28 U.S.C. § 1292(A)

53 Florida cases classified under this topic, plus 511 listed through its narrower topics · sorted by citation count · browse and sort

• First Heritage Corp. v. Prescott
  710 F.2d 1205· 6th Cir.· 1983-07-12 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The court held that it lacked jurisdiction to review the district court's order denying a stay pending arbitration because the order was not final and was based on an undeveloped record.
• Carson v. Am. Brands, Inc.
  654 F.2d 300· 4th Cir.· 1981-07-17 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The court held that the district court should be directed to enter the consent decree with a modification regarding notice and further proceedings for Class 2 members.
• Diaz v. Bd. of Cnty. Com'rs of Dade Cnty.
  502 F. Supp. 190· S.D. Fla.· 1980-10-17 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The court held that a preliminary injunction to prevent a referendum vote on a proposed ordinance is not warranted because the ordinance is not facially unconstitutional and the issue of its constitutionality is not ripe for adjudication.
• Yeargin Constr. Co., Inc. v. Parsons & Whittemore Ala. Mach. & Servs. Corp. & Parsons & Whittemore, Inc.
  609 F.2d 829· 5th Cir.· 1980-01-14 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The court held that the portion of the order requiring the turnover of records was a proper exercise of equitable power to preserve the status quo and was therefore affirmed.
• LEE v. Marengo Cnty. Bd. OF Educ.
  588 F.2d 1134· 5th Cir.· 1979-02-05 ·cited 2×
  The court held that the freedom-of-choice student assignment plan was ineffective for desegregation and reversed the district court's order approving it.
• NEW York Ass'n OF Homes FOR Aging v. Toia
  559 F.2d 876· 2d Cir.· 1977-07-27 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The appeals are dismissed for lack of appellate jurisdiction because the district court's orders denying class-based preliminary injunctive relief are not appealable interlocutory orders under 28 U.S.C. § 1292(a)(1).
• Groves v. McLUCAS
  552 F.2d 1079· 5th Cir.· 1977-04-13 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  The court held that the trial judge did not abuse discretion in denying back pay and attorney's fees in a preliminary injunction order for reinstatement.
• City OF Parma v. Levi
  536 F.2d 133· 6th Cir.· 1976-06-11 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  A party cannot maintain a separate action for an injunction based on claims that were raised as a compulsory counterclaim and dismissed in a pending action.
• Tapeswitch Corp. OF Am. v. Recora Co., Inc.
  527 F.2d 1013· 7th Cir.· 1976-01-09 ·cited 2×·via 28 U.S.C. § 1292(A)(1)
  An interlocutory order dismissing a patent infringement complaint, which also sought an injunction, is appealable under 28 U.S.C. § 1292(a)(1) as an order refusing an injunction, even if other claims remain unresolved.
• Chapple v. Levinsky
  961 F.2d 372· 2d Cir.· 1992-04-09 ·cited 1×
  The court held that it lacked appellate jurisdiction to hear the appeal because the district court's orders were not final or certified for immediate appeal.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  773 F. Supp. 321· M.D. Fla.· 1991-07-02 ·cited 1×·via 28 U.S.C. § 1292(A)(1)
  The court held that the plaintiff was not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988 because the lawsuit did not vindicate its rights, did not result in the cessation of the challenged behavior, and did not materially alter the legal relationship of the
• Life Ins. Co. of the Sw. v. Clarke
  M.D. Fla.· 2025-12-16
  Default judgment was entered against defendants Hope of Glory Church of Christ and Stephanie Marie Clarke as personal representative, and the clerk was directed to disburse interpleaded funds. The plaintiff insurer was discharged from liability, and defendants were enjoined from
• Fed. Trade Comm'n v. Start Connecting LLC
  M.D. Fla.· 2025-10-20
  The court entered a default judgment against Start Connecting SAS and Juan S. Rojas for $7,304,737.29, jointly and severally with previously settled defendants.
• Admiral Ins. Co. v. R. Skye Inc.
  M.D. Fla.· 2025-10-14
  The court entered a default judgment for the plaintiff, determining the applicable insurance policy provisions and coverage limits for a specific claim.
• Nat'l Specialty Ins. Co. v. Eleguas Trucking Inc.
  M.D. Fla.· 2025-09-30
  The court entered a default judgment in favor of the Plaintiff against Defendant Eleguas Trucking Inc. Any motions for attorney's fees or costs must follow local rules.
• Hovey v. Tracpatch Health, Inc.
  M.D. Fla.· 2025-09-24
  The court entered a default judgment against the defendant for $1,239,757.57, comprising past medical expenses, future medical expenses, and non-economic damages.
• McIntosh v. Global Tr. Mgmt., LLC
  M.D. Fla.· 2025-08-26
  The court entered a default judgment against Direct Recovery Services, LLC, awarding the plaintiff specified damages, costs, and attorney fees.
• Alligood v. Sunshine Bus. Mgmt. Inc.
  M.D. Fla.· 2025-07-17
  The court entered a default judgment against one defendant for damages and interest, and specified it is joint and several with other judgments.
• McCants v. New Dairy Fla.
  M.D. Fla.· 2025-06-30
  The court dismissed the case without prejudice, indicating that any motions for attorney's fees or costs must be filed within the time and manner prescribed by local rules.
• McKesson Corp. v. Benzer OH 7 LLC
  M.D. Fla.· 2025-02-05
  McKesson Corporation obtained a default judgment against Benzer Pharmacy Holding LLC and related defendants for $90,031.01 plus post-judgment interest. The order clarifies that despite multiple default judgment motions, there is one underlying debt, and recovery from any defendan
• Aparicio v. Mar Tile Design Corp.
  M.D. Fla.· 2024-12-19
  The court granted in part and denied in part Plaintiff's motion for default judgment, entering judgment for $11,480.00 and closing the case.
• Zafirov v. Fla. Med. Assocs., LLC
  M.D. Fla.· 2024-09-30
  The court entered a judgment dismissing the case with prejudice as to Dr. Clarissa Zafirov. Any motions for attorney's fees or costs must be filed according to local rules.
• Positano Place at Naples II Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  11th Cir.· 2023-05-31 ·via 28 U.S.C. § 1292(A)(1)
  The Eleventh Circuit dismissed an appeal by Empire Indemnity Insurance Company of a district court order compelling the insured condominium associations to submit their hurricane damage loss dispute to appraisal under the insurance policy's appraisal provision, holding that the o
• Positano Place at Naples I Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  71 F.4th 827· 11th Cir.· 2023-05-31 ·via 28 U.S.C. § 1292(A)(1)
  The Eleventh Circuit dismissed for lack of appellate jurisdiction an insurance company's appeal from a district court order compelling appraisal of Hurricane Irma property damage and staying litigation pending the appraisal process. The court held that the order compelling apprai
• Positano Place at Naples III Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  11th Cir.· 2023-05-31 ·via 28 U.S.C. § 1292(A)(1)
  The Eleventh Circuit held that it lacked appellate jurisdiction over a district court order compelling insurance companies to submit to appraisal of hurricane damage claims, finding the order was a non-final interlocutory order not immediately appealable under 28 U.S.C. § 1292(a)
• Positano Place at Naples IV Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  11th Cir.· 2023-05-31 ·via 28 U.S.C. § 1292(A)(1)
  The Eleventh Circuit held that it lacked appellate jurisdiction to review a district court order compelling insurance policyholder Positano to submit to appraisal of storm damage claims and staying proceedings pending appraisal, finding that the order was an interlocutory order t
• Kolkowski v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-28
  The court affirmed the Commissioner's final decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
• Meide v. Pulse Evolution Corp.
  M.D. Fla.· 2022-09-15
  Judgment was entered in favor of defendants for attorneys' fees, and any motions for fees/costs must be filed within 14 days of judgment.
• Newsome v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-15
  The court entered judgment affirming the Commissioner's decision, indicating the administrative decision was upheld.
• Doak v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-13
  Judgment is entered affirming the Commissioner's decision, and in favor of the Commissioner of Social Security against Christopher Kenneth Doak.
• Teblum v. The City of Cape Coral Charter Sch. Auth.
  M.D. Fla.· 2022-08-23
  The court granted the defendant's motion for summary judgment, closing the case.
• Sec. & Exch. Comm'n v. L.M.E. 2017 Fam. Tr.
  11th Cir.· 2022-08-15 ·via 28 U.S.C. § 1292(A)(1)
  The Eleventh Circuit held that it lacked jurisdiction to review an order expanding a previously created receivership estate because it was neither an order appointing a receiver nor an order granting or modifying an injunction under 28 U.S.C. § 1292(a).
• Caiazza v. Carmine Marceno
  M.D. Fla.· 2020-12-29
  The court entered judgment for the plaintiff on jury verdicts for overtime and liquidated damages. The document itself is a judgment, not an appealable order.
• United States v. Austin
  M.D. Fla.· 2019-11-13
  The court entered a default judgment against the defendant for specific amounts owed on two claims, plus prejudgment and post-judgment interest and costs.
• Southern-Owners Ins. Co. v. Custom Climate Concepts, Inc.
  M.D. Fla.· 2019-09-11
  Final judgment was entered in favor of Southern Insurance Company against Custom Climate Concepts and John Monhollon, declaring no coverage under the CGL Policy for the accident and no duty to defend or indemnify.
• Roberts v. Colo. State Bd. OF Agric.
  998 F.2d 824· 10th Cir.· 1993-07-07 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the Colorado State Board of Agriculture violated Title IX by discontinuing the women's softball team and that the district court did not err in ordering reinstatement and specific remedial actions.
• Otto Crumpton v. Bridgeport Educ. Ass'n
  993 F.2d 1023· 2d Cir.· 1993-05-17 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the district court's order clarifying the hiring order to grant an absolute preference to minority teachers for layoffs constituted an impermissible modification of the consent decree and violated the Equal Protection Clause.
• Graff v. City OF Chicago
  986 F.2d 1055· 7th Cir.· 1993-02-16 ·via 28 U.S.C. § 1292(A)(1)
  A newsstand is a structure, not speech, and thus not protected by the First Amendment. Therefore, a facial challenge to the ordinance is not permitted.
• Askanase v. Livingwell, Inc.
  981 F.2d 807· 5th Cir.· 1993-01-22
  The court held that it lacked appellate jurisdiction because the lower court's order was not a final judgment and was not properly certified for appeal.
• Ukiah Adventist Hosp. v. Fed. Trade Comm'n
  981 F.2d 543· D.C. Cir.· 1992-12-29 ·via 28 U.S.C. § 1292(A)(1)
  Transfer orders under 28 U.S.C. § 1631 are not appealable, and a writ of mandamus is not warranted as the district court did not abuse its authority in transferring the case.
• Fed. Deposit Ins. Corp. v. Geldermann, Inc.
  975 F.2d 695· 10th Cir.· 1992-09-14 ·via 28 U.S.C. § 1292(A)(1)
  The court held that it has jurisdiction to review an injunction barring contribution/indemnity claims, even if improperly certified under Rule 54(b), and that the FDIC was not the real party in interest to request such a bar order.
• Jackson v. Fort Stanton Hosp. & Training Sch.
  964 F.2d 980· 10th Cir.· 1992-05-18 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the district court erred in enjoining Interdisciplinary Treatment Teams (IDTs) from considering the availability of community services when making placement recommendations, as such consideration is part of reasonable professional judgment under the Due Proces
• Cooper v. Texaco, Inc.
  961 F.2d 71· 5th Cir.· 1992-05-01 ·via 28 U.S.C. § 1292(A)(1)
  A suspended attorney cannot collect fees for legal work performed in violation of the suspension order, and a clear suspension order can form the basis for a criminal contempt conviction.
• Trustees of the Chicago Truck Drivers v. Rentar Indus.
  951 F.2d 152· 7th Cir.· 1991-12-20 ·via 28 U.S.C. § 1292(A)(1)
  The court held that an employer seeking to avoid interim ERISA withdrawal payments must make an affirmative showing that the pension fund lacks a colorable claim and must demonstrate irreparable harm.
• Woosley v. Avco Corp.
  944 F.2d 313· 6th Cir.· 1991-09-20 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the appeal was properly before it, that certain plaintiffs had standing and their claims were not time-barred, but that the futility of arbitration needed to be determined for other plaintiffs.
• United States v. Bayshore Assocs., Inc.
  934 F.2d 1389· 6th Cir.· 1991-05-30 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the "permanent injunction" was a preliminary injunction, that the TRO extended by stipulation became a preliminary injunction, and that the April 12 contempt order's fine was criminal, while the incarceration was civil.
• The Fed. Land Bank OF Spokane v. L.R. Ranch Co.
  926 F.2d 859· 9th Cir.· 1991-02-15 ·via 28 U.S.C. § 1292(A)(1)
  The court held that it lacked jurisdiction to review the district court's order denying a stay of foreclosure proceedings because the order was not a final decision, nor did it meet the criteria for appeal under the collateral order doctrine or as an interlocutory injunction.
• Summers v. United States Dep't of Just.
  925 F.2d 450· D.C. Cir.· 1991-02-08 ·via 28 U.S.C. § 1292(A)(1)
  The court held that the district court's order granting a stay of proceedings and denying immediate discovery in a Freedom of Information Act suit is not a final judgment or an appealable interlocutory order, thus the appellate court lacks jurisdiction.
• The Continuum Co., Inc. v. Incepts, Inc.
  883 F.2d 333· 5th Cir.· 1989-07-26 ·via 28 U.S.C. § 1292(A)(1)
  The court held that an undertaking, waiving damage limitations, is a valid substitute for an increased bond when it adequately protects the non-moving party and posting the bond would cause undue hardship.
• Fed. Trade Comm'n v. Overseas Unlimited Agency, Inc.
  873 F.2d 1233· 9th Cir.· 1989-04-21 ·via 28 U.S.C. § 1292(A)(1)
  The court held that an order directing a bank to turn over funds to a receiver is not an appealable interlocutory order under 28 U.S.C. §§ 1291, 1292(a)(1), or 1292(a)(2).