At Orner Law, LLC we assist clients throughout all of South Florida in a variety of business litigation,contract litigation, and real estate litigation matters, including unfair competition and antitrust violations,shareholder derivative actions, breaches of fiduciary duty, misrepresentation, trade libel, civil conspiracy, and much more. We also assist clients in matters involving receiverships, injunctions, and other forms of extraordinary equitable relief. Where the law may have grey areas or issues that may present unique problems for our clients, an experienced lawyer at our firm can explore options involving equitable remedies.
Equitable Remedies in Florida
The most common form of equitable remedy in Florida is an injunction. An injunction is a court order that requires an individual named in the order to do or not to do a specific action or actions. This is an extraordinary remedy that courts utilize in certain cases in order to avoid or prevent a possible injustice from occurring. Failure to comply with an injunction may result in the offender being held in contempt of court.
Receivership is another form of extraordinary equitable remedy and is a process in which an institution or enterprise is placed in the custody of a “receiver.” This appointment may occur as the result of a court order, contract or government act in accordance with a statute. A receiver will take official custody of the property, business, or assets of an individual or entity that is insolvent or whose property is involved in a dispute. When property is in receivership, the receiver may have the authorization to make a sale of the property. However, the receiver will most likely be required to agree to a bond that guarantees the receiver’s faithful performance of the duties and responsibilities of receivership.
Additional forms of equitable relief that we may be able to pursue on your behalf include: specific performance, account of profits, rescission (rescind or set aside a contract), declaratory relief, rectification, or estoppel.
Learn more about your options in extraordinary equitable remedies. Contact a Boca Raton business litigation attorney at our firm today!