law for damages exists, even if it involves a dependent covenant.
• Am. Health Ass'n, Inc. v. Helprin
  357 So. 2d 204· Fla. 4th DCA· 1978-03-21 ·cited 18×
  The denial of a motion to dismiss based on an arbitration clause is not an appealable interlocutory order. The court denied the motion to dismiss, finding it was not a matter of jurisdiction over the person but over the subject matter, which is not reviewable by interlocutory app
• SCM Corp. v. Xerox Corp.
  507 F.2d 358· 2d Cir.· 1974-11-04 ·cited 18×
  The court held that the district court did not abuse its discretion in denying SCM's motion for a preliminary injunction, as SCM failed to make a sufficient showing of irreparable harm and the requested relief would alter the status quo.
• Taft v. Donellan Jerome, Inc.
  407 F.2d 807· 7th Cir.· 1969-02-20 ·cited 18×
  The court held that a plaintiff seeking to enjoin a judgment must first exhaust legal remedies, particularly under Rule 60(b), before pursuing an equitable action in another jurisdiction.
• McDONALD v. Everette E. Connell and Dean T. Davis
  158 So. 2d 780· Fla. 2d DCA· 1963-12-18 ·cited 18×
  McDonald purchased a contract for 25,000 boxes of Valencia oranges from fruit dealers Connell and Davis, with the understanding that a list of specific groves would be provided and made part of the contract. When the defendants failed to deliver fruit from the listed groves and s
• United Life Ins. Co. v. Addie Kathleen Jowers
  118 So. 2d 85· Fla. 1st DCA· 1960-02-02 ·cited 18×
  United Life Insurance Company sought to review by certiorari a trial court order reinstating a collection action that had been dismissed for failure to prosecute. The appellate court declined to exercise its extraordinary power of certiorari, holding that an adequate remedy exist
• Stoner v. S. Peninsula Zoning Comm'n
  75 So. 2d 831· Fla.· 1954-11-16 ·cited 18×
  The Florida Supreme Court reversed a temporary injunction preventing the creation of a municipality in South Peninsula, Volusia County. The court held that equity courts should not enjoin the exercise of political rights granted by statute absent a clear showing of irreparable in
• Guardian Life Ins. Co. of Am. v. Kortz
  151 F.2d 582· 10th Cir.· 1945-10-30 ·cited 18×
  The court held that the trial court should not have dismissed the declaratory judgment actions, but the decision to entertain them rests within the trial court's discretion.
• Autozone Stores, Inc. v. Ne. Plaza Venture, LLC.
  934 So. 2d 670· Fla. 2d DCA· 2006-08-09 ·cited 17×
  AutoZone appeals a declaratory judgment that denied it injunctive relief for a landlord's alleged violation of a lease provision restricting development on adjacent property, holding that AutoZone had an adequate remedy at law in damages. The court reversed, holding that a tenant
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• City OF Oviedo v. Alafaya Utils., Inc.
  704 So. 2d 206· Fla. 5th DCA· 1998-01-09 ·cited 17×
  The City of Oviedo appealed a temporary injunction preventing it from withholding approval of sewer improvements by Alafaya Utilities until Alafaya signed a franchise agreement. The court affirmed the injunction, holding that Oviedo's conditioning of utility approvals on a unilat
• Roger Homes Corp. v. Persant Constr. Co.
  637 So. 2d 5· Fla. 3d DCA· 1994-05-03 ·cited 17×
  The court held that a lis pendens cannot be based on an unsecured promissory note or an equitable lien claim that is not founded upon a duly recorded instrument.
• Instant AIR Freight Co. v. C.F. AIR Freight, Inc.
  882 F.2d 797· 3d Cir.· 1989-08-17 ·cited 17×
  The dissenting judge believes the district court did not abuse its discretion in finding irreparable harm and that injunctive relief was warranted.
• W. G. (Gerry) Palmer & Audio Sys. of Fla., Inc. v. Servis
  393 So. 2d 653· Fla. 5th DCA· 1981-02-11 ·cited 17×
  In this dissolution action, the Fifth District Court of Appeal granted a writ of certiorari to quash an order that denied a protective order against a broad subpoena duces tecum issued by the wife for the husband's employer's financial records. The court held that discovery reque
• State v. Panelfab Int'l Corp.
  314 So. 2d 196· Fla. 3d DCA· 1975-06-10 ·cited 17×
  The court held that mandamus is not an appropriate remedy when the right to relief depends on disputed factual issues or when other adequate remedies exist.
• Anheuser-Busch v. Fed. Trade Comm'n
  359 F.2d 487· 8th Cir.· 1966-01-06 ·cited 17×
  The court held that plaintiffs have an adequate remedy at law through judicial enforcement proceedings, making dismissal of their complaint for lack of jurisdiction and failure to state a claim appropriate.
• Adjmi v. Pankonin
  126 So. 2d 153· Fla. 3d DCA· 1961-01-26 ·cited 17×
  An equity court cannot entertain a suit for rescission of an oral transaction when the ultimate relief sought is a money decree, as the remedy at law is adequate.
• Taylor v. Day
  102 Fla. 1006· Fla.· 1931-09-23 ·cited 17×
  Eugene Taylor sought to review a foreclosure decree through a bill of review, challenging the trial court's failure to require vendor Frank P. Day to convey clear title free of a recorded judgment lien. The Florida Supreme Court reversed the dismissal of the bill of review, holdi
• Burtoff v. Alfred Tauber to Laszlo N. Tauber
  85 So. 3d 1182· Fla. 4th DCA· 2012-04-18 ·cited 16×
  Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
• Eldon v. Perrin
  78 So. 3d 737· Fla. 4th DCA· 2012-02-08 ·cited 16×
  Charles Eldon appealed a temporary injunction granted against him. The Florida Fourth District Court of Appeal reversed because the injunction order lacked sufficient factual findings supporting each element of the four-part injunction test and failed to set an appropriate bond a
• State v. Cont'l CAR Servs., Inc.
  650 So. 2d 173· Fla. 2d DCA· 1995-02-08 ·cited 16×
  The court held that the plaintiffs failed to prove irreparable harm and the absence of an adequate remedy at law, which are necessary elements for a temporary injunction.
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  871 F.2d 734· 8th Cir.· 1989-03-29 ·cited 16×
  The court held that a choice of law provision in a franchise agreement may be unenforceable if it violates a fundamental public policy of the state with a materially greater interest in the transaction, even if the chosen state has a substantial relationship to the parties.
• Schwinn Bicycle Co. v. Ross Bicycles, Inc.
  870 F.2d 1176· 7th Cir.· 1989-02-27 ·cited 16×
  The court held that the district court erred by presuming consumer confusion from intentional copying and by deemphasizing labeling as a matter of law due to secondary meaning.
• Goldberger v. Regency Highland Condo. Ass'n, Inc.
  383 So. 2d 1173· Fla. 4th DCA· 1980-06-04 ·cited 16×
  A temporary mandatory injunction was improperly issued without bond, as the alleged injuries were not irreparable and the procedural requirements for waiving the bond were not met.
• Laclede GAS Co. v. Amoco OIL Co.
  522 F.2d 33· 8th Cir.· 1975-07-10 ·cited 16×
  A contract is not invalid for lack of mutuality simply because one party has a right to cancel while the other does not, provided the cancellation right is not arbitrary. Specific performance may be granted for personalty if the remedy at law is inadequate.
• Gulf Life Ins. Co. v. Urquiaga
  251 So. 2d 904· Fla. 2d DCA· 1971-07-09 ·cited 16×
  The court held that equity was a proper forum and that the trial court did not err in rejecting the advisory jury's verdict or in awarding attorneys' fees under the statute.
• Arensman v. Brown
  430 F.2d 190· 7th Cir.· 1970-07-30 ·cited 16×
  The court held that prosecuting attorneys and hospital custodians are immune from civil liability for actions taken within their official capacities, and that federal courts should not interfere with state criminal proceedings absent exceptional circumstances.
• Murphy v. Daytona Beach Humane Soc'y, Inc.
  176 So. 2d 922· Fla. 1st DCA· 1965-06-29 ·cited 16×
  Murphy appealed a temporary restraining order preventing him from publishing materials criticizing the Daytona Beach Humane Society's management and use of tax funds. The court reversed, holding that equity courts cannot enjoin alleged libel or slander absent other independent gr
• Hyman Schneider v. Manheimer
  170 So. 2d 75· Fla. 3d DCA· 1964-12-29 ·cited 16×
  The Florida District Court of Appeal addressed whether a petition for writ of certiorari may review a summary final judgment in favor of one defendant in a multi-defendant action still pending against other defendants. The court held that a judgment final as between the parties i
• Winer v. N.Y. Life Ins. Co.
  130 Fla. 115· Fla.· 1937-11-19 ·cited 16×
  New York Life Insurance Company sought to cancel a life insurance policy and enjoin the beneficiary from suing on it, alleging the insured made fraudulent misrepresentations in his reinstatement application. The Florida Supreme Court held that after a loss has occurred, an insura
• Salario v. Latin-American Bank
  104 Fla. 256· Fla.· 1932-02-17 ·cited 16×
  The Florida Supreme Court held that certiorari is an appropriate remedy to review a final judgment from an abolished Civil Court of Record when no other appellate remedy remains available due to the statutory abolition of that court. The court denied respondent's motion to supers
• Burke v. Wallace
  98 Fla. 604· Fla.· 1929-10-10 ·cited 16×
  This case concerns a dispute over a land sale contract where the buyer sought to rescind the agreement and recover payments. The appellate court reversed the lower court's decision, finding the buyer's bill of complaint lacked equity.
• Gamble v. Hamilton
  31 Fla. 401· Fla.· 1893-01-01 ·cited 16×
  In this 1893 Florida case, the executor of L. B. Branch's estate appealed a decree voiding a tax deed obtained by Branch in 1875. The court held that Branch, acting as Howse's agent for tax payment, committed fraud by purchasing land at a tax sale without Howse's knowledge, but t