Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lazaro v. United States Dep't of Agric.
  186 F. Supp. 2d 1203· M.D. Fla.· 2001-08-24 ·cited 2×
  The court held that the statute does not prohibit preliminary injunctive relief for permanent disqualification from the Food Stamp Program, even for trafficking violations, and that the plaintiff met the prerequisites for such relief.
• Fabricant v. Roebuck
  100 F. Supp. 33· S.D. Fla.· 2001-06-29 ·cited 2×
  The court held that the plaintiffs' renewed motion for class certification should be granted, finding that the proposed classes met the requirements of Federal Rules of Civil Procedure 23(a) and 23(b).
• Moore v. Schlesinger
  150 F. Supp. 2d 1308· M.D. Fla.· 2001-06-21 ·cited 2×
  Assistant United States Attorneys are entitled to absolute immunity from suits for money damages based on their performance of advocacy functions in defending the government in civil actions.
• Forum v. Boca Burger, Inc.
  788 So. 2d 1055· Fla. 4th DCA· 2001-05-16 ·cited 2×
  This case reverses a trial court's dismissal of a complaint, holding that a plaintiff properly amended their complaint without court leave before any responsive pleading was filed, and awarding attorney's fees against defense counsel for making frivolous arguments contrary to est
• Minnaugh v. Cnty. Comm'n OF Broward Cnty.
  783 So. 2d 1054· Fla.· 2001-04-12 ·cited 2×
  The Florida Supreme Court held that decisions regarding small-scale development amendments to comprehensive plans under Florida Statutes § 163.3187(l)(c) are legislative in nature and subject to the fairly-debatable standard of review, not strict scrutiny. The Court affirmed the
• Costco Wholesale Corp. v. Orange Cnty.
  780 So. 2d 198· Fla. 5th DCA· 2001-02-02 ·cited 2×
  Costco challenged Orange County's ordinance requiring a 5,000-foot separation between package stores as an unconstitutional exercise of police power that lacked substantial relationship to public health, safety, or welfare. The court reversed the trial court's upholding of the or
• Alper v. THE Florida BAR
  771 So. 2d 523· Fla.· 2000-10-19 ·cited 2×
  The Florida Supreme Court denied a petition by three Bar members seeking to enjoin The Florida Bar from using compulsory membership dues to fund a campaign advocating voter approval of merit selection and retention for county and circuit judges. The Court held that the Bar's acti
• 1000 Friends OF Fla., Inc. v. ST. Johns Cnty.
  765 So. 2d 216· Fla. 5th DCA· 2000-07-21 ·cited 2×
  Environmental groups and individuals appealed the dismissal of their action seeking injunctive and declaratory relief to prevent St. Johns County and the Florida Department of Transportation from constructing water and sewer lines through existing rights-of-way. The court affirme
• Putnam Cnty. Env't Council, Inc. v. Bd. OF Cnty. Comm'rs OF Putnam Cnty.
  757 So. 2d 590· Fla. 5th DCA· 2000-05-12 ·cited 2×
  The Putnam County Environmental Council challenged a county board's approval of a special exception for a middle school construction, claiming it violated the comprehensive plan. The trial court dismissed for lack of standing, but the appellate court reversed, holding that the en
• Nassau v. Unimotorcyclists Soc'y of Am., Inc.
  59 F. Supp. 2d 1233· M.D. Fla.· 1999-05-25 ·cited 2×
  The court held that the plaintiff failed to establish a likelihood of confusion for trademark infringement and unfair competition claims because his mark was weak, the parties' marks were dissimilar, and there was insufficient evidence of actual confusion.
• Elsie v. Entzminger
  734 So. 2d 1114· Fla. 2d DCA· 1999-05-07 ·cited 2×
  Elsie Entzminger appeals a trial court order that canceled a portion of an express written easement over property owned by the Thornberrys. The appellate court reversed, holding that a clear and unambiguous easement grant is permanent and can only be modified by mutual consent, a
• United States v. Seminole Tribe of Florida
  45 F. Supp. 2d 1330· M.D. Fla.· 1999-03-04 ·cited 2×
  The court held that the plaintiff has authority to seek civil injunctive relief under federal and state law, and therefore denied the motion to dismiss.
• Lake Util. Servs., Inc. v. City OF Clermont
  727 So. 2d 984· Fla. 5th DCA· 1999-01-22 ·cited 2×
  Lake Utility Services (LUS) challenged the City of Clermont's claim to exclusive rights to provide water service to a disputed area in Lake County, Florida. The court held that although Clermont acquired the legal right first through ordinance 273-C in February 1992, it waived th
• Borgner v. Cook
  33 F. Supp. 2d 1327· N.D. Fla.· 1998-07-16 ·cited 2×
  The court held that Florida Statute § 466.0282 is unconstitutional as applied to Dr. Borgner's advertising of his membership and credentials from non-ADA-recognized organizations, because the state failed to provide sufficient evidence of actual or substantial harm to justify the
• Haneef Hamidullah and Bennie Dawson v. Burke
  783 So. 2d 1079· Fla. 3d DCA· 1998-03-09 ·cited 2×
  Registered voters in Miami-Dade County challenged whether suspended County Commissioner James C. Burke could run for his District 2 seat during the remainder of his term after his suspension by the Governor. The court affirmed the denial of injunctive relief, holding that absent
• Gulf Power Co. v. United States
  998 F. Supp. 1386· N.D. Fla.· 1998-03-06 ·cited 2×
  The court held that the Pole Attachment Act's mandatory access provision constitutes a per se taking under the Fifth Amendment because it requires utilities to grant access, thereby divesting them of their right to exclude, and that the FCC cannot determine just compensation for
• Marine Midland Bus. Loans, Inc. v. Miami Trucolor Offset Serv. Co.
  217 B.R. 341· S.D. Fla.· 1998-02-26 ·cited 2×
  The court held that the doctrine of res judicata barred Marine Midland from collaterally attacking the bankruptcy court's confirmation order in state court, as Marine Midland had notice and an opportunity to object and appeal.
• Jones v. McAndrew
  996 F. Supp. 1439· N.D. Fla.· 1998-02-20 ·cited 2×
  The court held that a challenge to electrocution procedures, as opposed to the method of execution itself, can be brought as a Section 1983 action, not solely as a habeas corpus petition. It also found that the plaintiffs have standing and their claims are ripe, and that the Elev
• Secret Oaks Owner's Ass'n, Inc. v. Dep't OF Env't Prot.
  704 So. 2d 702· Fla. 5th DCA· 1998-01-02 ·cited 2×
  Secret Oaks Owners' Association sought a permit from the Florida Department of Environmental Protection to construct a dock on state-owned sovereignty lands, but the DEP denied the application based on a rule requiring applicants to have "sufficient title interest" in upland prop
• At & T Wireless Servs. of Fla., Inc. v. Orange Cnty.
  982 F. Supp. 856· M.D. Fla.· 1997-11-14 ·cited 2×
  The court held that the Board violated the Telecommunications Act of 1996 by failing to issue a written decision supported by substantial evidence, but denied injunctive relief mandating permit issuance.
• Feldman v. Palmetto Gen. Hosp., Inc.
  980 F. Supp. 467· S.D. Fla.· 1997-09-25 ·cited 2×
  The court held that the plaintiff lacked standing to bring antitrust claims under the Sherman Act because he failed to allege an antitrust injury and was not an efficient enforcer of antitrust laws.
• Parisi v. Broward Cnty. & Broward Cnty. Off. of Natural Res. Prot.
  710 So. 2d 981· Fla. 4th DCA· 1997-08-27 ·cited 2×
  The court affirmed a civil contempt order requiring the appellant to post a bond to secure environmental remediation, holding that the trial court properly found the appellant had the ability to comply with the underlying injunctive orders, and that the appellant's ability to pos
• The City OF Jacksonville & the City Council of the City of Jacksonville v. Am. Env't Servs., Inc.
  699 So. 2d 255· Fla. 1st DCA· 1997-08-05 ·cited 2×
  The City of Jacksonville appealed a circuit court decision that invalidated the City's certificate of need (CON) ordinances as applied to American Environmental Services' proposed hazardous waste transfer station. The First District Court of Appeal affirmed, holding that Jacksonv
• Morales v. Attorneys'title Ins. Fund, Inc.
  983 F. Supp. 1418· S.D. Fla.· 1997-07-03 ·cited 2×
  The court held that the filed rate doctrine bars the plaintiffs' claims under RESPA and Florida's Deceptive and Unfair Trade Practices Act because these claims challenge rates established by a comprehensive state regulatory scheme.
• Corinne Freeman and Barbara J. Crockett v. Times Publ'g Co.
  696 So. 2d 427· Fla. 2d DCA· 1997-06-27 ·cited 2×
  The court held that discussions regarding methods to achieve continuing compliance with a federal desegregation mandate are not 'settlement negotiations' exempt from Florida's Sunshine Law. However, discussions related to litigation expenditures may still be permissible in closed
• Dade Cnty. v. Lowell S. Dunn and Betty S. Dunn
  693 So. 2d 1035· Fla. 3d DCA· 1997-05-14 ·cited 2×
  Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
• Chase Manhattan Bank v. Dime Sav. Bank of N.Y.
  961 F. Supp. 275· M.D. Fla.· 1997-05-05 ·cited 2×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to demonstrate imminent irreparable injury, a substantial likelihood of success on the merits, or that the threatened injury outweighed potential harm to the defendants and the public inte
• Thompson v. Dep't of Hwy. Safety & Motor Vehicles
  692 So. 2d 272· Fla. 5th DCA· 1997-04-25 ·cited 2×
  The court held that there is no common law or statutory duty of care for the discretionary governmental function of revoking or refusing to renew a driver's license, and the statutory waiver of sovereign immunity does not create such a duty.
• Sunshine Key Assocs. Ltd. P'ship v. Monroe Cnty.
  684 So. 2d 876· Fla. 3d DCA· 1996-12-18 ·cited 2×
  Sunshine Key Associates challenged Monroe County's reclassification of park models (expandable RVs over 8 feet wide) as mobile homes rather than recreational vehicles, arguing the width-based distinction was arbitrary. The appellate court reversed, holding that the 8-foot width l
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• United States v. Reaves
  923 F. Supp. 1530· M.D. Fla.· 1996-02-22 ·cited 2×
  The court held that the unpermitted discharge of dredged or fill materials into wetlands constitutes a continuing violation of the Clean Water Act and Rivers and Harbors Act, meaning the five-year statute of limitations has not yet begun to run.
• The Libertarian Party OF Fla. v. Smith
  665 So. 2d 1119· Fla. 1st DCA· 1996-01-04 ·cited 2×
  The Libertarian Party of Florida challenged a statute denying filing fee rebates to minor political parties (those with less than 5% of registered voters), arguing it violated Equal Protection and First Amendment rights by disadvantaging minor parties compared to major parties. T
• Robbins v. City OF Miami Beach
  664 So. 2d 1150· Fla. 3d DCA· 1995-12-20 ·cited 2×
  Robbins challenged a Miami Beach city resolution authorizing a streetscape improvement project that would narrow Collins Avenue, claiming it violated the city's comprehensive land use plan. The court reversed a dismissal with prejudice, holding that the streetscape project falls
• First Union Nat'l Bank OF Fla. & Sea Land Contractors, Inc. v. 2800 S.E. Dune Drive Condo. Ass'n, Inc.
  661 So. 2d 955· Fla. 4th DCA· 1995-10-25 ·cited 2×
  Florida appellate court reversed an award of attorney's fees to a condominium association against a contractor, holding that a contractual fee-shifting clause tied to contractor performance does not authorize fees for preliminary litigation over a letter of credit until the under
• Albertson's, Inc. v. The Fla. Dep't OF Prof'l Reg.
  658 So. 2d 134· Fla. 1st DCA· 1995-07-11 ·cited 2×
  Albertson's and other chain pharmacy companies challenged section 408.706(10) of Florida's Health Care and Insurance Reform Act as violating the Commerce Clause and Equal Protection Clause. The trial court struck down the provision barring pharmacies licensed in other states but
• Losada v. Humana Med. Plan, Inc.
  659 So. 2d 367· Fla. 3d DCA· 1995-06-28 ·cited 2×
  Attorney's fees are awardable to a defendant under § 812.035(7) when a private plaintiff seeks injunctive relief under § 812.035(6) and the claim lacks substantial support, but costs are awardable upon voluntary dismissal.
• Evans v. Bell
  651 So. 2d 162· Fla. 1st DCA· 1995-02-20 ·cited 2×
  Appellants challenged a Jacksonville charter amendment approved by referendum that would replace an elected civil service board with an appointed one, arguing the ballot failed to comply with Florida's mandatory ballot summary requirement. The court reversed the trial court's sum
• Rainer Hasslacher v. Hasslacher
  650 So. 2d 166· Fla. 4th DCA· 1995-02-08 ·cited 2×
  In this separate maintenance action, the trial court awarded the wife a lump sum of $800,000 in temporary alimony and attorney fees to maintain the parties' affluent lifestyle and equalize legal representation. The appellate court reversed, holding that Florida law does not autho
• de Pacanins v. Pacanins
  650 So. 2d 1028· Fla. 3d DCA· 1995-02-01 ·cited 2×
  The wife appeals a non-final order releasing funds, previously frozen, to the husband, and the appellate court reverses this order.
• SEA Breeze v. The Honorable Philip A. Federico
  648 So. 2d 226· Fla. 2d DCA· 1994-12-28 ·cited 2×
  The circuit court erred in transferring a case seeking declaratory and injunctive relief to the county court when the petitioners alleged an amount in controversy exceeding the county court's jurisdictional limit.
• Rewjb GAS Invs. v. C'Store Realty, Ltd.
  647 So. 2d 998· Fla. 2d DCA· 1994-12-21 ·cited 2×
  The court held that conditioning a stay of eviction proceedings on the payment of rent into the registry, even if it amounts to 'double rent,' is within the trial court's broad discretion and not an abuse of law.
• Cajun & Grill OF Am., Inc. v. JET Int'l Cuisine, Inc.
  646 So. 2d 801· Fla. 3d DCA· 1994-12-07 ·cited 2×
  Cajun & Grill of America, Inc. and its owner appealed an order granting emergency temporary injunctive relief and appointing a receiver to maintain control of a restaurant. The appellate court reversed, holding that the plaintiff failed to satisfy the required criteria for prelim
• Fla. Pharmacy Ass'n, Inc. v. Lindner
  645 So. 2d 1030· Fla. 1st DCA· 1994-10-28 ·cited 2×
  Florida Pharmacy Association challenged a legislative proviso requiring the state to amend its pharmaceutical contract to reimburse pharmacies at AWP minus 12% rather than AWP minus 18%. The court affirmed that the proviso violated the Florida Constitution's prohibition on approp
• Florida Key Deer v. Stickney
  864 F. Supp. 1222· S.D. Fla.· 1994-08-25 ·cited 2×
  The court held that the plaintiffs had standing to sue FEMA for failing to consult with the U.S. Fish and Wildlife Service regarding the National Flood Insurance Program's impact on the endangered Key deer, and that FEMA had violated the Endangered Species Act.
• City OF Homestead v. Ramirez
  621 So. 2d 548· Fla. 3d DCA· 1993-07-13 ·cited 2×
  The court held that a temporary injunction was defective because the order failed to specify the reasons for its entry as required by rule.
• The Univ. OF Md. AT Baltimore v. Peat
  996 F.2d 1534· 3d Cir.· 1993-06-22 ·cited 2×
  The Third Circuit reversed the district court's dismissal of state law claims, finding that the federal RICO claim, which was the sole basis for federal jurisdiction, was improperly dismissed. The court affirmed the denial of injunctive relief against state contempt proceedings,
• US Taxpayers Party of Florida v. Smith
  871 F. Supp. 426· N.D. Fla.· 1993-06-14 ·cited 2×
  The court held that Florida's July 6 and July 15 deadlines for minor party candidates to file petition signatures do not unconstitutionally burden First and Fourteenth Amendment rights when considered with other ballot access regulations.
• Floyd v. Heno
  996 F.2d 429· 1st Cir.· 1993-06-10 ·cited 2×
  The court held that a claim for compensatory relief arising from FDIC's repudiation of a contract is not subject to the administrative claims process under 12 U.S.C. § 1821(d), and thus the district court erred in dismissing it for lack of jurisdiction.
• Iota XI Chapter OF Sigma CHI Fraternity v. George Mason Univ.
  993 F.2d 386· 4th Cir.· 1993-05-10 ·cited 2×
  The court held that the fraternity's 'ugly woman contest,' despite its offensive nature, constituted expressive conduct protected by the First Amendment, and the university's sanctions based on the message conveyed were impermissible viewpoint discrimination.