Injunction

5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gust Dahlen v. Kramer Mach. & Eng'g Prods. Co.
  303 F.2d 293· 10th Cir.· 1961-06-27 ·cited 8×·via Ex Parte Injunction
  The court held that the order denying the motion to dismiss was not appealable because it was an interlocutory order and the prerequisites for an interlocutory appeal were not met, nor was it an order refusing to dissolve an injunction.
• Charles Simkin & Sons, Inc. v. Massiah
  289 F.2d 26· 3d Cir.· 1961-04-13 ·cited 8×·via Interlocutory Injunction
  A contractual waiver of lien rights is enforceable even if the party seeking to enforce it is in default, and equitable replevin is not available for standard, non-unique chattels.
• C. G. J. Corp. v. Hurwitz
  123 So. 2d 44· Fla. 3d DCA· 1960-09-19 ·cited 8×
  C.G.J. Corporation appealed an order denying its motion to dismiss a complaint by co-tenants seeking specific performance and injunctive relief for alleged breaches of cooperative apartment purchase agreements. The court affirmed the denial, finding the complaint stated a valid c
• Unistrut Corp. v. Power
  280 F.2d 18· 1st Cir.· 1960-06-30 ·cited 8×
  The court held that the defendant's product did not infringe Patent No. 2,345,650 due to superficial differences and that the scope of the unfair competition injunction was not an abuse of discretion. It also affirmed findings on copyright and contract claims but vacated the judg
• Baltz v. THE Fair
  279 F.2d 899· 7th Cir.· 1960-06-23 ·cited 8×
  The court held that the dismissal of a contempt petition was proper because the alleged infringement by a third-party manufacturer, whose product was not before the original court and was the subject of a separate pending action, should not be decided in a contempt proceeding.
• Mo. Valley Intercollegiate Athletic Ass'n v. Bookwalter
  276 F.2d 365· 8th Cir.· 1960-04-05 ·cited 8×
  A taxpayer cannot maintain a suit to restrain the assessment or collection of taxes if they have an adequate remedy at law, even if they dispute their liability.
• Deloris Tonkins v. City OF Greensboro
  276 F.2d 890· 4th Cir.· 1960-03-14 ·cited 8×
  The court held that the sale of a municipal swimming pool to a private corporation, even if organized by a city official with advisory capacity, was not a "sham" or "subterfuge" to continue segregation, and thus not state action violating the Fourteenth Amendment.
• Hobart Alexander v. Booker T. Washington
  274 F.2d 349· 5th Cir.· 1960-01-19 ·cited 8×
  The court held that a party alleged to be non compos mentis, whose interests are aligned with the plaintiffs, must be realigned as a plaintiff, destroying diversity jurisdiction.
• Int'l HOD Carriers' Bldg. & Common Laborers' Union Local 478-AFL-CIO v. Heftler Constr. Co.
  116 So. 2d 30· Fla. 3d DCA· 1959-11-09 ·cited 8×
  A Florida state court issued an injunction against unions engaged in a secondary boycott at a construction project. The unions appealed, challenging state court jurisdiction on the ground that the National Labor Relations Act granted exclusive federal jurisdiction. The court reve
• Abe Alianell v. Fossey
  114 So. 2d 372· Fla. 3d DCA· 1959-09-08 ·cited 8×
  Appellant Alianell sought to enjoin individual county commissioners from enforcing a zoning resolution, naming them as defendants. The court held that county commissioners must be sued in the county's name, not individually, and that zoning disputes are reviewed by certiorari or
• Dowdy v. Procter & Gamble Mfg. Co.
  267 F.2d 827· 5th Cir.· 1959-06-23 ·cited 8×·via Suit For Injunction
  The court held that the trial court erred in dismissing the complaint for failure to state a claim under Rule 8(a) and in denying leave to amend under Rule 15(a).
• John & Sal's Auto. Serv. Inc. v. Jones Beach State Parkway Auth. & Long Island State Park Comm'n
  267 F.2d 862· 2d Cir.· 1959-06-10 ·cited 8×
  The court held that the dismissal of the state park agencies did not constitute a final judgment from which to appeal, as the action remained pending against Sinclair.
• Orleans Parish Sch. Bd. v. Bush
  268 F.2d 78· 5th Cir.· 1959-06-09 ·cited 8×·via Permanent Injunction
  The court held that federal courts are not required to abstain from ruling on the constitutionality of state actions when a state statute cannot legitimize illegal conduct, even if the statute has not been interpreted by state courts.
• Martin v. United States
  270 F.2d 65· 4th Cir.· 1959-06-08 ·cited 8×
  The court held that a landowner is entitled to notice of a taking of their reserved property interest, especially when they have been affirmatively misled by the condemning authority's actions.
• Bricklayers v. Acme Tile & Terrazzo Co.
  112 So. 2d 43· Fla. 2d DCA· 1959-04-29 ·cited 8×
  In this interlocutory appeal, the Florida District Court of Appeal reversed an order applying res judicata to bar unions from defending against an injunction suit by introducing evidence about the lawful inception of a strike. The court held that the unions' original complaint wa
• George W. Manning and his wife v. A. L. Hall and his wife
  110 So. 2d 424· Fla. 2d DCA· 1959-04-08 ·cited 8×·via Permanent Injunction
  The court affirmed a permanent injunction granting appellees the right to maintain a drainage ditch across appellants' land. The case establishes that when adjacent landowners jointly construct and maintain a drainage system with mutual consent and contribution, neither party may
• Marine Cooks & Stewards v. Panama S.S. Co., Ltd.
  265 F.2d 780· 9th Cir.· 1959-04-06 ·cited 8×
  The court held that the exception to federal question jurisdiction for maritime claims does not apply when the relief sought, like an injunction against a maritime tort, is unknown to admiralty courts.
• City OF DES Moines v. Chicago & N. W. Ry. Co.
  264 F.2d 454· 8th Cir.· 1959-03-05 ·cited 8×
  A court cannot decree an ouster of a railway from a street without prior Interstate Commerce Commission (ICC) approval, even if the railway's occupancy is based on a forfeited franchise, because such ouster may constitute an abandonment of an interstate line requiring ICC certifi
• Evening News Publ'g Co. v. Allied Newspaper Carriers OF NEW Jersey
  263 F.2d 715· 3d Cir.· 1959-02-20 ·cited 8×·via Interlocutory Injunction
  The court held that a concerted refusal by newspaper dealers to handle a newspaper, aimed at forcing the elimination of newsboys, constituted a group boycott and a per se violation of Section 1 of the Sherman Act, unreasonably restraining interstate commerce.
• Caldwell v. Losche
  108 So. 2d 295· Fla. 2d DCA· 1959-01-21 ·cited 8×
  The court held that a municipality's assertion of jurisdiction over land is properly challenged through a quo warranto proceeding, not an injunction.
• Greater Del. Valley Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  262 F.2d 371· 3d Cir.· 1958-12-30 ·cited 8×·via Request For Injunction
  A district court cannot interfere with an administrative agency's authorized ex parte action to appoint a Supervisory Representative in Charge of a savings and loan association during an emergency.
• Jacobsen v. Sanford W. Padgett
  108 So. 2d 303· Fla. 2d DCA· 1958-10-31 ·cited 8×
  The Orange County Zoning Commission sought to enjoin a property owner from expanding his trailer park beyond the non-conforming use permitted under a newly adopted zoning resolution. The court affirmed dismissal of the injunction petition, holding that a complaint alleging only v
• Rev. Felix Rekas v. Polish Nat'l Catholic Church
  102 So. 2d 705· Fla.· 1958-05-14 ·cited 8×
  The court held that the local church's attempted amendment of its charter to affiliate with another church was ineffective, and the property belonged to the national church.
• Am. Nat'l Bank & Tr. Co. OF Chicago v. Taussig
  255 F.2d 765· 7th Cir.· 1958-04-02 ·cited 8×
  The court held that prior unappealed decrees were res judicata and not void, and that the district court had the power to enjoin state court proceedings to protect its jurisdiction and judgments.
• Chicago & N. W. Ry. Co. v. Cont'l OIL Co.
  253 F.2d 468· 10th Cir.· 1958-02-12 ·cited 8×
  A railroad's right of way under the Act of March 3, 1875, is an easement, not a limited fee, and does not grant rights to underlying oil and minerals.
• Stirling Music Co., Inc. v. Feilbach
  100 So. 2d 75· Fla. 3d DCA· 1958-01-30 ·cited 8×·via Temporary Injunction
  This case involves an appeal from an order denying a temporary injunction. The appellate court affirmed the lower court's decision, finding no abuse of discretion in denying the injunction.
• Nat'l Cancer Hosp. OF Am. v. Bethuel M. Webster
  251 F.2d 466· 2d Cir.· 1958-01-20 ·cited 8×
  The court held that the federal district court did not err in dismissing the complaint for lack of subject matter jurisdiction, as the action improperly sought to interfere with ongoing state court proceedings.
• S. Bell Tel. & Tel. Co. & Am. Tel. & Tel. Co. v. S. Precision Pattern Works, Inc.
  251 F.2d 537· 5th Cir.· 1958-01-03 ·cited 8×
  The court denied the petition for rehearing, finding no conflict between the prior case cited and its original decision.
• E. Coast Grocery Co. v. Collins
  96 So. 2d 793· Fla.· 1957-05-29 ·cited 8×
  East Coast Grocery Company challenged dismissal of its lawsuit against the Trustees of the Internal Improvement Fund of Florida, contending the suit should proceed in St. Lucie County rather than Leon County. The Florida Supreme Court affirmed the dismissal for improper venue, ho
• Benjamin S. Mesirow under Tr. Agreement known as Tr. No. 140 in behalf of all beneficiaries of his Tr. v. Duggan
  240 F.2d 751· 8th Cir.· 1957-02-04 ·cited 8×
  A bankruptcy trustee who obtains both the real estate and the purchase money from a void judicial sale, where the purchaser acted in good faith without actual knowledge of the sale's invalidity, cannot in conscience retain both and must grant the purchaser an equitable lien.
• Saggau v. Young
  240 F.2d 865· D.C. Cir.· 1956-12-27 ·cited 8×
  The court held that it will not review executive officials' dismissal of employees except to ensure statutory compliance, and found no such error here.
• Jamison v. Repetti
  239 F.2d 901· 9th Cir.· 1956-09-07 ·cited 8×
  An assessment made under Internal Revenue Code § 272(f) for a 'mathematical error appearing on the face of the return' is void if no such error exists, allowing a court to issue an injunction.
• Gen. Inv. & Serv. Corp., Inc. v. The Wichita Water Co. & The City of Wichita
  236 F.2d 464· 10th Cir.· 1956-08-23 ·cited 8×
  The federal court lacked jurisdiction to entertain the action for an injunction and declaratory judgment concerning a city ordinance imposing a water surcharge, and therefore should have dismissed the case without reaching the merits.
• Boylan v. Quarles
  235 F.2d 834· D.C. Cir.· 1956-06-21 ·cited 8×·via Mandatory Injunction
  The court held that it will not review the action of executive officials in dismissing executive employees, except to ensure compliance with statutory requirements.
• Kansas-Nebraska Natural GAS Co., Inc. v. The City OF ST. Edward
  234 F.2d 436· 8th Cir.· 1956-06-14 ·cited 8×
  The federal court lacked jurisdiction to enjoin the enforcement of state-authorized utility rates because the Natural Gas Act exempts local distribution and sale of natural gas from federal regulation, leaving such matters to state courts.
• Indus. Dev. Co. of Little Rock v. Thompson
  231 F.2d 825· 8th Cir.· 1956-04-18 ·cited 8×
  The court held that the appeal should be vacated and the case dismissed as moot because the construction sought to be enjoined was completed, rendering the issue unreviewable.
• Stewart v. Mack
  86 So. 2d 143· Fla.· 1956-03-16 ·cited 8×
  The Florida Supreme Court upheld an injunction against appellants for operating as unlicensed auto transportation companies through sham truck leases in violation of Chapter 323, Florida Statutes. The court rejected appellants' challenges to procedural rulings, the constitutional
• Buckeye Pipe Line Co. v. Keating
  229 F.2d 795· 7th Cir.· 1956-02-14 ·cited 8×
  A landowner cannot use their property in a way that interferes with or endangers an existing easement, even for public interest, without compensating the easement holder.
• Brotherhood OF Railroad Trainmen v. Cent. OF Ga. Ry. Co.
  229 F.2d 901· 5th Cir.· 1956-02-10 ·cited 8×
  The court held that an injunction may be issued to preserve the status quo pending determination by the National Railroad Adjustment Board of a dispute concerning the interpretation or application of a contract, even if the dispute might otherwise fall under the Norris-LaGuardia
• United States v. Etcheverry
  230 F.2d 193· 10th Cir.· 1956-01-30 ·cited 8×
  The court held that the United States cannot recover damages for trespass committed prior to the issuance of a final certificate for a mining claim, as the doctrine of relation back makes the patent effective from the date of entry, and the locator's right to possess and purchase
• Haines v. Latham Castle
  226 F.2d 591· 7th Cir.· 1955-10-20 ·cited 8×
  The court held that the district court correctly dismissed the suit because it presented no substantial federal constitutional question, and affirmed the dismissal.
• Vaughn C. Payne, Sr. v. Gus F. Koehler
  225 F.2d 103· 8th Cir.· 1955-08-10 ·cited 8×·via Preliminary Injunction
  The court held that an appeal from an order denying a motion for rehearing is not an appeal from a final decision and thus the appellate court lacks jurisdiction.
• Douds v. Int'l Longshoremen's Ass'n
  224 F.2d 455· 2d Cir.· 1955-06-24 ·cited 8×·via Injunction Enforcement
• S. Bell Tel. & Tel. Co. v. State
  75 So. 2d 796· Fla.· 1954-11-19 ·cited 8×
  Southern Bell sought relief from a Florida State Road Department order requiring it to bear the full cost of removing and relocating its telephone facilities to accommodate construction of the Jacksonville Expressway. The Florida Supreme Court held that telephone company faciliti
• United States ex relator v. Dulles
  222 F.2d 390· D.C. Cir.· 1954-09-16 ·cited 8×·via Mandatory Injunction
• Porter v. Meigs
  74 So. 2d 82· Fla.· 1954-07-30 ·cited 8×·via Interlocutory Injunction
  The Florida Supreme Court reversed a lower court's reformation of property deeds, holding that the deeds should be reformed to describe all land owned by the Bayou Fish Company in Block 18 at the time of conveyance, rather than specifically including Lots 1 and 2, because the con
• Engvalson et ux. v. Webster
  74 So. 2d 113· Fla.· 1954-07-16 ·cited 8×·via Mandatory Injunction
  Homeowners brought an equity suit to enforce a restrictive covenant requiring approval of building plans before construction. The trial court dismissed the suit, but the Florida Supreme Court reversed, holding that the appellants had a valid right to approve building plans regard
• United Life Ins. Co. v. United INS. Co.
  70 So. 2d 310· Fla.· 1954-02-02 ·cited 8×
  United Life Insurance Company sought to enjoin United Insurance Company from doing business in Florida under a similarly named corporation, claiming the names were confusingly similar in violation of Florida statute. The Florida Supreme Court affirmed the trial court's decision a
• Salsbury Motors, Inc. v. United States
  210 F.2d 171· 9th Cir.· 1954-01-27 ·cited 8×
  The court held that the tax lien attached to after-acquired property, over which the bankruptcy court had no jurisdiction, and thus the injunction against the Collector was improper. The court also found the Receiver should not have been a party to the proceedings.
• Switchmen's Union of N. Am. v. Ogden Union Ry. & Depot Co.
  209 F.2d 419· 10th Cir.· 1954-01-02 ·cited 8×
  The court held that a dispute concerning the interpretation and application of a collective bargaining agreement regarding employee reinstatement falls within the exclusive jurisdiction of the Railway Adjustment Board, not federal courts.