Injunction

5,622 Florida cases classified under this topic, plus 6,142 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Graves v. Kemsco Grp., Inc.
  864 F.2d 754· Fed. Cir.· 1988-12-28 ·cited 2×
  The court held that damages in a civil contempt proceeding can be based on credible testimonial evidence, even if uncorroborated by documentary evidence, and do not require proof by clear and convincing evidence.
• Dep't of Health & Rehabilitative Servs. v. G & J Invs. Corp., Inc.
  541 So. 2d 1197· Fla. 3d DCA· 1988-11-15 ·cited 2×
  G & J Investments Corporation owned nursing home buildings and agreed to an August 1980 court order placing them under HRS control during a licensing crisis. When HRS later closed the facilities, G & J sued for damages based on wrongful injunction, but the appellate court held th
• Scottish AIR Int'l, Inc. v. British Caledonian Grp., PLC
  860 F.2d 57· 2d Cir.· 1988-10-31 ·cited 2×·via Request For Injunction
  The court held that the district court erred by dismissing the entire action on forum non conveniens grounds without considering the plaintiffs' claims for damages and contempt.
• Fadel Elbadramany v. Oceans Four Condo. Ass'n, Inc.
  532 So. 2d 64· Fla. 5th DCA· 1988-10-13 ·cited 2×
  Fadel Elbadramany appeals a mandatory injunction entered against him by the trial court. The appellate court reverses, holding that the trial court lacked jurisdiction to grant the injunction because it was never properly requested or adjudicated in the original case, and grantin
• Jacksonville Clergy Consultation Serv., Inc. v. Martinez
  696 F. Supp. 1445· M.D. Fla.· 1988-10-06 ·cited 2×·via Preliminary Injunction
  The court held that Florida Statute § 390.001(4) as amended is constitutionally insufficient because its judicial bypass procedure lacks specificity regarding anonymity, confidentiality, and expedition, failing to meet constitutional standards.
• A.J. Canfield Co. v. Vess Beverages, Inc.
  859 F.2d 36· 7th Cir.· 1988-10-03 ·cited 2×·via Preliminary Injunction
  The court held that collateral estoppel applies, preventing Canfield from relitigating the genericness of 'chocolate fudge' for diet soda, as prior decisions in other circuits conclusively determined the term to be generic.
• White Mountain Apache Tribe v. Smith Plumbing Co., Inc.
  856 F.2d 1301· 9th Cir.· 1988-09-02 ·cited 2×·via Action For Injunction
  The Ninth Circuit held that the district court erred in granting a preliminary injunction against a state court proceeding, as the state court had jurisdiction over the surety and the injunction improperly anticipated future disputes and infringed on federal policy.
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  853 F.2d 347· 5th Cir.· 1988-08-25 ·cited 2×
  The court held that the union had standing to challenge the district court's order and that the order was injunctive in nature, not a consent decree. The court reversed the denial of the union's motion to vacate and remanded for a hearing.
• Chisom v. Buddy Roemer
  850 F.2d 1051· 5th Cir.· 1988-07-26 ·cited 2×·via Preliminary Injunction
  The panel majority erred in partially lifting the district court's stay, allowing the candidate qualification period to proceed despite evidence of minority vote dilution.
• Clark Mershon v. Kyser
  852 F.2d 335· 8th Cir.· 1988-07-21 ·cited 2×·via Preliminary Injunction
  The court held that the allegations of bad-faith prosecution were insufficient to overcome the Younger abstention doctrine.
• Lewellen v. Raff
  851 F.2d 1108· 8th Cir.· 1988-07-14 ·cited 2×·via Permanent Injunction
  The court held that its prior affirmance of a preliminary injunction against a state criminal trial was proper, even without a definitive finding on the likelihood of conviction, because a finding of retaliatory prosecution was sufficient for preliminary relief.
• Atlanta Ctr. Ltd. v. Hilton Hotels Corp.
  848 F.2d 146· 11th Cir.· 1988-06-23 ·cited 2×·via Action For Injunction
  The court held that the restrictive covenant's exception for the airport hotel applied to the site, not the specific structure, allowing Hilton to rebuild.
• Perales v. Meese
  847 F.2d 55· 2d Cir.· 1988-05-19 ·cited 2×·via Preliminary Injunction
  The court affirmed the district court's denial of a preliminary injunction, finding the appellants' arguments unpersuasive.
• Simpson v. Simpson
  524 So. 2d 1124· Fla. 5th DCA· 1988-05-12 ·cited 2×·via Temporary Injunction
  The court held that the ex-wife's Count III was insufficient to state a cause of action for injunctive relief and that the trial court erred in granting such relief without proper notice, hearing, or bond.
• Habetz v. La. High Sch. Athletic Ass'n & Dr. Thomas G. Clausen
  842 F.2d 136· 5th Cir.· 1988-04-15 ·cited 2×·via Preliminary Injunction
  The court held that the case was moot because the LHSAA voluntarily amended its by-laws to allow female participation in sports lacking a girls' equivalent, rendering the original controversy moot.
• ELI Lilly & Co. v. Premo Pharm. Labs., Inc.
  843 F.2d 1378· Fed. Cir.· 1988-04-07 ·cited 2×
  The court held that Vitarine, having acquired only a New Drug Application (NDA) without notice of a prior injunction and without assuming significant liabilities, was not a successor in interest to the enjoined party and therefore could not be held in contempt.
• Concerned Citizens OF Bridesburg: Coppola v. Philadelphia Water Dep't
  843 F.2d 679· 3d Cir.· 1988-03-31 ·cited 2×
  The court held that the district court had subject matter jurisdiction over the action and did not err in holding the City in civil contempt for violating a prior injunction.
• Collins v. Barry
  841 F.2d 1297· 6th Cir.· 1988-03-21 ·cited 2×
  The court held that the district court erred in finding the Director in civil contempt because the underlying order was invalidated by subsequent statutory changes, and the plaintiffs suffered no harm from the Director's actions.
• Parker Tampa TWO, Inc. v. Somerset Dev. Corp.
  522 So. 2d 502· Fla. 2d DCA· 1988-03-18 ·cited 2×·via Wrongful Injunction
  Parker Tampa Two appealed a final judgment limiting its damages recovery from Somerset Development Corporation to the amount of Somerset's injunction bond ($10,000) for wrongfully obtaining a temporary injunction. The court affirmed, holding that under Florida law, damages for wr
• Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO v. Nw. Airlines, Inc.
  842 F.2d 206· 8th Cir.· 1988-03-18 ·cited 2×·via Preliminary Injunction
• Nat'l Ass'n OF Rehab. Facilities, Inc. v. Bowen
  840 F.2d 931· D.C. Cir.· 1988-03-01 ·cited 2×·via Action For Injunction
  The court held that plaintiffs must exhaust administrative remedies before seeking judicial review, even when raising purely legal questions.
• Neiderhiser v. The Borough OF Berwick
  840 F.2d 213· 3d Cir.· 1988-03-01 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs alleged a viable case or controversy based on both a potential future enforcement of an ordinance and past constitutional deprivations.
• Moretrench Am. Corp. v. S.J. Groves & Sons Co.
  839 F.2d 1284· 7th Cir.· 1988-02-24 ·cited 2×·via Preliminary Injunction
  A stay order in a suit at law, granted to enforce a contractual condition precedent requiring resolution of disputes in another forum, is not immediately appealable under the Enelow-Ettelson doctrine, as it is not based on an equitable claim or defense.
• Ebsco Indus., Inc. v. Lilly
  840 F.2d 333· 6th Cir.· 1988-02-23 ·cited 2×·via Preliminary Injunction
  A preliminary injunction may be granted to preserve assets if the legal remedy of attachment under Rule 64 is demonstrably inadequate, even if attachment is generally available.
• People's Tel. Co. v. Sunshine Payphones, Inc.
  519 So. 2d 690· Fla. 4th DCA· 1988-02-03 ·cited 2×·via Temporary Injunction
  People's Telephone Company appealed an order granting a temporary injunction requiring return of four telephones and twenty-eight keys to Sunshine Payphones without posting the bond required by Florida's replevin statute. The court reversed the injunction as to the telephones but
• Dep't of Hwy. Safety & Motor Vehicles v. Heredia
  520 So. 2d 61· Fla. 3d DCA· 1988-02-02 ·cited 2×
  The Department of Highway Safety and Motor Vehicles appealed a temporary injunction preventing it from imposing a one-year driver's license suspension on Stella L. Heredia. The appeal was dismissed as moot because the Department rescinded the suspension after the trial court's or
• Anderson v. Douglas & Lomason Co.
  835 F.2d 128· 5th Cir.· 1988-01-08 ·cited 2×·via Preliminary Injunction
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, and the extraordinary relief was not warranted under the circumstances.
• Cordis Corp. v. Medtronic, Inc.
  835 F.2d 859· Fed. Cir.· 1987-12-15 ·cited 2×·via Preliminary Injunction
  The Federal Circuit affirmed the district court's preliminary injunction, finding that Cordis had a reasonable apprehension of patent infringement suit and that the injunction was necessary to preserve the status quo pending litigation.
• Chalk v. United States Dist. Court Cent. Dist. OF Cal.
  832 F.2d 1158· 9th Cir.· 1987-11-18 ·cited 2×·via Preliminary Injunction
• Accion Soc. de Puerto RICO, Inc. v. Norberto Viera Perez
  831 F.2d 365· 1st Cir.· 1987-10-20 ·cited 2×·via Permanent Injunction
  The court held that the district court erred by deciding the issue of whether ASPRI was a community action agency before the administrative remedies provided under the Act were exhausted. The court vacated the district court's orders for violating the doctrine of exhaustion of ad
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×·via Action For Injunction
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• Lakeside Manor Condo. Ass'n, Inc. v. Peggy-Gail Forehand
  513 So. 2d 1104· Fla. 5th DCA· 1987-10-15 ·cited 2×
  The court held that a condominium association's right of first refusal on unit leases is a restraint on alienation, not a restrictive covenant, and thus cannot be enforced by injunction without a showing of irreparable injury.
• Dawson v. Jones
  512 So. 2d 311· Fla. 2d DCA· 1987-09-11 ·cited 2×
  Appellants who owned and operated an airport challenged a trial court judgment enjoining them from interfering with neighboring property owners' easement rights and awarding $49,021.58 in damages. The Florida appellate court partially reversed, holding that the trial court improp
• Int'l Bhd. of Elec. Workers Sys. Council U-4 v. Fla. Power & Light Co.
  678 F. Supp. 257· S.D. Fla.· 1987-09-04 ·cited 2×·via Preliminary Injunction
  The court held that a preliminary injunction was appropriate to preserve the arbitration process and prevent irreparable harm, outweighing the harm to the employer from a temporary delay in implementing a drug testing program.
• Republic of Haiti v. Crown Charters, Inc.
  667 F. Supp. 839· S.D. Fla.· 1987-08-13 ·cited 2×
  The court held that material issues of fact precluded summary judgment on claims of constructive trust, breach of fiduciary duty, conversion, and money had and received. The court also granted Crown's motion to compel depositions of Stroock lawyers via written questions under spe
• Bancroft Convertible Fund, Inc. v. Zico Inv. Holdings Inc.
  825 F.2d 731· 3d Cir.· 1987-07-29 ·cited 2×·via Preliminary Injunction
  The court held that there is an implied private cause of action for enforcement of section 12(d)(1)(A) of the Investment Company Act of 1940, and that the district court did not err in finding a likelihood that Zico's tender offer would violate the Act.
• Gaston Drugs, Inc. v. Metro. Life Ins. Co.
  823 F.2d 984· 6th Cir.· 1987-07-22 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a strong probability of success on the merits regarding their claims that audits and overpayment demands violated an Ohio statute o
• THE Florida BAR v. Rodriguez
  509 So. 2d 1111· Fla.· 1987-07-16 ·cited 2×
  The Court approved a stipulation and entered a permanent injunction against the respondent for engaging in the unauthorized practice of law.
• Zenith Radio Corp. v. The United States
  823 F.2d 518· Fed. Cir.· 1987-07-02 ·cited 2×·via Preliminary Injunction
  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.
• Fleetwood Enters., Inc. v. United States Dep't OF Hous. & Urban Dev.
  818 F.2d 1188· 5th Cir.· 1987-06-10 ·cited 2×
  The court held that the Secretary of HUD has discretion to choose between a formal or informal administrative proceeding to allow a manufacturer to present its views and evidence, and the regulations do not obligate the Secretary to conduct only an informal proceeding.
• McARTHUR v. Firestone
  817 F.2d 1548· 11th Cir.· 1987-06-02 ·cited 2×·via Preliminary Injunction
  The court held that the district court erred in dismissing the complaint as moot because pending enforcement proceedings mean the case is not moot, and the denial of a temporary restraining order is not a decision on the merits.
• THE Florida BAR v. Dobbs
  508 So. 2d 326· Fla.· 1987-05-28 ·cited 2×
  The Florida Bar sought an injunction against Robert J. Dobbs for unauthorized practice of law in immigration consulting. The Florida Supreme Court approved a stipulated injunction agreement prohibiting Dobbs from representing himself as an attorney or providing legal advice on im
• Barnett v. Caspar Weinberger
  818 F.2d 953· D.C. Cir.· 1987-05-15 ·cited 2×·via Action For Injunction
  The court held that the Department of Defense's regulations defining 'custodial care' were invalid as applied to Rachael Barnett, because her hospitalization was medically necessary to sustain her life and thus fell outside the statutory exclusion.
• Barr v. United States Dep't OF Just.
  819 F.2d 25· 2d Cir.· 1987-05-11 ·cited 2×·via Preliminary Injunction
  The court held that the appellant failed to make a substantial showing that his rights were violated by the asset freeze, and thus the district court did not abuse its discretion in denying the preliminary injunction.
• Rahaim v. City OF Jacksonville
  504 So. 2d 1323· Fla. 1st DCA· 1987-03-18 ·cited 2×
  Thomas Rahaim challenged a temporary injunction issued by Jacksonville enjoining him from obstructing a natural drainageway. The court reversed, holding that the city failed to prove an essential element of its ordinance violation because the notice of obstruction was not given b
• Ne. Women's Ctr., Inc. v. McMONAGLE
  813 F.2d 53· 3d Cir.· 1987-03-11 ·cited 2×·via Preliminary Injunction
  The court held that the district court erred by failing to make specific factual findings required by F.R.Civ.P. 52(a) when denying a preliminary injunction.
• Phelps v. Reagan
  812 F.2d 1293· 10th Cir.· 1987-03-02 ·cited 2×
  The court affirmed the district court's dismissal, holding that the appellant lacked standing and the issue was not justiciable.
• W. Indian Co., Ltd. v. Gov't OF the Virgin Islands
  812 F.2d 134· 3d Cir.· 1987-02-26 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not err in granting a preliminary injunction.
• Hastings-Murtagh v. Tex. Air Corp.
  649 F. Supp. 479· S.D. Fla.· 1986-11-24 ·cited 2×·via Preliminary Injunction
  The court denied the motion for a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or that the threatened injury to plaintiffs outweighed the harm to the defendant.
• Lykes Bros., Inc. v. Clements
  501 So. 2d 1302· Fla. 2d DCA· 1986-11-19 ·cited 2×·via Permanent Injunction
  Lykes Bros. appealed a trial court decision granting an implied easement of necessity to Clements and other landowners across Lykes' property to access public roads. The court affirmed, holding that the easement arose in 1936 when the original tract was conveyed without accessibl