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

• Charles F. Porter & the Town of Bartow v. Carpenter
  39 Fla. 14· Fla.· 1897-01-01 ·cited 19×
  This case establishes that when a landowner subdivides property into a town plat with designated streets and sells lots by reference to that plat, the streets are dedicated to public use and cannot be obstructed. The court reversed the judgment against the Town of Bartow but modi
• Axline v. Shaw
  35 Fla. 305· Fla.· 1895-01-01 ·cited 19×
  Mrs. Axline, a riparian property owner, sought an injunction against a neighbor's fence and wharf that allegedly interfered with her water rights on Orange Lake. The Florida Supreme Court affirmed the dismissal of her bill, holding that even if Orange Lake were a navigable stream
• McMichael v. Grady
  34 Fla. 219· Fla.· 1894-06-01 ·cited 19×
  McMichael sought equity relief to prevent the sale of his property claimed as exempt under Florida's constitutional exemption for heads of families. The Florida Supreme Court held that courts of equity have jurisdiction to protect exempt property from forced sale and reversed the
• Wittich v. O'Neal
  22 Fla. 592· Fla.· 1886-06-01 ·cited 19×·via Wrongful Injunction
  The Florida Supreme Court held that counsel fees incurred to dissolve a temporary injunction are recoverable as damages under an injunction bond, and that a fixed liability for such fees is sufficient without proof of actual payment. The court rejected the contrary position taken
• Lycurgus G. Stewart v. Stewart
  19 Fla. 846· Fla.· 1883-01-01 ·cited 19×
  This case involves a dispute over the ownership of real estate. The appellee, Mrs. Stewart, sought to enjoin her husband's brother, Lycurgus G. Stewart, from interfering with her claim to the property. The court reversed the lower court's decree, finding insufficient evidence to
• Mitchell v. Mitchell
  198 So. 3d 1096· Fla. 4th DCA· 2016-08-24 ·cited 18×·via Domestic Violence Injunction
  The Fourth District Court of Appeal reversed a permanent domestic violence injunction, holding that the trial court applied an incorrect legal standard by focusing on subjective fear rather than objectively reasonable fear of imminent danger. The court found the evidence insuffic
• William O. Murtagh, M.D. v. Hurley
  40 So. 3d 62· Fla. 2d DCA· 2010-07-07 ·cited 18×·via Temporary Injunction
  Dr. Murtagh sought a temporary injunction to prevent his former patient Hurley from making allegedly defamatory statements to his patients and prospective patients, claiming tortious interference with business relationships. The court held that while injunctive relief is availabl
• Grigsby v. Grigsby
  39 So. 3d 453· Fla. 2d DCA· 2010-07-07 ·cited 18×·via Domestic Violence Injunction
  Lisa Grigsby appeals from an order awarding sole parental responsibility to the father and completely suspending her time-sharing with the parties' four minor children based on severe parental alienation. The court affirmed the suspension but reversed and remanded on the narrow g
• Orseck v. Servicios Legales De Mesoamerica S. De R.L.
  699 F. Supp. 2d 1344· S.D. Fla.· 2010-03-22 ·cited 18×·via Preliminary Injunction
  The court held that federal statutory interpleader requirements were met, granting a preliminary injunction to restrain claimants and transferring the case to the Southern District of Texas.
• Inquiry Concerning A Judge
  36 So. 3d 580· Fla.· 2010-02-11 ·cited 18×·via Domestic Violence Injunction
  The Florida Supreme Court upheld the Judicial Qualifications Commission's findings that Seminole County Judge Ralph E. Eriksson violated the Code of Judicial Conduct by retaliating against a defendant who sought recusal and by employing an unduly rigid and hostile approach in dom
• Ford v. Browning
  992 So. 2d 132· Fla.· 2008-09-15 ·cited 18×
  The Florida Supreme Court held that the Taxation and Budget Reform Commission (TBRC) exceeded its constitutional authority by proposing two constitutional amendments—one regarding religious freedom and state funding of religion, and another regarding education funding and the sta
• Miami-Dade Cnty. v. Adolfo Perez
  988 So. 2d 40· Fla. 3d DCA· 2008-07-09 ·cited 18×·via Temporary Injunction
  The denial of a motion for summary judgment is not an appealable order under Florida Rule of Appellate Procedure 9.130(a)(3) unless it determines the right to immediate possession of property, which this order did not.
• Stranahan House, Inc. v. City OF Fort Lauderdale
  967 So. 2d 1121· Fla. 4th DCA· 2007-11-14 ·cited 18×
  Stranahan House challenged the City of Fort Lauderdale's approval of a development site plan for property adjacent to the historic Stranahan House. The Fourth District Court of Appeal upheld the circuit court's denial of two petitions for certiorari, holding that Stranahan House
• Nu-Vision, LLC v. Corporate Convenience, Inc.
  965 So. 2d 232· Fla. 5th DCA· 2007-09-07 ·cited 18×·via Temporary Injunction
  Nu-Vision sought certiorari review of an order dissolving a lis pendens filed on commercial real estate based on a purported option to purchase. The court held that Nu-Vision's December 16, 2004 letter could not support a claim for specific performance as a matter of law because
• Fields v. Klein
  946 So. 2d 119· Fla. 4th DCA· 2007-01-10 ·cited 18×·via Mandatory Injunction
  The court reversed a final judgment awarding a discharged attorney a contingency fee, finding the client was entitled to discharge the attorney before the contingency was realized and was only obligated to pay the reasonable value of services rendered.
• Ware v. Polk Cnty.
  918 So. 2d 977· Fla. 2d DCA· 2005-12-09 ·cited 18×·via Temporary Injunction
  Paul Ware built a Quonset-type structure on his Polk County property without obtaining a required building permit in violation of county code. The trial court granted summary judgment for the County and denied the County's motion for a temporary injunction. The appellate court di
• Jeb Bush v. Schiavo
  871 So. 2d 1012· Fla. 2d DCA· 2004-04-23 ·cited 18×·via Action For Injunction
  The court held that the Governor, by participating in the hearing through counsel without objecting to jurisdiction, submitted to the trial court's jurisdiction and waived any objection. The court also held that Pinellas County was the proper venue under the sword-wielder doctrin
• Payne v. Cudjoe Gardens Prop. Owners Ass'n, Inc.
  837 So. 2d 458· Fla. 3d DCA· 2002-12-18 ·cited 18×
  Homeowners appealed a summary judgment in favor of their homeowners association, which sought to enforce deed restriction setback requirements. The appellate court reversed, finding that summary judgment was improvidently granted because discovery was incomplete and material fact
• Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc.
  824 So. 2d 226· Fla. 4th DCA· 2002-07-24 ·cited 18×·via Temporary Injunction
  Aerospace Welding appeals from the dissolution of a temporary injunction and an award of attorney's fees to the defendant. The court affirmed, holding that the original injunction order violated Florida Rules of Civil Procedure by failing to specify reasons for entry and describe
• Nattassia Matin v. Hill
  801 So. 2d 1003· Fla. 4th DCA· 2001-12-19 ·cited 18×·via Temporary Injunction
  The Fourth District Court of Appeal reversed a trial court's denial of a mother's motion to dissolve an ex parte child pick-up order, holding that the mother was denied due process because the hearing on the motion to dissolve was not truly evidentiary and the father failed to pr
• City OF Sarasota v. Windom
  736 So. 2d 741· Fla. 2d DCA· 1999-06-23 ·cited 18×·via Permanent Injunction
  The City of Sarasota appeals injunctions prohibiting it from installing speed humps and speed tables on city streets. The court reverses, holding that the plaintiffs lacked standing to challenge the city's traffic safety devices because no private cause of action exists under Flo
• Miami-Dade Cnty. v. Church & Tower, Inc.
  715 So. 2d 1084· Fla. 3d DCA· 1998-08-12 ·cited 18×·via Temporary Injunction
  Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
• Ammons v. Okeechobee Cnty.
  710 So. 2d 641· Fla. 4th DCA· 1998-04-15 ·cited 18×
  Lisa Ammons and other appellants sought damages and injunctive relief after Okeechobee County revoked their occupational license for a commercial aluminum business, claiming the county was equitably estopped from doing so and that their constitutional rights were violated. The Fo
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×·via Prohibitory Injunction
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Dep't OF Cmty. Affairs v. Holmes Cnty.
  668 So. 2d 1096· Fla. 1st DCA· 1996-03-05 ·cited 18×
  Holmes County and Washington County sought to enjoin the Florida Department of Community Affairs from distributing federal disaster relief funds to Leon County, Wakulla County, and Tallahassee without allowing the plaintiff counties to compete for the funds. The appellate court r
• Walker v. Honorable E. Randolph Bentley
  660 So. 2d 313· Fla. 2d DCA· 1995-08-30 ·cited 18×·via Domestic Violence Injunction
  Walker seeks a writ of prohibition to prevent a circuit judge from prosecuting him for indirect criminal contempt for violating a domestic violence injunction. The court holds that despite the legislature's 1994 amendment limiting enforcement to civil contempt, circuit courts ret
• Sanz v. R.T. Aerospace Corp.
  650 So. 2d 1057· Fla. 3d DCA· 1995-02-15 ·cited 18×·via Preliminary Injunction
  Jose Sanz appeals the grant of a preliminary injunction enforcing a noncompete clause from his three-year employment agreement with R.T. Aerospace, which had expired by its terms in January 1992 before his termination in November 1993. The court reverses, holding that noncompete
• The City OF Jacksonville v. Wynn
  650 So. 2d 182· Fla. 1st DCA· 1995-02-09 ·cited 18×
  Property owners in Jacksonville challenged the city's comprehensive plan as applied to their residential properties, seeking declarations that the plan was invalid and injunctive relief to permit commercial zoning. The appellate court reversed, holding that circuit courts lack su
• Hutchinson v. Kimzay OF Fla., Inc.
  637 So. 2d 942· Fla. 5th DCA· 1994-05-27 ·cited 18×
  A landlord appealed orders granting temporary injunctions that prevented him from pursuing eviction and claiming damages against his tenant over a lease rent dispute. The Florida appellate court reversed both injunctive orders, finding they failed to comply with the procedural re
• Diefenderfer v. Forest Park Springs
  599 So. 2d 1309· Fla. 5th DCA· 1992-04-10 ·cited 18×·via Mandatory Injunction
  Diefenderfer appeals the denial of a mandatory injunction to remove a subdivision wall that encroached on his fifty-foot private road easement. The trial court denied the injunction because the wall did not impair his actual use of the easement, as he only used a twelve-foot stri
• de Leon v. Aerochago, S.A.
  593 So. 2d 558· Fla. 3d DCA· 1992-01-28 ·cited 18×·via Injunction Bond
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the appellees failed to demonstrate a clear legal right and the likelihood of irreparable harm, as they had an adequate remedy at law.
• Int'l Res., Inc. v. NEW York Life Ins. Co.
  950 F.2d 294· 6th Cir.· 1991-11-26 ·cited 18×·via Preliminary Injunction
  The court held that the fourth state law claim regarding conversion rights under Kentucky law is pre-empted by ERISA, and plaintiffs must pursue their claims under ERISA's civil enforcement provisions.
• Franklin Fed. Sav. Bank v. Dir., Off. OF Thrift Supervision
  927 F.2d 1332· 6th Cir.· 1991-03-12 ·cited 18×
  The court held that FIRREA § 401(g) preserves bargained-for forbearances as binding obligations, and the forbearance letter constituted an integral part of a binding agreement, thus the government could not abrogate it.
• Camping Constr. Co. v. Dist. Council OF Iron Workers
  915 F.2d 1333· 9th Cir.· 1990-10-02 ·cited 18×·via Labor Dispute Injunctions
  The court held that while termination disputes under a prehire agreement are arbitrable, claims of repudiation of such agreements must be decided by a court, not an arbitrator. Furthermore, the Norris-LaGuardia Act restricts a court's power to issue injunctions staying labor arbi
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×·via Overbroad Injunction
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• Dowell v. The Bd. OF Educ. OF THE Okla. City Pub. Schs.
  890 F.2d 1483· 10th Cir.· 1989-10-06 ·cited 18×
  The court held that a school district's unitary status does not automatically dissolve a desegregation decree, and the district court must still demonstrate a substantial change in circumstances to modify it.
• Gilpin v. Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO
  875 F.2d 1310· 7th Cir.· 1989-05-24 ·cited 18×·via Preliminary Injunction
  The court held that the plaintiffs failed to demonstrate harm from the union's inadequate notices regarding agency fees, and thus were not entitled to restitution or punitive damages. Class certification was also denied due to a conflict of interest.
• Fla. Soc'y OF Newspaper Editors, Inc. v. The Fla. Pub. Serv. Comm'n
  543 So. 2d 1262· Fla. 1st DCA· 1989-04-28 ·cited 18×
  Florida newspaper editors sought mandamus to compel the Public Service Commission to disclose utility documents classified as confidential business information and to prohibit closure of PSC proceedings under the Public Records Act and Government in the Sunshine Act. The court af
• Oriental Health SPA v. City OF Fort Wayne
  864 F.2d 486· 7th Cir.· 1988-12-15 ·cited 18×·via Permanent Injunction
  The court held that Oriental Health Spa's due process claims were not ripe or lacked standing, and Martha Clampitt's equal protection claim failed because the ordinance was rationally related to legitimate government interests.
• Rosenfeld v. United States
  859 F.2d 717· 9th Cir.· 1988-10-12 ·cited 18×
  The court held that an interim attorney's fee award under the Freedom of Information Act is not a final, appealable order, and that such awards are permissible and do not violate sovereign immunity or the Judgment Fund statute.
• United States v. BNS Inc.
  858 F.2d 456· 9th Cir.· 1988-09-15 ·cited 18×·via Preliminary Injunction
• V.N.A. OF Greater Tift Cnty., Inc. v. Heckler
  711 F.2d 1020· 11th Cir.· 1988-08-12 ·cited 18×·via Status Quo Injunction
  The court held that the standard for issuing a status quo injunction pending administrative review should not require a "virtually certain" case, especially when administrative review would otherwise be meaningless.
• Motown Prods., Inc. v. Cacomm, Inc.
  849 F.2d 781· 2d Cir.· 1988-06-20 ·cited 18×
  The court held that while the law firm's client's position was weak, the firm's conduct in advocating that position did not rise to the level of frivolousness or bad faith required for Rule 11 or Lanham Act sanctions.
• Hartford House, Ltd. v. Hallmark Cards
  846 F.2d 1268· 10th Cir.· 1988-05-24 ·cited 18×·via Preliminary Injunction
  The court held that the combination of features comprising the plaintiff's greeting card trade dress was non-functional and protectable under the Lanham Act, and affirmed the preliminary injunction.
• M.G.K. P'rs v. Cavallo
  515 So. 2d 368· Fla. 4th DCA· 1987-11-12 ·cited 18×
  M.G.K. Partners appeals the trial court's decision to grant a temporary injunction preventing it from leasing space in its shopping center to Domino's Pizza, based on a non-competition clause in the existing Stage Deli lease. The court affirmed, finding no clear abuse of discreti
• Baja Contractors, Inc. v. The City OF Chicago
  830 F.2d 667· 7th Cir.· 1987-09-16 ·cited 18×·via Preliminary Injunction
  The court held that the district court erred in granting a preliminary injunction because Baja did not demonstrate a likelihood of success on the merits, specifically lacking a protected property interest in MBE certification as a concrete supplier.
• Black LAW Enf't Officers Ass'n v. The City OF Akron
  824 F.2d 475· 6th Cir.· 1987-07-22 ·cited 18×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction allowing temporary promotions based on a revised ranking, but erred in using the statute of limitations to bar evidence of past discriminatory actions.
• Dole Fresh Fruit Co. v. United Banana Co., Inc.
  821 F.2d 106· 2d Cir.· 1987-06-08 ·cited 18×·via Preliminary Injunction
  The court held that while the corporate defendant's contempt order is affirmed, the contempt orders against individual officers and employees must be vacated due to due process violations, including lack of notice and opportunity to prepare a defense, and failure to advise them o
• Patten Sec. Corp., Inc. v. Diamond Greyhound & Genetics, Inc.
  819 F.2d 400· 3d Cir.· 1987-05-21 ·cited 18×
  The court held that it has appellate jurisdiction over the order staying the action pending arbitration, and that the order should be affirmed because the party is bound by NASD arbitration rules and the forum selection clause did not waive arbitration rights.
• Ecri v. McGRAW-Hill, Inc.
  809 F.2d 223· 3d Cir.· 1987-01-20 ·cited 18×·via Preliminary Injunction
  A preliminary injunction enforcing a contract cannot stand if the party seeking it fails to demonstrate irreparable harm, especially when the contract contains termination provisions that limit the scope of potential injury.