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

• Janousek v. Doyle
  313 F.2d 916· 8th Cir.· 1963-02-20 ·cited 21×·via Preliminary Injunction
  The filing of an appeal from an interlocutory order denying a preliminary injunction does not divest the district court of jurisdiction to proceed with other matters, including dismissal for failure to prosecute.
• Christian v. Jemison
  303 F.2d 52· 5th Cir.· 1962-04-25 ·cited 21×
  The court held that a city ordinance requiring segregation on public transportation is unconstitutional and unenforceable, affirming the lower court's injunction.
• Trumbull Chevrolet Sales Co., Inc. v. Seawright
  134 So. 2d 829· Fla. 1st DCA· 1961-11-02 ·cited 21×
  Trumbull Chevrolet, a Michigan franchise dealer, sought replevin to recover a Chevrolet automobile it delivered to a Tennessee dealer (Garner) on a purported cash sale that was never completed because Garner's payment check was dishonored. The car was subsequently sold through tw
• Spencer v. Wiegert
  117 So. 2d 221· Fla. 2d DCA· 1959-12-30 ·cited 21×
  The Spencers sought an injunction against the Wiegerts to prevent interference with their use of a fifteen-foot alley abutting their property, which was shown on the original 1914 Mitchell's Beach plat. The court held that the Spencers acquired an implied easement in the alley th
• Retail, Wholesale & Dep't Store Union, AFL-CIO v. Rains
  266 F.2d 503· 5th Cir.· 1959-04-30 ·cited 21×·via Temporary Injunction
  The court affirmed the district court's order granting a temporary injunction, finding no abuse of discretion in preserving the status quo pending the Board's final determination.
• Mrs. Clyde Thomason v. William G. Cooper, M.D.
  254 F.2d 808· 8th Cir.· 1958-04-28 ·cited 21×
  A federal court has the power and duty to enjoin state court proceedings that frustrate its prior judgments, even if the injunction is issued quickly and without extensive procedural formalities, when prompt action is necessary.
• Tolar v. Meyer
  96 So. 2d 554· Fla. 3d DCA· 1957-07-29 ·cited 21×
  The court held that recorded restrictive covenants are not abrogated by subsequent zoning regulations or the subdivider's consent to zoning changes.
• Edwards v. Doctors Hosp., Inc.
  242 F.2d 888· 2d Cir.· 1957-04-01 ·cited 21×
  The court affirmed a conviction of a medical doctor for prescribing narcotic drugs not in good faith and not in the course of professional practice, finding the evidence sufficient and the admission of certain testimony proper.
• SAX Enters., Inc. v. Hotel Emps. Union Local NO. 255 (A. F. of L.) & Albert H. Berlin
  80 So. 2d 602· Fla.· 1955-05-27 ·cited 21×
  Sax Enterprises sought a temporary injunction against a hotel union's picketing of its Miami Beach hotel, alleging the picketing was for an unlawful purpose and involved violence. The Florida Supreme Court held that the chancellor erred in deferring the question of whether the pi
• Guess v. Azar
  57 So. 2d 443· Fla.· 1952-03-11 ·cited 21×
  The Florida Supreme Court affirmed a lower court's decision regarding a property owner's right of way. The court clarified that while a limited right of ingress and egress existed for home, agricultural, and stock-raising purposes, it did not extend to commercial hauling of shell
• Gillete v. City of Tampa
  57 So. 2d 27· Fla.· 1952-02-22 ·cited 21×
  The Florida Supreme Court affirmed a lower court's decision upholding the annexation of land into the City of Tampa. The court found that the legislative act authorizing annexation, contingent on property owner approval, was valid and that the annexed area, despite some rural cha
• City of Miami Beach v. Perell
  52 So.2d 906· Fla.· 1951-06-08 ·cited 21×
  The Florida Supreme Court affirmed a lower court's decision that a city zoning ordinance, which restricted auction sales to specific, unsuitable areas, was arbitrary, unreasonable, and void. The court found that the ordinance effectively suppressed the business of auction sales w
• Atl. Co. v. Citizens ICE & Cold Storage Co.
  178 F.2d 453· 5th Cir.· 1949-12-28 ·cited 21×·via Interlocutory Injunction
  The court held that the evidence was insufficient to establish that the local price-cutting war substantially affected interstate commerce or constituted an attempt to monopolize, thus reversing the injunction.
• Fraser v. SOL Cohen
  159 Fla. 253· Fla.· 1947-07-08 ·cited 21×
  The Florida Supreme Court affirmed a decree granting specific performance of a banana supply contract, holding that appellants Fraser and Southeastern Terminal took rights acquired from Cooper subject to the appellees' prior equitable interests, and that the contract's unique mon
• Fraser v. United States (two cases)
  145 F.2d 139· 6th Cir.· 1944-10-03 ·cited 21×
  The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
• United States v. City OF Chester
  144 F.2d 415· 3d Cir.· 1944-07-17 ·cited 21×
  The City of Chester cannot compel a federal agency to comply with its local building regulations when constructing emergency housing under the Lanham Act, as the Act grants the agency authority to proceed without regard to such local laws.
• Harper v. Hoecherl
  153 Fla. 29· Fla.· 1943-05-21 ·cited 21×
  The Florida Supreme Court reversed a lower court's injunction that had restrained a painters' union from disciplining members who violated union bylaws by using spray guns on a government construction project. The court held that unions have broad authority to enforce their rules
• Bowe v. Judson C. Burns, Inc.
  137 F.2d 37· 3d Cir.· 1943-05-06 ·cited 21×·via Request For Injunction
  The court held that while the Fair Labor Standards Act's prohibition against retaliation applies to unions, the right to seek injunctive relief under Section 17 is exclusively vested in the Administrator, not individual employees.
• THE Surf Club v. Tatem Surf Club, Inc.
  151 Fla. 406· Fla.· 1942-04-10 ·cited 21×
  A nonprofit social club has an equitable right to enjoin a for-profit corporation from using the word 'club' in its corporate name where a state statute expressly prohibits such use by for-profit entities. The statutory prohibition provides a basis for injunctive relief distinct
• Thompson v. Thompson
  142 Fla. 643· Fla.· 1940-04-19 ·cited 21×
  This case concerns the enforcement of child support payments ordered in a divorce decree. The court held that a former spouse who absconded and could not be personally served could still have the amount of defaulted child support determined and enforced against his property withi
• Outman v. Cone
  141 Fla. 196· Fla.· 1939-12-22 ·cited 21×
  A taxpayer challenged the issuance of refunding bonds by a Florida special road and bridge district, arguing that the bonds' terms were ambiguously worded regarding deferred interest payments and imposed materially different obligations than the original bonds being refunded. The
• Matthews v. Wilkerson
  132 Fla. 753· Fla.· 1938-06-14 ·cited 21×
  The Florida Supreme Court affirmed a decree ordering partition and sale of an estate where the administrator J.C. Matthews failed to answer a bill of complaint seeking an accounting and partition of the decedent's property, resulting in entry of a decree pro confesso against him.
• Campoamor v. State Live Stock Sanitary Bd.
  136 Fla. 451· Fla.· 1938-06-11 ·cited 21×
  Jose Campoamor, a dairyman, sought to enjoin the State Live Stock Sanitary Board from entering his premises to test his cattle for Bangs disease or slaughter infected animals. The Florida Supreme Court upheld the Board's statutory authority to inspect, quarantine, and destroy inf
• Morrison v. Farnell
  126 Fla. 385· Fla.· 1936-12-02 ·cited 21×
  Property owners sought to enjoin construction of a proposed State Highway No. 1 bypass around Lake City that would be constructed by the State Road Department with municipal cooperation. The Florida Supreme Court affirmed the lower court's rejection of the injunction, holding tha
• Tr. Co. of Fla. & Marion Mortg. Co. v. Crider
  102 Fla. 593· Fla.· 1931-07-28 ·cited 21×·via Mandatory Injunction
  The Florida Supreme Court reversed a chancellor's order granting a mandatory injunction without notice in a bill of complaint that was verified only upon information and belief, lacked allegations of insolvency, and was multifarious due to the misjoinder of parties with distinct
• Orange State Oil Co. v. Amos
  100 Fla. 884· Fla.· 1930-10-17 ·cited 21×
  Orange State Oil Company challenged Florida's gasoline tax, arguing it violated municipalities' tax exemption by effectively taxing the City of Miami's purchases. The Florida Supreme Court held that the gasoline excise tax applies to all sales, including those to municipalities,
• Carroll Dunscombe v. Cnty. Comm'rs of Martin Cnty.
  98 Fla. 112· Fla.· 1929-06-28 ·cited 21×
  The Florida Supreme Court reversed the dissolution of an injunction preventing Martin County commissioners from contracting for a new courthouse and jail. The court held that because Martin County had only a temporary county seat under statutory law, the commissioners lacked auth
• Barrs v. Peacock
  65 Fla. 12· Fla.· 1913-01-28 ·cited 21×
  A candidate for County Treasurer challenged his primary election opponent's nomination based on alleged violations of campaign finance law, seeking injunctive relief to prevent the opponent's name from appearing on the general election ballot. The Florida Supreme Court dismissed
• Reuben Carlton v. Hilliard
  64 Fla. 228· Fla.· 1912-06-01 ·cited 21×
  A guardian of an infant's estate sought partition of real property and an accounting from a co-owner in possession who had collected rents and profits without accounting. The defendant demurred on various grounds, including that the bill was multifarious and lacked equity. The Fl
• Town of Orange City v. Thayer
  45 Fla. 502· Fla.· 1903-01-01 ·cited 21×
  The Town of Orange City appealed orders overruling its demurrer and denying its motion to dissolve a temporary injunction in a suit by cattle owners seeking to prevent enforcement of a municipal cattle-impounding ordinance. The Florida Supreme Court held that because the cattle o
• Reyes v. Middleton
  36 Fla. 99· Fla.· 1895-06-01 ·cited 21×
  Complainants sought equity relief to remove clouds on title to Florida land and enjoin defendants from slandering their title by asserting competing ownership claims. The Florida Supreme Court reversed, holding that equity lacks jurisdiction to restrain title slander absent breac
• Kahn v. Wilkins
  36 Fla. 428· Fla.· 1895-06-01 ·cited 21×
  Jacob Kahn sought recovery of merchandise he claimed to own but placed in James Wilkins's name to defraud creditors. The Florida Supreme Court affirmed dismissal of the complaint, holding that a party who executes a fraudulent conveyance to defraud creditors cannot recover the pr
• State v. Dep't of Health & Human Servs.
  19 F.4th 1271· 11th Cir.· 2021-12-06 ·cited 20×·via Injunction Pending Appeal
  Florida challenged a federal interim rule mandating COVID-19 vaccinations for healthcare workers at Medicare and Medicaid facilities, arguing the rule exceeded the Secretary's statutory authority, violated notice-and-comment procedures, and was arbitrary and capricious. The Eleve
• Williams Island Ventures, LLC v. DE LA Mora
  246 So. 3d 471· Fla. 3d DCA· 2018-04-25 ·cited 20×
  Florida taxpayers challenged a Miami-Dade County tax collector's refusal to pay statutory interest on tax assessment refunds obtained through settlement agreements (rather than formal VAB hearings) and his subsequent demands for repayment of previously paid interest. The Third Di
• The League OF Women Voters OF Fla. v. The Fla. House OF Representatives
  132 So. 3d 135· Fla.· 2013-12-13 ·cited 20×
  The Florida Supreme Court held that while a legislative privilege exists based on separation of powers principles, it is not absolute when the explicit constitutional prohibition against partisan gerrymandering and improper discriminatory intent in redistricting is at stake. The
• Young v. Young
  96 So. 3d 478· Fla. 1st DCA· 2012-09-11 ·cited 20×·via Domestic Violence Injunction
  Cheryl Young appeals a domestic violence injunction issued against her for accessing her husband's email account during divorce proceedings. The appellate court reverses, holding that her conduct—while improper—does not constitute cyberstalking or domestic violence under Florida
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Forrest v. Citi Residential Lending, Inc.
  73 So. 3d 269· Fla. 2d DCA· 2011-06-29 ·cited 20×
  A law firm representing defendants in a mortgage foreclosure action posted video depositions of nonparty witnesses on YouTube without their consent. The trial court issued a temporary injunction prohibiting further posting. The appellate court upheld the injunction as a proper ex
• Raulerson v. Wright
  60 So. 3d 487· Fla. 1st DCA· 2011-04-15 ·cited 20×
  A Florida appellate court reversed a trial court's grant of temporary permission for the mother to relocate with the parties' minor child, holding that the mother failed to comply with statutory requirements under section 61.13001 by not filing a sworn petition with the court bef
• Bentley v. Bank of Am., N.A.
  773 F. Supp. 2d 1367· S.D. Fla.· 2011-03-23 ·cited 20×·via Permanent Injunction
  The court granted the motion to dismiss, dismissing most claims with prejudice and others without prejudice, allowing amendment for some claims.
• Enpat, Inc. v. Budnic
  773 F. Supp. 2d 1311· M.D. Fla.· 2011-02-28 ·cited 20×·via Permanent Injunction
  The court granted the motion for default judgment as to liability for patent infringement but denied the requests for compensatory damages and a permanent injunction, allowing the plaintiff to submit further evidence.
• Degirmenci v. Sapphire-Fort Lauderdale, LLLP
  693 F. Supp. 2d 1325· S.D. Fla.· 2010-04-20 ·cited 20×
  The court dismissed claims under the Interstate Land Sales Full Disclosure Act (ILSFDA) for failure to state a claim or for being time-barred, and indicated it would likely decline supplemental jurisdiction over the remaining state law claims.
• Pierson v. Orlando Reg'l Healthcare Sys., Inc.
  619 F. Supp. 2d 1260· M.D. Fla.· 2009-04-28 ·cited 20×·via Permanent Injunction
  The court held that the plaintiff's claims against the 'Peer Review Defendants' were insufficiently pled due to improper group pleading and that the plaintiff lacked standing to bring an antitrust claim.
• Barco Holdings, LLC v. Terminal Inv. Corp.
  967 So. 2d 281· Fla. 3d DCA· 2007-09-26 ·cited 20×
  Barco Holdings appeals four summary judgment orders arising from a complex dispute over Terminal Island property rights. The central issue was whether Bernuth Agencies could exercise a purchase option in its lease after failing to exercise a right of first refusal, and whether Be
• Instituto De Prevision Militar v. Lehman Bros., Inc.
  485 F. Supp. 2d 1340· S.D. Fla.· 2007-05-25 ·cited 20×·via Temporary Injunction
  The court held that the plaintiff's motion for reconsideration was denied because the case was a 'covered class action' preempted by SLUSA, and the amended complaint was dismissed with prejudice for failing to comply with prior orders.
• Pope v. Pope
  901 So. 2d 352· Fla. 1st DCA· 2005-05-05 ·cited 20×·via Domestic Violence Injunction
  William Pope appeals a final judgment extending a temporary domestic violence injunction for six months without allowing him to present evidence or witnesses. The court reversed, holding that due process requires a full evidentiary hearing where both parties can present their cas
• Edgewater Beach Owners Ass'n, Inc. v. Walton Cnty.
  833 So. 2d 215· Fla. 1st DCA· 2002-12-19 ·cited 20×
  The court affirmed the trial court's dismissal of an action challenging a development order for a condominium project, holding that the developers had vested statutory rights under Florida law to complete the development despite its inconsistency with the county's updated compreh
• Matthias Rath v. Network Mktg., L.C.
  790 So. 2d 461· Fla. 4th DCA· 2001-05-16 ·cited 20×
  Rath appeals from an order denying his motion for summary judgment that Rexall waived its right to arbitration. The Fourth District Court of Appeal reversed, holding that Rexall waived its contractual right to arbitrate by seeking and obtaining temporary injunctive relief in circ
• In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti
  773 So. 2d 1206· Fla. 3d DCA· 2000-12-06 ·cited 20×
  The Estate of Giorgio Barsanti appeals the denial of a preliminary injunction to recover two bearer stock certificates representing 16,500 shares of Conakry stock that disappeared from the personal representative's possession. The court reversed, holding that a probate court has
• Benemerito & Flores, M.D.'S, P.A. v. Zeidy Roche, M.D.
  751 So. 2d 91· Fla. 4th DCA· 1999-12-29 ·cited 20×·via Temporary Injunction
  A medical professional association appealed the denial of a temporary injunction against a former employee physician who opened a competing practice in violation of a covenant not to compete. The court affirmed the denial, finding the association materially breached the employmen