Adequate Remedy At Law

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

• Gurvis J. Richard v. Gulf Theatres
  155 Fla. 626· Fla.· 1945-02-16 ·cited 11×
  Property owner Richard appealed the dismissal of his bill seeking to enjoin Gulf Theatres from obstructing Nebraska Avenue Loop. The Florida Supreme Court affirmed, holding that the obstruction did not specially injure Richard's individual property rights but merely interfered wi
• Honorable Otis M. Cobb v. State
  136 Fla. 479· Fla.· 1938-10-14 ·cited 11×
  The Florida Supreme Court reversed a writ of prohibition issued by the lower court, holding that a defendant's special appearance motion, which challenged jurisdiction but also included grounds recognizing the court's jurisdiction, constituted a general appearance thereby subject
• Rosenbaum v. State Rd. Dep't & Levy Cnty.
  129 Fla. 723· Fla.· 1937-10-28 ·cited 11×
  This case concerns whether property owners can seek equitable relief, specifically a lien, when a government entity appropriates their land for public use without full payment. The court held that equity is the proper venue to establish such a lien.
• Phillips Co. of Del. v. Wagner
  115 Fla. 631· Fla.· 1934-06-25 ·cited 11×
  Phillips Company, as assignee of a fire sprinkler system lease contract, sought to enforce the contract against the property's new owner after the original lessee became insolvent and bankrupt. The Florida Supreme Court reversed the trial court's dismissal, holding that the sprin
• Earle B. Allison v. Handy Andy Cmty. Stores, Inc.
  106 Fla. 274· Fla.· 1932-07-26 ·cited 11×
  The Florida Supreme Court reversed a lower court's order that overruled a demurrer and refused to dissolve a temporary injunction. The court found that equity was not a proper remedy for the complainant, who alleged a false return of service on a summons, because adequate remedie
• Wheeler v. Matthews
  70 Fla. 317· Fla.· 1915-11-17 ·cited 11×
  The Florida Supreme Court reversed a circuit court order overruling a demurrer to a bill of complaint filed by a receiver against the former president of an insolvent corporation seeking an accounting of funds collected after a fire destroyed the company's inventory. The court he
• Smart Pharmacy, Inc. v. Viccari
  213 So. 3d 986· Fla. 1st DCA· 2016-05-31 ·cited 10×
  Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
• Neuteleers v. Patio Homeowners Ass'n, Inc.
  114 So. 3d 299· Fla. 4th DCA· 2013-05-08 ·cited 10×
  The court held that the trial court properly denied the motion to vacate the final judgment because the complaint stated a cause of action on its face, and the appellants' arguments for vacating the judgment were either waived, raised too late, or premature.
• Invego Auto Parts, Inc. v. Rodriguez
  34 So. 3d 103· Fla. 3d DCA· 2010-04-14 ·cited 10×
  Invego Auto Parts sought specific performance to compel the sale of real property after exercising its purchase option. The trial court denied specific performance, finding Invego was not ready, willing, and able to purchase. The appellate court reversed, holding that Invego pres
• Ga. Banking Co. v. GMC Lending & Mortg. Servs. Corp
  923 So. 2d 1224· Fla. 3d DCA· 2006-03-22 ·cited 10×
  Georgia Banking Company appeals the dissolution of an ex parte temporary injunction that froze bank accounts held by GMC Lending & Mortgage Services Corp. The court reversed, holding that the Bank demonstrated a likelihood of irreparable harm sufficient to support injunctive reli
• Riverland & Indian SUN L.C. v. L.J. Melody & Co.
  879 So. 2d 1271· Fla. 3d DCA· 2004-08-11 ·cited 10×
  The court held that a temporary injunction impressing a constructive trust was improper because there was no existing res (trust property) upon which to impose it, and an adequate remedy at law likely existed.
• Fla. Water Servs. Corp. v. Hannah M. "Nancy" Robinson
  856 So. 2d 1035· Fla. 5th DCA· 2003-08-08 ·cited 10×
  Florida Water Services Corporation sought a writ of prohibition to prevent the Hernando County Board of Commissioners from considering its well permit applications, claiming the Board had an institutional conflict of interest because it intended to condemn Florida Water's assets.
• THE Stephan Co. v. Faulding Healthcare (IP) Holdings, Inc.
  844 So. 2d 676· Fla. 4th DCA· 2003-04-16 ·cited 10×
  The court held that a temporary injunction was erroneously granted because there was no indication of future harm or a likelihood of repeated infringing activity.
• S.H. v. Dep't OF Child. & Families
  769 So. 2d 452· Fla. 5th DCA· 2000-10-06 ·cited 10×
• Mercado Oriental, Inc. v. Maynor Marin
  725 So. 2d 468· Fla. 3d DCA· 1999-02-17 ·cited 10×
  Mercado Oriental appeals a trial court order freezing $40,000 from company sale proceeds in an attorney's trust account pending resolution of an employee's lawsuit for overtime wages and other damages. The appellate court reverses, holding that the trial court failed to satisfy t
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• Emp. Benefit Plans, Inc. v. Radice Corporate Ctr. I, Inc.
  593 So. 2d 1125· Fla. 4th DCA· 1992-02-05 ·cited 10×
  Employee Benefit Plans, Inc. (EBP) appealed the denial of its motion to dissolve a temporary injunction issued by Radice Corporate Center I, Inc., the owner of an office building where EBP administered health benefit plans. The Fourth District Court of Appeal reversed, holding th
• Pelfresne v. Vill. OF Williams BAY
  865 F.2d 877· 7th Cir.· 1989-01-13 ·cited 10×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff was unlikely to succeed on the merits and would not suffer irreparable harm, while deferring the Anti-Injunction Act issue for further factfinding.
• T.K. Commc'ns, Inc. v. Herman
  505 So. 2d 484· Fla. 4th DCA· 1987-03-16 ·cited 10×
  T.K. Communications (WSHE) appeals the denial of a temporary injunction against former disc jockeys who breached a non-compete covenant by accepting employment at a competing radio station within the restricted period. The court reverses, holding that the employees violated the n
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Zalman v. Armstrong
  802 F.2d 199· 6th Cir.· 1986-09-29 ·cited 10×
  The court held that the district court should have abstained under Younger v. Harris principles because a state criminal proceeding was pending when the federal action was filed, and no extraordinary circumstances justified federal intervention. The court vacated the district cou
• Burrus v. Turnbo
  743 F.2d 693· 9th Cir.· 1984-09-25 ·cited 10×
  The court held that the Interstate Agreement on Detainers (IAD) mandates dismissal with prejudice if a receiving state returns a prisoner to the sending state before trial, regardless of the reason for the return or subsequent appellate reinstatement of the indictment.
• W.H. Martin and C.H. Martin v. Pinellas Cnty.
  444 So. 2d 439· Fla. 2d DCA· 1983-12-14 ·cited 10×
  The court held that the trial court did not err in issuing a preliminary mandatory injunction to remove illegally dumped materials threatening a public water supply, nor in denying a motion to dissolve the injunction pending appeal.
• Asher Melzer v. Jacob Agay H. & Sanina, N.V.
  426 So. 2d 1049· Fla. 3d DCA· 1983-01-25 ·cited 10×
  The court held that the plaintiff was not entitled to specific performance or injunctive relief, and the defendants failed to establish actionable fraud or consequential damages for breach of contract.
• Birch v. Honorable Earl J. Mazander
  678 F.2d 754· 8th Cir.· 1982-05-20 ·cited 10×
  A judge is immune from liability for damages if acting within jurisdiction and performing judicial acts, and equitable relief requires irreparable harm and lack of adequate legal remedy.
• NEW England Legal Found. v. Costle
  666 F.2d 30· 2d Cir.· 1981-08-24 ·cited 10×
  The court held that EPA approval of LILCO's use of high sulfur fuel precludes a federal common law nuisance action against LILCO.
• Shellie Rowell v. Smith
  342 So. 2d 149· Fla. 1st DCA· 1977-02-15 ·cited 10×
  Florida appellate court vacated a stay of proceedings in a money damages action where the plaintiff was not a party to the related action on which the stay was based, finding the stay not in accord with essential requirements of law.
• The City OF Hallandale v. State of Fla. ex rel. Sage Corp.
  298 So. 2d 437· Fla. 4th DCA· 1974-08-09 ·cited 10×
  The trial court erred in granting summary judgment for the petitioner because the petitioner failed to conclusively refute the respondent's affirmative defenses.
• de Lara v. Confederation Life Ass'n
  257 So. 2d 42· Fla.· 1971-12-01 ·cited 10×
  The Supreme Court reviewed a decision of the District Court of Appeal concerning the recovery of life insurance policy proceeds in U.S. dollars for policies sold in Cuba, asserting jurisdiction due to conflict with a prior ruling.
• Simpson v. Broward Cnty.
  241 So. 2d 193· Fla. 4th DCA· 1970-11-25 ·cited 10×
  The court held that the pretrial order excluding evidence of noise from aircraft using an avigation easement is not reviewable by certiorari because the defendants have an adequate remedy by appeal after final judgment.
• Bardill v. Holcomb
  215 So. 2d 64· Fla. 4th DCA· 1968-09-10 ·cited 10×
  Bardill appealed from a final decree ordering him to pay oil lease deficiencies and assigning additional leases to Holcomb as equitable relief. The court reversed, holding that the note and guaranty agreement constituted an enforceable warranty contract on which Holcomb had an ad
• Captain Howard Brett Levy v. Honorable Howard F. Corcoran
  389 F.2d 929· D.C. Cir.· 1967-06-07 ·cited 10×
  The court denied the petition for a writ of mandamus and application for a stay, finding that the petitioner had an adequate remedy at law and that the court lacked jurisdiction to grant injunctive relief against military proceedings.
• Edwards v. Habib
  366 F.2d 628· D.C. Cir.· 1965-12-03 ·cited 10×
• Mohawk Airlines, Inc. v. Civil Aeronautics Bd.
  329 F.2d 894· D.C. Cir.· 1964-02-20 ·cited 10×
  The court held that the Civil Aeronautics Board's letter stating its intent to disallow certain claimed miles was not a reviewable order under the Federal Aviation Act, and Mohawk had an adequate remedy in the Court of Claims.
• Charles R. Shepherd, Inc. v. Monaghan
  256 F.2d 882· 5th Cir.· 1958-06-30 ·cited 10×
  The federal court lacks jurisdiction to enjoin the collection of state taxes when an adequate state remedy exists, as provided by the Johnson Act.
• Huie v. Lewis
  71 So. 2d 498· Fla.· 1954-04-02 ·cited 10×
  The Florida Supreme Court denied a petition for writ of certiorari, finding that it was not the proper procedural vehicle to review an order denying a request for a writ of mandamus. The petitioner, a writer under contract to write a story about Ruby McCollum, sought to interview
• Richfield Oil Corp. v. United States
  207 F.2d 864· 9th Cir.· 1953-10-21 ·cited 10×
  The court held that the district court properly dismissed the action because the claims were either maritime in nature, barred by the Suits in Admiralty Act, or lacked final agency action for review under the Administrative Procedure Act, and in all cases, adequate remedies exist
• Pac. Am. Fisheries, Inc. v. Mullaney
  191 F.2d 137· 9th Cir.· 1951-06-25 ·cited 10×
  The court held that the summary judgment was erroneous because the appellant was not given an opportunity to present evidence on factual issues and the case presented grounds for declaratory and injunctive relief.
• Porto RICO Tel. Co. v. Puerto RICO Commc'ns Auth.
  189 F.2d 39· 1st Cir.· 1951-05-08 ·cited 10×
  The court held that the plaintiff has an adequate remedy at law under the Eminent Domain Act, and therefore, the district court correctly dismissed the complaint for want of equitable jurisdiction.
• Tovar v. Jarecki
  173 F.2d 449· 7th Cir.· 1949-02-25 ·cited 10×
  The court held that the marihuana tax was a penalty, not a revenue measure, and therefore a court of equity could enjoin its collection despite statutory prohibitions.
• Phifer v. Steenburg
  66 Fla. 555· Fla.· 1914-01-06 ·cited 10×
  Phifer purchased land from Steenburg's agents for a stated 3,500 acres for $10,000 based on the agent's warranties, but the subsequent survey revealed a shortage of 540 acres. The Florida Supreme Court reversed the dismissal and held that despite the 'more or less' language in th
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 9×
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• State v. Alfred Ivan Murciano, M.D.
  163 So. 3d 662· Fla. 1st DCA· 2015-04-29 ·cited 9×
  The Florida First District Court of Appeal granted AHCA's petition for review of non-final agency action, holding that an administrative law judge must make express factual findings on each contested Medicaid claim to satisfy due process requirements before the agency can issue a
• McKEEGAN v. Ernst
  84 So. 3d 1229· Fla. 4th DCA· 2012-04-11 ·cited 9×
  Rita McKeegan appealed an ex parte temporary injunction granted against her by the trial court. The Fourth District Court of Appeal reversed, finding the injunction facially deficient because it lacked sufficient factual findings supporting each prong of the four-part injunction
• Jouvence Ctr. FOR Advanced Health, LLC v. Jouvence Rejuvenation Ctrs., LLC
  14 So. 3d 1097· Fla. 4th DCA· 2009-06-10 ·cited 9×
  A Florida appellate court reversed a preliminary injunction granted to JRC against JCAH and the Haskins, finding that the trial court failed to make the required factual findings and failed to establish JRC's likelihood of success on the merits regarding whether the patient files
• Barclays Am. Mortg. Corp. v. Holmes
  595 So. 2d 104· Fla. 5th DCA· 1992-02-07 ·cited 9×
• Dawson v. Childs
  665 F.2d 705· 5th Cir.· 1982-01-14 ·cited 9×
  The court held that the Tax Injunction Act barred federal jurisdiction over claims seeking to enjoin state tax collection or dissolve tax liens, but federal courts retain jurisdiction over claims by the United States to protect its property from taxation. The court affirmed that
• Norman v. Pinellas Cnty.
  250 So. 2d 279· Fla. 2d DCA· 1971-07-09 ·cited 9×
  Certiorari is not an appropriate remedy to review a circuit court's denial of a petition for certiorari when an appeal was available, and the court lacks jurisdiction if a timely appeal was not filed.
• O. H. Thomason Builders' Supplies, Inc. v. Orsbia Goodwin
  152 So. 2d 797· Fla. 1st DCA· 1963-04-30 ·cited 9×
  A materialman sued to foreclose a lien on property after selling building materials that were incorporated into improvements, but failed to comply with statutory lien notice requirements. The court affirmed dismissal, holding that while an equitable lien may be available when sta
• Nat'l Ass'n FOR the Advancement OF Colored People v. Webb's City, Inc.
  152 So. 2d 179· Fla. 2d DCA· 1963-04-17 ·cited 9×
  The NAACP and its St. Petersburg chapter members appealed a permanent injunction prohibiting picketing and boycotts of Webb's City, a department store, which they organized to protest segregationist policies and employment discrimination. The court affirmed the injunction, holdin