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

• S. Fla. Water Mgmt. Dist. v. Nat Ratner
  357 So. 2d 1055· Fla. 3d DCA· 1978-04-18 ·cited 2×
  The South Florida Water Management District appealed a summary judgment requiring it to provide access to Ratner's property across levees and canals it had constructed. The court held that the District must provide reasonable access to allow Ratner to exercise reserved rights und
• Isiah Fredericks v. Kreps
  571 F.2d 1316· 5th Cir.· 1978-04-12 ·cited 2×·via Preliminary Injunction
• Joanne Chesimard (Assata Shakur) v. Mulcahy
  570 F.2d 1184· 3d Cir.· 1978-02-03 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to demonstrate a probability of success on the merits or irreparable harm.
• Dole v. Carter
  569 F.2d 1109· 10th Cir.· 1977-12-31 ·cited 2×·via Injunction Pending Appeal
  The court held that the dispute over the return of the crown of St. Stephen is a nonjusticiable political question, and thus denied the motion for an injunction pending appeal.
• Island Creek Coal Co. v. Local Union NO. 1827 OF the United Mine Workers OF Am.
  568 F.2d 7· 6th Cir.· 1977-12-30 ·cited 2×·via Permanent Injunction
  The court held that the contempt order was appealable and vacated the district court's judgment against the union, remanding for reconsideration in light of intervening precedent.
• Salmon River Canal Co., Ltd. v. Bell Brand Ranches, Inc.
  564 F.2d 1244· 9th Cir.· 1977-11-21 ·cited 2×
  The court concurred in the result, finding that the plaintiff's claim involved genuine issues of material fact regarding the interpretation of a 1953 water decree and its effect on water rights, precluding summary judgment.
• Billington v. Hayduk
  565 F.2d 824· 2d Cir.· 1977-11-02 ·cited 2×
  The court held that the freeholder requirement of the Westchester County Charter is unconstitutional and not severable from the residency requirement, thus invalidating the entire qualification provision.
• NEW York Ass'n OF Homes FOR Aging v. Toia
  559 F.2d 876· 2d Cir.· 1977-07-27 ·cited 2×·via Preliminary Injunction
  The appeals are dismissed for lack of appellate jurisdiction because the district court's orders denying class-based preliminary injunctive relief are not appealable interlocutory orders under 28 U.S.C. § 1292(a)(1).
• Neb. Eng'g Corp. v. Shivvers
  557 F.2d 1257· 8th Cir.· 1977-07-14 ·cited 2×
  The court held that a licensee challenging patent validity is not entitled to escrow royalty payments and an injunction against termination for nonpayment, as this contravenes Lear v. Adkins.
• OBI v. Singletary
  346 So. 2d 1239· Fla. 1st DCA· 1977-06-17 ·cited 2×
  The Obis appealed a dismissal of their claims against the Singletarys for breach of a noncompetition agreement and failure to insure leased property. The court reversed the dismissal of the noncompetition claim, holding that goodwill can be inferred from the totality of circumsta
• City OF Naples v. Polk
  346 So. 2d 1076· Fla. 2d DCA· 1977-06-08 ·cited 2×
• Universal Leaf Tobacco Co. v. Congoleum Corp.
  554 F.2d 1283· 4th Cir.· 1977-05-19 ·cited 2×·via Preliminary Injunction
  The court held that the district court erred in concluding that a tender offer would likely result in only a minimal stock transfer, and remanded for consideration of the merits.
• United States v. Mo. Pac. R.R. Co. & the Tex. & Pac. Ry. Co.
  553 F.2d 1156· 8th Cir.· 1977-04-20 ·cited 2×·via Action For Injunction
  The court held that the Federal Railway Administration (FRA) could require a railroad to provide crew members for its test cars and assume liability for their negligence during track inspections, and that formal rule-making was not required for this practice.
• Groves v. McLUCAS
  552 F.2d 1079· 5th Cir.· 1977-04-13 ·cited 2×·via Preliminary Injunction
  The court held that the trial judge did not abuse discretion in denying back pay and attorney's fees in a preliminary injunction order for reinstatement.
• Marriott Corp. v. Great Am. Serv. Trades Council, AFL-CIO
  552 F.2d 176· 7th Cir.· 1977-03-24 ·cited 2×·via Preliminary Injunction
  The Norris-LaGuardia Act bars a preliminary injunction when the underlying dispute, though framed as trademark infringement, is fundamentally a labor dispute concerning employee representation.
• Cassady v. Holt S. McKINNEY
  343 So. 2d 955· Fla. 2d DCA· 1977-03-23 ·cited 2×
  The Florida District Court of Appeal affirmed that a county tax assessor's assessments of agricultural lands violated the Green Belt Law by failing to consider required statutory factors, but reversed the trial court's independent determination of the corrected assessment value,
• The City OF Belle Glade v. Fla. E. Coast Ry. Co.
  344 So. 2d 873· Fla. 4th DCA· 1977-03-18 ·cited 2×
  The City of Belle Glade appeals a permanent injunction prohibiting it from constructing a railroad crossing without obtaining a permit from the Department of Transportation under Section 338.21, Florida Statutes. The court affirmed the injunction, rejecting the City's constitutio
• The Soc'y FOR the Welf. OF Animals, Inc. v. Walrath
  343 So. 2d 934· Fla. 3d DCA· 1977-03-15 ·cited 2×
  The Society for the Welfare of Animals appealed an injunction prohibiting it from advertising veterinary services, arguing it was not subject to veterinary licensing regulations and that the advertising restrictions violated free speech. The court affirmed the injunction, holding
• Barnes v. Travelers Ins. Co.
  342 So. 2d 1065· Fla. 3d DCA· 1977-03-01 ·cited 2×
  An employee injured by a hit-and-run driver sought uninsured motorist coverage under his employer's insurance policy. The insurer denied coverage because the accident was not reported to police within 24 hours as required by the policy, and the court upheld the denial.
• Sarasota Cnty. v. Town OF Longboat KEY
  343 So. 2d 39· Fla.· 1977-02-25 ·cited 2×
• Coastal Petroleum Co. v. Sec'y OF the Army of the United States
  547 F.2d 288· 5th Cir.· 1977-02-18 ·cited 2×
  The court dismissed the appeal as moot because the parties reached a settlement and a consent decree was entered, rendering the original dispute and judgment obsolete.
• Masami Soranaka and Janine Soranaka v. Cook
  343 So. 2d 51· Fla. 2d DCA· 1977-02-09 ·cited 2×
  A homeowner challenged a restrictive covenant prohibiting chain link fences between the front building line and street. The trial court struck two affirmative defenses, but the appellate court held that reasonableness of the covenant states a legal defense and that equity princip
• Consol. Film Indus. v. United States
  547 F.2d 533· 10th Cir.· 1977-01-06 ·cited 2×
  The court held that the assignment of contract rights constituted a security interest requiring perfection under the UCC, and the assignee failed to meet the burden of proving the assignment was an insignificant part of the assignor's total contract rights to qualify for an exemp
• Boca Villas Corp. v. Pence
  45 Fla. Supp. 65· Fla. Cir. Ct.· 1976-09-30 ·cited 2×
  Property owners challenged Boca Raton's charter amendment limiting total dwelling units to 40,000 as unconstitutional. The circuit court held the cap and its implementing ordinances violated due process and equal protection guarantees because they lacked rational relationship to
• Schneider v. Betti S. Whaley
  541 F.2d 916· 2d Cir.· 1976-08-20 ·cited 2×·via Preliminary Injunction
  The court held that while plaintiffs are entitled to a hearing, the agency may suspend or terminate assistance pending the hearing if the sole issue is state or federal law or policy, and that the defendants' appeal was moot.
• Chlystek v. Ritz Wilson Kane
  540 F.2d 171· 3d Cir.· 1976-07-29 ·cited 2×
  The court held that the availability of declaratory relief does not preclude a three-judge court when injunctive relief is sought against the enforcement of a state statute.
• Pehler v. Schoen
  537 F.2d 970· 8th Cir.· 1976-07-09 ·cited 2×·via Preliminary Injunction
  The court held that the prisoner's claim for injunctive relief from adverse conditions of confinement due to a detainer was moot after his transfer to Louisiana, and his request for release or parole revocation prevention was a habeas corpus claim requiring exhaustion of state re
• Est. of Leo J. Goldwater v. Commissioner OF Internal Revenue
  539 F.2d 878· 2d Cir.· 1976-06-29 ·cited 2×
  The court held that Gertrude, not Lee, was the decedent's surviving spouse for estate tax marital deduction purposes because a New York court had declared Leo's Mexican divorce and subsequent marriage to Lee void, and New York law governed the determination of spousal status for
• Schaefer v. Tannian
  538 F.2d 1234· 6th Cir.· 1976-06-25 ·cited 2×·via Preliminary Injunction
  The court held that the district court's preliminary injunction improperly extended to male officers hired with CETA funds and that the issue of retroactive seniority for victims of discrimination requires further consideration in light of Franks v. Bowman.
• DeWitt C. Boatright v. City OF Jacksonville
  334 So. 2d 339· Fla. 1st DCA· 1976-06-23 ·cited 2×
  City of Jacksonville required injured employees to repay workers' compensation benefits for permanent partial disability by crediting salary paid during temporary total disability. The court held that the City's resolution and collective bargaining agreements purporting to accomp
• City OF Parma v. Levi
  536 F.2d 133· 6th Cir.· 1976-06-11 ·cited 2×
  A party cannot maintain a separate action for an injunction based on claims that were raised as a compulsory counterclaim and dismissed in a pending action.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Bankers Life & Cas. Co.
  331 So. 2d 381· Fla. 1st DCA· 1976-04-30 ·cited 2×·via Mandatory Injunction
  The Board of Trustees of the Internal Improvement Trust Fund appealed a trial court decision finding that Bankers Life and Casualty Company retained rights under the Butler Act (1921) to fill submerged lands adjacent to its property between the high water mark and established bul
• Levenson v. Barnett Bank OF Miami & Barnett Winston Inv. Tr.
  330 So. 2d 192· Fla. 3d DCA· 1976-04-06 ·cited 2×
  Levenson and Revitz, as trustees, appealed interlocutory orders striking evidence of a lender's financial inability to perform a $6 million loan commitment. The court held that evidence of the lender's inability to perform is relevant to determine whether the lender complied with
• Humana OF Fla., Inc. v. Keller
  329 So. 2d 420· Fla. 1st DCA· 1976-04-02 ·cited 2×
  Humana of Florida sought to enjoin the issuance of a certificate of need for a competitor's hospital construction on grounds that no public hearing was held as required by statute. The court reversed the circuit court's dismissal, holding that because no hearing occurred, the cer
• Reverend Penelope Peterson v. Dade Cnty.
  329 So. 2d 47· Fla. 3d DCA· 1976-03-23 ·cited 2×
  Where a landowner challenges a zoning resolution on an as-applied basis only (not as generally invalid), the exclusive remedy for review is a petition for writ of certiorari filed within the statutory 30-day period, and a direct action for injunctive relief is not available.
• Bednar v. Neb. Sch. Activities Ass'n
  531 F.2d 922· 8th Cir.· 1976-03-11 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not err in granting a preliminary injunction because the student demonstrated a likelihood of irreparable harm from being excluded from cross-country competition based on her sex.
• Tapeswitch Corp. OF Am. v. Recora Co., Inc.
  527 F.2d 1013· 7th Cir.· 1976-01-09 ·cited 2×
  An interlocutory order dismissing a patent infringement complaint, which also sought an injunction, is appealable under 28 U.S.C. § 1292(a)(1) as an order refusing an injunction, even if other claims remain unresolved.
• Chatman v. Daugherty
  527 F.2d 691· 6th Cir.· 1975-12-15 ·cited 2×
  The court held that the District Court erred in affirming the Bankruptcy Judge's order allowing a mechanic's lien creditor to foreclose, as the Bankruptcy Court had the power to enjoin such enforcement.
• Sigmon v. POE
  528 F.2d 311· 4th Cir.· 1975-12-12 ·cited 2×·via Preliminary Injunction
  The court affirmed the denial of preliminary injunctive relief, finding the lower court's determination that the Board's action was not arbitrary or capricious was not clearly erroneous.
• Dep't OF Revenue of the State of Fla. v. GAC Props., Inc.
  324 So. 2d 167· Fla. 3d DCA· 1975-11-25 ·cited 2×
  The Florida District Court of Appeal reversed in part the trial court's decision that agreements for deed do not constitute intangible personal property subject to taxation. The court held such agreements are intangible property but affirmed the injunction against annual taxation
• Jack Eckerd Corp. v. Michels Island Vill. Pharmacy, Inc.
  322 So. 2d 57· Fla. 2d DCA· 1975-11-12 ·cited 2×
  A property owner who does not allege a special injury, different in kind from that suffered by the public generally, lacks standing to enjoin a municipality from issuing a building permit that varies from area standards.
• Hollender v. S. R. F., Inc.
  321 So. 2d 627· Fla. 4th DCA· 1975-10-31 ·cited 2×·via Temporary Injunction
• Sink v. Rogers Morton
  529 F.2d 601· 4th Cir.· 1975-09-30 ·cited 2×
  A party must exhaust available administrative remedies before seeking judicial relief, even if claiming irreparable harm, unless no remedy exists.
• Local 32B, Serv. Emps. Int'l Union, AFL-CIO v. Sage Realty Corp.
  524 F.2d 601· 2d Cir.· 1975-09-25 ·cited 2×·via Preliminary Injunction
  The court held that the union failed to demonstrate a likelihood of success on the merits regarding the defendants' RAB membership, thus affirming the denial of a preliminary injunction.
• Lucas v. Hope
  515 F.2d 234· 5th Cir.· 1975-06-30 ·cited 2×
  The District Court correctly dismissed the suit for lack of federal jurisdiction because the dispute over church property title and possession, absent a federal question, must be resolved in state court.
• Will Ross, Inc. v. Fla. State Bd. OF Optometry
  314 So. 2d 152· Fla. 1st DCA· 1975-06-12 ·cited 2×·via Permanent Injunction
  The Florida State Board of Optometry sought a permanent injunction against optical companies for allegedly inducing optometrists to violate state law. The appellate court reversed the trial court's denial of the motion to dismiss, holding that Chapter 463 does not create a statut
• Nesbitt v. The City OF Miami
  314 So. 2d 806· Fla. 3d DCA· 1975-06-10 ·cited 2×
  The court held that the trial court properly dismissed the complaint because it did not state a legal basis for an injunction.
• Pub. Interest Research Grp. OF Mich. (Pirgim) v. Brinegar
  517 F.2d 917· 6th Cir.· 1975-06-02 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction for a highway construction project.
• Sepielli v. Wilson P. Abraham Constr. Corp. & Barnett Bank of Homestead
  313 So. 2d 122· Fla. 3d DCA· 1975-05-20 ·cited 2×
  Appellants, who sold real property to the plaintiff and received a promissory note and mortgage, challenged a temporary restraining order that enjoined them from foreclosing on the mortgage. The court reversed the injunction, holding that a buyer alleging fraud cannot obtain judi
• Sunshine Villa Apts., Inc. v. Haddad
  312 So. 2d 810· Fla. 4th DCA· 1975-05-02 ·cited 2×
  A cooperative apartment corporation amended its bylaws to restrict subleasing, and members who purchased their unit from the developer challenged the amendment's validity and the corporation's reissuance of membership certificates with capital valuations. The appellate court held