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

• Health Care Mgmt. Consulting, Inc. v. McCOMBES
  661 So. 2d 1223· Fla. 1st DCA· 1995-09-22 ·cited 8×·via Temporary Injunction
  HCMC sought injunctive relief to enforce a non-compete covenant against McCombes, its former employee, alleging trade secret misappropriation and customer solicitation. The trial court dissolved the injunction, but the appellate court reversed, finding that McCombes's direct soli
• Criselda Lopez v. The Honorable E. Randolph Bentley as Cir. Judge of the Tenth Jud. Cir.
  660 So. 2d 1138· Fla. 2d DCA· 1995-09-13 ·cited 8×·via Domestic Violence Injunction
  Criselda Lopez petitioned for a writ of prohibition to prevent the trial court from proceeding with an indirect criminal contempt hearing for allegedly violating a domestic violence injunction. The court denied the petition, holding that trial courts retain inherent constitutiona
• Jones v. Sterile Prods. Corp. & Nat'l Fire Ins. Co. of Hartford
  658 So. 2d 1099· Fla. 5th DCA· 1995-07-14 ·cited 8×·via Wrongful Injunction
  The affirmance of a temporary injunction does not, as a matter of law, preclude a subsequent claim for wrongful injunction, and an appeal of a permanent injunction order stays the discharge of the associated bond.
• Wells v. State
  654 So. 2d 146· Fla. 3d DCA· 1995-04-19 ·cited 8×·via Domestic Violence Injunction
  Robert Wells was convicted of indirect criminal contempt for violating a domestic violence injunction. The Florida Third District Court of Appeal reversed his conviction, finding that the trial court erred by excluding relevant evidence regarding a subsequent court order that pla
• PCA Life Ins. Co. v. Metropolitan-Dade Cnty.
  682 So. 2d 1102· Fla. 3d DCA· 1995-02-01 ·cited 8×·via Temporary Injunction
  PCA Life Insurance Company appealed the denial of a temporary injunction and a petition for writ of mandamus seeking to compel Dade County to enter into a health insurance contract after the county reversed its initial vote selecting PCA and instead selected Blue Cross. The court
• Buchanan v. Sullivan
  620 So. 2d 1301· Fla. 4th DCA· 1993-06-23 ·cited 8×·via Temporary Injunction
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• H. Gore Enters., Inc. v. City OF W. Palm Beach
  617 So. 2d 1160· Fla. 4th DCA· 1993-05-19 ·cited 8×·via Temporary Injunction
  The Fourth District Court of Appeal affirmed the trial court's judgment that the City of West Palm Beach's announcement of acceptance of H. Gore Enterprises' sealed bid for towing services did not create a binding contract, despite the general rule that accepted sealed bids form
• Trowell v. Meads
  618 So. 2d 351· Fla. 1st DCA· 1993-05-17 ·cited 8×·via Domestic Violence Injunction
  Florida appellate court reversed a permanent restraining order for domestic violence where the trial court found assault based solely on a telephone call from an involuntarily committed hospital patient, holding that no evidence established the statutory elements of assault or do
• Topanga Press, Inc. v. City OF LOS Angeles
  989 F.2d 1524· 9th Cir.· 1993-03-22 ·cited 8×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the enforcement of the City's Adult Entertainment Business Zoning Ordinance because the City may not have provided constitutionally sufficient alternative relocation s
• Castrol Inc. v. Pennzoil Co. & Pennzoil Prods. Co.
  987 F.2d 939· 3d Cir.· 1993-02-04 ·cited 8×
• Camino Gardens Ass'n, Inc. v. McKIM
  612 So. 2d 636· Fla. 4th DCA· 1993-01-13 ·cited 8×
  A homeowner's association sued to void property deeds and enforce restrictive covenants that prohibited property transfers to non-members. The court upheld summary judgment for the defendants, finding that the association's membership-requirement restriction and mortgage redempti
• Castrol, Inc. v. Quaker State Corp.
  977 F.2d 57· 2d Cir.· 1992-10-07 ·cited 8×·via Injunction Scope
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Quaker State's commercial, finding a likelihood that the claim of test-proven superiority was literally false.
• Marco v. Accent Publ'g Co., Inc.
  969 F.2d 1547· 3d Cir.· 1992-07-23 ·cited 8×·via Preliminary Injunction
  The court held that a freelance photographer, paid by the job, using his own equipment and studio, and lacking employee benefits, was an independent contractor, not an employee, for "work for hire" purposes under the Copyright Act.
• Transohio Sav. Bank v. Dir., Off. OF Thrift Supervision
  967 F.2d 598· D.C. Cir.· 1992-06-12 ·cited 8×·via Preliminary Injunction
  The court held that FIRREA applies to thrifts with prior forbearance agreements, and that such agreements do not prevent Congress from changing capital rules. Sovereign immunity is waived for statutory and due process claims against the OTS under the APA, but not for contract cla
• Miami Elecs. Ctr., Inc. v. Moises Saporta and Gladys Saporta
  597 So. 2d 903· Fla. 3d DCA· 1992-04-21 ·cited 8×
  Miami Electronics Center appealed a trial court judgment that allowed defendants to eliminate a non-compete covenant through majority vote and dismissed the plaintiff's breach of contract and fraud claims. The appellate court affirmed dismissal of the damages claims but reversed
• Disabled Am. Veterans v. United States Dep't OF Veterans Affairs
  962 F.2d 136· 2d Cir.· 1992-03-19 ·cited 8×·via Preliminary Injunction
  The court held that 38 U.S.C. § 3205 survives rational basis scrutiny under the Equal Protection Clause, as it reasonably furthers legitimate governmental interests in deficit reduction, preventing remote heir inheritance, and limiting fiduciary abuse. The court also held that th
• Hard Rock Cafe Licensing Corp. v. Concession Servs.
  955 F.2d 1143· 7th Cir.· 1992-02-04 ·cited 8×·via Permanent Injunction
  The court held that the district court's findings were insufficient to establish CSI's liability for trademark infringement, vacating the judgment against CSI and remanding for further proceedings. It also vacated the denial of attorney's fees for both defendants, remanding that
• Tex. PIG Stands, Inc. v. Hard Rock Cafe Int'l, Inc.
  951 F.2d 684· 5th Cir.· 1992-01-29 ·cited 8×
  The court held that a district court has discretion to award attorneys' fees in trademark infringement cases, especially when the infringement is willful, even if the plaintiff did not suffer lost sales.
• Bellsouth Advertising & Publ'g Corp. v. Real Color Pages, Inc.
  792 F. Supp. 775· M.D. Fla.· 1991-09-16 ·cited 8×·via Preliminary Injunction
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of its unfair competition and trademark infringement claims due to a likelihood of confusion caused by the defendants' insertion of their directory into the plaintiff's directories.
• Richard M. Ragsdale, M.D. v. Turnock
  941 F.2d 501· 7th Cir.· 1991-08-20 ·cited 8×·via Preliminary Injunction
  The court held that the female appellants and the fathers seeking to intervene lacked standing to appeal the consent decree, affirming the denial of intervention and dismissal of the appeal.
• Burger King Corp. v. Lee
  766 F. Supp. 1149· S.D. Fla.· 1991-06-12 ·cited 8×·via Preliminary Injunction
  The court granted Burger King Corporation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding franchise termination and trademark infringement.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×·via Preliminary Injunction
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.
• Morris v. Ricks
  573 So. 2d 1029· Fla. 2d DCA· 1991-02-01 ·cited 8×·via Temporary Injunction
  Morris, a creditor who held stock as security for a defaulted loan, sought to sell the stock after the debtor's death. The estate objected and obtained a temporary restraining order, claiming the stock was unique and irreplaceable. The appellate court reversed, holding that the e
• Abish v. Nw. Nat'l Ins. Co. of Milwaukee
  924 F.2d 448· 2d Cir.· 1991-01-23 ·cited 8×·via Preliminary Injunction
  The court held that it lacked appellate jurisdiction over the district court's order denying the surety's motion for quia timet and exoneration relief, as the order was neither a final decision nor an appealable interlocutory injunction.
• Ogelean Riddick & Suncoast Beauty Sch. of Fla., Inc. v. Suncoast Beauty Coll., Inc.
  570 So. 2d 1064· Fla. 2d DCA· 1990-11-28 ·cited 8×
  The court reversed a permanent injunction granted against former beauty school owner Ogelean Riddick for allegedly violating a covenant not to compete. The injunction was improper because it named defendants over whom the court lacked personal jurisdiction and because it prematur
• Walker Chandler v. Ga. Pub. Telecomms. Comm'n
  917 F.2d 486· 11th Cir.· 1990-10-31 ·cited 8×
  The court held that the exclusion of ballot-qualified Libertarian candidates from a state-sponsored debate constituted unconstitutional viewpoint discrimination under the First Amendment.
• Energy Research Found. v. Def. Nuclear Facilities Safety Bd.
  917 F.2d 581· D.C. Cir.· 1990-10-26 ·cited 8×
  The Defense Nuclear Facilities Safety Board is an 'agency' subject to the Freedom of Information Act and the Government in the Sunshine Act.
• Mohamed Shouman v. Am. Express Travel Related Servs. Co., Inc.
  566 So. 2d 875· Fla. 3d DCA· 1990-09-11 ·cited 8×·via Temporary Injunction
  Mohamed Shouman appeals the entry of a temporary injunction without notice freezing his bank accounts and business assets. The court reverses, holding that American Express failed to satisfy the requirements for an ex parte temporary injunction because the underlying dispute had
• In re the Marriage of Mary Nell Dixon v. Ronald Michael Melton (Deceased) and Ronald H. Melton and Frances C. Melton
  565 So. 2d 1378· Fla. 1st DCA· 1990-07-31 ·cited 8×
  This case involves a dispute over custody and visitation rights between paternal grandparents and the natural mother of a child following the child's father's death. The court affirmed a temporary injunction restricting the child's removal from Leon County, finding it was properl
• Carew-Reid v. Metro. Transp. Auth.
  903 F.2d 914· 2d Cir.· 1990-05-18 ·cited 8×·via Preliminary Injunction
  The court held that the ban on amplifiers in subway platforms is a reasonable time, place, or manner restriction under the First Amendment.
• The Chronicle Publ'g Co. v. Hantzis
  902 F.2d 1028· 1st Cir.· 1990-05-10 ·cited 8×
  The court held that it lacked jurisdiction to entertain an interlocutory appeal from an order declining to enjoin the turnover of a law firm's work product to successor counsel.
• United States v. Baxter Healthcare Corp.
  901 F.2d 1401· 7th Cir.· 1990-05-07 ·cited 8×·via Preliminary Injunction
  The court held that the FDA permissibly interprets the FDCA to require separate approval for Baxter's reconstituted antibiotic drug products, even if component drugs are already approved.
• Ground AIR Transfer, Inc. v. Westates Airlines, Inc.
  899 F.2d 1269· 1st Cir.· 1990-03-30 ·cited 8×·via Preliminary Injunction
  A court cannot enjoin a beneficiary from calling a standby letter of credit when the beneficiary's claim of default is colorable and the beneficiary can meet the letter's stated conditions, absent fraud.
• Headwaters, Inc. v. Bureau OF Land Mgmt.
  893 F.2d 1012· 9th Cir.· 1990-01-11 ·cited 8×·via Permanent Injunction
  The court held that the appeal is moot because the logging activities sought to be enjoined have already occurred, and the claims for injunctive and declaratory relief cannot be effectively granted. The court also found that the 'capable of repetition, yet evading review' excepti
• Waterman Broad. Corp. v. Saro, Inc.
  555 So. 2d 1273· Fla. 2d DCA· 1989-12-22 ·cited 8×·via Temporary Injunction
  Waterman Broadcasting Corporation and Terry Lombardi appealed a trial court's entry of a temporary injunction without notice, filed by Saro, Inc. to preserve evidence of an allegedly defamatory investigation. The appellate court reversed, holding that a temporary injunction canno
• Scalise v. Thornburgh
  891 F.2d 640· 7th Cir.· 1989-12-19 ·cited 8×·via Mandatory Injunction
  The court held that the Attorney General is not required by statute to issue substantive regulations governing international prisoner transfer decisions, and therefore, mandamus jurisdiction and judicial review under the APA were not appropriate.
• The Citizen Band Potawatomi Indian Tribe OF Okla. v. The Okla. TAX Comm'n
  888 F.2d 1303· 10th Cir.· 1989-11-03 ·cited 8×·via Action For Injunction
  The court held that a tribe's filing of a complaint does not waive its sovereign immunity for counterclaims, and that land held in trust for a tribe constitutes Indian Country, exempt from state taxation.
• City OF Malden v. Union Elec. Co. & Mo. Utils. Co.
  887 F.2d 157· 8th Cir.· 1989-10-06 ·cited 8×·via Preliminary Injunction
  The court held that the jury's findings that alternative transmission methods existed and that the utility did not unreasonably refuse to wheel power were supported by the evidence, thus affirming the judgment against the plaintiff's antitrust claims.
• Gen. Conf. Corp. OF Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church
  887 F.2d 228· 9th Cir.· 1989-10-05 ·cited 8×
  A judgment on the pleadings is improper if the answer raises issues of material fact or presents an affirmative defense, even if the pleadings are construed liberally.
• Ortho Pharm. Corp. v. Amgen, Inc.
  882 F.2d 806· 3d Cir.· 1989-08-17 ·cited 8×·via Preliminary Injunction
  A district court has the authority to grant preliminary injunctive relief in an arbitrable dispute, provided the traditional prerequisites for such relief are met, and the Federal Arbitration Act does not implicitly prohibit such relief.
• Nat'l R.R. Passenger Corp. v. The City OF NEW York
  882 F.2d 710· 2d Cir.· 1989-08-16 ·cited 8×
  The court held that 45 U.S.C. § 546b exempts Amtrak only from taxes and tax-equivalent fees, not from rent payments for the use of city property.
• Am. Motorists Ins. Co. v. Levolor Lorentzen, Inc.
  879 F.2d 1165· 3d Cir.· 1989-07-11 ·cited 8×·via Interlocutory Injunction
  The court held that the district court's orders regarding the duty to defend were not final and therefore not appealable under 28 U.S.C. § 1291, even with Rule 54(b) certification, because the determination of the pollution exclusion's applicability could alter the duty to defend
• Tex. Med. Ass'n v. Louis W. Sullivan, M.D.
  875 F.2d 1160· 5th Cir.· 1989-06-27 ·cited 8×·via Preliminary Injunction
  The court held that 42 U.S.C. § 1395ff precludes judicial review of challenges to the reopening and calculation of Medicare payments, as these matters fall within the exclusive purview of administrative hearing officers.
• Szabo v. P*I*E Nationwide, Inc.
  878 F.2d 207· 7th Cir.· 1989-06-23 ·cited 8×
  The court held that the district court abused its discretion in granting a Section 10(j) injunction because the NLRB failed to demonstrate a sufficient likelihood of a chilling effect on other employees' protected activities.
• Nat'l Wildlife Fed'n v. Burford
  878 F.2d 422· D.C. Cir.· 1989-06-20 ·cited 8×·via Preliminary Injunction
  The court held that the National Wildlife Federation (NWF) had alleged sufficient injury-in-fact to establish standing for summary judgment, and that ASARCO's motion to intervene was timely as to its Spanish Gulch claims.
• Tropicana Prods. Sales, Inc. v. Phillips Brokerage Co. & Dole Packaged Foods Co.
  874 F.2d 1581· 11th Cir.· 1989-06-13 ·cited 8×·via Preliminary Injunction
  The appeal from the denial of a preliminary injunction is dismissed as moot because the requested injunction's end date has passed.
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×·via Preliminary Injunction
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi
• Gould v. Lambert Excavating, Inc.
  870 F.2d 1214· 7th Cir.· 1989-03-09 ·cited 8×·via Preliminary Injunction
• James v. Smith
  537 So. 2d 1074· Fla. 5th DCA· 1989-01-19 ·cited 8×
  A Florida appellate court addressed whether a trial court properly refused to enforce deed restrictions in a residential subdivision against a property owner who kept ponies, erected wire fencing, constructed a metal barn, and placed a travel trailer on the lot. The court affirme
• Wayside Farm, Inc. v. The United States Dep't OF Health & Human Servs.
  863 F.2d 447· 6th Cir.· 1988-12-13 ·cited 8×
  The Secretary may terminate a provider's Medicaid eligibility before the Appeals Council rules, and the district court's injunction must be reversed.