Injunctive Relief

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

• Diaz v. Timkee
  589 So. 2d 1020· Fla. 3d DCA· 1991-11-26
  The court held that the temporary injunction was carefully drawn and did not unduly restrict the appellant's freedom of movement, and that it lacked jurisdiction to review non-final orders.
• Manypenny v. The United States
  948 F.2d 1057· 8th Cir.· 1991-10-29
  The court held that the White Earth Land Settlement Act (WELSA) provides a statute of limitations that applies to causes of action outside of WELSA, and that federal courts can adjudicate possession disputes involving state officials despite the Eleventh Amendment.
• Morris v. Whitehead
  588 So. 2d 1023· Fla. 2d DCA· 1991-10-25
  Appellants (the Housing Authority of St. Petersburg and individual residents) appealed a final judgment granting appellees access to certain public records held by the Housing Authority pursuant to Florida's public records law. The court affirmed the judgment while clarifying tha
• State v. Division OF Administrative Hearings
  588 So. 2d 272· Fla. 1st DCA· 1991-10-21
  The court held that a petition for review of a nonfinal administrative order regarding the scope of a hearing officer's jurisdiction over a settlement agreement is premature, as review of the final agency decision would provide an adequate remedy.
• Telesat Cablevision, Inc. v. City of Riviera Beach
  773 F. Supp. 383· S.D. Fla.· 1991-09-13
  The court held that the City's cable franchise ordinance was a lawful regulation of cable television, consonant with the Constitution and statutory enactments, and thus denied Telesat's motion for summary judgment while granting the City's and Comcast's motions.
• Biron v. The Town OF Longboat KEY
  584 So. 2d 223· Fla. 2d DCA· 1991-08-21
  Residents and property owners of two planned developments in Longboat Key brought a class action seeking declaratory judgment, injunctive relief, and a constructive trust against the Town and two corporate entities that acquired their country club. The appellate court affirmed di
• Farmer v. Mabus
  940 F.2d 921· 5th Cir.· 1991-08-20
  The court held that disputes concerning internal military command decisions and personnel matters are not justiciable in federal court.
• Pacitti v. Seapointe Condo. Ass'n
  584 So. 2d 212· Fla. 3d DCA· 1991-08-20
  The Third District Court of Appeal reversed a temporary injunction against condominium unit owners and a contempt finding, holding that the condominium's rules limiting transfers to three per calendar year did not apply to social guests, as the declaration and bylaws explicitly p
• Project 80'S, Inc. v. City OF Pocatello & the City of Idaho Falls
  942 F.2d 635· 9th Cir.· 1991-08-19
  City ordinances banning uninvited door-to-door solicitation violate the First Amendment because they are not narrowly tailored to serve substantial governmental interests, even under the revised 'reasonable fit' standard from Fox.
• The United Faculty OF Fla. & Robert Hogner v. The Fla. Bd. OF Regents & Jim Sloan
  585 So. 2d 991· Fla. 1st DCA· 1991-08-16
  The United Faculty of Florida and its president challenged a Florida Public Employees Relations Commission (PERC) order finding they violated labor law by publishing an open letter to university students soliciting support for a faculty bargaining position. The Florida First Dist
• Coparr, Ltd. v. The City OF Boulder
  942 F.2d 724· 10th Cir.· 1991-08-15
  The court held that the Supreme Court's decision in Wisconsin Public Intervenor v. Mortier dictates that FIFRA does not preempt local pesticide regulation, and Boulder's Ordinance 5129 conforms to state law.
• Winn v. Lynn
  941 F.2d 236· 3d Cir.· 1991-08-12
  The court held that the district court did not err in denying the motion to amend the complaint to include government officials, as they were entitled to qualified immunity.
• In re Sammy George Daily. The Estate OF Sammy G. Daily v. Lilipuna Assocs.
  940 F.2d 1306· 9th Cir.· 1991-08-07
  The court held that the corporations should have been permitted to introduce evidence to refute the alter ego allegations, as collateral estoppel was improperly applied.
• Se. Fisheries Ass'n, Inc. v. Martinez
  772 F. Supp. 1263· S.D. Fla.· 1991-08-02
  The court held that Florida's administrative code Chapter 46-23, which regulated Spanish Mackerel landings from federal waters, violated the Equal Protection Clause, the Commerce Clause, and was preempted by federal law under the Supremacy Clause.
• Am. Friends Serv. Comm. Corp. v. Thornburgh
  961 F.2d 1405· 9th Cir.· 1991-08-02
  The court held that the Immigration Reform and Control Act's employer sanction provisions do not violate the Free Exercise Clause as applied to AFSC, because the law is neutral, generally applicable, and does not contain a mechanism for individualized exemptions.
• Gov't of Jamaica v. United States
  770 F. Supp. 627· M.D. Fla.· 1991-07-31
  The court held that the petition for writ of habeas corpus and injunctive relief must be denied because there was no violation of Jamaican law or the Extradition Treaty, and deference is owed to the Executive Branch's determination regarding the return of the individual.
• Chateau DeVILLE Condo. Assoc., Inc. v. Nabil A. Mikhail
  583 So. 2d 358· Fla. 5th DCA· 1991-06-27
  A Florida appellate court reversed summary judgment against a condominium association, holding that under the association's bylaws, unit owners could retroactively sign meeting minutes to establish a quorum, even though the statutory default rule and administrative regulation pro
• Dist. 2 v. Burnley
  936 F.2d 284· 6th Cir.· 1991-06-25
  The court held that the union lacked standing to challenge the government's failure to stop the operation of vessels allegedly sold foreign because the union's asserted injury did not fall within the zone of interests protected by the relevant Jones Act proviso.
• United States v. Norris
  937 F.2d 286· 6th Cir.· 1991-06-21
  The court held that the district court did not abuse its discretion in ordering the bank to allow restoration of the wetlands, as the bank's 'innocent purchaser' argument was unavailing.
• Ryan v. Chemlawn Corp.
  935 F.2d 129· 7th Cir.· 1991-06-21
  The court held that the district court erred in dismissing the plaintiff's state law tort claims based on the doctrine of primary jurisdiction, as the claims sought only monetary damages and did not require resolution of issues within the EPA's exclusive competence.
• Woerner v. United States Small Bus. Admin.
  934 F.2d 1275· D.C. Cir.· 1991-06-04
  The court held that the trial court did not abuse its discretion in denying HCR's requested equitable relief of an extended term in the SBA's 8(a) program, as the denial was based on a balancing of the equities.
• Taylor v. The Ridge AT THE Bluffs Homeowner's Ass'n, Inc.
  579 So. 2d 895· Fla. 4th DCA· 1991-05-29
  Homeowners appealed a trial court decision holding that Florida Statutes section 163.04, which prohibits restrictions on solar energy devices, does not apply to homeowners association enforcement of deed restrictions. The court affirmed, finding that section 163.04 regulates only
• Cont'l Cablevision OF NEW England, Inc. v. United Broad. Co.
  932 F.2d 333· 4th Cir.· 1991-05-03
  Continental's right of first refusal vested and became enforceable upon the execution of the stock purchase agreement with a third party, and the subsequent termination of that agreement did not moot the action. The court affirmed the order to tender the present-day United Cable
• Lawson v. Mulieri
  578 So. 2d 823· Fla. 2d DCA· 1991-04-24
  The Lawsons appealed an award of attorney's fees to the Mulieris under Florida's civil RICO statute (Chapter 772). The court reversed the fee award, finding that the trial court improperly introduced Chapter 772 at the close of the Lawsons' evidence when it had never been pleaded
• Comm. IN Solidarity With THE People OF EL Salvador (Cispes) v. Sessions
  929 F.2d 742· D.C. Cir.· 1991-04-12
  The court held that the plaintiffs' claims were moot because the FBI voluntarily transferred the disputed files to the National Archives, and the remaining claims regarding other agencies' files were too speculative to warrant injunctive relief.
• Jacobs v. City of Jacksonville
  1991 WL 58865· M.D. Fla.· 1991-04-08
  The court held that Jacksonville Ordinance Code § 250.303 is an invalid exercise of police power as applied to the plaintiff's door-to-door sales activities under Florida law.
• Winona Rubin v. Sullivan
  928 F.2d 898· 9th Cir.· 1991-03-25
  The court held that Hawaii's no-fault automobile insurance program, which excludes medical coverage for welfare recipients, violates Section 1903(o) of the Social Security Act by placing Medicaid as the primary payer.
• Cascade Drive Ltd. P'ship v. Wal-Mart Stores, Inc.
  934 F.2d 61· 5th Cir.· 1991-03-25
  The court held that the lease did not imply a duty of continuous operation, but remanded claims for monetary damages based on potential violations of use and subletting clauses.
• Justice v. Atchison
  927 F.2d 503· 10th Cir.· 1991-02-28
  The court held that the district court properly exercised its discretion in removing the entire case, including damages claims not meeting the jurisdictional amount, when joined with a removable injunction claim under 28 U.S.C. § 1441(c).
• Pestrak v. Ohio Elections Comm'n
  926 F.2d 573· 6th Cir.· 1991-02-27
  The court held that while the Ohio Elections Commission's power to levy fines and issue cease and desist orders is unconstitutional, its powers to investigate, refer for prosecution, and declare the truthfulness of statements are constitutional.
• Borman's, Inc. v. Mich. Prop. & Cas. Guar. Ass'n
  925 F.2d 160· 6th Cir.· 1991-02-07
  The court held that the district court erred in finding the net worth exclusion provision of the Michigan Property & Casualty Guaranty Act unconstitutional, as the legislature's reliance on net worth is rationally related to a legitimate governmental purpose.
• Fed. Sav. & Loan Ins. Corp. & Cardinal Fed. Sav. Bank v. Quinn
  922 F.2d 1251· 6th Cir.· 1991-01-07
  The court held that the employment contracts, negotiated by FSLIC and deemed necessary to remedy the thrift's unsafe condition, were not automatically terminated by regulation, and thus the officers were entitled to severance benefits.
• Hays v. Concannon
  921 F.2d 240· 9th Cir.· 1990-12-19
  The court held that the case must be remanded for the district court to reconsider its judgment in light of new legislation that amended the Social Security Act.
• Withey v. Perales
  920 F.2d 156· 2d Cir.· 1990-12-03
  A federal regulation and state statute imposing a limitations period on claims for AFDC underpayment do not violate 42 U.S.C. § 602(a)(22), as the statute is silent on such procedural requirements and the agency's interpretation is reasonable.
• Nat'l Steel Corp. v. Mich. Pub. Serv. Comm'n
  919 F.2d 38· 6th Cir.· 1990-11-16
  The court held that the Interstate Commerce Act does not preempt Michigan Public Act 69, and the Act does not violate the Commerce Clause.
• Lenora B. Fulani v. Hogsett
  917 F.2d 1028· 7th Cir.· 1990-11-08
  The court held that the plaintiffs' claim was barred by laches due to their unreasonable delay in filing suit after the election irregularities were public knowledge and absentee voting had commenced.
• Johannsen v. PAY Less Drug Stores Nw.
  918 F.2d 160· Fed. Cir.· 1990-10-30
  The court held that 28 U.S.C. § 1292(c)(2) does not permit an appeal from a judgment on mixed patent and unfair competition claims where all patent infringement claims are denied and liability is found only for unfair competition, with damages and injunctive relief still pending.
• Toussaint v. McCARTHY
  918 F.2d 752· 9th Cir.· 1990-10-30
  The court held that the district court erred in continuing the monitor's appointment, prohibiting polygraph examinations, and mandating 90-day review periods for segregation decisions, but affirmed the requirement for the Criminal Activities Coordinator to hear prisoner views.
• Alyson A. Habetz v. La. High Sch. Athletic Ass'n
  915 F.2d 164· 5th Cir.· 1990-10-25
  The court held that the district court had jurisdiction to determine its own jurisdiction, and therefore, the case should be remanded to determine if plaintiffs are entitled to attorney's fees under 42 U.S.C. § 1988.
• Metro. Dade Cnty. v. Eisenberg
  567 So. 2d 1021· Fla. 3d DCA· 1990-10-09
  Dade County appeals a temporary restraining order that prevented the ARTS (Airport Region Taxicab Service) lottery from proceeding after the County extended the application deadline from Sunday, July 15 to Monday, July 16, 1990, resulting in a substantial increase in applications
• United States v. Young
  907 F.2d 867· 8th Cir.· 1990-07-16
  The court affirmed the district court's grant of summary judgment and award of attorney's fees, finding the appeal frivolous.
• Koeppel v. Conkle
  564 So. 2d 208· Fla. 3d DCA· 1990-07-10
  The court held that the trial court's order was an unenforceable perpetual injunction and was not supported by competent and substantial evidence.
• Flint v. United States
  906 F.2d 471· 9th Cir.· 1990-06-27
  The court held that charges for operation and maintenance costs under contracts for artificially stored groundwater are committed to agency discretion by law and thus not subject to judicial review under the APA, and that plaintiffs have no property interest in the groundwater to
• Alias Amanuel Alia v. Mich. Supreme Court
  906 F.2d 1100· 6th Cir.· 1990-06-22
  The Sixth Circuit affirmed in part and reversed in part the district court's dismissal. The court held that the Michigan Supreme Court is immune from suit under the Eleventh Amendment. The individual justices are immune from suit for monetary damages under the Eleventh Amendment
• Zellous v. Broadhead Assocs.
  906 F.2d 94· 3d Cir.· 1990-06-19
  The court held that the Administrative Procedure Act's waiver of sovereign immunity applies to the tenants' claims for reimbursement of excess rent, as these are considered specific relief rather than money damages, and that the claims were not moot.
• Davis v. Thornburgh
  903 F.2d 212· 3d Cir.· 1990-05-15
  The court held that the plaintiff lacked standing to challenge the Pennsylvania Adoption Act's procedures in federal court because the state court's final order terminating her parental rights was res judicata and could not be collaterally attacked. The court also found the claim
• Capeletti Bros. v. Metro. Dade Cnty.
  735 F. Supp. 1040· S.D. Fla.· 1990-04-13
  Res judicata does not bar plaintiffs from challenging the county's race-conscious affirmative action plan due to significant changes in constitutional law, and a supplemental hearing is required to assess the plan's validity under current standards.
• Ecological Dev., Inc. v. Walton Cnty.
  558 So. 2d 1069· Fla. 1st DCA· 1990-03-16
  Ecological Development challenged Walton County's vote to terminate maintenance obligations on public roads in a subdivision while retaining control over them as public rights-of-way. The court held that once a county accepts dedicated roads, it cannot unilaterally disclaim maint
• Wilson v. Franceschi
  735 F. Supp. 395· M.D. Fla.· 1990-02-05
  The court held that the defendants were entitled to qualified immunity regarding the delay in AZT treatment because the law was not clearly established at the time, and the medical community was divided on the appropriate treatment for early ARC.
• Williams v. The State OF Wash.
  894 F.2d 321· 9th Cir.· 1990-01-16
  The court held that federal question jurisdiction was lacking because the federal issues raised were only valid as defenses to state court judgments.