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

• Livesay Indus., Inc. v. Livesay Window Co., Inc.
  256 F.2d 1· 5th Cir.· 1958-06-24 ·cited 2×
  The court held that the evidence did not sustain a finding that the appellees acted with the requisite knowledge and intent to violate the injunction by selling frames that could be adapted for infringement.
• Aulbert J. Brannen v. L. B. Willoughby (Thelma B. Willoughby
  257 F.2d 580· 5th Cir.· 1958-06-23 ·cited 2×·via Preliminary Injunction
  The court held that the appeal from the order granting temporary relief is moot because the relevant tobacco selling season has concluded.
• United States v. A-l Meat Co., Inc.
  255 F.2d 491· 2d Cir.· 1958-05-23 ·cited 2×·via Interlocutory Injunction
  The court held that the district court correctly granted summary judgment for the government because it lacked jurisdiction to review the validity of the administrative order demanding restitution of subsidy payments, and the appellant had ample opportunity to pursue administrati
• Shelton A. Sossamon v. Vincent
  103 So. 2d 108· Fla.· 1958-04-30 ·cited 2×
  The Florida Supreme Court held that the Structural Pest Control Board has independent authority to initiate disciplinary charges against pest control operators for violations of regulations, and does not require the State Board of Health to first lodge complaints before proceedin
• Fuqua v. United Steelworkers OF Am. (AFL-CIO)
  253 F.2d 594· 6th Cir.· 1958-03-28 ·cited 2×·via Request For Injunction
  The court held that the district court erred in issuing a permanent injunction because the plaintiffs failed to demonstrate the clear and immediate danger of irreparable injury required for federal equitable intervention to restrain state criminal proceedings.
• Indep. Film Distribs., Ltd. v. Chesapeake Indus., Inc.
  250 F.2d 951· 2d Cir.· 1958-01-02 ·cited 2×·via Preliminary Injunction
  The court held that the district court erred in granting summary judgment and should have instead granted a preliminary injunction pending a trial on the merits regarding the validity of the lien and subsequent sale.
• Mrs. Margaret Jackson v. Colonel William A. Kuhn
  249 F.2d 209· 8th Cir.· 1957-11-20 ·cited 2×
  The court denied motions for summary disposition and dismissal as moot, finding the issues not unsubstantial enough to warrant immediate action without full briefing.
• Murphy v. Love
  249 F.2d 783· 10th Cir.· 1957-10-29 ·cited 2×·via Mandatory Injunction
  Kansas cannot seize liquor shipments to a military reservation for non-compliance with state tax stamp requirements when the state lacks statutory authority to collect such taxes on the reservation and the seizure unduly burdens interstate commerce.
• United States ex rel. The Shoshone Indian Tribe and The Arapahoe Indian Tribe of the Wind River Reservation in Wyoming v. Seaton
  248 F.2d 154· D.C. Cir.· 1957-09-05 ·cited 2×
  The court held that the 1953 Act extinguished all tribal rights to the lands, including mineral rights, making them part of the public domain subject to general leasing laws.
• The Cowlitz Tribe OF Indians v. City OF Tacoma
  253 F.2d 625· 9th Cir.· 1957-08-16 ·cited 2×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction.
• Ercona Camera Corp. & Steelmasters v. Brownell
  246 F.2d 675· D.C. Cir.· 1957-05-16 ·cited 2×
  The court affirmed the denial of the preliminary injunction, finding it a proper exercise of discretion, and dismissed the appeal from the denial of summary judgment.
• Miller v. Jennings
  243 F.2d 157· 5th Cir.· 1957-04-12 ·cited 2×
• Atl. Coast Line R.R. Co. v. City OF ST. Petersburg
  242 F.2d 613· 5th Cir.· 1957-04-05 ·cited 2×
  The court held that the federal district court properly declined jurisdiction because adequate state court review was available for the Railroad's claims regarding the state commission's order.
• United States v. Fauci
  242 F.2d 237· 1st Cir.· 1957-03-20 ·cited 2×
  The court held that the order directing trustees to pay monthly sums from trust income is not an appealable injunction under 28 U.S.C. § 1292(1).
• Sun-Maid Raisin Growers OF California v. Cal. Packing Corp.
  244 F.2d 895· 9th Cir.· 1957-01-16 ·cited 2×
  The court held that while the appeal was dismissed, permission was granted to the appellant to file a motion in the District Court to modify the injunction.
• Lester v. Parker
  235 F.2d 787· 9th Cir.· 1956-08-27 ·cited 2×
  The court held that the district court's decree, entered to carry out a prior mandate, was in conformity with the appellate court's decision and within the trial court's jurisdiction.
• Pocock v. Town OF Medley
  89 So. 2d 162· Fla.· 1956-08-08 ·cited 2×
  The Town of Medley sought to enjoin the Pococks from interfering with its use of a 60-foot right-of-way for a public road across their property and to compel removal of their home and fence. The Florida Supreme Court reversed the lower court's finding that the road had been dedic
• Smith v. BUS Stops OF Greater Miami, Inc.
  89 So. 2d 221· Fla.· 1956-08-08 ·cited 2×
  The Florida Supreme Court held that a city lacks implied authority to grant a private corporation the right to place advertising markers on public streets, even absent express statutory prohibition. The decision reversed dismissal of a nuisance suit brought by property owners opp
• AETNA Life Ins. Co. v. Tex. Gulf Sulphur Co.
  235 F.2d 791· 5th Cir.· 1956-08-03 ·cited 2×
  The court held that the Texas Gulf contract, unlike the Freeport contract, had a significantly different bargain regarding premium escalation periods, justifying a different termination date.
• Am. Tel. & Tel. Co. v. Barrow
  9 Fla. Supp. 184· Nassau Cty. Cir. Ct.· 1956-07-12 ·cited 2×
  American Telephone & Telegraph Company sought a temporary injunction to prevent property owner John G. Barrow from interfering with AT&T's underground cable facilities and easement rights on his land in Nassau County, Florida. The trial court granted the injunction, finding that
• Nongard v. Burlington Cnty. Bridge Comm'n
  229 F.2d 622· 3d Cir.· 1956-02-03 ·cited 2×
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings unless expressly authorized by Congress or necessary to aid federal jurisdiction or protect federal judgments. A claim for restitution of funds paid for bonds later invalidated by a state cou
• Phillips Petroleum Co. v. HAM
  228 F.2d 217· 5th Cir.· 1955-12-13 ·cited 2×·via Suit For Injunction
  The court held that the communitization agreement superseded the lessor's right to take royalty gas in kind, and the lessor was bound by the agreement to accept proceeds.
• Lambert v. Mullan
  83 So. 2d 601· Fla.· 1955-11-18 ·cited 2×
  The Florida Supreme Court held that registered nurses are not engaged in the practice of a "profession" subject to the state occupational license tax under Section 205.52, Florida Statutes. The court examined legislative history showing that the 1929 law separately classified nur
• Doehla Greeting Cards, Inc. v. Summerfield
  227 F.2d 44· D.C. Cir.· 1955-11-03 ·cited 2×
  The court held that a suit seeking to enjoin the Postmaster General's action regarding parcel post rates, even if based on an alleged error in statutory interpretation, is a suit against the United States and barred by sovereign immunity unless the officer acted ultra vires or un
• Jones v. Brown
  82 So. 2d 889· Fla.· 1955-09-21 ·cited 2×
  The Florida Supreme Court upheld a lower court's refusal to dismiss a complaint by a property owner challenging a state road department's condemnation of right-of-way for storm sewers and pipelines that would allegedly destroy her freshwater lake. The court rejected the state's s
• Sw. GAS & Elec. Co. v. The City OF Gilmer
  224 F.2d 794· 5th Cir.· 1955-08-09 ·cited 2×
  A private party cannot challenge a corporation's ultra vires acts; only the state can bring such a suit.
• Olan Mills v. Panama City
  78 So. 2d 561· Fla.· 1955-03-09 ·cited 2×
  Olan Mills, a photography business engaged in interstate commerce, challenged a Panama City ordinance imposing discriminatory license taxes on itinerant photographers and out-of-state agents. The Florida Supreme Court reversed the dismissal, holding that the ordinance constituted
• Bennett v. City OF Fort Lauderdale
  78 So. 2d 567· Fla.· 1955-03-09 ·cited 2×
  Property owners challenged a municipal contract with a railroad company to construct two grade crossings, alleging deviation from the city's master plan and statutory violations. The Florida Supreme Court affirmed the dismissal, holding that the city had authority to enter the co
• Harris v. Britton
  218 F.2d 45· D.C. Cir.· 1954-12-30 ·cited 2×·via Interlocutory Injunction
  The court affirmed the District Court's judgments, upholding the deputy commissioner's findings and orders regarding employer status and compensation defaults.
• The Bowdil Co. v. Cent. Mine Equip. Co.
  216 F.2d 156· 8th Cir.· 1954-10-28 ·cited 2×·via Modification Of Injunction
  The court held that the district court erred in modifying an injunction based solely on the expiration of a patent and the plaintiff's discontinuation of a specific product line, as these changes did not eliminate the risk of unfair competition or trademark infringement.
• Perez v. Trifiletti
  74 So. 2d 100· Fla.· 1954-08-06 ·cited 2×
  The Florida Supreme Court affirmed an injunction against union appellants for conducting an intimidating and violent strike against Cover Girl, Inc., rejecting their argument that federal labor law preempts state court jurisdiction. The court held that while states cannot regulat
• Shrode v. Rowoldt
  213 F.2d 810· 8th Cir.· 1954-06-17 ·cited 2×
  The court held that after six months from a final deportation order, the Attorney General's authority is limited to supervision, not detention or requiring bond.
• Weber v. Fla. State Bd. of Optometry
  73 So. 2d 408· Fla.· 1954-06-15 ·cited 2×
  The Florida Supreme Court held that a licensed naturopathic physician is not a "physician" within the meaning of the optometry licensing statute and therefore cannot practice optometry without obtaining an optometry license. The court interpreted the statutory exemption for "phys
• Chugach Elec. Ass'n, Inc. v. City of Anchorage
  214 F.2d 110· 9th Cir.· 1954-06-08 ·cited 2×
  The court held that the city's statute permitting service to "contiguous and adjacent districts" allows service to areas that are either contiguous or adjacent, and that "districts" refers to geographical areas, not necessarily organized utility districts.
• Nat'l Lawyers Guild v. Brownell
  215 F.2d 485· D.C. Cir.· 1954-05-04 ·cited 2×·via Interlocutory Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the appellant failed to show a clear error or irreparable harm that would justify bypassing administrative remedies.
• Harris v. Briscoe
  212 F.2d 619· D.C. Cir.· 1954-04-22 ·cited 2×·via Interlocutory Injunction
  An employer is entitled to supersedeas of a judgment entered under § 18 of the Longshoremen's and Harbor Workers' Compensation Act, as in civil suits at common law, unless another provision of the Act expressly forbids it.
• Cincinnati Shoe MFG. Co. v. Vigorith
  212 F.2d 583· 6th Cir.· 1954-04-09 ·cited 2×
  The court held that state courts can try questions of title to patents, and the Declaratory Judgments Act does not confer jurisdiction by itself.
• City of Fort Lauderdale v. Carter
  71 So. 2d 260· Fla.· 1954-03-23 ·cited 2×
  The Florida Supreme Court held that a city's ad valorem tax on garbage collection imposed on all property in the city is a general tax, not a special assessment, and therefore cannot be levied against homestead property exempt under the Florida Constitution.
• Smith v. Landis
  211 F.2d 166· 5th Cir.· 1954-03-12 ·cited 2×
  A devolutive appeal from a judgment rejecting a claim of nullity and ordering a sale does not stay the execution of that judgment, and a sale conducted under such a judgment is valid against a subsequent claim of nullity based on a later reversal of the original underlying judgme
• Hartwig v. United States
  209 F.2d 604· 9th Cir.· 1954-01-14 ·cited 2×·via Mandatory Injunction
  The court held that a genuine issue of material fact existed regarding whether the dwellings were sold in excess of the maximum price, precluding summary judgment.
• Dragna v. Landon
  209 F.2d 26· 9th Cir.· 1953-12-19 ·cited 2×
• Carvell v. Viglianco
  67 So. 2d 240· Fla.· 1953-09-11 ·cited 2×
  Carvell, a holder in due course of a promissory note, sought to collect it against Viglianco in a common-law action. Viglianco filed an equity suit alleging the note had been altered, obtaining a temporary restraining order. The Florida Supreme Court held that equity should not h
• People of Colorado Ex rel. Watrous v. Dist. Court of United States for Dist. of Colo.
  207 F.2d 50· 10th Cir.· 1953-09-09 ·cited 2×·via Action For Injunction
  The court held that federal courts have jurisdiction to determine if state action constitutes a taking of private property without just compensation, even if state courts might offer a remedy.
• Hall v. Hanford
  66 So. 2d 474· Fla.· 1953-07-17 ·cited 2×
  Hall v. Hanford concerns whether an amended complaint alleging property boundary encroachments sufficiently states a cause of action for injunctive relief, and whether a bond from the first injunction proceeding can secure a second injunction. The Florida Supreme Court held that
• Clary v. Lamont
  67 So. 2d 227· Fla.· 1953-05-15 ·cited 2×
  The Florida Supreme Court affirmed an injunction preventing a property owner from selling intoxicating liquors except as an adjunct to regular meals. The court rejected arguments that the restrictive covenant had become unenforceable due to neighborhood changes or that the owner
• Warner Holding Co. v. United States
  204 F.2d 156· 8th Cir.· 1953-05-04 ·cited 2×·via Permanent Injunction
  The court held that payments for decorating, required as a condition of rental, constituted rent and were subject to maximum rent regulations, even if paid during a statutory hiatus. The court also affirmed the issuance of a permanent injunction.
• Murphy v. Bankers Commercial Corp.
  203 F.2d 645· 2d Cir.· 1953-04-06 ·cited 2×·via Injunction Pendente Lite
  The court held that a bankruptcy court should not enjoin foreclosure proceedings instituted prior to bankruptcy when the security interest was acquired more than four months before filing, absent proof of irreparable injury.
• Pinsky v. United States
  203 F.2d 7· 9th Cir.· 1953-03-11 ·cited 2×
  The court held that the substitution of the United States as plaintiff was proper and that the housing accommodations were not a hotel exempt from rent control regulations. The judgment for rent overcharges was affirmed.
• Jasper v. Sawyer
  205 F.2d 700· D.C. Cir.· 1953-02-19 ·cited 2×
  The court held that the plaintiff lacked standing to sue because his claims were speculative and premature, and the suit was barred as an action against the United States without its consent.
• United States v. Kovich
  201 F.2d 470· 7th Cir.· 1953-01-27 ·cited 2×·via Mandatory Injunction
  The court held that the order directing the landlord to return unspecified personal property was void for lack of evidence and uncertainty.