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

• Harrington v. City of Pompano
  118 F.2d 240· 5th Cir.· 1941-03-07 ·via Mandatory Injunction
  The court held that the excluded landowners must be heard before their property can be declared taxable for the city's bonds.
• Getz v. City of Harvey
  118 F.2d 817· 7th Cir.· 1941-02-28
  A bona fide purchaser of non-negotiable water fund certificates, without notice of latent equities, takes them free of defenses arising from subsequent dealings between the issuer and intermediate holders. The municipality, acting as a trustee, is liable for diversion or misappro
• Wray's Pharmacy, Inc. v. Lee
  145 Fla. 435· Fla.· 1941-01-07
  Pharmacists challenged a gross receipts tax on prescription drug sales, arguing such sales constitute professional services rather than retail sales of tangible property. The Florida Supreme Court upheld the tax, holding that drugs are tangible personal property and the statutory
• Lee v. Smith
  144 Fla. 557· Fla.· 1940-10-08 ·via Action For Injunction
  The Florida Supreme Court denied the State Comptroller's petition for certiorari challenging a trial court's restraining order against enforcement of the gross receipts tax on fertilizer sales. The Court held that fertilizer consigned by the manufacturer (Wilson & Toomer) to an a
• Araxy Proodian v. Plymouth Citrus Growers Ass'n
  143 Fla. 788· Fla.· 1940-07-23
  The Florida Supreme Court affirmed dismissal of an equitable action seeking to enjoin a defendant from asserting a set-off defense in a pending common-law action. The court held that where a common-law court has adequate machinery to hear and resolve defenses to a set-off plea, e
• L. Maxcy, Inc. v. Mayo
  142 Fla. 707· Fla.· 1940-05-07
  The appellate court reversed the trial court's dismissal of the bill of complaint, holding that the allegations were sufficient to show that the Commissioner of Agriculture lacked the authority to seize and destroy the citrus fruit. The court emphasized that statutes authorizing
• Patterson v. Town of Palm Beach
  142 Fla. 732· Fla.· 1940-05-07
  T.G. Patterson appealed a chancery court judgment in favor of the Town of Palm Beach in a dispute over control of a dock and Ocean Boulevard where it approaches Lake Worth Inlet. The Florida Supreme Court affirmed the lower court's judgment, finding no error warranting reversal.
• Long v. Cap. Gardens, Inc.
  142 Fla. 261· Fla.· 1940-03-15
  Capital Gardens, Inc. sought an injunction to prevent the State Beverage Department Director from requiring two liquor licenses for two separate buildings on the same five-acre tract used for retail whisky sales. The Florida Supreme Court held that each separate structure used fo
• Hebb v. City of Bartow
  142 Fla. 78· Fla.· 1940-02-27
  The Florida Supreme Court affirmed a lower court's decision to dismiss a property owner's complaint seeking to enjoin a city from closing a street. The court found the property owner failed to allege a substantial injury distinct from that of the general public.
• Lyon v. S. Laundry, Inc.
  142 Fla. 79· Fla.· 1940-02-27
  The Florida Supreme Court reviewed an injunction granted by the Circuit Court that restrained an employee from soliciting laundry customers in a defined territory for ninety days following his termination, pursuant to Rule 10 promulgated by the Florida Dry Cleaning and Laundry Bo
• Lott v. Nonnarb Props., Inc.
  141 Fla. 883· Fla.· 1940-02-20
  Lucille Lott purchased property at a master's sale in a tax foreclosure suit brought by Nonnarb Properties, Inc. She then sought to enjoin the issuance of a tax deed on certificates held by other parties not involved in the original suit. The Florida Supreme Court affirmed the di
• First Wis. Nat'l Bank of Milwaukee v. Schwab
  141 Fla. 748· Fla.· 1940-02-16
  First Wisconsin National Bank challenged a trust deed executed by Rudolph J. Schwab that was claimed to shield real estate from the Bank's claim against Schwab's estate. The Florida Supreme Court held that a trust deed reserving the grantor's income for life and power to designat
• York v. Pridgen
  141 Fla. 439· Fla.· 1940-01-23 ·via Petition For Injunction
  The Florida Supreme Court affirmed a lower court decree re-establishing Oscar Pridgen's dental license from 1890, which had been destroyed by fire in 1897. The case involved whether Pridgen could prove his original qualification and licensing despite the loss of the physical cert
• City of Jacksonville v. May
  140 Fla. 826· Fla.· 1939-12-05
  The Florida Supreme Court reversed an injunction preventing Jacksonville from issuing $5,000 in revenue certificates for incinerator repairs. The Court held that certificates payable solely from net revenues of the city's proprietary Salvage Department (which sold reclaimed mater
• Banes v. Julington Holding Co.
  140 Fla. 760· Fla.· 1939-11-24 ·via Suit For Injunction
  In this suit to remove cloud on title and obtain injunction, the Florida Supreme Court affirmed the trial court's denial of defendants' motion to dismiss despite a nine-year delay in the proceedings. The court held that defendants could not benefit from delay they caused by faili
• Knabb v. Duner
  140 Fla. 483· Fla.· 1939-11-14 ·via Action For Injunction
  Knabb sought to enjoin prosecution of a common-law debt action brought by the Reconstruction Finance Corporation, arguing that equity courts had concurrent jurisdiction and he should be allowed to litigate in equity instead. The Florida Supreme Court affirmed the circuit court's
• Binnicker v. Leeper
  138 Fla. 738· Fla.· 1939-06-23 ·via Dissolution Of Injunction
  The Florida Supreme Court affirmed an interlocutory order that dissolved a temporary restraining order issued without notice and granted a new temporary injunction restraining defendants from removing or destroying shade and ornamental trees on disputed property. The court held t
• Halifax Drainage Dist. of Volusia Cnty. v. Gleaton
  137 Fla. 397· Fla.· 1939-04-25
  The Florida Supreme Court reversed the lower court's dismissal of a drainage district's bill for injunction, holding that a statutory lien holder has equity jurisdiction to enjoin waste by a property owner that impairs the lien's security. The court distinguished between trespass
• Mayo v. Eckerson Fruit Canners, Inc.
  138 Fla. 67· Fla.· 1939-03-17
  The Florida Supreme Court reversed a lower court decision that upheld a citrus processing contract, holding that the contract violated the Growers' Cost Guarantee Law because it failed to guarantee growers the legislatively fixed minimum cost of production of 32 cents per standar
• Smoak v. City of Haines City
  135 Fla. 606· Fla.· 1938-12-19
  A Florida city taxpayer sought to enjoin the issuance of $58,000 in revenue certificates for waterworks improvements, arguing they constituted bonds requiring voter approval and exceeded debt limits. The Supreme Court affirmed dismissal of the complaint, holding that revenue cert
• Bott v. Town of Umatilla
  135 Fla. 608· Fla.· 1938-12-19
  A Florida taxpayer sought to enjoin the Town of Umatilla from issuing $16,000 in revenue certificates for waterworks improvements, claiming they constituted bonds requiring voter approval under the state constitution. The Florida Supreme Court affirmed the dismissal, holding that
• McGoon v. Town of Miami Springs
  135 Fla. 583· Fla.· 1938-12-16
  McGoon challenged the Town of Miami Springs' issuance of $11,000 in water revenue certificates for waterworks improvements, claiming they were bonds requiring voter approval under the Florida Constitution. The Florida Supreme Court affirmed the dismissal of the complaint, holding
• Watson v. Pepper & Coffrin, Inc.
  134 Fla. 586· Fla.· 1938-10-15
  The Florida Supreme Court affirmed a trial court's grant of a temporary restraining order and injunction preventing M. L. Watson from proceeding in a civil suit against Pepper & Coffrin, Inc. pending resolution of a related appeal. The court found the injunction was justified und
• Dixon v. Becker
  134 Fla. 547· Fla.· 1938-10-13 ·via Suit For Injunction
  This case involves the interpretation of a deed conveying property from heirs of a deceased estate to two of those heirs (a married couple). The Florida Supreme Court resolved whether the conveyance created an estate by the entireties and determined the proper distribution of pro
• Fla. Dry Cleaning & Laundry Bd. v. Nat'l Linen Serv. Corp.
  133 Fla. 588· Fla.· 1938-07-27
  The Florida Supreme Court affirmed a lower court's decision, holding that a state act regulating the dry cleaning and laundry business did not apply to a linen supply company. The court found the act's title was insufficient to put the public on notice that it covered linen suppl
• Malone v. Carter
  132 Fla. 818· Fla.· 1938-06-15
  P. T. Malone sought to enjoin the Florida Railroad Commission from regulating his truck-for-hire service transporting race horses between two tracks in the Miami area. The Florida Supreme Court affirmed the dismissal of his complaint, holding that the Railroad Commission retained
• Mitchell v. Honorable Bayard B. Shields
  128 Fla. 536· Fla.· 1937-05-12
  The Florida Supreme Court denied a petition for certiorari, refusing to quash a final decree that quieted title to land, cancelled conveyances, and enjoined further litigation. The court found that the petitioners had already had sufficient opportunity to litigate their claims ov
• Bradley v. City of Homestead
  125 Fla. 137· Fla.· 1936-08-03
  Bradley, a Homestead citizen and taxpayer, sought to enjoin the city from issuing $28,000 in revenue certificates for electric and water plant improvements without voter approval as required by the Florida Constitution. The Florida Supreme Court affirmed the trial court's dismiss
• Melton v. The City of Winter Haven
  121 Fla. 258· Fla.· 1935-10-17
  A bondholder of Winter Haven Refunding Bonds sought to enjoin the city from issuing mortgage revenue certificates for a new sewerage system under a 1935 statute, arguing it violated the bondholder's rights. The Florida Supreme Court affirmed the lower court's denial of the injunc
• Ryan v. Swanson
  118 Fla. 495· Fla.· 1935-02-27 ·via Temporary Injunction
  The Florida Supreme Court denied an application for a supersedeas, which sought to block a lower court's order granting a temporary injunction. The denial was without prejudice, allowing certain parties to pursue legal remedies at law.
• Hartsfield v. Palbicke
  119 Fla. 473· Fla.· 1935-02-11
  The Florida Supreme Court affirmed a lower court's decision to dismiss a bill of complaint seeking to enjoin the issuance of a tax deed and cancel tax sale certificates. The court found the objections raised were identical to those previously addressed in another case.
• McIlwain v. Mortg. & Investing Corp.
  115 Fla. 230· Fla.· 1934-06-09
  This case involves a tenant's appeal of a lower court's order striking their claim for damages while allowing an injunction and accounting claim to proceed. The appellate court affirmed the order, finding that the legal remedy for damages was adequate and did not need to be pursu
• Baker v. Frick
  114 Fla. 765· Fla.· 1934-05-14
  This case concerns whether a court of equity can enjoin a sheriff from executing a writ of possession on the wrong property. The court held that a court of law has the power to correct such errors, making resort to equity unnecessary unless independent equities exist.
• McCaskill Inv. Co. v. Green
  112 Fla. 634· Fla.· 1933-11-10
  McCaskill Investment Company appealed a trial court's dismissal of a bill for rescission of a mortgage contract and injunction against the mortgagee, following an earlier successful foreclosure appeal. The Florida Supreme Court affirmed the trial court's dismissal, finding no cle
• Bishpam v. Mayo
  112 Fla. 115· Fla.· 1933-10-03
  In this companion case, the Florida Supreme Court addressed whether a complainant seeking to enjoin enforcement of agricultural production statutes could be bound by the outcome in parallel litigation. The court modified the dismissal to preserve the complainant's right to benefi
• Ryals Bros. v. Morefield
  111 Fla. 828· Fla.· 1933-09-18
  The Florida Supreme Court affirmed a lower court's dismissal of a suit seeking to enjoin the sale of impounded cattle. The court found the law under which the cattle were impounded to be constitutional, relying on precedent from a prior case with similar provisions.
• Bon Ton Laundry v. Gaulden
  111 Fla. 729· Fla.· 1933-08-08
  The Florida Supreme Court modified a prior supersedeas order, clarifying the conditions under which an injunction against a laundry's operation would be suspended pending appeal. The modification required the appellant to cease using wood fuel, as certified by the Circuit Judge,
• Lewis v. Lewis
  110 Fla. 1· Fla.· 1933-04-28
  The Florida Supreme Court issued a preliminary injunction in a child custody appeal, enjoining the mother from removing the couple's five-year-old daughter from Sarasota County pending the court's decision on permanent custody. The court balanced the competing interests of the pa
• Crandon v. Nelson-Bullock Co.
  109 Fla. 341· Fla.· 1933-04-07
  A Florida corporation sought to enjoin county commissioners from paying expert accountants and clerical assistants to investigate closed state banking institutions. The Florida Supreme Court affirmed the injunction, holding that the fine and forfeiture fund cannot be used to pay
• Jellesma v. Tampa Better Milk Producers Co-operative
  109 Fla. 200· Fla.· 1933-03-23
  This case challenges the constitutionality of Florida's cooperative marketing association statute and its exemption from antitrust laws. The Florida Supreme Court upholds the statute and affirms an injunction against a cooperative member who violated his contract with the associa
• Maley v. The City of Daytona Beach
  108 Fla. 471· Fla.· 1933-02-27
  This case concerns an appeal from an order dissolving a restraining order and dismissing a bill of complaint seeking to enjoin the City of Daytona Beach from entering into a new contract for printing the delinquent tax list. The appellate court found that despite the injury sough
• Midway Land & Dev. Co. v. Va. Tr. Co.
  108 Fla. 418· Fla.· 1933-01-28 ·via Temporary Injunction
  The Florida Supreme Court affirmed a lower court's decree in a mortgage foreclosure suit, finding that the chancellor's decisions regarding a temporary injunction, receiver appointment, mortgage reformation, and timber rights were supported by the facts and within the chancellor'
• Ellis v. Dixie Hwy. Special Rd. & Bridge Dist.
  103 Fla. 795· Fla.· 1931-12-07
  Bond brokers purchased negotiable bonds issued by a special road and bridge district, but the district refused to pay interest, claiming the bonds were stolen and duplicates had been issued. The Florida Supreme Court held that equity has jurisdiction to quiet title to the bonds a
• Williams v. Watson
  103 Fla. 45· Fla.· 1931-10-13
  The Florida Supreme Court held that a two-year contract between the Board of County Commissioners and an attorney to generally authorize foreclosure of tax certificates was unauthorized by statute and wholly void. The statute does not permit advance delivery of tax certificates t
• Story v. First Nat'l Bank & Tr. Co. in Orlando
  103 Fla. 397· Fla.· 1931-08-07
  The Florida Supreme Court addresses an interlocutory application by appellants in an estate dispute to appoint an administrator pendente lite and enjoin the named executor/trustee (First National Bank) from making disbursements pending appeal. The court grants a temporary injunct
• Myers v. Harkins
  102 Fla. 577· Fla.· 1931-07-28
  Myers, a lien claimant, appeals the court's decision to strike paragraphs of his answer in an injunction suit brought by Harkins to prevent sale of property under Myers's judgment lien. The court upheld the striking of Myers's answer paragraphs, finding they did not constitute va
• Sherman v. Ford
  102 Fla. 611· Fla.· 1931-07-28
  The Florida Supreme Court reversed a lower court's decision, holding that the property owner was indeed the head of a family residing in the state and thus entitled to homestead protection.
• The Brooksville Abstract Co. v. Kirk
  101 Fla. 175· Fla.· 1931-04-14
  The Brooksville Abstract Company sought to enjoin collection of taxes on its abstract plant, arguing the property had no value except in its hands and was therefore not subject to taxation. The Florida Supreme Court affirmed dismissal of the complaint, holding that an abstract pl
• Walter C. Hardesty, Inc. v. The Town of Holly Hill
  100 Fla. 1130· Fla.· 1930-11-04 ·via Temporary Injunction
  This case involves an appeal from an order dissolving a temporary injunction and dismissing a bill of complaint. The appellate court reversed the dismissal, finding that while the initial injunction may have been improperly granted, the bill of complaint itself was not wholly def
• Connelly v. The Special Rd. & Bridge Dist. No. 5
  100 Fla. 788· Fla.· 1930-09-11 ·via Dissolution Of Injunction
  P. F. Connelly appealed from a chancellor's order denying his petition to vacate prior decrees that dissolved an injunction and dismissed his bill of complaint against the Special Road and Bridge District and others. The Florida Supreme Court affirmed, holding that the chancellor