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

• Barclays Am. Mortg. Corp. v. Holmes
  595 So. 2d 104· Fla. 5th DCA· 1992-02-07 ·cited 9×·via Temporary Injunction
• Patria Publ'ns, Inc. v. Eladio Armesto & Periodico Patria, Inc.
  593 So. 2d 574· Fla. 3d DCA· 1992-02-04 ·cited 9×
  The court affirmed the trial court's judgment denying an injunction and affirmed the denial of attorney's fees, finding the statute for fees could not be applied retroactively.
• Storer Commc'ns, Inc. v. State
  591 So. 2d 238· Fla. 4th DCA· 1991-07-31 ·cited 9×·via Temporary Injunction
  Storer Communications challenged a temporary injunction prohibiting the negative option marketing of a cable channel called ENCORE. The Fourth District Court of Appeal reversed, holding that the Department of Legal Affairs failed to establish a clear legal right to the injunction
• Salvation Army (The) v. Dep't OF Cmty. Affairs OF the State OF NEW Jersey
  919 F.2d 183· 3d Cir.· 1990-11-05 ·cited 9×·via Preliminary Injunction
  The court held that TSA's constitutional challenge to the Rooming and Boarding House Act and bill of rights fails due to ripeness and the Smith decision, though a concurring judge doubts the application of these rationales to a specific clause.
• Teledyne Indus., Inc. v. Nat'l Labor Relations Bd.
  911 F.2d 1214· 6th Cir.· 1990-08-23 ·cited 9×
  The court held that agreed orders in prior proceedings did not judicially estop the Board from finding that the employer committed an unfair labor practice by discharging employees, and that backpay should not be tolled.
• Vieux Carre Prop. Owners v. Colonel Lloyd Kent Brown
  875 F.2d 453· 5th Cir.· 1989-06-14 ·cited 9×
  The court held that a private plaintiff lacks a right of action against non-federal entities for alleged violations of the Rivers and Harbors Act and that the National Historic Preservation Act does not grant such a right against non-agency defendants. However, the plaintiff has
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State OF Fla. v. Barnett
  533 So. 2d 1202· Fla. 3d DCA· 1988-11-22 ·cited 9×
  The Board of Trustees of Florida's Internal Improvement Trust Fund appealed a summary judgment that invalidated its revocation of a consent of use for dock construction on state-owned submerged lands. The court held that the Board's withdrawal of the previously-issued consent was
• Gaeta Cromwell, Inc. v. Banyan Lakes Vill.
  523 So. 2d 624· Fla. 4th DCA· 1988-03-02 ·cited 9×
  This appeal concerns whether "Congress Park" qualifies as a protected trade name under Florida's dilution statute. The court affirmed a temporary injunction preventing appellants from using the trade name "Congress Park" for their office complex, finding that appellees' prior use
• Frank and Marie Robertia v. Pine Tree Water Control Dist.
  516 So. 2d 1012· Fla. 4th DCA· 1987-12-02 ·cited 9×·via Permanent Injunction
  The Robertias appealed a permanent injunction granted to Pine Tree Water Control District allowing it to construct and maintain a drainage easement across their property. The appellate court reversed, finding that the language in the Robertias' deed was insufficient to reserve an
• Dist. 29 v. United Mine Workers OF Am. 1974 Benefit Plan & Tr.
  826 F.2d 280· 4th Cir.· 1987-08-13 ·cited 9×·via Preliminary Injunction
  The 1974 Benefit Plan and Trust must assume liability for retiree health benefits when the former employer or its successor is financially able to provide benefits but is no longer legally obligated to do so, to fulfill the parties' intent of providing lifetime benefits.
• Am. CAN Co. v. Ishwar Mansukhani
  814 F.2d 421· 7th Cir.· 1987-03-12 ·cited 9×·via Permanent Injunction
  The court held that res judicata did not bar supplemental injunctive relief and affirmed the district court's decision to supplement the permanent injunction to include the SK inks, finding substantial derivation from plaintiff's trade secrets.
• Wis. Educ. Ass'n Ins. Tr. v. Iowa State Bd. OF Pub. Instruction
  804 F.2d 1059· 8th Cir.· 1986-11-07 ·cited 9×
  The Wisconsin Education Association Insurance Trust (WEAIT) is not an employee welfare benefit plan under ERISA because it provides benefits to individuals who are not members of or employed by the sponsoring labor unions, thus failing the 'participant' requirement.
• Commodity Futures Trading Comm'n v. The Am. Bd. OF Trade, Inc.
  803 F.2d 1242· 2d Cir.· 1986-10-10 ·cited 9×·via Permanent Injunction
  The court affirmed the district court's judgment, holding that the Commodity Exchange Act applied to defendants' commodity option transactions, including those involving foreign currency, and that the district court did not abuse its discretion in issuing the injunction or orderi
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×·via Permanent Injunction
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• David v. City OF Dunedin
  473 So. 2d 304· Fla. 2d DCA· 1985-08-07 ·cited 9×
  The court held that the sign ordinance was not adopted in accordance with applicable statutes, rendering it void and requiring the trial court to issue an injunction against its enforcement.
• FOX v. Town OF BAY Harbor Islands
  450 So. 2d 559· Fla. 3d DCA· 1984-05-08 ·cited 9×
  Fox challenged a zoning ordinance restricting ground floor apartment occupancy to maintenance/superintendent personnel as facially unconstitutional. The Florida appellate court reversed the trial court's dismissal, holding that the occupancy restriction bore no substantial relati
• United States v. Riverside Bayview Homes, Inc.
  729 F.2d 391· 6th Cir.· 1984-03-07 ·cited 9×·via Permanent Injunction
  The court held that the amended Corps of Engineers wetlands definition requires present inundation or saturation sufficient to support vegetation, and that Riverside's property did not meet this standard. The court also vacated the declaratory judgment regarding a Corps regulatio
• In re Dist. NO. 1-Pacific Coast Dist. v. Dist. NO. 1-Pacific Coast Dist.
  723 F.2d 70· D.C. Cir.· 1983-11-08 ·cited 9×·via Preliminary Injunction
  The Court of Appeals held that the district court's order, though labeled a temporary restraining order, was effectively a preliminary injunction that violated the Norris-LaGuardia Act, and thus the district court lacked jurisdiction.
• ST. Charles Mfg. Co. v. Mercer
  719 F.2d 380· 11th Cir.· 1983-11-07 ·cited 9×·via Permanent Injunction
  The court held that the district court did not err in denying plaintiffs' claims for profits, damages, and attorney's fees, as plaintiffs failed to prove specific monetary losses or that the defendants' actions were exceptional.
• Parfums Stern, Inc. v. United States Customs Serv.
  575 F. Supp. 416· S.D. Fla.· 1983-06-14 ·cited 9×·via Preliminary Injunction
  The court denied the plaintiff's motion for a preliminary injunction because the plaintiff failed to establish the necessary prerequisites, including a substantial likelihood of success on the merits and irreparable harm.
• Pennwalt Corp. v. Plough, Inc.
  676 F.2d 77· 3d Cir.· 1982-04-08 ·cited 9×·via Preliminary Injunction
  The court held that Plough's 1981 advertisement, which implied comparative efficacy through statistical claims about doctor prescriptions, constituted a 'covered claim' under the settlement agreement and should have been submitted to the expert panel.
• Wetzel v. Edwards
  635 F.2d 283· 4th Cir.· 1980-10-27 ·cited 9×·via Preliminary Injunction
  The court held that the district court abused its discretion by improperly balancing the factors for granting a preliminary injunction, failing to adequately consider the harm to the defendants and the public interest.
• Temporarily Yours-Temporary Help Servs., Inc. v. Manpower, Inc.
  377 So. 2d 825· Fla. 1st DCA· 1979-12-14 ·cited 9×
  Temporarily Yours and Edward Jones appealed an injunction enforcing a non-compete covenant that barred Jones from competing with Manpower within 200 miles of Jacksonville for two years. The court affirmed the injunction, holding that Florida law—not Wisconsin law specified in the
• Whelan v. Colgan
  602 F.2d 1060· 2d Cir.· 1979-06-27 ·cited 9×·via Preliminary Injunction
  The court held that the district court properly exercised jurisdiction under LMRA § 301 and did not err in granting a preliminary injunction to compel payment of welfare benefits.
• United States v. EL Camino Cmty. Coll. Dist. & Stuart E. Marsee
  600 F.2d 1258· 9th Cir.· 1979-06-21 ·cited 9×·via Action For Injunction
  The court held that the college could not challenge the validity of HEW regulations for the first time on appeal and that the college failed to meet its burden to show that its non-federally funded activities were separate from federally funded programs.
• Chevron OIL Co. v. Andrus
  588 F.2d 1383· 5th Cir.· 1979-02-09 ·cited 9×
  The Department of the Interior's regulations do not bind the Secretary to abide by a regional manager's unreviewed decision to accept oil and gas lease bids, and the Secretary's rejection of bids is subject to judicial review.
• City OF Miami Beach v. Frankel
  363 So. 2d 555· Fla.· 1978-10-05 ·cited 9×
  The Florida Supreme Court upheld a state statute restricting municipal rent control powers against constitutional challenges by Miami Beach. The court affirmed that Chapter 77-50 validly conditions local rent control authority through general law, does not impermissibly amend the
• Xerox Corp. v. SCM Corp.
  576 F.2d 1057· 3d Cir.· 1978-05-17 ·cited 9×·via Preliminary Injunction
  A patent infringement claim does not arise out of the same transaction or occurrence as an antitrust claim, and therefore is not a compulsory counterclaim under Rule 13(a).
• Caltagirone v. The Sch. Bd. OF Hernando Cnty.
  355 So. 2d 873· Fla. 2d DCA· 1978-03-08 ·cited 9×·via Temporary Injunction
  The court held that the trial court properly enjoined arbitration pending determination of contract validity, but erred in dismissing the counterclaim for breach of contract damages.
• City GAS Co. OF Fla. v. Ro-Mont S. Green Condo. "R", Inc.
  350 So. 2d 790· Fla. 3d DCA· 1977-09-13 ·cited 9×
  The court held that the trial court did not abuse its discretion in denying the motion to dissolve the injunction.
• Lloyd Damsey, M.D., P.A. v. Barry J. Mankowitz, M.D.
  339 So. 2d 282· Fla. 3d DCA· 1976-11-16 ·cited 9×
  Dr. Damsey sought to enjoin Dr. Mankowitz from practicing medicine in a specific geographic area for three years following the termination of their employment agreement. The Florida District Court of Appeal affirmed the trial court's denial of the injunction, finding the restrict
• Morrissey v. Segal
  526 F.2d 121· 2d Cir.· 1975-11-14 ·cited 9×
  Attorney fees for legal services performed for trustees should not be paid from union funds because their personal interests conflicted with their fiduciary duties.
• Coal. FOR Responsible Reg'l Dev. & Ruth C. Sullivan v. Brinegar
  518 F.2d 522· 4th Cir.· 1975-06-16 ·cited 9×·via Preliminary Injunction
  The dissenting judge would affirm the district court's judgment denying a preliminary injunction, finding the district court's reasoning largely supported by the record.
• Nickerson v. United States
  513 F.2d 31· 1st Cir.· 1975-03-28 ·cited 9×
  The court held that the United States has not waived sovereign immunity under 26 U.S.C. § 7426(a) for a released levy and that other cited statutes do not confer jurisdiction.
• The Telophase Soc'y OF Fla., Inc. v. State Bd. OF Funeral Directors & Embalmers
  308 So. 2d 606· Fla. 2d DCA· 1975-02-05 ·cited 9×
  The Telophase Society challenged an injunction prohibiting it from providing cremation services without funeral director licensing. The Florida appellate court affirmed the injunction, holding that the statutory definition of "funeral directing" encompasses preparation and dispos
• Siff v. The State Democratic Executive Comm.
  500 F.2d 1307· 5th Cir.· 1974-08-22 ·cited 9×·via Preliminary Injunction
  The court held that the trial court was justified in denying plaintiffs' pleas for temporary injunctive relief due to constitutional uncertainty.
• Mount Sinai Hosp. OF Greater Miami, Inc. v. Cordis Corp.
  285 So. 2d 645· Fla. 3d DCA· 1973-10-30 ·cited 9×
  Mount Sinai Hospital appealed a summary judgment dismissing its misappropriation suit against Cordis Corporation on statute of limitations grounds. The hospital claimed Cordis wrongfully appropriated a cardiac pacemaker concept and patent rights developed by hospital-affiliated d
• Rice v. Am. Program Bureau
  446 F.2d 685· 2d Cir.· 1971-07-08 ·cited 9×·via Preliminary Injunction
• Walsh v. United States
  423 F.2d 687· 9th Cir.· 1970-03-04 ·cited 9×·via Writ Of Injunction
  The court held that the District Court had jurisdiction to resentence the appellant and that the delay in resentencing did not violate his constitutional rights or statutory limitations.
• S. Fla. ART Theaters, Inc. v. State of Fla. ex rel. Marvin U. Mounts, Jr.
  224 So. 2d 706· Fla. 4th DCA· 1969-06-19 ·cited 9×
  A Florida court upheld an ex parte temporary restraining order against a movie theater operator allegedly showing an obscene film, rejecting constitutional challenges that the obscenity statute was vague and that the emergency injunction procedure violated free speech rights. The
• Kastan v. Kastan
  222 So. 2d 55· Fla. 3d DCA· 1969-04-22 ·cited 9×
  Michael Kastan, a Swedish citizen and non-resident of Florida, appealed the dismissal of his complaint and the quashing of service of process against his brother Martin Kastan and their Swedish corporation General Investment AB. The Third District Court of Appeal affirmed the tri
• Mainor v. Hobbie
  218 So. 2d 203· Fla. 1st DCA· 1969-01-30 ·cited 9×
  Property owners in Bagdad Subdivision appealed a summary judgment dismissing their class action to enjoin defendants from fencing Bay Street and an irregular strip bordering Blackwater Bay. The court reversed, holding that the owners had standing to enforce both private and publi
• KAR Prods., Inc. v. Acker
  217 So. 2d 595· Fla. 1st DCA· 1969-01-21 ·cited 9×
  A nonresident automotive parts corporation sought to enforce a non-compete clause in an employment contract against a former agent in Florida without first qualifying to do business in the state. The court held that while the corporation's sales were interstate in character, the
• Dade Cnty. Med. Ass'n v. G. Thomas Samartino, M.D.
  213 So. 2d 627· Fla. 3d DCA· 1968-08-20 ·cited 9×
  The Dade County Medical Association appealed a permanent injunction preventing it from eliminating specialty headings in medical telephone directory listings. The appellate court reversed in part and affirmed in part, finding that while the trial court properly enjoined the Assoc
• Brenner v. Barco Chems. Div., Inc.
  209 So. 2d 277· Fla. 3d DCA· 1968-04-16 ·cited 9×
  Brenner, former sales manager of Barco Chemicals, appealed a one-year non-compete injunction. The court upheld the non-compete restriction, finding that Brenner remained bound by the contract's terms even after its initial expiration because the company retained his services with
• Watson v. City OF Hallandale
  193 So. 2d 195· Fla. 4th DCA· 1966-12-08 ·cited 9×
  The City of Hallandale and property owners disputed the validity of a 1951 consent decree that froze property tax assessments until improvements were made. The Fourth District Court of Appeal affirmed dismissal of the complaint seeking to enforce the decree, holding that while th
• Food Ctr., Inc. v. Food Fair Stores, Inc.
  356 F.2d 775· 1st Cir.· 1966-03-04 ·cited 9×·via Modification Of Injunction
  The court held that neither party is automatically excluded from using its name in Massachusetts; the prior decree is subject to modification based on changed circumstances and equities. The case is remanded for further proceedings to define the scope of concurrent rights.
• Ortega Co. v. Justiss
  175 So. 2d 554· Fla. 1st DCA· 1965-05-25 ·cited 9×
  Ortega Company sought a mandatory injunction to stop the Justisses from operating a commercial trailer park on residential lots in violation of restrictive covenants. The trial court denied the injunction and transferred the case to law side for damages, which the appellate court
• Schuler v. Walter
  24 Fla. Supp. 116· Duval Cty. Cir. Ct.· 1965-01-04 ·cited 9×
  In this declaratory judgment action, a Florida circuit court found that Duval County's tax assessor had systematically and deliberately underassessed real and personal property at approximately 41.64% of just value since 1941, in violation of the state constitution and statutes.