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

• Pasco Cnty. v. Quail Hollow Props., Inc.
  693 So. 2d 82· Fla. 2d DCA· 1997-05-02 ·cited 11×
  A motion to dismiss for failure to prosecute filed by an attorney who has not yet filed a notice of appearance is a nullity.
• Duryea v. Slater
  677 So. 2d 79· Fla. 2d DCA· 1996-07-19 ·cited 11×
  Dan Duryea appeals a temporary injunction that removed a hold he placed on a law firm's checking account and prevented his access to the account. The court reverses, finding the trial court failed to adequately prove the four required criteria for granting an extraordinary tempor
• Blackwood v. Anderson
  664 So. 2d 37· Fla. 5th DCA· 1995-12-01 ·cited 11×·via Ex Parte Injunction
  The trial judge lacked jurisdiction to transfer custody or enter a domestic violence injunction against the mother because paternity was not properly established and statutory requirements for injunctions were not met.
• Laboratorios Roldan v. Tex Int'l, Inc.
  902 F. Supp. 1555· S.D. Fla.· 1995-09-19 ·cited 11×·via Preliminary Injunction
  The court held that the plaintiff is entitled to a preliminary injunction because it has shown a substantial likelihood of prevailing on its Lanham Act claim due to the defendants' confusingly similar trade dress and trademark use.
• Metro. Dade Cnty. v. O'Brien
  660 So. 2d 364· Fla. 3d DCA· 1995-09-13 ·cited 11×
  The trial court abused its discretion by denying a temporary injunction to enforce county ordinances, as the government is presumed to suffer irreparable harm when seeking to enforce its police power.
• Greene v. Cal. Fed. Bank
  658 So. 2d 1027· Fla. 4th DCA· 1995-02-15 ·cited 11×
  A Florida appellate court addresses the proper procedure for reviewing a trial court's denial of a motion to stay foreclosure proceedings. The court clarifies that orders denying stays are not appealable as non-final orders under Rule 9.130 and dismisses the appeal.
• Sylvio Tabet v. Tabet
  644 So. 2d 557· Fla. 3d DCA· 1994-10-12 ·cited 11×·via Temporary Injunction
  A judgment creditor sought to enforce a California divorce judgment against his ex-wife's property interest in Florida real estate titled to a German entity. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that a judgment deb
• Rosasco v. Rosasco
  641 So. 2d 493· Fla. 1st DCA· 1994-08-22 ·cited 11×
  In a dissolution of marriage case, the trial court ordered the husband to escrow $51,000 in proceeds from a land sale to secure payment of the wife's attorney's fees pending resolution of the fee dispute. The appellate court reversed, holding that the escrow order constituted an
• Sega Enters. Ltd. v. Accolade, Inc.
  977 F.2d 1510· 9th Cir.· 1992-10-20 ·cited 11×·via Preliminary Injunction
  Disassembly of copyrighted computer object code is a fair use if it's the only means to access unprotected elements and the copier has a legitimate reason. A computer manufacturer's use of a security system that displays its trademark upon cartridge insertion does not violate the
• Atari Games Corp. & Tengen, Inc. v. Nintendo OF Am. Inc.
  975 F.2d 832· Fed. Cir.· 1992-09-10 ·cited 11×·via Preliminary Injunction
  The court affirmed the preliminary injunction, finding Nintendo likely to succeed on its copyright infringement claim for unauthorized copying of its IONES program.
• Dade Cnty. v. Matheson
  605 So. 2d 469· Fla. 3d DCA· 1992-07-21 ·cited 11×
  Dade County appeals a trial court injunction prohibiting construction of a tennis stadium at Crandon Park, arguing that the stadium's permissibility was already decided in a prior appellate case (White v. Metropolitan Dade County). The court reverses, holding that the prior White
• White Sands, Inc. v. SEA Club V. Condo. Ass'n, Inc.
  591 So. 2d 286· Fla. 2d DCA· 1991-12-06 ·cited 11×
  The court held that while the trial court correctly followed the appellate mandate by not including an injunction in the amended judgment, the appellate court can reconsider the injunction claim due to manifest injustice and the trial court's prior denial on mootness grounds.
• Sandoz Pharms. Corp. v. Richardson-Vicks, Inc.
  902 F.2d 222· 3d Cir.· 1990-04-24 ·cited 11×·via Preliminary Injunction
  A Lanham Act plaintiff must prove that advertising claims are literally false or misleading to the public, not merely that they are inadequately substantiated under FDA guidelines.
• Atari Games Corp. & Tengen, Inc. v. Nintendo OF Am., Inc.
  897 F.2d 1572· Fed. Cir.· 1990-03-07 ·cited 11×·via Preliminary Injunction
  The court held that the district court abused its discretion by granting a preliminary injunction without sufficient factual findings and a proper legal basis.
• DOE v. The City OF Butler
  892 F.2d 315· 3d Cir.· 1989-12-29 ·cited 11×·via Preliminary Injunction
  The court held that the transitional dwelling provisions of the City of Butler zoning ordinance do not violate plaintiffs’ due process rights, freedom of association, or the sex discrimination prohibition of The Fair Housing Act. However, the case is remanded for further consider
• SEA Containers Ltd. v. Stena AB
  890 F.2d 1205· D.C. Cir.· 1989-12-01 ·cited 11×·via Anti-Suit Injunction
  The court held that the district court erred in granting a preliminary injunction against Stena's tender offer, as it lacked a legal basis, and that Stena failed to demonstrate sufficient irreparable harm to warrant a preliminary injunction requiring further disclosures under the
• Salim Tabsch v. Nojaim
  548 So. 2d 851· Fla. 3d DCA· 1989-09-12 ·cited 11×·via Injunction Bond
  The court held that while an injunction was appropriate, the trial court erred in not allowing sufficient funds for corporate obligations and in failing to require an injunction bond.
• Parham v. Erwin K. Reddick and Marjorie Reddick
  537 So. 2d 132· Fla. 1st DCA· 1988-12-29 ·cited 11×
  Landowners Robert and Jo Ann Parham appealed a summary judgment denying their trespass damages claim against neighbors who allegedly crossed their property. The appellees (Reddick and McQuinney) counterclaimed for attorney's fees. The court reversed the summary judgment, holding
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×·via Mandatory Injunction
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• In re Heritage Vill. Church & Missionary Fellowship, Inc. v. United States
  851 F.2d 104· 4th Cir.· 1988-04-20 ·cited 11×·via Preliminary Injunction
  The court held that the bankruptcy court lacked the authority to issue a preliminary injunction restraining the IRS from revoking the debtor's tax-exempt status due to the Anti-Injunction Act.
• Latch v. United States
  842 F.2d 1031· 9th Cir.· 1988-03-22 ·cited 11×
  The district court lacked subject matter jurisdiction over the underlying tax dispute, and therefore had no authority to award attorney's fees and costs under 26 U.S.C. § 7430.
• Mid-Florida AT Eustis v. Griffin
  521 So. 2d 357· Fla. 5th DCA· 1988-03-10 ·cited 11×·via Temporary Injunction
  Mid-Florida appeals from a temporary injunction requiring it to remove a fence and dirt barrier on its airport property and maintain aircraft access to Griffin's leased properties. The appellate court vacates the injunction, finding that Griffin failed to establish a clear legal
• The Hoopa Valley Tribe v. Christie
  812 F.2d 1097· 9th Cir.· 1986-12-04 ·cited 11×·via Preliminary Injunction
  The court held that the tribe failed to demonstrate a probability of success on the merits for its claims, and thus was not entitled to a preliminary injunction against the Bureau's office relocation.
• Dynamics Corp. OF Am. v. CTS Corp.
  805 F.2d 705· 7th Cir.· 1986-11-03 ·cited 11×·via Preliminary Injunction
• Johnson & Johnson Prods., Inc. v. DAL Int'l Trading Co.
  798 F.2d 100· 3d Cir.· 1986-08-11 ·cited 11×·via Preliminary Injunction
  The court held that the district court erred in imposing a duty to inquire on a good faith purchaser under the UCC, and the record did not support a finding that Quality King suspected fraud.
• Gen. Motors Corp. v. Gibson Chem. & OIL Corp.
  786 F.2d 105· 2d Cir.· 1986-03-21 ·cited 11×·via Preliminary Injunction
  The court affirmed the preliminary injunction but dismissed the appeal of the seizure order for lack of jurisdiction, finding the latter not appealable as an interlocutory or collateral order.
• Broward Cnty. v. La Rosa
  484 So. 2d 1374· Fla. 4th DCA· 1986-03-19 ·cited 11×
  Broward County appeals a summary judgment invalidating Section 16½-67(b)(8) of its Human Rights Ordinance, which authorized an administrative board to award money damages for humiliation and embarrassment in discrimination cases. The Fourth District affirmed, holding that the ord
• Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs., Ltd.
  493 So. 2d 417· Fla.· 1986-03-13 ·cited 11×
  The Florida Supreme Court held that a statute requiring landlords to permit cable television companies to install equipment on apartment-complex property constitutes an unconstitutional taking of property without just compensation under both state and federal constitutions, follo
• Cispes (Committee IN Solidarity With the People of EL Salvador) v. Fed. Bureau OF Investigation
  770 F.2d 468· 5th Cir.· 1985-09-09 ·cited 11×·via Request For Injunction
  The court held that the statute protecting foreign officials is constitutional, neither vague nor overbroad, and affirmed the district court's dismissal of all claims.
• The Valley Line Co. v. Ryan
  771 F.2d 366· 8th Cir.· 1985-08-21 ·cited 11×
  The court held that the district court erred by determining the liability for Ryan's injury, as this deprived him of his right to a jury trial, and that the district court abused its discretion by reinstating the injunction against Ryan's state court proceeding.
• Joseph Scott Co. v. Scott Swimming Pools, Inc.
  764 F.2d 62· 2d Cir.· 1985-06-13 ·cited 11×·via Preliminary Injunction
  The court held that while a preliminary injunction was warranted due to likely confusion, its scope was overly broad in restricting the use of Joseph Jr.'s personal name, and modified the injunction to allow more latitude with a clear disclaimer.
• Nursing Home & Hosp. Union NO. 434 Afl-Cio-Ldiu v. SKY VUE Terrace, Inc.
  759 F.2d 1094· 3d Cir.· 1985-04-10 ·cited 11×·via Boys Markets Injunction
  The court held that an injunction preventing a business from distributing its assets pending arbitration is permissible under federal labor law to ensure the arbitration process is not frustrated.
• Rush v. Obledo
  756 F.2d 713· 9th Cir.· 1985-03-28 ·cited 11×
  Warrantless inspections of family day care homes are permissible under the 'pervasively regulated business' exception to the Fourth Amendment, provided the statutes and regulations sufficiently limit the scope and timing of such inspections.
• Kruse v. Snowshoe Co.
  715 F.2d 120· 4th Cir.· 1983-08-10 ·cited 11×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction and refusing to abstain from exercising jurisdiction due to parallel state litigation.
• Seymour Schulner v. Jack Eckerd Corp.
  706 F.2d 1113· 11th Cir.· 1983-06-06 ·cited 11×
  The court held that an order reinstating a plaintiff to their former position pending a determination of damages is an appealable interlocutory order granting an injunction under 28 U.S.C. § 1292(a)(1).
• Nestor Gonzalez v. Francoise Benoit
  424 So. 2d 957· Fla. 3d DCA· 1983-01-11 ·cited 11×
  Gonzalez, a residential tenant, appealed the circuit court's dismissal of his complaint for lack of subject matter jurisdiction after his landlord Benoit terminated electrical service and changed the locks to his apartment. The Third District Court of Appeal reversed, holding tha
• Paco Rabanne Parfums, S.A. v. Norco Enters., Inc.
  680 F.2d 891· 2d Cir.· 1982-06-01 ·cited 11×·via Preliminary Injunction
  The court held that a plaintiff seeking a preliminary injunction for trade dress imitation does not need to prove side-by-side sales if there is evidence of deliberate copying and market overlap.
• B. M. Z. Corp. v. City OF Oakland Park
  415 So. 2d 735· Fla. 4th DCA· 1982-05-05 ·cited 11×
  B.M.Z. Corporation, a nightclub owner, appealed the dissolution of an injunction against Oakland Park's ordinance rolling back nightclub closing hours from 4 a.m. to 2 a.m. The court affirmed the dissolution, rejecting arguments that the ordinance's effective date was invalid and
• Deloris Ernestine Buzzard v. Buzzard
  412 So. 2d 388· Fla. 2d DCA· 1982-03-12 ·cited 11×
  Florida Retirement System benefits are exempt from legal process for alimony enforcement, as the exemption statute is absolute and the alimony statute does not create an exception for pensions.
• Louis v. Meissner
  532 F. Supp. 881· S.D. Fla.· 1982-02-24 ·cited 11×·via Preliminary Injunction
  The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
• United States v. Cnty. OF Arlington
  669 F.2d 925· 4th Cir.· 1982-02-01 ·cited 11×
  The court held that the 1979 agreement granting reciprocal tax exemption to the GDR's property was valid and that the property was immune from execution of pre-May 4, 1979 tax liens. The court also held that the United States was not collaterally estopped by a prior judgment agai
• Community for Creative Non-Violence v. Watt
  670 F.2d 1213· D.C. Cir.· 1982-01-22 ·cited 11×
  The court held that the Park Service regulations prohibiting camping in non-designated areas do not encompass sleeping in symbolic tents, as it is a form of expressive conduct related to the demonstration's message.
• Game & Fresh Water Fish Comm'n v. Smith, Sr.
  407 So. 2d 189· Fla.· 1981-04-16 ·cited 11×
  The Florida Supreme Court upheld a trial court judgment holding that while a state law and administrative rule absolutely prohibiting motorboats on Lake Iamonia during duck hunting season is generally constitutional, the rule is unconstitutional as applied to island owners who ha
• Holiday Inns, Inc. v. Holiday INN
  645 F.2d 239· 4th Cir.· 1981-04-03 ·cited 11×
  The court held that the defendant's subsequent limited trademark registration did not warrant modification of a prior injunction prohibiting the use of the ® symbol, as the defendant's past conduct demonstrated intent to infringe and cause confusion.
• City OF Romulus v. Cnty. OF Wayne
  634 F.2d 347· 6th Cir.· 1980-11-06 ·cited 11×·via Injunction Pending Appeal
  The appeal is moot because the runway construction has been completed, rendering the requested injunctive relief ineffectual.
• Pollgreen v. Morris
  496 F. Supp. 1042· S.D. Fla.· 1980-07-07 ·cited 11×·via Preliminary Injunction
  The court held that due process requires a prompt post-seizure hearing for vessels seized under immigration laws, and that the administrative procedures offered were inadequate or unavailable.
• Corp. de Gestion Ste-Foy, Inc. v. Fla. Power & Light Co.
  385 So. 2d 124· Fla. 3d DCA· 1980-06-17 ·cited 11×
  A Canadian corporation owning a Florida apartment building challenged Florida Power & Light's demand for $99,000 in underbilled electricity charges resulting from a meter-reading error over a three-year period. The court affirmed dismissal of the complaint, holding that public ut
• Collum v. Edwards
  578 F.2d 110· 5th Cir.· 1978-08-10 ·cited 11×·via Dissolution Of Injunction
  The court held that a district court did not abuse its discretion in dissolving a preliminary injunction when the party seeking it failed to comply with the terms of a consent order, but the dismissal of the complaint with prejudice was improper as no trial on the merits had occu
• Dowd Shipping, Inc. v. Bud LEE and Elizabeth Lee
  354 So. 2d 1252· Fla. 4th DCA· 1978-02-07 ·cited 11×
  Dowd Shipping sought to serve Bud Lee with process at his residence, but the sheriff was unable to gain entry and instead served his wife Elizabeth by phone and left papers at the gate. The trial court dismissed the case against Bud Lee for insufficient service of process. The ap
• Parke v. Califano
  564 F.2d 1200· 6th Cir.· 1977-10-26 ·cited 11×·via Action For Injunction
  The district court lacked jurisdiction to review the FDA's decision to initiate enforcement actions, as Parke Davis had an adequate remedy in the pending seizure actions.