Injunctive Relief

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

• Distrib. Mgmt. Servs., Inc. v. S. Waste Sys., Ltd.
  948 So. 2d 6· Fla. 3d DCA· 2006-11-08 ·cited 1×
  DMSI appeals from orders approving a magistrate's report and authorizing disbursement of escrowed funds in a dispute over a recycled plant sale. The court affirmed, holding that DMSI failed to properly tender payment as required by the letter of intent to rescind the sale, and th
• Nat'l Parks Conservation Ass'n v. United States Army Corps of Eng'rs
  446 F. Supp. 2d 1322· S.D. Fla.· 2006-08-15 ·cited 1×
  The court held that the Corps' reinstatement and 120-day extension of the permit constituted final agency action subject to judicial review under the APA, rejecting ACI's jurisdictional challenge.
• Diaz v. Cobb
  435 F. Supp. 2d 1206· S.D. Fla.· 2006-06-20 ·cited 1×
  The court held that claims under the VRA and NVRA regarding voter registration form requirements fail to state a claim, and constitutional claims are dismissed for vagueness, requiring a more definite statement.
• Airflo A/C & Heating, Inc. v. Pagan
  929 So. 2d 739· Fla. 2d DCA· 2006-06-02 ·cited 1×
  Airflo A/C & Heating, Inc. sued former employee Edwin Pagan and others for unfair competition under Florida's Deceptive and Unfair Trade Practices Act after they began manufacturing marine air conditioning units under the King-Air name that Airflo claimed to own. The trial court
• Henao v. Prof'l Shoe Repair, Inc.
  929 So. 2d 723· Fla. 5th DCA· 2006-05-26 ·cited 1×
  The Fifth District Court of Appeal reversed a judgment on the pleadings dismissing a non-compete covenant as an illegal restraint of trade, holding that under the current Florida statute (§ 542.335), a covenant not to compete executed by a buyer of a business is enforceable if it
• Lamb v. Charlotte Cnty.
  429 F. Supp. 2d 1302· M.D. Fla.· 2006-04-21 ·cited 1×
  The court held that Plaintiff Lamb lacks standing to sue because he failed to demonstrate a concrete and specific intent to return to the defendant's facilities, and therefore, Access Now, Inc. also lacks standing.
• Matthews v. City OF Maitland
  923 So. 2d 591· Fla. 5th DCA· 2006-03-24 ·cited 1×
  Petitioners challenged trial court orders compelling disclosure of names of contributors to a litigation fund and website opposing a city development project. The court granted certiorari, holding that disclosure was irrelevant to the issues in the case and would chill First Amen
• Edmonds v. Levine
  417 F. Supp. 2d 1323· S.D. Fla.· 2006-02-14 ·cited 1×
  The court held that the Florida Agency for Health Care Administration (AHCA) violated the Medicaid Act by denying coverage for off-label uses of Neurontin that were supported by citations in congressionally-approved drug compendia.
• Disability Advocates & Counseling Grp., Inc. v. Betancourt
  379 F. Supp. 2d 1343· S.D. Fla.· 2005-07-29 ·cited 1×
  The court held that the plaintiffs' repeated filing of identical lawsuits to manipulate judicial assignment constitutes judge shopping and warrants dismissal with prejudice.
• Worldwide Appraisal Servs., Inc. v. Dep't of Bus. & Prof'l Reg.
  905 So. 2d 968· Fla. 5th DCA· 2005-06-24 ·cited 1×
  The court held that the proper venue for challenging statewide administrative rules is the county where the agency's headquarters are located, not where the challenger resides or has offices.
• Elend v. Sun Dome, Inc.
  370 F. Supp. 2d 1206· M.D. Fla.· 2005-05-18 ·cited 1×
  The court held that the plaintiffs lacked standing and their claims were not ripe for judicial review because they failed to allege a real and immediate threat of future injury regarding Secret Service protest zone restrictions.
• Tuckish v. Pompano Motor Co.
  337 F. Supp. 2d 1313· S.D. Fla.· 2004-09-23 ·cited 1×
  The court held that the plaintiff's amended complaint sufficiently stated causes of action for violations of the Odometer Act, the Florida Deceptive and Unfair Trade Practices Act, and common law fraud, thus denying the defendant's motion to dismiss.
• Modern, Inc. v. Florida
  381 F. Supp. 2d 1331· M.D. Fla.· 2004-04-14 ·cited 1×
  The court held that inverse condemnation claims are not barred by res judicata or collateral estoppel because the administrative proceedings did not fully litigate those issues. The court also found that federal equal protection claims were not barred due to an untimely England-J
• Fla. High Sch. Athletic Ass'n v. Melbourne Cent. Catholic High Sch.
  867 So. 2d 1281· Fla. 5th DCA· 2004-03-26 ·cited 1×
  The Florida High School Athletic Association (FHSAA) appealed a temporary injunction that restored a student athlete's eligibility after he was declared ineligible due to alleged recruiting violations. The appellate court reversed, holding that the student failed to exhaust admin
• St. Andrews Park, Inc. v. United States Dep't of the Army Corps of Eng'rs
  314 F. Supp. 2d 1238· S.D. Fla.· 2004-01-27 ·cited 1×
  The court held that it lacked subject matter jurisdiction because the Corps of Engineers' actions did not constitute final agency action under the Administrative Procedure Act.
• Cochrane v. Ezugo Dan Nwandu
  855 So. 2d 1276· Fla. 3d DCA· 2003-10-15 ·cited 1×
  Florida appellate court reversed trial court's denial of recognition and enforcement of an English injunction, holding that the foreign decree satisfied all comity requirements and should have been recognized.
• IFG Network Sec., Inc. v. King
  282 F. Supp. 2d 1344· M.D. Fla.· 2003-09-03 ·cited 1×
  A customer's direct dealings with an associated person of a NASD member are sufficient to compel that NASD member into arbitration, even without a direct transactional relationship with the member itself.
• Grant v. United States
  289 F. Supp. 2d 1361· S.D. Fla.· 2003-07-03 ·cited 1×
  The court held that the IRS's termination of the installment agreement and levying of social security benefits may constitute unauthorized collection actions, but claims related to the filing of a prior tax case, specific performance, and return of levied property are dismissed.
• Homestead Hosp., Inc. v. Miami-Dade Cnty.
  829 So. 2d 259· Fla. 3d DCA· 2002-09-04 ·cited 1×
  Seven private hospitals appealed a summary judgment holding that a 2000 Florida legislative amendment to the county public hospital surtax statute was an unconstitutional special law applicable only to Miami-Dade County. The court affirmed, finding the amendment unconstitutional
• Jeanty v. Bulger
  204 F. Supp. 2d 1366· S.D. Fla.· 2002-05-17 ·cited 1×
  Haitian nationals rescued from a boat in December 2001 sought habeas corpus relief and injunctive relief challenging their detention pending asylum proceedings. The INS had reversed its general presumption of release for undocumented Haitians arriving in South Florida, requiring
• Alexis, Inc. v. Pinellas Cnty.
  194 F. Supp. 2d 1336· M.D. Fla.· 2002-03-29 ·cited 1×
  The court held that corporate plaintiffs have standing to sue under § 1983, Florida Statute § 847.09 does not preempt county ordinances regulating adult uses, and warrantless arrests of dancers for ordinance violations do not constitute an unconstitutional prior restraint or hara
• Jensen v. Rice
  809 So. 2d 895· Fla. 3d DCA· 2002-03-13 ·cited 1×
  Jensen appealed a trial court order requiring arbitration of his employment dispute with the Miami Tropics and related entities. The Third District Court of Appeal affirmed in part and reversed in part, holding that the Federal Arbitration Act preempts Florida law and makes the a
• Hale v. Dep't of Revenue
  808 So. 2d 237· Fla. 1st DCA· 2002-01-18 ·cited 1×
  Sam and Emily Hale challenged the Department of Revenue's determination that their month-to-month apartment rentals were subject to sales tax. The trial court held they were not exempt under Florida's sales tax statute because they did not use leases exceeding six months. The app
• Major League Baseball v. Butterworth
  2001 U.S. Dist. LEXIS 22021· N.D. Fla.· 2001-12-27 ·cited 1×
  The federal antitrust laws do not apply to the 'business of baseball,' including contraction, and this exemption extends to state antitrust laws.
• Christopher v. Dept. Hwy. Safety & Motor Vehicles
  209 F. Supp. 2d 1290· S.D. Fla.· 2001-10-10 ·cited 1×
  The court held that the plaintiff lacked standing to seek injunctive relief against the Department of Highway Safety and Motor Vehicles because he did not face a real and immediate threat of future harm.
• Andrx Pharms., Inc. v. Biovail Corp.
  175 F. Supp. 2d 1362· S.D. Fla.· 2001-09-19 ·cited 1×
  The court dismissed claims against the Federal Defendants and state law claims against Biovail, finding them preempted or lacking a private right of action under the Hatch-Waxman Act. Antitrust claims were allowed to proceed. Claims for infringement/invalidity were dismissed as p
• Access Now Inc. v. Walt Disney World Co.
  102 F. Supp. 204· M.D. Fla.· 2001-09-17 ·cited 1×
  The court held that an evidentiary hearing is necessary to determine standing and class certification due to factual discrepancies between the complaint and deposition testimony.
• Yahweh v. United States Parole Comm'n
  158 F. Supp. 2d 1332· S.D. Fla.· 2001-08-15 ·cited 1×
  The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
• BellSouth Mobility v. Miami-Dade Cnty.
  153 F. Supp. 2d 1345· S.D. Fla.· 2001-03-30 ·cited 1×
  The court held that the County's denial of BellSouth's application was supported by substantial competent evidence, particularly regarding necessity and compatibility, and thus affirmed the denial.
• Eckerd Corp. v. Corners Grp., Inc.
  786 So. 2d 588· Fla. 5th DCA· 2000-12-29 ·cited 1×
  The dissenting judge believes the restrictive covenant should be strictly construed and not interpreted to prohibit a parking lot adjacent to a drug store, as the covenant's language was specific to operating a pharmacy.
• Nat'l Rifle Ass'n OF Am., Inc. v. City OF S. Miami
  774 So. 2d 815· Fla. 3d DCA· 2000-12-27 ·cited 1×
  The Florida District Court of Appeal quashed a trial court order requiring the National Rifle Association and Unified Sportsmen of Florida to disclose the names and addresses of their members residing in South Miami. The court held that merely initiating litigation as plaintiffs
• Bush v. Hillsborough Cnty. Canvassing Bd.
  123 F. Supp. 2d 1305· N.D. Fla.· 2000-12-08 ·cited 1×
  State canvassing boards' rejection of overseas absentee ballots based on criteria inconsistent with federal law, such as requiring specific postmarks or having no record of a prior application, is preempted by federal law and invalid.
• Wales v. Jack M. Berry, Inc.
  192 F. Supp. 2d 1291· M.D. Fla.· 2000-11-30 ·cited 1×
  The court determined damages for violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA), awarding specific amounts for unpaid wages, prejudgment interest, and statutory damages.
• General Gene Sterling v. Brevard Cnty.
  776 So. 2d 281· Fla. 5th DCA· 2000-11-17 ·cited 1×
  The Charter Review Commission (CRC) of Brevard County sought declaratory and injunctive relief to compel the County Commission to place six proposed charter amendments on the ballot after the Commission refused them based on alleged procedural defects. The appellate court reverse
• Gerling Global Reinsurance Corp. of Am. v. Nelson
  123 F. Supp. 2d 1298· N.D. Fla.· 2000-11-11 ·cited 1×
  The State of Florida does not have jurisdiction to compel production of information regarding non-payment of insurance policies issued in Germany to German victims by German insurers with no contacts in Florida.
• Sec. & Exch. Comm'n v. Digit. Lightwave, Inc.
  986 F. Supp. 2d 982· M.D. Fla.· 2000-09-07 ·cited 1×
  The court held that the SEC sufficiently pleaded fraud and fraudulent pledge of stock with particularity under Rule 9(b) and stated claims under federal securities laws, and that a pledge of stock for a loan constitutes a sale or offer under those laws.
• Bd. OF Cnty. Comm'rs OF Clay Cnty. v. Qualls
  772 So. 2d 544· Fla. 1st DCA· 2000-08-30 ·cited 1×
  The Board of County Commissioners of Clay County sought a writ of certiorari to overturn a trial court's decision quashing the Board's denial of a respondent's Small Scale Comprehensive Plan Amendment (SSCPA) and rezoning application. The court held that decisions regarding SSCPA
• Occean v. Kearney
  123 F. Supp. 2d 618· S.D. Fla.· 2000-08-09 ·cited 1×
  The court held that the plaintiff stated a claim for procedural due process and violations of the Child Welfare Act, but not for substantive due process.
• Gennaro DeMAIO v. Starr
  791 So. 2d 1116· Fla. 4th DCA· 2000-08-09 ·cited 1×
  The court held that the trial court erred in entering a mutual restraining order without proper pleadings or testimony, violating the appellant's due process rights.
• Fla. E. Coast Ry. Co. v. City of W. Palm Beach
  110 F. Supp. 2d 1367· S.D. Fla.· 2000-07-27 ·cited 1×
  Florida East Coast Railway Company sought declaratory and injunctive relief against West Palm Beach's enforcement of zoning and occupational licensing ordinances against an aggregate distribution operation conducted by Rinker Materials Corporation on FEC property. The district co
• Addison v. Forest Serv. of US Dept. of Agric.
  108 F. Supp. 2d 1365· M.D. Fla.· 2000-07-17 ·cited 1×
  The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the prior injunction, and there was no reasonable expectation the alleged violation would recur.
• Howard v. City of Jacksonville
  109 F. Supp. 2d 1360· M.D. Fla.· 2000-06-27 ·cited 1×
  The court held that the City of Jacksonville's 120-day moratorium on adult entertainment licenses is an unconstitutional prior restraint on speech, violating the First Amendment.
• Dressler v. Jenne
  87 F. Supp. 2d 1308· S.D. Fla.· 2000-03-02 ·cited 1×
  The court held that the plaintiff received adequate due process, including a meaningful opportunity to clear his name, and therefore his liberty interest was not violated.
• Laroche v. Denny's Inc.
  62 F. Supp. 2d 1375· S.D. Fla.· 1999-08-19 ·cited 1×
  The court held that Denny's Inc. is liable for race-based discrimination because its manager's actions, including the statement 'you don't look right together,' were racially motivated, despite the company's policies and training.
• Am. Riviera Real Est. Co. v. The City OF Miami Beach
  735 So. 2d 527· Fla. 3d DCA· 1999-05-19 ·cited 1×
  The court held that the trial court correctly dismissed the complaint for lack of subject matter jurisdiction because the plaintiff failed to timely file a petition for writ of certiorari.
• Fla. Ass'n of Rehab. Facilities, Inc. v. Fla. Agency for Health Care Admin.
  47 F. Supp. 2d 1352· S.D. Fla.· 1999-04-11 ·cited 1×
  The court held that Florida's Medicaid Rate Plan for ICF/DD providers was inadequate and violated the Boren Amendment by failing to provide reasonable and adequate reimbursement rates, and that cluster facilities were improperly denied reimbursement under the Rate Plan.
• BellSouth Telecomms., Inc. v. City of Coral Springs
  42 F. Supp. 2d 1304· S.D. Fla.· 1999-01-25 ·cited 1×
  The court held that portions of the City's ordinance were preempted by federal and state law, and that the City's counterclaims based on a 1965 ordinance were also unenforceable due to preemption.
• Campos v. Immigr. & Naturalization Serv.
  70 F. Supp. 2d 1296· S.D. Fla.· 1998-10-16 ·cited 1×
  The court held that plaintiffs have demonstrated a substantial likelihood of success on the merits regarding the INS's alleged systematic failure to follow its own regulations for evaluating medical waivers, thus warranting a preliminary injunction.
• Scheer v. City of Miami
  15 F. Supp. 2d 1338· S.D. Fla.· 1998-07-21 ·cited 1×
  Federal courts should not intervene in state election disputes involving fraud unless the entire process is fundamentally unfair, and equitable considerations and federalism principles weigh against such intervention.
• Chavez v. City of Key W.
  15 F. Supp. 2d 1301· S.D. Fla.· 1998-04-30 ·cited 1×
  The court held that Key West is not entitled to Eleventh Amendment immunity and that the plaintiff lacks standing for claims seeking declaratory and injunctive relief.