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

• Standard Dredging Corp. v. Henderson
  150 F.2d 78· 5th Cir.· 1945-06-19 ·cited 16×·via Interlocutory Injunction
  The court held that an award of death benefits must specify that payments are to continue only during dependency, and that the record lacked sufficient findings on the parents' dependency and its duration.
• Sec. & Exch. Comm'n v. Long Island Lighting Co.
  148 F.2d 252· 2d Cir.· 1945-02-23 ·cited 16×
  The court held that the Securities and Exchange Commission (SEC) has the authority and duty to revoke exemptions for holding companies when circumstances change, and that its actions to prevent a company from altering its capital structure pending a hearing were not premature.
• Walling v. Mid-Continent Pipe Line Co.
  143 F.2d 308· 10th Cir.· 1944-06-12 ·cited 16×·via Request For Injunction
  The trial court erred by dismissing the case without adjudicating coverage and injunctive relief, and the appellate court determined that the five welders were entitled to compensation for their return travel time.
• Carter v. Herrin Motor Freight Lines, Inc.
  131 F.2d 557· 5th Cir.· 1942-11-10 ·cited 16×·via Suit For Injunction
  The court held that the injunction was improperly granted because the plaintiff failed to demonstrate compliance with the Norris-LaGuardia Act's requirements regarding reasonable efforts to settle the labor dispute and the inability or unwillingness of local authorities to provid
• Freeman v. Altvater
  129 F.2d 494· 8th Cir.· 1942-07-15 ·cited 16×
  The court held that the accused dies did not infringe the reissue patent and that the license contract was terminated, affirming the dismissal of the complaint.
• M. Witmark & Sons v. Fred Fisher Music Co., Inc.
  125 F.2d 949· 2d Cir.· 1942-02-11 ·cited 16×
  A copyright holder may assign their expectancy of the renewal right, as the statute does not explicitly forbid such assignments.
• Nat'l Labor Relations Bd. v. Aladdin Indus., Inc.
  125 F.2d 377· 7th Cir.· 1942-01-16 ·cited 16×
• Hughes Tool Co. v. Owen
  123 F.2d 950· 5th Cir.· 1941-12-05 ·cited 16×
  Rebuilding worn teeth on patented drill bits constitutes infringing reconstruction, not permissible repair, regardless of whether the bits were sold or leased.
• The President of the United States v. Skeen
  118 F.2d 58· 5th Cir.· 1941-03-04 ·cited 16×·via Mandatory Injunction
  The suits were maintainable without alleging defendants were engaged in interstate commerce, as the Connally Act's enforcement requires investigation of all operators in the field.
• Lee v. Hector Supply Co.
  133 Fla. 95· Fla.· 1938-07-06 ·cited 16×
  The Florida Supreme Court reviewed a permanent injunction against collecting taxes under the Chain Store Act of 1935. The court partially reversed the lower court's decree, holding that certain wholesale and related transactions by Hector Supply Company and Hector Lumber & Supply
• City of Daytona Beach v. News-Journal Corp.
  116 Fla. 706· Fla.· 1934-09-28 ·cited 16×
  The Florida Supreme Court affirmed an injunction requiring the City of Daytona Beach to obtain competitive bids from all newspapers before awarding contracts for legal notice publication. The court held that the City Charter's requirement to pay "the best and lowest rate offered"
• Nelson v. Tropical Land Co.
  93 Fla. 203· Fla.· 1927-01-31 ·cited 16×
  Nelson sought receivership, accounting, and injunction against Tropical Land Company and its directors. Florida and Cape Cod Realty Company petitioned to intervene as a party defendant based on advancing funds and holding an assigned contract. The Florida Supreme Court affirmed t
• Berry v. Cary A. Hardee
  83 Fla. 531· Fla.· 1922-04-14 ·cited 16×
  Berry challenged the constitutionality of Florida's Everglades Drainage District Acts, seeking annulment and injunctive relief against their enforcement. The Florida Supreme Court affirmed the lower court's dismissal, holding that legislative assessments for drainage purposes are
• Langford v. Odom
  77 Fla. 282· Fla.· 1919-03-22 ·cited 16×
  The Florida Supreme Court reversed the dissolution of an injunction preventing the Lee County Board of Public Instruction from purchasing real estate for school purposes without following statutory procedures. The Court held that Section 324 of the General Statutes prescribes the
• Burr v. Hull
  66 Fla. 20· Fla.· 1913-06-25 ·cited 16×
  This case involves an appeal concerning a cross-bill filed by defendants. The appellate court reversed the lower court's denial of a motion to strike the cross-bill, finding that the matters raised had already been adjudicated and were therefore improperly presented.
• The Fla. Cent. & Peninsular R.R. Co. v. Williams
  45 Fla. 295· Fla.· 1903-01-01 ·cited 16×·via Temporary Injunction
  The Florida Supreme Court dismissed an appeal from a contempt order, holding that no appeal lies from a Circuit Court order imposing a fine for violating an injunction. The court clarified that contempt orders are not reviewable on appeal except by habeas corpus for jurisdictiona
• Stonewall Phosphate Co. v. Peyton
  39 Fla. 726· Fla.· 1897-06-01 ·cited 16×
  Stonewall Phosphate Company challenged an injunction preventing it from mining phosphate on disputed land. The Florida Supreme Court held that when actual field surveys establish boundary markers, those physical boundaries control over the equal division method used by land offic
• Gamble v. Hamilton
  31 Fla. 401· Fla.· 1893-01-01 ·cited 16×·via Suit For Injunction
  In this 1893 Florida case, the executor of L. B. Branch's estate appealed a decree voiding a tax deed obtained by Branch in 1875. The court held that Branch, acting as Howse's agent for tax payment, committed fraud by purchasing land at a tax sale without Howse's knowledge, but t
• McMichael v. Eckman & Vestburg
  26 Fla. 43· Fla.· 1890-01-01 ·cited 16×
  A Florida Supreme Court case addressing the reinstatement of an injunction through supersedeas during an appeal and the adequacy of the bond required to maintain the supersedeas. The court held that a supersedeas operates to reinstate an injunction and that the bond must fully co
• Smith v. Davis
  22 Fla. 405· Fla.· 1886-06-01 ·cited 16×·via Action For Injunction
  Isaac Smith sought an injunction to prevent the sheriff from selling his bay mare under executions, claiming Davis had misapplied his payments and was improperly enforcing multiple judgments against him. The Florida Supreme Court affirmed the trial court's denial of the injunctio
• Lewton v. Hower
  18 Fla. 872· Fla.· 1882-01-01 ·cited 16×·via Preliminary Injunction
  Hower sought to enjoin the sheriff from selling his homestead property under execution on a judgment obtained by Lewton. The Florida Supreme Court held that land acquired as a federal homestead is exempt from forced sale to satisfy debts incurred before the patent issued, and tha
• Marvin v. George W. Hampton and Wife
  18 Fla. 131· Fla.· 1881-01-01 ·cited 16×
  William P. Marvin sought to foreclose a mortgage on land held by George W. and Susan A. E. Hampton, who claimed a superior equitable interest derived from an ancestor's estate. The Florida Supreme Court reversed the lower court's injunction against foreclosure, holding that the p
• U.S. Commodity Futures Trading Commissioner v. Escobio
  946 F.3d 1242· 11th Cir.· 2020-01-06 ·cited 15×
  The Eleventh Circuit held that a district court cannot use its civil contempt power to enforce a money judgment, including restitution orders, which are instead governed by the Federal Debt Collection Procedures Act.
• Goyard St-Honore v. The Individuals
  S.D. Fla.· 2020-01-02 ·cited 15×·via Permanent Injunction
  The court granted the plaintiff's motion for default judgment, awarding statutory damages and permanent injunctive relief against defendants for trademark infringement and counterfeiting.
• Regalado Lopez v. Regalado
  257 So. 3d 550· Fla. 3d DCA· 2018-10-10 ·cited 15×·via Domestic Violence Injunction
  A domestic violence injunction is properly issued when the petitioner establishes a reasonable cause to believe she faces imminent danger of domestic violence, considering current allegations, parties' behavior within the relationship, and the relationship's history as a whole. A
• Planned Parenthood OF Greater Orlando, Inc. v. MMB Props.
  211 So. 3d 918· Fla.· 2017-02-23 ·cited 15×·via Temporary Injunction
  The Florida Supreme Court held that a trial court abuses its discretion by requiring a party to demonstrate changed circumstances as a threshold requirement before modifying or dissolving a temporary injunction when clear legal error or misapprehension of facts is shown. The Cour
• Brinkmann v. Tyron Francois
  184 So. 3d 504· Fla.· 2016-02-04 ·cited 15×
  The Florida Supreme Court affirmed the Fourth District's decision invalidating section 99.0615, which imposed a residency requirement for write-in candidates at the time of qualification. The Court held that the statute unconstitutionally imposed an additional qualification beyon
• Sammie Horowitz v. Horowitz
  160 So. 3d 530· Fla. 2d DCA· 2015-04-01 ·cited 15×·via Domestic Violence Injunction
  Sammie Horowitz appeals a final judgment granting an injunction for protection against domestic violence issued to his estranged wife, Maureen P. Horowitz. The court reverses, finding insufficient competent, substantial evidence that Mrs. Horowitz was either a victim of domestic
• City OF Miami Beach v. Kuoni Destination Mgmt., Inc.
  81 So. 3d 530· Fla. 3d DCA· 2012-02-08 ·cited 15×
  The City of Miami Beach appealed a temporary injunction preventing it from closing a private birthday party at a residential property, claiming the event violated the city's commercial use ordinance. The appellate court found the issue moot because the party had already occurred
• Trg-Brickell Point NE, Ltd v. Michael and Marsha Wajsblat
  34 So. 3d 53· Fla. 3d DCA· 2010-03-10 ·cited 15×·via Mandatory Injunction
  The appellate court held that the trial court erred in granting a motion for release of escrow funds without sworn evidence and before the defendants had answered the complaint.
• Browning v. Fla. Hometown Democracy, Inc.
  29 So. 3d 1053· Fla.· 2010-02-18 ·cited 15×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down Florida's signature-revocation provisions for initiative petitions as unconstitutional. The court held that these provisions, which allowed opponents to conduct campaigns persuading pet
• In re Guardianship OF Bertha Shell v. Gregory M. McCoskey as court-appointed Guardian Ad Litem for Bertha Shell
  978 So. 2d 885· Fla. 2d DCA· 2008-04-18 ·cited 15×
  Lutheran Services Florida, Inc., as guardian of an incapacitated woman, appealed a probate court order reducing its requested guardian's fees and denying its request for an injunction against the Elder Justice Center (EJC), a court program that audits guardian fee petitions. The
• Inter-Active Servs., Inc. v. Heathrow Master Ass'n, Inc.
  809 So. 2d 900· Fla. 5th DCA· 2002-03-15 ·cited 15×
  Inter-Active Services appealed a summary judgment dismissing its breach of contract damages claim against Heathrow Master Association, arguing the claim was barred by res judicata and compulsory counterclaim rules. The Florida appellate court reversed, holding that the damages cl
• Moore v. Hall
  786 So. 2d 1264· Fla. 2d DCA· 2001-06-15 ·cited 15×·via Domestic Violence Injunction
  The court held that a single, isolated comment made in frustration, not directly to the petitioner and not intended as a threat, is insufficient to establish reasonable cause to believe the petitioner is in imminent danger of domestic violence.
• Whetstone v. State
  778 So. 2d 338· Fla. 1st DCA· 2000-12-29 ·cited 15×·via Domestic Violence Injunction
  David Whetstone appeals his convictions for armed burglary with intent to commit assault or battery and attempted second-degree murder. The court reverses the burglary conviction, finding that Whetstone and his wife were co-tenants of the leased premises and therefore he could no
• Siegel v. LePore
  120 F. Supp. 2d 1041· S.D. Fla.· 2000-11-13 ·cited 15×·via Preliminary Injunction
  Federal courts should not intervene preliminarily in state election procedures, as the state's interest in conducting its elections and the potential for federal overreach outweigh the plaintiffs' speculative claims of injury from manual recounts.
• OCÉ Printing Sys. USA, Inc. v. Mailers Data Servs., Inc.
  760 So. 2d 1037· Fla. 2d DCA· 2000-06-16 ·cited 15×
  The Florida District Court of Appeal reversed the trial court's certification of three nationwide antitrust and unfair trade practice classes against sellers and servicers of ultra-high speed printers. The court held that Florida's Antitrust Act and Unfair Trade Act limit claims
• Russell v. Hogan
  738 So. 2d 1003· Fla. 2d DCA· 1999-07-30 ·cited 15×
  The court held that the trial court erred in entering an injunction for protection against repeat violence because the evidence presented did not establish the required two incidents of violence.
• Sec. & Exch. Comm'n v. Friendly Power Co.
  49 F. Supp. 2d 1363· S.D. Fla.· 1999-05-12 ·cited 15×·via Permanent Injunction
  The court held that partnership units sold to investors constituted unregistered securities, and the Levines were liable for offering and selling them in interstate commerce.
• Cleary v. Maria Tereza de Castelo Branco Ferreira Cleary
  711 So. 2d 1302· Fla. 2d DCA· 1998-05-29 ·cited 15×·via Domestic Violence Injunction
  Robert Cleary appealed a domestic violence injunction entered against him, arguing his wife lacked reasonable cause to believe she might become a victim of domestic violence and sought the injunction merely for tactical advantage in a pending divorce. The appellate court affirmed
• Krischer v. Cecil McIVER, M.D.
  697 So. 2d 97· Fla.· 1997-07-17 ·cited 15×
  The Florida Supreme Court reversed a trial court decision that had struck down Florida's assisted suicide statute (§ 782.08) as unconstitutional under the Florida Privacy Clause and federal Equal Protection Clause. The court held that the state has compelling interests in preserv
• State v. Suarez-Mesa
  662 So. 2d 735· Fla. 2d DCA· 1995-11-01 ·cited 15×·via Domestic Violence Injunction
  A person restrained by court order from entering a property, even if they have a legal interest in it, can be charged with burglary if they enter with the intent to commit a crime.
• Barry Cook Ford, Inc. v. Ford Motor Co.
  616 So. 2d 512· Fla. 1st DCA· 1993-03-18 ·cited 15×
  Barry Cook Ford challenged a summary judgment upholding Ford Motor Company's termination of their franchise agreement based on alleged misconduct of the dealer itself. The appellate court affirmed the lower court's judgment, holding that the franchise agreement unambiguously perm
• State v. H.G. Leavins, Jr.
  599 So. 2d 1326· Fla. 1st DCA· 1992-05-11 ·cited 15×
  The Florida First District Court of Appeal upheld a trial court's decision striking down two 1989 state laws as unconstitutional for impairing oyster leaseholders' contractual rights and other constitutional defects. The court found that Chapter 89-432 violated the Contract Claus
• Duke v. Cleland
  954 F.2d 1526· 11th Cir.· 1992-02-11 ·cited 15×·via Preliminary Injunction
  The appellate court affirmed the district court's denial of a preliminary injunction, holding that the appellants were unlikely to succeed on the merits of their claim that the exclusion of David Duke from the Republican presidential preference primary ballot violated their First
• U.S. Mfg. & Galvanizing Corp. v. Renfrow
  592 So. 2d 1216· Fla. 3d DCA· 1992-01-28 ·cited 15×·via Overbroad Injunction
  USMGC appealed the denial of dissolution of a temporary injunction that closed its facility and required removal of hazardous waste. The court affirmed, holding that the trial court did not abuse its discretion in maintaining the injunction despite evidence of hazardous waste rem
• Associated Gen. Contractors OF Cal., Inc. v. Coal. FOR Econ. Equity
  950 F.2d 1401· 9th Cir.· 1991-12-06 ·cited 15×·via Preliminary Injunction
  The court held that the district court properly denied AGCC's request for preliminary injunctive relief because AGCC failed to demonstrate a substantial likelihood of success on the merits and a possibility of irreparable harm.
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×·via Permanent Injunction
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Nutrition 21 v. The United States
  930 F.2d 867· Fed. Cir.· 1991-03-29 ·cited 15×·via Preliminary Injunction
  The court held that the district court erred by failing to set forth adequate findings of fact to support the preliminary injunction, necessitating its vacation.
• Opticians Ass'n OF Am. v. Indep. Opticians OF Am.
  920 F.2d 187· 3d Cir.· 1990-11-29 ·cited 15×·via Preliminary Injunction
  The court held that the district court erred in denying a preliminary injunction because the trademark registrations were incontestable and the defendant failed to present a valid defense, thus the plaintiff was likely to succeed on the merits and suffer irreparable harm.