Injunctive Relief

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

• Antonelli v. Ralston
  609 F.2d 340· 8th Cir.· 1979-11-01 ·cited 2×
  The court held that the district court should have stayed proceedings to allow prisoners to seek administrative relief before denying their petition for injunctive relief.
• Loomis v. McLUCAS
  598 F.2d 1200· 10th Cir.· 1979-05-14 ·cited 2×
  The district court correctly dismissed the action for lack of jurisdiction, as mandamus is not a substitute for the statutorily prescribed appeal process.
• Pickens v. Okolona Mun. Separate Sch. Dist.
  594 F.2d 433· 5th Cir.· 1979-05-03 ·cited 2×
  The court held that while injunctive relief was proper to prevent disruption of a unitary school system, the injunction's permanent nature and absolute prohibition within one block were overly broad.
• Rivera-Rodriguez v. Commanding Officer
  596 F.2d 508· 1st Cir.· 1979-04-18 ·cited 2×
  The court held that the appellant failed to exhaust administrative remedies by not properly filing his conscientious objector request before being reported for involuntary active duty and by failing to pursue it at his active duty station.
• Plumas Cnty. Bd. OF Supervisors & Supervisors Larry Dean v. Califano
  594 F.2d 756· 9th Cir.· 1979-04-03 ·cited 2×
  The court held that Plumas County has no standing to challenge the federal regulation allowing assistance payments to pregnant women because the county's obligation to make such payments arises from state law and is independent of federal funding.
• Chicago Consortium, Inc. v. Brennan
  599 F.2d 138· 7th Cir.· 1979-03-21 ·cited 2×
  The court held that the claims for injunctive relief were moot due to the repeal of the MDTA and the cessation of operations, and the claim for withheld funds was beyond the district court's jurisdiction, belonging to the Court of Claims.
• LEE v. Marengo Cnty. Bd. OF Educ.
  588 F.2d 1134· 5th Cir.· 1979-02-05 ·cited 2×
  The court held that the freedom-of-choice student assignment plan was ineffective for desegregation and reversed the district court's order approving it.
• Mallard v. R. G. Hobelmann & Co., Inc.
  363 So. 2d 1176· Fla. 1st DCA· 1978-11-14 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's grant of ad valorem tax exemption to a private corporation leasing property from a public port authority. The court held that the corporation's commercial warehousing and vehicle servicing operations do not constitute
• The Blatnik Co. v. Ketola
  587 F.2d 379· 8th Cir.· 1978-11-13 ·cited 2×
  The court held that a city ordinance prohibiting sexually explicit entertainment in liquor establishments does not violate the First or Fourteenth Amendments, as it is a rational exercise of the state's Twenty-first Amendment powers.
• Murray A. Candib v. Carver
  363 So. 2d 1170· Fla. 3d DCA· 1978-11-07 ·cited 2×
  In this appeal of an amended final order, the plaintiff Candib challenges the trial court's clarification of its prior judgment in a property dispute with defendant Carver, arguing the court abused its discretion. The appellate court affirmed the amended order, finding no reversi
• The Council OF Greenburgh Civic Ass'ns & the Saw Mill Valley Civic Ass'n v. The United States Postal Serv.
  586 F.2d 935· 2d Cir.· 1978-10-30 ·cited 2×
  The court held that the complaint's allegations were sufficient to survive a motion to dismiss for failure to state a claim, as they raised a potential First Amendment issue regarding freedom of communication.
• Purse Seine Vessel Owners Ass'n v. United States Dep't OF State
  584 F.2d 931· 9th Cir.· 1978-10-26 ·cited 2×
  The court held that the district court did not abuse its discretion in denying injunctive relief to non-Indian fishermen.
• Berdina Crowe v. E. Band OF Cherokee Indians, Inc.
  584 F.2d 45· 4th Cir.· 1978-09-28 ·cited 2×
  The district court lacked jurisdiction to hear the case because suits against a tribe under the Indian Civil Rights Act are barred by tribal sovereign immunity, as clarified by the Supreme Court.
• Blum v. Probate Court OF Chittenden Cnty.
  575 F.2d 50· 2d Cir.· 1978-04-12 ·cited 2×
  The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.
• Krey Packing Co. v. Hamilton
  572 F.2d 1280· 8th Cir.· 1978-04-11 ·cited 2×
  A federal court may not enjoin state court proceedings to enforce an arbitrator's award under the Labor Management Relations Act, as state courts have concurrent jurisdiction and such an injunction is not necessary in aid of federal jurisdiction.
• Westport Taxi Serv., Inc. v. Brock Adams
  571 F.2d 697· 2d Cir.· 1978-01-24 ·cited 2×
  The court held that the Urban Mass Transportation Act's procedural requirements under 49 U.S.C. § 1602(d) apply to demonstration projects if they substantially affect a community, and that a traditional exclusive-ride taxi service is not a 'mass transportation company' protected
• Jefferson Nat'l Bank OF Miami Beach v. City OF Miami Beach
  354 So. 2d 416· Fla. 3d DCA· 1978-01-17 ·cited 2×
  Jefferson National Bank appealed a trial court's denial of its request for injunctive relief to compel the City of Miami Beach to rezone its property from single-family residential to general office use. The bank argued the existing zoning was confiscatory and not fairly debatabl
• Dole v. Carter
  569 F.2d 1109· 10th Cir.· 1977-12-31 ·cited 2×
  The court held that the dispute over the return of the crown of St. Stephen is a nonjusticiable political question, and thus denied the motion for an injunction pending appeal.
• Gilman v. Chalfonte Condo. Apt. Ass'n, Inc.
  353 So. 2d 905· Fla. 4th DCA· 1977-12-28 ·cited 2×
  The Gilmans appealed an order requiring payment of condominium rent into the court registry pursuant to Florida's condominium statute. The court affirmed the registry order but remanded for the trial court to decide the constitutional challenge to the statute on the merits.
• Castlewood Int'l Corp. v. Simon
  564 F.2d 695· 5th Cir.· 1977-12-09 ·cited 2×
  The court is deferring its decision and certifying a question of Florida law to the Supreme Court of Florida due to the absence of clear controlling precedent.
• Benjamin H. Munson, M.D. v. Janklow
  563 F.2d 933· 8th Cir.· 1977-10-21 ·cited 2×
• Ryan Outdoor Advertising, Inc. v. The United States
  559 F.2d 554· 9th Cir.· 1977-08-22 ·cited 2×
  The court held that the Secretary of the Interior had independent authority to issue regulations banning outdoor advertising on federal lands, and this authority was not preempted by the Highway Beautification Act.
• NEW York Ass'n OF Homes FOR Aging v. Toia
  559 F.2d 876· 2d Cir.· 1977-07-27 ·cited 2×
  The appeals are dismissed for lack of appellate jurisdiction because the district court's orders denying class-based preliminary injunctive relief are not appealable interlocutory orders under 28 U.S.C. § 1292(a)(1).
• McCARTHY v. Dolph Briscoe
  553 F.2d 1005· 5th Cir.· 1977-06-13 ·cited 2×
  The court affirmed the denial of a permanent injunction, finding that the controversy regarding future enforcement of the statute was speculative and that no immediate irreparable injury would occur.
• Vender v. 7900 RED Rd. P'ship
  346 So. 2d 1059· Fla. 3d DCA· 1977-06-07 ·cited 2×
  Bertha Vender appeals a judgment compelling her to perform a settlement agreement negotiated by her attorney without her knowledge or consent. The court affirmed the judgment, holding that the appellant failed to provide an adequate record for appellate review of the factual and
• F. X. Maltz, Ltd. v. Morgenthau
  556 F.2d 123· 2d Cir.· 1977-05-26 ·cited 2×
  The court held that the district court correctly dismissed the complaint for lack of a case or controversy, as the plaintiff failed to demonstrate a sufficiently concrete and imminent threat of prosecution.
• Allen v. Carlotti
  552 F.2d 1086· 5th Cir.· 1977-05-25 ·cited 2×
  The court held that the agency relationship between the seller and the broker remained valid at the time of the sale, entitling the buyer to clear title.
• Delano v. Kitch
  554 F.2d 1004· 10th Cir.· 1977-05-13 ·cited 2×
  The court held that a prior appellate order denying injunctive relief became the law of the case, precluding retrial of the issue of whether shareholders could vote to remove a right of refusal provision from the articles of incorporation.
• Hamilton v. Griffin B. Bell
  551 F.2d 1056· 5th Cir.· 1977-05-09 ·cited 2×
  The court affirmed the district court's denial of injunctive and declaratory relief, finding the prison visitation regulations constitutional.
• W. Helena Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd. & Fed. Sav. & Loan Ins. Corp.
  553 F.2d 1175· 8th Cir.· 1977-04-28 ·cited 2×
  The Federal Home Loan Bank Board cannot reject applications for deposit insurance from state-chartered savings and loan associations based on a lack of economic need for their services, as this power is vested in the state chartering agencies.
• Am. Dredging Co. v. Colonel C. A. Selleck, Jr.
  556 F.2d 180· 3d Cir.· 1977-04-25 ·cited 2×
  The court held that the landowner was required to obtain a federal permit for the floodgate and that the Corps of Engineers was not estopped from enforcing federal law.
• United States v. Mo. Pac. R.R. Co. & the Tex. & Pac. Ry. Co.
  553 F.2d 1156· 8th Cir.· 1977-04-20 ·cited 2×
  The court held that the Federal Railway Administration (FRA) could require a railroad to provide crew members for its test cars and assume liability for their negligence during track inspections, and that formal rule-making was not required for this practice.
• Watson v. Buchanan
  344 So. 2d 644· Fla. 2d DCA· 1977-04-15 ·cited 2×
  The court reversed the dismissal of a complaint seeking injunctive relief for violations of subdivision setback restrictions, finding that such violations can be the subject of injunctive relief.
• Marshel v. AFW Fabric Corp.
  552 F.2d 471· 2d Cir.· 1977-03-17 ·cited 2×
  The court held that injunctive relief is moot due to a state court injunction, and damages claims should be stayed pending resolution of a related Supreme Court case.
• Dema v. State OF Ill.
  546 F.2d 224· 7th Cir.· 1976-12-21 ·cited 2×
  The court held that the district court properly refused to convene a three-judge court and properly dismissed the complaint based on abstention principles.
• A & R Marine Salvage, Inc. v. McALLISTER Lighterage Line, Inc.
  544 F.2d 551· 1st Cir.· 1976-11-17 ·cited 2×
  The federal court had jurisdiction to issue an injunction based on diversity of citizenship, even if admiralty jurisdiction alone might have been insufficient.
• Reed v. Rhodes
  549 F.2d 1046· 6th Cir.· 1976-09-20 ·cited 2×
  The Court granted a stay of the District Court's order and judgment pending appeal, finding that the appellants met the criteria for such a stay.
• Crown Cent. Petroleum Corp. & United Ref. Co. v. Fed. Energy Admin. & Frank G. Zarb
  542 F.2d 69· Temp. Emer. Ct. App.· 1976-09-03 ·cited 2×
  The court held that the Energy Policy and Conservation Act of 1975, specifically Section 403(a), did not require the FEA to prevent the subtraction of entitlements for small refiner purchasers when calculating the Adjusted National Old Oil Supply Ratio, thus not guaranteeing the
• Schneider v. Betti S. Whaley
  541 F.2d 916· 2d Cir.· 1976-08-20 ·cited 2×
  The court held that while plaintiffs are entitled to a hearing, the agency may suspend or terminate assistance pending the hearing if the sole issue is state or federal law or policy, and that the defendants' appeal was moot.
• Stanley Educ. Methods, Inc. v. The Becker C.P.A. Review Course, Inc.
  536 F.2d 86· 5th Cir.· 1976-07-30 ·cited 2×
  The court held that Becker was not equitably estopped from asserting that Stanley's continued use of materials after contract expiration constituted a breach of contract, and that Stanley's breach nullified the non-competition clause.
• Harbolt v. Carpenter
  536 F.2d 791· 8th Cir.· 1976-06-14 ·cited 2×
  The court held that venue for a habeas corpus petition challenging parole revocation procedures is proper where the custodian (Board of Parole) is found, not necessarily where the prisoner is confined.
• Buck v. The Bd. OF Elections OF the City OF NEW York
  536 F.2d 522· 2d Cir.· 1976-05-27 ·cited 2×
  The court held that the complaint failed to allege sufficient facts to establish a substantial federal question or actionable conspiracy under federal civil rights statutes.
• Pinellas Cnty. v. City OF Pinellas Park
  330 So. 2d 106· Fla. 2d DCA· 1976-04-07 ·cited 2×
  Pinellas County appealed a trial court decision that upheld water rate increase restrictions in contracts with the Cities of Pinellas Park and Largo. The appellate court affirmed the restriction on the county's rate increases as to Pinellas Park but reversed as to Largo, holding
• Humana OF Fla., Inc. v. Keller
  329 So. 2d 420· Fla. 1st DCA· 1976-04-02 ·cited 2×
  Humana of Florida sought to enjoin the issuance of a certificate of need for a competitor's hospital construction on grounds that no public hearing was held as required by statute. The court reversed the circuit court's dismissal, holding that because no hearing occurred, the cer
• Stepping Stone Enters., Ltd. v. Davis
  531 F.2d 1· 1st Cir.· 1976-03-11 ·cited 2×
  The court held that the town's licensing ordinance and state statutes were constitutional and did not violate free speech or the right to engage in a lawful occupation, as they were based on legitimate health and safety concerns and did not regulate content.
• Dunn v. Henderson
  529 F.2d 446· 5th Cir.· 1976-03-09 ·cited 2×
  The court held that the district court must make findings of fact and conclusions of law concerning the appellant's claim for damages.
• Singer v. United States Civil Serv. Comm'n
  530 F.2d 247· 9th Cir.· 1976-01-12 ·cited 2×
  The court held that the Civil Service Commission's decision to terminate Singer's employment was supported by substantial evidence and did not violate his constitutional rights, as his public flaunting of his homosexual lifestyle provided a rational basis for finding that it woul
• United Theaters OF Fla., Inc. v. The State of Fla. ex rel. Richard E. Gerstein
  323 So. 2d 309· Fla. 3d DCA· 1975-12-09 ·cited 2×
  The court affirmed obscenity injunctions against theaters but struck down provisions that broadly prohibited exhibition of films without reference to specific films, requiring injunctions to be narrowly tailored to particular works.
• McGHEE v. King
  518 F.2d 791· 5th Cir.· 1975-09-08 ·cited 2×
  The court held that the district court applied erroneous legal standards in assessing claims of systematic exclusion of blacks and women from jury venires.
• Reverend Herman L. Driskell v. Honorable Edwin W. Edwards
  518 F.2d 890· 5th Cir.· 1975-09-05 ·cited 2×
  The court held that the district judge erred in determining the constitutional question was insubstantial, thus requiring a three-judge court.