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

• Anthony v. Texaco, Inc.
  803 F.2d 593· 10th Cir.· 1986-10-15 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction to freeze funds under ERISA, as it was a valid exercise of equitable jurisdiction and not subject to strict prejudgment attachment standards.
• City OF Tampa v. Hickey
  502 So. 2d 1254· Fla. 2d DCA· 1986-10-03 ·cited 2×
  The City of Tampa appealed a permanent injunction preventing it from converting tennis courts in the Davis Islands 'Marjorie Park' parcel to a parking garage. The court reversed, holding that a neighboring property owner had no standing to challenge the city's use of the park bec
• The City OF Cooper City v. PCH Corp.
  496 So. 2d 843· Fla. 4th DCA· 1986-09-24 ·cited 2×
  Cooper City sought to increase water and sewer connection fees from $450 to $1,550 per unit despite a Developer's Agreement fixing the rate at $450. The court held that while municipalities may charge new users their fair share of expansion costs through police powers, the city's
• Olivieri v. Ward
  801 F.2d 602· 2d Cir.· 1986-09-16 ·cited 2×
  The court held that while the district court correctly identified the infringement of civil rights, it erred in not adequately protecting the counterdemonstrators' rights and in its specific injunction regarding the number of demonstrators. The appellate court modified the injunc
• In re Dickie Joe Ladner v. Dickie Joe Ladner
  799 F.2d 1023· 5th Cir.· 1986-09-15 ·cited 2×·via Wrongful Injunction
  A party cannot recover damages for a wrongfully issued injunction unless a bond or security was posted by the party seeking the injunction, even if damages were sustained.
• Agee Agric. Equip. Sales v. Trail King Indus.
  800 F.2d 789· 8th Cir.· 1986-09-12 ·cited 2×·via Preliminary Injunction
  The court remanded the case because the district court's findings were inadequate to review all issues, particularly those concerning franchise law and other claims beyond breach of contract notice provisions.
• The Deltona Corp. v. Adamczyk
  492 So. 2d 463· Fla. 5th DCA· 1986-08-07 ·cited 2×
  A Florida appellate court upheld a riparian owner's award of money damages for water-related harm caused by a land developer's drainage and pumping activities on a shared lake, and reversed the denial of injunctive relief by imposing a permanent injunction prohibiting the develop
• Prestwich v. Internal Revenue Serv.
  796 F.2d 582· 1st Cir.· 1986-07-30 ·cited 2×·via Request For Injunction
  The court held that federal courts lack jurisdiction to review the assessment and collection of child support amounts by the IRS under 26 U.S.C. § 6305(b).
• State v. S. Cnty. Jewish Fed'n
  491 So. 2d 1183· Fla. 4th DCA· 1986-07-09 ·cited 2×
  Florida appealed a trial court's dismissal of its injunction action against a charitable organization operating a multi-tenant bingo hall. The court affirmed, holding that the Federation's subleasing arrangement to multiple charities complied with Florida's bingo statutes because
• Bell Labs., Inc. v. Colonial Prods., Inc.
  644 F. Supp. 542· S.D. Fla.· 1986-07-03 ·cited 2×·via Preliminary Injunction
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits for its trademark infringement and anti-dilution claims, thus denying the motion for a preliminary injunction.
• Bunch v. Hodel
  793 F.2d 129· 6th Cir.· 1986-06-17 ·cited 2×·via Preliminary Injunction
  The court held that the drawdown constituted a major federal action requiring an environmental impact statement under NEPA because the 1941 lease granted the U.S. Fish and Wildlife Service exclusive control over the spillway, and the State's action was a substantial change to an
• Nat'l Audubon Soc'y v. Hester
  801 F.2d 405· D.C. Cir.· 1986-06-10 ·cited 2×·via Preliminary Injunction
  The court held that the U.S. Fish & Wildlife Service's decision to capture the remaining wild California condors was a reasoned exercise of discretion, adequately explained, and not arbitrary or capricious.
• The City OF S. Sioux City v. The W. Area Power Admin. OF the United States Dep't OF Energy
  793 F.2d 181· 8th Cir.· 1986-06-05 ·cited 2×
  The court held that while the agency's decision was reviewable, the cities were ineligible for federal hydroelectric power because they were already receiving benefits indirectly, and there was no evidence of discriminatory treatment.
• United States v. Dallas Cnty. Comm'n
  791 F.2d 831· 11th Cir.· 1986-05-23 ·cited 2×·via Injunction Pending Appeal
  The court held that the district court erred in denying a preliminary injunction against School Board elections, as the prior appellate decision did not resolve the Section 2 Voting Rights Act claim.
• Tribal Vill. OF Akutan v. Hodel
  792 F.2d 1376· 9th Cir.· 1986-04-28 ·cited 2×·via Preliminary Injunction
  The court held that the Secretary of the Interior must comply with the notice and hearing procedures of ANILCA section 810(a) when he finds that significant restrictions on subsistence uses are "unlikely," not just when he finds they "would" occur.
• Esther M. Mertz for the Estate of Harold E. Mertz v. Lake Padgett Ests. E. Rd. & Bridge Dist.
  487 So. 2d 329· Fla. 2d DCA· 1986-03-26 ·cited 2×
  Esther Mertz, as representative of her deceased husband's estate, appealed a summary judgment dismissing her challenge to ad valorem taxes levied by the Lake Padgett Estates East Road and Bridge District. The court affirmed, holding that Mertz could not simultaneously claim owner
• Palenzuela v. Dade Cnty.
  486 So. 2d 12· Fla. 3d DCA· 1986-03-11 ·cited 2×
  Palenzuela and Vento sought an injunction to prevent Dade County from enforcing an ordinance requiring licensed sheet metal journeymen to supervise fiberglass duct workers on residential construction projects. The court affirmed the denial of the injunction, holding that the ordi
• Lucinda Turner v. Heckler
  783 F.2d 657· 6th Cir.· 1986-02-14 ·cited 2×·via Preliminary Injunction
  The court held that the district court abused its discretion by issuing a preliminary injunction against the Secretary without considering the Secretary's offer of proof that the alleged procedural deficiency had been rectified.
• Polk v. Montgomery Cnty.
  782 F.2d 1196· 4th Cir.· 1986-02-06 ·cited 2×·via Preliminary Injunction
  The court held that the district court erred in applying the doctrine of offensive collateral estoppel because the prior judgment was not sufficiently final and the issues may not be identical.
• Bennett v. Nanette Jepson
  482 So. 2d 570· Fla. 4th DCA· 1986-02-05 ·cited 2×
• Jorgenson v. Cnty. of Volusia
  625 F. Supp. 1543· M.D. Fla.· 1986-01-17 ·cited 2×·via Permanent Injunction
  The court denied the plaintiffs' request for a temporary restraining order, finding the Volusia County ordinance prohibiting topless dancing in establishments serving alcohol to be constitutional under the Twenty-first Amendment.
• Myron A. Hamilton v. Smith
  808 F.2d 36· 10th Cir.· 1986-01-03 ·cited 2×·via Preliminary Injunction
  The court held that a notice of lis pendens may not be filed in anticipation of a money judgment under Utah law.
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×·via Permanent Injunction
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.
• Jane Does 1 Through 4 v. State OF Utah Dep't OF Health
  776 F.2d 253· 10th Cir.· 1985-10-31 ·cited 2×
  The court held that the trial court did not err in issuing an injunction against the Health Department's imposition of parental consent requirements for Title X services to minors, as this violated Title X and prior HHS regulations.
• Hall v. United States
  773 F.2d 703· 6th Cir.· 1985-09-25 ·cited 2×
  The court held that the appellant was not entitled to attorney fees under 42 U.S.C. § 1988 because her successful injunction claim was not based on the statutes enumerated therein, and the Equal Access to Justice Act (EAJA) did not waive sovereign immunity for attorney fees in Bi
• Marine Transp. Lines, Inc. v. The Int'l Org. OF Masters
  770 F.2d 1526· 11th Cir.· 1985-09-17 ·cited 2×·via Preliminary Injunction
  The court held that the district courts lacked jurisdiction to issue preliminary injunctions because the cases involved labor disputes and the courts failed to make the required findings of unlawful acts under the Norris-LaGuardia Act.
• L.P. Acquisition Co. v. Tyson
  772 F.2d 201· 6th Cir.· 1985-08-26 ·cited 2×·via Preliminary Injunction
• Int'l Food & Bev. Sys. v. City of Fort Lauderdale
  614 F. Supp. 1517· S.D. Fla.· 1985-08-09 ·cited 2×·via Permanent Injunction
  City zoning ordinances restricting the location of establishments permitting nudity and serving alcohol are unconstitutional as applied because they are not narrowly tailored and effectively deny reasonable access to constitutionally protected expression.
• United States v. Martin-Trigona
  767 F.2d 35· 2d Cir.· 1985-07-10 ·cited 2×·via Permanent Injunction
• Frazier v. Pingree
  612 F. Supp. 345· M.D. Fla.· 1985-07-02 ·cited 2×·via Preliminary Injunction
  The court granted plaintiffs' motion for a preliminary injunction and class certification, enjoining the enforcement of regulations requiring the inclusion of Title II beneficiaries in AFDC assistance groups.
• Olivieri v. Ward
  766 F.2d 690· 2d Cir.· 1985-06-28 ·cited 2×·via Preliminary Injunction
  The court held that the Police Department's plan to restrict demonstrations on the sidewalk in front of St. Patrick's Cathedral during the Gay Pride March was a reasonable time, place, and manner restriction justified by public safety concerns.
• Di Silvestro v. United States
  767 F.2d 30· 2d Cir.· 1985-06-28 ·cited 2×
  The court held that the district court properly dismissed the plaintiff's complaint on the grounds of res judicata and that the award of attorney's fees was not an abuse of discretion.
• S.C. Stevedores Ass'n v. Local NO. 1422
  765 F.2d 422· 4th Cir.· 1985-06-19 ·cited 2×·via Boys Markets Injunction
  The court held that the injunction was improperly granted because the dispute was already resolved by an enforced arbitration award under the master contract, meaning no further arbitration obligation existed under local contract provisions.
• United States v. Martin-Trigona
  756 F.2d 260· 2d Cir.· 1985-02-28 ·cited 2×·via Injunction Enforcement
  The Court held that the injunction's 'new action' provision could not be validly applied to punish the appellant for criminal contempt for refiling a suit previously dismissed on venue grounds, as this would raise due process concerns.
• State v. McCORMICK
  464 So. 2d 632· Fla. 5th DCA· 1985-02-28 ·cited 2×·via Preliminary Injunction
  The court held that the trial court erred in its interpretation of DER regulations regarding dredging/filling and solid waste disposal, and that a preliminary injunction should have been granted.
• Infusaid Corp. & Metal Bellows Corp. v. Intermedics Infusaid, Inc.
  756 F.2d 1· 1st Cir.· 1985-02-28 ·cited 2×
  The court affirmed the injunction but remanded for reconsideration of the bond amount, finding the district court needed to provide a clearer basis for its determination.
• Friends OF the HOP Marketing Order v. Block
  753 F.2d 777· 9th Cir.· 1985-02-12 ·cited 2×·via Preliminary Injunction
  The court held that the issues presented were not ripe for judicial review, and therefore affirmed the denial of the preliminary injunction.
• Fla. Literary Distrib. Corp. v. State
  460 So. 2d 1028· Fla. 3d DCA· 1985-01-02 ·cited 2×·via Permanent Injunction
  This case is a concurring opinion that suggests trial courts consider using juries in proceedings seeking injunctions, particularly those involving contemporary community standards.
• City OF Angoon v. Marsh
  749 F.2d 1413· 9th Cir.· 1984-12-27 ·cited 2×·via Preliminary Injunction
  The court held that timber harvesting on private lands conveyed to an Alaska Native Corporation, even if located within the exterior boundaries of a National Forest Monument, is not prohibited by ANILCA section 503(d), which applies only to public lands.
• Metro. Life Ins. Co. v. Austin
  461 So. 2d 252· Fla. 2d DCA· 1984-12-21 ·cited 2×·via Permanent Injunction
  Metropolitan Life Insurance Company appealed a trial court's refusal to enter a permanent injunction regarding air conditioning hours in a commercial lease dispute. The appellate court had previously determined that "usual business hours" required air conditioning from 8:00 a.m.
• Cardiff Acquisitions, Inc. v. Hatch
  751 F.2d 917· 8th Cir.· 1984-12-14 ·cited 2×·via Preliminary Injunction
  The court held that while the district court may not have abused its discretion in denying a preliminary injunction, certain disclosures may be deficient, and the case is remanded for further factual findings and potential injunction.
• J. Perez & CIA., Inc. v. United States
  747 F.2d 813· 1st Cir.· 1984-11-07 ·cited 2×
  The court held that the district court had the power to order forfeiture of a supersedeas bond posted to secure a stay of an agency's suspension order, even when the underlying program terminated before the appeal was resolved.
• Sydney Polly v. Navarro
  457 So. 2d 1140· Fla. 4th DCA· 1984-10-23 ·cited 2×
  Appellants challenged the placement of Republican candidate Nicholas Navarro on the ballot for Broward County Sheriff, arguing he violated a six-month disaffiliation statute by switching from Democrat to Republican within six months of the general election. The court reversed the
• Beattie v. Shelter Props., IV
  457 So. 2d 1110· Fla. 1st DCA· 1984-10-12 ·cited 2×
  The court upheld Florida's cable television access statute (§83.66) as serving a legitimate public purpose but found it unconstitutional for requiring property owners to grant cable companies access to apartment premises without providing just compensation, following the U.S. Sup
• In re Nat'l Serv. Corp. v. Nat'l Serv. Corp.
  742 F.2d 859· 5th Cir.· 1984-09-27 ·cited 2×·via Request For Injunction
  The court held that the proposed billboard message constituted pure speech, and the injunction against it was an impermissible prior restraint on First Amendment rights.
• Ammons v. Dade City
  594 F. Supp. 1274· M.D. Fla.· 1984-09-21 ·cited 2×
  The court held that the City of Dade City engaged in unconstitutional racial discrimination by providing unequal municipal services, specifically street paving, to its black residents.
• James G. Hull, D.O. v. The Bd. OF Comm'rs OF the Halifax Hosp. Med. Ctr.
  453 So. 2d 519· Fla. 5th DCA· 1984-08-02 ·cited 2×
  Doctors of osteopathy challenged a Halifax Hospital bylaw requiring medical staff applicants to be board certified or eligible by the American Board of Medical Specialties, arguing it violated Florida Statute § 395.0653 and the Florida Constitution. The court upheld the bylaw as
• Paradyne Corp. v. Irwin H. Miller and Sonya Miller
  455 So. 2d 432· Fla. 2d DCA· 1984-07-25 ·cited 2×·via Mandatory Injunction
  The circuit court had jurisdiction to enforce the DOT permit but erred in ordering construction beyond its enforcement authority, violating due process.
• City OF Daytona Beach Shores v. State
  454 So. 2d 651· Fla. 5th DCA· 1984-07-19 ·cited 2×·via Permanent Injunction
  The City of Daytona Beach Shores challenged a declaratory judgment and permanent injunction prohibiting it from charging a user fee for vehicular traffic on its beaches. The court affirmed, holding that while municipalities possess constitutional authority to impose user fees, th
• ALL Am. Distrib. Co., Inc. v. Miller Brewing Co.
  736 F.2d 530· 9th Cir.· 1984-06-29 ·cited 2×·via Preliminary Injunction
  A party can be considered a 'prevailing party' entitled to attorney fees under the Arizona Spirituous Liquor Franchises Act even without a full adjudication on the merits, if the totality of the litigation shows they prevailed.