Equitable Remedies

1,030 Florida cases classified under this topic · sorted by citation count

• Corrie Martin v. The Est. of Jimmy Lee Ricks
  363 So. 2d 636· Fla. 3d DCA· 1978-10-31
  The court reversed the trial court's order requiring the appellant to pay all attorneys' fees in a partition case and deposit them in the court registry as a condition precedent to applying her special equity as a credit on her bid, holding that Florida partition statutes do not
• Bradley v. Detroit Bd. OF Educ.
  577 F.2d 1032· 6th Cir.· 1978-06-08
  Injunctive relief may not be granted solely based on speculative community fears about the impact of a lawful activity, even in the context of school desegregation.
• Edwin K. Williams & Co.-East v. Hunt
  346 So. 2d 1198· Fla. 1st DCA· 1976-09-10
  In this non-compete enforcement case, the Florida District Court of Appeal affirmed dismissal of an injunction seeking to enforce a three-year post-termination restrictive covenant, holding that appellant lost any equitable claim to injunctive relief by waiting nearly three years
• Electro Mech. Prods., Inc. v. Borona
  324 So. 2d 638· Fla. 3d DCA· 1976-01-13
  Florida appellate court reversed the appointment of a receiver because the trial court failed to demonstrate necessity for the drastic remedy when other protective measures were available.
• Janger v. Robinson
  41 Fla. Supp. 1· Palm Beach Cty. Cir. Ct.· 1974-05-17
  The court held that the respondent was not in contempt for failing to pay support from October 1972 to the present, as his belief that payments were contingent on the petitioner's financial information was reasonable given the circumstances.
• Harthman v. Arthur Witty (dba Arthur Witty Fort Mylner Shopping Center)
  480 F.2d 337· 3d Cir.· 1973-06-19
  The appellate court held that a broad permanent injunction prohibits all future pollution, regardless of source, and that the trial court erred in requiring a new suit for a different type of pollution. However, the court also held that the per diem penalty was not automatically
• Zlotnick v. Jack I. Bender & Sons, Inc.
  422 F.2d 716· D.C. Cir.· 1970-02-10
  The court affirmed the trial court's judgment regarding alley rights but remanded for certification of fire door compliance and clarified public use of alleys.
• State v. Books
  27 Fla. Supp. 34· Duval Cty. Cir. Ct.· 1966-08-02
  This 1966 Florida circuit court case involves an in rem proceeding by the State Attorney seeking to enjoin and destroy allegedly obscene books seized by the Sheriff without judicial process. The court ruled that the seizure was unconstitutional and that neither injunctive relief,
• Barnes v. Sind
  347 F.2d 324· 4th Cir.· 1965-06-04
  The court denied the petition for rehearing en banc, finding no new issues presented and reaffirming the prior decision.
• Ross v. Stanley
  346 F.2d 645· 5th Cir.· 1965-06-01
  The entire lawsuit is barred by the statute of limitations because the claim accrued when the contracts were executed, not when damages were fully ascertainable or FPC action was taken.
• Rodgers v. Kajax Realty Co.
  23 Fla. Supp. 54· Duval Cty. Cir. Ct.· 1963-12-18
  In this dispute over a water and sewer system serving a residential subdivision, the court found that Kajax Realty Company breached its maintenance obligations under a 1959 agreement with Rodgers but refused to enforce Rodgers' claimed right to forfeit the system, holding that fo
• Charbet Chem. Co. v. Hysan Prods. Co.
  19 Fla. Supp. 134· Dade Cty. Cir. Ct.· 1962-02-23
  The court held that an oral agreement lacking certainty on its duration is insufficient to support an injunction for breach of contract.
• LeBLANC v. Greyknolls Builders, Inc.
  18 Fla. Supp. 72· Dade Cty. Cir. Ct.· 1961-06-22
  Plaintiffs sued to set aside a property conveyance between two corporations, alleging it was made without consideration and to defraud creditors. The court dismissed the action, finding plaintiffs failed to prove fraud and that adequate consideration supported the transfer.
• Sec. Credit Co. v. Hill
  17 Fla. Supp. 102· Duval Cty. Cir. Ct.· 1961-04-14
  A foreclosure sale of homestead property was set aside due to multiple procedural defects and fraud in the mortgage execution. The court denied the purchaser a writ of assistance and vacated the foreclosure decree, finding the sale invalid under Florida statute and equity princip
• Craig v. Bane
  209 F.2d 779· 7th Cir.· 1954-01-19
  The court held that the trial court's finding that no enforceable contract existed was not clearly erroneous, and that the Statute of Frauds barred enforcement of the alleged oral agreement.
• Solomon v. S. Bell Tel. Co.
  1 Fla. Supp. 216· Dade Cty. Cir. Ct.· 1952-01-07
  Solomon sought a court order enjoining Southern Bell from discontinuing his telephone service, which had been ordered disconnected by the Florida Attorney General under a law enforcement directive. The court held that the Railroad & Public Utilities Commission has exclusive statu
• Woods v. Davis
  185 F.2d 567· 9th Cir.· 1950-11-28
  The court held that a defendant's inability to pay does not preclude an order for restitution of illegal rent overcharges, and such orders are not barred by the prohibition against imprisonment for debt.
• Gen. Disc. Corp. v. Sadowski
  183 F.2d 542· 6th Cir.· 1950-06-02
  A prior judgment at law on a contract does not preclude a subsequent suit in equity for reformation of that contract if the mistake in drafting is shown.
• In re Elec. Power & Light Corp.
  337 U.S. 903· U.S.· 1949-05-16
• Leonardo v. Leonardo
  145 F.2d 849· D.C. Cir.· 1944-11-06
  The court held that an injunction is not the proper remedy to restore possession of property when an adequate remedy at law exists and the circumstances do not warrant equitable intervention.
• Ætna Cas. & Sur. Co. v. Kishwaukee Special Drainage Dist.
  143 F.2d 471· 7th Cir.· 1944-05-20
  A surety paying a judgment against a defaulting treasurer is not subrogated to the rights of creditors whose claims were paid with funds that were themselves derived from a wrongful diversion of bond proceeds.
• Bastian v. United States
  118 F.2d 777· 6th Cir.· 1941-04-08
  The court held that the contract was valid and enforceable, and that specific performance was an appropriate remedy.
• Gertrude v. Durrance
  124 Fla. 468· Fla.· 1936-06-08
  A married woman contracted with a corporation to manage her citrus grove under an agreement that explicitly limited the company's lien to the fruit proceeds and waived any statutory lien on the real property itself. When the woman sued to terminate the agreement due to breach, th
• Harrell v. Martin
  119 Fla. 275· Fla.· 1935-05-07
  The Florida Supreme Court affirmed an order denying complainants' request to file an amended bill of complaint in an equity case involving disputed land ownership and improvements. The court found that the original bill lacked merit as a matter of law and that the proposed amendm
• Fla. E. Coast Ry. Co. v. Eno
  99 Fla. 874· Fla.· 1928-06-26
  Florida East Coast Railway Company filed a bill for interpleader seeking to resolve conflicting claims on funds owed to contractor Eno from multiple parties, including laborers, material suppliers, and a bank holding an assignment. The Florida Supreme Court held that the Railway
• Shammas v. Bates
  S.D. Fla.· 1925-12-12
  A buyer sought specific performance of a contract to purchase a long-term leasehold interest in Jacksonville property for $200,000, with $3,000 paid as earnest money. The court held that the contract was sufficiently definite and enforceable despite imprecise terminology, and den
• Finn v. Bowden
  66 Fla. 41· Fla.· 1913-06-25
  Finn sought specific performance to compel Bowden to execute a deed conveying real property in Jacksonville pursuant to a 1906 lease-purchase agreement. The Florida Supreme Court affirmed the trial court's judgment for Bowden, holding that Finn's failure to tender the purchase pr
• Varn v. W. A .Whidden
  63 Fla. 304· Fla.· 1912-01-01
  This case concerns whether a stockholder can sue at law to dispute the method of distributing corporate assets after dissolution, or if equity is the proper venue. The court held that equity is the appropriate forum for such disputes.
• Nobles v. L'Engle
  58 Fla. 494· Fla.· 1909-06-01
  John Nobles sought specific performance of a contract to convey a parcel of land in Jacksonville. The Florida Supreme Court reversed the circuit court's decree and ordered specific performance, requiring the defendant trustee to account for rents and profits and directing the exe
• Hayden v. Thrasher
  28 Fla. 162· Fla.· 1891-06-01
  Hayden sought to subject property purchased by the Thrasher brothers to satisfy his demand arising from fraudulently procured endorsements of promissory notes. The Florida Supreme Court held that while Hayden established fraud in procuring his endorsement, he could only recover a