Injunction Bond Damages

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

• Adolph Coors Co. v. A & S Wholesalers, Inc.
  561 F.2d 807· 10th Cir.· 1977-07-29 ·cited 26×
  The court held that the Supreme Court's decision in Continental T.V. v. GTE Sylvania, which overruled the Schwinn per se rule, applies retroactively and requires a rule of reason analysis for vertical territorial restrictions. The court also remanded the issue of damages from the
• Richard Rice and wife v. Fred White and wife
  147 So. 2d 204· Fla. 1st DCA· 1962-12-06 ·cited 24×
  In this appeal from a damages determination under an injunction bond, the Florida court addressed whether dismissal of an injunction complaint without prejudice and dissolution of a temporary restraining order constitutes a final adjudication that the restraining order was wrongf
• United Bonding Ins. Co. OF Indianapolis v. Presidential Ins. Co.
  155 So. 2d 635· Fla. 2d DCA· 1963-08-07 ·cited 20×
  Attorney's fees are a proper element of damages on an injunction bond, but the award must be restricted to services rendered as a result of the wrongful issuance of the restraining order, not for defending the main case.
• Braun v. Intercontinental Bank
  452 So. 2d 998· Fla. 3d DCA· 1984-06-19 ·cited 19×
  In this appeal from a damages assessment on an injunction bond, the court held that while the trial court properly awarded damages for the wrongful issuance of a stay granted by the appellate court, it erred in including attorney's fees for services rendered in responding to the
• Wittich v. O'Neal
  22 Fla. 592· Fla.· 1886-06-01 ·cited 19×
  The Florida Supreme Court held that counsel fees incurred to dissolve a temporary injunction are recoverable as damages under an injunction bond, and that a fixed liability for such fees is sufficient without proof of actual payment. The court rejected the contrary position taken
• The Celotex Corp. v. Oil, Chem. & Atomic Workers Int'l Union, Afl-Cio
  516 F.2d 242· 3d Cir.· 1975-05-12 ·cited 16×
  The court held that procedural deficiencies in issuing a temporary restraining order do not automatically entitle a party to damages under the Norris-LaGuardia Act if those deficiencies caused no actual harm or expense.
• Aviation Invs., Inc. v. Johanson
  177 So. 2d 369· Fla. 3d DCA· 1965-06-29 ·cited 12×
  Aviation Investments appealed a judgment awarding damages under an injunction bond, challenging the denial of storage costs for an airplane and an award of $700 in attorney's fees. The court affirmed, holding that the evidence did not establish a certain and definite amount of st
• Heiser v. Woodruff
  128 F.2d 178· 10th Cir.· 1942-05-07 ·cited 6×
  Attorney's fees are not recoverable as damages on a federal injunction bond.
• Lane v. Reubin J. Clein
  151 So. 2d 677· Fla. 3d DCA· 1963-04-09 ·cited 4×
  The Third District Court of Appeal reversed an order allowing defendants to pursue damages for a wrongful injunction in the same suit, holding that without express statutory authorization, such damages must be sought in a separate action on the bond. The court found that Florida
• Polymer Tech. Corp. v. Emile Mimran
  975 F.2d 58· 2d Cir.· 1992-09-11 ·cited 3×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the sale of products by a distributor.
• 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.
• Zenith Radio Corp. v. The United States
  823 F.2d 518· Fed. Cir.· 1987-07-02 ·cited 2×
  The court held that the Court of International Trade did not abuse its discretion in denying the government's motion for assessment of damages on an injunction bond, primarily due to a subsequent jurisdictional ruling that prevented Zenith from litigating its bad faith claim.
• Absolute Activist Value Master Fund Ltd. v. Devine
  M.D. Fla.· 2019-09-23
  The court denied reconsideration of its prior order regarding costs and fees, finding no extraordinary circumstances or clear error to justify reopening the judgment.
• Forty-Five Twenty-Five, Inc. v. Fontainebleau Hotel Corp.
  18 Fla. Supp. 74· Dade Cty. Cir. Ct.· 1960-06-13
  Forty-Five Twenty-Five, Inc. sought to enjoin Fontainebleau Hotel Corp.'s construction of a hotel addition. The injunction was granted but subsequently dissolved by appellate court. This damages hearing determined what the hotel could recover on the injunction bond, a foundationa