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

• City OF Boston v. Brinegar
  512 F.2d 319· 1st Cir.· 1975-03-05 ·via Preliminary Injunction
  The appeal is dismissed as moot because subsequent events, including a state court injunction and the issuance of a federal environmental impact statement, have resolved the issues raised.
• State of Fla. Dep't OF Commerce v. Altwill, Inc.
  309 So. 2d 64· Fla. 2d DCA· 1975-02-21 ·via Injunction Enforcement
  The court held that a statutory injunction prohibiting employers from hiring individuals must remain in effect until all delinquent unemployment compensation taxes are paid in full, and the trial court improperly granted a conditional discharge of the injunction.
• Moe Hirsch v. Fay Hirsch
  309 So. 2d 47· Fla. 3d DCA· 1975-02-18
  In this interlocutory appeal, the husband challenges a trial court order granting temporary attorney's fees to the wife and striking his pleadings for failure to comply with a discovery order. The appellate court affirmed the attorney's fees award but reversed and remanded the st
• McKENNA v. Fargo
  510 F.2d 1179· 3d Cir.· 1975-02-11 ·via Preliminary Injunction
  The court held that the district court erred in dismissing the case for lack of federal subject matter jurisdiction and that the appeal was not moot.
• United States v. State OF Tex.
  508 F.2d 98· 5th Cir.· 1975-02-03 ·via Preliminary Injunction
  The court held that the district court did not err in granting a preliminary injunction against the creation of splinter school districts, as it would likely violate a prior desegregation order and adversely affect the remaining district.
• Church OF GOD IN Christ, Inc. v. Reverend A. L. Cawthon
  507 F.2d 599· 5th Cir.· 1975-02-03
  The court held that the national church has a property interest in the local church property and can protect it from a dissident faction that renounced adherence to the national church.
• United States v. Youritan Constr. Co.
  509 F.2d 623· 9th Cir.· 1975-01-14
  The court held that a paragraph of the injunction requiring compliance with the Equal Employment Opportunity Act must be stricken because the action was brought solely to enforce the Fair Housing Act, and the defendants were not given adequate notice or opportunity to defend agai
• Buckeye Cellulose Corp. v. Bevis
  308 So. 2d 145· Fla. 1st DCA· 1975-01-08
  Buckeye Cellulose appealed the trial court's invalidation of an arbitration award lowering their 1970 timberland assessments in Madison County, Florida. The appellate court reversed, finding the assessments were identical to those previously ruled erroneous in a related 1971 asse
• Mundy v. Carter
  311 So. 2d 773· Fla. 1st DCA· 1975-01-06
  A deed's reference to a plat attached to a prior deed does not automatically incorporate use restrictions from that prior deed if the properties are distinct.
• Minn. Pub. Interest Research Grp. v. Butz
  508 F.2d 892· 8th Cir.· 1975-01-06 ·via Temporary Injunction
  The court granted consolidation of appeals but denied the motion to expedite the hearing.
• Carriage Hills Golf & Country Club, Inc. v. Janies E. HERTZ et ux.
  305 So. 2d 287· Fla. 1st DCA· 1974-12-31
  A homeowners' association sought to enforce restrictive covenants prohibiting non-residential outbuildings in a subdivision by injunction. The trial court granted the homeowners' motion for judgment on the pleadings, dismissing the association's claim. The appellate court reverse
• Tri-State Sys., Inc. v. Seminole Cnty.
  302 So. 2d 168· Fla. 4th DCA· 1974-10-25
  Tri-State Systems appealed a mandatory injunction requiring it to stop constructing signs without permits, but the appeal was dismissed on jurisdictional grounds because the motions for rehearing filed before entry of the final judgment did not toll the appeal deadline.
• City OF Sunrise v. Plastics Pipe Inst.
  299 So. 2d 112· Fla. 4th DCA· 1974-08-09
  The City of Sunrise and its officials appealed a permanent injunction prohibiting them from banning plastic and hubless cast iron pipe in underground drainage systems. The Florida District Court of Appeal reversed, holding that the plaintiff, Plastics Pipe Institute, lacked capac
• Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc.
  42 Fla. Supp. 138· Orange Cty. Cir. Ct.· 1974-08-02
  Burger Chef Systems sought declaratory relief to establish its right to terminate a territorial franchise agreement at will. The court held that the franchise agreement is terminable only for cause as expressly stated in the contract, and permanently enjoined the franchisor from
• THE Florida BAR v. Heller
  298 So. 2d 357· Fla.· 1974-07-26
  The Florida Bar sought contempt sanctions against Leon S. Heller, a non-attorney, for violating a 1971 injunction prohibiting unauthorized practice of law. The Florida Supreme Court found Heller engaged in systematic violations including soliciting clients for tax deed recovery s
• Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright
  299 So. 2d 9· Fla.· 1974-07-24
  The Florida Supreme Court, on remand from the U.S. Supreme Court, considers whether state courts have jurisdiction to enjoin a strike that constitutes both a breach of a no-strike clause in a collective-bargaining agreement and an alleged unfair labor practice under federal law.
• THE Florida BAR v. Neadel
  297 So. 2d 305· Fla.· 1974-06-26 ·via Permanent Injunction
  The court held that advertising, soliciting, and arranging for foreign divorces constitutes the unauthorized practice of law in Florida, warranting contempt and permanent injunction.
• Local 391 v. Hiram H. Ward
  501 F.2d 456· 4th Cir.· 1974-05-21 ·via Preliminary Injunction
  The court held that the district court must hear and decide the unions' motions to dissolve the injunction before adjudicating the contempt motion.
• Amalgamated Meat Cutters & Butcher Workmen OF N. Am., AFL-CIO v. The Cost OF Living Council as successor to the Pay Bd.
  497 F.2d 1360· Temp. Emer. Ct. App.· 1974-05-15
  The court held that even if the Pay Board erred in not disclosing productivity data, the error was harmless because the Board considered the Unions' productivity claims favorably and other factors justified limiting the wage increase.
• Schuster v. Dist. Judge Grant L. Bowen of the Second Jud. Dist. Court of the State of Nev.
  496 F.2d 881· 9th Cir.· 1974-05-10
  The court held that the case was moot because the underlying order had been rescinded, and there was no reasonable expectation that the same issue would recur.
• Norman v. Hidden Harbour Ests., Inc.
  40 Fla. Supp. 147· Martin Cty. Cir. Ct.· 1974-05-03
  A regulation restricting personal actions on common condominium property is only valid if it has a reasonable relationship to the protection of life, property, or the general welfare of the residents.
• City OF N. Miami v. M. L. & L. Enters.
  294 So. 2d 42· Fla. 3d DCA· 1974-04-30
  The City of North Miami appealed an order enforcing a prior injunction that required the city to renew a building permit for M. L. & L. Enterprises' construction project. The court affirmed, holding that a trial court retains inherent authority to enforce its permanent injunction
• Castle & Cooke, Inc. v. Williams
  496 F.2d 857· 9th Cir.· 1974-04-23
  The court held that while market isolation prevented infringement claims on some marks, the strong similarity between the 'humanized' bee designs warranted an injunction on all food products.
• Sec. & Exch. Comm'n v. Guar. Bond & Sec. Corp.
  496 F.2d 145· 6th Cir.· 1974-04-23 ·via Preliminary Injunction
  The Securities Investor Protection Act (SIPA) applies to a broker-dealer that conducted substantial business after the Act's effective date, even if it was in financial difficulty prior to enactment, and a receiver has standing to seek enforcement of SIPA.
• Med. Arts, Inc. v. Loyal D. Rohrbaugh
  293 So. 2d 366· Fla. 4th DCA· 1974-03-29
  Medical Arts, Inc. appeals an injunction prohibiting its use of an adjacent parcel as a parking facility. The court reverses, holding that the neighboring property owners failed to exhaust administrative remedies before filing suit and are additionally estopped from challenging t
• Golden Eagle v. Deputy Sheriff Johnson
  493 F.2d 1179· 9th Cir.· 1974-03-15
  The court held that the First and Fourteenth Amendments do not require special pre-arrest or pre-seizure procedural safeguards for the religious use of peyote, and that the seizure of religious articles was permissible under the Fourth Amendment.
• Johnson v. City OF Belle Glade
  41 Fla. Supp. 189· Palm Beach Cty. Cir. Ct.· 1974-02-13 ·via Temporary Injunction
  Johnson sought an injunction to prevent Belle Glade and Pahokee from arresting and prosecuting him for operating a taxi, claiming he operated only casually or incidentally within the cities and was being selectively harassed. The court denied the injunction, holding that equity i
• Nat Ratner v. City OF Miami Beach
  288 So. 2d 520· Fla. 3d DCA· 1974-01-28
  A Florida appellate court reversed a trial court's refusal to invalidate a building permit, finding that the City of Miami Beach violated a referendum mandate by conveying property to a private developer rather than to the Miami Beach Housing Authority for low-rent elderly housin
• Fla. E. Coast Ry. Co. v. City OF Hallandale
  288 So. 2d 291· Fla. 4th DCA· 1974-01-18
  Florida East Coast Railway challenged special assessments levied by the City of Hallandale on railroad property for sanitary sewer improvements. The court reversed a summary judgment for the city, holding that whether the assessed parcels constituted railroad right-of-way subject
• The Choctaw Nation & the Chickasaw Nation v. State OF Okla. & the Comm'rs of the Land Off. of the State of Okla.
  490 F.2d 521· 10th Cir.· 1974-01-10
  The court held that the trial court's refusal to require Oklahoma to account for interest and income derived from the investment of lease rentals was equitable and in accordance with Oklahoma law.
• Nat'l R.R. Passenger Corp. v. Harris
  490 F.2d 572· 10th Cir.· 1974-01-09 ·via Action For Injunction
  The court held that the district court improvidently granted injunctions staying enforcement of Oklahoma's liquor laws against Amtrak and intervenors, and that the appeal in one case was moot.
• Herskowitz v. Herskowitz
  281 So. 2d 595· Fla. 3d DCA· 1973-08-21
  In this divorce appeal, the former wife challenged the trial court's determination of her equitable interest in her ex-husband's assets based on a 1956 postnuptial agreement for joint ownership. The appellate court affirmed the judgment, finding the trial court properly exercised
• State v. Glassman
  39 Fla. Supp. 201· Fla. Cir. Ct.· 1973-08-09
  The State sought an injunction against showing the film "Deep Throat" on obscenity grounds. The court upheld the constitutionality of Florida's obscenity statute and granted a temporary injunction prohibiting exhibition of the film, finding it met the Miller test for obscenity.
• I. C. Sales, Inc. v. City OF N. Miami
  281 So. 2d 511· Fla. 3d DCA· 1973-07-31 ·via Temporary Injunction
  I.C. Sales, Inc. challenged a North Miami occupational license tax on vending machines as exceeding statutory limits and being confiscatory. The court affirmed dismissal of the complaint, holding that the 1972 legislature's repeal and replacement of the occupational license tax s
• City of Coral Springs v. Broward Cnty. Air & Water Pollution Control Bd.
  39 Fla. Supp. 197· Broward Cty. Cir. Ct.· 1973-07-06
  The City of Coral Springs challenged two pollution control board regulations as exceeding statutory authority and denying equal protection. The court upheld both regulations and dissolved the preliminary injunction, requiring the city to comply with the stop order preventing new
• Wade v. D. R. Gaines Constr. Co. & Kermit Lewin
  279 So. 2d 394· Fla. 3d DCA· 1973-06-26
  The court held that the allegations in the appellants' first amended complaint were insufficient to support relief.
• Unique Caterers, Inc. v. Pollifrone
  279 So. 2d 345· Fla. 3d DCA· 1973-06-19
  An interlocutory order requiring a corporation to provide five days' notice before selling or conveying a major or material portion of its assets must be reversed as too vague and indefinite regarding the corporation's permitted and prohibited actions, the type of notice required
• Harthman v. Arthur Witty (dba Arthur Witty Fort Mylner Shopping Center)
  480 F.2d 337· 3d Cir.· 1973-06-19 ·via Modification Of Injunction
  The appellate court held that a broad permanent injunction prohibits all future pollution, regardless of source, and that the trial court erred in requiring a new suit for a different type of pollution. However, the court also held that the per diem penalty was not automatically
• Franklin v. Brown
  279 So. 2d 83· Fla. 3d DCA· 1973-06-12 ·via Injunction Pendente Lite
  The Florida District Court of Appeal declined to answer certified questions from a circuit court regarding whether the proceeds of a savings account held in trust for a named beneficiary are estate assets subject to creditor claims and whether a court may temporarily restrain dis
• Kramer v. Gov't OF the Virgin Islands & Bd. of Zoning Subdivision & Bldg. Appeals of the Virgin Islands
  479 F.2d 350· 3d Cir.· 1973-05-18 ·via Application For Injunction
  The court held that a drive-in theater can be considered a 'recreational use' under the Virgin Islands zoning law, and the Board of Appeals' decision to grant a special exception was supported by the record and reasonable.
• Commc'ns Workers OF Am. v. United Tel. Co. OF Ohio
  478 F.2d 310· 6th Cir.· 1973-05-15 ·via Suit For Injunction
  The court held that the district court erred in enjoining the company's proceeding before the National Labor Relations Board, as it improperly interfered with the Board's statutory authority.
• Taylor v. The City OF Millington
  476 F.2d 599· 6th Cir.· 1973-04-18
  The court held that while the district court correctly enjoined segregation and ordered equal treatment of applicants, it erred in awarding damages when no actual damage was proven.
• Zeltzer v. Miami Beach City Council
  39 Fla. Supp. 160· Dade Cty. Cir. Ct.· 1973-04-10
  A Miami Beach taxpayer challenged a city councilman's nomination and vote for his law partner as municipal judge, alleging conflict of interest violations under Florida state law and the city's ethics ordinance. The court found the nomination and vote violated conflict of interes
• Kohner v. Wechsler
  477 F.2d 666· 2d Cir.· 1973-04-06 ·via Preliminary Injunction
  The court held that the trial court erred in terminating the escrow agreement, as it should remain in effect according to its terms.
• Nat'l Am. Life Ins. Co. v. Wilder
  473 F.2d 1387· 5th Cir.· 1973-03-16 ·via Preliminary Injunction
  The court held that the district court did not err in staying proceedings and denying temporary restraining orders and preliminary injunctions, nor in refusing to file a counterclaim violating Rule 8(a).
• Elba Ortiz v. Engelbrecht
  474 F.2d 977· 3d Cir.· 1973-03-02
  The court held that the dismissal of the complaint against the Attorney General was proper, but the dismissal against the landlord was not, requiring remand for further proceedings.
• Ellis v. Braddy
  272 So. 2d 562· Fla. 1st DCA· 1973-01-16
  A Jacksonville firefighter sued to challenge a racially segregated hiring plan approved by the city's Civil Service Board. The trial court dismissed the action based on prior federal court jurisdiction, but the appellate court reversed, holding that the federal proceeding did not
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Tolly Vinik and Elsie J. Vinik v. Taylor
  270 So. 2d 413· Fla. 4th DCA· 1972-12-12
  This case addresses the rights of condominium unit owners to alter their balconies. The court held that balconies are parts of individual units, not common elements, and therefore unit owners may enclose them with Board of Directors approval rather than requiring approval from 75
• THE Florida BAR v. Counseling
  270 So. 2d 365· Fla.· 1972-12-06 ·via Permanent Injunction
  The Florida Supreme Court permanently enjoined respondents from engaging in the unauthorized practice of law after they admitted to advertising legal counseling and advice services without being licensed attorneys.