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

• N. OIL Co., Inc. v. Socony Mobil OIL Co., Inc.
  347 F.2d 81· 2d Cir.· 1965-06-17 ·cited 22×·via Injunction Pendente Lite
  The court held that the admission of hearsay testimony from a corporate employee, without a sufficient showing of his authority to make the statement on behalf of the corporation, was prejudicial error requiring reversal.
• Graham v. Triangle Publ'ns
  344 F.2d 775· 3d Cir.· 1965-04-26 ·cited 22×·via Preliminary Injunction
  The court held that the refusal to grant a preliminary injunction was not an abuse of discretion because no imminent threat of irreparable damage was shown.
• Bertram C. Ellison v. City OF Fort Lauderdale
  175 So. 2d 198· Fla.· 1965-04-14 ·cited 22×
  The Florida Supreme Court held that a property owner may bring an equity action to challenge the validity of a zoning ordinance on constitutional grounds, even if the ordinance is being enforced, provided the complaint is sufficiently pleaded with factual allegations supporting t
• The First Nat'l Bank IN ST. Petersburg v. Ferris
  156 So. 2d 421· Fla. 2d DCA· 1963-09-06 ·cited 22×·via Mandatory Injunction
  The First National Bank appealed an interlocutory order denying its motion to dismiss a complaint seeking mandatory injunctive relief to compel the bank to replace corporate stock it allegedly sold wrongfully as collateral. The court reversed, holding that the complainant failed
• Surprenant MFG. Co. v. Alpert
  318 F.2d 396· 1st Cir.· 1963-06-04 ·cited 22×·via Mandatory Injunction
  The court held that a district court lacks jurisdiction to compel the National Labor Relations Board to count impounded ballots when the employer's claim hinges on the Board's determination of an unfair labor practice.
• The Borden Co. v. Liddy
  309 F.2d 871· 8th Cir.· 1962-11-13 ·cited 22×
  A single district judge lacks jurisdiction to grant or deny an injunction restraining the enforcement of a state statute when the claim involves substantial constitutional questions, requiring a three-judge court.
• Bergen Drug Co. Inc. v. Parke
  307 F.2d 725· 3d Cir.· 1962-08-29 ·cited 22×·via Preliminary Injunction
  A district court possesses equity power to issue a preliminary injunction to maintain the status quo in an antitrust action, even if the ultimate relief sought is damages, especially when a party's conduct, like terminating a business relationship, appears retaliatory and designe
• Trans-Pacific Freight Conference OF Japan v. Fed. Mar. Bd.
  302 F.2d 875· D.C. Cir.· 1962-04-12 ·cited 22×·via Interlocutory Injunction
  The Federal Maritime Board does not have the statutory authority to issue interim cease and desist orders to maintain the status quo pending a final determination of a complaint.
• Mitchell v. Ballenger Paving Co., Inc.
  299 F.2d 297· 5th Cir.· 1962-02-06 ·cited 22×
  The court held that an employer's prolonged non-compliance with the Fair Labor Standards Act, even after being advised of its obligations and a controlling court decision, warrants an injunction to enforce the Act's objectives.
• Opelika Royal Crown Bottling Co. v. Goldberg
  299 F.2d 37· 5th Cir.· 1962-01-25 ·cited 22×
  The court held that the district court erred in not issuing an injunction to ensure future compliance with the Fair Labor Standards Act.
• Clinton v. United States
  297 F.2d 899· 9th Cir.· 1961-11-06 ·cited 22×
  The court held that the district court's issuance of a permanent injunction against the appellant was proper, affirming the lower court's decision.
• Dade Cnty. v. Dupont Plaza, Inc.
  117 So. 2d 849· Fla. 3d DCA· 1960-02-11 ·cited 22×
  Dade County appealed an interlocutory order granting taxpayers an injunction to restrain certification of the 1959 tax roll based on allegedly excessive assessments. The Florida District Court of Appeal reversed, holding that suits challenging assessments as arbitrarily excessive
• City OF ST. Petersburg v. Earle
  109 So. 2d 388· Fla. 2d DCA· 1959-01-30 ·cited 22×
  The City of St. Petersburg appealed the denial of its motion to dismiss a suit brought against it in Hillsborough County for damages arising from the city's pumping of water from wells. The court held that municipal corporations must be sued in the county where they are located u
• Burton Joseph Green v. The City OF Miami
  107 So. 2d 390· Fla. 3d DCA· 1958-12-16 ·cited 22×
  Appellants challenged a Miami zoning variance that allowed Shell's City supermarket to obtain a liquor license despite municipal ordinance prohibiting licenses within 2,500 feet of existing licensees. The court reversed the variance grant, holding that Shell's City failed to demo
• Fla. State Tpk. Auth. v. Anhoco Corp.
  107 So. 2d 51· Fla. 3d DCA· 1958-11-18 ·cited 22×·via Mandatory Injunction
  This interlocutory appeal addresses title to a 14-foot strip of land taken during the conversion of a state road into a limited access highway. The court holds that the property owners retained title to the disputed strip but reverses findings allowing recovery for business losse
• United States v. Curd
  257 F.2d 347· 5th Cir.· 1958-06-30 ·cited 22×
  The court held that the taxpayer was not entitled to an injunction against the collection of taxes because the reassessment was not a 'deficiency' and there were no compelling equitable circumstances to justify bypassing statutory remedies.
• Queen Cohen v. Pub. Hous. Admin.
  257 F.2d 73· 5th Cir.· 1958-06-30 ·cited 22×
  The court held that the plaintiff lacked standing to sue for racial discrimination in public housing because she failed to prove she applied for admission and was denied due to race.
• Cont'l Cas. Co. v. Hulbert T. E. Beardsley & H. T. E. Beardsley, Inc.
  253 F.2d 702· 2d Cir.· 1958-03-24 ·cited 22×
  Insurance forms containing explanatory language are copyrightable, but a general publication without notice forfeits common law copyright. Infringement requires substantial similarity, and claims of unfair competition and antitrust violations require proof of palming off or confu
• Bd. of Supervisors of La. State Univ. & Agric. & Mech. Coll. v. Arnease Ludley
  252 F.2d 372· 5th Cir.· 1958-02-13 ·cited 22×·via Temporary Injunction
  A Louisiana statute requiring a certificate of eligibility and good moral character, signed by local officials, to enter higher education institutions is unconstitutional because it grants unfettered discretion to officials and implicitly uses race as a standard, violating the Fo
• L. M. Leathers' Sons (a partnership) v. Goldman
  252 F.2d 188· 6th Cir.· 1958-02-06 ·cited 22×
  The court held that the district court did not abuse its discretion in setting aside a consent judgment and injunction to allow for a trial on the merits, and that the patent was invalid for lack of invention and anticipation by prior art.
• Colen v. Sunhaven Homes, Inc.
  98 So. 2d 501· Fla.· 1957-11-27 ·cited 22×
  The Florida Supreme Court affirmed the dismissal of a builder's complaint seeking an injunction against a competitor for violating an allegedly exclusive franchise to lay water and sewer lines in an unincorporated area of Pinellas County. The court held that the Board of County C
• Lloyd v. Patterson
  242 F.2d 742· 5th Cir.· 1957-04-03 ·cited 22×·via Suit For Injunction
  The court held that the taxpayer's claimed financial hardship did not constitute extraordinary circumstances to overcome the statutory prohibition against enjoining tax collection.
• Mansfield Hardwood Lumber Co. v. Hattie A. Johnson
  242 F.2d 45· 5th Cir.· 1957-03-01 ·cited 22×·via Mandatory Injunction
  The appellate court affirmed the interlocutory injunction, finding the district court did not abuse its discretion in granting it to preserve the status quo and prevent irreparable harm.
• ONE v. Otto K. Olesen
  241 F.2d 772· 9th Cir.· 1957-02-27 ·cited 22×
  The court held that the October 1954 issue of 'One' magazine is non-mailable matter under 18 U.S.C.A. § 1461 because its contents are obscene, lewd, lascivious, and filthy, tending to deprave and corrupt the morals of readers.
• Barber-Greene Co. v. Blaw-Knox Co. & All Purpose Spreader Co.
  239 F.2d 774· 6th Cir.· 1957-01-11 ·cited 22×·via Interlocutory Injunction
  Venue is proper in the district where a corporation is licensed to do business, and the first-filed action is determined by the filing date, not service date.
• Gen. Elec. Co. v. Am. Wholesale Co.
  235 F.2d 606· 7th Cir.· 1956-10-12 ·cited 22×·via Preliminary Injunction
  A preliminary injunction should not be granted solely on conflicting affidavits when credibility is at issue and oral testimony is needed.
• Jackson v. Rawdon
  235 F.2d 93· 5th Cir.· 1956-06-28 ·cited 22×
  The court held that the trial court erred in refusing to declare plaintiffs' constitutional rights and in dismissing the suit as precipitate, as the school board's delay was based on community opinion rather than administrative necessity.
• The La. Land & Exploration Co. v. State Mineral Bd.
  229 F.2d 5· 5th Cir.· 1956-01-27 ·cited 22×
  A suit against the State Mineral Board, an agency of the State, is in effect a suit against the State and is barred by the Eleventh Amendment when the Board acts within its statutory authority.
• First Nat'l Bank OF McKEESPORT v. First Fed. Sav. & Loan Ass'n OF Homestead
  225 F.2d 33· D.C. Cir.· 1955-06-02 ·cited 22×·via Request For Injunction
• Seagram-Distillers Corp. v. NEW CUT Rate Liquors, Inc.
  221 F.2d 815· 7th Cir.· 1955-04-04 ·cited 22×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, and the form of the injunction order complied with procedural rules.
• Huber Baking Co. v. Stroehmann Bros. Co.
  208 F.2d 464· 2d Cir.· 1953-12-07 ·cited 22×·via Preliminary Injunction
  The court held that the denial of a preliminary injunction was not an abuse of discretion due to significant uncertainties regarding the parties' rights and the lack of demonstrated irreparable harm.
• United States v. Patterson
  206 F.2d 345· 5th Cir.· 1953-08-25 ·cited 22×
  The court held that the trial court erred in deciding the boundary dispute as a matter of law and in assessing costs against the United States. The United States does not waive sovereign immunity by filing suit.
• Home Loan Bank Bd. v. Mallonee
  196 F.2d 336· 9th Cir.· 1952-04-02 ·cited 22×·via Preliminary Injunction
• Donahue v. Warner Bros. Pictures, Inc.
  194 F.2d 6· 10th Cir.· 1952-01-04 ·cited 22×
  The court held that the unauthorized fictional portrayal of a deceased individual's name and likeness in a motion picture for trade purposes, even if the individual was a public figure, violates Utah's statutory right of privacy, and the initial exhibition in another state does n
• Howard v. ST. Louis-San Francisco Ry. Co.
  191 F.2d 442· 8th Cir.· 1951-09-11 ·cited 22×
  An agreement exacted under threat of strike to abolish one craft's position and transfer it to another, without regard to the first craft's rights, is an invalid predatory appropriation, not a mere jurisdictional dispute, and cannot be used to deprive employees of their jobs.
• Moore et ux. v. United States
  182 F.2d 332· 5th Cir.· 1950-05-17 ·cited 22×
  A claim for restitution is ancillary to an injunction and cannot survive the termination of rent control when the injunction claim is moot. Damages for past overcharges, however, may still be pursued.
• Porter v. Montgomery
  163 F.2d 211· 3d Cir.· 1947-07-11 ·cited 22×·via Action For Injunction
  The court held that the Administrator's suit under Section 205(e) of the Emergency Price Control Act is a penal action, not a civil action for damages, and therefore abates upon the death of the defendant.
• O'Malley v. Chrysler Corp.
  160 F.2d 35· 7th Cir.· 1947-02-19 ·cited 22×·via Mandatory Injunction
  The court held that the order compelling the defendant to compute overtime hours was a procedural discovery order, not an interlocutory mandatory injunction, and therefore not immediately appealable.
• Woodbury v. Porter
  158 F.2d 194· 8th Cir.· 1946-12-13 ·cited 22×
  The court held that a prior injunction action under the Emergency Price Control Act does not bar a subsequent action for damages for past violations.
• Shaffer v. Rector Well Equip. Co., Inc.
  155 F.2d 344· 5th Cir.· 1946-05-03 ·cited 22×
  The court held that the lower court erred in dismissing the complaint solely on the ground of laches, as the defendant failed to prove sufficient prejudice or damage from the delay to warrant such a defense.
• Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.
  154 F.2d 450· 6th Cir.· 1946-04-03 ·cited 22×·via Action For Injunction
  The court held that a permanent injunction should be granted to prevent the coal company from removing pillars and coal barriers, as the potential catastrophic injury to human life and public travel outweighs the economic harm to the coal company and the railroad has no adequate
• Jones v. Watts
  142 F.2d 575· 5th Cir.· 1944-05-08 ·cited 22×
  A suit in equity against court officers to annul a money judgment against the United States is improper; the proper remedy is a motion to quash or similar motion directed against the United States itself.
• Harris v. Baden
  154 Fla. 373· Fla.· 1944-04-25 ·cited 22×
  The Florida Supreme Court upheld Chapter 22380 (1943), a special Manatee County livestock law prohibiting cattle from running at large in a designated territory, holding that the statute was properly enacted, ratified by majority voter approval, and constitutionally valid, and th
• Brown v. Quinlan, Inc.
  138 F.2d 228· 7th Cir.· 1943-10-20 ·cited 22×·via Interlocutory Injunction
  The court held that the trial court erred in dismissing the complaint without a hearing on the merits and in failing to make findings of fact and conclusions of law when denying a preliminary injunction.
• W. Elec. Co., Inc. v. Hammond
  135 F.2d 283· 1st Cir.· 1943-04-27 ·cited 22×
  The court held that the district court erred in dismissing the complaint for a declaratory judgment without allowing the plaintiff an opportunity to prove its allegations regarding the significant delay in the Court of Claims proceedings.
• John Hancock Mut. Life Ins. Co. v. Casey
  134 F.2d 162· 1st Cir.· 1943-03-01 ·cited 22×
  The district court has the power to take possession of mortgaged premises and collect rents after a Chapter X petition is filed and approved, and the exercise of this power is constitutional.
• Div. 525 v. Gorman
  133 F.2d 273· 8th Cir.· 1943-02-08 ·cited 22×·via Suit For Injunction
  The court held that the trial court had jurisdiction and correctly found that the contract had been legally cancelled, affirming the dismissal of the plaintiffs' suit.
• Am. Ins. Co. v. Scheufler
  129 F.2d 143· 8th Cir.· 1942-07-10 ·cited 22×·via Modification Of Injunction
  The court affirmed the decrees distributing impounded funds to policyholders, finding the insurance companies were not entitled to the funds and had participated in fraud.
• Shannon v. Retail Clerks
  128 F.2d 553· 7th Cir.· 1942-05-12 ·cited 22×·via Interlocutory Injunction
  An order granting a temporary injunction must comply with Federal Rules of Civil Procedure 65(d) and 52(a) by setting forth reasons, specific acts restrained, and findings of fact and conclusions of law.
• Ohio OIL Co. v. Thompson
  120 F.2d 831· 8th Cir.· 1941-06-23 ·cited 22×
  This court lacks jurisdiction to review a district court's order that interprets and enforces a Supreme Court mandate, as such review is reserved for the Supreme Court itself.