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

• Green v. Herschel S. Green
  259 F.2d 229· 7th Cir.· 1958-09-25 ·via Preliminary Injunction
  The court held that the preliminary injunction, with a modification, was properly issued.
• Forman v. United States
  256 F.2d 766· 8th Cir.· 1958-07-08
  The court held that the land occupied by the defendant was tribal land, not public land available for allotment, and therefore the defendant was not entitled to an allotment.
• Ieronimakis v. Spence
  257 F.2d 874· 4th Cir.· 1958-06-30
  The court held that the Immigration Officer-in-Charge did not abuse his discretion in ordering the repatriation of an alien seaman with tuberculosis, given the medical prognosis and the shipowner's agreement to provide care.
• Se. Tel. Co. v. R.R. & Pub. Utils. Comm'n
  12 Fla. Supp. 137· Leon Cty. Cir. Ct.· 1958-06-27
  The commission is unable to grant Southeastern Telephone Co.'s motion for an immediate rate increase order because the court of appeals reversed a lower court's injunction, returning the matter to the commission for a final hearing.
• Sidener v. City of Pensacola
  13 Fla. Supp. 120· Escambia Cty. Cir. Ct.· 1958-06-25
  The court held that an upland owner whose lands border Pensacola Bay cannot claim title to artificially filled lands created by the city's grantee in underwater areas, even if the owner could otherwise claim natural accretions. The court found that the owner was estopped by long
• Lake Gibson Land Co. v. Ina C. Lester
  102 So. 2d 833· Fla. 2d DCA· 1958-05-07
  Lake Gibson Land Company appealed from a permanent injunction prohibiting it from pumping water from Lake Gibson for citrus irrigation when lake levels were below normal. The court reversed, holding that the plaintiffs failed to prove the defendant's minimal water use (2.5 inches
• Bertram v. State Rd. Dep't
  12 Fla. Supp. 43· Dade Cty. Cir. Ct.· 1958-05-02
  Taxpayers and marine industry representatives sought to enjoin construction of a bridge across the Intracoastal Waterway in Miami, alleging it would obstruct navigation with only 55-foot vertical clearance. The court dismissed the suit, holding that it lacked authority to second-
• The State Dep't OF Pub. Welf. of the State of Fla. v. The Galilean Child's. Home
  102 So. 2d 388· Fla. 2d DCA· 1958-05-02
  Florida's Department of Public Welfare sought to enjoin the Galilean Children's Home from operating a child-caring institution without a license and to transfer custody of dependent children in its care. The district court reversed the lower court's dismissal, holding that the De
• Dade Cnty. v. Frank W. Trombly, M.D.
  102 So. 2d 394· Fla. 3d DCA· 1958-04-15
  Dr. Trombly, a licensed physician, sought a declaratory decree and injunction to compel Dade County's public hospital to grant him major surgical privileges, claiming the denial was arbitrary and discriminatory. The court reversed the trial judge's decree in favor of Dr. Trombly,
• Rivera-Cruz v. Gray
  12 Fla. Supp. 52· Leon Cty. Cir. Ct.· 1958-04-04
  Rafael Rivera-Cruz and Senator Verle Pope sought to enjoin the Secretary of State from submitting to Florida voters fifteen proposed constitutional amendments that would revise the state constitution, arguing the submission violated Article XVII and the constitutional convention
• 222 E. Chestnut St. Corp. v. LA Salle Nat'l Bank
  253 F.2d 484· 7th Cir.· 1958-03-06
  The court held that the plaintiff's action was barred because a prior administrative decision granting a variance, affirmed by state courts, meant the construction was not in violation of the zoning ordinance.
• Dupuis v. Cent. & S. Fla. Flood Control Dist.
  12 Fla. Supp. 76· Dade Cty. Cir. Ct.· 1958-01-20
  A landowner sought to enjoin a flood control district from claiming a 130-foot right of way across his property based on a 1910 deed reservation. The court held that the reservation was not assignable to the district and that the district was estopped from enforcing a 47-year-old
• Borden Co. v. Milk Comm'n
  12 Fla. Supp. 17· Leon Cty. Cir. Ct.· 1957-12-23 ·via Temporary Injunction
  The court denied the motion to dismiss and granted temporary injunctions for both parties, enjoining the Milk Commission from revoking licenses and enjoining distributors from rejecting milk under certain conditions pending further order.
• Duane v. Marcellus Staley and Dave Starr
  98 So. 2d 74· Fla.· 1957-10-25
  Occupancy of premises evidenced by construction of a building or erection of a tool shed with visible indicia of ownership constitutes constructive notice of an adverse claim to land, sufficient to put a subsequent judgment creditor on notice to inquire.
• City of ST. Petersburg v. Atl. Coast Line Ry.
  11 Fla. Supp. 1· Fla. Railroad & P. U. C.· 1957-09-09
  The Florida Railroad & Public Utilities Commission granted the Atlantic Coast Line Railroad's motion to disqualify the original three commissioners from a pending case regarding relocation of the railroad's freight and passenger depots in St. Petersburg, finding the affidavit of
• Green v. Ry. Express Agency, Inc.
  96 So. 2d 790· Fla.· 1957-07-17
  Railway Express Agency appealed a tax exemption dispute where Florida assessed a use tax on property purchased in New York City and brought into Florida, despite the purchaser's payment of New York tax. The Florida Supreme Court held that whether a tax has been "paid" under the e
• Holsinger v. City OF Fresno
  246 F.2d 263· 9th Cir.· 1957-06-18 ·via Preliminary Injunction
  The appeal is dismissed as moot because the judgment in the principal action dissolved the injunction and dismissed the ancillary action, rendering the grievance moot.
• Landes v. Humphrey
  246 F.2d 703· D.C. Cir.· 1957-06-13
  The court held that the defendants acted within their discretion in denying entry of the cassia and that the plaintiff was not entitled to compel entry.
• In re Long Island Lighting Co. v. Alker
  244 F.2d 499· 2d Cir.· 1957-05-03 ·via Injunctive Order
  The court held that the denial of the plaintiffs' motion to proceed with their fraud and conspiracy claims was proper, as it was not within the scope of previously granted leave to reopen and lacked new evidence. The court also affirmed an injunctive order restraining further lit
• A. v. Ammann
  243 F.2d 748· 9th Cir.· 1957-04-15 ·via Writ Of Injunction
  The court held that certain appeals from lower court orders must be remanded with directions to vacate those orders, as the issues had already been determined by this court in prior proceedings.
• Iowa-Illinois GAS & Elec. Co. v. Ezra Taft Benson
  247 F.2d 22· D.C. Cir.· 1957-02-28 ·via Preliminary Injunction
• Renpak, Inc. v. Oppenheimer
  10 Fla. Supp. 130· Palm Beach Cty. Cir. Ct.· 1957-02-27
  RENPAK, Inc. sued former officer Oppenheimer and others for planning and executing a competing business while Oppenheimer held a fiduciary position with RENPAK. The court dismissed the complaint for failure to state a cause of action for injunctive relief, finding that the defend
• Isadore M. Gudelsky v. Spencer
  242 F.2d 29· D.C. Cir.· 1957-02-14
  The court held that the issue of whether a public hearing was required for the initial designation became moot after the Commissioners rescinded that action and took a new, preliminary step that did not require a hearing.
• 1901 Collins Corp. v. S. Bell TEL Co.
  10 Fla. Supp. 85· Dade Cty. Cir. Ct.· 1957-01-27 ·via Permanent Injunction
  The court rejected the State Attorney General's petition to terminate a hotel's telephone service based on alleged gambling law violations. Finding insufficient evidence that the hotel's phones were used for illegal gambling, the court granted the hotel's injunction preventing re
• Record Files, Inc. v. Diebold
  237 F.2d 527· 6th Cir.· 1956-10-26
  The court held that the appellant failed to prove appellees violated antitrust laws and that the evidence did not sustain a claim of unfair competition.
• Osceola Cnty. v. Triple E Dev. Co.
  90 So. 2d 600· Fla.· 1956-09-26
  Osceola County sought to condemn a right-of-way to Buck and Cat Lakes to provide public fishing access, but the Florida Supreme Court affirmed the injunction against the condemnation, holding that non-navigable inland lakes are subject to private ownership under Florida law and t
• Williams v. Odelle Pitts Clark
  90 So. 2d 805· Fla.· 1956-09-14
  The Florida Supreme Court held that a court of equity may order an accounting of real estate assets purchased with funds from an illegal gambling partnership (Broward Novelty Company) when those assets have been converted to a legal business use (Broward Music Company). The court
• State v. Mass. Co.
  9 Fla. Supp. 128· Escambia Cty. Cir. Ct.· 1956-09-08
  Florida state agencies sought to enjoin a salvage company from removing an abandoned battleship (USS Massachusetts) lying in Florida territorial waters. The court held that an abandoned wrecked ship in navigable waters belongs to the first party reducing it to possession, not to
• Shelton v. Guam Serv. Games
  239 F.2d 902· 9th Cir.· 1956-09-07
  The court held that the non-compete clause, as written, was void under Guam law because it restrained trade throughout the entire Territory of Guam, exceeding the statutory exception for the sale of goodwill.
• Olan Mills, Inc. v. City of Tallahassee
  9 Fla. Supp. 171· Leon Cty. Cir. Ct.· 1956-08-09
  Olan Mills, Inc. challenged the constitutionality of Tallahassee's occupational license tax on photographers, cameramen, and their solicitors, arguing the tax imposed an undue burden on interstate commerce. The court upheld the tax as a valid exercise of municipal revenue and pol
• Bantel v. Brownell
  234 F.2d 692· D.C. Cir.· 1956-06-07 ·via Mandatory Injunction
  The court held that General License No. 94 did not remove German citizens from the 'enemy' category for purposes of the Trading With the Enemy Act, nor did it prevent the Attorney General from vesting their property.
• Eastman Kodak Co. v. Home Utils. Co.
  234 F.2d 766· 4th Cir.· 1956-06-05
  A "commodity" under the Maryland Fair Trade Act can include a "bundle" of items, even if some components are not Fair-Traded separately, as long as the bundle is sold as a distinct unit under a single brand name and is in free and open competition.
• Fields v. Stanolind OIL & GAS Co. & Ada Oil Co.
  233 F.2d 625· 5th Cir.· 1956-05-31
  The court held that the actions taken after November 1, 1954, constituted "additional operations" under the lease, and that the sixty-day period for commencing a new well was not exceeded, thus keeping the lease in force.
• Golden v. Gray
  9 Fla. Supp. 17· Leon Cty. Cir. Ct.· 1956-05-28
  A Florida circuit court invalidated Senate Joint Resolution No. 1046, a proposed constitutional amendment to create a metropolitan home rule charter for Dade County, holding that the amendment exceeded the legislature's authority to propose a single-article revision because it ef
• Murphey v. McKAY
  233 F.2d 697· D.C. Cir.· 1956-05-10 ·via Mandatory Injunction
  The court held that the Secretary of the Interior correctly determined that the lease extension application was timely and properly granted.
• Matters of Third Ave. Transit Corp.
  233 F.2d 310· 2d Cir.· 1956-05-09
  A common carrier may grant exclusive privileges for profit on its vehicles, and this right is not restricted by statutes prohibiting discrimination in public transportation obligations or by city administrative codes regarding solicitation licenses.
• The Detroit & Toledo Shore Line R.R. Co. v. The NEW York Cent. R.R. Co. & The Mich. Cent. R.R. Co.
  233 F.2d 168· 6th Cir.· 1956-04-30
  The court held that the constructed track was a spur, not an extension, and thus did not require Interstate Commerce Commission approval, and that the contract was valid.
• State Bd. of Accountancy v. Fla. Accountants Ass'n
  9 Fla. Supp. 70· Dade Cty. Cir. Ct.· 1956-04-20
  The State Board of Accountancy sought to enjoin the Florida Accountants Association from holding itself out as practicing accountancy without proper state licensing, contending the association's charter did not grant immunity from Florida's accountancy licensing laws. The court u
• Great N. Ry. Co. v. Lumber & Sawmill Workers
  232 F.2d 628· 9th Cir.· 1956-04-18 ·via Permanent Injunction
  The court held that the appellant's complaint did not present a sufficient cause for equitable relief, thus affirming the dismissal.
• Tucker v. Meredith
  232 F.2d 347· D.C. Cir.· 1956-03-15
  The court held that Meredith was not a holder in due course because he did not take the note in good faith.
• Rosenblum v. Neisnee Bros., Inc.
  231 F.2d 322· 7th Cir.· 1956-02-21 ·via Mandatory Injunction
  The court held that the lease provision allowing the lessee to make "alterations and changes" necessary for its purposes permitted the construction of a third-floor addition, as the lease covered the entire building and the addition did not destroy the building's identity.
• Ware v. City of Miami
  8 Fla. Supp. 181· Dade Cty. Cir. Ct.· 1956-01-17
  Ware sued the City of Miami to challenge an ordinance authorizing the city to clear overgrown property and levy assessments against owners. The court found the ordinance unconstitutional for failing to provide property owners notice and an opportunity to be heard before the city
• Minder v. The Assistant Dir.
  229 F.2d 432· 6th Cir.· 1955-12-19
  The court held that a prisoner cannot seek federal injunction against a state parole warrant when state remedies are available and federal law permits transfer of custody.
• Auber v. Easton
  9 Fla. Supp. 183· Palm Beach Cty. Cir. Ct.· 1955-12-12 ·via Mandatory Injunction
  The court held that the building, with slump brick exterior walls, substantially complied with the covenant requiring CBS construction, and denied equitable relief.
• Publix Super Mkts., Inc. v. City of Orlando
  8 Fla. Supp. 96· Orange Cty. Cir. Ct.· 1955-12-06
  Publix Super Markets and Wright's Hardware challenged Orlando ordinances that effectively prohibited the trading stamp business operated by Sperry & Hutchinson. The court held that the ordinances violated Florida constitutional guarantees by prohibiting a legitimate commercial en
• Seiler v. Falkner
  9 Fla. Supp. 174· Palm Beach Cty. Cir. Ct.· 1955-10-10
  Property owners sought injunctive relief against their neighbor's operation of a dance hall and jukebox that produced excessive noise disturbing their motel business. The court granted a permanent injunction restricting the defendant's use of amplified music and dancing during ni
• Scofield v. City OF Inverness
  8 Fla. Supp. 199· Citrus Cty. Cir. Ct.· 1955-09-26
  The court ruled on a motion to strike portions of plaintiffs' answer to a counterclaim in a dispute over city interference with plaintiffs' business operations on a public street. The court distinguished between allegations proper in a bill for injunction against improper police
• Campbell v. City OF Miami
  8 Fla. Supp. 23· Dade Cty. Cir. Ct.· 1955-09-14
  Detective officers in Miami's police department challenged a civil service rule eliminating the detective classification, which would allow the police chief to reassign detectives to uniformed positions and vice versa. The court held that the rule violated civil service procedure
• Austin v. Hartnett
  8 Fla. Supp. 155· Dade Cty. Cir. Ct.· 1955-09-02
  Homeowners challenged a zoning amendment that rezoned their residential neighborhood to commercial use for a shopping center development. The court invalidated the rezoning ordinance as spot zoning lacking substantial public purpose, being indefinite, and improperly conditioning
• P. C. Gorman Props., Inc. v. City OF N. Miami
  81 So. 2d 524· Fla.· 1955-06-22
  A property owner sought an injunction to prevent a city from converting a dedicated public square into an off-street parking area, arguing the dedication prevented such use. The Florida Supreme Court affirmed dismissal of the suit, holding that the issues were already foreclosed