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

• Indep. Meat Packers Ass'n v. Butz
  514 F.2d 1119· 8th Cir.· 1975-04-15 ·cited 2×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against new beef grading standards pending a full hearing.
• Anti-Defamation League OF B'Nai B'Rith v. Nat'l Mexican Am. Anti-Defamation Comm., Inc.
  510 F.2d 1246· D.C. Cir.· 1975-04-07 ·cited 2×
  The dissenting judge would affirm the lower court's decision, finding the names of the two organizations sufficiently distinct to avoid public confusion.
• United States v. Diapulse Corp. OF Am.
  514 F.2d 1097· 2d Cir.· 1975-03-21 ·cited 2×·via Permanent Injunction
  The court held that the injunction was properly modified to cover devices held by practitioners and that the inspectional authority granted was not exceeded.
• Gen. Elec. Co. v. Raymond T. O'Keefe for Chase Manhattan Mortg. Realty & Tr.
  309 So. 2d 231· Fla. 4th DCA· 1975-03-14 ·cited 2×
  General Electric Company sought to recover possession of appliances via replevin actions, but the trial court issued injunctions without notice prohibiting removal of the personal property from mortgaged premises pending foreclosure proceedings. The appellate court reversed, hold
• The N. Am. Coal Corp. v. United Mine Workers OF Am.
  512 F.2d 238· 6th Cir.· 1975-02-25 ·cited 2×·via Preliminary Injunction
  The court held that the criminal contempt convictions of over 700 miners were invalid due to fundamental due process violations, including lack of proper notice, failure to state essential facts, and improper burden of proof.
• Sec. & Exch. Comm'n v. N. Am. Research & Dev. Corp.
  511 F.2d 1217· 2d Cir.· 1975-02-24 ·cited 2×·via Permanent Injunction
  The court held that the application of Fed.R.Civ.P. 65(a)(2) did not deny appellants due process, as they had adequate notice and opportunity to present their defense.
• James v. United States
  510 F.2d 860· 6th Cir.· 1975-02-12 ·cited 2×
  The court held that the taxpayer failed to meet the stringent requirements for enjoining tax collection under 26 U.S.C. § 7421(a).
• Int'l Westminster Bank Ltd. & Coutts & Co. v. Fed. Deposit Ins. Corp.
  509 F.2d 641· 9th Cir.· 1975-01-08 ·cited 2×
  The court held that the appellants' complaint failed to state a claim for equitable relief due to lack of alleged irreparable harm and inadequate legal remedy, but erred in dismissing the action without allowing an opportunity to amend.
• MAY v. The Supreme Court OF the State OF Colo.
  508 F.2d 136· 10th Cir.· 1974-12-31 ·cited 2×
  The Eleventh Amendment bars suits against a state in federal court unless the state has waived its sovereign immunity. Officials acting within their official capacities are also immune from suit.
• Biderman v. Rogers C. B. Morton
  507 F.2d 396· 2d Cir.· 1974-11-07 ·cited 2×·via Preliminary Injunction
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction regarding motor vehicle permits pending an Environmental Impact Statement.
• City OF Miami v. Butcher
  303 So. 2d 378· Fla. 3d DCA· 1974-10-29 ·cited 2×·via Mandatory Injunction
  City of Miami appeals a declaratory judgment and mandatory injunction requiring it to grant salary increases to Parks and Water & Sewers employees equal to those given to Sanitation workers, based on the City Charter requirement that compensation be uniform for like services. The
• Clay T. Lambeth, Jr. v. Gluckler
  302 So. 2d 429· Fla. 4th DCA· 1974-10-29 ·cited 2×
  This case involves a challenge to a candidate's ballot eligibility. Clay T. Lambeth, Jr., who held office as mayor and city commissioner of Sewell's Point, filed to run for county commissioner but failed to comply with Florida Statute § 99.012, which requires resignation from con
• Davis v. Joyner
  301 So. 2d 803· Fla. 4th DCA· 1974-10-18 ·cited 2×
  The Fourth District Court of Appeal reversed the trial court's dismissal of Davis's trespass action against Joyner and Atlantic Las Olas, holding that the complaint's inadequate pleadings did not clearly establish that the cause of action was barred by the three-year statute of l
• Mar-Len Hous. Enters., Inc. v. Mar-Len Gardens "I" Corp.
  302 So. 2d 469· Fla. 3d DCA· 1974-10-15 ·cited 2×·via Temporary Injunction
  Mar-Len Housing Enterprises appealed a trial court's decree determining the proper computation of a management fee under a 99-year management contract with twelve cooperative apartment corporations. The court held that the December 20, 1965 agreement excluding mortgage, lease, an
• ART Theatre Guild, Inc. v. Parrish
  503 F.2d 133· 6th Cir.· 1974-09-24 ·cited 2×·via Preliminary Injunction
  The court held that while the government is entitled to retain one copy of allegedly obscene material as evidence in a criminal prosecution, it must permit the exhibitor to copy the material if other copies are unavailable, to allow continued exhibition pending a judicial determi
• WEE MAC Corp. v. State
  301 So. 2d 101· Fla. 3d DCA· 1974-09-24 ·cited 2×
  The Florida District Court of Appeal upheld an injunction against Wee Mac Corporation and Wesley Moffatt for selling unregistered commodity options in violation of Florida's securities law, but reversed the portion requiring them to repay private investors who were not parties to
• Kelley v. United States
  503 F.2d 93· 9th Cir.· 1974-09-11 ·cited 2×
  A taxpayer cannot directly enjoin the IRS from enforcing a summons for bank records; the proper remedy is to intervene in a subsequent judicial enforcement proceeding, but the bank may be temporarily restrained from compliance.
• Town OF Palm Beach v. Royal Palm Beach Hotel, Inc.
  298 So. 2d 439· Fla. 4th DCA· 1974-07-19 ·cited 2×
  The Town of Palm Beach appealed a trial court judgment that declared its Comprehensive Zoning Ordinance No. 3-70 unreasonable as applied to the plaintiff's property and required rezoning to a less restrictive classification. The appellate court reversed and remanded because the o
• Cooper v. Honorable Enoch T. NIX
  496 F.2d 1285· 5th Cir.· 1974-07-18 ·cited 2×
  The court held that while an age-based exemption in university housing regulations violated equal protection, the permanent injunction improperly expanded the exemption beyond the scope of the violation.
• Waclav James Jagiella v. Jagiella
  296 So. 2d 646· Fla. 1st DCA· 1974-07-02 ·cited 2×·via Temporary Injunction
  A husband filed a notice of appeal and petition for temporary injunction seeking review of a circuit court judgment ordering his incarceration for failure to produce a minor child, but the appellate court lacked a complete record to review the merits and dismissed without prejudi
• Conley Motor Express, Inc. v. Russell
  500 F.2d 124· 3d Cir.· 1974-07-02 ·cited 2×·via Preliminary Injunction
  The court held that the preliminary injunction was properly granted because the appellants failed to demonstrate that their dispute with Conley involved an employer-employee relationship, which is a prerequisite for exemption from antitrust laws.
• Tobler v. Beckett
  297 So. 2d 59· Fla. 2d DCA· 1974-06-26 ·cited 2×·via Mandatory Injunction
  Raymond Tobler appealed the denial of his request for injunctive relief and declaratory judgment challenging a city zoning ordinance prohibiting his massage parlor operation, and also challenged the validity of the municipal court prosecuting him. The court affirmed the lower cou
• GIL v. De Marco
  296 So. 2d 660· Fla. 3d DCA· 1974-06-25 ·cited 2×
  Plaintiff sought an injunction against defendant's alleged violations of zoning ordinance provisions regarding fire resistance and masonry construction. The trial court denied the injunction on the fire resistance ground but did not address the masonry construction requirement. T
• Kline v. Cason Rankin
  489 F.2d 387· 5th Cir.· 1974-02-11 ·cited 2×
  The court held that the district court erred in dismissing the complaint without convening a three-judge court, as the constitutional claims were not insubstantial due to res judicata.
• City OF Miami Beach v. DOR Rich, Inc.
  289 So. 2d 52· Fla. 3d DCA· 1974-01-31 ·cited 2×
  The City of Miami Beach appealed interlocutory orders granting injunctions that prevented enforcement of a zoning ordinance against tenants of an apartment hotel. The court reversed, holding that the tenants were bound by prior litigation concerning the same zoning ordinance and
• Young v. Nat'l Brands Tire Co., Inc.
  40 Fla. Supp. 143· Dade Cty. Cir. Ct.· 1974-01-24 ·cited 2×
  The court declared Florida Statute 818.01 repealed by the later enactment of Florida Statute 679.311, finding the two statutes to be repugnant and inconsistent. The court also dismissed the plaintiffs' claims for malicious prosecution, damages for emotional distress, and violatio
• Mathis v. Purdy
  40 Fla. Supp. 17· Dade Cty. Cir. Ct.· 1973-12-19 ·cited 2×
  This case challenges the constitutionality of Florida Statute 222.06 as applied by Dade County sheriff's office, which allowed seizure of personal property pursuant to a writ of execution without providing judgment debtors a pre-seizure hearing on their entitlement to the $1,000
• AID, Inc. v. Cravero
  286 So. 2d 281· Fla. 4th DCA· 1973-12-14 ·cited 2×
  AID, Inc. purchased a hospital facility from stockholders of Margate Health Center and Margate General Hospital, including a non-competition clause restricting the sellers from competing within a 10-mile radius for five years. The trial court voided the non-competition clause und
• Fergus M. Sloan v. NEW York Stock Exch., Inc.
  489 F.2d 1· 2d Cir.· 1973-12-11 ·cited 2×·via Preliminary Injunction
  The court affirmed the denial of preliminary injunctive relief, holding that the Exchange's disciplinary proceedings were not shown to be biased and that discovery requests were either premature or moot.
• Glover v. McMURRAY
  487 F.2d 403· 2d Cir.· 1973-11-07 ·cited 2×·via Preliminary Injunction
  The court should affirm the district court's order granting a preliminary injunction because the plaintiffs demonstrated a substantial likelihood of success on the merits and irreparable harm.
• Janis Dev. Corp. v. City OF Sunrise
  40 Fla. Supp. 41· Broward Cty. Cir. Ct.· 1973-10-05 ·cited 2×
  This case challenges Broward County Ordinance 73-2, which imposed fees on new residential construction to offset infrastructure impacts. The court held that the ordinance is unconstitutional because it operates as an unauthorized tax rather than a valid regulatory fee, violates t
• Martin J. Awbrey and wife v. City OF Panama City Beach
  283 So. 2d 114· Fla. 1st DCA· 1973-09-27 ·cited 2×·via Mandatory Injunction
  Homeowners sought damages and injunctive relief after a municipality constructed a sewer lift station in the street right-of-way adjacent to their property, obstructing approximately 24 feet of their frontage and impairing access to the street. The court affirmed summary judgment
• N. Petrochemical Co. v. Tomlinson
  484 F.2d 1057· 7th Cir.· 1973-08-28 ·cited 2×·via Injunction Pendente Lite
  The court held that a trade secret owner is not entitled to an injunction against use of the secret for a period longer than it would have taken to independently develop it, especially when the alleged thief has not yet commercially exploited the secret.
• S. Ry. Co. v. Doyle Combs
  484 F.2d 145· 6th Cir.· 1973-08-14 ·cited 2×·via Injunction Pending Appeal
  The court held that the doctrine of primary jurisdiction requires referral to the National Mediation Board to determine if Motor Transport is a 'carrier' under the Railway Labor Act before a federal court can enjoin picketing.
• Mason v. DeGEORGE
  483 F.2d 521· 4th Cir.· 1973-08-13 ·cited 2×·via Interlocutory Injunction
  The court held that the state failed to demonstrate irreparable harm, a necessary prerequisite for an interlocutory injunction.
• Cass v. United States
  483 F.2d 220· 9th Cir.· 1973-08-01 ·cited 2×·via Preliminary Injunction
  The court held that the rounding provision of 10 U.S.C. § 687(a)(2) does not apply to the five-year eligibility requirement for readjustment pay, and a preliminary injunction cannot create eligibility.
• L. A. Concrete Pumping, Inc. v. Majich
  483 F.2d 524· 9th Cir.· 1973-07-12 ·cited 2×·via Dissolution Of Injunction
• Am. Postal Workers Union, AFL-CIO v. Indep. Postal Sys. OF Am., Inc.
  481 F.2d 90· 6th Cir.· 1973-06-26 ·cited 2×
  A union representing postal employees lacks standing to sue private mail carriers under the Private Express Statute, as the statute is criminal and does not create a private right of action for their benefit.
• On-Line Sys., Inc. v. Staib
  479 F.2d 308· 8th Cir.· 1973-05-31 ·cited 2×·via Preliminary Injunction
  The court held that a non-competition clause lacking geographic limitations is likely unenforceable under Pennsylvania law, and the preliminary injunction based on it was therefore improper.
• Stephens v. Bd. OF Cnty. Comm'rs OF Okaloosa Cnty.
  278 So. 2d 269· Fla.· 1973-05-09 ·cited 2×
  The court held that the special law authorizing Okaloosa County to regulate garbage collection and the county resolution were constitutional, except for a specific penalty provision in the resolution which was unconstitutional.
• Matya v. United States
  478 F.2d 330· 8th Cir.· 1973-04-19 ·cited 2×·via Preliminary Injunction
  The court held that the plaintiff sued the wrong party, the United States, which is immune from suit without its consent, and therefore the case must be dismissed.
• Gerri Betz v. Jacksonville Transp. Auth.
  277 So. 2d 769· Fla.· 1973-04-11 ·cited 2×
  Plaintiffs challenged Jacksonville Transportation Authority's acquisition of a private bus system as an unconstitutional lending of public credit and abuse of discretion. The Florida Supreme Court affirmed the trial court's dismissal, holding that the acquisition served a legitim
• Thompson v. Groshens
  475 F.2d 127· 3d Cir.· 1973-03-06 ·cited 2×
  The court held that a federal court should not entertain an injunction action to relitigate constitutional challenges to a state statute already rejected by state courts.
• Aerojet-General Corp. v. Reubin O'Donovan Askew
  476 F.2d 184· 5th Cir.· 1973-03-05 ·cited 2×
  The court held that the district court's dissolution of an injunction was improvidently granted because the removal of the underlying state court action eliminated the stated grounds for abstention.
• Canal Theatres, Inc. v. Murphy
  473 F.2d 4· 2d Cir.· 1973-01-26 ·cited 2×
  Federal courts must abstain from enjoining state administrative and judicial proceedings when a party can raise constitutional claims in state court.
• Granny Goose Foods, Inc. v. Bhd. OF Teamsters & Auto Truck Drivers
  472 F.2d 764· 9th Cir.· 1973-01-18 ·cited 2×·via Preliminary Injunction
  A temporary restraining order issued by a state court remains in full force and effect after removal to federal court until dissolved or modified by the federal district court, irrespective of state-law time limitations.
• United Transp. Union E v. Burlington N., Inc.
  470 F.2d 813· 8th Cir.· 1972-12-18 ·cited 2×·via Preliminary Injunction
  The court held that the dispute was within the exclusive jurisdiction of the National Railroad Adjustment Board and that injunctive relief was not warranted pending the Board's decision.
• Kittridge Troxler v. ST. John THE Baptist Parish Police Jury
  469 F.2d 647· 5th Cir.· 1972-11-30 ·cited 2×·via Injunctive Decree
  The court held that the district court did not err in clarifying its prior injunctive order regarding candidate residency, even if it affected the outcome of a state election.
• United States v. Springer
  478 F.2d 43· 9th Cir.· 1972-11-30 ·cited 2×
  The court held that a temporary injunction was improperly granted without a final judgment and proof of irreparable harm.
• McGREW v. Tarr
  469 F.2d 1087· 9th Cir.· 1972-11-27 ·cited 2×·via Request For Injunction
  The court held that the 1971 amendments to the Selective Service Act did not reenact a ninety-day moratorium, and the authority to induct did not lapse.