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

• State v. Ga. S. & Fla. Ry. Co.
  139 Fla. 115· Fla.· 1939-07-07 ·cited 8×
  The Florida Supreme Court upheld a railroad commission order requiring Georgia Southern & Florida Railway Company to maintain minimum daily train service on its Valdosta-to-Palatka line, holding that while individual services may be loss-making, the railroad cannot avoid this obl
• Fort v. Dekle
  138 Fla. 871· Fla.· 1939-05-30 ·cited 8×
  The Florida Supreme Court held that Chapter 18128 (1937), requiring re-registration of voters in counties with populations exceeding 150,000, violated the Florida Constitution because it was a special or local law that did not comply with constitutional notice and publication req
• Danielson v. Line
  135 Fla. 585· Fla.· 1938-12-16 ·cited 8×
  This case addresses whether a pledge of stock securing a note can be sold to enforce payment after the statute of limitations has barred action on the note itself. The court held that the pledgee can still sell the stock, as the statute of limitations affects only the remedy for
• Lee v. Knott
  133 Fla. 749· Fla.· 1938-08-01 ·cited 8×
  Florida's highest court upheld an injunction against collecting a $10 occupational license tax on pharmacists, interpreting the 1937 statute to apply only to professions where members charge fees for services, not to those engaged in the business of dispensing drugs as an inciden
• Tacker v. Bd. of Cnty. Comm'rs
  126 Fla. 15· Fla.· 1936-10-28 ·cited 8×
  The Florida Supreme Court considered the definition of "qualified electors" under a slot machine licensing act. The court held that "qualified electors" refers to those registered and constitutionally eligible to vote, not necessarily those who have paid poll taxes. This interpre
• Pentecost v. City of Fort Myers
  125 Fla. 152· Fla.· 1936-08-03 ·cited 8×
  This case involves an appeal from a decree that dismissed a complaint seeking to prevent the City of Fort Myers from issuing revenue certificates for waterworks improvements. The court affirmed the dismissal, holding that freeholder elector approval was not required for certifica
• Bursiel v. Selma Bursiel
  124 Fla. 187· Fla.· 1936-04-29 ·cited 8×·via Temporary Injunction
  The Florida Supreme Court reversed a chancery court decree awarding separate maintenance to a wife, holding that the court lacked jurisdiction because neither spouse was domiciled in Florida at the time the bill was filed. The court found the wife failed to establish bona fide re
• Molwin Inv. Co. v. Cecila A. Turner
  123 Fla. 505· Fla.· 1936-03-30 ·cited 8×
  Molwin Investment Company sought to enjoin Dade County Commissioners from paying an auditing firm to audit county fee officers' accounts, arguing no statutory authority existed for such employment. The Florida Supreme Court affirmed dismissal of the bill, holding that county comm
• Lersch v. The Bd. of Pub. Instruction for the Cnty. of Orange
  121 Fla. 621· Fla.· 1935-11-27 ·cited 8×
  This case concerns the validity of special tax school district bonds. The court held that property owners are not entitled to a separate hearing on benefits before inclusion in such a district, as the constitutionality of such districts and the concept of benefits were settled by
• Mallory B. Barrow v. Smith
  119 Fla. 468· Fla.· 1935-02-11 ·cited 8×
  A taxpayer challenged a 1925 Florida statute authorizing monthly salary payments to members of a county school board, arguing the statute violated the state constitution and was inapplicable because the county's assessed valuation fell below the statutory minimum. The Florida Sup
• Sweat v. Daley
  116 Fla. 755· Fla.· 1934-10-05 ·cited 8×
  The Florida Supreme Court reversed a lower court's injunction against the sheriff for seizing slot machines, holding that courts of equity should not enjoin enforcement of valid criminal statutes even when the targeted property's legal status is disputed, absent special circumsta
• Washbish v. Ethyl Winifred Elvins
  114 Fla. 575· Fla.· 1934-04-20 ·cited 8×
  This case addresses whether a tax certificate holder can obtain a tax deed when the certificate was assigned by the Clerk of Circuit Court for less than its full face value. The Florida Supreme Court held that such an assignment is not void, and the original property owner retain
• McClelland v. Marion Holding Co., Inc.
  103 Fla. 646· Fla.· 1931-11-23 ·cited 8×
  The Florida Supreme Court reversed an order overruling a demurrer to a bill of complaint seeking to enjoin a sale of property levied upon under a pluries execution. The court held that the complainants lacked equity to restrain the sale because they had adequate remedies at law a
• Stewart v. Thursby
  103 Fla. 1201· Fla.· 1931-08-25 ·cited 8×·via Dissolution Of Injunction
  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
• Vanderpool Props., Inc. v. Hess & Slager
  100 Fla. 933· Fla.· 1930-10-18 ·cited 8×
  This case concerns whether a lease provision creating a lien on a tenant's merchandise and fixtures for unpaid rent constitutes a mortgage lien, and if so, whether the landlord is entitled to an injunction to prevent the tenant from selling the stock at auction. The court held th
• Hattie Erdmans v. Erdmans
  90 Fla. 858· Fla.· 1925-12-18 ·cited 8×
  Hattie Erdmans appealed a divorce decree granted to her husband R. M. Erdmans on grounds of her cruelty and ungovernable temper. The court affirmed the divorce and alimony award, finding jurisdiction proper despite technical pleading defects and determining the evidence of the wi
• Bennett v. Bogue
  88 Fla. 109· Fla.· 1924-06-25 ·cited 8×
  This case concerns whether a creditor can use an injunction to prevent a debtor from claiming certain stock as exempt from a forced sale. The court affirmed the denial of a motion to dissolve the injunction, finding that equity courts have jurisdiction over such matters.
• Stephens v. Stephens
  87 Fla. 466· Fla.· 1924-05-14 ·cited 8×·via Suit For Injunction
  Lillian A. Stephens sought a mandatory injunction to recover a home purchased with her separate funds but titled in her ex-husband Henry J. Stephens's name due to inadvertence. The Florida Supreme Court reversed the trial court's grant of a preliminary mandatory injunction, holdi
• Anderson v. City of Ocala
  87 Fla. 257· Fla.· 1924-03-17 ·cited 8×
  A Florida taxpayer challenged a municipal bond election in Ocala because voters who were not freeholders participated, violating a new state statute enacted after the election was called but before it was held. The Florida Supreme Court reversed the lower court's dismissal and he
• Gracy v. Fielding
  83 Fla. 388· Fla.· 1922-03-18 ·cited 8×
  The Florida Supreme Court reversed orders denying a motion to strike an unauthorized interlineation in a bill in chancery and granting a temporary injunction. The court held that a prayer for injunction added to the bill five years after filing, without proper court authorization
• Gracy v. Fielding
  83 Fla. 386· Fla.· 1922-03-18 ·cited 8×·via Temporary Injunction
  This case involves an appeal from two interlocutory orders concerning an injunction to restrain a trespass. The appellate court affirmed the lower court's decisions, finding no error in denying a motion to strike an interlineation and no abuse of discretion in granting a temporar
• S. H. Kress & Co. v. Labarre and W. G. Miller
  78 Fla. 101· Fla.· 1919-07-10 ·cited 8×
  The Florida Supreme Court reversed a permanent injunction against S. H. Kress & Company's construction of a basement vault beneath a Miami sidewalk, holding that an abutting property owner who holds fee title to the street has the right to excavate and develop the subsurface, sub
• The Miami Gas Co. v. Highleyman
  77 Fla. 523· Fla.· 1919-04-23 ·cited 8×
  The Miami Gas Company violated its franchise contract with the City of Miami by imposing a new 50-cent monthly meter charge on gas consumers, despite the contract fixing the price at $1.50 per thousand cubic feet. The Florida Supreme Court upheld an injunction prohibiting the com
• Jones v. Miller
  77 Fla. 297· Fla.· 1919-03-26 ·cited 8×
  This case involves an appeal by contractors against a permanent injunction preventing the construction of county buildings. The appellate court dismissed the appeal because indispensable parties, specifically the County Commissioners and trustees, were not included in the appeal.
• J. D. Bell and Others v. S. S. Coachman and Others
  69 Fla. 295· Fla.· 1915-03-17 ·cited 8×
  This case involves a challenge by resident taxpayers to a special tax levy by Pinellas County Commissioners for building a jail. The court found the levy invalid because the commissioners did not follow the statutory requirement of finding the building "necessary" and instead foc
• Borland v. Towles
  69 Fla. 125· Fla.· 1915-02-09 ·cited 8×
  The Florida Supreme Court affirmed the denial of an injunction sought to prevent Lee County from executing a contract to demolish and rebuild its courthouse using funds anticipated from a five-year tax levy. The court held that county commissioners had statutory authority to make
• Dees v. Cook
  58 Fla. 420· Fla.· 1909-06-01 ·cited 8×
  The Florida Supreme Court reversed a lower court's decree, finding it void because the original complainant had sold the property in dispute before the decree was issued, and the purchaser had not been made a party to the suit. The court also addressed the timeliness of the appea
• Leonilla Baker v. McKinney
  54 Fla. 495· Fla.· 1907-06-01 ·cited 8×
  A married woman, Leonilla Baker, sought an injunction to prevent L. M. McKinney from trespassing on her timbered land by removing turpentine after his lease expired on January 1, 1907. The Florida Supreme Court affirmed the denial of the temporary injunction, holding that Baker's
• Hathcock v. Societe Anonyme
  54 Fla. 522· Fla.· 1907-06-01 ·cited 8×
  This case concerns a motion to increase the amount of a supersedeas bond filed by an appellee who claimed the original bond was insufficient to cover potential damages from an injunction. The court denied the motion, finding the appellee failed to demonstrate the bond's insuffici
• Atl. Coast Line R.R. Co. v. Cone
  53 Fla. 1017· Fla.· 1907-01-01 ·cited 8×
  The Florida Supreme Court affirmed a decree requiring the Atlantic Coast Line Railroad Company to pay a judgment obtained against its merged predecessor company, the Savannah, Florida & Western Railway Company. The court held that property of the merged company in the possession
• Doke v. Peek
  45 Fla. 244· Fla.· 1903-01-01 ·cited 8×
  The court reversed a temporary injunction granted to a timber owner, finding that the owner did not meet the statutory requirements for enjoining trespassers and failed to demonstrate irreparable harm or sufficient proof of insolvency.
• 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
• Ex Parte-Robert A. Ivey & Benjamin D. Harrell
  26 Fla. 537· Fla.· 1890-06-01 ·cited 8×
  The Florida Supreme Court denied a petition for relief against the Board of State Canvassers and the Secretary of State, holding that it lacked constitutional authority to issue an injunction to prevent the board from canvassing election returns and that mandamus did not lie beca
• Birnbaum v. Salomon
  22 Fla. 610· Fla.· 1886-06-01 ·cited 8×
  Birnbaum sought to rescind his sale of a one-half interest in an Orlando property to Salomon and obtain injunctive relief, claiming Salomon had orally agreed to lease the premises back to him for an extended term. The Florida Supreme Court affirmed the lower court's dissolution o
• Palmes v. The Louisville & Nashville R.R. Co.
  19 Fla. 231· Fla.· 1882-06-01 ·cited 8×
  The Florida Supreme Court reversed its prior decision in Gonzalez v. Sullivan regarding whether a railroad's property was exempt from taxation for thirty-five years under the Internal Improvement Act. The court held that while the legislature has broad power to grant tax exemptio
• Shalley v. Spillman
  19 Fla. 500· Fla.· 1882-06-01 ·cited 8×
  In this 1882 Florida case, the court addressed whether equity jurisdiction exists to remove a cloud on title created by a sheriff's sale under execution against third-party trustees when the complainants failed to establish that those trustees ever held any interest in the disput
• Brown v. The Fla. S. Ry. Co.
  19 Fla. 472· Fla.· 1882-06-01 ·cited 8×
  Brown, an original incorporator of the Florida Southern Railway Company, sought an injunction to prevent the company from distributing stock to other parties and from disposing of state land grants without preserving his alleged ownership interest. The Florida Supreme Court held
• Wordehoff v. Evers
  18 Fla. 339· Fla.· 1881-06-01 ·cited 8×
  Appellant sought an injunction to prevent a constable from selling his cattle under an execution issued by a justice of the peace for alleged costs of suit. The Florida Supreme Court affirmed the dissolution of the injunction, holding that equity has no jurisdiction where adequat
• Finegan v. The Mayor & Aldermen of the City of Fernandina
  18 Fla. 127· Fla.· 1881-01-01 ·cited 8×
  Joseph Finegan sought to enforce an 1866 peremptory writ of mandamus against the City of Fernandina to compel payment of a municipal bond. The city sought an equity injunction to restrain enforcement of the dormant writ, but the Florida Supreme Court reversed, holding that equity
• Davidson v. Hester B. Seegar
  15 Fla. 671· Fla.· 1876-06-01 ·cited 8×
  A county court judge issued an execution to collect a docket fee without a judgment or court order, and the Supreme Court of Florida held that such execution was void and unauthorized, lacking the legal foundation required for any execution to issue.
• Pinellas Cnty. v. Joiner
  279 So. 3d 860· Fla.· 2024-06-27 ·cited 7×
  Pinellas County, which owned approximately 12,400 acres of land in neighboring Pasco County, claimed sovereign immunity from ad valorem taxation on that extraterritorial property. The Florida Supreme Court held that sovereign immunity does not extend to county-owned property loca
• State v. Planned Parenthood of Southwest and Central Florida
  312 So. 3d 1054· Fla. 1st DCA· 2022-08-24 ·cited 7×·via Temporary Injunction
  The appellate court reversed a lower court's temporary injunction, finding that the appellees failed to demonstrate irreparable harm on behalf of individuals not present in the lower proceedings. The court's decision was based on the parties' failure to provide further briefing a
• Smith v. Short
  332 So. 3d 1064· Fla. 2d DCA· 2021-12-29 ·cited 7×·via Overbroad Injunction
  The appellate court reversed an injunction restricting social media activity and an award of attorney's fees, finding the injunction overbroad and the fee award lacking sufficient evidentiary support. The court affirmed other aspects of the trial court's order enforcing a marital
• Brevard Cnty. & Brevard Cnty. Fire Rescue v. Obloy
  301 So. 3d 1114· Fla. 5th DCA· 2020-08-13 ·cited 7×
  Brevard County appealed a circuit court's grant of injunctive relief to property owners who operated unpermitted tourist cabins in violation of building and fire codes. The appellate court reversed, holding that the circuit court lacked procedural jurisdiction because the propert
• Swain v. Junior
  2016 WL 6090943· S.D. Fla.· 2020-04-30 ·cited 7×·via Preliminary Injunction
  The court held that the defendants' motion to stay the preliminary injunction pending appeal must be denied because they failed to demonstrate a likelihood of success on the merits or irreparable harm.
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
• Stone v. McMillian
  270 So. 3d 510· Fla. 1st DCA· 2019-05-02 ·cited 7×
  Teresa McMillian sought an injunction for protection against stalking against her neighbor Billy Stone after he wrote a threatening letter in 2016 and subsequently walked past her house frequently. The trial court granted a one-year injunction, but the appellate court reversed, f
• Oldham v. Hillary E. Greene
  263 So. 3d 807· Fla. 1st DCA· 2018-12-27 ·cited 7×·via Domestic Violence Injunction
  An order compelling psychological examination under Florida Family Law Rule of Procedure 12.360 must include factual findings establishing both that the party's mental condition is "in controversy" and that "good cause" exists for the examination, and must specify the time, place
• Frs-Fast Reliable Seaway v. Bd. of Pilot Comm'rs
  261 So. 3d 744· Fla. 3d DCA· 2018-12-26 ·cited 7×
  Shipping companies petitioned for a writ of certiorari to challenge a final order of the Pilotage Rate Review Committee that adopted pilotage rate increases for PortMiami. The petitioners did not participate in the underlying administrative proceedings. The court dismissed the pe
• Robinson v. Noemi Robinson
  257 So. 3d 1187· Fla. 5th DCA· 2018-11-02 ·cited 7×·via Domestic Violence Injunction
  An injunction for protection against domestic violence must be supported by competent substantial evidence showing either that the petitioner is a victim of domestic violence as defined by statute or has reasonable cause to believe she is in imminent danger of becoming one; the e