Injunctive Relief

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

• State of Fla. ex rel. Robert L. Shevin v. Indico Corp.
  319 So. 2d 173· Fla. 1st DCA· 1975-08-28 ·cited 2×
  The Florida First District Court of Appeal reversed a costs judgment against the State Attorney General in a public nuisance abatement action, holding that § 60.05 prohibits assessment of costs against the Attorney General or State Attorney who brings such actions, even when unsu
• Wheeler v. The Durham Cnty. Bd. OF Educ.
  521 F.2d 1136· 4th Cir.· 1975-08-04 ·cited 2×
  The court held that the City school system had not achieved a unitary status due to persistent racial imbalance, requiring further desegregation efforts, while the County system had achieved unitary status.
• Inmates OF the Suffolk Cnty. Jail v. Eisenstadt
  518 F.2d 1241· 1st Cir.· 1975-07-17 ·cited 2×
  The court held that the district court did not abuse its discretion in ordering the city to continue funding the Bail Appeal Project to prevent frustration of its prior single-cell occupancy order.
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN the Dist. OF Columbia Vestry OF Rock Creek Parish
  514 F.2d 1350· D.C. Cir.· 1975-06-23 ·cited 2×
  The court held that the Washington Metropolitan Area Transit Authority (Metro) has the power to condemn a temporary property interest in Rock Creek Cemetery for the limited purpose of conducting eight test borings, and that Metro was not required to join all burial plot owners at
• United States v. Browning
  518 F.2d 714· 10th Cir.· 1975-06-23 ·cited 2×
  The court held that the consent order was clear and unambiguous, prohibiting the dissemination of price lists to dealers without the required disclaimer, regardless of whether the dealers intended to pass them to consumers.
• City OF Miami v. The 20TH Century Club, Inc.
  313 So. 2d 448· Fla. 3d DCA· 1975-06-03 ·cited 2×
  The court held that the city's resolution granting conditional use created a vested right, allowing the appellee to rely on existing zoning for expansion without a new application, provided the expansion was reasonable.
• Manchester Ins. & Indem. Co. v. Hal Allen Mathews
  312 So. 2d 777· Fla. 2d DCA· 1975-05-14 ·cited 2×
  Florida appellate court affirmed dismissal of an insurer's interpleader action seeking to enjoin injured parties from suing, holding that such injunctive relief is not a recognized cause of action in Florida.
• Anti-Defamation League OF B'Nai B'Rith v. Nat'l Mexican Am. Anti-Defamation Comm., Inc.
  510 F.2d 1246· D.C. Cir.· 1975-04-07 ·cited 2×
  The dissenting judge would affirm the lower court's decision, finding the names of the two organizations sufficiently distinct to avoid public confusion.
• Palm Corp. v. 183RD St. Theatre Corp.
  309 So. 2d 566· Fla. 3d DCA· 1975-03-25 ·cited 2×
  The court held that the plaintiff waived its right to enforce a lease provision requiring written consent for subletting, and failed to prove the defendant violated a lease provision regarding the reputation of the premises.
• Buchanan v. Golden Hills Turf & Country Club, Inc.
  308 So. 2d 168· Fla. 1st DCA· 1975-02-19 ·cited 2×
  This is a protracted nuisance case in its eighth year involving a cattle feed-lot operation. After initial reversal and remand by the appellate court, the Florida Supreme Court modified the remand instructions, and on retrial the lower court reissued its original injunction again
• Summers v. United States
  510 F.2d 123· 8th Cir.· 1975-02-05 ·cited 2×
  The court affirmed the denial of damages and relief, finding that a subsequent amendment to the National Housing Act provided an exclusive administrative remedy for the issues raised.
• Int'l Westminster Bank Ltd. & Coutts & Co. v. Fed. Deposit Ins. Corp.
  509 F.2d 641· 9th Cir.· 1975-01-08 ·cited 2×
  The court held that the appellants' complaint failed to state a claim for equitable relief due to lack of alleged irreparable harm and inadequate legal remedy, but erred in dismissing the action without allowing an opportunity to amend.
• Broderick v. di Grazia
  504 F.2d 643· 1st Cir.· 1974-10-25 ·cited 2×
  The court held that the plaintiffs' claims were not ripe for judicial review and thus did not state a claim upon which relief could be granted.
• Roebuck v. Fla. Dep't OF Health & Rehabilitative Servs., Inc.
  502 F.2d 1105· 5th Cir.· 1974-10-11 ·cited 2×
  The court held that the district court improperly dismissed the action based solely on Employees v. Missouri Public Health Department, as other grounds for dismissal were not ruled upon.
• ART Theatre Guild, Inc. v. Parrish
  503 F.2d 133· 6th Cir.· 1974-09-24 ·cited 2×
  The court held that while the government is entitled to retain one copy of allegedly obscene material as evidence in a criminal prosecution, it must permit the exhibitor to copy the material if other copies are unavailable, to allow continued exhibition pending a judicial determi
• Clark Merrill v. Dade Cnty. Canvassing Bd.
  300 So. 2d 28· Fla. 3d DCA· 1974-09-19 ·cited 2×
  Clark Merrill, a Democratic primary candidate for Florida House District 115, challenges the Dade County Canvassing Board's decision to exclude votes cast for a withdrawn candidate, Clara Oesterle, from the election results. The court reverses the lower court's decision, holding
• Kelley v. United States
  503 F.2d 93· 9th Cir.· 1974-09-11 ·cited 2×
  A taxpayer cannot directly enjoin the IRS from enforcing a summons for bank records; the proper remedy is to intervene in a subsequent judicial enforcement proceeding, but the bank may be temporarily restrained from compliance.
• Mathews v. Little
  498 F.2d 1068· 5th Cir.· 1974-08-19 ·cited 2×
  The court held that Atlanta's requirement of a petition signed by two percent of registered voters is a reasonable alternative to a filing fee for ballot access, consistent with constitutional standards.
• Beairb-Poulan, Inc. v. Dep't OF Highways
  497 F.2d 54· 5th Cir.· 1974-07-05 ·cited 2×
  The court held that Louisiana's laws did not render it unable to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, despite not being explicitly required to pay relocation costs under state law.
• Tobler v. Beckett
  297 So. 2d 59· Fla. 2d DCA· 1974-06-26 ·cited 2×
  Raymond Tobler appealed the denial of his request for injunctive relief and declaratory judgment challenging a city zoning ordinance prohibiting his massage parlor operation, and also challenged the validity of the municipal court prosecuting him. The court affirmed the lower cou
• Jimenez v. Hidalgo Cnty. Water Improvement Dist. NO. 2
  496 F.2d 113· 5th Cir.· 1974-06-17 ·cited 2×
  The court held that the plaintiffs' constitutional attack on the statute was not insubstantial, requiring a three-judge court.
• State v. Samscot Enters., Inc.
  297 So. 2d 69· Fla. 4th DCA· 1974-06-14 ·cited 2×
  The State of Florida sought to enjoin a movie theater from exhibiting obscene films. The trial court found the films obscene but denied permanent injunctive relief, reasoning the State failed to prove irreparable harm and the defendant's intent to continue exhibition. The appella
• DOE v. Honorable Calvin L. Rampton
  497 F.2d 1032· 10th Cir.· 1974-06-07 ·cited 2×
  State regulations requiring AFDC recipients to cooperate in identifying and locating absent parents are void as conflicting with federal law, despite a recent HEW amendment.
• Kline v. Cason Rankin
  489 F.2d 387· 5th Cir.· 1974-02-11 ·cited 2×
  The court held that the district court erred in dismissing the complaint without convening a three-judge court, as the constitutional claims were not insubstantial due to res judicata.
• Fred and Dorothy Joiner v. City OF Dallas
  488 F.2d 519· 5th Cir.· 1974-01-17 ·cited 2×
  The court held that 42 U.S.C. § 1983 provides an exception to the anti-injunction statute, granting federal courts jurisdiction to enjoin state proceedings when property rights are at issue. The court also found that federal courts should consider injunction claims under Younger
• Chrysler Corp. v. Dunlop
  490 F.2d 985· Temp. Emer. Ct. App.· 1973-12-05 ·cited 2×
  The court held that the trial court erred by not determining if the Cost of Living Council's order deferring a price increase was supported by substantial evidence.
• State v. Turner
  285 So. 2d 623· Fla. 4th DCA· 1973-11-23 ·cited 2×
• Ridley v. Hopper
  485 F.2d 1377· 5th Cir.· 1973-11-02 ·cited 2×
  The court held that the prisoners' request for injunctive relief against conditions at Reidsville was moot because they had been transferred to another facility.
• Jim v. Fisher
  484 F.2d 1099· 10th Cir.· 1973-09-10 ·cited 2×
  A litigant who freely and without reservation submits federal claims for decision in state court after federal abstention has elected to forego their right to return to federal court.
• Yellow CAB Co. OF Boca Raton, Inc. v. Broward Cnty.
  282 So. 2d 1· Fla. 4th DCA· 1973-08-29 ·cited 2×
  Yellow Cab Company challenged an injunction prohibiting it from picking up passengers at Fort Lauderdale Airport, arguing the county's exclusive franchise to Airocar violated interstate commerce principles. The court affirmed the injunction but held that while the county cannot g
• James v. Cent. & S. Fla. Flood Control Dist.
  281 So. 2d 402· Fla. 3d DCA· 1973-07-10 ·cited 2×
  A Florida appellate court affirmed the trial court's dismissal of a condemnation action brought by a flood control district against property owners, finding that the district's construction of a salinity structure impaired but did not take compensable riparian rights of navigatio
• Aleman-Fiero v. Immigr. & Naturalization Serv.
  481 F.2d 601· 5th Cir.· 1973-06-28 ·cited 2×
  The court held that an alien's departure from the United States while deportation proceedings are pending constitutes a withdrawal of their appeal, and the initial deportation order becomes final.
• Stephens v. Bd. OF Cnty. Comm'rs OF Okaloosa Cnty.
  278 So. 2d 269· Fla.· 1973-05-09 ·cited 2×
  The court held that the special law authorizing Okaloosa County to regulate garbage collection and the county resolution were constitutional, except for a specific penalty provision in the resolution which was unconstitutional.
• Associated Students OF W. Ky. Univ. v. Dero G. Downing
  475 F.2d 1132· 6th Cir.· 1973-03-28 ·cited 2×
  The court held that the University's cancellation of a film contract was within its rights and did not violate constitutional guaranties.
• Millenson v. The NEW Hotel Monteleone, Inc.
  475 F.2d 736· 5th Cir.· 1973-03-23 ·cited 2×
  The court held that the issuance of regulatory licenses to a public accommodation by a state does not sufficiently connect the accommodation's admission policies to state authority to constitute state action.
• Kenny v. Hampton
  475 F.2d 1323· D.C. Cir.· 1973-03-15 ·cited 2×
  The court held that the Civil Service Commission's interpretation of cost-of-living annuity increase provisions, limiting benefits to those already receiving or entitled to immediate annuities, was rational and constitutional. The court also found no infirmity in the distinctions
• Keane v. Nat'l Democratic Party
  475 F.2d 1287· D.C. Cir.· 1973-02-16 ·cited 2×
  The court held that while some claims were moot due to subsequent events, others were not justiciable for intervention, affirming the dismissal of the complaint and counter-complaint.
• In re Hawks v. Pearson
  471 F.2d 305· 4th Cir.· 1973-01-19 ·cited 2×
  A party waives the right to collaterally attack a bankruptcy court's jurisdiction over a Chapter XIII proceeding if they fail to object at the initial hearing where jurisdiction is determined.
• United Transp. Union E v. Burlington N., Inc.
  470 F.2d 813· 8th Cir.· 1972-12-18 ·cited 2×
  The court held that the dispute was within the exclusive jurisdiction of the National Railroad Adjustment Board and that injunctive relief was not warranted pending the Board's decision.
• Huynh Van Hong v. Agency FOR Int'l Dev.
  470 F.2d 507· 9th Cir.· 1972-11-28 ·cited 2×
  The court held that the district court erred in dissolving the restraining order because the alien was not required to exhaust administrative remedies with the I.N.S. for his contract claims.
• City OF N. Miami v. Outrigger Club, Inc.
  269 So. 2d 12· Fla. 3d DCA· 1972-11-21 ·cited 2×
  The court held that the forty-foot height limitation in Section 29-50 does not apply to buildings constructed under the 1-B1 zoning district regulations when incorporated into a 2-C district, and that the city must review the building plans.
• Startz v. Cullen
  468 F.2d 560· 2d Cir.· 1972-10-30 ·cited 2×
  The court held that the prison authorities' efforts to manage the prisoner's medical condition were sincere and reasonable, thus not rising to the level of a constitutional violation.
• Widmer v. Stokes
  464 F.2d 592· 5th Cir.· 1972-07-24 ·cited 2×
  The court held that the district court did not err in dismissing the complaint seeking declaratory and injunctive relief, as intervention in ongoing criminal proceedings was unwarranted.
• Woods v. Warden Yeager and Lt. Glover
  463 F.2d 223· 3d Cir.· 1972-07-10 ·cited 2×
  The court held that a prisoner's complaint alleging a single instance of mail examination and disapproval, without alleged monetary damage or need for injunctive relief, fails to state a claim under the Civil Rights Act.
• Senator C. J. Benson v. Beens
  456 F.2d 244· 8th Cir.· 1972-03-13 ·cited 2×
  This court lacks jurisdiction to hear an appeal from an order denying leave to intervene in a case where the principal judgment is directly appealable to the Supreme Court.
• West Tennessee Aclu v. City OF Memphis
  454 F.2d 1162· 6th Cir.· 1972-01-25 ·cited 2×
  The court held that the district court should have dismissed the action and allowed parties to resort to state courts for relief based on state law.
• Boyd Henson Campbell v. Commonwealth OF Va.
  453 F.2d 1230· 10th Cir.· 1972-01-24 ·cited 2×
  The court held that the federal district court properly denied relief because the Interstate Agreement on Detainers Act was not yet effective when the detainer was lodged and the prisoner's remedy lay with the state court.
• State Bd. of Funeral Directors & Embalmers of Fla. v. Evans
  256 So. 2d 574· Fla. 1st DCA· 1972-01-11 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's denial of a temporary injunction sought by the State Board of Funeral Directors and Embalmers to stop George Evans from unlawfully practicing funeral directing and embalming without a license. The court held that the a
• Walton Dacus Haining v. Roberts
  453 F.2d 1223· 5th Cir.· 1971-12-29 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because appeals from orders of a three-judge court in cases requiring such a panel lie with the Supreme Court, not the Court of Appeals.
• Williams v. Judge Jerome Chamberlain
  452 F.2d 607· 5th Cir.· 1971-12-10 ·cited 2×
  The court held that all contentions raised by the appellant are matters for appeal within the Texas state court system.