Dissolution Of Injunction

67 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Masser v. The London Operating Co.
  106 Fla. 474· Fla.· 1932-08-23 ·cited 175×
  Lessees of a Miami Beach hotel sued in equity to enforce landlord's covenant to paint and complete a solarium, and sought to restrain eviction proceedings based on their nonpayment of rent. The court dismissed the suit as lacking equity and ordered money deposited in court to be
• Godwin v. Phifer
  51 Fla. 441· Fla.· 1906-01-01 ·cited 126×
  The Florida Supreme Court reversed a decree granting an injunction and ordering cancellation of a timber contract, holding that the bill failed to allege sufficient facts to establish equity jurisdiction and that the temporary injunction was improperly granted without notice to d
• Nat'l Sur. Co. v. Willys-Overland, Inc.
  103 Fla. 738· Fla.· 1931-11-30 ·cited 80×
  National Surety Company appealed a judgment for breach of an injunction bond, challenging whether the trial court properly sustained a demurrer to its second amended plea asserting settlement. The Florida Supreme Court reversed, holding that a settlement agreement need not be in
• C.S. and J.S. v. S.H. and K.H.
  671 So. 2d 260· Fla. 4th DCA· 1996-04-10 ·cited 62×
  Biological relatives appealed a trial court's final judgment awarding adoption of a three-year-old child to foster parents, rather than to the relatives whom HRS had selected as adoptive parents. The court reversed, holding that trial courts lack authority to interfere with HRS's
• Sewell v. Huffstetler
  83 Fla. 629· Fla.· 1922-05-19 ·cited 56×
  Huffstetler sued Sewell and Gallat, as sureties on an injunction bond, for breach when the underlying injunction was dissolved and Huffstetler incurred damages. The defendants challenged the action on multiple procedural and substantive grounds, but the Florida Supreme Court affi
• Smith v. Hous. Auth. of the City of Daytona Beach
  148 Fla. 195· Fla.· 1941-09-24 ·cited 43×
  The Florida Supreme Court reversed a permanent injunction granted by a lower court that exempted a housing authority's property from taxation. The court held that the injunction was improperly granted due to procedural defects (lack of process and pleadings) and substantive defic
• The Builders Supply Co. v. Acton
  56 Fla. 756· Fla.· 1908-06-01 ·cited 40×
  The Builders Supply Company appealed the dissolution of a temporary injunction restraining a removal action filed by J.W. Acton in County Judge's court. The Florida Supreme Court affirmed the trial court's order dissolving the injunction, holding that the bill failed to state suf
• Burnham v. Driggers
  44 Fla. 168· Fla.· 1902-01-01 ·cited 22×
  The Florida Supreme Court dismissed an appeal due to a defective clerk's certificate and the improper nature of the appeal itself. The court found that a separate appeal could not be taken from an order dissolving an injunction when the bill had also been dismissed.
• Cunningham v. Hester Dozer
  159 So. 2d 105· Fla. 3d DCA· 1963-12-23 ·cited 21×
  Municipal officers sought to enjoin recall proceedings against them. The trial court dissolved a temporary injunction that had halted the recall election, and the officers appealed. The appellate court affirmed the dissolution, finding no abuse of discretion by the trial judge.
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Hall v. Hanford
  64 So. 2d 303· Fla.· 1953-04-07 ·cited 18×
  The Florida Supreme Court reviewed an order that both dismissed a bill of complaint with leave to amend and simultaneously maintained a temporary injunction based on that same bill. The court held that a court cannot maintain an injunction after dismissing the bill of complaint t
• Smith v. Chas. A. Longe
  20 Fla. 697· Fla.· 1884-01-01 ·cited 17×
  Marcus Smith sought to enjoin the tax collector from selling his property for allegedly illegal taxes levied by Daytona in 1882. The Florida Supreme Court held that the Board of Aldermen lacked authority to levy general property taxes in 1882 because that power had been repealed
• Linton v. Denham & Palmer & Minor Walker
  6 Fla. 533· Fla.· 1856-01-01 ·cited 17×
  Thomas Linton sought to enjoin collection of a promissory note, claiming he had made substantial advances to the borrower Walker that should offset the debt, and that the note's transferees Denham & Palmer had notice of these equities. The Florida Supreme Court reversed the lower
• U.S. Mfg. & Galvanizing Corp. v. Renfrow
  592 So. 2d 1216· Fla. 3d DCA· 1992-01-28 ·cited 15×
  USMGC appealed the denial of dissolution of a temporary injunction that closed its facility and required removal of hazardous waste. The court affirmed, holding that the trial court did not abuse its discretion in maintaining the injunction despite evidence of hazardous waste rem
• In a Cause for Exoneration from or Limitation of Liability. Leslie W. Newton v. Shipman
  718 F.2d 959· 9th Cir.· 1983-10-20 ·cited 14×
  The court held that a single claimant in a limitation of liability proceeding is entitled to a jury trial on their Jones Act claim, and the district court should dissolve its injunction to permit the separate action.
• The World Sec. Fund v. Schmidt
  406 So. 2d 511· Fla. 3d DCA· 1981-11-03 ·cited 14×
  The World Security Fund and its principals appealed the trial court's refusal to dissolve a temporary injunction issued in favor of the Schmidts. The appellate court affirmed, holding that the appellants failed to meet their burden of demonstrating the injunction lacked basis in
• Lane v. Reubin J. Clein
  137 So. 2d 15· Fla. 3d DCA· 1962-02-01 ·cited 14×
  In this interlocutory appeal, a Florida appellate court affirmed the dissolution of a temporary injunction that had restrained defendants from making derogatory statements about plaintiff's business. The court found no abuse of discretion by the trial judge in dissolving the inju
• McAdow v. Wachob
  45 Fla. 482· Fla.· 1903-01-01 ·cited 14×
  The appellate court reversed a lower court's order dissolving an injunction. The reversal was based on procedural errors, specifically the lack of notice to the complainant and an opportunity to be heard on exceptions to a master's report. The court also provided guidance on the
• Napoleon B. Broward v. Bowden
  39 Fla. 751· Fla.· 1897-06-01 ·cited 14×
  In this 1897 case, the Florida Supreme Court addressed whether to review an injunction granted in an equity suit when the complainants had already filed a praecipe for dismissal of their bill. The Court found the appeal moot and remanded the case with directions to dissolve the i
• Spaulding v. Shane
  150 So. 3d 852· Fla. 2d DCA· 2014-11-05 ·cited 13×
  The court held that a lengthy prison sentence constitutes a change in circumstances sufficient to warrant the dissolution of a domestic violence injunction.
• Paran Moody et ux. v. The Jacksonville
  20 Fla. 597· Fla.· 1884-01-01 ·cited 13×
  The Florida Supreme Court held that a railroad company cannot appropriate a landowner's property for construction without prior legislative authorization for eminent domain and without ensuring just compensation before taking possession. The court invalidated the statutory provis
• NOE v. Brady Marchant NOE
  217 So. 3d 196· Fla. 1st DCA· 2017-04-13 ·cited 12×
  Bradley Noe appealed the trial court's denial of his motion to dissolve a domestic violence injunction entered against him 15 years earlier. The court affirmed, holding that Noe's incarceration alone was insufficient to dissolve the injunction where the appellee demonstrated a re
• Collum v. Edwards
  578 F.2d 110· 5th Cir.· 1978-08-10 ·cited 11×
  The court held that a district court did not abuse its discretion in dissolving a preliminary injunction when the party seeking it failed to comply with the terms of a consent order, but the dismissal of the complaint with prejudice was improper as no trial on the merits had occu
• Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp.
  166 So. 2d 155· Fla. 3d DCA· 1964-07-07 ·cited 11×
  The court held that the summary final decree must be reversed because it was entered without the required ten-day notice for the summary judgment hearing and the attorney's fee was awarded without proper notice and testimony. The court also held that the denial of the motion to j
• Webb v. Gregory
  105 So. 2d 183· Fla. 3d DCA· 1958-07-30 ·cited 11×
  The court held that the injunction restraining execution of a civil court judgment was improvidently issued because the equity court lacked authority to enjoin the judgment on the basis presented and statutory requirements for an injunction were not met.
• Int'l Longshoremen's Ass'n, Local 1416, AFL-CIO v. E. S.S. Lines, Inc.
  206 So. 2d 473· Fla. 3d DCA· 1968-01-30 ·cited 10×
  The court held that it was error to cancel an injunction bond and release the surety while a separate appeal from the final decree making the injunction permanent was still pending.
• Richardson v. Kittlewell
  45 Fla. 551· Fla.· 1903-01-01 ·cited 10×
  The court reviewed a lower court's decision to dissolve a temporary injunction and dismiss a married woman's bill claiming separate statutory property. While the dissolution of the injunction was affirmed, the dismissal of the bill was reversed.
• Calder Race Course, Inc. v. Gaitan
  430 So. 2d 975· Fla. 3d DCA· 1983-05-10 ·cited 8×
  Attorneys' fees for wrongful injunction dissolution are recoverable only in a separate action on the injunction bond, but costs should generally follow the result of the litigation.
• Stewart v. Thursby
  103 Fla. 1201· Fla.· 1931-08-25 ·cited 8×
  Isaac A. Stewart sought to enjoin Volusia County officials from disbursing public funds to the Board of Trustees of Volusia County Fair and from issuing bonds allegedly authorized by a special act. The Florida Supreme Court consolidated two interlocutory appeals—one from a tempor
• Smith v. Whitfield
  38 Fla. 211· Fla.· 1896-06-01 ·cited 8×
  Smith sought contempt sanctions against Whitfield, Sanders, and Trubenbach for violating a supersedeas order by shipping phosphate rock. The Florida Supreme Court held that because the Anglo-Continental Guano Works (represented by Trubenbach) obtained valid possession and control
• Reba Merrett v. Nagel
  564 So. 2d 229· Fla. 5th DCA· 1990-07-12 ·cited 7×
  Merrett sought a temporary restraining order to prevent her mother's husband from removing the mother from Florida and disposing of her assets in a guardianship competency proceeding. When the Florida court later dissolved the restraining order and denied Merrett's guardianship p
• Gamble v. Campbell
  6 Fla. 347· Fla.· 1855-03-01 ·cited 7×
  The Supreme Court of Florida affirmed the dismissal of a bill in equity filed by Gamble to enjoin a judgment at law. The court found Gamble's claims of excessive charges and a broken agreement for arbitration to be too vague and unsupported by evidence to warrant equitable relief
• Browning-Ferris Indus. OF Fla., Inc. v. Manzella
  694 So. 2d 110· Fla. 4th DCA· 1997-05-28 ·cited 6×
  The federal settlement agreement did not affect the noncompete agreement executed as consideration for the sale of assets, and thus the injunction should not have been dissolved.
• Perry v. Wittich
  37 Fla. 237· Fla.· 1896-01-01 ·cited 6×
  The Pensacola Wharf Company sued W. L. Wittich to enjoin him from constructing buildings and filling in navigable waters between two wharves owned by the company. The court affirmed the dissolution of the temporary injunction due to the complainants' extraordinary delay and lache
• The Tampa St. Ry. & Power Co. v. The Tampa Suburban R.R. Co.
  30 Fla. 400· Fla.· 1892-06-01 ·cited 6×
  The Florida Supreme Court vacated a supersedeas bond granted in an appeal from an order dissolving a temporary injunction against a railroad company's street railway construction. The Court held that one of the two required sureties on the appeal bond was insufficient, lacking th
• Speer v. Evangelisto
  662 So. 2d 1340· Fla. 2d DCA· 1995-11-15 ·cited 5×
  Speer and Saliu appealed an injunction ordering return of restaurant and bar equipment that had been removed from Florida premises. The court reversed the injunction, holding that because the property had already been removed from the state and the appellees could be fully compen
• The City OF Miami Beach v. Seacoast Towers-Miami Beach, Inc.
  148 So. 2d 554· Fla. 3d DCA· 1963-01-17 ·cited 5×
  The appellate court affirmed the lower court's denial of a motion to dissolve a temporary injunction, finding no abuse of discretion by the chancellor. The court also noted that the issue of the injunction bond was not properly raised on appeal.
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• Cadicamo v. Alite
  4 So. 3d 699· Fla. 2d DCA· 2009-02-18 ·cited 4×
  The appellate court held that the temporary injunction was defective because it failed to require a bond and make specific findings regarding irreparable harm, adequate remedy at law, likelihood of success on the merits, and public policy considerations.
• Am. Horse Prot. Ass'n, Inc. v. Watt
  694 F.2d 1310· D.C. Cir.· 1982-12-10 ·cited 4×
  The court held that the Public Rangelands Improvement Act of 1978, as amended, allows the Bureau of Land Management to act on available information and supersedes the grounds for the injunction, thus permitting independent review of the District Court's interpretation.
• Muss v. Rosenberg
  353 So. 2d 203· Fla. 3d DCA· 1977-12-20 ·cited 4×
  A Florida appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction that was issued without bond or notice. The court held that absent evidence and findings that the plaintiff lacked sufficient assets to post a bond, the trial court erred in r
• M. F. S. Land Co. v. J. Ray Arnold Cypress Co. & R. L. Dowling
  103 Fla. 732· Fla.· 1931-11-30 ·cited 4×
  The appellate court dismissed an appeal from an order dissolving a temporary injunction because the injunction would have expired before the appeal could be heard, rendering the appeal moot. The court emphasized that appeals should not be pursued when no practical relief can be g
• R. L. Wall et ux. v. Shelley
  36 Fla. 357· Fla.· 1895-06-01 ·cited 4×
  The Florida Supreme Court affirmed a lower court's decision to dissolve an injunction and sustain a demurrer. The appellants failed to file a brief or assignment of errors, leading the court to consider the case abandoned.
• Woolley v. Nelsen
  183 So. 3d 476· Fla. 2d DCA· 2016-01-20 ·cited 2×
  Florida appellate court reversed summary denial of motion to dissolve dating violence protective injunction, holding that due process requires a hearing when incarceration may render the injunction's purpose moot.
• Picasso Tower, Inc. v. Dairene Int'l
  874 So. 2d 640· Fla. 3d DCA· 2004-04-14 ·cited 2×
  A temporary injunction dissolved for lack of jurisdiction is considered wrongfully issued, entitling the enjoined party to damages against the injunction bond.
• Wayne Paint Co. v. Gulfview Apts. OF Marco Island, Inc.
  739 So. 2d 1259· Fla. 2d DCA· 1999-08-20 ·cited 2×
  Wayne Paint Company appealed the denial of its motion for attorney's fees after successfully defending against Gulfview Apartments' attempt to dissolve or modify an injunction protecting Wayne Paint's ownership interest in a condominium unit. The court reversed, holding that Wayn
• L. A. Concrete Pumping, Inc. v. Majich
  483 F.2d 524· 9th Cir.· 1973-07-12 ·cited 2×
• Fla. Power Corp. v. Ocklawaha Reclamation Farms
  93 Fla. 740· Fla.· 1927-04-05 ·cited 2×
  Florida Power Corporation appealed from a trial court order granting a temporary restraining injunction and denying its motion to dissolve that injunction in a suit by Ocklawaha Reclamation Farms seeking to rescind certain contracts and prevent destruction of property. The Florid
• Mast v. Baker
  69 Fla. 585· Fla.· 1915-05-11 ·cited 2×
  Mast sought to enjoin Sheriff Baker from selling land levied upon in execution of a judgment in favor of Guild. The Florida Supreme Court affirmed the dissolution of the restraining order, holding that the judgment creditor Guild was a necessary party defendant who was not proper
• Ray v. Trice
  53 Fla. 864· Fla.· 1907-01-01 ·cited 2×
  This case involves an unusual procedural dispute where Walter Ray sued a court-appointed receiver (Trice) in a different judicial circuit than the one that appointed the receiver. The Florida Supreme Court affirmed the lower court's decision, holding that a judge cannot grant an