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

• Jacksonville v. Chas. S. Adams
  28 Fla. 631· Fla.· 1891-06-01 ·cited 18×
  Jacksonville, Tampa & Key West Railway Company appeals an ejectment judgment and seeks to withhold the mandate of possession to allow condemnation proceedings. The Florida Supreme Court affirms the ejectment judgment but withholds the mandate of possession to permit the railroad
• Moyers v. Coiner
  22 Fla. 422· Fla.· 1886-06-01 ·cited 18×
  The court reversed a lower court's decision to appoint a receiver and charge the defendant with the receiver's costs. The appellate court found that the receiver was appointed without proper notice and sufficient justification, making the subsequent costs improperly chargeable to
• Hayden v. Barton H. Thrasher
  18 Fla. 795· Fla.· 1882-01-01 ·cited 18×
  A surety who paid promissory notes at the request of a co-surety may seek equitable relief to compel the principal obligors to discharge the debt, even without a prior judgment at law. The Florida Supreme Court reversed the dismissal of the bill and held that a surety may pursue
• Harbourside Place, LLc v. Town of Jupiter
  958 F.3d 1308· 11th Cir.· 2020-05-14 ·cited 17×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, finding that the plaintiff failed to establish a likelihood of success on its claims that it qualifies as an outdoor venue and that the challenged sections of the Jupiter Code
• In re Amendments to Fla. Fam. Law Rules of Procedure
  214 So. 3d 400· Fla.· 2017-03-16 ·cited 17×·via Domestic Violence Injunction
  The Court adopted a standalone set of Florida Family Law Rules of Procedure to govern all family law matters, replacing the prior system of incorporating the Florida Rules of Civil Procedure by reference. The Court declined to adopt proposed amendments to Rule 12.110 regarding ve
• de Leon v. Yohusy Collazo
  178 So. 3d 906· Fla. 3d DCA· 2015-10-14 ·cited 17×·via Domestic Violence Injunction
  The Florida Third District Court of Appeal reversed a permanent injunction for protection against domestic violence because the trial court improperly admitted and considered substantial allegations of abuse that were never pleaded in the petition, violating the defendant's due p
• Selph v. Decirena Selph
  144 So. 3d 676· Fla. 4th DCA· 2014-08-13 ·cited 17×·via Domestic Violence Injunction
  The court held that the trial court erred in entering a domestic violence injunction because the evidence presented was not legally sufficient to support a finding of domestic violence as defined by statute.
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×·via Ex Parte Injunction
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Levy v. Jacobs
  69 So. 3d 403· Fla. 4th DCA· 2011-09-21 ·cited 17×
  Sandy Levy appeals an injunction for protection against repeat violence entered against him. The court affirmed the injunction, holding that Levy's two attacks on Daniel Jacobs—one outside a building and one in its lobby, separated by approximately five minutes—constituted two se
• Fla. High Sch. Activities Ass'n v. Mander
  932 So. 2d 314· Fla. 2d DCA· 2006-02-01 ·cited 17×
  The Florida High School Activities Association (FHSAA) appealed a temporary restraining order allowing a private-school student to play volleyball on a public middle-school team. The appellate court reversed the order because it was issued without reasonable notice to the FHSAA a
• Poindexter v. Springer
  898 So. 2d 204· Fla. 2d DCA· 2005-03-11 ·cited 17×
  A Florida appellate court reversed a permanent injunction against violence issued against a prison inmate, finding that his correspondence to his former private investigator did not meet statutory requirements for stalking. The court held that the inmate's filing of complaints an
• Ravitch v. Tess A. Whelan
  851 So. 2d 271· Fla. 5th DCA· 2003-08-01 ·cited 17×
  The court held that the record contained no evidence of violence or misconduct to justify an injunction for protection against repeat violence.
• Mendez Lynch v. Mendez Lynch
  220 F. Supp. 2d 1347· M.D. Fla.· 2002-08-13 ·cited 17×·via Domestic Violence Injunction
  The court found that the Petitioner established the elements of wrongful removal under the Hague Convention, and that the Respondent failed to establish any exceptions to the mandatory return of the children.
• N. Am. Prods. Corp. v. Moore
  196 F. Supp. 2d 1217· M.D. Fla.· 2002-04-02 ·cited 17×·via Injunction Bond
  The court held that the employer established a likelihood of success on the merits regarding the employee's material breach defense and the enforcement of the 1998 non-solicitation agreement, but not the 1991 agreement due to unresolved novation issues.
• Off. of the Attorney Gen. v. Millennium Commc'ns & Fulfillment, Inc.
  800 So. 2d 255· Fla. 3d DCA· 2001-10-10 ·cited 17×·via Permanent Injunction
  The court held that a protective order denying discovery was improperly granted because the grounds for the order were insufficient and the denial of discovery could cause irreparable harm.
• Wiley Webb v. Town Council OF Town OF Hilliard
  766 So. 2d 1241· Fla. 1st DCA· 2000-09-25 ·cited 17×
  Webb appealed the dismissal of his complaint challenging the Town Council's grant of a special zoning exception to McKinnon without compliance with statutory notice and hearing requirements. The court reversed, holding that a complaint for declaratory judgment and mandamus is a p
• P.M. Realty & Invs., Inc. v. City OF Tampa
  779 So. 2d 404· Fla. 2d DCA· 2000-08-25 ·cited 17×·via Preliminary Injunction
  P.M. Realty & Investments, Inc. appeals a preliminary injunction granted to the City of Tampa to enforce a zoning ordinance requiring special use permits for adult entertainment businesses. The court affirms the injunction and rejects P.M.'s constitutional challenges, holding tha
• State v. Merlan Davis
  720 So. 2d 220· Fla.· 1998-10-22 ·cited 17×
  The Florida Supreme Court held that a qualified reporter's privilege applies to both confidential and nonconfidential information gathered during journalism, but clarified that the privilege does not apply to eyewitness observations or physical evidence of crimes. The court affir
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×·via Temporary Injunction
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• Widom v. Widom
  679 So. 2d 74· Fla. 4th DCA· 1996-09-11 ·cited 17×
  The court held that it had jurisdiction to review the entitlement to attorney's fees awarded in the final judgment, but not the amount determined in a subsequent order. It also held that the trial court erred in restricting the husband's use of certain bonds and in entering an in
• Taylor v. Honorable Patrick G. Kennedy
  649 So. 2d 270· Fla. 5th DCA· 1994-12-30 ·cited 17×·via Domestic Violence Injunction
  Petitioner Taylor sought a writ of prohibition to prevent the circuit court from exercising jurisdiction over a non-parent's claim for visitation rights with her child. The court granted the writ, holding that Florida courts lack inherent authority to award visitation to non-pare
• Grossman v. Greenberg
  619 So. 2d 406· Fla. 3d DCA· 1993-06-01 ·cited 17×
  General partners of a limited partnership brought suit against fellow general partners and others for breach of fiduciary duty and fraud related to an undisclosed real estate transaction scheme. The court affirmed the constructive trust and liability findings but reversed the dam
• Cronin v. United States Dep't OF Agric.
  919 F.2d 439· 7th Cir.· 1990-11-28 ·cited 17×·via Preliminary Injunction
  The court held that the Forest Service's decision to authorize group selection logging was permissible under the existing management plan and did not require a new environmental impact statement.
• Fla. Pub. Serv. Comm'n v. Bryson
  569 So. 2d 1253· Fla.· 1990-11-08 ·cited 17×
  The Florida Supreme Court held that circuit courts lack jurisdiction to enjoin or otherwise intervene in proceedings before the Public Service Commission (PSC) when the PSC has at least a colorable claim of jurisdiction over the subject matter. The PSC has exclusive authority to
• United Servs. Gen. Life Co. v. Bauer
  568 So. 2d 1321· Fla. 2d DCA· 1990-10-26 ·cited 17×·via Temporary Injunction
  A trial court has jurisdiction to determine whether a disputed document is part of the contract before compelling arbitration, especially when the dispute involves interstate commerce.
• Pollgreen v. Morris
  911 F.2d 527· 11th Cir.· 1990-09-07 ·cited 17×·via Permanent Injunction
  The court held that attorney's fees under the EAJA can be awarded for administrative proceedings intimately tied to a civil action, even if not adversarial adjudications. However, the doubling of the statutory hourly rate requires specific justification beyond general factors lik
• DOE v. Vill. OF Crestwood
  917 F.2d 1476· 7th Cir.· 1990-08-11 ·cited 17×
  The court held that the district court's finding that the Village sponsored the mass, thus violating the Establishment Clause, was not clearly erroneous, and the injunction against the mass was appealable.
• Metro. Life Ins. Co. & Jefferson-Pilot Life Ins. Co. v. RJR Nabisco
  906 F.2d 884· 2d Cir.· 1990-06-25 ·cited 17×·via Preliminary Injunction
  The court held that the district court erred in tolling the contractual cure periods, as this altered the unambiguous terms of the indentures and denied the lenders their bargained-for temporal limitations.
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd.
  563 So. 2d 103· Fla. 3d DCA· 1990-05-02 ·cited 17×·via Temporary Injunction
  A commercial tenant seeking to enjoin the breach of a restrictive covenant that protects parking or access to its leased premises need not prove irreparable harm; proof of the covenant violation is sufficient to obtain a temporary injunction.
• Beckman Instruments, Inc. v. LKB Produkter AB
  892 F.2d 1547· Fed. Cir.· 1989-12-13 ·cited 17×·via Permanent Injunction
  The court held that while the case was exceptional and attorney fees were awardable, the district court abused its discretion by awarding the full amount without considering the extent to which Beckman prevailed and the timing of LKB's misconduct. Expert witness fees are also awa
• Johnson Controls, Inc. v. Phoenix Control Sys., Inc.
  886 F.2d 1173· 9th Cir.· 1989-10-03 ·cited 17×·via Preliminary Injunction
  The court held that the district court did not err in granting a preliminary injunction for copyright infringement, as non-literal components of software can be protected expression and substantial similarity was sufficiently shown.
• Instant AIR Freight Co. v. C.F. AIR Freight, Inc.
  882 F.2d 797· 3d Cir.· 1989-08-17 ·cited 17×
  The dissenting judge believes the district court did not abuse its discretion in finding irreparable harm and that injunctive relief was warranted.
• Clayton v. Howard Johnson Franchise Sys., Inc.
  730 F. Supp. 1553· M.D. Fla.· 1988-07-27 ·cited 17×·via Preliminary Injunction
  The court held that the defendant was entitled to a preliminary injunction against the plaintiffs' use of 'HJ' and other marks, finding a strong likelihood of confusion and irreparable harm.
• Zola Klein v. The Royale Grp., Ltd.
  524 So. 2d 1061· Fla. 3d DCA· 1988-04-12 ·cited 17×·via Temporary Injunction
  Zola Klein sought to enforce a $225,000 promissory note against The Royale Group and Leonard Pelullo, who invoked Fifth Amendment privileges due to a federal grand jury investigation. The trial court stayed the action, and Klein appealed the trial court's denial of his motion to
• Korea Shipping Corp. v. NEW York Shipping Ass'n
  811 F.2d 124· 2d Cir.· 1987-02-04 ·cited 17×·via Preliminary Injunction
  The court held that an order compelling payment of pension contributions pending resolution of a dispute, issued under statutory authority, is not a preliminary injunction appealable as of right under 28 U.S.C. § 1292(a)(1) unless irreparable harm is shown.
• Cyclone Drilling, Inc. v. Kelley
  769 F.2d 662· 10th Cir.· 1985-08-02 ·cited 17×
  The court held that the district court's grant of summary judgment was premature because a material issue of fact remained regarding the IRS's "last known address" determination and the taxpayer was denied a full opportunity for discovery.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×·via Preliminary Injunction
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Si Handling Sys., Inc. v. Heisley
  753 F.2d 1244· 3d Cir.· 1985-02-04 ·cited 17×·via Preliminary Injunction
  The court did not issue a holding as this is a concurring opinion.
• Flynn v. Shultz
  748 F.2d 1186· 7th Cir.· 1984-11-30 ·cited 17×
  The court held that the plaintiffs' claims under the Hostage Act and for authorization of consular testimony were nonjusticiable political questions, as they required judicial interference with executive discretion in foreign affairs and lacked judicially manageable standards.
• S. Cent. Bell Tel. Co. v. La. Pub. Serv. Comm'n
  744 F.2d 1107· 5th Cir.· 1984-10-11 ·cited 17×·via Preliminary Injunction
  The court held that the district court acted within its authority in issuing a modified preliminary injunction requiring the Louisiana Public Service Commission to grant a telephone rate increase sufficient to cover federally mandated depreciation expenses.
• Am. Bell Inc. v. Fed'n of Tel. Workers of Pa.
  736 F.2d 879· 3d Cir.· 1984-06-06 ·cited 17×·via Preliminary Injunction
  The court held that equity requires treating AT&T and its subsidiaries as a single enterprise in the context of a court-ordered divestiture, thus binding a successor subsidiary to a collective bargaining agreement.
• Nat'l Org. for Women v. Soc. Sec. Admin. OF the Dep't OF Health & Human Servs.
  736 F.2d 727· D.C. Cir.· 1984-05-25 ·cited 17×·via Preliminary Injunction
  The court held that de novo review by the district court was inappropriate for an information submitter challenging an agency's decision to disclose records, and that the preliminary injunction was properly granted based on the administrative record.
• GTE Corp. v. Williams
  731 F.2d 676· 10th Cir.· 1984-04-06 ·cited 17×·via Preliminary Injunction
  Delay in seeking a preliminary injunction, when coupled with no specific harm beyond presumed confusion, is a significant factor that can justify denial of the injunction.
• Schmeck v. The SEA Oats Condo. Ass'n, Inc.
  441 So. 2d 1092· Fla. 5th DCA· 1983-10-27 ·cited 17×
  Unit owners in a condominium sued the developer for construction defects causing severe water damage to their units. The court affirmed the injunction requiring removal of storm shutters the owners installed without permission, but reversed the dismissal of their breach of warran
• Cobb Coin Co. v. Unidentified
  549 F. Supp. 540· S.D. Fla.· 1982-08-31 ·cited 17×·via Permanent Injunction
  The court held that the federal maritime law of salvage and finds governs claims to a shipwreck, superseding conflicting state statutes, and that the Eleventh Amendment does not bar an in rem admiralty action against abandoned property, even if the state claims an interest.
• Kamakazi Music Corp. v. Robbins Music Corp.
  684 F.2d 228· 2d Cir.· 1982-07-20 ·cited 17×·via Permanent Injunction
  The court held that the federal court had jurisdiction over a copyright infringement claim, even when a contract dispute was raised as a defense, and that an arbitrator could award attorney's fees under the Copyright Act.
• In re Arthur Treacher's Franchisee Litig. Magnesco Rests., Inc. v. Arthur Treacher's Fish & Chips, Inc.
  689 F.2d 1150· 3d Cir.· 1982-06-18 ·cited 17×·via Preliminary Injunction
  The court held that a temporary restraining order extended indefinitely by consent becomes appealable as a preliminary injunction, and that a civil contempt order arising from such an order is also appealable. The court affirmed the finding of contempt against Arthur Treacher's a
• Stevens v. Len-Hal Realty, Inc.
  403 So. 2d 507· Fla. 4th DCA· 1981-08-26 ·cited 17×
  In this mortgage foreclosure appeal, the court addressed whether res judicata bars relitigation of issues previously addressed in a declaratory judgment action. The court affirmed summary judgment on the appellants' counterclaim but reversed the foreclosure judgment, finding that
• Buffalo Forge Co. v. Ampco-Pittsburgh Corp.
  638 F.2d 568· 2d Cir.· 1981-02-02 ·cited 17×·via Preliminary Injunction
  The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate serious questions going to the merits or irreparable harm.
• Suntex Dairy v. Bergland
  591 F.2d 1063· 5th Cir.· 1979-03-22 ·cited 17×
  Milk producers have standing to seek judicial review of the substantive legality of federal milk marketing orders, but cannot invalidate an order based on a cooperative's violation of an antitrust injunction.