Injunctive Relief

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

• Orkin Exterminating Co., Inc. v. Howell
  28 Fla. Supp. 1· Volusia Cty. Cir. Ct.· 1966-09-26 ·cited 2×
  Orkin Exterminating Company sought injunctive relief against former employees who violated non-compete agreements by engaging in pest control business in the same territory. The court granted a temporary restraining order, finding that Florida law authorizes reasonable non-compet
• Daniel v. Earlene V. Williams
  189 So. 2d 640· Fla. 2d DCA· 1966-08-31 ·cited 2×
  The court held that the complaint was procedurally improper for challenging a statute's constitutionality and failed to adequately plead irreparable injury.
• Order OF Railway Conductors AND Brakemen v. Spokane
  366 F.2d 99· 9th Cir.· 1966-08-18 ·cited 2×
  The court should affirm the lower court's decision, as the dispute is a minor dispute under section 3, not a major dispute under section 6.
• Pitts v. Elvin H. Kunsman
  363 F.2d 841· 3d Cir.· 1966-07-27 ·cited 2×
  The court held that the district court's order enjoining the Committee from assessing, levying, or collecting taxes is stayed, as federal courts are limited in enjoining state tax collection.
• Hall v. The State OF NEW York
  359 F.2d 26· 2d Cir.· 1966-04-01 ·cited 2×
  The court held that the district court properly dismissed the appellant's petition because it failed to meet the jurisdictional requirements for convening a three-judge court under 28 U.S.C. § 2281 and federal courts should not interfere with ongoing state criminal proceedings.
• NEW York v. Brotherhood OF Locomotive Firemen AND Enginemen
  358 F.2d 464· 6th Cir.· 1966-03-29 ·cited 2×
  The court held that while the district court had jurisdiction to issue an injunction, it should have been conditioned upon the railroad seeking an immediate interpretation from the Arbitration Board regarding the method of job elimination.
• R.R. Transfer Serv., Inc. v. The City OF Chicago
  358 F.2d 55· 7th Cir.· 1966-03-10 ·cited 2×
  The court should reverse the order of dismissal because the city's ordinance provisions are not within its permissible regulatory authority.
• First La. Inv. Corp. v. United States
  351 F.2d 495· 5th Cir.· 1965-10-11 ·cited 2×
  The court held that the district court did not err in granting a preliminary injunction and appointing a receiver.
• Am. Fed'n OF Musicians v. City OF W. Palm Beach
  179 So. 2d 134· Fla. 2d DCA· 1965-09-13 ·cited 2×
  The court held that the plaintiff's complaint did not sufficiently allege facts to warrant declaratory or injunctive relief against the city's occupational license tax.
• Royal News Co. v. Schultz
  350 F.2d 302· 6th Cir.· 1965-08-19 ·cited 2×
  The court held that an injunction must be specific in its terms and modified the district court's order to clarify its scope regarding state statutes versus a municipal ordinance.
• S. Dade Tel. Answering & Dictating Serv., Inc. v. S. Bell Tel. & Tel. Co.
  25 Fla. Supp. 175· Dade Cty. Cir. Ct.· 1965-07-18 ·cited 2×
  A corporation cannot use Florida's fictitious name statute to compel a telephone company to publish fictitious business names in the yellow pages, as corporations are expressly excepted from that statute's protections.
• Interstate Commerce Comm'n v. Atl. Coast Line R. Co.
  334 F.2d 46· 5th Cir.· 1964-07-08 ·cited 2×
  A carrier may sue to set aside an Interstate Commerce Commission reparation award under § 17(9) and related statutes, rather than being limited to defending in the shipper's § 16(2) enforcement suit.
• Ill. Cent. R.R. Co. v. Brotherhood OF Locomotive Firemen AND Enginemen
  332 F.2d 850· 7th Cir.· 1964-06-22 ·cited 2×
  The court held that the dispute over transportation to a new tie-up point was a 'minor dispute' under the Railway Labor Act, allowing for injunctive relief despite the Norris-LaGuardia Act.
• Burl Pickett and H. T. Showalter v. The NEW York Cent. R.R. & Bhd. of Locomotive Firemen & Enginemen
  332 F.2d 968· 7th Cir.· 1964-06-17 ·cited 2×
  The court held that the District Court correctly dismissed the action for lack of subject matter jurisdiction, as the claims involved interpretation of a collective bargaining agreement committed to the National Railroad Adjustment Board.
• Scherer & Sons, Inc. v. Int'l Ladies' Garment Workers' Union
  163 So. 2d 306· Fla. 3d DCA· 1964-04-14 ·cited 2×
  Scherer & Sons appealed the trial court's dismissal of its amended complaint seeking injunctive relief against a union for alleged violations of Florida's restraint-of-trade statute. The appellate court reversed, holding that the trial court erred by dismissing the complaint with
• The Borden Co. v. Andrews
  161 So. 2d 554· Fla. 2d DCA· 1964-03-11 ·cited 2×
  Borden Company, a milk distributor, appealed a lower court's dismissal of its action seeking to declare invalid a Florida Milk Commission rule fixing minimum prices for milk producers in the Pensacola area. The appellate court affirmed the lower court's decision, rejecting Borden
• Hardy v. O'Grady
  159 So. 2d 908· Fla. 3d DCA· 1964-01-21 ·cited 2×
  Hardy and Trantafilu, former employees of a private transit company, appealed a court order invalidating the Dade County Commission's creation of an emergency eligibility list for county transit employment limited to former private transit employees. The court affirmed the lower
• Cnty. OF Sarasota v. Neville
  158 So. 2d 533· Fla. 2d DCA· 1963-12-04 ·cited 2×
  Sarasota County appealed an order dropping it as a party plaintiff in an enforcement action against landowners who allegedly violated state law by filling navigable waters without permits. The court affirmed, holding that the Sarasota County Water and Navigation Control Authority
• Jarrell v. City OF Wildwood
  149 So. 2d 904· Fla. 2d DCA· 1963-02-20 ·cited 2×
  Frank Jarrell sought to redeem property from a tax sale by offering to pay only outstanding 1955 tax certificates, but the trial court rejected his redemption claim and validated tax deeds held by the Wines. The appellate court affirmed, holding that redemption requires payment o
• United States v. Binder
  313 F.2d 243· 6th Cir.· 1963-01-31 ·cited 2×
  The court denied the preliminary motion for injunctive relief, stating that requests for modification of parole conditions should be addressed to the Parole Board, not the court.
• Withlacoochee River Elec. Coop., Inc. v. Tampa Elec. Co.
  148 So. 2d 732· Fla. 2d DCA· 1962-11-28 ·cited 2×
  The court held that the electric cooperative's activities exceeded its statutory purpose and violated plain language and spirit of the law, entitling the public utility to injunctive relief.
• Wirtz v. DuMONT
  309 F.2d 152· 4th Cir.· 1962-10-09 ·cited 2×
  The court held that the employer failed to meet the burden of proof for the retail establishment exemption under the Fair Labor Standards Act because a substantial portion of sales were for resale.
• Clouser v. King David
  309 F.2d 233· D.C. Cir.· 1962-10-04 ·cited 2×
  The court held that a landowner's personal financial hardship, not stemming from the property's exceptional characteristics, is insufficient to justify a zoning variance.
• Fla. Real Est. Comm'n v. Indian Lake Ests., Inc.
  143 So. 2d 667· Fla. 2d DCA· 1962-07-27 ·cited 2×
  The court held that the circulation of real estate advertising outside the state, even if limited to stockholders, constitutes 'publication' under the statute if the purpose is to induce the purchase of Florida real estate.
• Loehde v. Wis. River Power Co.
  304 F.2d 433· 7th Cir.· 1962-06-12 ·cited 2×
  The court held that the trial court did not err in measuring damages by the difference in property value before and after excavation and inundation, nor in limiting injunctive relief to protection against further erosion.
• Hernandez-Avila v. Boyd
  294 F.2d 373· 9th Cir.· 1961-09-01 ·cited 2×
  An individual claiming United States citizenship, who is subject to deportation proceedings, is not entitled to release from custody pending a judicial determination of their citizenship.
• Humboldt Placer Mining Co. v. Best
  293 F.2d 553· 9th Cir.· 1961-08-18 ·cited 2×
  The court held that the district court erred in refusing to enjoin administrative proceedings concerning mining claim validity, as that issue was already properly before the court in a condemnation action.
• Wyatt v. Parker
  128 So. 2d 431· Fla. 2d DCA· 1961-04-05 ·cited 2×
  Grace Parker obtained a perpetual easement and right-of-way over adjacent property owned by the Wyatts when they sold her land in 1950. The Wyatts later objected to Parker's tenants using rest rooms accessible from the property and erected a barricade on the easement. The court a
• Bhd. OF Locomotive Firemen & Enginemen v. Butte
  286 F.2d 706· 9th Cir.· 1961-01-10 ·cited 2×
  The court held that appellants could not use supplemental pleadings to seek restoration of the status quo, as the original decree did not order such relief and their claims were untimely.
• Zannaras v. Bagdad Copper Corp.
  284 F.2d 147· 9th Cir.· 1960-11-17 ·cited 2×
  The court held that the district court's denial of damages was proper due to lack of evidence, and the injunction's form was reasonable given the limited nature of Zannaras' water rights and the policy against water waste.
• State Rd. Dep't OF Fla. v. Frugoli
  123 So. 2d 473· Fla. 1st DCA· 1960-10-06 ·cited 2×
  The State Road Department appealed a dismissal of its complaint seeking mandatory injunction to remove encroaching property improvements from a public highway right of way. The court held that the complaint, despite being poorly pleaded, sufficiently alleged a cause of action for
• United States v. Wier
  281 F.2d 850· 5th Cir.· 1960-08-08 ·cited 2×
  The court held that the judgment was not final and therefore unappealable because the district court explicitly retained jurisdiction for further proceedings. The dissent argued that the majority erred in substituting its judgment for the trial court's findings of fact and in its
• Cameron v. Miami Ventilated Awning MFG. Co., Inc.
  122 So. 2d 582· Fla. 3d DCA· 1960-07-28 ·cited 2×
  The court addressed the scope of an injunction against a competitor in the ventilated awning market, holding that while the original patent holder's successors could prevent use of 'ventilated' in trade names/trademarks, they could not restrict competitors from using 'ventilated'
• Dade Cnty. v. City OF Miami Beach
  16 Fla. Supp. 145· Dade Cty. Cir. Ct.· 1960-06-27 ·cited 2×
  Dade County sought a declaratory judgment and injunction to enforce its countywide traffic ordinance and metropolitan court against two municipalities that refused to recognize these ordinances. The court held that the Dade County home rule amendment expressly authorized the coun
• Commerce OIL Ref. Corp. v. Miner
  281 F.2d 465· 1st Cir.· 1960-06-16 ·cited 2×
  The court held that the lower court erred in finding the proposed refinery would constitute a nuisance based on speculative evidence of gas emissions and that ordinance validity was not necessary to the disposition.
• Welch v. Graves Bros. Co.
  117 So. 2d 853· Fla. 2d DCA· 1960-01-13 ·cited 2×
  The court held that if a complaint states any grounds for equitable relief, equity jurisdiction is established and should be retained, even if some claims might have an adequate remedy at law.
• Local NO. 728 v. Schreck
  116 So. 2d 248· Fla. 2d DCA· 1959-12-09 ·cited 2×
  A state court has jurisdiction to enjoin peaceful picketing when the controversy does not affect interstate commerce, as federal law grants exclusive jurisdiction to the National Labor Relations Board only in such cases.
• Fla. Indus. Comm'n v. Hurlbert
  114 So. 2d 209· Fla. 1st DCA· 1959-08-18 ·cited 2×
  The Florida Industrial Commission sought an injunction to prevent Hurlbert from operating an unlicensed nurses' registry. The circuit court denied the injunction despite the defendant's failure to defend, claiming the Commission had an alternative criminal remedy. The appellate c
• Barnes v. City OF Gadsden
  268 F.2d 593· 5th Cir.· 1959-06-30 ·cited 2×
  The court affirmed the district court's denial of an injunction but reversed the judgment to the extent it declared the rights of the parties, finding that the redevelopment plan's contemplated segregation, even if voluntary, could constitute state action due to extensive governm
• Howard Indus., Inc. v. RAE Motor Corp.
  267 F.2d 430· 7th Cir.· 1959-05-27 ·cited 2×
  The court held that the settlement agreement and subsequent injunction did not unlawfully extend a patent monopoly and were not in restraint of trade, as the patent did not cover the motor casing design.
• Tamiami Trail Tours, Inc. v. City OF Orlando
  113 So. 2d 723· Fla. 2d DCA· 1959-04-15 ·cited 2×
  Trucking companies challenged a municipal ordinance requiring permits to use city loading zones, arguing it conflicted with state law exempting interstate carriers from local taxes. The court held the permit fee is a valid police power regulation for traffic control, not a prohib
• Penn v. City OF Lakeland
  109 So. 2d 771· Fla. 2d DCA· 1959-03-13 ·cited 2×
  Residents near Lakeland, Florida sought both injunctive relief and damages for a public nuisance caused by sewage contamination affecting their properties. The trial court granted the injunction but dismissed the damage claims as not properly brought as a class action, finding ea
• Diamond Kimm v. HOY
  263 F.2d 773· 9th Cir.· 1959-02-19 ·cited 2×
  The court held that the appellant's claim of physical persecution was prematurely raised and that his refusal to answer questions regarding Communist Party membership, which could establish his deportability as a subversive alien, rendered him ineligible for discretionary suspens
• A. D. Juilliard & Co., Inc. v. Johnson
  259 F.2d 837· 2d Cir.· 1958-09-29 ·cited 2×
  Payments made in settlement of civil penalties for violations of price regulations, stemming from negligence and failure to take practicable precautions, are not deductible as ordinary and necessary business expenses because allowing such deductions would frustrate the policy of
• Borden Co. v. Milk Comm'n (No. 2)
  13 Fla. Supp. 38· Leon Cty. Cir. Ct.· 1958-08-12 ·cited 2×
  The Leon County Circuit Court upheld the Florida Milk Commission's authority to fix prices for surplus milk (classes II and III) and require distributors to accept and pay minimum prices for all milk delivered by producers, provided the Commission exercises this power reasonably.
• Aulbert J. Brannen v. L. B. Willoughby (Thelma B. Willoughby
  257 F.2d 580· 5th Cir.· 1958-06-23 ·cited 2×
  The court held that the appeal from the order granting temporary relief is moot because the relevant tobacco selling season has concluded.
• Alesi v. Cornell
  250 F.2d 877· 9th Cir.· 1957-12-28 ·cited 2×
  The court held that the deportation order was valid and the proceedings were fair, affirming the denial of the petition for declaratory judgment and injunctive relief.
• Snap-On Tools Corp. v. Winkenweder & Ladd, Inc.
  250 F.2d 154· 7th Cir.· 1957-12-10 ·cited 2×
  The court held that the defendant's use of the name 'Snap-On Drawers' constituted unfair competition and trademark infringement because the plaintiff's trademark 'Snap-On' had acquired a secondary meaning identifying the plaintiff and its products.
• Miller v. Jennings
  243 F.2d 157· 5th Cir.· 1957-04-12 ·cited 2×
• Bonetti v. Brownell
  240 F.2d 624· D.C. Cir.· 1956-12-27 ·cited 2×
  The court held that 'entry' under the deportation statute means any coming into the United States, whether first or subsequent.