Injunctive Relief

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

• The Hous. Auth. OF the Cnty. OF Flagler v. The Honorable Kim C. Hammond
  435 So. 2d 420· Fla. 5th DCA· 1983-08-04
  The Florida District Court of Appeal denied a petition for mandamus because the circuit court's dismissal with leave to amend was not a final refusal of jurisdiction, making the mandamus petition premature.
• B.F. Goodrich Co. v. The Grand River DAM Auth.
  712 F.2d 453· 10th Cir.· 1983-07-22
  The court held that the judgment and order appealed from were not final and therefore not appealable under 28 U.S.C. § 1291.
• McMILLAN v. Chief Judge
  711 F.2d 108· 8th Cir.· 1983-07-07
  The court held that the claims of two plaintiffs were moot, but the third plaintiff's claim of undue delay in post-conviction relief proceedings was cognizable under 42 U.S.C. § 1983 and warranted further proceedings.
• Fredericks v. Huggins
  711 F.2d 31· 4th Cir.· 1983-07-06
  The court held that the jail's refusal to provide methadone detoxification to pretrial detainees did not constitute unconstitutional punishment or violate due process rights, as lawful incarceration limits certain privileges and rights.
• The Oglala Sioux Tribe OF the Pine Ridge Indian Reservation v. Hallett
  708 F.2d 326· 8th Cir.· 1983-05-20
  The Secretary of the Interior has discretion to issue fee patents for Indian trust lands under 25 U.S.C. § 483, and this discretion is not conclusively bound by tribal ordinances, even if the lands were allotted prior to the Indian Reorganization Act.
• O'Hara v. The Sch. Bd. OF Sarasota Cnty.
  432 So. 2d 1356· Fla. 2d DCA· 1983-05-20
  A school board's policy permitting religious organizations to use public school facilities during non-school hours does not violate the Florida Constitution's prohibition on using public funds to aid religion. The court affirmed the trial court's dismissal of a challenge to the s
• Barany v. Buller
  707 F.2d 285· 7th Cir.· 1983-05-11
  The court held that the claims for declaratory and injunctive relief were moot due to the expiration of the plaintiffs' terms and the speculative nature of their future involvement, while affirming the denial of damages for humiliation and mental suffering.
• Majestic View Condo. Ass'n, Inc. v. Bolotin
  429 So. 2d 438· Fla. 4th DCA· 1983-04-06
  The court held that the condominium association properly sought to enforce its pet restrictions and that the trial court erred in denying injunctive relief and awarding attorney's fees to the unit owners.
• Associated Metals & Minerals Corp. v. Gerald P. Carmen (individually
  704 F.2d 629· D.C. Cir.· 1983-03-22
  The court's judgment is affirmed, but the concurring opinion disagrees with the majority's reasoning on one point regarding a GAO report.
• United Marine Mut. Indem. Ass'n v. Donovan
  701 F.2d 791· 9th Cir.· 1983-03-15
  Marine protection and indemnity associations must obtain authorization from the Secretary of Labor to provide liability coverage under the Longshoremen's and Harbor Workers' Compensation Act, even if otherwise qualified to write insurance.
• United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Drew Lewis
  699 F.2d 547· D.C. Cir.· 1983-02-04
  The court held that the district court correctly dismissed the union's claims, affirming that the manning regulations could not be retroactively applied and that the President's duty to make foreign manning determinations was discretionary.
• City OF Homestead v. Dade Cnty.
  425 So. 2d 593· Fla. 3d DCA· 1982-12-28
  The City of Homestead appealed a trial court's dismissal of its complaint seeking to enforce Dade County's alleged duty to provide medical care for indigent patients at the municipal hospital. The appellate court reversed, holding that the City has standing to seek declaratory re
• Robert L. Haag, Inc. v. Swift & Co.
  696 F.2d 30· 2d Cir.· 1982-12-15
  A contract is not unenforceable for lack of mutuality of obligation simply because one party's remedy for breach is limited, especially when the other party receives consideration through an exclusive dealing provision.
• The Cabazon Band OF Mission Indians v. The City OF Indio
  694 F.2d 634· 9th Cir.· 1982-12-14
  The court held that the City of Indio's attempted annexation of the Cabazon Indian Reservation land was void ab initio due to the failure to obtain federal consent as required by statute, and thus the Band's challenge was not barred by state statutes of limitation.
• Miller v. Carson
  550 F. Supp. 543· M.D. Fla.· 1982-11-04
  In a civil contempt proceeding arising from violations of a permanent injunction governing conditions at the Duval County Jail, the court found that defendants exceeded the court-ordered inmate capacity limit on October 10 and 11, 1982, and imposed a $10,000 fine despite defendan
• Dutcher v. Smith
  693 F.2d 79· 9th Cir.· 1982-11-02
  The court held that the district court erred in dismissing the complaint for failure to exhaust administrative remedies, as the inmate had pursued all reasonably available remedies.
• Demit of Venezuela v. Elec. Water Sys., Inc.
  547 F. Supp. 850· S.D. Fla.· 1982-09-30
  The court held that the defendants misappropriated the plaintiff's trade secret and are liable for damages and injunctive relief.
• Killearn Lakes Homeowners Ass'n v. Sneller
  418 So. 2d 1214· Fla. 1st DCA· 1982-09-01
  The dissenting opinion argues that the trial court correctly enjoined the construction of a 'Tot Lot' because it was inconsistent with the Declaration of Covenants and Restrictions' purpose of preserving the natural environment.
• ERO Props., Inc. v. Cone
  418 So. 2d 434· Fla. 3d DCA· 1982-08-24
  Unit owners of the Costa del Sol Condominium sought to enforce a January 1, 1980 deadline for developers to relinquish control of the homeowners association. The developer had amended the by-laws while still in control to extend their own control period by incorporating new statu
• Screw Mach. Tool Co. v. Slater Tool & Eng'g Corp.
  683 F.2d 159· 6th Cir.· 1982-07-20
  The court held that the appellants' repeated violations of the 1966 Consent Decree, including using a similar trade name in script and copying plaintiff's materials, warranted the district court's finding of contempt and broad injunctive relief.
• Weiszmann v. Dist. Eng'r
  545 F. Supp. 721· S.D. Fla.· 1982-07-13
  The court ordered a modified restoration plan for the illegally dredged canals, requiring shallowing of the south canal and adding rip-rap to the north canal plug, while rejecting the developer's proposed plan due to permitting and jurisdictional issues.
• Garcia v. United States
  680 F.2d 29· 5th Cir.· 1982-07-09
  The court held that a federal employee seeking an injunction against discharge must exhaust administrative remedies and meet the stringent requirements of Sampson v. Murray, which Garcia failed to do.
• Pearl v. Lomelo
  416 So. 2d 489· Fla. 4th DCA· 1982-06-30
  The Florida Fourth District Court of Appeal resolved a dispute between the Mayor and City Council of Sunrise, Florida over who has ultimate authority to establish the municipal budget. The court held that while the mayor prepares the budget, the city council has ultimate fiscal r
• Nat'l Advertising Co. v. The City OF Ashland
  678 F.2d 106· 9th Cir.· 1982-05-26
  The Highway Beautification Act does not create a private right of action for billboard owners to sue for compensation, and state law claims require reconsideration by the district court.
• Greene v. State of Fla. Dep't OF Natural Resources/State of Fla. Bd. of Trs. of the Internal Improvement Tr. Fund
  414 So. 2d 251· Fla. 1st DCA· 1982-05-14
  Greene challenged the State's approval of a Westlake land acquisition under the Environmentally Endangered Lands (EEL) program, arguing it did not meet legal criteria. The court affirmed the denial of his petition for an administrative hearing, holding that he lacked standing as
• John Deere & Co. v. Payless Cashways, Inc.
  681 F.2d 520· 8th Cir.· 1982-05-07
  The court held that the district court's finding of no likelihood of confusion was not clearly erroneous, affirming the denial of injunctive relief for alleged trademark infringement.
• GM Drug Co. v. Taylor
  412 So. 2d 943· Fla. 3d DCA· 1982-04-20
  The court held that the trial court erred in dismissing the action without affording appellants leave to amend.
• In re the Complaint of Oswego Barge Corp. v. Oswego Barge Corp.
  673 F.2d 47· 2d Cir.· 1982-03-04
  The court held that the FWPCA's precise statutory damage remedy for the United States is exclusive, preempting non-statutory damage remedies.
• Hynes v. Metro. Gov't OF Nashville & Davidson Cnty.
  667 F.2d 549· 6th Cir.· 1982-01-04
  The court held that the Tennessee State Fair rule, confining literature distribution and solicitation to booths, does not unconstitutionally restrict freedom of speech and religion.
• Edwina Rossi v. Madison
  407 So. 2d 978· Fla. 4th DCA· 1981-12-14
  The appellate court held that the buyer of a liquor license had notice of the lessor's claim to the license, thus was not a bona fide purchaser.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  666 F.2d 1029· 6th Cir.· 1981-12-11
  The court held that while the plaintiff has standing and the federal health act does not impliedly repeal antitrust laws, prior resort doctrines require a stay of the antitrust action pending completion of state administrative and judicial proceedings.
• George v. Kitchens BY Rice Bros., Inc.
  665 F.2d 7· 1st Cir.· 1981-12-01
  Property held in trust, where the debtor has legal but not equitable title, is not considered the debtor's property for bankruptcy purposes.
• Jordan v. Dellway Villa OF Tenn., Ltd.
  661 F.2d 588· 6th Cir.· 1981-10-19
  The court held that the district court did not abuse its discretion in limiting the class certification to manageable portions, particularly given the unmanageability of a larger class and the substantive grounds for limiting recovery to those actually deprived of housing.
• City OF N. Miami Beach v. Metro Dade Cnty.
  405 So. 2d 204· Fla. 3d DCA· 1981-10-06
  The City of North Miami Beach and two intervenor municipalities challenged a countywide special taxing district ordinance for fire and rescue services adopted by Metro Dade County. The trial court upheld the ordinance as valid despite contract provisions seemingly prohibiting suc
• Chaffin v. Taylor
  521 F. Supp. 1344· M.D. Fla.· 1981-09-16
  A parent receiving AFDC benefits on the basis of incapacity can establish eligibility by demonstrating inability to support OR care for their minor children, and states cannot deny benefits based solely on the ability to 'care' without considering the ability to 'support'.
• Teague v. Alexander
  662 F.2d 79· D.C. Cir.· 1981-08-24
  The court held that the IRS's broad investigation into political dissidents, without a clear nexus to tax enforcement, impermissibly infringed upon First Amendment rights.
• M. B. M., Inc. v. Rupert A. George
  655 F.2d 530· 3d Cir.· 1981-08-04
  The court held that the presumption of a grant to the center of a roadway does not apply when extrinsic circumstances demonstrate the grantor's intent to retain ownership of the right of way.
• Jean v. Meissner
  315 F. Supp. 832· S.D. Fla.· 1981-07-06
  The court held that the amended petition was properly filed and that joinder of parties and claims was appropriate under the Federal Rules of Civil Procedure, but that bifurcation of proceedings was necessary to avoid prejudice to the respondents.
• Mortg. Assocs., Inc. v. Cleland
  651 F.2d 476· 7th Cir.· 1981-06-09
  A mortgagee's failure to notify the VA of a foreclosure sale and a subsequent motion to set aside that sale, as required by VA regulations, prevents the mortgagee from recovering the increased liability to the VA resulting from that failure, as the mortgagee bears the burden of p
• Eldred S. Wallace v. King
  650 F.2d 529· 4th Cir.· 1981-06-05
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees and costs, and that the district court erred in limiting the scope of injunctive relief.
• Fredericks v. Mandel
  650 F.2d 144· 8th Cir.· 1981-06-03
  A tribal court lacks jurisdiction to condemn or grant a right-of-way over Indian trust lands because the United States is an indispensable party and the Secretary of the Interior's approval is required.
• Horsemen's Benevolent & Protective Ass'n v. Div. OF Pari-Mutuel Wagering Dep't OF Bus. Regulations
  397 So. 2d 692· Fla.· 1981-04-16
  The Florida Supreme Court held that section 550.2615, which requires licensed horse racetracks to deduct one percent of purses and pay it to a horsemen's association, is unconstitutional as an invalid exercise of the state police power. Although the statute's stated objective—enh
• Dostal v. Haig
  652 F.2d 173· D.C. Cir.· 1981-04-15
  The Due Process Clause of the Fifth Amendment does not require U.S. officials to forgo normal immunities or provide a judicial forum for individuals claiming injury from U.S. Armed Forces operations abroad if they cannot allege impairment of protected liberty or property interest
• Sandles v. Ruben
  314 F. Supp. 685· S.D. Fla.· 1981-03-25
• Peltier v. Assumption Parish Police Jury
  638 F.2d 21· 5th Cir.· 1981-02-23
  The court held that the Assumption Parish Police Jury exceeded its statutory authority by enacting an ordinance and contract allowing termination of water service for non-payment of garbage collection fees.
• Harris v. The State OF S.C.
  642 F.2d 71· 4th Cir.· 1981-02-20
  The court held that the petitioners' custody was based on subsequent indictments, not the allegedly illegal extradition warrants, and thus habeas corpus relief was unavailable.
• Refugio Lugo v. Miller
  640 F.2d 823· 6th Cir.· 1981-01-28
  The court held that the plaintiffs lacked standing to sue because they failed to demonstrate a sufficient causal connection between the IRS ruling and their alleged injuries, and that invalidating the ruling would not necessarily redress their injuries.
• United States v. State OF Md. & Louis L. Goldstein
  636 F.2d 73· 4th Cir.· 1980-12-31
  The court affirmed the district court's order granting summary judgment to the United States, upholding the federal statute prohibiting state income taxation of members of Congress residing in the state solely for congressional attendance.
• Kirchoff v. Moulder Bros., Inc.
  391 So. 2d 347· Fla. 5th DCA· 1980-12-17
  Kirchoff appealed a judgment for trespass to realty after the trial court prematurely dismissed their affirmative defense of prescriptive easement on a motion for judgment on the pleadings. The appellate court reversed, finding that the Kirchoffs adequately pled adversity of use
• Sallie Oster v. City OF NEW Orleans
  631 F.2d 71· 5th Cir.· 1980-11-21
  The court held that prior circuit precedent fully disposes of all issues raised on appeal, affirming the district court's judgment.