Injunction

5,622 Florida cases classified under this topic, plus 6,128 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Douglas-Guardian Warehouse Corp. v. Posey
  486 F.2d 739· 10th Cir.· 1973-11-05 ·cited 6×
  The court held that the appellant could not enjoin state court judgments based on a subsequently decided constitutional challenge to the replevin statute, nor could it seek protection of a prior federal judgment that did not address the validity of state claims.
• State OF Me. v. FRI
  486 F.2d 713· 1st Cir.· 1973-11-02 ·cited 6×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring the EPA Administrator to allot funds to Maine, as the order was procedurally sound and preserved the possibility of effective final relief.
• Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright
  282 So. 2d 193· Fla. 1st DCA· 1973-09-13 ·cited 6×·via Temporary Injunction
  The court amended its prior order on mandate to grant a writ of prohibition, restraining the lower court from further jurisdiction except to dissolve the injunction and consider damages.
• Silvers v. TTC Indus., Inc.
  484 F.2d 194· 6th Cir.· 1973-09-10 ·cited 6×
  The court held that the plaintiffs were not entitled to rescission of the reorganization plan due to their knowledge of the misrepresented facts and lack of diligence, but remanded for further determination of damages related to the wrongful injunction.
• Potter v. Houston Gulf Coast Bldg. Trades Council, AFL-CIO
  482 F.2d 837· 5th Cir.· 1973-08-10 ·cited 6×·via Overbroad Injunction
  The court held that the district court's injunction was overbroad by prohibiting peaceful primary picketing, which is a protected activity under the NLRA, and modified the injunction accordingly.
• Local NO. 6 v. Boyd G. Heminger, Inc.
  483 F.2d 129· 6th Cir.· 1973-08-09 ·cited 6×·via Preliminary Injunction
  The court held that the district court erred in refusing to compel arbitration by improperly assessing the merits of the unions' claims.
• Firemen's Ins. Co. of Wash. v. Washington
  483 F.2d 1323· D.C. Cir.· 1973-07-31 ·cited 6×
  The court held that while the District Council has the police power to regulate insurance, Regulation 71-8 prohibiting geographic discrimination is preempted by the District of Columbia Insurance Placement Act as to basic property insurance.
• Sec. & Exch. Comm'n v. Datronics Eng'rs, Inc.
  490 F.2d 250· 4th Cir.· 1973-07-27 ·cited 6×·via Preliminary Injunction
  The court rescinded its prior order requiring a preliminary injunction and remanded the case for the district court to determine if an injunction should be issued.
• State OF Me. v. FRI
  483 F.2d 439· 1st Cir.· 1973-07-17 ·cited 6×·via Preliminary Injunction
  The court held that it lacked appellate jurisdiction to review a temporary restraining order that had not yet exceeded its statutory ten-day limit, even if extended by an additional ten days.
• Colo. Labor Council, AFL-CIO v. Am. Fed'n OF Labor & Cong. OF Indus. Orgs.
  481 F.2d 396· 10th Cir.· 1973-06-20 ·cited 6×·via Preliminary Injunction
  The court held that the district court lacked subject matter jurisdiction because the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) Title III, concerning trusteeships, does not apply to state or local central bodies, which are explicitly excluded from the definiti
• Int'l Union OF Operating Eng'rs v. Arthurs
  480 F.2d 603· 10th Cir.· 1973-05-30 ·cited 6×
  The court held that the Bureau's motion to vacate the judgment based on mootness was denied, and the trial court's injunction was affirmed.
• Gibson v. Jeffers
  478 F.2d 216· 10th Cir.· 1973-05-03 ·cited 6×
  The court held that the plaintiff failed to sufficiently allege facts to establish the jurisdictional amount required for federal court jurisdiction, even after multiple amendments.
• Delbert Hawkins v. Coleman
  475 F.2d 1278· 5th Cir.· 1973-04-02 ·cited 6×·via Preliminary Injunction
  The court held that the district court should proceed with the case as a live controversy may not be before the appellate court.
• United States v. Dianovin Pharms., Inc.
  475 F.2d 100· 1st Cir.· 1973-03-16 ·cited 6×·via Permanent Injunction
  The court held that the district court had jurisdiction to reinstate a permanent injunction against a drug manufacturer for violating good manufacturing practices and misbranding, even if the specific drug did not enter interstate commerce after manufacture, because the raw mater
• Rhoads v. Virginia-Florida Corp.
  476 F.2d 82· 5th Cir.· 1973-03-08 ·cited 6×
  The court held that unverified survey drawings cannot be admitted as direct evidence to establish factual findings, requiring reversal of the trial court's judgment.
• Morry Wingold v. Horowitz
  274 So. 2d 591· Fla. 3d DCA· 1973-03-06 ·cited 6×·via Temporary Injunction
  In this contract dispute involving a Bahamas real estate development financing arrangement, the trial court cancelled a mortgage and promissory note, appointed a receiver, and restructured the parties' ownership interests in the underlying corporation. The appellate court affirme
• Cuyahoga Metro. Hous. Auth. v. Harmody
  474 F.2d 1102· 6th Cir.· 1973-02-14 ·cited 6×
  A city cannot unilaterally abrogate a cooperation agreement with a housing authority, authorized by ordinance, to develop low-income housing, as such action impairs the obligation of contract and interferes with federal and state housing policies.
• White v. Comm'r OF Ala. Bd. OF Corr. & Warden
  470 F.2d 55· 5th Cir.· 1972-11-30 ·cited 6×
  The court held that the district court erred in dismissing the complaint without considering a prior court order addressing similar conditions.
• Penn Galvanizing Co. v. Lukens Steel Co.
  468 F.2d 1021· 3d Cir.· 1972-10-24 ·cited 6×·via Preliminary Injunction
  The court held that the district court did not err in denying a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits regarding the interpretation of Navy specifications and antitrust claims.
• Emmeline Lewis v. Spencer
  468 F.2d 553· 5th Cir.· 1972-08-21 ·cited 6×
  The court held that while the college's policy against spouses teaching in the same department was generally valid, the application of this policy to the teacher might constitute retaliation for exercising her First Amendment rights, requiring further review.
• United States v. Wood
  466 F.2d 1385· 9th Cir.· 1972-08-21 ·cited 6×
  The court held that while the Government's failure to join indispensable parties prevents it from quieting title to an easement, it is still entitled to affirmative relief, including injunction and damages, to protect its possessory rights over the road. The court also found that
• K-2 SKI Co. v. Head SKI Co., Inc.
  467 F.2d 1087· 9th Cir.· 1972-07-24 ·cited 6×·via Preliminary Injunction
  The court held that a preliminary injunction was improvidently granted because the moving party failed to establish a sufficiently reliable factual basis for the probability of success on the merits, especially when allegations were substantially controverted.
• The Hanna Mining Co. v. United Steelworkers OF Am.
  464 F.2d 565· 8th Cir.· 1972-07-21 ·cited 6×·via Temporary Injunction
  The court held that while employees violated the collective bargaining agreement by striking, their actions were provoked by the company's safety violations and failures to negotiate, thus warranting a modified equitable remedy rather than outright denial of relief.
• Tapco Prods. Co. v. VAN Mark Prods. Corp. & Eugene Van Cleave
  466 F.2d 109· 6th Cir.· 1972-06-22 ·cited 6×
  The District Court lacked jurisdiction to modify this Court's mandate or conduct proceedings after appeal, and its order conflicting with the mandate is vacated.
• United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc.
  262 So. 2d 215· Fla. 1st DCA· 1972-05-18 ·cited 6×·via Temporary Injunction
  A party aggrieved by a temporary injunction may appeal the legal sufficiency of the pleadings and affidavits supporting it as a matter of right under Florida Appellate Rule 4.2, without awaiting the trial court's decision on a motion to dissolve. When appealing the sufficiency of
• Bomann Golf, Inc. v. Cosmos Indus., Inc.
  459 F.2d 1090· 5th Cir.· 1972-05-12 ·cited 6×·via Preliminary Injunction
  The court held that the district court's interpretation of Florida's substituted service statute was reasonable and that the defendants waived any defect in service of process by failing to raise it below.
• Coal. FOR Safe Nuclear Power & Living in a Finer Env't v. United States Atomic Energy Comm'n & the United States Of Am.
  463 F.2d 954· D.C. Cir.· 1972-04-07 ·cited 6×·via Interlocutory Injunction
  The court held that the A.E.C. must consider the irretrievable commitment of resources in its decision to suspend construction pending a full N.E.P.A. review. The court also remanded the record to the agency with instructions for a timely decision.
• ART Theatre Enters., Inc. v. State of Fla. ex rel. Richard E. Gerstein
  260 So. 2d 267· Fla. 3d DCA· 1972-04-04 ·cited 6×
  Art Theatre Enterprises and its owners appealed a judgment enjoining them from showing obscene films and declaring their theater operations a public nuisance. The court affirmed the finding that the films were hard-core pornography but reversed the injunction as overbroad in both
• Daniel v. Dep't OF Transp.
  259 So. 2d 771· Fla. 1st DCA· 1972-04-04 ·cited 6×
  Daniel challenged an injunction order dismissing his complaint against the Department of Transportation regarding tandem trailer staging areas on the Sunshine State Parkway. The court reversed the dismissal, holding that neither res judicata nor estoppel by judgment applied becau
• Mail Advertising Corp. OF Am., Inc. v. United States Postal Serv.
  459 F.2d 1182· D.C. Cir.· 1972-03-10 ·cited 6×
  The court held that the claims presented do not necessitate the convocation of a three-judge district court because they do not present a substantial constitutional question.
• Lalor v. Dade Cnty.
  258 So. 2d 843· Fla. 3d DCA· 1972-03-08 ·cited 6×
  Taxpayers and qualified electors of Dade County challenged a recall election for County Commissioner Ben Shepard, arguing that the petition signatures were insufficient and that holding the election would waste tax money. The trial court denied injunctive relief, and the appellat
• Little Beaver Theatre, Inc. v. State of Fla. ex rel. Richard E. Gerstein
  259 So. 2d 217· Fla. 3d DCA· 1972-02-29 ·cited 6×·via Temporary Injunction
  The court held that the defendants failed to demonstrate reversible error in the contempt order, affirming the trial court's decision.
• Devcon Corp. v. Woodhill Chem. Sales Corp.
  455 F.2d 830· 1st Cir.· 1972-01-20 ·cited 6×·via Preliminary Injunction
  The court held that the plaintiff's trademark '5 MINUTE' for epoxy glue was likely descriptive and vacated the preliminary injunction.
• Marchese v. Angus D. McEACHEN
  451 F.2d 555· 9th Cir.· 1971-11-29 ·cited 6×
  A prisoner convicted of a narcotics violation, released early due to good behavior, is subject to post-release supervision, even if parole is otherwise prohibited for such offenders.
• In re Schokbeton Indus. v. Schokbeton Prods. Corp.
  449 F.2d 321· 5th Cir.· 1971-09-27 ·cited 6×·via Injunction Pending Appeal
  The bankruptcy court has the inherent equitable power and statutory authority to issue injunctions to preserve its jurisdiction and enforce the Bankruptcy Act, including enjoining a licensor from terminating an executory contract with a debtor-in-possession.
• United States v. Christie Indus., Inc.
  465 F.2d 1000· 3d Cir.· 1971-09-22 ·cited 6×·via Preliminary Injunction
  The court held that there was insufficient evidence to prove that the defendants violated the preliminary injunction by mailing fireworks kits to minors.
• Clark v. Realty Inv. Ctr., Inc.
  252 So. 2d 589· Fla. 3d DCA· 1971-09-21 ·cited 6×
  Real estate brokers sued individual stockholders, including two non-residents, for an unpaid commission on a failed stock sale. The trial court denied the non-residents' motion to quash service, but the appellate court reversed, holding that service by publication was improper be
• Hoffmaster v. Veterans Admin.
  444 F.2d 192· 3d Cir.· 1971-06-21 ·cited 6×·via Suit For Injunction
  The court held that the statute limiting attorney fees for veteran claims and barring judicial review of VA decisions were constitutional and applicable, requiring dismissal of the suit.
• Lake Worth Towers, Inc. v. Gratton Gerstung
  251 So. 2d 27· Fla. 4th DCA· 1971-06-07 ·cited 6×
  Lake Worth Towers, Inc. sought to overturn a 1968 property tax assessment for a home for the aged, claiming it should have been either fully exempt or assessed as unimproved property. The Florida appellate court affirmed the dismissal, holding that the property did not qualify fo
• Gen. Elec. Co. v. Local Union 191
  443 F.2d 608· 5th Cir.· 1971-05-18 ·cited 6×·via Boys Markets Injunction
  The court held that the case is moot because the strike activity has ceased, the wage dispute is resolved, and the contract under which the strike was allegedly a breach is no longer in effect.
• THE Florida BAR v. Heller
  247 So. 2d 434· Fla.· 1971-05-05 ·cited 6×
  The court held that the respondent was engaged in the unauthorized practice of law and adopted the referee's recommendation to enjoin his activities.
• Cristol v. The City OF Miami Beach
  246 So. 2d 595· Fla. 3d DCA· 1971-04-08 ·cited 6×
  The court held that the proposed conveyance of public land for an urban housing development was legal and for a public purpose, and that no genuine issues of material fact precluded summary judgment.
• Brooks v. City OF W. Miami
  246 So. 2d 115· Fla. 3d DCA· 1971-03-09 ·cited 6×
  Preston Brooks and his corporation appealed a judgment denying their request for a peremptory writ of mandamus against the City of West Miami. The court affirmed the denial of the mandamus writ and upheld the trial court's dismissal of the city's counterclaim, holding that counte
• Shahidah Graham v. Minter
  437 F.2d 427· 1st Cir.· 1971-03-03 ·cited 6×·via Interlocutory Injunction
  The denial of a temporary restraining order by a single judge in a case requiring a three-judge court is not immediately appealable.
• Town OF Belleair v. Moran
  244 So. 2d 532· Fla. 2d DCA· 1971-02-19 ·cited 6×
  Residents challenged rezoning ordinances enacted by the Town of Belleair, alleging they were improperly enacted at the instance of United States Steel Corporation and violated zoning criteria requiring consideration of public health, safety, and welfare. The court affirmed the de
• Hendrik W. Vietor v. Sill
  243 So. 2d 198· Fla. 4th DCA· 1971-01-27 ·cited 6×
  Vietor appeals the dismissal of his complaint seeking specific performance to force Sill to sell him her apartment under a preemptive rights agreement. The court reverses, holding that the preemptive rights clause was triggered by notice of Sill's intention to sell and her stated
• Conyers v. Glenn
  243 So. 2d 204· Fla. 2d DCA· 1971-01-20 ·cited 6×
  A high school student suspended for violating a hair length regulation challenged the suspension, claiming a violation of his constitutional rights. The court held that students have due process rights under the Fourteenth Amendment and that school boards cannot impose appearance
• Jimmie's Inc. & Jimmie's Realty Corp. of W. Haven v. The City OF W. Haven & the W. Haven Redev. Agency
  436 F.2d 1339· 2d Cir.· 1971-01-18 ·cited 6×·via Preliminary Injunction
  The court held that the alleged interference with the plaintiffs' property did not rise to the level of an unconstitutional taking, and thus the federal court lacked jurisdiction over the damages claim.
• Standard Food Prods. Corp. v. Mortimer Brandenburg and Norman J. Joseph
  436 F.2d 964· 2d Cir.· 1970-12-30 ·cited 6×·via Boys Markets Injunction
  A federal court cannot enjoin a union strike if the collective bargaining agreement expressly allows the union to strike over specific employer violations and the union presents a colorable claim of such violations.
• Broward Williams v. Hartford Accident & Indem. Co.
  245 So. 2d 64· Fla.· 1970-12-18 ·cited 6×
  The Florida Supreme Court upheld Chapter 70-989, a 120-day moratorium on automobile insurance rate increases enacted in 1970, rejecting constitutional challenges on titling, due process, and equal protection grounds. The Court held that the statute's operation was uniform and non