Adequate Remedy At Law

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

• Martin v. Nat'l League Baseball Club
  174 F.2d 917· 2d Cir.· 1949-06-02 ·cited 9×
  The court held that the order denying the preliminary injunction was legally sound based on the record, as the plaintiffs failed to establish jurisdiction or that the reserve clause violated antitrust laws.
• The Riviera Club v. The City of Ormond
  147 Fla. 401· Fla.· 1941-06-03 ·cited 9×
  The Riviera Club challenged the constitutionality of a 1931 special act incorporating the City of Ormond, arguing that certain wild, unimproved lands within the municipality's boundaries could not benefit from incorporation and therefore could not be taxed for municipal purposes.
• Nunn v. Fla. Air Conditioning & Refrigeration Corp. & R. Ernest Nitzsche
  143 Fla. 648· Fla.· 1940-07-09 ·cited 9×
  This case concerns whether a court of equity, finding an adequate remedy at law, should dismiss a case with prejudice or transfer it to the appropriate law court. The appellate court held that dismissal with prejudice was improper and ordered the case transferred, affirming the f
• Orange Cnty. v. Robinson
  110 Fla. 318· Fla.· 1933-05-26 ·cited 9×
  Orange County sought an accounting of fees and revenues collected by the Clerk of the Circuit Court between 1923 and 1927 under statutory provisions requiring county officers to account for fees and commissions. The Florida Supreme Court held that the 1927 amendments did not repe
• Ropes v. Jenerson
  45 Fla. 556· Fla.· 1903-01-01 ·cited 9×
  The court considered whether a purchaser at a sheriff's sale, who was not in possession of the property, could use equity to set aside a prior conveyance of real estate as fraudulent. The court held that such a suit in equity is improper when the complainant has a legal remedy.
• Keen v. Jordan
  13 Fla. 327· Fla.· 1869-01-01 ·cited 9×
  This case concerns whether a court of chancery has the authority to re-establish destroyed court records for another court. The appellate court found that chancery does not have this jurisdiction, as the power to control and supply its own records is inherent to the court where t
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• Tbom Mortg. Holding, LLC v. Brown
  59 So. 3d 322· Fla. 3d DCA· 2011-04-20 ·cited 8×
  The petition for writ of mandamus should be denied because it was untimely filed and the trial court's ruling was discretionary, not ministerial.
• La Gorce Palace Condo Assoc., Inc. v. QBE Ins.
  733 F. Supp. 2d 1332· S.D. Fla.· 2010-08-10 ·cited 8×
  The court held that the plaintiff failed to state a claim for specific performance of the appraisal clause and for declaratory relief regarding contract validity and coinsurance, but granted leave to re-plead the claim for declaratory relief concerning the hurricane deductible.
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• Bostic v. State
  875 So. 2d 785· Fla. 2d DCA· 2004-06-23 ·cited 8×
  Edward Bostic sought a writ of mandamus to compel the clerk of court to provide a certified copy of his arrest warrant after two years of unsuccessful requests. The trial court denied the petition, but the appellate court reversed, holding that the trial court failed to follow pr
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• Zuckerman v. Alex Hofrichter, P.A.
  630 So. 2d 210· Fla. 3d DCA· 1993-12-21 ·cited 8×
  Roberta Zuckerman appealed the dismissal of her complaint seeking relief from a judgment against her husband under Florida Rule of Civil Procedure 1.540(b). The court affirmed, holding that a non-party cannot pursue an independent action attacking a final judgment that is current
• Abbott Labs. v. Mead Johnson & Co.
  971 F.2d 6· 7th Cir.· 1992-07-23 ·cited 8×
  The court held that the district court abused its discretion in denying a preliminary injunction, finding that Abbott had established a likelihood of success on its false advertising claim and that irreparable harm was not adequately rebutted.
• Kowalski v. Chicago Tribune Co.
  854 F.2d 168· 7th Cir.· 1988-07-22 ·cited 8×
  The court held that the distributors were not entitled to a preliminary injunction because they had an adequate remedy at law through arbitration and had waived their right to equitable relief.
• Collier v. Boney
  525 So. 2d 971· Fla. 1st DCA· 1988-05-12 ·cited 8×
  The trial court improperly granted rescission of the agreement because the appellee had an adequate remedy at law through a breach of contract action.
• Formax, Inc. v. Hostert
  841 F.2d 388· Fed. Cir.· 1988-02-16 ·cited 8×
  The court held that the denial of a preliminary injunction to prevent the use of misappropriated manufacturing prints was an abuse of discretion.
• Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n
  766 F.2d 932· 6th Cir.· 1985-06-26 ·cited 8×
  The court held that applying the Ohio Civil Rights Act to a pervasively religious institution like Dayton Christian Schools would violate the First Amendment's Free Exercise and Establishment Clauses.
• In re GTE Serv. Corp.
  762 F.2d 1024· D.C. Cir.· 1985-05-28 ·cited 8×
  The court held that a petition for a writ of mandamus seeking to stay an agency order is improper when an adequate statutory remedy, such as a petition for review, exists. The court also clarified that it lacks jurisdiction to grant a stay without a pending petition for review.
• Conn. Res. Recovery Auth. v. Occidental Petroleum Corp.
  705 F.2d 31· 2d Cir.· 1983-04-06 ·cited 8×
  The court held that a request for injunctive enforcement of a contract's status quo provision pending arbitration requires a demonstration of supporting equitable factors, such as the absence of an adequate remedy at law or a danger of irreparable harm.
• Royco, Inc. v. Cottengim
  427 So. 2d 759· Fla. 5th DCA· 1983-01-26 ·cited 8×
  Royco sold a defective mobile home to the Cottengims that failed to match the model shown and did not accommodate the buyer's wheelchair accessibility needs. The trial court allowed cancellation of the contract and recovery of payments under Florida's Uniform Commercial Code, and
• In re Davis v. Sheldon
  691 F.2d 176· 3d Cir.· 1982-10-21 ·cited 8×
  A federal court should not enjoin pending state criminal prosecutions impacting bankruptcy proceedings when the state has a legitimate interest and the defendants have not demonstrated bad faith or irreparable harm.
• The Singer Co. v. P. R. Mallory & Co., Inc.
  671 F.2d 232· 7th Cir.· 1982-02-12 ·cited 8×
  The court held that the district court abused its discretion by issuing an injunction against patent reissue proceedings and staying the Patent Office, as the moving party failed to demonstrate irreparable harm and other necessary prerequisites for injunctive relief.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. Hill
  641 F.2d 307· 5th Cir.· 1981-04-02 ·cited 8×
  The court held that Pullman abstention was inappropriate for claims concerning the exclusion of atheists from holding judicial office in Texas, and that O'Hair had no adequate remedy at law in Texas courts.
• Lake Tippecanoe Owners Ass'n, Inc. v. Nat'l Lake Developments, Inc.
  390 So. 2d 185· Fla. 2d DCA· 1980-11-19 ·cited 8×
  The court held that retroactive application of Fla. Stat. § 718.401(4) to a pre-existing lease without express consent is an unconstitutional impairment of contract rights, thus the trial court erred in requiring payments under that statute.
• In re Christian
  606 F.2d 822· 8th Cir.· 1979-10-05 ·cited 8×
  The court denied the writ of mandamus because the administrative appeal is now moot and review is properly in federal court.
• Egidi Indus. Park Corp. v. Wide Open Spaces, Inc.
  335 So. 2d 870· Fla. 3d DCA· 1976-08-03 ·cited 8×
  Egidi Industrial Park Corporation appealed from a trial court's dismissal of its cross-claim against Second National Bank, denial of supersedeas relief, and entry of summary judgment in favor of Wide Open Spaces, Inc. in a mortgage foreclosure action. The appellate court affirmed
• The State OF NEW York v. White
  528 F.2d 336· 2d Cir.· 1975-12-29 ·cited 8×
  The court held that the state's complaint, as pleaded, did not establish federal question jurisdiction because it did not necessarily raise an issue of federal law, but allowed amendment.
• Rhodes v. City OF Chicago in Tr. For the USE OF Schs.
  516 F.2d 1373· 7th Cir.· 1975-04-28 ·cited 8×
  The court held that the district court properly granted summary judgment because the Uniform Relocation Assistance and Real Property Acquisition Act does not create private rights of action, and the state court provided an adequate forum for the plaintiffs' claims.
• The Home Indem. Co. v. Moore
  499 F.2d 1202· 8th Cir.· 1974-06-13 ·cited 8×
  The court clarified that its prior opinion did not broadly narrow the right to interpleader relief, but affirmed the denial based on the existence of an adequate remedy in another court.
• Marshall v. Scott
  277 So. 2d 546· Fla. 2d DCA· 1973-05-16 ·cited 8×
  Marshall appealed a trial court order striking portions of an amended complaint seeking an equitable lien against Scott's electric company. The Florida appellate court reversed and remanded, finding that Scott's allegations were insufficient as a matter of law to state a cause of
• Crenshaw Cnty. Private Sch. Found. v. Connally
  474 F.2d 1185· 5th Cir.· 1973-03-14 ·cited 8×
  The court held that the suit to enjoin the IRS from withdrawing tax-exempt status was barred by 26 U.S.C.A. § 7421(a), as the action directly related to the assessment and collection of taxes.
• Mixing Equip. Co., Inc. v. Philadelphia Gear, Inc.
  436 F.2d 1308· 3d Cir.· 1971-01-11 ·cited 8×
  The dissenting judge would terminate the preliminary injunction and remand for a hearing on damages.
• Imler Earthmovers, Inc. v. Schatten
  240 So. 2d 76· Fla. 1st DCA· 1970-10-06 ·cited 8×
  Imler Earthmovers appealed the dismissal of its complaint seeking an equitable lien on defendants' property for unpaid contract work. The appellate court reversed, holding that the complaint alleged sufficient facts to support an equitable lien claim and that the motion to dismis
• Brooks v. Nacrelli
  415 F.2d 272· 3d Cir.· 1969-06-25 ·cited 8×
  The court held that the district court erred in dismissing the complaint, as resisting a preliminary injunction motion does not automatically entitle a defendant to summary judgment without further opportunity for evidence.
• Gosta Tollius v. Dutch Inns OF Am., Inc.
  218 So. 2d 504· Fla. 3d DCA· 1969-01-28 ·cited 8×
  A landlord sought to evict commercial tenants through an unlawful detainer action in civil court, but the tenants obtained a temporary injunction from circuit court to restrain the eviction proceedings while they pursued a declaratory judgment action. The appellate court affirmed
• James v. Pa. Gen. Ins. Co.
  349 F.2d 228· D.C. Cir.· 1965-06-30 ·cited 8×
  The court held that the insured's right to a jury trial in a declaratory judgment action concerning insurance policy validity was not definitively resolved and requires further determination.
• State Rd. Dep't of Fla. v. Eustas M. Bainbridge and Dora M. Bainbridge
  171 So. 2d 609· Fla. 1st DCA· 1965-02-18 ·cited 8×
  The Florida District Court of Appeal, First District, denied a petition for writ of certiorari, holding that common law certiorari is not an appropriate remedy to review a partial summary judgment in an eminent domain case. The court emphasized that appellate courts should not in
• Vance v. Scanlon
  121 So. 2d 709· Fla. 2d DCA· 1960-06-24 ·cited 8×
  The appellate court reviewed a decree that dismissed a complaint seeking equitable relief, questioning whether the plaintiff stated a cause for equitable relief after accepting an oral offer for his contract rights.
• Mo. Valley Intercollegiate Athletic Ass'n v. Bookwalter
  276 F.2d 365· 8th Cir.· 1960-04-05 ·cited 8×
  A taxpayer cannot maintain a suit to restrain the assessment or collection of taxes if they have an adequate remedy at law, even if they dispute their liability.
• Biscayne Assocs., Inc. v. Robe B. Carson and Margaret Carson
  104 So. 2d 871· Fla. 3d DCA· 1958-09-09 ·cited 8×
  Biscayne Associates appeals from a decree requiring it to specifically perform a contract with the Carsons to restrict its use of adjacent property. The court affirmed, holding that specific performance was an appropriate remedy and that the evidence supported each of the five br
• State Farm Mut. Auto. Ins. Co. v. Mossey
  195 F.2d 56· 7th Cir.· 1952-01-30 ·cited 8×
  The court held that an insurer may bring a declaratory judgment action to void a policy procured by material misrepresentation, even if the loss has occurred, and that the denial of a jury trial was proper as the action was equitable.
• Mullaney v. Hess
  189 F.2d 417· 9th Cir.· 1951-05-10 ·cited 8×
  The court held that the injunction against the collection of taxes under the Alaska Property Tax Act must be reversed because the appellees have an adequate remedy at law through the statutory protest and refund procedure.
• Petition of Therianos
  171 F.2d 886· 3d Cir.· 1948-12-27 ·cited 8×
  The court held that a writ of prohibition is not appropriate at this juncture because the district court has not yet made findings of fact and the seamen have an adequate remedy by appeal.
• Norwood v. Davis
  158 Fla. 352· Fla.· 1946-12-10 ·cited 8×
  Joseph Norwood, a real estate broker, sued C. Hayden Davis and other hotel owners to recover a $16,250 commission for procuring Harry Simberg as the purchaser of the Broadripple Hotel in Miami Beach. The Florida Supreme Court reversed the lower court's dismissal, holding that Nor
• Miller v. City OF Greenville
  138 F.2d 712· 8th Cir.· 1943-11-04 ·cited 8×
  The federal court should not exercise jurisdiction over a dispute concerning state taxation of a bridge, as there is no substantial federal question and adequate state remedies exist.
• Seaboard Sur. Co. v. Spear
  119 F.2d 849· 6th Cir.· 1941-05-15 ·cited 8×
  The court held that plaintiffs had an equitable lien on settlement funds paid to the surety for work on Michigan camps, and that they did not have an adequate remedy at law.
• Cornelius v. State
  136 Fla. 506· Fla.· 1938-10-31 ·cited 8×
  The Florida Supreme Court affirmed a peremptory writ of mandamus compelling a county judge to vacate orders he had entered without jurisdiction. The orders had attempted to set aside a judgment that had become final and absolute, and the court held that mandamus was the appropria