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

• Williams v. Hickson
  98 Fla. 544· Fla.· 1929-10-03 ·via Mandatory Injunction
  The Florida Supreme Court reversed a lower court's decision to sustain a demurrer and dismiss a property owner's complaint seeking a mandatory injunction. The court found the second amended bill of complaint adequately alleged the requirements for establishing a prescriptive ease
• City of Punta Gorda v. Charlotte Realty & Inv. Co.
  96 Fla. 210· Fla.· 1928-07-12
  This case involves a dispute over land ownership between a private company and the City of Punta Gorda. The company claimed ownership of certain lots, while the city asserted the land was dedicated for public use as parks and streets. The appellate court reversed a lower court's
• Sanders v. The City of Daytona Beach
  95 Fla. 279· Fla.· 1928-02-15
  The Florida Supreme Court upheld a municipal franchise granted by Daytona Beach to operate a motor bus line for white passengers only, rejecting constitutional challenges based on racial discrimination and due process grounds. The court found no evidence of unreasonable discrimin
• Evans v. Harvey
  94 Fla. 291· Fla.· 1927-07-15
  The court affirmed the dismissal of a bill of complaint and vacated a lis pendens, finding that the bill lacked equity and was filed solely to create a cloud on the title. The decision emphasizes that legal proceedings must present a justiciable question through proper allegation
• McClelland v. The Town of Eustis
  88 Fla. 272· Fla.· 1924-10-09
  The Florida Supreme Court reversed a lower court's decision to dissolve a temporary injunction, holding that while a town may have the authority to discontinue a street, it must provide compensation for improvements made by an abutting owner.
• Knights of Pythias v. Henry
  87 Fla. 209· Fla.· 1924-02-27
  This case involves a dispute over life insurance policy beneficiaries. The court reversed a lower court's decision, emphasizing the special protections afforded to infant defendants and the need for proper legal procedures to be followed, especially regarding jurisdiction and pro
• The Cnty. of Duval v. McTimmons
  86 Fla. 248· Fla.· 1923-07-30 ·via Temporary Injunction
  The Florida Supreme Court affirmed an injunction preventing county commissioners from removing shell below the level of an adjoining lake from the defendant's land. The court held that a deed conveying "all the shell located in or upon a mound" of shell referred only to shell abo
• Painter v. Penn Mut. Life Ins. Co
  S.D. Fla.· 1923-03-24
  A widow sought to cancel a release she executed on her husband's life insurance policy, alleging the insurance company's agents fraudulently represented that other insurers had agreed to pay their policies in full and that a pending lawsuit over her husband's vital organs would b
• The State of Fla. ex rel. The State Live Stock Sanitary Bd. of the State of Fla. v. Graddick
  82 Fla. 15· Fla.· 1921-06-18 ·via Mandatory Injunction
  The Florida Supreme Court held that a writ of mandamus cannot be issued against a private individual to compel compliance with administrative regulations requiring cattle dipping to eradicate ticks, even when authorized by statute, because mandamus historically applies only to pu
• Chase v. Cnty. of Orange
  81 Fla. 237· Fla.· 1921-02-28
  Landowners within a special navigable canal district sought to enjoin county commissioners from issuing bonds and contracting for canal construction, claiming the plans and specifications deviated materially from the petition authorizing the district. The Florida Supreme Court af
• Yaeger-Stuckey Live Stock Co. v. Fla. Pecan Endowment Co.
  77 Fla. 735· Fla.· 1919-05-26
  The Florida Supreme Court affirmed a lower court's decision to dissolve a temporary injunction, finding that the appellant failed to prove their case by a preponderance of the evidence. The court declined to rule on the constitutionality of a legislative act as it was not necessa
• Miami Bank & Tr. Co. v. The Bd. of Pub. Instruction for the Cnty. of Broward
  76 Fla. 531· Fla.· 1918-12-13
  The Florida Supreme Court reversed an order sustaining a demurrer to a bank's bill of complaint. The bank sought an accounting for funds advanced for school construction and an injunction to prevent the school board from disbursing funds raised for that specific purpose.
• Gunn Realty Co. v. Dutton
  76 Fla. 263· Fla.· 1918-08-13
  Gunn Realty Company sought to enjoin the sale of lands under an execution on a judgment against S.J. Gunn for a promissory note debt. The lower court dissolved the temporary injunction after finding that the conveyances to Gunn Realty were fraudulent schemes to hide S.J. Gunn's a
• Crawford v. Cnty. of Oscfola
  75 Fla. 652· Fla.· 1918-05-06
  The Florida Supreme Court reversed a lower court's decision to dismiss a taxpayer's bill seeking to enjoin a county contract. The court found that the bill sufficiently alleged that the contract was improperly awarded to a higher bidder, violating the law and taxpayer rights.
• Cason v. Watkins
  72 Fla. 578· Fla.· 1916-01-08
  Sumter County commissioners sought to issue road and bridge bonds authorized by voter election with 6% annual interest, but proposed to make interest payments semi-annually or at other intervals. Taxpayers challenged this as exceeding the commissioners' authority, arguing the int
• Sandlin v. The Hunter Co.
  70 Fla. 514· Fla.· 1915-12-15
  John Sandlin purchased land from John High and sought to enjoin The Hunter Company from cutting timber on the property. The trial court found that The Hunter Company had superior rights to cut the timber under earlier conveyances from High to timber lessees, and that Sandlin, hav
• James v. Davidson
  69 Fla. 324· Fla.· 1915-03-23
  Resident taxpayers of Clearwater challenged a special street paving assessment, arguing that a donor's contribution of one-third of the cost should reduce their two-thirds liability. The Florida Supreme Court affirmed the lower court's dismissal, holding that a donation made to t
• Zachery v. Dutton
  69 Fla. 279· Fla.· 1915-03-02
  This case concerns a dispute over timber rights for turpentine purposes. The court affirmed a permanent injunction preventing appellants from cutting timber on land subject to a turpentine lease held by appellees, ruling that the lease terms took precedence over subsequent claims
• Tischler v. Dawson
  69 Fla. 272· Fla.· 1915-02-24
  Philip Tischler sought to enjoin Dawson and Carroll from interfering with his claimed ownership of a wall between two lots in Jacksonville. The Florida Supreme Court affirmed the lower court's dismissal of Tischler's bill and its grant of an injunction protecting Dawson and Carro
• Campbell v. Maull
  69 Fla. 102· Fla.· 1915-02-03
  Campbell sought to enforce a non-compete covenant in a contract with Maull prohibiting Maull from manufacturing or dealing in fruit packing house equipment for five years. The trial court dissolved a temporary restraining order and sustained a demurrer to the complaint. The Flori
• Beckwith v. Rousseau
  68 Fla. 15· Fla.· 1914-06-25
  The Florida Supreme Court reversed a trial court's order sustaining a demurrer to a bill of complaint seeking to enjoin county commissioners from executing a courthouse construction contract. The court held that statutory notice requirements for such projects were not satisfied w
• Abstract & Realty Co. v. The City of Gainesville
  67 Fla. 284· Fla.· 1914-03-27
  The Florida Supreme Court affirmed a lower court's temporary injunction against Abstract & Realty Company, preventing the construction of a building. The court found the record insufficient to make a definitive ruling and remanded for further testimony to clarify the disputed lan
• Eldis Barnett v. J. M. Bell and Others
  65 Fla. 413· Fla.· 1913-05-06 ·via Temporary Injunction
  The Florida Supreme Court affirmed an order denying a temporary injunction, finding that the appellant's delay and prior dismissal for lack of prosecution justified the lower court's discretion.
• Hover v. Thompson
  64 Fla. 301· Fla.· 1912-06-01
  A lessor sought to enjoin a lessee from conducting wholesale fish dealing operations on leased dock property. The Florida Supreme Court affirmed the trial court's decision to deny a temporary injunction and set aside a default judgment, holding that the lease language was ambiguo
• Mizell v. Cnty. of DeSoto & Others
  63 Fla. 541· Fla.· 1912-01-01 ·via Temporary Injunction
  Joshua Mizell appealed from a denial of his request for a temporary injunction against a DeSoto County construction contract. The Florida Supreme Court reversed, finding that certain provisions authorizing the county to issue 'warrants' to the contractors lacked legal authority a
• Bowman v. Arey
  62 Fla. 440· Fla.· 1911-06-01 ·via Temporary Injunction
  Bowman appeals from a temporary injunction granted to enforce a non-compete covenant in a business sale agreement. The Florida Supreme Court affirms the injunction, holding that the contract prima facie justifies the restraining order pending full hearing on the merits.
• Ward v. German-American Lumber Co.
  62 Fla. 582· Fla.· 1911-06-01
  The Florida Supreme Court affirmed a decree enforcing timber rights in favor of German-American Lumber Company against subsequent purchaser Ward. The court held that Ward, who had actual notice of a prior timber contract and was not a bona fide purchaser for value, could not defe
• Sinclair v. Hornsby
  61 Fla. 742· Fla.· 1911-01-01
  In this equity case, the Florida Supreme Court affirmed an injunction preventing C. W. Sinclair from cutting and removing timber from land owned by the heirs of Israel Kendrick. The court held that the complainants' general allegations of ownership in fee simple were sufficient t
• Hartzell v. Brash
  61 Fla. 606· Fla.· 1911-01-01
  Sam Hartzell appealed the dismissal of his bill of complaint seeking an accounting and receivership in a business dispute with Sarah and Henry Brash. The Florida Supreme Court reversed the dismissal, holding that Hartzell stated a valid claim for equitable relief based on an alle
• Tice v. Dickerson
  60 Fla. 380· Fla.· 1910-06-01
  Appellants sought an equity injunction and accounting against officers of a Masonic Grand Lodge over allegedly misappropriated lodge funds. The trial court sustained a demurrer and dissolved a temporary injunction without specifying which grounds were sustained. The Florida Supre
• Wefel v. Williams & Pritchett
  58 Fla. 538· Fla.· 1909-06-01
  This case involves the proper construction of a timber lease executed in 1903, specifically whether a reserved turpentining right by the original grantor survived beyond January 1, 1907, when the lessee (now represented by appellant) sought to enjoin continued turpentining operat
• Stuckey & Tiller Co. v. Priest
  56 Fla. 876· Fla.· 1908-06-01 ·via Temporary Injunction
  Stuckey & Tiller Company appealed from orders denying temporary injunctions to stop defendants from turpentining lands. The court upheld the lower court's denial, holding that where a defendant shows actual possession and no insolvency or waste is demonstrated, discretion lies wi
• McNair & Wade Land Co. v. Wyatt Jackson
  53 Fla. 853· Fla.· 1907-01-01 ·via Temporary Injunction
  The Florida Supreme Court affirmed the lower court's refusal to grant a temporary injunction to McNair and Wade Land Company against Wyatt Jackson for alleged timber trespass. The Court found the complaint insufficiently stated the facts necessary to obtain injunctive relief, par
• Smith v. Mariam L. Connor
  53 Fla. 856· Fla.· 1907-01-01
  Russell B. Smith and assignees appealed a circuit court decree enjoining a foreclosure sale and declaring a foreclosure decree null and void. The Florida Supreme Court reversed, holding that affirmative foreclosure relief cannot be granted to a defendant on an answer without a cr
• Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner
  52 Fla. 494· Fla.· 1906-06-01
  This case concerns whether repeated trespasses, without allegations of irreparable harm or insolvency of the trespassers, warrant equitable intervention for an accounting. The court denied a rehearing, reaffirming its prior decision that the allegations did not meet the establish
• Peacock v. Irvine
  52 Fla. 562· Fla.· 1906-06-01
  The Florida Supreme Court affirmed a lower court's decision to refuse a temporary injunction, holding that the facts presented were available as a legal defense in a common law action and did not necessitate equitable relief.
• Summers v. The First Nat'l Bank of Gainesville
  51 Fla. 564· Fla.· 1906-01-01
  Appellants sought to enjoin the sale of machinery they claimed was a fixture to their real property, which had been levied upon and sold by the sheriff in an attachment action against a former owner. The Florida Supreme Court affirmed the dismissal of their bill, holding that equ
• Hayden v. Thrasher
  28 Fla. 162· Fla.· 1891-06-01
  Hayden sought to subject property purchased by the Thrasher brothers to satisfy his demand arising from fraudulently procured endorsements of promissory notes. The Florida Supreme Court held that while Hayden established fraud in procuring his endorsement, he could only recover a
• Adams v. White
  23 Fla. 352· Fla.· 1887-06-01
  The court reversed a lower court's decision to overrule a demurrer, finding the bill of complaint was insufficient. The case involved a dispute over whether certain lands, acquired under a U.S. homestead act, were subject to a prior judgment debt.
• Uriah Bowden v. Adams
  22 Fla. 208· Fla.· 1886-01-01
  This case concerns the authority of County Commissioners to declare a road a public highway when a portion has been enclosed and held adversely for over thirteen years without official recognition. The court found the Commissioners lacked the power to make such a determination, a
• Wilson's Admimistrator v. Dibble
  16 Fla. 782· Fla.· 1878-06-01
  Wilson's Administrator appealed the overruling of a plea in abatement in a mortgage foreclosure suit, arguing the original defendant (Sheriff Barnes) was not yet the legal administrator when the bill was filed. The Florida Supreme Court reversed, holding that the foreclosure bill
• Coxetter v. Huertas
  14 Fla. 270· Fla.· 1873-04-01
  This case involves an appeal from a lower court's refusal to grant an injunction. The appellate court affirmed the lower court's decision, finding that the appellant had an adequate remedy at law and therefore could not seek equitable relief through an injunction.
• Magee v. Bunting
  Del. Ch.· ·via Permanent Injunction
  The court held that the plaintiff, Magee, owns the irrigation systems. The court found that the lease provision regarding improvements did not apply to pre-existing systems and that an oral agreement between Magee and the landlord's predecessor granted Magee ownership. Consequent