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

• Caci Field Servs., Inc. v. The United States
  854 F.2d 464· Fed. Cir.· 1988-08-11
  The court held that CACI failed to prove prejudice from alleged procurement regulation violations, thus affirming the dismissal of its bid protest.
• McKAY v. Townson
  528 So. 2d 977· Fla. 2d DCA· 1988-07-22
  Kirk McKay appealed a summary judgment finding deed restrictions unenforceable. The restrictions, contained in a 1976 deed McKay conveyed to Townson's predecessor, reserved McKay's right to use the lake surface and prohibited uses detrimental to McKay's adjacent property. The cou
• Moishe's Inc. v. Moishe's Steak House & Seafood, Inc.
  528 So. 2d 519· Fla. 4th DCA· 1988-07-20 ·via Temporary Injunction
  Moishe's Inc., a Montreal restaurant operating for over 50 years, appealed the denial of a temporary injunction against a North Miami Beach restaurant using a similar name and logo. The court affirmed the denial, finding insufficient evidence of trademark infringement because the
• Orange W., Ltd. v. City OF Winter Garden
  528 So. 2d 84· Fla. 5th DCA· 1988-07-07
  Orange West sought to convert a rental mobile home park into a condominium and sell individual lots, but the City of Winter Garden blocked the sales based on zoning ordinances requiring single ownership and proper platting. The court upheld the City's authority to enforce subdivi
• Am. Littoral Soc'y v. Herndon
  720 F. Supp. 942· S.D. Fla.· 1988-06-10 ·via Permanent Injunction
  The court held that the Corps of Engineers adequately considered the project's impact on recreation and that the City's compliance, past and promised, satisfied the Fish and Wildlife Service's requirements under the Endangered Species Act.
• Rowland v. United States Dist. Court FOR the N. Dist. OF Cal.
  849 F.2d 380· 9th Cir.· 1988-06-07 ·via Permanent Injunction
  The majority unduly confined the district court's equitable powers by issuing mandamus and preventing an inspection to determine if an injunction was violated.
• Unisys Corp. v. Dataware Prods., Inc.
  848 F.2d 311· 1st Cir.· 1988-06-06 ·via Preliminary Injunction
  The court held that the district court had jurisdiction to grant preliminary relief and did not abuse its discretion in doing so, as the bankruptcy trustee had abandoned the relevant causes of action.
• Pub. Serv. Co. OF NEW Hampshire v. Consol. Utils. & Commc'ns, Inc.
  846 F.2d 803· 1st Cir.· 1988-05-13 ·via Preliminary Injunction
  The appeal from the preliminary injunctions is moot because PSNH's bankruptcy filing has rendered the issues academic and there is no reasonable expectation of recurrence.
• Swoboda v. Pala Mining, Inc.
  844 F.2d 654· 9th Cir.· 1988-04-14
  The court held that the owner of a mining claim has extralateral rights to a vein even if it extends under adjacent Indian reservation land, provided the mineral rights to the reservation land were subject to pre-existing valid claims. The court also held that service of notice f
• Burke v. Piccione
  523 So. 2d 664· Fla. 2d DCA· 1988-03-16
  In this deed reformation case, the Florida District Court of Appeal reversed the trial court's denial of sellers' request to reform a condominium deed. The deed erroneously included a covered parking space in its legal description due to a scrivener's error, despite the parties'
• United States v. Whizco, Inc.
  841 F.2d 147· 6th Cir.· 1988-03-07 ·via Mandatory Injunction
  The court held that a debtor's obligation to reclaim a mine site is dischargeable in bankruptcy to the extent that fulfilling the obligation would require the debtor to spend money.
• Dep't OF Corr. v. Croce
  520 So. 2d 695· Fla. 4th DCA· 1988-03-02 ·via Temporary Injunction
  The court held that a temporary injunction was improperly granted because the appellee failed to exhaust administrative remedies and did not demonstrate irreparable harm or lack of adequate legal remedies.
• Fed. Trade Comm'n v. Owens-Illinois, Inc.
  841 F.2d 1132· D.C. Cir.· 1988-02-19 ·via Injunction Pending Appeal
• Tetra Sales (U.S.A.) v. T.F.H. Publ'ns, Inc.
  839 F.2d 881· 2d Cir.· 1988-02-03 ·via Preliminary Injunction
  The court held that the preliminary injunction was too indefinite regarding inventory violations and vacated that portion, while affirming the injunction as to other violations of the settlement agreement.
• The City OF NEW Smyrna Beach v. Cnty. OF Volusia
  518 So. 2d 1379· Fla. 5th DCA· 1988-01-28
  The City of New Smyrna Beach challenged a Volusia County Charter amendment establishing a Beach Trust Commission and authorizing a countywide Unified Beach Code to regulate beach access and safety. The court affirmed the amendment's facial constitutionality, holding that the amen
• Martinez v. Sch. Bd. of Hillsborough Cnty.
  675 F. Supp. 1574· M.D. Fla.· 1987-12-23 ·via Preliminary Injunction
  The court held that the potential harm to others from returning Eliana Martinez to a classroom setting outweighed the plaintiff's interests, and therefore denied the motion for a preliminary injunction.
• Hillsborough Cnty. & Univ. of S. Fla. v. Snyder
  516 So. 2d 1105· Fla. 2d DCA· 1987-12-18 ·via Permanent Injunction
  An executive director of the Humane Society sought to enjoin Hillsborough County and USF from transferring animals from the county pound to the university for medical research (pound seizure). The trial court granted the injunction, finding the practice violated the county's ordi
• THE Florida BAR v. Wishnefsky
  515 So. 2d 1284· Fla.· 1987-12-10
  The Florida Bar petitioned the court to charge Bruce Wishnefsky with the unauthorized practice of law. The court approved a stipulation between the parties, issuing a permanent injunction against Wishnefsky to prevent him from engaging in activities that constitute the practice o
• Mitson v. Coler
  674 F. Supp. 851· S.D. Fla.· 1987-12-01 ·via Preliminary Injunction
  The court held that unreimbursed medical expense portions of Veterans Administration Improved Pensions (VAIP) should not be counted as income for determining Medicaid Institutional Care Payments (ICP) eligibility.
• Etalook v. Exxon Pipeline Co.
  831 F.2d 1440· 9th Cir.· 1987-11-05
  The court held that Alyeska Pipeline Service Company properly condemned rights of way across the allotment through formal condemnation proceedings, and that the district court correctly determined damages and ownership of improvements, affirming the grant of summary judgment.
• Soc'y OF Prof'l Journalists v. The Sec'y OF Labor
  832 F.2d 1180· 10th Cir.· 1987-10-30 ·via Preliminary Injunction
  The court should not address the merits of the case because it is moot, as the challenged action was too short to be fully litigated and there is no reasonable expectation of recurrence.
• Baldomero Arbona Torres v. Awilda Aponte Roque
  831 F.2d 26· 1st Cir.· 1987-10-16 ·via Preliminary Injunction
  The court affirmed the preliminary injunction, finding sufficient evidence that plaintiffs' political affiliation was a substantial factor in their non-reappointment and that defendants failed to prove the non-renewals would have occurred regardless of political affiliation.
• Catalytic, Inc. v. Monmouth & Ocean Cnty. Bldg. Trades Council
  829 F.2d 430· 3d Cir.· 1987-09-23
  A union's handbilling at a plant gate, which effectively induces a work stoppage and violates a collective bargaining agreement's no-strike clause, is not protected activity and can be enjoined, even if the union claims the dispute is with a third party.
• United States v. Lehder-Rivas
  669 F. Supp. 1563· M.D. Fla.· 1987-09-18 ·via Permanent Injunction
  The court held that a defendant's First Amendment rights to conduct a jury profile survey must yield to the government's compelling interest in ensuring a fair trial, especially when the survey poses a serious and imminent threat to the administration of justice.
• Beeler v. State
  513 So. 2d 710· Fla. 1st DCA· 1987-09-17 ·via Permanent Injunction
  The Florida First District Court of Appeal reversed the trial court's denial of motions to dissolve a temporary injunction and appointment of a receiver that were granted without notice to the appellants in a securities fraud investigation. The court held that the State failed to
• Meredith v. Talbot Cnty.
  828 F.2d 228· 4th Cir.· 1987-09-08 ·via Mandatory Injunction
  The court held that the district court did not err in abstaining under both the Burford and Pullman doctrines and dismissing the complaint.
• Anne Caldwell v. Puget Sound Elec. Apprenticeship & Training Tr.
  824 F.2d 765· 9th Cir.· 1987-08-11 ·via Injunction Bond
  The district court had jurisdiction to order restitution of front pay after the initial judgment was reversed, as restitution is an equitable remedy consistent with the appellate mandate.
• Ins. Corp. OF Am. v. State
  509 So. 2d 1235· Fla. 4th DCA· 1987-07-08 ·via Permanent Injunction
• Mayer v. Ridgeview Towers, Inc.
  508 So. 2d 1341· Fla. 4th DCA· 1987-07-01
• Hekimian Labs., Inc. v. Domain Sys., Inc.
  664 F. Supp. 493· S.D. Fla.· 1987-06-23 ·via Preliminary Injunction
  The court held that the restrictive covenant in Boyer's employment contract was enforceable, granting HLI's motion for a preliminary injunction.
• Herself v. Bd. OF Elections
  821 F.2d 191· 3d Cir.· 1987-06-16 ·via Petition For Injunction
  The court held that partially invalid ballots must be counted for offices where the voter's intent is apparent, as Virgin Islands law prioritizes voter intent over a strict total invalidity rule for mismarked ballots.
• Long v. Salt River Valley Water Users' Assn.
  820 F.2d 284· 9th Cir.· 1987-06-15
  The court held that the federal reclamation statutes at issue do not confer a private right of action, affirming the dismissal of the plaintiffs' claims.
• Peninsula Fed. Sav. & Loan Ass'n. v. Fed. Sav. & Loan Ins.
  663 F. Supp. 506· S.D. Fla.· 1987-06-11 ·via Mandatory Injunction
  The court held that it has subject matter jurisdiction over claims that integrally involve adversarial rights arising during a receivership, even if they also involve pre-receivership claims, and therefore, exhaustion of administrative remedies is not required.
• Bentley v. Levine
  507 So. 2d 1204· Fla. 4th DCA· 1987-06-03 ·via Temporary Injunction
  The court held that a temporary injunction was improperly granted when the complaint sought only money damages and lacked a prayer for equitable relief.
• Va. Plastics Co. v. Biostim Inc.
  820 F.2d 76· 1st Cir.· 1987-05-29 ·via Injunction Bond
  The court held that the evidence presented was insufficient to support the district court's order holding the surety liable on the injunction bond, as the obligee failed to prove damages directly attributable to the injunction.
• THE Florida BAR v. Jomar Aurelio Valdes
  507 So. 2d 609· Fla.· 1987-05-21
  The respondent is found in indirect criminal contempt for the unauthorized practice of law and permanently enjoined from practicing law in Florida.
• Merit Stainless Steel, Inc. v. Nippon Stainless Steel Co., Ltd.
  818 F.2d 532· 6th Cir.· 1987-05-11
  The court held that an order staying litigation pending arbitration is not appealable under 28 U.S.C. § 1292(a)(1) if the underlying action is predominantly equitable in nature.
• Thompson v. Jiro J. Enomoto
  815 F.2d 1323· 9th Cir.· 1987-04-30
  The court held that an order appointing a special master to monitor compliance with a consent decree is not immediately appealable under 28 U.S.C. § 1292(a)(1) because it does not have the practical effect of granting or denying an injunction and the appellant failed to show irre
• Graham v. Wolmer
  505 So. 2d 637· Fla. 4th DCA· 1987-04-15
  Florida state officials appealed a trial court judgment that declared chapter 25714 (a 1949 law prohibiting net fishing in Broward County) unconstitutional as applied to three commercial and marine life fishermen, and that made permanent injunctions against enforcement of the sta
• In re Runnells v. Runnells
  815 F.2d 969· 4th Cir.· 1987-04-03
  The court held that the appellant's contempt was civil, not criminal, and that he received adequate notice and procedural protections, affirming the contempt order.
• State of Fla.: Bob Graham v. Hodges
  506 So. 2d 437· Fla. 1st DCA· 1987-03-27
  Florida challenged a trial court's finding that section 370.153(4)(b) of Florida's shrimping regulations was unconstitutionally vague as applied to Nassau County. The appellate court reversed, holding that the statute clearly restricts dead shrimp production to the St. Johns Rive
• Lloyd Citrus Trucking, Inc. v. Treesweet Prods., Inc.
  53 F. Supp. 1009· S.D. Fla.· 1987-03-10 ·via Temporary Injunction
  The court held that citrus fruit and products are not covered by Fla.Stat. § 713.62, and therefore, the plaintiff failed to state a cause of action for lien foreclosure or injunctive relief.
• State OF Ala. v. Lyng
  811 F.2d 567· 11th Cir.· 1987-03-02
  The court held that the Food Security Act's prohibition on state sales taxes for food stamp purchases is a valid condition for state participation in the Food Stamp Program, and does not violate the Tenth Amendment.
• Condos. ON the Intracoastal Ass'n, Inc. v. Barnett Bank OF Palm Beach Cnty.
  502 So. 2d 84· Fla. 4th DCA· 1987-02-11 ·via Temporary Injunction
  The court held that a temporary injunction was improperly granted because the alleged injury was speculative and contingent, and the mortgagee failed to prove the essential elements for such relief.
• United States v. Harth
  527 F. Supp. 587· S.D. Fla.· 1987-02-09 ·via Preliminary Injunction
  The court held that the defendant's consent to search his boat was voluntary, and therefore the motion to suppress the seized cocaine should be denied.
• Carson v. Here's Johnny Portable Toilets, Inc.
  810 F.2d 104· 6th Cir.· 1987-01-26
  The court affirmed the district court's injunction and damage award, finding no waiver of damages and allowing the injunction to stand pending potential future modifications.
• J.F. Williams and Dura Williams v. City OF Arcadia
  501 So. 2d 148· Fla. 2d DCA· 1987-01-23
  A property licensed by the state as a public lodging establishment (transient apartment) under chapter 509, Florida Statutes, cannot be deemed a 'migrant labor camp' under chapter 381 merely because migrant workers occupy it, as the legislature intended such facilities to be regu
• Fran Welch Real Est. Sales, Inc. v. The Seabrook Island Co., Inc.
  809 F.2d 1030· 4th Cir.· 1987-01-20 ·via Preliminary Injunction
  The court held that prohibiting commercial signs on properties and a limited visitor access policy for real estate agents did not constitute unreasonable restraints of trade under the Sherman Act. A prior policy of refusing purchaser referrals from brokers with listings was a uni
• Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc.
  500 So. 2d 329· Fla. 1st DCA· 1986-12-30 ·via Temporary Injunction
• Miller v. Hotel & Rest. Emps. & Bartenders Union, Local 2, Hotel & Rest. Emps. & Bartenders Int'l Union, AFL-CIO
  806 F.2d 1371· 9th Cir.· 1986-12-23 ·via Petition For Injunction
  The court held that the district court erred in awarding attorney fees under the EAJA because the government was not substantially unjustified in proceeding with a hearing after receiving adverse evidence shortly before it.