Action For Injunction

216 Florida cases classified under this topic · sorted by citation count · browse and sort

• Porter v. Montgomery
  163 F.2d 211· 3d Cir.· 1947-07-11 ·cited 22×
  The court held that the Administrator's suit under Section 205(e) of the Emergency Price Control Act is a penal action, not a civil action for damages, and therefore abates upon the death of the defendant.
• Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.
  154 F.2d 450· 6th Cir.· 1946-04-03 ·cited 22×
  The court held that a permanent injunction should be granted to prevent the coal company from removing pillars and coal barriers, as the potential catastrophic injury to human life and public travel outweighs the economic harm to the coal company and the railroad has no adequate
• Donovan v. Crisostomo
  689 F.2d 869· 9th Cir.· 1982-10-07 ·cited 19×
  The court held that the statute of limitations for FLSA claims commenced when individual employees were named as claimants in the pre-trial order, not when the complaint was filed. It also held that the Secretary of Labor has authority to seek restitution for wage kickbacks that
• Benz v. Compania Naviera Hidalgo, S.A.
  205 F.2d 944· 9th Cir.· 1953-06-30 ·cited 19×
  In the absence of a posted bond or security, damages cannot be recovered for the wrongful issuance of a temporary injunction, even if granted without just cause.
• Jeb Bush v. Schiavo
  871 So. 2d 1012· Fla. 2d DCA· 2004-04-23 ·cited 18×
  The court held that the Governor, by participating in the hearing through counsel without objecting to jurisdiction, submitted to the trial court's jurisdiction and waived any objection. The court also held that Pinellas County was the proper venue under the sword-wielder doctrin
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Rich v. Hershey
  408 F.2d 944· 10th Cir.· 1969-04-01 ·cited 18×
  The court held that the plaintiff was not entitled to an absolute statutory right to a I-S classification because his prior II-S deferment as a graduate student fell under the exceptions to the I-S classification, and therefore, judicial review was barred by § 10(b)(3) of the Mil
• Boston Mut. Life Ins. Co. v. Ins. Agents' Int'l Union (AFL-CIO)
  258 F.2d 516· 1st Cir.· 1958-07-24 ·cited 18×
  The court held that the determination of whether a party has complied with procedural requirements for arbitration, such as acting within a reasonable time, is a preliminary question for the court, not the arbitrator.
• Holmes v. City OF Atlanta
  223 F.2d 93· 5th Cir.· 1955-06-17 ·cited 18×
  The appellate court affirmed the trial court's judgment, finding the plaintiffs' appeal specifications contradicted the relief they were granted.
• Young v. Handwork
  179 F.2d 70· 7th Cir.· 1949-12-12 ·cited 18×
  The court held that the bankrupt's vested equitable life estates in the trusts were transferable property under Section 70(a)(5) of the Bankruptcy Act and thus passed to the bankruptcy trustee, and that the defendants consented to the court's diversity jurisdiction.
• Woods v. Witzke
  174 F.2d 855· 6th Cir.· 1949-05-11 ·cited 18×
  The court held that restitution and statutory treble damages under the Emergency Price Control Act are not mutually exclusive and can both be awarded.
• Hollis Flint v. Duval Cnty.
  126 Fla. 18· Fla.· 1936-10-30 ·cited 17×
  A Duval County taxpayer challenged Chapter 17246 (1935), which authorized the construction of a Main Street Bridge across the St. Johns River and the issuance of revenue debentures secured by tolls from both the new Main Street Bridge and the existing Broad Street Bridge. The Flo
• Wilkinson v. Manpower, Inc.
  531 F.2d 712· 5th Cir.· 1976-05-13 ·cited 16×
  A restrictive covenant in a franchise agreement, even if not a statutory exception in Florida, is enforceable if it is reasonable under the governing law chosen by the parties (Wisconsin) and not contrary to Florida's fundamental public policy.
• Lecci v. Cahn
  493 F.2d 826· 2d Cir.· 1974-02-25 ·cited 16×
  The court held that the federal district court lacked jurisdiction to issue a declaratory judgment because the action was moot and the plaintiff lacked standing, and because the plaintiff had elected to forgo federal review by litigating in state court.
• United States Servicemen's Fund v. Eastland
  488 F.2d 1252· D.C. Cir.· 1973-08-30 ·cited 16×
  The court held that the Senate Subcommittee's subpoena for financial records of the USSF was a valid exercise of investigative power, not an unconstitutional infringement on First Amendment rights.
• Ritchie A. Harris v. Mfrs. Nat'l Bank OF Detroit
  457 F.2d 631· 6th Cir.· 1972-03-30 ·cited 16×
  A state court's joint judgment against a bankrupt husband and his wife, which can be satisfied from property held by the entirety, is barred by the husband's discharge in bankruptcy, notwithstanding state law to the contrary.
• Murray v. Kunzig
  462 F.2d 871· D.C. Cir.· 1972-02-29 ·cited 16×
  The dissenting judge maintains their original position, disagreeing with the majority's interpretation of precedent and its implications for judicial oversight of the civil service.
• Smith v. Davis
  22 Fla. 405· Fla.· 1886-06-01 ·cited 16×
  Isaac Smith sought an injunction to prevent the sheriff from selling his bay mare under executions, claiming Davis had misapplied his payments and was improperly enforcing multiple judgments against him. The Florida Supreme Court affirmed the trial court's denial of the injunctio
• Cambist Films, Inc. v. Duggan
  420 F.2d 687· 3d Cir.· 1969-12-30 ·cited 14×
  The court held that police officers cannot determine obscenity and seize materials without a warrant, as this violates the First and Fourteenth Amendments and due process. Seizures of alleged obscene materials require a prior adversary judicial hearing.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Duba v. Hilmer Schuetzle
  303 F.2d 570· 8th Cir.· 1962-05-23 ·cited 14×
  Federal courts lack jurisdiction to adjudicate disputes arising from the internal administration of executive branch agencies, such as the relocation of an agricultural program office.
• Romick v. Bekins VAN & Storage Co., Inc.
  197 F.2d 369· 5th Cir.· 1952-06-18 ·cited 14×
  The court held that the first case was improperly removed as it did not present a federal question, and the second case improperly sought to enjoin state court proceedings.
• United States v. Hosteen Tse-Kesi
  191 F.2d 518· 10th Cir.· 1951-08-30 ·cited 14×
  A court has jurisdiction to hear an injunction case and should not refuse to exercise it based on enforcement difficulties or inability to provide alternative housing for defendants.
• Porter v. Crawford & Doherty Foundry Co.
  154 F.2d 431· 9th Cir.· 1946-03-16 ·cited 14×
  The court held that a seller charging prices higher than the highest price paid to a purchaser of the same class in the base period violates price regulations, and that the Price Administrator may bring suit for damages and injunctions even if buyers did not sue or suffer direct
• Wagner v. Reese H. Taylor, Jr.
  836 F.2d 566· D.C. Cir.· 1987-12-24 ·cited 13×
  Federal district courts have jurisdiction to grant interim injunctive relief against retaliation for federal employees under Title VII, but the district court did not abuse its discretion in denying the injunction in this case.
• Reverend Gene Bridges v. Admiral D. C. Davis
  443 F.2d 970· 9th Cir.· 1971-06-18 ·cited 13×
  Military commanders have broad discretion to exclude individuals from bases, and their decisions will only be disturbed if patently arbitrary or discriminatory, not merely because they regulate First Amendment activities.
• Resolute Ins. Co. v. State OF N.C.
  397 F.2d 586· 4th Cir.· 1968-06-20 ·cited 13×
  The federal district court correctly dismissed the action because federal courts cannot review state court decisions, and the matter was also barred by res judicata.
• Brown v. Kerr-McGEE Chem. Corp.
  767 F.2d 1234· 7th Cir.· 1985-07-18 ·cited 12×
  The court held that while state law claims regarding pollution and nuisances are not preempted by the Atomic Energy Act, the doctrine of primary jurisdiction requires that the Nuclear Regulatory Commission (NRC) resolve issues pending before it before a court proceeds.
• S. Pac. Transp. Co. v. Pub. Utils. Comm'n OF the State OF Cal.
  716 F.2d 1285· 9th Cir.· 1983-09-27 ·cited 12×
  The court held that the district court's dismissal was proper because res judicata, based on the California Supreme Court's denial of review, barred Southern Pacific's preemption claim.
• Gen. Motors Corp. v. Marshall
  654 F.2d 294· 4th Cir.· 1981-07-17 ·cited 12×
  The court held that the agency should have been permitted to remand the cases for reconsideration of disclosure decisions in light of Chrysler Corp. v. Brown, as the prior administrative decisions were based on unclear law and the agency requested a review under new guidelines.
• Gen. Elec. Co. v. Callahan
  294 F.2d 60· 5th Cir.· 1961-08-24 ·cited 12×
  A federal court may enjoin a state board from acting in a labor dispute when federal law has preempted the field, as state action would conflict with federal policy encouraging voluntary collective bargaining.
• Shearman v. Mo. Pac. R.R. Co.
  250 F.2d 191· 8th Cir.· 1957-12-20 ·cited 12×
  The appellate court affirmed the district court's grant of a preliminary injunction, finding no abuse of discretion in preserving the status quo pending final determination.
• United States v. McCRILLIS
  200 F.2d 884· 1st Cir.· 1952-12-24 ·cited 12×
  A landlord defending an enforcement suit has standing to challenge the validity of a rent regulation or order, even if they failed to exhaust administrative remedies, and administrative orders determining maximum rent are invalid if issued retroactively or without proper notice a
• Thomas v. Ferdinand Mills
  107 Fla. 385· Fla.· 1932-12-12 ·cited 12×
  Marion County, Florida enacted a special law prohibiting livestock from roaming at large, but the Supreme Court held that this prohibition could not take effect until the county complied with statutory requirements to fence its boundaries. The court reversed the sheriff's enforce
• Jennett J. McCullom v. Morrison
  14 Fla. 414· Fla.· 1874-01-01 ·cited 12×
  This case involves a dispute over the proper location for a Confederate monument erected by a memorial association. The court found that the association had stated a sufficient cause of action for equitable relief, reversing the lower court's decision to sustain a demurrer.
• Parke v. Califano
  564 F.2d 1200· 6th Cir.· 1977-10-26 ·cited 11×
  The district court lacked jurisdiction to review the FDA's decision to initiate enforcement actions, as Parke Davis had an adequate remedy in the pending seizure actions.
• Ga. Power Co. v. Baker
  830 F.2d 163· 11th Cir.· 1987-10-19 ·cited 10×
  A hydroelectric dam licensee can prohibit seaplane operations on its reservoir if the prohibition is a reasonable exercise of its state law property rights and is consistent with its federal license obligations to allow reasonable public access.
• Friarton Ests. Corp. v. The City OF NEW York
  681 F.2d 150· 2d Cir.· 1982-06-07 ·cited 10×
  The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
• Peterson v. Sheran
  635 F.2d 1335· 8th Cir.· 1980-12-05 ·cited 10×
  The court held that federal courts have jurisdiction over constitutional claims arising from state judicial proceedings, but in this case, the appellant's claims were not ripe for review because he failed to present them fully to the state court, and the district court properly a
• Houston Oilers, Inc. v. Neely
  361 F.2d 36· 10th Cir.· 1966-05-18 ·cited 10×
  The court held that the undisputed facts disclose a valid and enforceable contract between Neely and Houston, reversing the trial court's denial of relief.
• Richfield Oil Corp. v. United States
  207 F.2d 864· 9th Cir.· 1953-10-21 ·cited 10×
  The court held that the district court properly dismissed the action because the claims were either maritime in nature, barred by the Suits in Admiralty Act, or lacked final agency action for review under the Administrative Procedure Act, and in all cases, adequate remedies exist
• Smith v. Woods
  178 F.2d 467· 5th Cir.· 1949-12-21 ·cited 10×
  The court held that the statute of limitations for damages does not apply to suits for equitable relief brought by the Housing Expediter, and laches is not imputable to the United States in such actions.
• Bowles v. Tex. Liquor Control Bd.
  148 F.2d 265· 5th Cir.· 1945-03-23 ·cited 10×
  The court held that the price control regulations apply to judicial sales of distilled spirits by governmental bodies, regardless of whether the function is governmental or proprietary.
• Bryan v. Long
  14 Fla. 366· Fla.· 1874-01-01 ·cited 10×
  Long purchased a buggy and harness from Bryan on credit, signing a note that waived exemption protections. After judgment and levy by the sheriff, Long sought an injunction in equity to prevent the sale and return of the property. The Florida Supreme Court reversed, holding that
• United States v. EL Camino Cmty. Coll. Dist. & Stuart E. Marsee
  600 F.2d 1258· 9th Cir.· 1979-06-21 ·cited 9×
  The court held that the college could not challenge the validity of HEW regulations for the first time on appeal and that the college failed to meet its burden to show that its non-federally funded activities were separate from federally funded programs.
• The Citizen Band Potawatomi Indian Tribe OF Okla. v. The Okla. TAX Comm'n
  888 F.2d 1303· 10th Cir.· 1989-11-03 ·cited 8×
  The court held that a tribe's filing of a complaint does not waive its sovereign immunity for counterclaims, and that land held in trust for a tribe constitutes Indian Country, exempt from state taxation.
• Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs. Ltd.
  451 So. 2d 1034· Fla. 3d DCA· 1984-06-26 ·cited 8×
  The court held that the statute and ordinance allowing cable television companies to install equipment on private property without landlord consent constitute an unconstitutional taking of property without just compensation.
• Detroit v. Consol. Rail Corp.
  727 F.2d 1391· 6th Cir.· 1984-01-24 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) has primary jurisdiction over disputes involving the cancellation of joint rail rates, requiring courts to defer to the ICC's expertise in ratemaking and cost analysis.
• Consol. GAS Supply Corp. v. Fed. Energy Regulatory Comm'n
  611 F.2d 951· 4th Cir.· 1979-12-04 ·cited 8×
  The court held that the district court lacked jurisdiction to issue an injunction against administrative proceedings, as exclusive review of Commission orders lies with the circuit courts of appeals. Furthermore, Consolidated's petition for review was dismissed for failing to rai
• Civil Aeronautics Bd. v. Tour Travel Enters., Inc.
  605 F.2d 998· 7th Cir.· 1979-09-10 ·cited 8×
  The court held that absent claimants must be notified and given an opportunity to be heard before priorities for disbursing funds from an escrow account are established.