Injunction

5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dade Cnty. Classroom Teachers' Ass'n, Inc. v. Ryan
  225 So. 2d 903· Fla.· 1969-07-09 ·cited 64×
  The Florida Supreme Court held that public employees, including teachers, have a constitutional right to collective bargaining under the 1968 Florida Constitution, but only with the consent of the employees being represented and without the right to strike. The Court reversed in
• Collins Inv. Co. v. Metro. Dade Cnty.
  164 So. 2d 806· Fla.· 1964-02-19 ·cited 64×
  Collins Investment Company challenged an excessive ad valorem tax assessment and sought an injunction without depositing the legally-due portion of taxes beforehand. The Florida Supreme Court held that the statutory requirement to tender legally-due taxes is a condition to granti
• Nat'l Labor Relations Bd. v. Cambria Clay Prods. Co.
  215 F.2d 48· 6th Cir.· 1954-07-07 ·cited 64×·via Injunctive Order
  The court held that while some employee discharges and strike-related issues were supported by evidence of unfair labor practices, the company did not refuse to bargain in good faith, and further evidence was needed regarding contempt findings for certain employees.
• Viser v. Willard
  60 Fla. 395· Fla.· 1910-06-01 ·cited 64×
  A property owner sought equitable relief, including injunction and damages, for flooding caused by defendants' drainage ditches on adjacent land. The Florida Supreme Court affirmed the trial court's dismissal of the bill of complaint, finding no abuse of discretion in denying the
• Cason v. Fla. Dep't OF Mgmt. Servs.
  944 So. 2d 306· Fla.· 2006-11-16 ·cited 63×
  The Florida Supreme Court held that the State is not subject to the 60-day jurisdictional filing requirement in section 194.171 when challenging ad valorem tax assessments on property it owns and claims is immune from taxation. Because the State is not a 'taxpayer' under the stat
• Thompson Med. Co., Inc. v. Pfizer Inc.
  753 F.2d 208· 2d Cir.· 1985-01-11 ·cited 63×·via Preliminary Injunction
  The court held that the district court erred by granting a preliminary injunction based solely on mark similarity and priority of use, without fully analyzing the mark's protectability and likelihood of confusion factors.
• Sierra On-Line, Inc. v. Phoenix Software, Inc.
  739 F.2d 1415· 9th Cir.· 1984-08-07 ·cited 63×·via Preliminary Injunction
  The court held that Phoenix's motion for reconsideration tolled the time for appeal, allowing review of the preliminary injunction, which was affirmed. The appeal from the denial of summary judgment was dismissed.
• Atari, Inc. v. N. Am. Philips Consumer Elecs. Corp.
  672 F.2d 607· 7th Cir.· 1982-03-02 ·cited 63×·via Preliminary Injunction
  The court held that the defendant's K. C. Munchkin appropriated protectable expression from the plaintiff's PAC-MAN audiovisual work, specifically its characters, warranting reversal of the denial of a preliminary injunction.
• Dep't OF Revenue OF Fla. v. Young Am. Builders
  330 So. 2d 864· Fla. 1st DCA· 1976-04-02 ·cited 63×
  The Department of Revenue challenged a circuit court's denial of its motion to dismiss an action by Young American Builders seeking judicial review of a state tax rule on constitutional grounds. The court held that constitutional challenges to administrative rules are not subject
• Penn v. SAN Juan Hosp., Inc.
  528 F.2d 1181· 10th Cir.· 1975-12-31 ·cited 63×·via Permanent Injunction
  The court held that the trial court erred in dismissing the permanent injunction claim without proper notice and consolidation, and in denying class action status based on unpersuasive reasoning.
• Boire v. The Miami Herald Publ'g Co.
  343 F.2d 17· 5th Cir.· 1965-03-11 ·cited 63×·via Preliminary Injunction
  The court held that the district court improperly exercised its equity powers by enjoining the representation election proceedings, as the alleged statutory violation was not sufficiently manifest to overcome the strong congressional policy against interfering with such matters.
• Hartnett v. Austin
  93 So. 2d 86· Fla.· 1956-12-05 ·cited 63×
  The Florida Supreme Court affirmed that a zoning ordinance making a residential-to-commercial rezoning contingent upon future execution of a private contract between the city and the property owner is invalid. The court held that municipalities cannot condition zoning amendments
• McRAE v. Robbins
  151 Fla. 109· Fla.· 1942-07-10 ·cited 63×
  The Florida Supreme Court upheld the constitutionality of a 1941 statute authorizing the Barbers' Sanitary Commission to fix minimum prices and hours for barber shops, but reversed the lower court's dismissal of a challenge to the specific price and hour schedule promulgated by t
• Ranger Realty Co. v. Miller
  102 Fla. 378· Fla.· 1931-07-07 ·cited 63×
  The Florida Supreme Court reversed a lower court decision that allowed a taxpayer suit challenging the City of Fort Lauderdale's sale of tax certificates at a 25% discount. The Court held that municipalities have the incidental power to sell past-due tax certificates for less tha
• Zetrouer v. Zetrouer
  89 Fla. 253· Fla.· 1925-03-16 ·cited 63×·via Prohibitory Injunction
  This case concerns a mandatory injunction granted to compel a landowner to remove fences obstructing a road. The appellate court affirmed the injunction, finding sufficient evidence of a prescriptive easement and irreparable harm to the complainant.
• C.S. and J.S. v. S.H. and K.H.
  671 So. 2d 260· Fla. 4th DCA· 1996-04-10 ·cited 62×·via Dissolution Of Injunction
  Biological relatives appealed a trial court's final judgment awarding adoption of a three-year-old child to foster parents, rather than to the relatives whom HRS had selected as adoptive parents. The court reversed, holding that trial courts lack authority to interfere with HRS's
• Howard Johnson Co., Inc. v. Khimani
  892 F.2d 1512· 11th Cir.· 1990-01-29 ·cited 62×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in finding the defendants in civil contempt for violating the preliminary injunction by using the name "H.J. Inns" and in imposing sanctions.
• Firestone v. News-Press Publ'g Co., Inc.
  538 So. 2d 457· Fla.· 1989-02-02 ·cited 62×
  The Florida Supreme Court reviewed a district court decision striking down a statute prohibiting nonvoters from being within 50 feet of polling places. The Court held that while the statute is unconstitutionally overbroad as applied to the 50-foot zone outside polling rooms (whic
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×·via Preliminary Injunction
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• United States v. State OF Or.
  657 F.2d 1009· 9th Cir.· 1981-09-10 ·cited 62×
  Indian tribes may consent to suit without explicit Congressional authority, and the Yakima Tribe's intervention and agreement to submit disputes to federal court constituted such consent, waiving their sovereign immunity.
• Rennie v. Klein
  653 F.2d 836· 3d Cir.· 1981-07-09 ·cited 62×·via Preliminary Injunction
  The court held that the 'substantial departure from accepted professional judgment' standard governs a patient's constitutional right to refuse antipsychotic medication.
• Ruiz v. Estelle
  650 F.2d 555· 5th Cir.· 1981-06-26 ·cited 62×
  The court held that a movant seeking a stay pending appeal need not always show a probability of success on the merits, but rather a substantial case when a serious legal question is involved and the balance of equities favors the stay.
• Contemporary Interiors, Inc. v. Four Marks, Inc.
  384 So. 2d 734· Fla. 4th DCA· 1980-06-11 ·cited 62×·via Temporary Injunction
  Contemporary Interiors appealed a trial court's grant of a temporary injunction that prohibited it from selling flooring in a shopping center. The Fourth District Court of Appeal reversed, finding that the plaintiff failed to prove the necessary elements for obtaining this extrao
• FOX Valley Harvestore, Inc. v. A. O. Smith Harvestore Prods., Inc.
  545 F.2d 1096· 7th Cir.· 1976-12-07 ·cited 62×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate an inadequate remedy at law.
• Charles River Park "A", Inc. v. The Dep't OF Hous. & Urban Dev.
  519 F.2d 935· D.C. Cir.· 1975-03-10 ·cited 62×
  The court held that the record was inadequate to determine if financial information submitted to HUD was confidential and thus exempt from disclosure under FOIA, and that further proceedings, including an evidentiary hearing, were necessary to resolve factual and legal issues reg
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Chappell & Co., Inc. v. Frankel
  367 F.2d 197· 2d Cir.· 1966-10-13 ·cited 62×
  An order denying a motion for summary judgment seeking a permanent injunction is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Marshfield Steel Co. v. Nat'l Labor Relations Bd.
  324 F.2d 333· 8th Cir.· 1963-11-20 ·cited 62×·via Scope Of Injunctions
  The National Labor Relations Board's findings of unfair labor practices and its order, including the award of interest on back pay and the scope of the cease and desist order, were supported by substantial evidence and within its statutory authority.
• Boyd Leedom v. Int'l Bhd. OF Elec. Workers, Local Union NO. 108, AFL-CIO
  278 F.2d 237· D.C. Cir.· 1960-03-24 ·cited 62×
  The court held that the National Labor Relations Board's retroactive application of its revised contract bar rule did not violate due process, and that the district court lacked jurisdiction to review the Board's procedural decisions regarding election ballots.
• The Standard OIL Co. v. Standard OIL Co.
  252 F.2d 65· 10th Cir.· 1958-01-15 ·cited 62×
  The court held that the defendant's use of the trade-name 'Sohio' in the plaintiff's marketing territory constituted unfair competition and infringement of the plaintiff's trade-marks and trade-names.
• Crow v. The Oglala Sioux Tribe OF the Pine Ridge Reservation
  231 F.2d 89· 8th Cir.· 1956-03-06 ·cited 62×
  Indian tribes retain inherent sovereignty except where specifically removed by treaty or Congressional Act, and their tribal courts have jurisdiction over matters not federalized. Granting citizenship to Indians does not extinguish tribal existence or the jurisdiction of tribal c
• Schwartz v. Zaconick
  68 So. 2d 173· Fla.· 1953-06-19 ·cited 62×
  Schwartz sought to foreclose a mortgage on a note executed by the Zaconicks to settle a prior jewelry claim. The Zaconicks defended by asserting a contemporaneous oral agreement that interest would not be due unless the property was sold to third parties. The Florida Supreme Cour
• Philbrick v. City of Miami Beach
  147 Fla. 538· Fla.· 1941-06-20 ·cited 62×
  The Florida Supreme Court upheld an injunction prohibiting W. L. Philbrick and his funeral business from operating a funeral home in a residential district of Miami Beach in violation of the city's zoning ordinance. The court held that a municipality may seek injunctive relief to
• City of Lakeland v. Amos
  106 Fla. 873· Fla.· 1932-10-01 ·cited 62×
  The Florida Supreme Court upheld a state tax on all corporations receiving payment for electricity, concluding that municipal corporations engaged in the business of selling electricity are included within the statute's scope and may constitutionally be taxed on their proprietary
• Doyle E. Carlton v. Mathews
  103 Fla. 301· Fla.· 1931-10-28 ·cited 62×·via Suit For Injunction
  The Florida Supreme Court upheld the constitutionality of House Bill 65X (Chapter 15659, Acts of 1931), which levied a "Second Gas Tax" on gasoline and petroleum products. The court rejected a taxpayer's challenge claiming the tax was an unconstitutional attempt to use state reve
• Farish Carter v. Archibald T. Bennett
  6 Fla. 214· Fla.· 1855-01-01 ·cited 62×
  In this equity case, the Supreme Court of Florida reversed the lower court's dissolution of an injunction in a complex dispute involving the sale of enslaved persons, mortgages, and multiple lawsuits. The court determined that sufficient equity existed to maintain the suit in cha
• Love v. United States
  871 F.2d 1488· 9th Cir.· 1989-04-06 ·cited 61×·via Preliminary Injunction
  The court held that the Loves' claims for conversion and breach of the implied covenant of good faith and fair dealing are cognizable under the FTCA, and their claim against individual officials for denial of due process is a valid Bivens claim.
• Piper Aircraft Corp. v. Wag-Aero, Inc.
  741 F.2d 925· 7th Cir.· 1984-08-03 ·cited 61×·via Permanent Injunction
  The court stated that the standard of review for a determination of laches, particularly in intellectual property cases, should be 'clearly erroneous,' not 'abuse of discretion.'
• Laker Airways Ltd. v. Sabena
  731 F.2d 909· D.C. Cir.· 1984-03-06 ·cited 61×
• Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch
  374 So. 2d 54· Fla. 3d DCA· 1979-07-17 ·cited 61×·via Temporary Injunction
  The court held that a contingent and disputed claim for money damages is insufficient to establish the clear legal right required for injunctive relief.
• Sardino v. The Fed. Reserve Bank OF NEW York & the Sec'y of the Treas. of the United States
  361 F.2d 106· 2d Cir.· 1966-04-22 ·cited 61×·via Mandatory Injunction
  The court held that the Cuban Assets Control Regulations, issued under the Trading with the Enemy Act, were a valid exercise of presidential and congressional power, and did not violate the Fifth Amendment as applied to a non-resident alien's bank account.
• Crutchfield v. F. A. Sebring Realty Co.
  69 So. 2d 328· Fla.· 1954-01-08 ·cited 61×
  The Florida Supreme Court affirmed a permanent injunction preventing property owners from operating irrigation pumps across easement strips to extract water from a private lake owned by another. The court held that even if an easement existed for accessing the lake, it could not
• Tex. Co. v. Town of Miami Springs
  44 So.2d 808· Fla.· 1950-03-03 ·cited 61×
  The Supreme Court of Florida held that a town was estopped from enforcing a zoning ordinance against a gas station developer. The court found the town had previously granted permits and assured the developer that no such ordinance existed, leading the developer to purchase land a
• The City of Sarasota v. Skillin
  130 Fla. 724· Fla.· 1937-07-19 ·cited 61×
  The Florida Supreme Court upheld an injunction preventing the City of Sarasota from collecting municipal taxes on lands that were improperly incorporated into the city. The court held that property owners may challenge municipal incorporation through an equity suit for injunction
• The First Nat'l Bank of Arcadia v. Savarese
  101 Fla. 480· Fla.· 1931-05-06 ·cited 61×
  The Florida Supreme Court held that a judgment creditor cannot satisfy a judgment against a debtor out of property held by the debtor under a resulting trust for another person, unless the creditor can show it extended credit in reliance on the debtor's record title. Here, Nellie
• Stormy Clime Ltd. v. Progroup, Inc.
  809 F.2d 971· 2d Cir.· 1987-01-23 ·cited 60×·via Preliminary Injunction
  The court held that the district court incompletely applied the legal standard for the functionality defense in a trade dress infringement case, warranting vacatur of the preliminary injunction.
• Apple Barrel Prods., Inc. v. R.D. Beard
  730 F.2d 384· 5th Cir.· 1984-04-23 ·cited 60×·via Preliminary Injunction
  The court held that while the district court may have erred in its analysis of copyright infringement and misappropriation claims, the denial of the preliminary injunction is affirmed because the plaintiffs failed to demonstrate that the threatened injury to them outweighed the p
• Se. Alaska Conservation Council, Inc. v. Watson
  697 F.2d 1305· 9th Cir.· 1983-01-31 ·cited 60×·via Action For Injunction
  The court held that ANILCA subsection 503(h)(3) requires an Environmental Impact Statement (EIS) for bulk sampling activities, and that the proposed 1980-83 amendment activities constitute bulk sampling, thus requiring an EIS before Forest Service authorization.
• Monahan v. State OF Neb.
  645 F.2d 592· 8th Cir.· 1981-04-01 ·cited 60×·via Preliminary Injunction
  The court held that while a preliminary injunction was warranted for Rose due to potential conflict between state and federal law, the ordered second hearing was vacated due to changed circumstances, and Monahan was not entitled to preliminary relief as he failed to show irrepara
• Treasure Salvors, Inc. v. The Unidentified Wrecked & Abandoned Sailing Vessel
  640 F.2d 560· 5th Cir.· 1981-03-09 ·cited 60×·via Preliminary Injunction
  The court affirmed the preliminary injunction but modified it to expire within 90 days, finding that while the district court likely did not err in granting the injunction, the record deficiencies and potential overbreadth warranted modification.