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
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White's Place, Inc., operator of an adult entertainment establishment called The Gold Club, sought a preliminary injunction against the City of Jacksonville and Sheriff Glover to prevent enforcement of the Jacksonville Adult Entertainment and Services Code, alleging the ordinance
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The court held that the School Board is entitled to an injunction temporarily enjoining the 'stay-put' provision of the IDEA because the student's current placement poses a substantial likelihood of injury to others, and the School Board has made reasonable efforts to accommodate
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689 So. 2d 315·
Fla. 5th DCA·
1997-01-24
·cited 1×
Meadow Groves Management appealed a temporary injunction preventing it from selling a tenant's mobile home for unpaid rent. The court affirmed, holding that The Groves does not qualify under Florida's statutory lien procedure because it is not regularly engaged in the business of
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The court held that both the order granting temporary injunction and custody to the husband and the order transferring venue to Duval County were proper and should be affirmed.
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830 F. Supp. 676·
M.D. Fla.·
1996-02-21
·cited 1×
The court held that Mobil was not entitled to attorneys' fees and costs because it was not a prevailing or substantially prevailing party, and there was no evidence of bad faith by the plaintiff.
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664 So. 2d 263·
Fla. 3d DCA·
1995-10-18
·cited 1×
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The court held that Florida Statute § 43.29(1)(a), which mandates race and gender-based quotas for Judicial Nominating Commissions, violates the Fourteenth Amendment's Equal Protection Clause and is therefore unconstitutional.
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The court held that the IRS could collect an erroneous non-rebate refund without a new assessment because it had initiated an erroneous refund suit within the statutory period, providing sufficient notice.
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The court held that the plaintiffs' claims regarding the enforcement of immigration laws and the provision of social benefits to undocumented aliens were non-justiciable political questions or barred by sovereign immunity, and that the claim for funds from the Immigration Emergen
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The court held that the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e) barred the plaintiffs' claims based on alleged unwritten promises for end loan financing, and also defeated the plaintiffs' affirmative defenses to the FDIC's counterclaims.
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The court held that plaintiffs failed to establish a substantial likelihood of success on the merits for any of their claims, thus denying their emergency motion for a temporary restraining order.
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The court held that challenges to CERCLA removal actions are barred by 42 U.S.C. § 9613(h) until the action is completed, regardless of whether the challenge is brought under CERCLA or another statute like RCRA.
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The court held that a district court has the authority to grant a temporary restraining order in an arbitrable dispute to preserve the status quo, but this authority does not extend indefinitely once arbitration has commenced.
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The Federal Crop Insurance Corporation (FCIC) has the statutory authority to promulgate regulations preempting state laws that are inconsistent with its insurance policies, including those reinsured by the FCIC.
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A status quo injunction pending arbitration, when based on a contract's status quo provision, must be analyzed under specific performance principles, not preliminary injunction standards.
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The court held that the Holocaust Memorial is a non-public forum, and the City of Miami Beach's restriction on political speech within its grounds is reasonable and constitutional under the First Amendment.
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The court held that the 1990 amendment to 18 U.S.C. § 1345 did not limit the district court's authority to freeze assets in civil fraud cases not involving banking law violations. However, the court remanded because the district court froze untainted assets along with those trace
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987 F.2d 91·
2d Cir.·
1993-02-25
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The court held that Ikon Photographic Corp. infringed upon Nikon Inc.'s trademarks under the Lanham Act and New York law, and that a recall of Ikon's products was appropriate.
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The court held that PRMSA, as a political subdivision of Puerto Rico, is excluded from the definition of 'employer' under the LMRA, thus barring subject matter jurisdiction. It also held that the union did not breach its duty of fair representation by agreeing to seniority change
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The court held that Campbell failed to make a clear showing of immediate irreparable harm, which is required for a preliminary injunction.
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The court held that the dispute over staffing a new domicile in Paris was a 'minor dispute' under the Railway Labor Act, not subject to injunction, because United's actions were arguably justified by the collective bargaining agreement.
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A corporate officer who has actual notice of an injunction directed to the corporation can be held in criminal contempt for violating it, even if not personally named as a party in the original civil action.
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The Eleventh Amendment bars the Fund's MEPA claims against state defendants, and federal involvement is insufficient to enjoin state defendants for NEPA violations. The district court did not abuse its discretion in denying preliminary injunctive relief.
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The court affirmed the district court's decision to grant an injunction, finding that the Laker Airways test properly balanced international comity with the integrity of U.S. laws and jurisdiction.
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The court granted plaintiffs' request for supplemental findings regarding the APA and granted a limited injunction for First Amendment access, while denying other injunctive relief.
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The District Court for the Southern District of Florida granted preliminary injunctive relief to the Haitian Refugee Center (HRC) and individual Haitian plaintiffs challenging the U.S. government's forced repatriation of Haitians interdicted at sea without adequate procedural saf
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The court held that the plaintiff was not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988 because the lawsuit did not vindicate its rights, did not result in the cessation of the challenged behavior, and did not materially alter the legal relationship of the
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926 F.2d 484·
5th Cir.·
1991-03-21
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A district court does not have the power to stay a state court proceeding against a ship's master pending disposition of a limitation proceeding brought by the ship's owners, as 46 U.S.C.App. § 187 explicitly reserves remedies against masters.
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The court affirmed the denial of a preliminary injunction, finding that the plaintiff failed to demonstrate irreparable harm and that the issue of injunctive relief under Rule 65 is governed by federal procedural law.
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923 F.2d 195·
D.C. Cir.·
1991-01-18
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The court held that the mere existence of a court seal is insufficient to justify withholding documents under the Freedom of Information Act (FOIA); the seal must be intended to prohibit disclosure, akin to an injunction.
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912 F.2d 29·
2d Cir.·
1990-08-16
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The court held that defaulting defendants could not establish innocent infringement, thus their statutory damages must be increased to the statutory minimum of $500, while affirming judgments against consenting defendants where no evidence of infringement was presented and damage
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731 F. Supp. 1054·
S.D. Fla.·
1990-02-01
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An employer violated 28 U.S.C. § 1875 by intimidating, coercing, and changing the working conditions of a juror due to her jury service. The court ordered the employer to make up wage differentials, restore the juror's schedule, and reimburse attorney fees.
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The court held that the district court erred in issuing a preliminary injunction because the union failed to demonstrate irreparable harm, as the status quo could be substantially restored by an arbitrator's award.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction to prevent Singer from dissipating assets and in denying Singer's motion to approve certain transactions.
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The court held that while collateral security clauses are enforceable, the party seeking quia timet relief must establish a rational basis for fearing loss.
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719 F. Supp. 1065·
M.D. Fla.·
1989-08-23
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The court held that the display of a Latin cross atop a publicly owned water tower violates the Establishment Clause of the First Amendment because it lacks a secular purpose, has the primary effect of endorsing religion, and fosters excessive entanglement with religion.
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542 So. 2d 974·
Fla.·
1989-04-06
·cited 1×
The Florida Supreme Court upheld section 849.09, which prohibits the sale of out-of-state lottery tickets in Florida, holding that the Commerce Clause does not prevent Florida from interfering with such sales. The Court rejected petitioners' constitutional challenge, finding the
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The court held that the Comptroller's interpretation of the McFadden Act, defining 'state bank' by function rather than state label, is a reasonable exercise of authority consistent with the doctrine of competitive equality.
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The appellate court affirmed the trial court's denial of a motion to dissolve a temporary injunction, finding a sufficient basis in the record for the injunction.
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The court held that the INS regulation allowing suspension of H-1 visa holders' work authorizations during a strike is an impermissible assumption of legislative power and invalid as applied to H-1 visa holders.
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The court held that the plaintiff demonstrated a substantial likelihood of prevailing on its due process claim and equitable estoppel claim, justifying a preliminary injunction against the enforcement of the zoning ordinance as interpreted.
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The court held that the developer's denial of access to a franchised cable company to install its system in public rights-of-way and easements was an attempt to prevent competition and was unenforceable under the Cable Act.
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Phoenix Marine Enterprises obtained a permanent injunction and judgment for specific performance against Louis Leggio and Europa Yachts requiring them to sign documents and deliver the Master Carpenter's Certificate necessary to transfer a Hylas 46' vessel. After Leggio and Europ
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The court held that defendants infringed on plaintiff's trademark by selling counterfeit merchandise, entitling plaintiff to treble damages, attorneys' fees, and injunctive relief.
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The court denied the application for a preliminary injunction, finding that the plaintiffs failed to establish entitlement to such relief.
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The Hales appealed a trial court's 1980 injunction enforcing a 15-foot easement held by Miracle Enterprises, claiming the court lacked jurisdiction and was barred by res judicata from expanding the injunction's terms. The court held that because permanent injunctions remain in ef
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The Florida District Court of Appeal quashed a local administrative board's order requiring a union local with fewer than 15 employees to pay damages and attorney's fees for sexual harassment, finding the board exceeded its quasi-judicial authority by awarding equitable remedies
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832 F.2d 1391·
5th Cir.·
1987-12-02
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The proceeds from directors' and officers' liability insurance policies are not part of the debtor's bankruptcy estate, as the policies only provide coverage for the directors and officers themselves, not the corporation.
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The court held that the SEC failed to establish a likelihood of future violations, and therefore denied the motion for a preliminary injunction.
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The court held that the distance ordinances were facially valid time, place, and manner regulations, but the special uses ordinances restricting adult nightclubs to a specific zone were problematic and potentially unconstitutional as applied.