EARLE B. ALLISON, APPELLANT,
v.
HANDY ANDY COMMUNITY STORES, INC., A FLORIDA CORPORATION, APPELLEE
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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 remedies existed at law.
No, an injunction in equity is not a proper remedy in this situation because the complainant had adequate remedies at law.
“This appeal is from an order overruling a demurrer to a bill of complaint and -refusing to dissolve a temporary injunction restraining the enforcement of a judgment of a law court, it being alleged that a false return was made on a pluries summons ad res, and that the complainant, the defendant in the law court, had not been served with process and had no knowledge of the action until after judgment had been rendered.”
Describes the procedural posture and factual allegations leading to the appeal.
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Join FLexlaw to unlock all legal intelligenceThe complainant, defendant in a law action, sought an injunction to restrain enforcement of a judgment. The complainant alleged a false return on a su…
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This appeal is from an order overruling a demurrer to a bill of complaint and -refusing to dissolve a temporary injunction restraining the enforcement of a judgment of a law court, it being alleged that a false return was made on a pluries summons ad res, and that the complainant, the defendant in the law court, had not been served with process and had no knowledge of the action until after judgment had been rendered.
No fraud of the defendant, the plaintiff, in the law action, or other ground of equitable cognizance is alleged, and as the complainant had adequate remedy at law by appellate procedure or under sections 4515 (2828), 4516 (2829) C. G. L. or by action on the officers bond, and injunction in equity is not a proper remedy. See Robinson et al. vs. Yon et al., 8 Fla. 350; Dibble v. Truluck, 12 Fla. 185; Barnett v. Hickson, 52 Fla. 457, 41 So. 606; *275Lewter v. Hadley, 68 Fla. 131, 66 So. 567; Sutton et al. v. Bank of Mulberry, 83 Fla. 4, 90 So. 539. See also Clinton v. Colclough., 54 Fla. 520, 44 So. 878; Southern Home Ins. Co. v. Faulkner, 57 Fla. 194, 49 So. 542. In Edenfield v. Sayre et al., 81 Fla. 367, 88 So. 607, the inequitable conduct of the plaintiff in the law action afforded a ground for equitable relief.
Reversed.
Whitfield, P.J., and Tebbell and Davis, J.J., concur.
Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smetal Corp. v. W. Lake Inv. Co., 126 Fla. 595 (Fla. 1936)…rgument, ruled adversely to the then defendant, the plaintiff in the suit now before us, and no appeal was taken from that order, thus rendering the matters raised by the motion res judicata. See Allison v. Handy-Andy Community Stores, 106 Fla. 274, 143 So. 263. Such remedy by motion is available in cases of this kind. Sawyer v. Gestason, 96 Fla. 6, 118 So. 57; Gibbs v. Ewing, 94 Fla. 236, 113 So. 747. In so far as the amended bill may be considered as a bill brought for the purpose of impeaching the fore…
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Earle B. Allison v. Handy Andy Cmty. Stores, 116 Fla. 574 (Fla. 1934)…the bill of complaint and in refusing to dissolve the temporaray injunction, for the reasons stated in the opinion, and the order of the lower court was merely reversed, without directions. Allison v. Handy-Andy Community Stores, Inc., 106 Fla. 274, 143 So. 263. When the mandate of this Court went down, the chancellor made an appropriate order sustaining the demurrer and dissolving the injunction. The chancellor also denied a motion of the complainant to be allowed to file an amended bill of complaint on t…
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Cox v. Stuckey, 114 Fla. 488 (Fla. 1934)…ud or collusion participated in by the complainant in the original suit is averred. The decree should be affirmed on (authority of the opinion and judgment in Lewter v. Hadley, 68 Fla. 131, 66 Sou. 567; Allison v. Handy-Andy Community Stores, Inc., 106 Fla. 274, 143 Sou. 263. It is so ordered. Affirmed. [*489] Davis, C. J., and Whitfield, Ellis and Buford, J. J., concur.…
Authorities Cited
- Bion H. Barnett v. Hickson, 52 Fla. 457 (Fla. 1906)
- S. Home Ins. Co. v. Thomas J. Faulkner and wife, 57 Fla. 194 (Fla. 1909)
- Robinson v. Terrell H. Yon and others, 8 Fla. 350 (Fla. 1859)
- Clinton v. Colclough, 54 Fla. 520 (Fla. 1907)
- Dibble v. Truluck, 12 Fla. 185 (Fla. 1868)
- Linnie W. Lewter v. Hadley, 68 Fla. 131 (Fla. 1914)
- Lutie Edenfield v. Sayre, 81 Fla. 367 (Fla. 1921)
- Sutton v. Bank of Mulberry, 83 Fla. 4 (Fla. 1922)