Injunction

5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan
  806 So. 2d 452· Fla.· 2002-01-03 ·cited 31×
  The Florida Supreme Court held that a condominium association may validly amend its declaration to restrict leasing of units, even as applied to owners who purchased their units before the amendment was adopted. The court rejected the Second District's holding that such retroacti
• Rewjb GAS Invs. v. Land O' SUN Realty, Ltd.
  643 So. 2d 1107· Fla. 4th DCA· 1994-08-31 ·cited 31×·via Temporary Injunction
  The court held that a trial court has discretion to impose monetary conditions, such as requiring payment of market rent, as a condition for granting a stay of eviction proceedings pending the outcome of another lawsuit.
• Seaescape, Ltd., Inc. v. Maximum Mktg. Exposure, Inc.
  568 So. 2d 952· Fla. 3d DCA· 1990-09-21 ·cited 31×·via Temporary Injunction
  SeaEscape appealed a trial court's ex parte temporary injunction requiring it to continue employment contracts with Panebianco and Maximum Marketing. The Third District Court of Appeal reversed, holding that personal service contracts are not enforceable by injunction and that Se
• Hybritech Inc. v. Abbott Labs.
  849 F.2d 1446· Fed. Cir.· 1988-06-17 ·cited 31×·via Preliminary Injunction
  The court affirmed the district court's grant of a preliminary injunction, finding no abuse of discretion in its determination of a likelihood of success on the merits, irreparable harm, balance of hardships, or public interest.
• Ragsdale v. Turnock
  841 F.2d 1358· 7th Cir.· 1988-03-10 ·cited 31×·via Preliminary Injunction
  The dissenting judge argues that the majority incorrectly invalidated the Illinois Ambulatory Surgical Treatment Center Act (ASTCA) and related regulations, asserting that the state has the authority to regulate surgical procedures, including abortions, for patient safety and cos
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×·via Preliminary Injunction
  The court held that the district court had jurisdiction over Texaco's claims regarding the Texas bonding and lien provisions violating due process and equal protection, but lacked jurisdiction over other claims that constituted an impermissible review of the Texas state court jud
• In re Lonzy Oliver. Appeal of Lonzy Oliver
  682 F.2d 443· 3d Cir.· 1982-06-30 ·cited 31×
  A district court has the power to enjoin a litigious pro se prisoner from filing further cases under the All Writs Act, but such an order must provide the prisoner with notice and an opportunity to be heard.
• Hollis v. Itawamba Cnty. Loans
  657 F.2d 746· 5th Cir.· 1981-09-30 ·cited 31×·via Preliminary Injunction
  The court held that the district court erred in dismissing the plaintiff's § 1983 action for damages without a proper hearing on the merits, and that the issue of the Mississippi replevin statute's constitutionality should be considered on remand.
• Carpet v. Brown
  656 F.2d 564· 10th Cir.· 1981-07-30 ·cited 31×·via Mandatory Injunction
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs' allegations, if proven, could support mandamus or mandatory injunction relief.
• United States v. Byrd
  609 F.2d 1204· 7th Cir.· 1979-10-15 ·cited 31×·via Preliminary Injunction
  The court held that the Corps of Engineers has the authority under the Commerce Clause to regulate activities in wetlands adjacent to intrastate lakes used by interstate travelers, and that the permit requirement does not constitute an uncompensated taking without exhaustion of a
• United States v. Wilber N. Olander
  584 F.2d 876· 9th Cir.· 1978-09-07 ·cited 31×·via Injunction Enforcement
  The court held that a fisherman's conviction for criminal contempt for violating an injunction regulating fishing was affirmed if the fisherman knowingly violated the injunction, but reversed if the fisherman had complied with the injunction's requirements as interpreted by the c
• J & S Coin Operated Machs., Inc. v. Gottlieb
  362 So. 2d 38· Fla. 3d DCA· 1978-07-18 ·cited 31×
  The court held that a motion for judgment on the pleadings was prematurely filed before answers were due, and that the trial court erred in construing a modifying letter without considering the entire agreement and parties' intent.
• Groos Nat'l Bank & Clinton Manges v. Comptroller OF the Currency
  573 F.2d 889· 5th Cir.· 1978-05-26 ·cited 31×
  The court held that the district court lacked jurisdiction to entertain a declaratory judgment action challenging the validity of a 1973 agreement between a bank and the Comptroller, as such actions are barred by 12 U.S.C. § 1818(i) except as provided within the administrative re
• Commodity Futures Trading Comm'n v. Muller
  570 F.2d 1296· 5th Cir.· 1978-04-10 ·cited 31×·via Preliminary Injunction
  The court held that the Commodity Futures Trading Commission has jurisdiction over London commodity options and that the evidence was sufficient to support a preliminary injunction freezing the defendant's assets.
• Shinto Shipping Co., Ltd. v. Fibrex & Shipping Co., Inc.
  572 F.2d 1328· 9th Cir.· 1978-03-31 ·cited 31×·via Preliminary Injunction
  The court held that the appellee did not waive its right to arbitration by taking depositions, and the district court did not abuse its discretion in denying the request for a temporary restraining order and preliminary injunction.
• Amalgamated Transit Union, Div. 1384 & the Amalgamated Council of Greyhound Divisions, AFL-CIO v. Greyhound Lines, Inc.
  529 F.2d 1073· 9th Cir.· 1976-01-30 ·cited 31×·via Boys Markets Injunction
  A party seeking to maintain the status quo pending arbitration under § 301 of the LMRA need only show that their position in arbitration is not plainly without merit, and the bond for a preliminary injunction can include attorneys' fees.
• Walker F. Rucker v. Willis
  484 F.2d 158· 4th Cir.· 1973-08-23 ·cited 31×·via Preliminary Injunction
  The court held that the administrative record should be supplemented to determine if the Corps of Engineers properly assessed the need for an environmental impact statement.
• Hough v. Stembridge
  278 So. 2d 288· Fla. 3d DCA· 1973-05-22 ·cited 31×·via Petition For Injunction
  Members-elect of public boards are covered by the Government in the Sunshine Law, and reasonable public notice is mandatory for all public meetings.
• Coleman v. The Honorable Arthur L. Burnett
  477 F.2d 1187· D.C. Cir.· 1973-03-14 ·cited 31×
  The court should have allowed broader cross-examination at the preliminary hearing to probe probable cause.
• Cousins v. Wigoda
  463 F.2d 603· 7th Cir.· 1972-06-29 ·cited 31×
  The court held that vacating a preliminary injunction against a state court action seeking to suppress First Amendment rights was an abuse of discretion.
• State of Fla. ex rel. Louie L. Wainwright v. Holley
  234 So. 2d 409· Fla. 2d DCA· 1970-04-17 ·cited 31×·via Writ Of Injunction
  The State of Florida challenged a circuit court order requiring delivery of a parolee to the Sheriff of Pinellas County after the parolee filed a petition for writ of injunction challenging parole revocation proceedings. The court held that the circuit court lacked venue to hear
• Wash. Capitols Basketball Club, Inc. v. Barry
  419 F.2d 472· 9th Cir.· 1969-11-28 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to maintain the status quo pending a final determination of the case.
• Brotherhood OF Locomotive Firemen AND Enginemen v. United States
  411 F.2d 312· 5th Cir.· 1969-05-02 ·cited 31×
  The court held that the criminal contempt proceedings lacked due process because the defendants were not given adequate notice and time to prepare their defense, and the prosecution was improperly handled by private counsel for the opposing parties.
• Concord Fabrics, Inc. v. Marcus Bros. Textile Corp.
  409 F.2d 1315· 2d Cir.· 1969-03-12 ·cited 31×·via Preliminary Injunction
  The court held that the district court erred in denying a preliminary injunction because the allegedly infringing design was substantially similar to the copyrighted design.
• Detroit Football Co. v. Robinson
  283 F.2d 657· 5th Cir.· 1960-11-14 ·cited 31×·via Preliminary Injunction
  The court held that the denial of a preliminary injunction will be affirmed if the trial court did not abuse its discretion.
• Orkin Exterminating Co. OF S. Fla., Inc. v. Truly Nolen, Inc.
  117 So. 2d 419· Fla. 3d DCA· 1960-01-25 ·cited 31×
  Orkin Exterminating Company appealed a chancery decree awarding Truly Nolen, Inc. compensatory and punitive damages for tortious interference with employment contracts. The Florida appellate court reversed the punitive damages award, holding that equity courts lack authority to a
• Mitchell v. E-Z WAY Towers, Inc.
  269 F.2d 126· 5th Cir.· 1959-07-30 ·cited 31×
  The court should affirm the order for a more definite statement but reverse the dismissal and remand to allow the plaintiff time to comply.
• Orval E. Faubus v. United States (Amicus Curiæ
  254 F.2d 797· 8th Cir.· 1958-04-28 ·cited 31×·via Preliminary Injunction
  The court held that the affidavit of prejudice was untimely and insufficient, the district court had jurisdiction to issue the injunction, and a three-judge court was not required. The Governor's discretion in using the National Guard is not absolute and can be questioned when it
• Peters v. Brown
  55 So. 2d 334· Fla.· 1951-10-09 ·cited 31×
  The Supreme Court of Florida reversed a permanent injunction against a dental technician accused of practicing dentistry without a license. The court found the evidence against the technician was "purchased" and obtained through entrapment, violating principles of fair dealing an
• Seagram-Distillers Corp. v. Ben Greene, Inc.
  54 So.2d 235· Fla.· 1951-09-14 ·cited 31×
  This case consolidates three lawsuits where liquor distributors sought to enjoin a retailer from selling their products below prices set in fair trade agreements. The Florida Supreme Court affirmed the dismissal of these suits, finding the retailer was not a party to any such agr
• Young v. Miami Beach Improvement Co.
  46 So. 2d 26· Fla.· 1950-04-18 ·cited 31×
  The Supreme Court of Florida reversed contempt judgments against the Citizens League of Miami Beach and its president, finding insufficient evidence of intent to violate a prior court decree. The court affirmed other aspects of the lower court's order, which aimed to prevent furt
• Cook v. Davis
  178 F.2d 595· 5th Cir.· 1949-12-28 ·cited 31×
• Bowles v. Montgomery Ward & Co., Inc.
  143 F.2d 38· 7th Cir.· 1944-05-26 ·cited 31×·via Injunction Scope
  The court held that a preliminary injunction was properly granted and was not broader than warranted, given the defendant's systemic non-compliance with price regulations.
• J. C. Penney Co. v. H. D. Lee Mercantile Co.
  120 F.2d 949· 8th Cir.· 1941-06-19 ·cited 31×
  The court held that while defendant could imitate plaintiff's unpatented bib-pocket design, it was enjoined from palming off its overalls as plaintiff's and must adequately distinguish its product. The court reversed the order for an accounting of profits and damages.
• R. J. Foxworth and his wife v. Maddox
  103 Fla. 32· Fla.· 1931-10-09 ·cited 31×
  A homebuyer who had failed to pay the full purchase price under a bond for title sought specific performance to compel a conveyance of Florida land after making subsequent partial payments under a lease-purchase agreement. The court reversed the trial court's decree requiring con
• Mrs. C. J. Rambo and J. R. Sealey v. Dickenson
  92 Fla. 758· Fla.· 1926-10-20 ·cited 31×
  This case concerns a dispute over timber rights on land. The court affirmed a lower court's decision to grant an injunction, protecting a subsequent purchaser who bought the land without notice of a prior unrecorded timber deed.
• The State of Fla. ex rel. Rivers H. Buford v. City of Tampa & D. P. Davis
  88 Fla. 196· Fla.· 1924-09-09 ·cited 31×
  The Florida Supreme Court upheld the City of Tampa's right to sell submerged lands in Hillsborough Bay to D. P. Davis for development as a residential subdivision. The court held that the State, through its Legislature, had constitutional authority to divest itself of title to su
• C. D. Clark as Sheriff of Calhoun Cnty. v. Cox
  80 Fla. 63· Fla.· 1920-06-12 ·cited 31×
  This case concerns whether a conveyance of a 100-foot strip for a railroad right-of-way across a homestead destroys the contiguity required for homestead exemption. The court held that under the specific facts, the conveyance did not destroy the homestead character of the land on
• Fla. High Sch. Athletic Ass'n v. Priam Rosenberg
  117 So. 3d 825· Fla. 4th DCA· 2013-06-26 ·cited 30×·via Temporary Injunction
  The court held that the trial court did not err in granting a temporary injunction but did err in failing to set a bond.
• Aronowitz v. Health-Chem Corp.
  513 F.3d 1229· 11th Cir.· 2008-01-15 ·cited 30×·via Permanent Injunction
  Aronowitz and his entities sued Health-Chem for breach of two contracts: a 2002 joint venture agreement and a 2003 agreement that purportedly superseded it. The district court granted judgment as a matter of law in favor of Health-Chem on the 2002 breach claim, finding the 2003 c
• Moody v. Moody
  721 So. 2d 731· Fla. 1st DCA· 1998-06-03 ·cited 30×
  In this consolidated appeal and prohibition petition, the First District Court of Appeal reversed a contempt order that transferred custody of an asthmatic child from the wife to the husband as punishment for alleged smoking in the child's presence and denying visitation. The cou
• State v. Brock
  576 So. 2d 848· Fla. 1st DCA· 1991-03-18 ·cited 30×
  The Florida Department of Revenue appealed a circuit court's permanent injunction preventing the Department from collecting gross receipts tax on separately billed telephone charges in hotels and motels. The appellate court reversed, holding that the hotel and motel operators fai
• Pelfresne v. Vill. OF Williams BAY
  917 F.2d 1017· 7th Cir.· 1990-11-08 ·cited 30×
  A purchaser is not bound by a state court's raze order if it does not appear of record in the chain of title, but may be bound if they had actual or inquiry notice of the order.
• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc.
  874 F.2d 1346· 10th Cir.· 1989-05-05 ·cited 30×·via Permanent Injunction
  The court held that the contract contained an implied covenant for Shoshone to stay in business for the duration of the contract, so long as its members have a need for power, and that the district court's denial of a permanent injunction should be vacated and set aside.
• Hyde Park P'rs, L.P. v. Connolly
  839 F.2d 837· 1st Cir.· 1988-02-04 ·cited 30×·via Preliminary Injunction
  The court held that the penalty provision of the Massachusetts Takeover Bid Regulation Act likely violates the Commerce Clause, while the likelihood of success on the disclosure provision's Commerce Clause claim is uncertain.
• Robi v. Five Platters, Inc.
  838 F.2d 318· 9th Cir.· 1988-01-27 ·cited 30×·via Preliminary Injunction
  The court held that the district court erred in reversing the New York judgment's preclusive effect by applying the California judgment's issue preclusion, and affirmed the district court's application of claim preclusion to the Robi cases.
• Calvin Klein Cosmetics Corp. v. Lenox Labs., Inc.
  815 F.2d 500· 8th Cir.· 1987-03-31 ·cited 30×·via Preliminary Injunction
  The court held that the district court abused its discretion by granting a preliminary injunction based on an insufficient showing of probable success on the merits and inadequate consideration of the public interest.
• Marvin Hayes Lines, Inc. v. Central States
  814 F.2d 297· 6th Cir.· 1987-03-20 ·cited 30×·via Preliminary Injunction
  The court held that while the chosen withdrawal date was erroneous, the denial of interim payments was improper, and the case should be remanded for further proceedings.
• United States v. Lawrence Cnty. Sch. Dist.
  799 F.2d 1031· 5th Cir.· 1986-09-15 ·cited 30×·via Modification Of Injunction
  The court held that the 1974 order did not declare the school system unitary and that the school board had failed to comply with prior desegregation orders regarding faculty assignment and bus routes.
• Stieberger v. Bowen
  801 F.2d 29· 2d Cir.· 1986-09-08 ·cited 30×·via Preliminary Injunction
  The preliminary injunction against the Secretary of Health and Human Services is vacated because a subsequent, less far-reaching remedy ordered in a related case (Schisler v. Heckler) addresses the core issues concerning the treating physician rule.