Injunctive Relief

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

• Rowan v. Pinnell
  453 F.2d 963· 5th Cir.· 1971-11-23 ·cited 2×
  The court held that the district court properly denied the request for a three-judge court and dismissed the constitutional claim as not justiciable.
• O'Brien v. Gale J. Apple, Inc.
  253 So. 2d 717· Fla. 2d DCA· 1971-10-08 ·cited 2×
  The O'Briens sought injunctive relief to remove a dock constructed by their neighbors' predecessor in title, claiming it violated a restrictive covenant limiting riparian use. The trial court dismissed the suit, ruling that riparian rights cannot be restricted by private covenant
• Mindo v. NEW Jersey Dep't OF Labor & Indus.
  443 F.2d 824· 3d Cir.· 1971-06-07 ·cited 2×
  The court held that the district court's dismissal order should be vacated and the case remanded for further proceedings regarding the constitutionality of the unemployment benefit suspension statute.
• RAY v. Foreman
  441 F.2d 1266· 6th Cir.· 1971-04-29 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to support claims of conspiracy, fraudulent inducement, or violation of civil rights, and affirmed the district court's dismissal.
• Locks v. Laird
  441 F.2d 479· 9th Cir.· 1971-04-20 ·cited 2×
  Members of the military may not challenge the constitutionality of service regulations in federal civilian courts by seeking declaratory and injunctive relief after court-martial proceedings have commenced.
• The DAY Cos., Inc. v. Claud T. Patat, Jr.
  440 F.2d 1343· 5th Cir.· 1971-04-16 ·cited 2×
  The court held that the covenant not to compete applied to all customers purchasing manufactured goods from Farris at the time of sale, and that the Patats were properly included in injunctive relief due to complicity.
• Sec. & Exch. Comm'n v. Barraco
  438 F.2d 97· 10th Cir.· 1971-03-05 ·cited 2×
  The court held that the Securities and Exchange Act of 1934 grants courts the inherent equitable power to enjoin individuals who aid and abet violations, not just the primary violators.
• Jones v. Vineyard
  438 F.2d 1231· 5th Cir.· 1971-03-03 ·cited 2×
  The court held that the district court correctly denied habeas corpus relief because the appellant failed to exhaust available state remedies.
• Bhd. of Locomotive Firemen & Enginemen v. Atchison
  442 F.2d 794· D.C. Cir.· 1971-02-19 ·cited 2×
  The court held that a quantitative test for 'new runs' based on total crew numbers is invalid, and that runs restored after expiration are not 'new' if they were listed during the Award period, but significant alterations can constitute a 'new run' requiring a fireman.
• Dick Rheingans v. Mitchell
  438 F.2d 345· 9th Cir.· 1971-02-05 ·cited 2×
  A Selective Service registrant classified 1-0 cannot bring a civil action to compel his Board to reopen his classification prior to compliance with an order to report for civilian work.
• Charlotte Cnty. v. Venture OUT IN Am., Inc.
  243 So. 2d 249· Fla. 2d DCA· 1971-01-20 ·cited 2×
  Charlotte County appealed an order denying its motion to dismiss a declaratory judgment action in which a developer sought to enjoin the county from rezoning property. The court reversed, holding that the action was premature because the rezoning had not yet occurred and the exac
• Rodriguez v. The Honorable Archie S. Brown
  437 F.2d 34· 5th Cir.· 1971-01-07 ·cited 2×
  The court held that property qualifications for public office, such as serving on a grand jury commission, raise substantial constitutional questions requiring a three-judge court.
• Latham v. Tynan
  435 F.2d 1248· 2d Cir.· 1970-12-16 ·cited 2×
  The court held that the claim of unconstitutionality of Connecticut's Motor Vehicle Financial Responsibility Act was not so unsubstantial as to avoid the requirement of a three-judge district court.
• Nat'l Labor Relations Bd. v. Nash-Finch Co.
  434 F.2d 971· 8th Cir.· 1970-12-02 ·cited 2×
  A federal court cannot enjoin state court proceedings under 28 U.S.C. § 2283 unless an express statutory exception applies, and the National Labor Relations Board, as an agency, is subject to this prohibition.
• Mosley v. Police Dep't OF the City OF Chicago
  432 F.2d 1256· 7th Cir.· 1970-10-29 ·cited 2×
  The court held that the Chicago ordinance prohibiting picketing within 150 feet of a school during school hours was unconstitutionally overbroad on its face.
• Dostal v. Stokes
  430 F.2d 1299· 6th Cir.· 1970-08-07 ·cited 2×
  The court held that the denial of injunctive relief was a final, appealable order, but affirmed the district court's decision to deny the injunction on grounds of comity.
• Harvest v. Bd. OF Pub. Instruction Manatee Cnty.
  429 F.2d 414· 5th Cir.· 1970-06-26 ·cited 2×
• Campbell v. Supreme Court OF Fla.
  428 F.2d 449· 5th Cir.· 1970-06-16 ·cited 2×
• Boyk v. Mitchell
  425 F.2d 263· 6th Cir.· 1970-04-21 ·cited 2×
  The court affirmed the dismissal, holding that judicial review of draft classifications is barred except in criminal prosecutions.
• Fletcher's GIN, Inc. v. Les E. Crihfield & Lake Chisholm Outing Club
  423 F.2d 1066· 6th Cir.· 1970-04-09 ·cited 2×
  The court held that the plaintiff's cause of action for damages caused by a permanent nuisance was barred by Tennessee's three-year statute of limitations.
• Rasmussen v. United States
  421 F.2d 776· 8th Cir.· 1970-02-05 ·cited 2×
  Plaintiffs lacked standing to seek judicial review because they did not demonstrate a legally recognized interest, and the Postmaster General's decision was committed to agency discretion by law.
• Boyle v. Landry
  422 F.2d 631· 7th Cir.· 1970-02-05 ·cited 2×
  The district court abused its discretion by enjoining state prosecutions based on a finding of lack of probable cause, as this violates the anti-injunction statute and general principles against federal interference with state criminal proceedings.
• Brotherhood OF Locomotive Firemen AND Enginemen v. The Detroit & Toledo Shore Line R.R. Co.
  421 F.2d 660· 6th Cir.· 1970-01-22 ·cited 2×
  The court held that the 1943 Eastern Diesel Agreement was not superseded by a later contract and remains in effect, and that the dispute is a 'major dispute' allowing for injunctive relief.
• Taggart v. City OF Grand Prairie
  421 F.2d 1301· 5th Cir.· 1970-01-22 ·cited 2×
  The court held that the district court properly dismissed the case for lack of jurisdiction and failure to state a claim presenting a substantial federal question.
• The Wash. Free Cmty., Inc. v. Wilson
  426 F.2d 1213· D.C. Cir.· 1969-12-19 ·cited 2×
  The court held that the District Court did not abuse its discretion in denying a preliminary injunction, as the plaintiffs failed to demonstrate imminent and irreparable injury.
• Williams v. Iberville Parish Sch. Bd.
  421 F.2d 161· 5th Cir.· 1969-12-12 ·cited 2×
  The court held that recent Supreme Court decisions require immediate operation of unitary school systems, necessitating reversal and remand of the district court's order.
• Welton J. Charles v. Ascension Parish Sch. Bd.
  421 F.2d 656· 5th Cir.· 1969-12-11 ·cited 2×
  The court held that the district court's order adopting a desegregation plan was improper and must be vacated and remanded to conform with Supreme Court mandates requiring immediate operation of unitary school systems.
• United States v. Gramer
  418 F.2d 692· 5th Cir.· 1969-10-10 ·cited 2×
  The court held that while the district court's decree provided all necessary relief under the Civil Rights Act, it failed to make formal findings of fact and conclusions of law as required by Rule 52(a).
• Penn Cent. Co. v. Buckley & Co., Inc.
  415 F.2d 762· 3d Cir.· 1969-08-05 ·cited 2×
  The court held that the denial of injunctive relief was a permissible exercise of equitable discretion based on the record.
• N. Fla. Water Co. v. City OF Marianna
  225 So. 2d 450· Fla. 1st DCA· 1969-08-05 ·cited 2×
  North Florida Water Company appealed a trial court's denial of its request for rate increases for water service to the City of Marianna. The appellate court affirmed the trial court's finding that the city's rate ordinance was constitutionally valid and reasonable, and that the r
• Schultz v. Cadillac Assocs., Inc.
  413 F.2d 1215· 7th Cir.· 1969-07-25 ·cited 2×
  The court held that employment counsellors were employees under the Fair Labor Standards Act, and the agencies violated minimum wage, overtime, and record-keeping provisions.
• Griffin v. Fla. Citrus Comm'n
  32 Fla. Supp. 139· Lake Cty. Cir. Ct.· 1969-06-27 ·cited 2×
  The court held that the marketing order and the statute authorizing it were void due to unlawful delegation of legislative authority, specifically regarding the commission's powers to underwrite, subsidize, and engage in broad purchasing/selling of processed orange products, and
• Head v. Chavez
  411 F.2d 1222· 9th Cir.· 1969-05-29 ·cited 2×
  The court held that the appellant's allegations of a violation of state parole revocation procedures do not present a substantial federal constitutional question.
• Willett Wilson v. City OF Port Lavaca
  409 F.2d 1362· 5th Cir.· 1969-04-28 ·cited 2×
  The court held that the appellant's claim for injunctive and declaratory relief was not within the scope of the statute for a three-judge court and did not state a cause of action appropriate for judicial relief.
• Anson Graves v. Walton Cnty. Bd. OF Educ.
  410 F.2d 1153· 5th Cir.· 1969-04-11 ·cited 2×
• McCORMICK v. McCORMICK
  220 So. 2d 654· Fla. 4th DCA· 1969-03-27 ·cited 2×
  In this property dispute, the trial court found that two parties each owned an undivided one-half interest in a trailer park but then permanently enjoined the plaintiff from entering the property despite her co-ownership status. The appellate court held that such an injunction vi
• Abner's Int'l, Inc. v. Abner's Beef House Corp.
  220 So. 2d 683· Fla. 3d DCA· 1969-03-11 ·cited 2×
  The court affirmed the trial court's dismissal of both the plaintiff's and defendants' claims, holding that neither party had acquired exclusive rights to the service mark 'Abner's' through common usage, despite the plaintiff's proper registration under Chapter 495.
• Metro. Dade Cnty. v. Fla. Processing Co.
  218 So. 2d 474· Fla. 3d DCA· 1969-02-11 ·cited 2×
  Metropolitan Dade County appealed a circuit court order maintaining an injunction that prevented enforcement of a Cease and Desist Order against Florida Processing Company's fat-processing business and enjoined related criminal proceedings. The District Court affirmed the lower c
• Knepper v. Slovak
  31 Fla. Supp. 131· Palm Beach Cty. Cir. Ct.· 1968-12-20 ·cited 2×
  Homeowners sued adjoining property owners for damages caused by tree roots and branches on the boundary line, seeking damages and an injunction to remove the trees. The court held that because trees straddling a boundary line are common property of both owners, and because the pl
• Liberty Equities Corp. v. Joe's Creek Indus. Park, Inc.
  214 So. 2d 888· Fla. 2d DCA· 1968-10-30 ·cited 2×
  Liberty Equities leased land to Joe's Creek Industrial Park with purchase options. When Liberty threatened cancellation, Joe's Creek sought injunctive relief including a mandatory injunction requiring Liberty to convey property parcels to third-party purchasers. The appellate cou
• Rev. George Sawyer v. Robbins
  213 So. 2d 515· Fla. 3d DCA· 1968-08-20 ·cited 2×
  Reverend Sawyer sued his landlord seeking injunctive relief under Florida's nuisance statute, arguing that the landlord's violation of Miami's minimum housing code (specifically providing inadequate hot water) constituted a nuisance. The court affirmed dismissal, holding that a h
• Moskowitz v. Kindt
  394 F.2d 648· 3d Cir.· 1968-05-13 ·cited 2×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction because the appellant failed to exhaust administrative remedies and there was no basis in fact for his classification.
• Hunter v. United States
  388 F.2d 148· 9th Cir.· 1967-12-19 ·cited 2×
  The court held that while the defendant established a right to water appropriation under federal law, this right did not automatically grant an easement for grazing livestock on public lands. However, a right of way for diverting the water was recognized.
• United States v. Holmes Cnty.
  385 F.2d 145· 5th Cir.· 1967-10-24 ·cited 2×
  The court held that a county is a 'person' under 42 U.S.C.A. § 1971 and that the trial court erred in not finding a pattern and practice of intimidation by the Sheriff.
• Smith v. Bd. OF Comm'rs OF the Dist. OF Columbia
  380 F.2d 632· D.C. Cir.· 1967-06-23 ·cited 2×
  The court held that the appellants failed to exhaust their administrative remedies before seeking judicial relief, as a sufficient administrative process was available to address their claims.
• Amsley v. W. Va. Racing Comm'n
  378 F.2d 815· 4th Cir.· 1967-05-29 ·cited 2×
  A plaintiff is not required to exhaust state judicial remedies before seeking federal court relief for alleged constitutional deprivations by a state administrative agency acting in a judicial capacity.
• Sebastian River Drainage Dist. v. Ansin
  29 Fla. Supp. 77· Indian River Cty. Cir. Ct.· 1967-05-16 ·cited 2×
  Sebastian River Drainage District sought declaratory and injunctive relief against landowners Ansin and Corrigan regarding the scope of drainage rights granted by a 1942 easement. The court held that while the defendants retained basic rights to drain surface water and maintain D
• Maxwell v. Pine GAS Corp.
  195 So. 2d 602· Fla. 4th DCA· 1967-02-28 ·cited 2×
  A tax assessor appeals an interlocutory order requiring production of worksheets and tax returns of similarly situated gas companies in a dispute over property tax assessments. The court affirms, holding that public records are generally open to inspection and that federal tax in
• Smith v. Jacksonville Terminal Emps. Fed. Credit Union
  193 So. 2d 436· Fla. 1st DCA· 1967-01-12 ·cited 2×
  The appellate court affirmed the dismissal of a complaint seeking a judicial declaration of rights under an insurance contract, finding that the allegations did not present a justiciable issue and that the cause of action, if any, was at law.
• Wirtz v. Williams
  369 F.2d 783· 5th Cir.· 1966-12-01 ·cited 2×
  The court held that the appellee violated the Fair Labor Standards Act by failing to keep accurate records of employee hours and by improperly calculating overtime pay, and that a bookkeeper did not qualify for the executive exemption.