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

• United States v. Ideal Farms, Inc.
  262 F.2d 334· 3d Cir.· 1958-12-23 ·cited 6×
  A party must exhaust administrative remedies before challenging the validity of a Milk Marketing Order in court.
• Smith v. Flinn
  261 F.2d 781· 8th Cir.· 1958-12-05 ·cited 6×·via Action For Injunction
  The court held that the IRS's sale of seized property without complying with statutory exceptions, particularly 26 U.S.C.A. § 6863(b)(3), constituted extraordinary circumstances justifying injunctive relief despite the general prohibition against suits to restrain tax collection.
• Am. Ice Co. v. Royal Petroleum Corp.
  261 F.2d 365· 3d Cir.· 1958-11-20 ·cited 6×·via Preliminary Injunction
  The court held that the preliminary injunction was largely appropriate to maintain the status quo, but its scope needed modification to exclude former customers and those obtained through competitive bidding.
• Frank v. Anthony
  107 So. 2d 136· Fla. 2d DCA· 1958-10-31 ·cited 6×
  Frank, as sole stockholder and president of St. Francis Corporation, was removed as president by the board of directors and attempted to remove the other directors and assume sole control of the corporation's bank account. The court held that stockholders cannot remove directors
• Val B. Richman and J. Kent Giles v. Beck
  257 F.2d 575· 10th Cir.· 1958-06-18 ·cited 6×·via Mandatory Injunction
  The court held that the Secretary of the Interior was an indispensable party because the relief sought required the Secretary to exercise discretionary power over public lands.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Pac. Cage & Screen Co. v. Cont'l Cage Corp.
  259 F.2d 87· 9th Cir.· 1958-02-28 ·cited 6×·via Preliminary Injunction
  The appeal is dismissed because the record is insufficient to determine the order being appealed and the required bond was not shown to be posted.
• Burnup v. Bagley
  100 So. 2d 622· Fla.· 1958-02-19 ·cited 6×
  Property owners challenged a zoning ordinance that placed their lots in an industrial zone while adjacent property was restricted to residential use. The Florida Supreme Court affirmed the trial court's decree finding the ordinance invalid as applied but allowing the owners to co
• Hardy v. Nw. Fed. Sav. & Loan Ass'n
  254 F.2d 70· D.C. Cir.· 1957-10-17 ·cited 6×
  The court affirmed the lower court's decision, refusing to consider issues already decided by Maryland courts or raised for the first time on appeal.
• Robison v. Helene Marceau Sidebotham
  243 F.2d 16· 9th Cir.· 1957-04-02 ·cited 6×
  The Superior Court's 'Decree Establishing Heirship' is res judicata and bars relitigation of the appellee's claim to the decedent's estate.
• City OF Hollywood v. Bair
  93 So. 2d 60· Fla.· 1957-02-13 ·cited 6×
  The Florida Supreme Court reversed an injunction against a Hollywood ordinance that allowed septic tank contractors to make connections to a new municipal sewer system during the first year of operation. The Court held that the City could validly permit septic tank contractors to
• Wilhelm Reich v. United States
  239 F.2d 134· 1st Cir.· 1956-12-11 ·cited 6×
  A party subject to an injunction must obey it, and cannot use alleged fraud in its procurement as a defense to contempt charges.
• McLEOD v. Buell Carr
  90 So. 2d 112· Fla.· 1956-10-24 ·cited 6×
  McLeod sought to enjoin the City of Panama City's vacation of two streets (Nelson Street and an unnamed street), arguing that the closure violated his property rights by obstructing ingress and egress. The Florida Supreme Court affirmed the lower court's summary judgment dismissi
• Volusia Jai-Alai, Inc. v. McKAY
  90 So. 2d 334· Fla.· 1956-10-10 ·cited 6×
  Florida Supreme Court addresses the validity of a permit issued by the Racing Commission to operate a jai-alai fronton in Volusia County and the lawful operating dates. The court upholds the permit's validity but limits summer operation to 90 days rather than the 100 days authori
• C. G. Ball (Margaret Eliza Ball v. Victor Adding Mach. Co.
  236 F.2d 170· 5th Cir.· 1956-08-10 ·cited 6×·via Mandatory Injunction
  The court held that the employer is the real party in interest and that the trustee and retirement committee are not indispensable parties, allowing the case to proceed with the parties already before the court.
• The Vill. OF Va. Gardens v. Haven Water Co., Inc.
  91 So. 2d 181· Fla.· 1956-06-27 ·cited 6×
  A water company challenged village ordinances that reduced its water rates by 20%, claiming the rates were confiscatory and violated constitutional due process protections. The Florida Supreme Court affirmed the trial court's declaration that the ordinances were unconstitutional,
• Feener Bus. Schs., Inc. v. Sch. OF Speedwriting, Inc.
  234 F.2d 1· 1st Cir.· 1956-06-15 ·cited 6×·via Modification Of Injunction
  The court affirmed the contempt order and the modified final decree, finding that the appellants failed to provide sufficient evidence in their appendix to challenge the lower court's findings.
• Bernstein v. Lieutenant General Thomas W. Herren
  234 F.2d 434· 2d Cir.· 1956-06-01 ·cited 6×
  The court held that the action was prematurely brought and lacked jurisdiction due to the absence of necessary parties.
• Koch v. Wick
  87 So. 2d 47· Fla.· 1956-04-25 ·cited 6×
  The Florida Supreme Court reversed the dismissal of a landowner's complaint challenging a county board's extraction of percolating groundwater from adjacent property for public distribution. The court held that while landowners have rights to percolating water under their land, t
• Sears v. The Bishop & Babcock Mfg. Co.
  232 F.2d 116· 6th Cir.· 1956-04-19 ·cited 6×
  The court affirmed the district court's judgment, holding that the Mayo patent was valid and infringed by two of the defendant's devices, but not by a third device.
• Guerin v. Guerin
  239 F.2d 909· 9th Cir.· 1956-03-28 ·cited 6×·via Preliminary Injunction
  The court held that the orders allowing disbursement of interpleaded funds and denying rescission were interlocutory and not appealable under 28 U.S.C.A. § 1292, and thus dismissed the appeals.
• Ennis M. Nichols v. Alker
  231 F.2d 68· 2d Cir.· 1956-02-14 ·cited 6×
  The court held that a tort action for damages is not barred by a prior judgment if the alleged wrongful conduct causing that judgment was fraudulent and did not diminish the assets of the reorganized company or penalize other plan participants.
• Shwab v. Doelz
  229 F.2d 749· 7th Cir.· 1956-02-09 ·cited 6×·via Injunction Bond
  The denial of a motion to amend findings of fact and conclusions of law is not an appealable order, and the denial of leave to file a supplemental counterclaim for malicious prosecution was not an abuse of discretion.
• Fed. Power Comm'n v. Union Producing Co.
  230 F.2d 36· D.C. Cir.· 1956-01-30 ·cited 6×
  The court held that the plaintiff company had not exhausted its administrative remedies and therefore the district court lacked jurisdiction over the subject matter.
• Trans World Airlines, Inc. v. City & Cnty. OF SAN Francisco
  228 F.2d 473· 9th Cir.· 1955-12-19 ·cited 6×
  A municipality, having express statutory authority to enter into a contract for airport facilities, is bound by the rates fixed in that contract, and cannot unilaterally supersede them with later regulatory action.
• Whitmore v. Stilwell
  227 F.2d 187· 5th Cir.· 1955-11-23 ·cited 6×·via Suit For Injunction
  The court held that the lower court erred in dismissing the suit, finding that plaintiffs are entitled to have their admission eligibility determined without racial discrimination and that the college's refusal to admit them based on race is unlawful.
• The Detroit Hous. Comm'n v. Lewis
  226 F.2d 180· 6th Cir.· 1955-10-05 ·cited 6×·via Permanent Injunction
  The court held that the Detroit Housing Commission's policy of racial segregation in public housing violated the Constitution and federal law, affirming the district court's injunction but remanding for further proceedings regarding the speed of integration.
• Weiner v. Kelly
  82 So. 2d 155· Fla.· 1955-07-27 ·cited 6×
  Three defendants convicted of federal wagering violations sought equity relief to enjoin state officers from testifying or producing evidence obtained from a search warrant that had been quashed in state court. The Florida Supreme Court affirmed dismissal of the complaint, holdin
• Welcome Wagon, Inc. v. Morris
  224 F.2d 693· 4th Cir.· 1955-07-26 ·cited 6×·via Action For Injunction
  The appellate court held that the restrictive covenant was void and unenforceable because it was unreasonable in duration and geographic scope, and thus affirmed the district court's denial of injunctive relief.
• Applebaum v. Appel
  82 So. 2d 738· Fla.· 1955-07-22 ·cited 6×·via Suit For Injunction
• Square D Co. v. Bliss Sorenson
  224 F.2d 61· 7th Cir.· 1955-06-23 ·cited 6×
  The court held that the defendant's use of a mark similar to the plaintiff's registered trademark infringed upon the plaintiff's rights, warranting an injunction, but that the evidence did not support a finding of willful infringement, thus denying an accounting for damages.
• Valley View Vill., Inc. v. Proffett
  221 F.2d 412· 6th Cir.· 1955-04-23 ·cited 6×·via Action For Injunction
  A municipality may validly adopt a zoning ordinance that places its entire area into a single use district, provided it is not arbitrary or unreasonable in its application.
• Updegraff v. Talbott
  221 F.2d 342· 4th Cir.· 1955-04-12 ·cited 6×·via Mandatory Injunction
  The court held that the district court properly dismissed the action for lack of jurisdiction, as it sought to control executive officers and was a suit against the government to which it had not consented.
• Charnofree Corp. v. City OF Miami Beach
  76 So. 2d 665· Fla.· 1954-12-14 ·cited 6×
  The Florida Supreme Court reversed a lower court decision upholding a city ordinance that restricted hotel stores on property previously subject to a favorable judicial decree. The court held that restricting the Fontainebleau Hotel from operating certain retail shops while permi
• Art Lewis v. Kelly
  75 So. 2d 761· Fla.· 1954-09-24 ·cited 6×·via Injunctive Order
  Art Lewis seeks to quash an injunctive order issued without bond by a circuit court judge who had not previously participated in the underlying equity case. The Florida Supreme Court holds that while the judge had authority to issue the injunction, he erred in failing to require
• Bradley v. United States
  214 F.2d 5· 5th Cir.· 1954-06-28 ·cited 6×·via Mandatory Injunction
  The court held that equity should treat housing priorities as granted when a federal official approved amended valuations and advised the builder that a new application was unnecessary.
• State of Cal. v. United States Dist. Court in & for S. Dist. of Cal.
  213 F.2d 818· 9th Cir.· 1954-06-03 ·cited 6×·via Suit For Injunction
  The court held that the circumstances did not warrant the issuance of extraordinary writs (prohibition or mandamus) to annul the district court's order joining the United States as a party or to dismiss actions against other petitioners.
• Hudspeth Cnty. Conservation & Reclamation Dist. NO. 1 v. Robbins
  213 F.2d 425· 5th Cir.· 1954-05-27 ·cited 6×
  The court held that it lacked jurisdiction to grant injunctive relief against federal officers acting within their statutory authority, even if their actions might be tortious, because such actions are considered those of the sovereign United States, which has not consented to be
• Spector v. Landon
  209 F.2d 481· 9th Cir.· 1954-01-08 ·cited 6×
  A deportation warrant does not become invalid or unenforceable due to unexcused lapse of time or laches by immigration authorities.
• Smith v. Dravo Corp.
  208 F.2d 388· 7th Cir.· 1953-12-01 ·cited 6×
  The court held that the lower court erred in limiting the injunction based on published features, as the defendant breached confidence by using all disclosed information, and that the appellate court could enter findings in equity cases with a complete record.
• Perko v. United States
  204 F.2d 446· 8th Cir.· 1953-05-25 ·cited 6×
  The President has the authority under the Air Commerce Act to create airspace reservations for governmental purposes, and Executive Order No. 10092 is a valid and enforceable order.
• United States v. Ingram
  203 F.2d 91· 8th Cir.· 1953-03-17 ·cited 6×
  The court held that dismantling the roadway portions of the Harahan Bridge constituted a deviation from the approved plans, requiring submission to and approval by the Chief of Engineers and Secretary of War, and that the Federal Highway Act does not grant a right of injunctive e
• United States v. Shapiro, Inc.
  202 F.2d 459· D.C. Cir.· 1953-02-19 ·cited 6×
  The court held that the landowner's deflection of surface water onto neighboring property, resulting from ordinary use of the land, does not create a cause of action for damages.
• Thomas v. United States
  200 F.2d 686· 1st Cir.· 1952-12-19 ·cited 6×
  The court held that a settlement agreement and subsequent judgment entered pursuant to it, obtained by a landlord from a tenant under duress and contrary to public policy, was a legal nullity and did not bar the United States from seeking restitution and statutory damages for ren
• LEE v. Roseberry
  200 F.2d 155· 6th Cir.· 1952-12-02 ·cited 6×
  The court affirmed the district court's decision, holding that the appeal from the three-judge court was improperly before the court of appeals.
• Angilly v. United States
  199 F.2d 642· 2d Cir.· 1952-11-07 ·cited 6×·via Mandatory Injunction
  The court held that the plaintiff's claims were properly dismissed as the statutory procedures were followed and the district court lacked jurisdiction for salary recovery and reinstatement.
• Atl. Coast Line R. Co. v. Mack
  64 So. 2d 304· Fla.· 1952-10-18 ·cited 6×·via Writ Of Injunction
• Chicago v. Chicago & E. I. R. Co.
  198 F.2d 8· 7th Cir.· 1952-07-09 ·cited 6×
  The court held that the proposed trackage, built to serve a single industrial plant and an existing mine, constituted a "spur" or "industrial" track, not an extension requiring a certificate of public convenience and necessity from the Interstate Commerce Commission.
• Stoner v. Bellows
  196 F.2d 918· 3d Cir.· 1952-05-21 ·cited 6×
  The court held that the injunction against plaintiffs' wholesale business was improper, but affirmed the trial court's other rulings in the contract action and the dismissal of the tort action.
• Scott v. Gearner
  197 F.2d 93· 5th Cir.· 1952-05-16 ·cited 6×
  The court held that the appeal was timely filed and that the trial court erred in absolutely denying foreclosure against the defendant Marvin Lunsford's interest in the property.