E. P. RENTZ, APPELLANT,
v.
GRANGER & LEWIS, APPELLEES
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The Florida Supreme Court reversed an order sustaining a demurrer to a bill in equity, finding that equity jurisdiction was appropriate because a legal remedy was not full, complete, and adequate for the alleged overreaching and misrepresentations in partnership affairs.
Yes, equity has jurisdiction in such cases because a court of law cannot provide full, complete, and adequate relief for the alleged wrongs.
“Equity will not take jurisdiction where there is a full, adequate and complete remedy at law.”
Establishes the general rule regarding equity jurisdiction.
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Join FLexlaw to unlock all legal intelligenceA bill in equity was filed alleging overreaching, misrepresentations, and resulting injury to the complainant in the settlement of partnership affairs…
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Whitfield, C. J.
This appeal is from an order sustaining a demurrer to a bill in equity on the ground that an adequate remedy is afforded in an action at law.
Equity will not take jurisdiction where there is a full, adequate and complete remedy at law. But where the remedy at law is not full, complete and adequate, or where complete relief at law is doubtful and a more ample and appropriate remedy may be thereby afforded, equity will take cognizance and give relief if it can be done in accordance with recognized principles of chancery jurisdiction and procedure. See Carter v. Bennett, 6 Fla. 214; Gordon v. Simonton, 10 Fla. 179.
The bill contains allegations of overreaching, misrepresentations and resulting injury to complainant in the settlement of partnership affairs, and seeks a rescinding of a written instrument, and an accounting as to partnership affairs. Without going into a critical analysis of the allegations of the bill upon this general demurrer, it is clear that a subject of equity cognizance appears, as to which a court of law cannot give full, complete and adequate relief.
The order appealed from is reversed.
Shackleford, Cockrell and Hocker, J. J., concur. Taylor, J., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McNabb v. Tampa & St. Petersburg Land Co., 78 Fla. 149 (Fla. 1919)…ts use, although the gravamen is fraud and deceipt * * *." All facts well pleaded in the bill of complaint are admitted by the demurrer to be true; and so taking them to be true the court should follow the rule laid down in Rentz v. Granger & Lewis, 64 Fla. 445, 60 South. Rep. 231; “Equity, will not take jurisdiction, where there is a full, .adequate and complete rem [*156] edy at law; but where the remedy at law is uot full, complete and adequate, or where complete relief is doubtful, and a more ample and…
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Price v. Gordon, 129 Fla. 715 (Fla. 1937)…hereby afforded, equity will take cognizance and give relief, if it can be done, in accordance with recognized principles of chancery jurisdiction. McKnabb v. Tampa & St. Petersburg Land Co., 78 Fla. 149, 83 South. Rep. 90; Rentz v. Granger & Lewis, 64 Fla. 445, 60 South. Rep. 221; Gordon v. Clarke, Admr., 10 Fla. 179; Carter v. Bennett, 6 Fla. 214.” In Zetrouer v. Zetrouer, 89 Fla. 253, 103 Sou. 625, this Court, speaking through Mr. Justice Terrell, said: “It is well settled that mandatory injunctions a…
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City of Jacksonville v. Giller, 102 Fla. 92 (Fla. 1931)…thereby afforded, equity will take cognizance and give relief, if it can be done in accordance with recognized principles of chancery jurisdiction. McNabb v. Tampa & St. Petersburg Land Co., 78 Fla. 149, 83 South. Rep. 90; Rentz v. Granger & Lewis, 64 Fla. 445, 60 South. Rep. 221; Gordon v. Clarke, Admr., 10 Fla. 179; Carter v. Bennett, 6 Fla. 214. ‘ ‘ The allegations of the bill, which are admitted by the demurrer, state a case within the cognizance of a court of equity upon the ground that the law does…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Farish Carter v. Archibald T. Bennett, 6 Fla. 214 (Fla. 1855)
- Gordon v. Clarke, 10 Fla. 179 (Fla. 1860)