Inadequate Remedy At Law

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

• Hiles v. Auto Bahn Fed'n, Inc.
  498 So. 2d 997· Fla. 4th DCA· 1986-12-10 ·cited 79×
  Peter Hiles and Auto Bahn Sales and Leasing, Inc. appealed from an interlocutory order granting a temporary mandatory injunction that prevented disposal of corporate assets. The Fourth District Court of Appeal reversed, holding that the appellees failed to demonstrate the prerequ
• Contemporary Interiors, Inc. v. Four Marks, Inc.
  384 So. 2d 734· Fla. 4th DCA· 1980-06-11 ·cited 62×
  Contemporary Interiors appealed a trial court's grant of a temporary injunction that prohibited it from selling flooring in a shopping center. The Fourth District Court of Appeal reversed, finding that the plaintiff failed to prove the necessary elements for obtaining this extrao
• Millennium Commc'ns & Fulfillment v. Off. of the Attorney Gen.
  761 So. 2d 1256· Fla. 3d DCA· 2000-07-19 ·cited 49×
  Millennium Communications and Advanced Marketing challenged a temporary injunction under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) for marketing Continental's Advantage credit card program to out-of-state consumers. The appellate court reversed the injunction, h
• State v. Artis
  345 So. 2d 1109· Fla. 4th DCA· 1977-05-20 ·cited 46×
  The Florida Department of Health and Rehabilitative Services appealed a circuit court's grant of a temporary injunction ordering reinstatement of security guards at a state hospital who engaged in a "sick out." The appellate court reversed, holding that the guards had an adequate
• Dania JAI Alai Int'l, Inc. v. Murua
  375 So. 2d 57· Fla. 4th DCA· 1979-09-26 ·cited 43×
  A professional jai alai player sought reinstatement after being fired, obtaining a temporary mandatory injunction requiring his immediate reinstatement with back pay. The appellate court reversed, holding that breach of an employment contract does not ordinarily justify mandatory
• Weinstein v. Yoram Aisenberg
  758 So. 2d 705· Fla. 4th DCA· 2000-03-09 ·cited 39×
  A temporary injunction to freeze bank assets in a conversion action is improper where the plaintiff has an adequate remedy at law in the form of money damages, notwithstanding allegations that the defendant may dissipate assets and render a money judgment uncollectible.
• Finkelstein v. Se. Bank, N.A.
  490 So. 2d 976· Fla. 4th DCA· 1986-05-07 ·cited 33×
  This case addresses whether a trial court may issue a preliminary injunction freezing assets in a private family trust prior to judgment in a Florida RICO and Anti-Fencing Act civil suit. The Fourth District Court of Appeal reversed the injunction, holding that while such relief
• Bermont Lakes, LLC v. Rooney
  980 So. 2d 580· Fla. 2d DCA· 2008-04-30 ·cited 20×
  Bermont Lakes sought specific performance of a real estate contract to purchase 160 acres from a testamentary trust after the trust discovered it lacked clear title to 40 acres. The trial court granted summary judgment for the trust on the specific performance count. The appellat
• Harrison v. Palm Harbor MRI, Inc.
  703 So. 2d 1117· Fla. 2d DCA· 1997-11-12 ·cited 19×
  An employee challenged a temporary injunction enforcing a noncompete agreement, arguing the covenant should be void due to the employer's sexual harassment. The appellate court found the procedural requirements for the injunction were satisfied, but reversed because the trial cou
• Sparks v. The Charles Wayne Grp.
  568 So. 2d 512· Fla. 5th DCA· 1990-10-19 ·cited 18×
  The Sparks sought certiorari review of a trial court order discharging their lis pendens filed against property they contracted to purchase from the Charles Wayne Group. The court reversed, holding that non-defaulting purchasers under executory real estate contracts have an equit
• Islandia Condo. Ass'n, Inc. v. Vermut
  438 So. 2d 89· Fla. 4th DCA· 1983-09-07 ·cited 18×
  Florida appellate court reversed a preliminary injunction preventing a condominium association from repainting a unit's exterior, holding that the trial court failed to demonstrate irreparable harm or inadequate remedy at law required for such extraordinary relief.
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd.
  563 So. 2d 103· Fla. 3d DCA· 1990-05-02 ·cited 17×
  A commercial tenant seeking to enjoin the breach of a restrictive covenant that protects parking or access to its leased premises need not prove irreparable harm; proof of the covenant violation is sufficient to obtain a temporary injunction.
• W. A. Mack, Inc. v. Gen. Motors Corp.
  260 F.2d 886· 7th Cir.· 1958-11-13 ·cited 16×
  The court held that a preliminary injunction should not have been issued because it granted the plaintiff the actual advantage obtainable in a final decree, and the case should be given precedence for an early trial on the merits.
• Banco Indus. de Venezuela v. Suarez
  541 So. 2d 1324· Fla. 3d DCA· 1989-04-18 ·cited 14×
  This case involves an appeal by Banco Industrial de Venezuela (BIV) against an order dissolving a temporary injunction. The appellate court reversed the trial court's decision, holding that the Florida RICO Act provides for preliminary injunctions with less stringent requirements
• City OF Miami v. Coll
  546 So. 2d 775· Fla. 3d DCA· 1989-07-18 ·cited 11×
  Sandra Coll, a City of Miami employee, was discharged after reporting alleged malfeasance by city officials. The trial court issued a temporary injunction reinstating her pending resolution of her whistleblower claim. The appellate court reversed because the trial court failed to
• Keystone Creations, Inc. v. City OF Delray Beach
  890 So. 2d 1119· Fla. 4th DCA· 2004-11-24 ·cited 10×
  Keystone Creations appealed the trial court's enforcement of a settlement agreement and issuance of an injunction prohibiting further operation of its stone-cutting business in Delray Beach. After fifteen years of disputes over zoning compliance and site plan modifications, the c
• Stading v. Equilease Corp.
  471 So. 2d 1379· Fla. 4th DCA· 1985-07-10 ·cited 10×
  The court held that a temporary injunction was improperly granted because the appellee failed to allege or prove an inadequate remedy at law.
• Garrick Hatfield v. Autonation, Inc.
  939 So. 2d 155· Fla. 4th DCA· 2006-09-27 ·cited 8×
  Hatfield, a former general manager at an AutoNation dealership, appeals a temporary injunction prohibiting him from disclosing misappropriated trade secrets and restricting his employment in the automotive industry. The appellate court affirms, holding that AutoNation demonstrate
• In re Est. OF Richard Roy Yerex v. Durzo
  651 So. 2d 220· Fla. 4th DCA· 1995-03-01 ·cited 8×
  In three consolidated appeals from probate proceedings, the Fourth District Court of Appeal reversed a trial court's award of attorney's fees as excessive, affirmed an order extending time for filing an independent action but reversed a confidentiality order limiting the personal
• Gruder v. Gruder
  433 So. 2d 23· Fla. 4th DCA· 1983-06-15 ·cited 8×
• Darwin Waters v. The Sch. Bd. OF Broward Cnty.
  401 So. 2d 837· Fla. 4th DCA· 1981-06-24 ·cited 8×
  A former school teacher appealed the dismissal of his complaint seeking reinstatement after the school board refused to renew his annual contract. The court affirmed dismissal, holding that even if the board breached a settlement agreement by failing to form an assistance committ
• Gray v. Gray
  958 So. 2d 955· Fla. 1st DCA· 2007-04-26 ·cited 7×
  Jimmy and Frances Gray appealed a temporary injunction entered without notice to freeze their assets, alleging procedural defects. The court dismissed the appeal as moot because the Grays filed a motion to dissolve, participated in an evidentiary hearing, and the injunction was m
• Harlan Street and Leo Greenfield v. Sugerman
  307 So. 2d 883· Fla. 3d DCA· 1974-12-31 ·cited 7×
  Street and Greenfield appealed an order denying their motion to dismiss a complaint alleging breach of contract and fraud. The court affirmed the denial, holding that the amended complaint adequately stated causes of action for breach of a dependent covenant and rescission based
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Hudson Nat'l Bank v. Shapiro
  695 F. Supp. 544· S.D. Fla.· 1988-09-14 ·cited 6×
  The court granted a preliminary injunction against certain bank accounts believed to hold proceeds of a fraudulent credit card scheme, but denied it for another account where the plaintiff failed to establish a clear legal right.
• Stiller v. Mariner CAY Prop. Owners Ass'n, Inc.
  513 So. 2d 798· Fla. 4th DCA· 1987-10-14 ·cited 6×
• Henniger v. Pinellas Cnty.
  7 F. Supp. 2d 1334· M.D. Fla.· 1998-06-25 ·cited 5×
  The court held that a property interest in a building permit, created by state law via equitable estoppel, is protected by procedural due process, not substantive due process. Claims were dismissed for failure to state a claim, lack of ripeness, or failure to exhaust administrati
• Taylor v. Searcy Denney Scarola Barnhart & Shipley, P.A.
  651 So. 2d 97· Fla. 4th DCA· 1994-11-30 ·cited 4×
  The contempt finding and $1,700,000 fine must be reversed because the trial court failed to follow the procedural requirements of Rule 3.840 for indirect criminal contempt proceedings, and even if proper procedures had been followed, the fine was statutorily excessive absent spec
• Southards v. Motel Mgmt. Co.
  567 So. 2d 523· Fla. 3d DCA· 1990-09-25 ·cited 4×
  Interval owners of a condominium unit who paid their share of property taxes sought a temporary injunction to prevent a tax deed sale after the managing entity failed to pay the majority's delinquent taxes and the tax collector refused to allocate collected funds to protect owner
• Halloran v. Pensacola Ass'n OF Life Underwriters, Inc.
  395 So. 2d 554· Fla. 1st DCA· 1981-01-14 ·cited 4×
  The court held that the appeal is moot because the temporary suspension of membership has expired.
• Bertram C. Ellison v. City OF Fort Lauderdale
  166 So. 2d 797· Fla. 2d DCA· 1964-07-24 ·cited 4×
  Plaintiff appealed the dismissal of his complaint seeking to enjoin the City of Fort Lauderdale from enforcing a penal ordinance against his operation of a nursery school with ponies on property he claimed was a valid nonconforming use. The court affirmed the dismissal, holding t
• SUN Crete OF Fla., Inc. v. Sundeck Prods., Inc.
  452 So. 2d 973· Fla. 4th DCA· 1984-06-13 ·cited 3×
  Sun Crete appealed a preliminary injunction granted to protect Sundeck's Sundek pool deck coating process and trade secrets. The court affirmed the injunction, holding that Sundek's three-step application process, despite using commercially available materials, constitutes a prot
• Joseph Spine, P. A. v. Moulton
  346 So. 3d 154· Fla. 2d DCA· 2022-06-29 ·cited 2×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• M & E Distribs., Inc. v. Worley
  840 So. 2d 457· Fla. 4th DCA· 2003-03-26 ·cited 2×
  M & E Distributors and Mark Martone appealed a temporary injunction prohibiting them from using the name 'Worley's Wonder' to market their own cleaning product. The Fourth District Court of Appeal affirmed the injunction, finding sufficient evidence of trademark infringement and
• City of Gainesville & W. R. Thomas v. Phifer
  64 Fla. 34· Fla.· 1912-06-01 ·cited 2×
  The Florida Supreme Court affirmed an order overruling a demurrer in an action to enjoin obstruction of public streets in Gainesville. The court held that a property owner whose lot was benefited by dedicated public streets has standing to seek equitable relief against unauthoriz
• de Holguin v. Camila Holguin Godin
  359 So. 3d 1254· Fla. 3d DCA· 2023-04-26 ·cited 1×
  The trial court erred in dismissing Mary Ann's objections and counter-petition by looking beyond the four corners of the pleadings to determine lack of standing; a surviving spouse qualifies as an interested person with standing to object to estate administration. The denial of i
• Fla. Dep't of Transp. & Kevin J. Thibault v. Tropical Trailer Leasing, LLC
  308 So. 3d 242· Fla. 1st DCA· 2020-11-30 ·cited 1×
  The Florida Department of Transportation appealed a permanent injunction and order to refund tolls granted to Tropical Trailer Leasing. The appellate court reversed, finding the injunction facially defective because Tropical Trailer failed to establish a clear legal right, an ina
• 800 Adept, Inc. v. Murex Sec., Ltd.
  505 F. Supp. 2d 1327· M.D. Fla.· 2007-04-12 ·cited 1×
  The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
• Adidas AG v. The Individuals
  S.D. Fla.· 2025-07-25
  The court recommended granting plaintiffs' motion for default judgment and permanent injunction against defendants for trademark counterfeiting and infringement.
• Fanatics, LLC v. The Individuals
  S.D. Fla.· 2025-05-22
  The court recommended granting Plaintiff's motion for default judgment, finding sufficient basis for liability and entitlement to injunctive relief and statutory damages.
• Chanel, Inc. v. The Individuals
  S.D. Fla.· 2025-03-18
  The court recommended granting plaintiff's motion for default judgment, finding sufficient basis for subject-matter and personal jurisdiction, and well-pleaded allegations supporting liability for trademark infringement, counterfeiting, and unfair competition.
• Blue Condo. Ass'n, Inc. v. Blue Grouper Ventures, LLC
  Fla. 3d DCA· 2024-10-30
  Blue Condominium Association appeals a judgment awarding Blue Grouper Ventures damages and a permanent injunction for breach of the Declaration and trespass. The appellate court affirmed the underlying judgment but reversed the award of prejudgment interest from 2014 and the perm
• Sumfinidade Unipessoal LDA v. Yachtlife Techs. Inc
  S.D. Fla.· 2024-09-24
  The court recommended granting in part and denying in part the plaintiff's motion for default judgment, finding sufficient basis for copyright infringement liability and injunctive relief, but requiring further inquiry into damages.
• Deltona Transformer Corp. v. The Noco Co.
  M.D. Fla.· 2023-09-29
  The court held that the plaintiff is entitled to disgorgement of the defendant's profits due to willful trademark infringement and granted the permanent injunction in part.
• Shenzhen Dejiayun Network Tech. Co. v. The P'ships & Unincorporated Ass'ns Identified on Schedule A
  S.D. Fla.· 2023-07-01
  The court recommends granting in part and denying in part the plaintiff's motion for default judgment, finding sufficient basis for liability and damages, and proper jurisdiction.
• Coconut Key Homeowners Assoc., Inc. v. Gonzalez
  Fla. 4th DCA· 2018-05-09
  A party who obtains an enforceable judgment on the merits, including affirmative equitable relief such as an injunction, is a prevailing party entitled to attorney's fees and costs under Florida law, even if no monetary damages are awarded. A mandatory injunction is properly issu
• L.B. Trucking & Constr., Inc. v. Halid Ibrahimovic
  751 So. 2d 619· Fla. 4th DCA· 1999-12-01
  Florida appellate court reversed a temporary injunction and receivership order freezing a trucking company's assets, holding that the plaintiff failed to demonstrate irreparable harm and inadequate remedy at law required for such extraordinary relief.
• Nelson v. Singletary
  700 So. 2d 768· Fla. 2d DCA· 1997-10-15
• Lipper v. Kann
  582 So. 2d 815· Fla. 4th DCA· 1991-07-24
  Arthur Lipper III appealed the denial of his motion to dissolve a temporary injunction, challenging the trial court's erroneous limitation of the burden of proof required to maintain the injunction. The appellate court held that the trial court incorrectly required only proof of
• Colangelo v. United States
  575 F.2d 994· 1st Cir.· 1978-05-17
  The dissenting judge believes the Anti-Injunction Act should not bar suits challenging allegedly illegal IRS activities where the tax liability itself is not at issue.