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

• Hill v. City OF EL Paso
  437 F.2d 352· 5th Cir.· 1971-01-05 ·cited 30×
  The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
• Bayless v. Martine
  430 F.2d 873· 5th Cir.· 1970-06-24 ·cited 30×·via Preliminary Injunction
  The court held that the students' suspensions were valid because they violated lawful directions from the Dean of Students regarding the time and place of their demonstration.
• S. Alameda Spanish Speaking Org. (also known as Sasso) v. City OF Union City
  424 F.2d 291· 9th Cir.· 1970-03-16 ·cited 30×·via Preliminary Injunction
  The court held that a city-wide referendum rejecting a zoning change for low-income housing did not violate due process or equal protection, and thus did not require a three-judge court or preliminary injunction.
• Atomic OIL Co. OF Okla., Inc. v. Bardahl OIL Co.
  419 F.2d 1097· 10th Cir.· 1969-12-30 ·cited 30×·via Wrongful Injunction
  A bond given as a condition precedent to a temporary injunction under Fed.R.Civ.P. 65(c) is supplemented, not supplanted, by a second bond for a permanent injunction, and recovery is permissible on both bonds even if the trial court later determines the injunction was improperly
• Weisberg v. Powell
  417 F.2d 388· 7th Cir.· 1969-10-03 ·cited 30×·via Injunction Pending Appeal
  The court held that the Secretary of State's intentional and purposeful discrimination in arranging ballot order, by favoring certain candidates through a Sunday mail pickup scheme, violated the Equal Protection Clause.
• Potrero Hill Cmty. Action Comm. v. The Hous. Auth. OF the City & Cnty. OF SAN Francisco
  410 F.2d 974· 9th Cir.· 1969-04-24 ·cited 30×·via Mandatory Injunction
  The court held that the tenants' claims could not be aggregated to meet the $10,000 amount in controversy requirement for federal question jurisdiction under 28 U.S.C. § 1331 because they did not assert a single right in which they had a common and undivided interest.
• Nat'l Labor Relations Bd. v. The Great Atl. & Pac. TEA Co., Inc.
  406 F.2d 1173· 5th Cir.· 1969-01-28 ·cited 30×·via Scope Of Injunctions
  The court held that the Board's order should be enforced as modified, limiting the injunction to conduct like or related to the violations found.
• Thompson v. The NEW York Cent. R.R. Co.
  361 F.2d 137· 2d Cir.· 1966-05-17 ·cited 30×·via Preliminary Injunction
  The court held that the interpretation of the collective bargaining agreement regarding seniority transfers is within the exclusive jurisdiction of the Adjustment Board, not the courts. The second claim under the LMRDA was also dismissed for lack of subject matter jurisdiction.
• Hyde Constr. Co., Inc. v. Koehring Co.
  348 F.2d 643· 10th Cir.· 1965-07-21 ·cited 30×
  The court held that the Fifth Circuit lacked the statutory power to order a transfer of venue, and therefore the Oklahoma district court lacked jurisdiction to issue the restraining order and hold appellants in contempt.
• United States v. State OF Miss.
  339 F.2d 679· 5th Cir.· 1964-12-28 ·cited 30×
  The court held that the trial court erred in not finding a pattern or practice of racial discrimination in voter registration and that the relief granted was insufficient.
• McCOY v. La. State Bd. OF Educ.
  332 F.2d 915· 5th Cir.· 1964-06-05 ·cited 30×·via Injunction Pending Appeal
  The court granted the motion for an injunction pending appeal, ordering the admission of the plaintiff and others similarly situated to the state college.
• Austin v. Altman
  332 F.2d 273· 2d Cir.· 1964-05-15 ·cited 30×·via Preliminary Injunction
  The denial of a temporary restraining order is not an appealable order under 28 U.S.C. § 1292(a)(1), and the complaint fails to establish federal question or diversity jurisdiction.
• Farowitz v. Associated Musicians OF Greater NEW York
  330 F.2d 999· 2d Cir.· 1964-04-29 ·cited 30×·via Preliminary Injunction
  A union member is protected against disciplinary action for urging non-payment of dues when he has good reason to believe the dues are illegal, and exhaustion of internal union remedies is not required if it would be futile.
• Retail Clerks Union Local 1222, AFL-CIO v. Alfred M. Lewis, Inc.
  327 F.2d 442· 9th Cir.· 1964-02-03 ·cited 30×·via Mandatory Injunction
  The court held that federal district courts have jurisdiction under Section 301(a) of the Labor-Management Relations Act to enforce collective bargaining agreements, and that the Norris-LaGuardia Act does not bar such enforcement actions when they do not involve enjoining specifi
• United States & Captain Harold S. Bottomley, Jr. v. Arlington Cnty.
  326 F.2d 929· 4th Cir.· 1964-01-10 ·cited 30×
  The United States has standing to sue on behalf of servicemen to enforce the Soldiers' and Sailors' Civil Relief Act, and a serviceman's personal property is not taxable by a state where he is stationed if it is not his "home" state.
• Caddy-Imler Creations, Inc. v. Caddy
  299 F.2d 79· 9th Cir.· 1962-02-02 ·cited 30×
  The court held that the trial court did not err in finding no copyright infringement, no trademark infringement, no violation of duties regarding customer lists, and no abuse of discretion in denying motions to amend pleadings or grant a permanent injunction.
• Moore v. Ina S. Thompson
  126 So. 2d 543· Fla.· 1960-12-16 ·cited 30×
  The Florida Supreme Court reversed a trial court decision upholding Chapter 59-295, which prohibited motor vehicle dealers from conducting business on Sundays and certain legal holidays. The Court held the law unconstitutional as an arbitrary prohibition that lacked a valid and s
• City OF Tampa v. Consol. BOX Co., Inc.
  110 So. 2d 446· Fla. 2d DCA· 1959-04-03 ·cited 30×·via Suit For Injunction
  The City of Tampa appealed a court order declaring its C-1 zoning of Consolidated Box Company's property unreasonable and invalid, and rezoning it to C-2. The appellate court affirmed the finding that C-1 was arbitrary and unreasonable but reversed the court's rezoning authority,
• Cooper v. Fulton
  107 So. 2d 798· Fla. 3d DCA· 1959-01-06 ·cited 30×
  In an interlocutory appeal of a discovery order, the Third District Court of Appeal reversed a trial court's order requiring defendants to produce insurance policy records and customer information during the preliminary stages of a partnership dissolution suit. The court held tha
• Tseung CHU v. Cornell
  247 F.2d 929· 9th Cir.· 1957-07-11 ·cited 30×
  A conviction for willful failure to pay federal income tax involves moral turpitude under federal immigration law, regardless of state court interpretations.
• George M. DAY ad litem of the Estate of Charles A. De Priest v. The Pa. R.R. Co.
  243 F.2d 485· 3d Cir.· 1957-04-17 ·cited 30×
  The court held that an order staying proceedings pending a decision by the National Railroad Adjustment Board is not an appealable interlocutory order because it is a regulation of the litigation, not an injunction.
• Indep. Petroleum Workers of N.J. v. Esso Standard OIL Co.
  235 F.2d 401· 3d Cir.· 1956-06-26 ·cited 30×·via Mandatory Injunction
  A federal district court has jurisdiction under Section 301 of the Labor Management Relations Act to decree specific performance of a collective bargaining agreement provision requiring negotiation on salary rates for new job classifications.
• Washingtonian Apt. Hotel Co. v. Schneider
  75 So. 2d 907· Fla.· 1954-11-16 ·cited 30×·via Mandatory Injunction
  The Florida Supreme Court reversed a decree granting a mandatory injunction to force removal of a building encroachment. The court held that the covenant restricting building construction to ten feet from the property line did not run with the land because it was limited to the o
• Mytinger & Casselberry, Inc. v. Numanna Labs. Corp.
  215 F.2d 382· 7th Cir.· 1954-08-23 ·cited 30×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting the preliminary injunction, as the record presented a reasonable basis for the order.
• Robinson v. Feltus
  68 So. 2d 815· Fla.· 1953-12-18 ·cited 30×
  Robinson, a tenant under a 99-year lease, sought to compel removal of a landlord's encroachments onto a parking easement and obtain abatement of rent. The Florida Supreme Court affirmed dismissal of the bill, holding that an easement with specified width dimensions should be inte
• Zaucha et ux. v. Town OF Medley
  66 So. 2d 238· Fla.· 1953-07-03 ·cited 30×
  Appellants purchased property knowing a public roadway crossed it, then sued to prevent the Town of Medley from widening the road based on a 1921 county resolution establishing a 60-foot right-of-way. The Florida Supreme Court affirmed dismissal, holding that purchasers had impli
• Am. Fire & Cas. Co. v. Rader
  160 Fla. 700· Fla.· 1948-07-16 ·cited 30×·via Mandatory Injunction
  The court held that the bill of complaint did not state a case for injunctive relief and that the temporary orders were improperly granted without notice.
• Grand Union Equip. Co., Inc v. Lippner
  167 F.2d 958· 2d Cir.· 1948-05-07 ·cited 30×·via Modification Of Injunction
  A bankruptcy court has the power to modify a final injunction prohibiting actions against a debtor, even after the confirmation decree, to allow a creditor to pursue an action against the debtor's insurer.
• Wilhartz v. Turco Prods., Inc.
  164 F.2d 731· 7th Cir.· 1947-12-23 ·cited 30×
  The court held that the words 'Auto Shampoo' and 'Car Shampoo' are merely descriptive and cannot be valid trademarks, and that the plaintiff's use of 'Hurricane Auto Shampoo' did not constitute unfair competition.
• Farrall v. Dist. of Columbia Amateur Athletic Union
  153 F.2d 647· D.C. Cir.· 1946-02-25 ·cited 30×
  The court held that genuine issues of material fact existed, precluding dismissal or summary judgment, and that the complaint, if proven, stated a claim for relief.
• Walling v. Shenandoah-Dives Mining Co.
  134 F.2d 395· 10th Cir.· 1943-03-08 ·cited 30×
  The court held that future compliance does not moot the issue of past violations or the question of whether to restrain future violations under the Fair Labor Standards Act.
• Parev Prods. Co., Inc. v. I. Rokeach & Sons, Inc.
  124 F.2d 147· 2d Cir.· 1941-12-24 ·cited 30×
  The court held that while an implied negative covenant might exist, a broad injunction against selling a competing product was unwarranted; plaintiff must prove loss of its specific market share.
• ST. Joseph Tel. & Tel. Co. v. Se. Tel. Co.
  149 Fla. 14· Fla.· 1941-12-12 ·cited 30×
  A public utility telephone company sought to enjoin a competitor from constructing telephone lines in Florida counties where both companies held franchises. The Florida Supreme Court held that a private corporation cannot use injunctive relief to challenge another corporation's f
• Scalise v. Nat'l Util. Serv., Inc.
  120 F.2d 938· 5th Cir.· 1941-06-20 ·cited 30×
  The court held that the defendants' actions in obtaining a corporate charter under the plaintiff's name to obstruct the plaintiff's lawsuit constituted a wrongful act supporting both an injunction and damages, and that the advice of counsel defense was not applicable as a matter
• City OF Manchester v. Leiby
  117 F.2d 661· 1st Cir.· 1941-02-17 ·cited 30×·via Suit For Injunction
  A municipal ordinance requiring street vendors of literature to obtain a badge for identification, without any element of prior censorship, is a reasonable police regulation that does not unconstitutionally infringe upon freedom of speech, press, or religion.
• Valdez v. State
  142 Fla. 123· Fla.· 1940-02-27 ·cited 30×
  The Florida Supreme Court upheld the trial court's denial of a motion to dismiss a bill of complaint seeking to enjoin alleged lottery operations (Bolita, Cuba, and Bond) as a public nuisance, and affirmed the striking of portions of defendants' answers that claimed repeal by imp
• Sweat v. Turpentine & Rosin Factors, Inc.
  112 Fla. 428· Fla.· 1933-10-20 ·cited 30×
  The court affirmed an injunction against a state law prohibiting auxiliary gasoline tanks in motor vehicles. The court found the law invalid because it did not serve a legitimate public safety, welfare, health, or morals purpose and was discriminatory.
• The Metropolis Publ'g Co. v. City of Miami
  100 Fla. 784· Fla.· 1930-09-11 ·cited 30×
  The Metropolis Publishing Company appealed an order dismissing its bill of complaint, which sought to enjoin the City of Miami from issuing a building permit for a gasoline station. The court affirmed the dismissal, finding the company failed to allege sufficient facts to justify
• Pedrick v. Vidal
  95 Fla. 952· Fla.· 1928-05-19 ·cited 30×
  The Florida Supreme Court affirmed an order overruling a demurrer to an amended bill seeking specific performance of an oral lease agreement. The court held that an oral agreement for a lease can be specifically enforced when the lessee is put in possession, pays rent according t
• Wheeler v. Meggs
  75 Fla. 687· Fla.· 1918-05-13 ·cited 30×
  The Florida Supreme Court denied an application for an extraordinary writ to enjoin a local option election scheduled for May 14, 1918, in Duval County. The appellants challenged the election on grounds of procedural irregularities and alleged violation of the constitutional sixt
• McCall v. Lee
  66 Fla. 14· Fla.· 1913-06-17 ·cited 30×·via Temporary Injunction
  The court dismissed an appeal from a contempt order, holding that such orders are not directly appealable. The proper remedy for an allegedly illegal imprisonment due to contempt is habeas corpus.
• McMillan v. Wiley
  45 Fla. 487· Fla.· 1903-01-01 ·cited 30×
  The Florida Supreme Court reversed a decree awarding damages for timber trespass, holding that while a statute authorizes courts of equity to enjoin timber trespasses, it unconstitutionally deprives defendants of the right to trial by jury when equity courts attempt to award dama
• Powell v. Fla. Land & Improvement Co.
  41 Fla. 494· Fla.· 1899-06-01 ·cited 30×·via Writ Of Injunction
  This case addresses whether an injunction remains in effect when an appeal with a supersedeas is pending. The court held that a supersedeas suspends the enforcement of an injunction, meaning violations during the appeal period cannot be punished as contempt.
• Carney v. Hadley
  32 Fla. 344· Fla.· 1893-06-01 ·cited 30×
  The Florida Supreme Court reversed a lower court's decree granting a perpetual injunction against trespassers who were boxing pine trees for turpentine production on the complainants' land. The court held that the working of pine trees for turpentine in the customary manner does
• Jones v. Governor of Florida
  950 F.3d 795· 11th Cir.· 2020-02-19 ·cited 29×·via Preliminary Injunction
  Florida voters approved Amendment 4 in 2018 to automatically restore voting rights to felons who completed their sentences, but Florida's legislature implemented the amendment to require payment of all fines, fees, and restitution as a condition of re-enfranchisement. The Elevent
• Brilhart v. Brilhart
  116 So. 3d 617· Fla. 2d DCA· 2013-07-03 ·cited 29×·via Domestic Violence Injunction
  Laura Brilhart appeals a domestic violence injunction issued to protect her daughter S.L.B. from contact with her mother. The appellate court reversed the injunction, finding that the trial court lacked competent, substantial evidence to support its issuance.
• Angelino v. Santa Barbara Enters., LLC
  2 So. 3d 1100· Fla. 3d DCA· 2009-02-18 ·cited 29×
  Sabrina Angelino appeals the trial court's entry of a temporary injunction and constructive trust imposed in a business dispute involving competing telecommunications companies. The appellate court reversed, finding the injunction lacked specific factual findings, was overly broa
• Slack v. Jean-Michel Kling
  959 So. 2d 425· Fla. 2d DCA· 2007-06-27 ·cited 29×
  An injunction for protection against repeat violence cannot be granted where the petitioner proves only two voice messages because a single voice message does not constitute a course of conduct required to establish stalking.
• City OF Cocoa v. Glynn Leffler
  762 So. 2d 1052· Fla. 5th DCA· 2000-07-28 ·cited 29×·via Permanent Injunction
  The City of Cocoa appeals a summary judgment ruling that denied its claim for a permanent injunction requiring three employee-inventors to assign their patent rights for a novel bacterial-based hydrogen sulfide removal system developed during their employment. The Florida appella
• Friedrich Wilhelm Waffenschmidt v. MacKay
  763 F.2d 711· 5th Cir.· 1985-06-21 ·cited 29×·via Preliminary Injunction
  Nonparties who reside outside a court's territorial jurisdiction may be subject to its jurisdiction if they actively aid and abet a party in violating a court order, with actual notice of that order.