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

• Trinity Coll. v. COE
  7 Fla. Supp. 124· Pinellas Cty. Cir. Ct.· 1955-05-25
  Trinity College sought to reform a 1944 mortgage foreclosure proceeding to include an additional strip of land that was not described in the original mortgage. The court held that because the mortgage was fully satisfied with no deficiency remaining, and because there was never a
• Int'l Co., Inc. v. Hotel Emps. Union
  7 Fla. Supp. 164· Dade Cty. Cir. Ct.· 1955-05-20 ·via Injunction Bond
  A Miami Beach hotel sought a preliminary injunction against a union and its officers to halt picketing and an unauthorized strike. The circuit court granted the injunction, finding that the union-organized strike lacked majority employee authorization under Florida law and that t
• Edlin v. Beutel
  79 So. 2d 769· Fla.· 1955-04-27
  The Florida Supreme Court held that a plaintiff's complaint alleging fraudulent transfer of stock sale mortgage proceeds states a cause of action in equity and cannot be transferred to the law side of the court for being merely a breach of contract. The decision affirms the court
• THE City OF Hialeah v. Hill
  79 So. 2d 658· Fla.· 1955-03-09
  The Florida Supreme Court affirmed the lower court's decision invalidating Chapter 29113, which authorized the City of Hialeah to adopt a new charter through a referendum process. The court held that the statute unlawfully delegated unlimited municipal authority and the power to
• Sampson v. JOE
  220 F.2d 19· 9th Cir.· 1955-02-28
  The court held that the order appealed from was not a final decision or an appealable interlocutory order, thus the appeal must be dismissed.
• City OF Miami Beach v. Stearns
  77 So. 2d 626· Fla.· 1955-01-28
  This case concerns a dissent regarding the interpretation of Miami Beach's zoning ordinance, specifically the definition and permissibility of "accessory uses" in hotels, particularly concerning laundry services.
• Giehler v. Ward
  77 So. 2d 452· Fla.· 1955-01-21
  This case involves a dispute over a covenant not to compete. The buyers of a business sued the sellers for violating a three-year non-compete clause related to operating a bathing beach. The court ultimately affirmed the lower court's decision, finding that extending the non-comp
• 1901 Collins Corp. v. S. Bell TEL. Co.
  6 Fla. Supp. 145· Dade Cty. Cir. Ct.· 1954-12-21
  Chapter 365 and section 561.291 of the Florida Statutes are unconstitutional as applied to customary telephone subscribers because they violate due process by allowing deprivation of service and licenses without notice or an opportunity to be heard.
• Ocon v. Landon
  218 F.2d 320· 9th Cir.· 1954-12-18 ·via Action For Injunction
  An alien charged with being a Communist, facing deportation, can be held without bail if the Attorney General has good cause to believe the alien is dangerous, even if bail was previously granted.
• Miami Fed'n OF Musicians Local Union NO. 655 Am. Fed'n OF Musicians v. Wompearce, Inc.
  76 So. 2d 298· Fla.· 1954-12-10
  The Miami Federation of Musicians Local Union No. 655 placed the Plaza Theatre on its 'defaulter's list' because prior lessees had defaulted on payments to union musicians. When a new lessee sought to hire union musicians, the union refused. The court held that a union's internal
• Wendel v. Spencer
  217 F.2d 858· D.C. Cir.· 1954-12-02 ·via Mandatory Injunction
  The court held that the Commission has the power to determine if an applicant's diploma is from a legitimate national examining board, even if multiple such boards exist.
• Rubin v. Chicago S. Shore & S. Bend R.R.
  217 F.2d 177· 7th Cir.· 1954-11-24
  A by-law requiring a majority of directors to be residents of Indiana is valid under Indiana law, even if the corporation engages in interstate commerce, as its corporate structure is governed by state law.
• In re Flexton Corp.
  217 F.2d 68· 3d Cir.· 1954-11-09
  The court held that the appeal from the Chapter XI injunction is moot because a subsequent Chapter X proceeding with its own injunction has superseded the earlier order.
• Baker v. City of Fort Lauderdale
  6 Fla. Supp. 93· Broward Cty. Cir. Ct.· 1954-11-04
  A motel operator challenged a Fort Lauderdale ordinance prohibiting the display of room rates on external signs as unconstitutional and unreasonable. The court granted the plaintiff's request for a permanent injunction against enforcement, finding the ordinance void based on simi
• Alpha Distrib. Co., Inc. v. JAS. Barclay & Co.
  215 F.2d 510· 9th Cir.· 1954-08-09 ·via Interlocutory Injunction
  The court held that the district court did not abuse its discretion in denying Alpha's motion for an interlocutory injunction.
• Stein v. Benaderet
  214 F.2d 822· 6th Cir.· 1954-08-06
  The court vacated its prior decision and entered a new judgment based on a Supreme Court ruling and a party settlement.
• Int'l Union of Mine v. Farmer
  218 F.2d 42· D.C. Cir.· 1954-08-05
  The court held that the District Court properly dismissed the Union's complaint and denied the intervention motion.
• LIM Fong v. Brownell, Jr.
  215 F.2d 683· D.C. Cir.· 1954-07-22 ·via Preliminary Injunction
  The court held that the complaint stated a case for injunctive relief and that the dismissal was erroneous.
• Carolina-Virginia Racing Ass'n, Inc. v. Cahoon
  214 F.2d 830· 4th Cir.· 1954-07-20 ·via Interlocutory Injunction
  The court held that a federal court cannot enjoin the enforcement of a state court's injunction or a state criminal statute, especially when the state's highest court has ruled on the matter.
• Autry v. Republic Prods., Inc.
  213 F.2d 667· 9th Cir.· 1954-06-04
  The court held that the trial court's judgment was too broad in permitting any use of the motion pictures, and modified it to allow specific uses under certain conditions.
• Midcentury Corp. v. City of Miami Beach
  6 Fla. Supp. 184· Dade Cty. Cir. Ct.· 1954-06-01
  Midcentury Corp. challenged City of Miami Beach Ordinance #289, which prohibited their proposed use of real property for a mixed-use building with a multi-level garage and ground-floor stores. The court held the ordinance unconstitutional as applied and enjoined the city from enf
• Bd. of Cnty. Comm'rs v. Overton
  7 Fla. Supp. 190· Palm Beach Cty. Cir. Ct.· 1954-05-24
  The Board of County Commissioners sought to enforce an exclusive taxicab franchise at a county airport against independent operators who claimed the right to serve passengers going to and from the airport. The court upheld the exclusive franchise, relying on North American Co. v.
• Camunas v. United States
  212 F.2d 540· 1st Cir.· 1954-05-11
  The court held that an injunction must be vacated due to the termination of rent control, and a restitution award was improper as it was not made to the tenant. However, treble damages and attorney's fees were permissible.
• Stanford v. Lunde Arms Corp.
  211 F.2d 464· 9th Cir.· 1954-03-25
  The court held that the toy cap pistol is not a 'firearm' within the meaning of 18 U.S.C.A. § 1715, and therefore is mailable.
• Scoville v. Town OF Miami Springs
  6 Fla. Supp. 94· Dade Cty. Cir. Ct.· 1954-02-19
  A gasoline service station operator challenged a Miami Springs ordinance restricting price signs to 12x12 inches and limiting their placement to dispensing equipment. The court held the ordinance unconstitutional as an arbitrary and unreasonable exercise of police power that viol
• Burdine's, Inc. v. City OF KEY W.
  11 Fla. Supp. 78· Monroe Cty. Cir. Ct.· 1954-02-17
  Burdine's, Inc. and its delivery driver challenged a Key West ordinance imposing a $2,500 license fee on out-of-state retail stores making deliveries within the city, while in-state stores with inventory paid only $50-$250. The court invalidated the ordinance as arbitrary, discri
• Maher v. Klein
  7 Fla. Supp. 106· Dade Cty. Cir. Ct.· 1954-02-16
  In this equity action to cancel a usurious note and mortgage, the court found the underlying loan violated Florida usury laws but held that the Dobkins, as subsequent purchasers with only constructive notice of the usury, could enforce the note for principal but not for post-matu
• Almeida Bus Lines, Inc. v. Curran
  209 F.2d 680· 1st Cir.· 1954-01-21
  A federal court of equity should not enjoin state administrative proceedings or issue a declaratory judgment when the party seeking relief has not demonstrated clear and imminent irreparable injury.
• Commonwealth of Ky. Ex rel. Dep't of Econ. Sec. v. Hobby
  209 F.2d 300· D.C. Cir.· 1954-01-07
  The court held that the Housing Commission's membership in a retirement association constitutes 'establishing' a retirement system under the Social Security Act.
• Swan Island Club, Inc. v. Yarbrough
  209 F.2d 698· 4th Cir.· 1954-01-06
  A Torrens Act judgment cannot vest title to lands under navigable waters, as such lands are held by the state in trust for the public.
• Accursio v. Town of Fla. City
  5 Fla. Supp. 152· Dade Cty. Cir. Ct.· 1953-12-23
  Plaintiffs challenged a zoning ordinance enforcement action, claiming the use of a building for housing migrant farm workers constituted a protected nonconforming use. The circuit court rejected this claim, finding the building had been substantially destroyed and rebuilt under a
• Connor v. West Bloomfield TP.
  207 F.2d 482· 6th Cir.· 1953-10-16
  The court held that the township's zoning ordinance prohibiting trailer occupancy in a residential subdivision was a valid exercise of police power and affirmed the lower court's decision.
• Volusia Cnty. Kennel Club, Inc. v. Fla. Racing Comm'n
  4 Fla. Supp. 103· Leon Cty. Cir. Ct.· 1953-09-22
  Dog racing track operators challenged a 1953 Florida statute imposing graduated tax rates on pari-mutuel pools as violating equal protection and due process. The court upheld the statute, finding the daily pool a rational unit of taxation and concluding the graduated rates were j
• City Nat. Bank of Fairmont v. Fid. Mut. Life Ins. Co.
  206 F.2d 531· 4th Cir.· 1953-08-08
  The court held that the statute of limitations was tolled by an injunction and by the delayed discovery of the fraud, making the Bank's suit timely.
• State ex rel. Marsh v. Simberg
  4 Fla. Supp. 85· Dade Cty. Cir. Ct.· 1953-07-31
  The State of Florida, on behalf of county and municipal officials, challenged Miami Beach ordinances that permitted riparian owners to construct bulkheads and fill the foreshore (land between high and low tide marks) in the Atlantic Ocean. The court held that the state holds the
• Lewis v. Peters
  66 So. 2d 489· Fla.· 1953-07-21
  The Florida Supreme Court affirmed a lower court injunction prohibiting the Panama City Housing Authority from turning over property to private interests for construction and control of housing units. While acknowledging the laudable goal of providing military housing, the court
• Cargo Carriers, Inc. v. Humphrey
  206 F.2d 488· D.C. Cir.· 1953-07-16
  The court held that the Coast Guard reasonably construed 'vessel' to include integrated tug and barge units operating as a single entity for inspection purposes.
• United States v. Kane
  205 F.2d 274· 3d Cir.· 1953-06-19 ·via Scope Of Injunctions
  The court held that a $400 payment ordered to the U.S. Treasury, which was in the nature of a penalty, could not be imposed when the suit was brought after the one-year statute of limitations for penalties had expired.
• Romanian Orthodox Missionary Episcopate of Am. v. Trutza
  205 F.2d 107· 6th Cir.· 1953-05-29
  The court held that the Romanian Orthodox Missionary Episcopate of America had achieved sufficient autonomy to elect its own bishop, and that the plaintiff failed to prove his own election or consecration as bishop.
• Dade Cnty. v. S. Bell Tel. &. Tel. Co.
  4 Fla. Supp. 11· Dade Cty. Cir. Ct.· 1953-05-15 ·via Mandatory Injunction
  Circuit court stayed proceedings pending resolution of a parallel test case in Duval County involving the same legal question of whether a telephone company must bear the cost of relocating its facilities for federal highway construction.
• Chauffeur's Club, Inc. v. State Bev. Dir.
  3 Fla. Supp. 137· Dade Cty. Cir. Ct.· 1953-05-06
  Chauffeur's Club sought an injunction to restrain enforcement of a liquor license revocation order issued by the State Beverage Director. The court held that an injunction is not an appropriate remedy for challenging such administrative orders and dismissed the petition, holding
• Fairlawn Motor Sales v. Dade Cnty. Sheriff
  3 Fla. Supp. 77· Dade Cty. Cir. Ct.· 1953-02-06
  The Dade County Circuit Court enforced a Florida Supreme Court mandate to enjoin enforcement of sections 855.01 and 855.02 F.S.A. (blue laws) against the plaintiffs. The court found that applying these statutes to prohibit used automobile sales on Sundays while permitting liquor
• Hughes v. Rutherford
  201 F.2d 161· 5th Cir.· 1953-01-29
  The court held that the prior execution was validly issued under Texas law, meaning the judgment was not dormant and the lien could be foreclosed.
• Application of Lojacono
  3 Fla. Supp. 83· Fla. Railroad & P. U. C.· 1953-01-13 ·via Preliminary Injunction
  Samuel Lojacono sought commission review of a circuit court order that suspended telephone service to his pharmacy after the Attorney General alleged the phones were used for unlawful bookmaking purposes. The commission adopted the examiner's proposed order granting Lojacono's ap
• Lachman v. City of Miami Beach
  3 Fla. Supp. 206· Dade Cty. Cir. Ct.· 1953-01-03
  Property owners challenged Miami Beach zoning ordinance No. 289 that restricted their oceanfront lots to single-family residential use, arguing changed circumstances since 1930 made the restriction arbitrary and confiscatory. The court found the zoning invalid as applied to their
• Victrylite Candle Co. v. Brannan
  201 F.2d 206· D.C. Cir.· 1952-12-22 ·via Preliminary Injunction
  The court held that the district court did not err in denying a preliminary injunction against multiple seizures of a product alleged to be misbranded.
• Robson v. United States
  200 F.2d 265· 9th Cir.· 1952-11-26 ·via Action For Injunction
  The court held that the landlords were not entitled to collect rent above the original registration amount for the period before December 15, 1948, and that the overcharge after that date was not willful, limiting recovery to the actual overcharge.
• Simmons v. Fla. Racing Comm'n
  3 Fla. Supp. 31· Dade Cty. Cir. Ct.· 1952-11-19
  Horse trainers challenged a Florida Racing Commission rule requiring fingerprinting and photographing of racing employees, including horse trainers employed by horse owners rather than track operators. The court dismissed the injunction application but imposed a condition that th
• Redditt v. Hale
  199 F.2d 386· 8th Cir.· 1952-10-29
  The court held that the Arkansas Probate Court acted within its jurisdiction in appointing a curator and conducting proceedings, and its judgments were res judicata, precluding collateral attack in federal court.
• Oehm v. Michigan-Wisconsin Pipe Line Co.
  199 F.2d 253· 7th Cir.· 1952-10-10 ·via Mandatory Injunction
  The court held that the July 27, 1949 contract for a right-of-way was valid and binding, and that the defendant's subsequent installation of a pipeline on a different right-of-way did not create a new valid agreement, thus requiring compensation.