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

• McCARTY v. Lichtenberg
  67 So. 2d 655· Fla.· 1953-10-23 ·cited 18×
  The Florida Supreme Court held that the Trustees of the Internal Improvement Fund, as constitutional state officers whose offices are required by constitution to be in Tallahassee, Leon County, may claim venue in that county and are not subject to suit in the county where the lan
• Waddell v. Chicago Land Clearance Comm'n
  206 F.2d 748· 7th Cir.· 1953-08-11 ·cited 18×·via Request For Injunction
  The court held that the appeal was untimely and frivolous, and therefore dismissed it.
• State Dep't of Pub. Welf. v. Bland
  66 So. 2d 59· Fla.· 1953-06-23 ·cited 18×
  The Florida Supreme Court reversed the dismissal of the Department of Public Welfare's injunction suit against Lillian Mattie Bland, who was operating an unlicensed children's nursing home in violation of a 1949 special statute. The Court held that equity courts have jurisdiction
• State Dep't of Pub. Welf. v. Melser
  69 So. 2d 347· Fla.· 1953-06-05 ·cited 18×
  The Florida Supreme Court reversed a declaratory judgment requiring the State Department of Public Welfare to reimburse recipients of public assistance for prescriptions written by naturopathic physicians on the same basis as prescriptions from medical doctors and osteopaths. The
• Hall v. Hanford
  64 So. 2d 303· Fla.· 1953-04-07 ·cited 18×
  The Florida Supreme Court reviewed an order that both dismissed a bill of complaint with leave to amend and simultaneously maintained a temporary injunction based on that same bill. The court held that a court cannot maintain an injunction after dismissing the bill of complaint t
• Yoke v. Mazzello
  202 F.2d 508· 4th Cir.· 1953-02-03 ·cited 18×
  The court held that the Collector's arbitrary refusal to accept a taxpayer's adequate personal surety bond to stay a jeopardy assessment, based solely on office policy, constituted an abuse of discretion and justified an injunction.
• Chappell v. Goltsman
  197 F.2d 837· 5th Cir.· 1952-06-30 ·cited 18×
  The court held that the trial court's findings of fact were not clearly erroneous and affirmed the judgment, with a modification.
• Tobin v. Anthony-Williams MFG. Co., Inc.
  196 F.2d 547· 8th Cir.· 1952-05-06 ·cited 18×
  The court held that truck drivers and woods workers were employees under the Fair Labor Standards Act and that the trial court erred in refusing to enjoin record-keeping violations.
• Door v. Donaldson
  195 F.2d 764· D.C. Cir.· 1952-01-31 ·cited 18×·via Preliminary Injunction
• In re Third AVE. Transit Corp. v. Quill
  192 F.2d 971· 2d Cir.· 1951-12-13 ·cited 18×
  The court held that the reorganization court lacked jurisdiction to issue an injunction against a labor dispute under the Norris-La Guardia Act, and therefore erred in denying the motion to vacate the injunction.
• Grasse v. Snyder
  192 F.2d 35· D.C. Cir.· 1951-09-27 ·cited 18×·via Mandatory Injunction
  The court held that the plaintiff's claim for reinstatement was barred by laches due to his significant delay in filing suit after his discharge was sustained.
• Land v. Dollar
  190 F.2d 366· D.C. Cir.· 1951-04-11 ·cited 18×
  Government officials who act in defiance of a court order directing them to transfer property, even if claiming to act on behalf of the United States, can be held in contempt.
• Harrington v. Emmerman
  186 F.2d 757· D.C. Cir.· 1950-11-16 ·cited 18×
  The court held that the depositor's committee's demand for the funds while she was alive, and the defendant's refusal to divide the account, severed the joint tenancy and terminated survivorship rights, making the depositor's subsequent death immaterial to ownership.
• Mayflower Indus. v. Thor Corp.
  184 F.2d 537· 3d Cir.· 1950-08-08 ·cited 18×·via Preliminary Injunction
  The court held that the claims against Thor and Teldisco were not 'separate and independent' for removal purposes under 28 U.S.C. § 1441(c).
• Barnes v. City of Miami
  47 So. 2d 3· Fla.· 1950-06-26 ·cited 18×
  The Supreme Court of Florida affirmed a lower court's decision to dismiss a lawsuit seeking to enjoin a city election on a low-cost housing ordinance. The court held that the initiative provision in the city charter was broad enough to cover the proposed ordinance, regardless of
• Young v. Handwork
  179 F.2d 70· 7th Cir.· 1949-12-12 ·cited 18×·via Action For Injunction
  The court held that the bankrupt's vested equitable life estates in the trusts were transferable property under Section 70(a)(5) of the Bankruptcy Act and thus passed to the bankruptcy trustee, and that the defendants consented to the court's diversity jurisdiction.
• Sturm v. McGRATH
  177 F.2d 472· 10th Cir.· 1949-10-28 ·cited 18×
  The court held that a federal prisoner's claim regarding forfeiture of good time allowance is not judicially reviewable until the prisoner is entitled to discharge.
• Woods v. Witzke
  174 F.2d 855· 6th Cir.· 1949-05-11 ·cited 18×
  The court held that restitution and statutory treble damages under the Emergency Price Control Act are not mutually exclusive and can both be awarded.
• Fogelson v. Am. Woolen Co., Inc.
  170 F.2d 660· 2d Cir.· 1948-11-10 ·cited 18×
  The court held that a triable issue of fact exists regarding whether the directors' decision to implement a retirement plan, particularly the large pension for the president funded by a lump sum, constituted a waste of corporate assets, precluding summary judgment.
• Johnson v. Stevenson
  170 F.2d 108· 5th Cir.· 1948-10-07 ·cited 18×·via Suit For Injunction
  A federal district court lacks jurisdiction to grant equitable relief in a state-run primary election dispute for a federal office, even if fraud is alleged.
• Gates v. Woods
  169 F.2d 440· 4th Cir.· 1948-08-17 ·cited 18×
  The court held that plaintiffs' failure to exhaust administrative remedies justified dismissal of their injunction suit, and affirmed the trial court's findings of fact regarding rent overcharges.
• Consumers Petroleum Co. v. Consumers Co. of Ill.
  169 F.2d 153· 7th Cir.· 1948-07-16 ·cited 18×
  The court held that confusion arising solely from the use of a descriptive word in the public domain, without any element of wrongdoing, fraud, or palming off by the defendant, does not constitute unfair competition or a basis for equitable relief.
• Wesson v. Crain
  165 F.2d 6· 8th Cir.· 1948-01-16 ·cited 18×
  The court held that not all beneficiaries of a trust are indispensable parties in an action to remove a trustee for misconduct, and the case should proceed to trial on the merits.
• Bell v. Smith
  159 Fla. 817· Fla.· 1947-12-12 ·cited 18×
  A Florida Supreme Court decision establishing that a constructive trust arises when one party acquires property by fraudulently misrepresenting ownership or agency status to a third party holder of tax certificates, thereby preventing the true owner from exercising preferential r
• Connolly v. Gishwiller
  162 F.2d 428· 7th Cir.· 1947-06-19 ·cited 18×
  The court held that the trial court did not err in adopting the master's findings of fact and conclusions of law, and that the appointment of a receiver and issuance of an injunction were within the court's sound discretion.
• Krug v. Santa FE PAC. R. Co.
  158 F.2d 317· D.C. Cir.· 1946-10-21 ·cited 18×
  A plaintiff's motion for summary judgment is premature if filed before the defendant has filed an answer, even if the defendant has also moved for summary judgment. However, a defendant's motion for summary judgment should not be denied if there is a genuine dispute of material f
• Donnelly Garment Co. v. Dubinsky
  154 F.2d 38· 8th Cir.· 1946-03-11 ·cited 18×·via Labor Dispute Injunctions
  The court held that federal courts lack jurisdiction to issue injunctions in labor disputes without specific findings required by the Norris-LaGuardia Act, including proof that public officers are unable or unwilling to provide adequate protection.
• Safford v. McCASKILL
  157 Fla. 133· Fla.· 1946-03-01 ·cited 18×
  Willie Safford sought equitable relief to recover real estate and securities purchased with his money but titled solely in his deceased wife's name, claiming breach of a fiduciary duty and fraud. The Florida Supreme Court reversed the trial court's dismissal of his amended bill o
• Richart v. Roper
  156 Fla. 822· Fla.· 1946-01-22 ·cited 18×
  In this Florida Supreme Court case, the court upheld a county judge's decision to oust a tenant from a store building where the landlords held the property as tenants by the entirety. The court rejected the tenant's equitable argument that the lease agreement should be enforced d
• Griesedieck W. Brewery Co. v. Peoples Brewing Co.
  149 F.2d 1019· 8th Cir.· 1945-06-20 ·cited 18×
  The court held that a trademark owner's rights are limited to the territory where the mark has been established by use, and without competition or confusion in a market, there is no infringement or unfair competition.
• First Born Church of the Living God v. The First Born Church of the Living God
  156 Fla. 78· Fla.· 1945-06-12 ·cited 18×
  The Florida Supreme Court affirmed a lower court decision invalidating property deeds transferred by church trustees to a schismatic organization that shared a confusingly similar name with the original parent church. The court held that a dissident former bishop's creation of a
• United States v. Montgomery Ward & Co., Inc.
  150 F.2d 369· 7th Cir.· 1945-06-08 ·cited 18×
  The court held that the term 'production' in the War Labor Disputes Act, when construed in pari materia with the Fair Labor Standards Act, includes distribution and therefore authorizes the seizure of a general retail and mail order business like Montgomery Ward's during wartime.
• Eighth Reg'l War Labor Bd. v. Humble OIL & Ref. Co.
  145 F.2d 462· 5th Cir.· 1944-12-21 ·cited 18×
  The court held that a district court lacked jurisdiction to enjoin nonresident defendants and that there was no sound basis for issuing an injunction against resident defendants.
• Glazer v. Hoffman
  153 Fla. 809· Fla.· 1943-11-26 ·cited 18×
  Charles Hoffman, a magician known as "Think-a-Drink Hoffman," sought an injunction against fellow magician Maurice Glazer for allegedly copying his performance of producing cocktails and beverages from seemingly empty containers. The court held that while Hoffman's copyrighted "p
• O'Malley v. United States
  128 F.2d 676· 8th Cir.· 1942-06-01 ·cited 18×·via Interlocutory Injunction
  The dissenting judge holds that the lower court lacked jurisdiction to summarily punish the appellants for contempt, as their conduct, though obstructive, did not occur in the court's presence or near enough to disrupt its proceedings.
• Purcell v. Summers
  126 F.2d 390· 4th Cir.· 1942-03-09 ·cited 18×
  The federal court has jurisdiction over a suit seeking a declaratory judgment on the validity of a church union and protection of its name, even though state courts have jurisdiction over specific local properties involved in related suits.
• Smith v. Lummus
  6 So.2d 625· Fla.· 1942-03-06 ·cited 18×
  The Florida Supreme Court considered whether a New York-based brokerage firm could be taxed in Florida on its customers' "debit balances" (essentially loans for stock purchases). The court held that these debit balances were not taxable in Florida because the firm's Florida agent
• Palm Corp. v. Walters
  148 Fla. 527· Fla.· 1941-11-21 ·cited 18×
  Palm Corporation appeals from a decree enjoining it and other defendants from maintaining a nuisance at the Albion Hotel that interferes with the adjacent Walters Building. The court affirmed the existence of a nuisance but reversed because the injunction was too vague to be enfo
• Weiner v. Nat'l Tinsel MFG. Co.
  123 F.2d 96· 7th Cir.· 1941-10-24 ·cited 18×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the defendant's use of trade names that simulated the plaintiffs' registered trademarks.
• Miami Cnty. Nat. Bank of Paola v. Bancroft
  121 F.2d 921· 10th Cir.· 1941-07-17 ·cited 18×·via Application For Injunction
  Federal courts have jurisdiction to determine heirship and property distribution rights, even when probate proceedings are pending in state court. Federal courts are prohibited from enjoining state court proceedings except in bankruptcy cases.
• McCARTY v. Hollis
  120 F.2d 540· 10th Cir.· 1941-05-31 ·cited 18×
  The court held that the federal court lacked jurisdiction to adjudicate the marital status of the parties, as this falls under domestic relations law reserved for states.
• A. M. Klemm & Son v. The City of Winter Haven
  141 Fla. 60· Fla.· 1939-12-12 ·cited 18×
  The Florida Supreme Court affirmed the dismissal of a bill of complaint seeking to enjoin municipal taxation of rural lands that had been excluded from Winter Haven's jurisdiction by quo warranto proceedings. The court held that while the lands were illegally incorporated in viol
• City of Tampa v. Tampa Shipbuilding & Eng'g Co.
  136 Fla. 216· Fla.· 1939-01-31 ·cited 18×
  The court affirmed a lower court's decision to deny a motion to dismiss a lawsuit seeking an injunction against the collection of taxes. The case concerned whether a plant primarily designed for building steel vessels was exempt from taxation under a state constitutional amendmen
• McCreary v. Lake Boulevard Sponge Exch. Co., Inc.
  133 Fla. 740· Fla.· 1938-08-01 ·cited 18×·via Mandatory Injunction
  The Florida Supreme Court held that a property owner who stands by and permits another to erect buildings on their land under a mistaken belief about boundary lines cannot simply claim ownership of those improvements, but must allow removal on payment of damages. This case establ
• Anderson v. Tower Amusement Co.
  118 Fla. 437· Fla.· 1935-02-16 ·cited 18×
  Marie W. Anderson sought injunctive relief to prevent Tower Amusement Company and D. V. Marquis from interfering with her tenant's possession of leased premises in violation of a restrictive covenant. The Florida Supreme Court granted a constitutional writ of injunction on appeal
• Atl. Coast Line R.R. Co. v. Duval Cnty.
  114 Fla. 254· Fla.· 1934-03-09 ·cited 18×
  The Florida Supreme Court reversed a Circuit Court order granting an injunction to compel Atlantic Coast Line Railroad to construct a street crossing and authorizing the county to construct it at the railroad's expense. The court held that because the railroad right-of-way is pri
• City of W. Palm Beach v. Ryder
  73 Fla. 558· Fla.· 1917-03-05 ·cited 18×
  This case involves a challenge by property owners to liens placed on their property by the City of West Palm Beach for repaving Clematis Avenue. The property owners sought an injunction to prevent the city from collecting these assessments, arguing they were unreasonable. The app
• Baxter v. Liddon
  62 Fla. 428· Fla.· 1911-06-01 ·cited 18×
  Baxter and others appealed a chancery court decree that granted Liddon's bill for injunction against ejectment proceedings and ordered conveyance of disputed land based on equitable title. The Florida Supreme Court affirmed, finding the evidence supported the chancellor's finding
• The State of Fla. ex rel. S. H. Hart v. Call
  41 Fla. 442· Fla.· 1899-06-01 ·cited 18×
  In this mandamus proceeding, the Florida Supreme Court addresses whether Judge R. M. Call was properly disqualified from presiding over a case challenging a school district tax election. The Court upholds the judge's self-disqualification, holding that as a property owner subject
• Ledwith v. City of Jacksonville
  32 Fla. 1· Fla.· 1893-06-01 ·cited 18×
  William Ledwith obtained an injunction preventing Jacksonville from enforcing void 1889 ordinances that had prohibited him from operating a meat market in his building. After the court affirmed the injunction, the city passed a new 1890 ordinance establishing a public market else