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

• Gulf Theatres, Inc. v. Guardian Life Ins. Co. OF Am.
  157 Fla. 428· Fla.· 1946-05-21 ·cited 20×
  Gulf Theatres sued Guardian Life Insurance Company to enforce an option to purchase leased theater property under Section 9 of their lease agreement. The court held that Section 9 gave the lessee an option to purchase only upon the lessor's notice of intent to cancel the lease fo
• Morris (Hibbler v. Williams
  149 F.2d 703· 8th Cir.· 1945-06-19 ·cited 20×
  The court held that the evidence demonstrated a policy, custom, or usage of paying negro teachers less than white teachers solely on account of race or color, violating the 14th Amendment.
• Buscaglia v. Dist. Court of San Juan
  145 F.2d 274· 1st Cir.· 1944-10-24 ·cited 20×·via Permanent Injunction
  The court held that the Supreme Court of Puerto Rico's decision was a final decision, thus conferring appellate jurisdiction. The court also addressed the substantive issues of taxpayer standing and the nature of the appropriation.
• Bowles v. Russell Packing Co.
  140 F.2d 354· 7th Cir.· 1944-02-10 ·cited 20×·via Interlocutory Injunction
  The court held that the district court's order denying a temporary injunction was insufficient because it lacked specific findings of fact and conclusions of law as required by Rule 52(a).
• United States v. Mancuso
  139 F.2d 90· 3d Cir.· 1943-11-22 ·cited 20×
  A defendant cannot be convicted for failing to obey an induction order issued in violation of a subsisting court injunction, even if that injunction was erroneously granted.
• Sec. & Exch. Comm'n v. Okin
  137 F.2d 862· 2d Cir.· 1943-08-18 ·cited 20×·via Permanent Injunction
• Moody v. Wickard
  136 F.2d 801· D.C. Cir.· 1943-06-30 ·cited 20×·via Mandatory Injunction
  A district court lacks authority to enter a personal money judgment against the United States in a condemnation proceeding unless specifically authorized by statute, even if the government takes possession of the property.
• United States v. Morris & Essex R. Co.
  135 F.2d 711· 2d Cir.· 1943-05-07 ·cited 20×
  The court held that the payments made by the lessee railroad to the lessor railroad's shareholders constitute income of the lessor, subject to income tax, and that the government can enjoin the lessee from making further payments to shareholders to satisfy the tax liability.
• Am. CAN Co. v. City OF Tampa
  152 Fla. 798· Fla.· 1942-12-31 ·cited 20×
  American Can Company sought tax exemptions under Florida's 1930 constitutional amendment for an industrial plant manufacturing steel vessels (tin cans), claiming exemption from both ad valorem and occupational license taxes. The Florida Supreme Court held that while the constitut
• Judge Henderson v. Coleman
  150 Fla. 185· Fla.· 1942-03-26 ·cited 20×·via Mandatory Injunction
  Judge Henderson and Charles Lockhart, officers of a longshoremen's union, were found in contempt of court for allegedly violating a restraining order against labor picketing. The Florida Supreme Court reversed, holding that notifying a customer that union members would not work w
• Ivey v. State of Fla. ex rel. J. Tom Watson
  147 Fla. 635· Fla.· 1941-07-01 ·cited 20×
  The Florida Supreme Court upheld the constitutionality of Chapter 18296 (the Murphy Act), which vested title to lands covered by tax certificates more than two years old in the State of Florida as of June 9, 1939. The court rejected arguments that the Act impaired the obligation
• United States v. Eastman
  118 F.2d 421· 9th Cir.· 1941-03-10 ·cited 20×
  The Secretary of the Interior has the authority to condition the sale of timber on trust-allotted Indian lands through regulations, and the court cannot substitute its judgment for the Secretary's policy decisions.
• Glogger v. Bell
  146 Fla. 1· Fla.· 1941-01-31 ·cited 20×
  The court held that the chancellor did not err in enjoining the construction and operation of an animal reduction plant due to its nuisance potential.
• City of Lakeland v. State ex rel. James Harris
  143 Fla. 761· Fla.· 1940-07-19 ·cited 20×
  The Florida Supreme Court granted a writ of certiorari to reconsider whether the trial court properly struck from the defendant city's answer allegations invoking the doctrine of comparative injury in a public nuisance case involving a sewage disposal plant. The Court held that c
• Williams v. Keyes
  135 Fla. 769· Fla.· 1938-12-14 ·cited 20×·via Mandatory Injunction
  City commissioners in Miami were found to have unlawfully obstructed recall proceedings by removing and replacing the City Clerk to prevent him from certifying that a recall petition had sufficient signatures. The Florida Supreme Court affirmed the trial court's order requiring t
• Green Cove Farms, Inc. v. Ivey
  119 Fla. 561· Fla.· 1934-10-30 ·cited 20×
  This case concerns the proper method for selling portions of tax sale certificates held by the state. The court held that such sales should be based on the proportion of land area sold relative to the whole certificate, not on a reassessment of value. This clarifies the statutory
• Mayo v. Florida Grapefruit Growers Protective Assn.
  112 Fla. 117· Fla.· 1933-10-02 ·cited 20×
  The Florida Supreme Court reversed a circuit court's injunction that declared an arsenical spray statute unconstitutional as applied to grapefruit. The court held that the statute, which prohibited the use of arsenic on citrus trees and the sale of citrus fruit containing arsenic
• Wildwood Crate & Ice Co. v. The Citizens Bank of Inverness
  98 Fla. 186· Fla.· 1929-07-18 ·cited 20×
  The Florida Supreme Court reversed a decree perpetually enjoining an execution sale of chattels, holding that a mortgagee with a superior lien cannot obtain equitable relief by injunction without exhausting or demonstrating the inadequacy of the statutory remedy provided under Se
• McSween v. State Live Stock Sanitary Bd.
  97 Fla. 749· Fla.· 1927-04-18 ·cited 20×
  The Florida Supreme Court affirmed the denial of a temporary injunction sought by cattle owners challenging a state livestock board's regulations. The court found the injunction request was broader than the complainants' rights.
• Cawthon v. Stearns Culver Lumber Co.
  60 Fla. 313· Fla.· 1910-06-01 ·cited 20×
  This case concerns a dispute over timber rights conveyed by a deed. The court held that a conveyance of "all the pine timber suitable for saw logs" with a perpetual right to remove it does not violate the rule against perpetuities because it vests a present interest. The appellat
• Shaw v. Palmer
  54 Fla. 490· Fla.· 1907-06-01 ·cited 20×·via Temporary Injunction
  Cherry Lake Turpentine Company sought to enjoin Palmer & Smith from dipping turpentine from boxes on their land, claiming trespass. The trial court dissolved the injunction after finding the defendants had an oral license under a three-year turpentine-sharing agreement with the c
• Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner
  52 Fla. 486· Fla.· 1906-06-01 ·cited 20×
  The Florida Supreme Court reversed a decree granting a perpetual injunction against trespass and awarding damages for unauthorized removal of turpentine from pine trees. The court held that while a statutory injunction could be granted under Florida law to restrain such trespasse
• Fla. Packing & Ice Co. v. Carney
  49 Fla. 293· Fla.· 1905-01-01 ·cited 20×
  The Florida Supreme Court affirmed a lower court's dismissal of a lawsuit, not because the business was liable for the tax, but because the business had filed its case in the wrong court (equity instead of law). The court emphasized that equity courts should not intervene in tax
• Bronk v. Bronk
  46 Fla. 474· Fla.· 1903-06-01 ·cited 20×
  John P. Bronk appeals orders granting a writ of ne exeat, temporary injunction, and other relief in his wife's alimony and maintenance suit. The court declines to hear most of Bronk's assignments of error because he escaped custody and fled the jurisdiction, placing himself in co
• Salomon Cohen v. L'Engle
  24 Fla. 542· Fla.· 1888-06-01 ·cited 20×·via Writ Of Injunction
  The Florida Supreme Court denied a motion for a preliminary injunction pending appeal in an equity case, holding that while it may possess inherent power to issue injunctions in aid of its appellate jurisdiction, such power should be exercised only when indispensable to protect a
• Bowes v. Halsted H. Hoeg
  15 Fla. 403· Fla.· 1875-06-01 ·cited 20×
  The court reversed orders granting an injunction and taking a bill as confessed, finding the initial injunction was improperly granted due to a defective affidavit and lack of equity. The court also held that defendants should have been allowed to file a second demurrer after the
• Simeon N. Freeman v. Timanus
  12 Fla. 393· Fla.· 1868-01-01 ·cited 20×
  Freeman appeals a chancery decree entered after his bill was taken as confessed. The Florida Supreme Court reversed, holding that Freeman's bill sought an equitable remedy where a plain legal remedy existed—namely, asserting the agreement as a defense in the possessory action bro
• Emilia L. Carr v. State
  156 So. 3d 1052· Fla.· 2015-02-05 ·cited 19×·via Petition For Injunction
  Emilia Carr was convicted of first-degree murder and sentenced to death for her role in the premeditated killing of Heather Strong. The Florida Supreme Court affirmed her conviction and death sentence, rejecting numerous challenges to the trial court's evidentiary rulings, treatm
• Maikel A. Sanchez v. Marin
  138 So. 3d 1165· Fla. 3d DCA· 2014-05-21 ·cited 19×·via Domestic Violence Injunction
  Maikel Sanchez appealed a final judgment granting a domestic violence injunction against him, filed by his aunt Rosa Marin after a business dispute. The court reversed because the trial court improperly admitted evidence of a fire at a third party's property that was never allege
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-05
  131 So. 3d 755· Fla.· 2013-12-05 ·cited 19×·via Injunction For Protection
  The Florida Supreme Court authorized new and amended standard criminal jury instructions for use in criminal trials, declining to authorize one instruction on sexual battery due to insufficient legal authority and lack of proper citation, while amending another instruction on agg
• Murphy v. Reynolds
  55 So. 3d 716· Fla. 1st DCA· 2011-03-03 ·cited 19×
  Shannon Murphy appeals a final injunction for protection against repeat violence entered by the trial court. The appellate court reverses because the trial court's finding that Murphy committed repeat violence lacks competent, substantial evidence to support it.
• Cohen Fin., LP v. Kmc/Ec II, LLC
  967 So. 2d 224· Fla. 3d DCA· 2007-07-11 ·cited 19×·via Injunction Criteria
  Cohen Financial appeals the denial of a temporary injunction to freeze loan proceeds as a broker's fee under a mortgage brokerage agreement. The court affirmed, holding that Cohen Financial failed to establish a substantial likelihood of success on the merits because it did not a
• Sandlake Residences, LLC v. Ogilvie
  951 So. 2d 117· Fla. 5th DCA· 2007-03-16 ·cited 19×·via Injunction Criteria
  Sandlake Residences appealed a trial court's grant of a temporary injunction requiring it to keep an entrance gate open and remove speed bumps from a permanent access road. The Fifth District Court of Appeal reversed, finding the trial court misinterpreted the easement agreement
• Whitby v. Infinity Radio Inc.
  951 So. 2d 890· Fla. 4th DCA· 2007-01-24 ·cited 19×·via Wrongful Injunction
  Elena Whitby, a radio personality who worked for WEAT-FM, breached her non-compete covenant by moving to competitor WRMF-FM. The trial court granted summary judgment on enforceability of the non-compete, directed a verdict against Whitby's counterclaim for wrongful injunction, an
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• Gibson Tr., Inc. v. Allen
  883 So. 2d 379· Fla. 4th DCA· 2004-09-29 ·cited 19×·via Permanent Injunction
  The Fourth District Court of Appeal reversed a default final judgment entered against defendants in a credit repair fraud case brought by the Florida Attorney General. The court found that defendants established excusable neglect based on a misunderstanding regarding a purported
• Morgan v. Herff Jones, Inc.
  883 So. 2d 309· Fla. 2d DCA· 2004-08-25 ·cited 19×·via Wrongful Injunction
  Terry Morgan challenges a temporary injunction issued by the circuit court that restrained him from competing with Herff Jones, Inc. and using the trade name Delmar Studios. The appellate court reversed the non-compete injunction but affirmed the injunction against use of the tra
• Perez v. Siegel
  857 So. 2d 353· Fla. 3d DCA· 2003-10-22 ·cited 19×
  The court held that the trial court erred in issuing a temporary injunction for protection against repeat violence because the alleged incidents did not meet the statutory definition of violence.
• Edward Supinski, M.D. v. Omni Healthcare, P.A.
  853 So. 2d 526· Fla. 5th DCA· 2003-08-29 ·cited 19×·via Temporary Injunction
  Dr. Supinski appeals a temporary injunction enforcing a noncompetition covenant in his employment agreement with Omni Healthcare. The appellate court affirmed the injunction as meeting all legal requirements for temporary injunctive relief, but remanded for reconsideration of the
• Kanter v. Kanter
  850 So. 2d 682· Fla. 4th DCA· 2003-07-30 ·cited 19×·via Temporary Injunction
  In this family law appeal, the husband challenges a trial court order that enjoined dissipation of marital assets and required resumption of temporary support payments to the wife. The court affirms, finding no fundamental error apparent on the face of the order and holding that
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×·via Dissolution Of Injunction
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Spurgiesz v. Lesley J. Graves
  750 So. 2d 771· Fla. 5th DCA· 2000-02-11 ·cited 19×·via Domestic Violence Injunction
• Burtman v. Tech. Chems. & Prods., Inc.
  724 So. 2d 672· Fla. 4th DCA· 1999-01-20 ·cited 19×·via Ex Parte Injunction
  The court held that under Florida Statute section 678.401, a plaintiff may pursue both injunctive relief and damages for an issuer's failure to register a securities transfer, rejecting the argument that common law irreparable harm requirements apply to statutory injunctions unde
• C.E. Dupont and Joyce Dupont v. Whiteside
  721 So. 2d 1259· Fla. 5th DCA· 1998-12-23 ·cited 19×
  The Duponts appealed a trial court judgment granting the Whitesides an easement of necessity to use a roadway across the Duponts' property to access their riverfront home. The Fifth District reversed, holding that the Whitesides' property was not landlocked and therefore no impli
• Nicholas v. Ross
  721 So. 2d 1241· Fla. 4th DCA· 1998-12-23 ·cited 19×
  The court reversed an order denying a motion to transfer venue, holding that a complaint alleging wire fraud and related claims against residents of Hillsborough County failed to establish proper venue in Palm Beach County. The court found that both the defendants' residence and
• Harrison v. Palm Harbor MRI, Inc.
  703 So. 2d 1117· Fla. 2d DCA· 1997-11-12 ·cited 19×
  An employee challenged a temporary injunction enforcing a noncompete agreement, arguing the covenant should be void due to the employer's sexual harassment. The appellate court found the procedural requirements for the injunction were satisfied, but reversed because the trial cou
• Spaulding v. Est. of Seth N. Frey
  666 So. 2d 935· Fla. 5th DCA· 1995-12-22 ·cited 19×·via Temporary Injunction
  The court held that arguments raised on a motion to dissolve a temporary injunction are limited to issues not previously litigated or appealable from the original injunction order.
• Palm Point Prop. Owners' Ass'n of Charlotte Cnty., Inc. v. Pisarski
  626 So. 2d 195· Fla.· 1993-10-21 ·cited 19×
  The Florida Supreme Court held that a property owners' association lacking direct succession to the developer's interests and not expressly provided for in the original subdivision scheme lacks standing to enforce restrictive covenants on behalf of its members. The court declined
• Gen. Comm. of Adjustment v. CSX R.R. Corp.
  893 F.2d 584· 3d Cir.· 1990-01-05 ·cited 19×·via Preliminary Injunction
  The court held that the dispute over the sale of a rail line was a "minor" dispute under the Railway Labor Act because it was arguable that existing agreements and past practices could resolve the issue, thus requiring arbitration by the National Railroad Adjustment Board.
• Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass'n, Inc.
  544 So. 2d 1080· Fla. 2d DCA· 1989-06-09 ·cited 19×
  A commercial lessee of a condominium unit sought a temporary injunction to prevent the condominium association from eliminating its allocated parking spaces. The trial court denied the motion based on lack of standing, but the appellate court reversed, holding that the lessee had