Adequate Remedy At Law

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

• Mut. Life Ins. Co. of N.Y. v. Krejci
  123 F.2d 594· 7th Cir.· 1941-11-14 ·cited 14×
  A federal court has jurisdiction under the Declaratory Judgment Act to entertain an insurer's action seeking a declaration of an insured's disability status and the right to recover benefits paid due to alleged fraud, even if other remedies exist.
• Harrison v. Murphy
  132 Fla. 579· Fla.· 1938-05-18 ·cited 14×
  The Florida Supreme Court affirmed the denial of a writ of prohibition sought by Harrison, a criminal defendant challenging the validity of jury panels in his multiple prosecutions. The Court held that prohibition is not available to challenge jury selection irregularities when t
• Odlin v. Woodruff
  31 Fla. 160· Fla.· 1893-01-01 ·cited 14×
  The Florida Supreme Court affirmed a lower court's dismissal of a lawyer's challenge to a state license tax. The court held that a court of equity lacked jurisdiction to enjoin the tax collection, as the lawyer had an adequate remedy at law for trespass. The court also indicated
• Krapacs v. Nisha E. Bacchus
  301 So. 3d 976· Fla. 4th DCA· 2020-08-12 ·cited 13×
  Ashley Krapacs appeals a stalking injunction entered by the trial court in favor of attorney Nisha Bacchus. Krapacs had posted disparaging comments about Bacchus on social media, including tagging her repeatedly. The appellate court reversed the injunction, finding that Krapacs's
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Chandler v. The City OF Greenacres
  140 So. 3d 1080· Fla. 4th DCA· 2014-06-11 ·cited 13×
  Chandler sought a writ of mandamus to compel the City of Greenacres to produce public records he had requested by email. The trial court dismissed the petition for lack of standing, but the appellate court reversed, holding that an email requesting public records is sufficient to
• Charlotte Cnty. v. Richard Vetter for the Charlotte Cnty. Park of Commerce, LLC
  863 So. 2d 465· Fla. 2d DCA· 2004-01-21 ·cited 13×
  Charlotte County challenges a preliminary injunction requiring it to approve subdivision and site plan applications for an industrial park near the county airport. The court affirms the preliminary injunction to the extent it requires the county to expeditiously process permit ap
• Seminole Ent., Inc. v. City OF Casselberry
  813 So. 2d 186· Fla. 5th DCA· 2002-03-22 ·cited 13×
  Seminole Entertainment, Inc. (Rachel's) petitioned for a writ of certiorari to overturn the circuit court's affirmance of the city of Casselberry's revocation of its adult entertainment license based on allegations of drug sales, prostitution, and prohibited sexual activities on
• Terex Trailer Corp. v. McILWAIN
  579 So. 2d 237· Fla. 1st DCA· 1991-04-29 ·cited 13×
  Terex Trailer and K-H Corporation appealed an order granting partial summary judgment requiring them to pay McIlwain his full compensation and benefits during the pendency of an employment termination dispute. The court affirmed, holding that the employment contract's express pro
• Deaver v. Seymour
  822 F.2d 66· D.C. Cir.· 1987-06-15 ·cited 13×
  The district court did not abuse its discretion in denying Michael Deaver's request for a preliminary injunction to prevent independent counsel from seeking an indictment.
• Washington v. Walker
  529 F.2d 1062· 7th Cir.· 1976-02-04 ·cited 13×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits, irreparable harm, or an inadequate legal remedy, and that the balance of hardships did not favor granting the injunction.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Phelps v. Higgins
  120 So. 2d 633· Fla. 2d DCA· 1960-05-18 ·cited 13×
  The court held that the trial court erred in denying the motion to dismiss and transferring the cause to the law side of the court without first determining if an equitable cause of action was stated and allowing amendment.
• Hunter v. Bradford
  3 Fla. 269· Fla.· 1850-01-01 ·cited 13×
  A Florida Supreme Court decision addressing whether an administrator can seek equitable relief to enjoin collection on promissory notes secured by land with unknown incumbrances. The court held that in executory contracts, equity may intervene when the vendor becomes insolvent an
• Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc.
  173 So. 3d 1037· Fla. 2d DCA· 2015-07-15 ·cited 12×
  Unit owners appealed the denial of a mandatory injunction against their condominium association for failing to repair moisture intrusion through the building's floor slab. The appellate court reversed, holding that the owners satisfied all requirements for mandatory injunctive re
• Stand UP FOR Animals, Inc. v. Monroe Cnty.
  69 So. 3d 1011· Fla. 3d DCA· 2011-09-14 ·cited 12×
  Stand Up for Animals, Inc. appealed from an order denying its motion to dissolve a prejudgment asset-freeze injunction freezing its bank accounts. The Florida District Court of Appeal reversed, holding that a prejudgment injunction freezing bank assets is impermissible where the
• Colonial Bank, N.A. v. Taylor Morrison Servs., Inc.
  10 So. 3d 653· Fla. 5th DCA· 2009-04-03 ·cited 12×
  The court held that the trial court abused its discretion in granting a temporary injunction because the party seeking it did not demonstrate a likelihood of success on the merits.
• M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc.
  6 So. 3d 627· Fla. 4th DCA· 2009-01-05 ·cited 12×
  M.I. Industries challenges an ex parte injunction freezing its bank accounts and assets pending litigation over alleged illegal land-flipping schemes involving a title insurance fund's member-agent. The court reverses, holding that injunctions freezing commingled bank accounts ar
• Wade v. Brown
  928 So. 2d 1260· Fla. 4th DCA· 2006-05-24 ·cited 12×
  The court held that a temporary injunction was improperly granted because the record failed to demonstrate irreparable harm.
• Clare v. Coleman (Parent) Holdings, Inc.
  928 So. 2d 1246· Fla. 4th DCA· 2006-05-24 ·cited 12×
  An out-of-state attorney admitted pro hac vice challenged the trial court's revocation of his admission status, which occurred without notice or opportunity to be heard. The court granted the petition for writ of certiorari, finding the revocation violated essential requirements
• Soud v. Kendale, Inc.
  788 So. 2d 1051· Fla. 1st DCA· 2001-04-26 ·cited 12×
  The Florida First District Court of Appeal reversed a temporary injunction granted ex parte against the Jacksonville City Council, holding that the trial court failed to comply with Rule 1.610(a) of the Florida Rules of Civil Procedure, which requires certification of notice effo
• Cargill v. Sunlight Foods
  586 So. 2d 366· Fla. 3d DCA· 1991-06-18 ·cited 12×
  Cargill appeals the trial court's denial of its motion to dissolve an injunction blocking payment on a letter of credit and to increase the injunction bond. The court reversed, holding that Sunlight failed to establish the requisite elements for injunctive relief and that the doc
• Fleet Wholesale Supply Co., Inc. v. Remington Arms Co., Inc.
  846 F.2d 1095· 7th Cir.· 1988-05-06 ·cited 12×
  The court held that a firm whose sales from a supplier constitute only 0.5% of its total business is unlikely to be considered a 'dealer' under the Wisconsin Fair Dealership Law, and thus is not entitled to a preliminary injunction against a price increase.
• Kroblin Refrigerated Xpress, Inc. v. Wernert J. Pitterich
  805 F.2d 96· 3d Cir.· 1986-11-06 ·cited 12×
  The Third Circuit affirmed the district court's rulings on the guarantee clause, frustration of purpose, specific performance, shareholder standing, and the law firm's fiduciary duty. However, it reversed the district court's determination that Pitterich's $100,000 claim under th
• Hobson v. Fischbeck
  758 F.2d 579· 11th Cir.· 1985-04-19 ·cited 12×
  The court held that federal courts lack subject matter jurisdiction to enjoin tax collection and that the defendants are immune from damages.
• Allegra Enters., Inc. v. Fairchild
  455 So. 2d 1073· Fla. 4th DCA· 1984-09-05 ·cited 12×
• Canadian Transp. Co. v. Irving Tr. Co.
  548 F.2d 53· 2d Cir.· 1977-01-17 ·cited 12×
  The court held that the district court was justified in denying a preliminary injunction because the plaintiff had not met the tests for such an injunction and there appeared to be an adequate remedy at law.
• Wooten v. The First Nat'l Bank OF ST. Paul
  490 F.2d 1275· 8th Cir.· 1974-02-01 ·cited 12×
  The court held that appeals from the dismissal of a party and the denial of a three-judge court are not reviewable without a final order, and affirmed the denial of a temporary injunction.
• Moneyhun v. Purdy
  258 So. 2d 505· Fla. 3d DCA· 1972-02-29 ·cited 12×
  A former Dade County Sheriff's Deputy sought mandamus to overturn his dismissal, alleging perjured testimony and prosecutorial misconduct at his administrative hearing. The appellate court affirmed the circuit court's denial of the mandamus petition, holding that reinstatement wo
• Bd. OF Cnty. Comm'rs OF Okaloosa Cnty. v. Gulf Pipeline Co., Inc.
  168 So. 2d 757· Fla. 1st DCA· 1964-11-17 ·cited 12×
  The court held that while a legal claim for the 15% overrun was barred by a release, the subcontractor had an equitable claim for half of the costs associated with that overrun due to the government's inaccurate estimate and insufficient time for bidders to verify it.
• Gen. Elec. Co. v. Callahan
  294 F.2d 60· 5th Cir.· 1961-08-24 ·cited 12×
  A federal court may enjoin a state board from acting in a labor dispute when federal law has preempted the field, as state action would conflict with federal policy encouraging voluntary collective bargaining.
• Dewing v. Nelson & Co., Inc.
  117 So. 2d 744· Fla. 2d DCA· 1960-02-05 ·cited 12×
  A fertilizer company supplied materials to a grove that was under contract to be sold, and sought an equitable lien against the property when the buyer failed to pay. The court held that no equitable lien could be granted because the company had knowledge of the true ownership an
• Beacon Theatres, Inc. v. The Hon. Harry C. Westover
  252 F.2d 864· 9th Cir.· 1958-01-07 ·cited 12×
  A writ of mandamus should issue to vacate the order striking the jury demand and the order for separate trials, as the district court's equitable claims do not defeat the defendant's right to a jury trial on its legal counterclaim, especially when issues overlap.
• Smith v. Duldner
  175 F.2d 629· 6th Cir.· 1949-07-05 ·cited 12×
  A party must exhaust available administrative remedies before seeking injunctive relief, even if challenging the constitutionality of the underlying regulations.
• Ray Richardson, Inc. v. Carlton
  140 Fla. 229· Fla.· 1939-10-10 ·cited 12×
  The Florida Supreme Court affirmed a lower court's decision denying specific performance of a land contract because the contract was not signed by the wives of the sellers, and the chancellor found the buyer had an adequate remedy at law. The court emphasized that specific perfor
• Coslick v. Finney
  104 Fla. 394· Fla.· 1932-03-03 ·cited 12×
  The Florida Supreme Court quashed a writ of certiorari, finding that the clerk of the circuit court had the authority to enter a default judgment for breach of real estate contracts. The court held that the judgment was valid because all prerequisites were met, and even if it wer
• Swoope v. The City of New Smyrna
  98 Fla. 1082· Fla.· 1929-12-18 ·cited 12×
  The Florida Supreme Court reversed an injunction granted to prevent M.L. Fuller from acting as city auditor and clerk of New Smyrna, holding that mandamus or quo warranto—not injunction—is the proper remedy when the sole issue is the right to a municipal office.
• Morgan v. The City of Lakeland
  90 Fla. 525· Fla.· 1925-11-06 ·cited 12×
  A Florida taxpayer challenged a city ordinance impounding cattle running at large and imposing fees for their recovery, claiming the fees were excessive and confiscatory. The Florida Supreme Court reversed the dismissal of the bill of complaint, holding that the ordinance's impou
• Smith v. Powell
  80 Fla. 166· Fla.· 1920-07-02 ·cited 12×
  Smith sought equity relief (injunction and specific performance) after Powell failed to convey land due to lack of title, but the Florida Supreme Court affirmed dismissal on the ground that Smith had an adequate legal remedy and therefore lacked standing for equitable relief.
• Hughey v. Winborne
  44 Fla. 601· Fla.· 1902-06-01 ·cited 12×
  In this equity suit to remove a cloud on title from a tax deed, the Florida Supreme Court affirmed the trial court's judgment that the tax deed was void due to irregularities in the assessment process. The court held that a tax deed is not prima facie evidence of a valid sale, an
• Manatee Cnty. v. 1187 Upper James OF Fla., LLC
  104 So. 3d 1118· Fla. 2d DCA· 2012-11-16 ·cited 11×
  Manatee County appealed the denial of its motion for a temporary injunction requiring a restaurant to comply with entertainment restrictions in a county ordinance. The Second District reversed, holding that the County established a likelihood of success on the merits and that the
• Ksaibati v. Ahmad Ghassan Ksaibati
  824 So. 2d 219· Fla. 2d DCA· 2002-07-19 ·cited 11×
  In a post-divorce dispute, the trial court ordered the former wife's share of marital home sale proceeds escrowed and imposed additional visitation requirements without proper modification pleadings. The appellate court affirmed the denial of the former wife's entry/inspection mo
• Duryea v. Slater
  677 So. 2d 79· Fla. 2d DCA· 1996-07-19 ·cited 11×
  Dan Duryea appeals a temporary injunction that removed a hold he placed on a law firm's checking account and prevented his access to the account. The court reverses, finding the trial court failed to adequately prove the four required criteria for granting an extraordinary tempor
• Rosasco v. Rosasco
  641 So. 2d 493· Fla. 1st DCA· 1994-08-22 ·cited 11×
  In a dissolution of marriage case, the trial court ordered the husband to escrow $51,000 in proceeds from a land sale to secure payment of the wife's attorney's fees pending resolution of the fee dispute. The appellate court reversed, holding that the escrow order constituted an
• United States v. Elias
  921 F.2d 870· 9th Cir.· 1990-12-11 ·cited 11×
  The court held that a Rule 41(e) motion for return of property is properly dismissed when civil administrative forfeiture proceedings have been initiated, as this provides an adequate remedy at law.
• S. Records & Tape Serv. v. The Honorable Murray Goldman
  458 So. 2d 325· Fla. 3d DCA· 1984-10-02 ·cited 11×
  The court held that prohibition is not the proper remedy when an appeal is available, and circuit courts have jurisdiction over matters involving significant amounts or equitable relief.
• Blue Ribbon Quality Meats, Inc. v. Fed. Trade Comm'n
  560 F.2d 874· 8th Cir.· 1977-07-21 ·cited 11×
  The court held that the district court did not err in dismissing the action for declaratory and injunctive relief, finding that appellants had an adequate remedy at law.
• Milwaukee Constr. Co. (Inc.) v. Glens Falls Ins. Co.
  367 F.2d 964· 9th Cir.· 1966-10-24 ·cited 11×
  A surety can seek equitable relief, specifically specific performance of an indemnity agreement, to compel a principal to deposit funds as collateral when the principal has defaulted and the surety faces potential liability, even if the exact amount of loss is not yet precisely d
• Sec. Tr. Co. v. The Honorable Pat Cannon
  165 So. 2d 834· Fla. 3d DCA· 1964-02-25 ·cited 11×
  Security Trust Company, as executor of a decedent's estate under probate court jurisdiction, sought prohibition to prevent the circuit court from hearing a lawsuit by the estate's beneficiaries alleging mismanagement and waste of estate assets. The court held that the probate cou
• Hart v. Kapnias
  157 Fla. 846· Fla.· 1946-08-02 ·cited 11×
  This case addresses whether a trial court properly granted a temporary injunction without bond in a land dispute case, and whether the court properly transferred the case from equity to law for ejectment proceedings. The Florida Supreme Court held that the chancellor had discreti