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

• Redford v. State
  452 So. 2d 961· Fla. 3d DCA· 1984-06-12 ·cited 2×
  The Department of Revenue has the statutory authority to compel taxing officials to place property on the tax roll, and this action does not require a merit determination of the exemption's validity.
• Sec. & Exch. Comm'n v. Cayman Islands Reinsurance Corp., Ltd.
  734 F.2d 118· 2d Cir.· 1984-05-08 ·cited 2×
• Luis Rosario, Inc. v. Amana Refrigeration, Inc.
  733 F.2d 172· 1st Cir.· 1984-05-03 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not err in denying a preliminary injunction because it properly considered the parties' interests and the purposes of the Puerto Rico Dealer's Act in finding potential 'just cause' for termination.
• Genovese Drug Stores, Inc. v. Conn. Packing Co., Inc.
  732 F.2d 286· 2d Cir.· 1984-04-06 ·cited 2×·via Preliminary Injunction
  A lessee is only charged with constructive notice of encumbrances within its direct chain of title; therefore, Fotomat had no duty to search the chain of title of an entity other than its lessor, Copaco.
• Global Int'l Airways Corp. v. The Port Auth. OF NEW York & NEW Jersey
  731 F.2d 127· 2d Cir.· 1984-03-14 ·cited 2×·via Preliminary Injunction
  The court clarified that its prior decision addressed only facial preemption and did not resolve claims of unreasonable burden on commerce, discrimination, or operational preemption, which remain for the district court to consider.
• Sunrise Lakes Condo. Apts. v. Hechtman
  446 So. 2d 272· Fla. 4th DCA· 1984-03-14 ·cited 2×
  The court reversed summary judgment for the unit owners and remanded because the trial court improperly granted summary judgment despite disputed material facts and because estoppel was not properly pleaded as an affirmative defense.
• The People OF the State OF Cal. & the Pub. Utils. Comm'n of the State of Cal. v. Nw. Pac. R.R. Co.
  726 F.2d 505· 9th Cir.· 1984-02-13 ·cited 2×·via Mandatory Injunction
• Ganadera Indus., S.A. v. Block
  727 F.2d 1156· D.C. Cir.· 1984-02-07 ·cited 2×
  The court held that the Secretary of Agriculture did not exceed his authority under the Federal Meat Inspection Act and its regulations in withdrawing GISA's import privilege, and the action was not arbitrary, capricious, or a violation of due process.
• Parks v. Will Poindexter
  723 F.2d 840· 11th Cir.· 1984-01-27 ·cited 2×
  The court held that the judgment on insurance coverage, while potentially impacting the underlying tort action, was not erroneous and did not prejudge the unresolved liability issues.
• Commodity Futures Trading Comm'n v. Chilcott Portfolio Mgmt., Inc.
  725 F.2d 584· 10th Cir.· 1984-01-19 ·cited 2×·via Permanent Injunction
  The court held that the district court did not err in denying a creditor's petition to intervene and sue the receiver, as the established claims procedure adequately protected the creditor's interests.
• Equity Grp. Holdings v. DMG, Inc.
  576 F. Supp. 1197· S.D. Fla.· 1983-12-15 ·cited 2×·via Preliminary Injunction
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a de facto merger claim, and therefore denied the motion for a preliminary injunction.
• Am. DRY Cleaners & Laundry, Inc. v. The United States Dep't OF Transp. & its Sec'y
  722 F.2d 70· 4th Cir.· 1983-11-30 ·cited 2×·via Preliminary Injunction
  The court held that the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 requires the government to assist displaced businesses in obtaining a suitable relocation site, but does not require the government to obtain or tender a specific replacement location.
• Cnty. OF Halifax v. Lever
  718 F.2d 649· 4th Cir.· 1983-09-29 ·cited 2×·via Mandatory Injunction
  The district court lacked jurisdiction to entertain an action seeking to invalidate a FERC permit, as exclusive review lies with the Court of Appeals.
• Millsap v. Andrus
  717 F.2d 1326· 10th Cir.· 1983-09-23 ·cited 2×
  The court held that 'other minerals' in the Osage Allotment Act, as incorporated into a warranty deed, includes limestone and dolomite, and that the tribe could waive its own requirement for a damage agreement with the surface owner.
• Osceola Cnty. v. Castelli
  435 So. 2d 417· Fla. 5th DCA· 1983-08-04 ·cited 2×
  Osceola County sought an injunction to force the Castellis to remove a fence blocking Wren Drive, a private roadway crossing their property. The court affirmed the dismissal of the county's claim, holding that the county failed to establish either statutory dedication or a prescr
• Daubert v. Percy
  713 F.2d 328· 7th Cir.· 1983-08-04 ·cited 2×·via Permanent Injunction
  The Eleventh Amendment does not prohibit a district court order requiring a state to pay welfare benefits that accrued during a period when a prior injunction was improperly modified.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×·via Temporary Injunction
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend
• United States v. Bedford Assocs.
  713 F.2d 895· 2d Cir.· 1983-07-14 ·cited 2×·via Preliminary Injunction
  The court held that the government was entitled to restitution from Bowery for mistaken utilities payments and from Bedford for overpaid rent due to improper credit for renovations, but affirmed denial of restitution from Bowery for rent and denial of benefit-of-the-bargain damag
• State OF NEW York Dist. Attorney Investigators Police Benevolent Ass'n, Inc. v. Richards
  711 F.2d 8· 2d Cir.· 1983-06-28 ·cited 2×·via Preliminary Injunction
  The district court erred in dismissing the complaint for lack of subject matter jurisdiction, as the claims presented were not "patently without merit."
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Sweetwater Oaks Condo. Ass'n, Inc. v. Creative Concepts OF Tampa, Inc.
  432 So. 2d 654· Fla. 2d DCA· 1983-06-01 ·cited 2×
  The appellate court reviewed a trial court's dismissal of a complaint and denial of attorney's fees in a dispute between a condominium developer, one homeowners association, and another homeowners association regarding an ingress and egress easement.
• Pena v. NEW York State Div. FOR Youth
  708 F.2d 877· 2d Cir.· 1983-05-25 ·cited 2×
  The court held that the stipulation, by its literal terms, applied to all youth at Goshen, regardless of their classification as Juvenile Delinquents or Juvenile Offenders.
• Miller v. The Bd. OF Pensions OF the United Presbyterian Church IN the United States OF Am.
  431 So. 2d 350· Fla. 5th DCA· 1983-05-19 ·cited 2×
  The Board of Pensions of the United Presbyterian Church challenged the constitutionality of Florida's tax exemption statute for homes for the aged, which limited exemptions to Florida-incorporated nonprofit corporations. The court held that the statute's requirement that the corp
• Little v. United States
  709 F.2d 517· 9th Cir.· 1983-05-16 ·cited 2×
  The court held that the purchaser of property from the State, which had acquired the property via tax deed, was not entitled to equitable subrogation to the extinguished county tax lien because the purchaser did not discharge the lien.
• Penthouse Int'l, Ltd. v. Hinson McAULIFFE
  702 F.2d 925· 11th Cir.· 1983-04-11 ·cited 2×
  The court granted a rehearing en banc, vacating the prior panel decision.
• Park S. Hotel Corp. v. NEW York Hotel Trades Council & Hotel Ass'n OF NEW York City
  705 F.2d 27· 2d Cir.· 1983-04-05 ·cited 2×·via Permanent Injunction
  The court held that the district court erred in granting a permanent injunction and dismissing the petition without affording the Fund adequate notice and an opportunity to be heard.
• Am. Rice, Inc. v. The Ark. Rice Growers Coop. Ass'n
  701 F.2d 408· 5th Cir.· 1983-03-28 ·cited 2×·via Preliminary Injunction
  The court held that the Lanham Act applies to trademark infringement by a U.S. corporation occurring in a foreign country if it affects U.S. commerce, and that the doctrine of forum non conveniens was not applicable.
• Loomis v. Gulf Oil Corp.
  567 F. Supp. 591· M.D. Fla.· 1983-03-08 ·cited 2×·via Preliminary Injunction
  The court held that Gulf Oil Corporation properly terminated the franchise and lease agreements due to the franchisee's failure to pay for petroleum products, and that the notices provided complied with the Petroleum Marketing Practices Act.
• Rosemond A. Gallagher v. Seagate OF Gulfstream Condo. Ass'n, Inc.
  423 So. 2d 640· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Unit owners challenged a condominium association's practice of assessing rent on recreation facilities only to those owners who did not purchase an interest in the leased property, while exempting those who purchased an interest. The court reversed the trial court's denial of inj
• United Parcel Serv. (NEW York), Inc. v. Local 804
  698 F.2d 100· 2d Cir.· 1983-01-06 ·cited 2×·via Boys Markets Injunction
  A Boys Markets injunction requires adherence to Norris-LaGuardia Act sections 8 and 9. Failure to determine if UPS utilized available expedited arbitration and issuing an overbroad prospective injunction warrants vacating the injunction.
• Cassius L. Peacock and Tommay T. Peacock v. Am. Agronomics Corp.
  422 So. 2d 55· Fla. 2d DCA· 1982-10-27 ·cited 2×
  The court reversed a dismissal of the Peacocks' action against American Agronomics Corporation, holding that management agreements for citrus groves do not create an agency coupled with an interest and therefore terminate when the property is sold to new owners, though a lien for
• Wilson v. Chapman and Bonnie Heath, Sr.
  424 So. 2d 16· Fla. 5th DCA· 1982-09-29 ·cited 2×
  Taxpayers challenged a discretionary two-mill tax levy by the Marion County School Board, arguing the Board failed to comply with statutory notice and disclosure requirements. The appellate court reversed the trial court's judgment, holding that the Board's substantial non-compli
• Mel Summerlin v. Lamar Advertising OF Pensacola, Inc.
  419 So. 2d 781· Fla. 1st DCA· 1982-09-23 ·cited 2×·via Preliminary Injunction
  Summerlin appeals a preliminary injunction enforcing a non-compete covenant in his employment contract with Lamar Advertising. The court affirms the injunction, holding that Lamar adequately demonstrated irreparable harm and that an injunction is an appropriate remedy for breach
• Jackson v. City of Belle Glade
  95 F.R.D. 384· S.D. Fla.· 1982-09-09 ·cited 2×·via Preliminary Injunction
• Rutledge v. Aluminum
  681 F.2d 1352· 11th Cir.· 1982-08-02 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the appellant was unlikely to succeed on the merits of his claims under the relevant federal law and union constitution.
• Cascade Local Lodge NO. 297 v. Int'l Ass'n OF MacHinists
  684 F.2d 609· 9th Cir.· 1982-07-13 ·cited 2×·via Preliminary Injunction
  The court affirmed the district court's preliminary injunction, finding no abuse of discretion in its issuance.
• Allen v. Hous. Auth. OF the Cnty. OF Chester
  683 F.2d 75· 3d Cir.· 1982-07-09 ·cited 2×
  The court held that the district court's finding of a breach of the warranty of habitability did not definitively resolve whether the plaintiff had an 'outstanding balance due' under Resolution 168, requiring remand. The court affirmed the denial of class certification.
• Justin v. Gidman
  416 So. 2d 1168· Fla. 4th DCA· 1982-06-16 ·cited 2×
  Residents and taxpayers of Boca Raton challenged the city's decision to contribute $29,730.10 in matching funds to a child day care center, arguing it violated the city charter's prohibition on expending funds for charitable organizations. The court held that despite the center's
• Equal Emp. Opportunity Comm'n v. H. S. Camp & Sons, Inc.
  542 F. Supp. 411· M.D. Fla.· 1982-06-01 ·cited 2×·via Permanent Injunction
  The court found that while statistical analyses showed disparities, the employer's hiring decisions were not discriminatory based on race or sex, with specific hiring decisions justified by legitimate, non-discriminatory reasons.
• Citizens FOR Responsible Area Growth v. Brock Adams
  680 F.2d 835· 1st Cir.· 1982-05-25 ·cited 2×·via Preliminary Injunction
  The court held that the district court abused its discretion in interpreting the consent decree to prohibit AMCA from building its hangar, and the decree must be modified to allow construction.
• Fehlhaber v. State OF N.C.
  675 F.2d 1365· 4th Cir.· 1982-04-15 ·cited 2×·via Preliminary Injunction
  The court held that the North Carolina obscenity nuisance statute, which allows for permanent injunctions against the sale or exhibition of materials not yet judicially determined to be obscene, violates the First Amendment by imposing an impermissible prior restraint.
• Palm Beach Cnty. Classroom Teacher's Ass'n & Warren G. Cutts v. The Sch. Bd. OF Palm Beach Cnty.
  411 So. 2d 1375· Fla. 4th DCA· 1982-04-07 ·cited 2×
  This case concerns whether grievance arbitration hearings between a teachers' union and a school board are subject to Florida's Government in the Sunshine Act. The appellate court affirmed the denial of a preliminary injunction, finding no abuse of discretion and noting the publi
• Immogene Hurley v. Sec'y OF Health & Human Servs.
  676 F.2d 1095· 6th Cir.· 1982-03-26 ·cited 2×·via Injunction Pending Appeal
  The Eleventh Amendment does not bar prospective relief, including the restoration of benefit payments, as a necessary consequence of future compliance with federal law, even if it impacts the state treasury.
• The United States v. Heraeus-Amersil, Inc.
  671 F.2d 1356· C.C.P.A.· 1982-02-18 ·cited 2×·via Action For Injunction
  Increased duties determined on liquidation are not due until the importer files a civil action or the statute of limitations for such action expires.
• Marathon OIL Co. v. Mobil Corp.
  669 F.2d 384· 6th Cir.· 1982-01-04 ·cited 2×
  The court denied Mobil's emergency motion to add a party and enjoin stock acquisition, reaffirming its prior rejection of Mobil's proposed 'hold separate order'.
• NEW York State Energy Research & Dev. Auth. v. Nuclear Fuel Servs., Inc.
  666 F.2d 787· 2d Cir.· 1981-12-08 ·cited 2×
  The court held that the district court erred in granting partial summary judgment because there are material issues of fact regarding the parties' intent concerning the transfer of the leased premises upon lease termination.
• Alaska Miners as a class by their representatives v. Andrus
  662 F.2d 577· 9th Cir.· 1981-11-23 ·cited 2×
  The Alaska Native Claims Settlement Act (ANCSA) allows the federal government to convey lands subject to valid mining claims, and the five-year limitation on patenting these claims is constitutional.
• Minn. Mining & Mfg. Co. v. Rynne
  661 F.2d 722· 8th Cir.· 1981-10-21 ·cited 2×·via Preliminary Injunction
  The court affirmed the district court's decisions to issue a preliminary injunction and dismiss a party, finding no abuse of discretion and proper jurisdiction.
• Herwald v. Schweiker
  658 F.2d 359· 5th Cir.· 1981-10-07 ·cited 2×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding that while the district court's reasoning regarding subject-matter jurisdiction was flawed, there was a sufficient substantive basis to deny the injunction.
• Intertrack Transp., Inc. v. B & G Horse Transp., Inc.
  403 So. 2d 1058· Fla. 3d DCA· 1981-09-08 ·cited 2×
  Intertrack Transportation and its parent companies appealed from a judgment denying them damages on an injunction bond for a temporary injunction that restrained them from transporting horses without proper certification. The court reversed, finding the temporary injunction was w