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

• Landano v. Rafferty
  897 F.2d 661· 3d Cir.· 1990-02-27 ·cited 23×·via Preliminary Injunction
  The dissenting judge would hold that the petitioner had exhausted his state remedies, arguing that the new evidence did not fundamentally alter the legal claim already considered by the state courts.
• Mirtha Lopez-Ortiz v. Centrust Sav. Bank
  546 So. 2d 1126· Fla. 3d DCA· 1989-07-18 ·cited 23×·via Temporary Injunction
  The court held that a temporary injunction was improperly granted because the plaintiff had an adequate remedy at law and the complaint did not state grounds for equitable relief.
• NEW ERA Publ'ns Int'l v. Henry Holt & Co., Inc.
  873 F.2d 576· 2d Cir.· 1989-04-19 ·cited 23×
  The court affirmed the denial of an injunction, but the concurring opinion disagreed with the majority's broad interpretation of fair use, particularly concerning unpublished works.
• The Republic OF THE Philippines v. Ferdinand E. Marcos
  862 F.2d 1355· 9th Cir.· 1988-12-01 ·cited 23×·via Preliminary Injunction
• Guadamuz v. Bowen
  859 F.2d 762· 9th Cir.· 1988-10-18 ·cited 23×·via Action For Injunction
  The court held that the district court erred by not deferring to the Secretary's interpretation of attorneys' fees provisions and associated procedures, finding them to be within the Secretary's discretion and not contrary to statute or the APA.
• Williams v. City OF Dothan
  818 F.2d 755· 11th Cir.· 1987-06-05 ·cited 23×·via Injunction Scope
  The court held that the district court erred in reconsidering issues previously decided under the law of the case doctrine and that the city's assessment project had a discriminatory effect violating a prior court order.
• Broward Cnty. v. la Rosa
  505 So. 2d 422· Fla.· 1987-04-09 ·cited 23×
  The Florida Supreme Court held that a Broward County ordinance authorizing an administrative human rights board to award noneconomic damages (humiliation and embarrassment) for race discrimination violates the Florida Constitution's separation of powers and jury trial protections
• Milton v. R.C. Keith
  503 So. 2d 1312· Fla. 3d DCA· 1987-02-24 ·cited 23×
  Homeowners who partially settled litigation and dismissed certain counts later attempted to dismiss the remaining count entirely. The trial court erroneously ruled it lacked jurisdiction to enforce a prior order affirmed on appeal. The court held that once an appellate court affi
• In re the Application of Michael J. Kingsley for the Return of Seized Prop.
  802 F.2d 571· 1st Cir.· 1986-09-30 ·cited 23×·via Preliminary Injunction
  The court held that the government's seizure of the appellant's home and its contents was unlawful due to constitutional violations, and the district court improperly avoided ruling on these issues.
• In re Johns-Manville Corp. v. The Equity Sec. Holders Comm.
  801 F.2d 60· 2d Cir.· 1986-09-10 ·cited 23×·via Action For Injunction
  The dissent argues the court should affirm the lower court's decision, finding that the Equity Committee's request for a shareholder meeting constitutes an abuse of process and would unduly delay a complex reorganization.
• Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc.
  487 So. 2d 372· Fla. 1st DCA· 1986-04-18 ·cited 23×·via Temporary Injunction
  Jacksonville Electric Authority appeals from a temporary injunction preventing it from canceling a construction contract with Beemik Builders. The court holds that the temporary injunction was incorrectly issued because Beemik failed to demonstrate irreparable injury, as money da
• Mike Smith Pontiac GMC, Inc. v. Smith
  486 So. 2d 89· Fla. 5th DCA· 1986-04-10 ·cited 23×·via Preliminary Injunction
  A minority stockholder and employee is not entitled to an injunction to reinstate or maintain their former position as a corporate manager.
• Hanson Tr. PLC v. SCM Corp.
  774 F.2d 47· 2d Cir.· 1985-09-30 ·cited 23×·via Preliminary Injunction
  The court held that Hanson's private purchases of SCM stock, made after terminating its tender offer, did not constitute a "tender offer" under the Williams Act because the sellers were sophisticated and not subject to the type of pressure the Act aims to prevent.
• Atlas Powder Co. v. Ireco Chems.
  773 F.2d 1230· Fed. Cir.· 1985-09-23 ·cited 23×·via Preliminary Injunction
  A preliminary injunction preserves the status quo by preventing future trespasses, and the patentee's right to exclude others justifies injunctive relief even if monetary damages are possible.
• State v. DE Anza Corp.
  416 So. 2d 1173· Fla. 5th DCA· 1982-06-16 ·cited 23×
  Florida appealed the dismissal of a civil complaint alleging that a mobile home park owner engaged in deceptive and unfair trade practices and violations of the Florida Mobile Home Landlord and Tenant Act by inducing lessees to place mobile homes on rental lots and then raising r
• In re S & E Shipping Corp. v. Chesapeake & Ohio Ry. Co.
  678 F.2d 636· 6th Cir.· 1982-05-12 ·cited 23×
  The court held that a shipowner's claims for indemnity and contribution against another party are not necessarily derivative of the injured party's claim against the shipowner, and thus may expose the shipowner to liability beyond the limitation fund if not properly stipulated.
• Silvers v. Dis-Com Sec., Inc.
  403 So. 2d 1133· Fla. 4th DCA· 1981-09-23 ·cited 23×·via Temporary Injunction
  Dis-Com Securities obtained a temporary injunction preventing employee Ann Silvers from working for a competing securities firm in violation of a covenant not to compete. The court affirmed the injunction, establishing that covenants not to compete can be enforced by injunction w
• Safeco Ins. Co. of Am. v. Wetherill
  622 F.2d 685· 3d Cir.· 1980-05-01 ·cited 23×
  An insurer is not compelled to arbitrate an uninsured motorist claim when the at-fault driver carried the minimum liability insurance required by state law, as the vehicle is not considered 'uninsured' under the policy's definition.
• Firefighters Inst. FOR Racial Equal. v. The City OF ST. Louis
  616 F.2d 350· 8th Cir.· 1980-01-17 ·cited 23×·via Preliminary Injunction
  The court held that the district court erred in finding the promotional examination valid under EEOC guidelines, as it lacked sufficient empirical evidence of validity and had an adverse impact on black candidates.
• Digaeteno v. Sandro Perotti
  374 So. 2d 1015· Fla. 3d DCA· 1979-07-10 ·cited 23×·via Mandatory Injunction
  Sandro Perotti sued Fincredito Trust Corporation for conversion and fraud after Fincredito failed to return his $33,500 deposit submitted with a loan application. The trial court issued preliminary mandatory injunctions requiring Fincredito to deposit the funds in court and restr
• In re the Complaint of Universal Towing Co. v. Barrale
  595 F.2d 414· 8th Cir.· 1979-03-27 ·cited 23×
  The court held that a shipowner's right to limit liability does not justify denying a claimant their common law remedies in state court when the case involves a single claim and the owner demonstrates no prejudice to their right to limitation.
• Commerce Tankers Corp. v. Nat'l Mar. Union OF Am., AFL-CIO
  553 F.2d 793· 2d Cir.· 1977-04-15 ·cited 23×·via Wrongful Injunction
  The court held that the record required a finding that the Union violated antitrust law, and that the matter should be remanded solely for determination of damages.
• La. Power & Light Co. v. United GAS Pipe Line Co.
  456 F.2d 326· 5th Cir.· 1972-01-14 ·cited 23×·via Action For Injunction
  The court held that the district court erred in dismissing the case based on LP&L's failure to demonstrate irreparable injury and in concluding that the FPC had unquestionable jurisdiction, reversing the dismissal and remanding for further fact development.
• Nat'l Airlines v. Int'l Ass'n OF MacHinists & Aerospace Workers
  416 F.2d 998· 5th Cir.· 1969-09-23 ·cited 23×·via Preliminary Injunction
  The court held that while the carrier's resort to self-help was justified due to an unmanageable wildcat strike, the mass discharge of strikers exceeded permissible bounds; reinstatement rights depend on whether strikers were replaced.
• Pensacola Scrap Processors, Inc. v. State Rd. Dep't of Fla. ef al.
  188 So. 2d 38· Fla. 1st DCA· 1966-06-02 ·cited 23×
  This case addresses whether a tenant at will is entitled to compensation for the taking of a leasehold estate under eminent domain. The court held that a tenant at will is an "owner" under the Florida Constitution and is entitled to compensation for loss of the leasehold, removal
• Wirtz v. Ocala GAS Co., Inc.
  336 F.2d 236· 5th Cir.· 1964-09-02 ·cited 23×
  A merger does not immunize a successor corporation from a prior Fair Labor Standards Act consent decree, and individuals with knowledge of the decree can be held in contempt for violations.
• Tampa Wholesale Co. v. Foodtown
  166 So. 2d 711· Fla. 2d DCA· 1964-07-17 ·cited 23×
  Tampa Wholesale Co. sought an injunction to prevent Foodtown from using the identical trade name "KASH N' KARRY WHOLESALE SUPER MARKETS" in Fort Lauderdale. The court affirmed the trial court's dismissal, holding that the plaintiff failed to establish a reasonable probability of
• Robins v. Rarback
  325 F.2d 929· 2d Cir.· 1963-12-26 ·cited 23×·via Preliminary Injunction
  The court held that the plaintiff stated no valid claim for relief under the Labor-Management Reporting and Disclosure Act regarding electoral abuses, affirming dismissal of that claim, but reversed the dismissal of the claim regarding improper discipline.
• Griffin v. Gulf Life Ins. Co.
  146 So. 2d 901· Fla. 1st DCA· 1962-11-20 ·cited 23×
  Griffin, the beneficiary of a life insurance policy, sought to recover $20,000 in policy proceeds that were improperly assigned to Martha L. Willis. After obtaining an injunction against Willis's disposal of the funds, Griffin challenged the bank's right to set off a $375 check a
• Lincoln Tower Corp. v. Dunhall's-Florida
  61 So.2d 474· Fla.· 1952-11-21 ·cited 23×
  The Supreme Court of Florida reversed a lower court's dismissal of a landlord's bill in Chancery, which sought to enjoin a tenant's law action. The court held that a declaratory judgment action could be used to clarify complex lease disputes, even if it involved issues typically
• Brown v. E. States Corp.
  181 F.2d 26· 4th Cir.· 1950-04-04 ·cited 23×·via Interlocutory Injunction
  The court held that the plaintiff lacked standing to challenge the corporate reorganization plan because he suffered no injury and the plan had expired.
• Culpepper v. Moore
  40 So. 2d 366· Fla.· 1949-05-06 ·cited 23×
  This case concerns a taxpayer's challenge to a school board's award of a construction contract. The court affirmed the board's decision, holding that the board acted within its discretion by selecting the "lowest responsible bidder" based on factors beyond just the lowest price,
• Walling v. Rutherford Food Corp.
  156 F.2d 513· 10th Cir.· 1946-07-18 ·cited 23×
  The court held that the boners were employees under the Fair Labor Standards Act and that the trial court should have issued an injunction against further violations.
• Town of Mount Dora v. Green
  117 Fla. 385· Fla.· 1934-09-11 ·cited 23×
  The Florida Supreme Court held that a municipality cannot be estopped from pleading a mandatory statute of limitations defense in its charter by the conduct or agreement of an unauthorized agent. The court reversed the lower court's decree that sought to enjoin Mount Dora from as
• Mrs. L. Wilkinson v. Woodward
  105 Fla. 376· Fla.· 1932-05-02 ·cited 23×
  The Florida Supreme Court upheld the dismissal of a bill seeking to enjoin state game officials from seizing and destroying fishing nets under Chapter 13644 Acts of 1929. The court held that the complainants failed to allege sufficient facts to challenge the constitutionality of
• City of Jacksonville v. Giller
  102 Fla. 92· Fla.· 1931-06-23 ·cited 23×·via Injunction Pendente Lite
  The Florida Supreme Court upheld an interlocutory injunction protecting the Gillers' possession of real property and buildings they occupied under a lease, holding that the City of Jacksonville could not interfere with their actual possession without following proper legal proced
• Gill v. Wilder
  95 Fla. 901· Fla.· 1928-05-11 ·cited 23×
  This case tests the constitutionality of a Florida statute prohibiting cattle from running at large in Polk County. The Florida Supreme Court upheld the statute against due process challenges, holding that the legislature properly exercised its police power and that the statute's
• Doke v. Williams
  45 Fla. 248· Fla.· 1903-01-01 ·cited 23×
  This case concerns whether a third party can be compelled to be joined as a defendant in a lawsuit over the objection of the plaintiff. The court held that a plaintiff cannot be forced to sue a party against whom they do not wish to proceed, nor can a third party be made a defend
• Skinner v. Henderson
  26 Fla. 121· Fla.· 1890-01-01 ·cited 23×
  The Florida Supreme Court held that county commissioners may appropriate tax revenue to aid in constructing a bridge within a city's corporate limits if the bridge serves a county purpose—that is, if it benefits the county's citizens generally or a considerable portion thereof, n
• Lanier v. Padgett
  18 Fla. 842· Fla.· 1882-01-01 ·cited 23×
  Taxpayers and residents of Sumter County sought to enjoin County Commissioners from relocating the county site from Leesburg to Sumterville based on an election they alleged was unauthorized. The Florida Supreme Court reversed the denial of injunction, holding that the statutory
• Dianne v. Adrian and Charline Wingate
  84 So. 3d 427· Fla. 1st DCA· 2012-04-02 ·cited 22×·via Petition For Injunction
  Gloria Dianne and Freddie L. Wingate appealed a summary judgment ordering them to remove speed bumps placed on an easement crossing their property. The Florida First District Court of Appeal reversed, holding that genuine issues of material fact exist regarding whether the speed
• Suntrust Banks, Inc. v. Cauthon & McGUIGAN, PLC
  78 So. 3d 709· Fla. 1st DCA· 2012-02-02 ·cited 22×
  SunTrust Banks appeals a trial court's order granting a temporary injunction requiring it to return seized funds from a law firm's client trust account after a fraudulent check was deposited. The appellate court reversed, holding that the law firm failed to establish the necessar
• Reese v. JPMorgan Chase & Co.
  686 F. Supp. 2d 1291· S.D. Fla.· 2009-10-15 ·cited 22×·via Preliminary Injunction
  The court granted motions to dismiss, finding that the plaintiff failed to state claims for rescission under TILA, fraud in the inducement, and under the Florida Fair Lending Act due to insufficient pleading and statutory limitations.
• Rain Bird Corp. v. Taylor
  665 F. Supp. 2d 1258· N.D. Fla.· 2009-10-14 ·cited 22×·via Permanent Injunction
  The court adopted the magistrate judge's recommendation to grant summary judgment for the plaintiff on all counts, finding no genuine issue of material fact regarding trademark infringement, unfair competition, and dilution.
• Ohrn v. Ashlee Jewel Wright
  963 So. 2d 298· Fla. 5th DCA· 2007-08-10 ·cited 22×
  The court held that the trial court violated due process by failing to swear witnesses and denying the appellant the opportunity to present testimony.
• Smith v. Melcher
  975 So. 2d 500· Fla. 2d DCA· 2007-07-27 ·cited 22×
  The court held that competent, substantial evidence did not support the finding of two incidents of violence required for an injunction for protection against repeat violence.
• Carricarte v. Carricarte
  961 So. 2d 1019· Fla. 3d DCA· 2007-07-11 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying motions to extend injunctions for the sister-in-law and niece while extending them for the brothers.
• City OF Coconut Creek v. City OF Deerfield Beach
  840 So. 2d 389· Fla. 4th DCA· 2003-03-19 ·cited 22×
  City of Coconut Creek challenged a site plan approval granted by the City of Deerfield Beach for an energy center, claiming it violated the Comprehensive Plan and constitutional due process. The court affirmed the dismissal, holding that Coconut Creek failed to comply with a stat
• Infinity Radio Inc. v. Whitby
  780 So. 2d 248· Fla. 4th DCA· 2001-02-21 ·cited 22×·via Temporary Injunction
  The court held that the 1999 amendment constituted a new agreement that incorporated the 1995 non-compete clause by reference, entitling Infinity to enforce it.
• Essenson v. Polo Club Assocs.
  688 So. 2d 981· Fla. 2d DCA· 1997-02-26 ·cited 22×
  A Florida appellate court reversed a summary judgment that had relieved a developer (Polo Club) from restrictive covenants in a development agreement after the property was rezoned. The court held that once a condition precedent to the covenant (zoning for nine units per acre) wa