Injunctive Relief

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

• Fla. Gulf Coast Bldg. Trades Council, AFL-CIO v. The Edward J. DeBARTOLO Corp. & Belk Lindsey of Tampa, Inc.
  392 So. 2d 916· Fla. 2d DCA· 1980-11-14
  The Florida District Court reversed an injunction against the Florida Gulf Coast Building Trades Council's handbilling activity at a shopping mall owned by DeBartolo and Belk-Lindsey. The court held that the NLRB's determination that the handbilling constituted protected activity
• Anderson v. Firestone
  499 F. Supp. 1027· N.D. Fla.· 1980-10-10
  The court held that Florida's refusal to allow substitution of an independent presidential candidate's actual vice-presidential nominee for a surrogate name on the ballot violated equal protection.
• Anderson v. Hooper
  632 F.2d 116· 10th Cir.· 1980-10-08
  The court held that the disaffiliation provision of N.M.Stat.Ann. § 1-8-48 (1978) constitutionally bars an independent candidate from appearing on the ballot if they changed party affiliation within the statutory period, and that the timeliness issue was moot.
• City OF Pompano Beach v. Oltman
  389 So. 2d 283· Fla. 4th DCA· 1980-10-08
  The City of Pompano Beach appealed a judgment declaring its water rate ordinance unjustly discriminatory because it charged users outside the city double the rate for in-city users. The appellate court reversed, holding that municipalities have authority to charge differential ra
• Otho Thompson v. Capps
  626 F.2d 389· 5th Cir.· 1980-09-22
• Town OF E. Hartford v. Harris
  648 F.2d 4· D.C. Cir.· 1980-08-04
  The court held that the Department of Housing and Urban Development (HUD) complied with the Housing and Community Development Act by dispatching notice of disapproval within 75 days, as its regulation allowing dispatch rather than receipt was a reasonable interpretation of the st
• Freeman v. The Sch. Bd. OF Broward Cnty.
  382 So. 2d 140· Fla. 4th DCA· 1980-04-09
  Freeman appealed the dismissal of his complaint challenging a school board's demotion of him through restructuring of his coordinator position. The court reversed the dismissal, holding that Freeman was entitled to prove allegations that the school board violated the Administrati
• Nestler v. The Bd. OF LAW Exam'rs OF the State OF N.C. & James B. Swails
  611 F.2d 1380· 4th Cir.· 1980-01-11
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint to seek damages, and that the remaining claims were moot.
• Magin L. Melendez v. Starr
  377 So. 2d 217· Fla. 3d DCA· 1979-11-13
  Melendez, a former employee, filed suit seeking to enjoin Starr and Andresen from using the name "American Mat and Rubber Products" for their business. The trial court found neither party had authorization to use the name and awarded no damages to either side, but retained jurisd
• United States v. City OF McALESTER
  604 F.2d 42· 10th Cir.· 1979-08-14
  The court held that the United States was not an indispensable party to the 1903 condemnation suit because the Curtis Act authorized the condemnation of unallotted tribal lands for public improvements, and the City's uses of the easement were consistent with its purpose.
• Vitagliano v. United States
  601 F.2d 73· 2d Cir.· 1979-06-27
  The court held that a prisoner's 30-day confinement for failure to pay a fine, even if potentially unlawful under Supreme Court precedent, does not discharge the underlying debt of the fine itself.
• Newton v. Martina
  371 So. 2d 234· Fla. 1st DCA· 1979-05-30
  City commissioners and clerk appealed a circuit court judgment upholding the validity of a recall petition against four commissioners. The court held that once the Supervisor of Elections certified sufficient valid signatures to the City Clerk's office, the Clerk lacked authority
• Duncan v. Watterson
  49 Fla. Supp. 55· Palm Beach Cty. Cir. Ct.· 1979-02-21
  In a church property dispute arising from a schism within the Church of the Holy Spirit, an Episcopal parish in West Palm Beach, the court determined that the minority faction remaining loyal to the Episcopal Church is entitled to possession of the church property, not the majori
• Am. Ass'n OF Marriage & Fam. Counselors Inc. v. Brown
  593 F.2d 1365· D.C. Cir.· 1979-02-21
  The court held that attorneys' fees could not be awarded because the plaintiff association was the primary beneficiary of the litigation and capable of bearing the costs, and the benefit to the CHAMPUS beneficiaries was ancillary.
• The Chessick Clinic, P. A. v. Dewitt Jones
  367 So. 2d 1028· Fla. 2d DCA· 1979-01-19
  The court held that the dismissal of the claim for injunctive relief was error because the allegations in the complaint were sufficient to state a cause of action for breach of a restrictive covenant.
• Bell v. Manson
  590 F.2d 1224· 2d Cir.· 1978-12-27
  The court held that routine strip searches of pretrial detainees returning from outside visits are not unreasonable under the circumstances and do not violate civil rights.
• Metro. Dade Cnty. v. Shiver
  365 So. 2d 210· Fla. 3d DCA· 1978-12-12
  Metropolitan Dade County appealed a trial court injunction that blocked a referendum on a tourist development tax ordinance. The appellate court reversed, holding that the ballot language complied with statutory requirements and was not misleading, allowing the election to procee
• Dairymen, Inc. v. Ala. Dairy Comm'n
  584 F.2d 707· 5th Cir.· 1978-11-20
  The court held that Alabama's milk quota regulations, by reserving a substantial share of the Class I milk market for historic producers and indirectly regulating out-of-state prices, unconstitutionally burden interstate commerce.
• Faucett v. Wainwright
  362 So. 2d 1034· Fla. 1st DCA· 1978-10-04
• Weller v. Governor Reubin O'D. Askew
  363 So. 2d 1091· Fla.· 1978-09-21
  Landowners challenged the constitutionality of Florida's Big Cypress Conservation Act, which designated the Big Cypress Area as critical state concern and authorized state acquisition of private lands for eventual transfer to a federal preserve. The Florida Supreme Court affirmed
• Leon Cnty. Classroom Teachers Ass'n v. The Sch. Bd. OF Leon Cnty.
  363 So. 2d 353· Fla. 1st DCA· 1978-09-13
  The Leon County School Board sought an injunction to prevent arbitration of a non-tenured teacher's grievance regarding non-renewal of his contract. The court reversed the injunction, holding that the broad arbitration clause in the collective bargaining agreement covers disputes
• The Idaho Ass'n OF Naturopathic Physicians, Inc. v. United States Food & Drug Admin.
  582 F.2d 849· 4th Cir.· 1978-08-28
  The court held that the naturopaths' claims that states must recognize naturopathy as a distinct discipline with separate licensing requirements have been authoritatively rejected by Supreme Court precedent.
• Mallue v. Fla. Dep't of State
  48 Fla. Supp. 23· Leon Cty. Cir. Ct.· 1978-08-23
  Electors challenged a proposed constitutional amendment (Revision No. 3) on reapportionment as mathematically impossible due to conflicting population variance standards. The court rejected the facial invalidity claim, finding the amendment could be construed in harmony with the
• Scot L. Robertson v. United States
  582 F.2d 1126· 7th Cir.· 1978-08-18
  The Anti-Injunction Statute does not apply to the collection of assessments under the Marijuana Transfer Tax Act because it is penal in nature, not revenue-raising.
• Newburg Area Council, Inc. v. Bd. OF Educ. OF Jefferson Cnty.
  583 F.2d 827· 6th Cir.· 1978-08-14
  The Sixth Circuit held that a state statute allowing parents to enroll children in the school nearest their home was unconstitutional as applied to Jefferson County because it conflicted with a federal court-ordered desegregation plan. The court also held that a three-judge distr
• Barton v. Bergland
  579 F.2d 1009· 6th Cir.· 1978-07-20
  The court held that the Secretary of Agriculture has the discretionary authority to set tobacco grading standards, and the challenged regulations were a valid exercise of that authority.
• Fla. City Dev. Corp. v. Benrus Constr., Inc.
  362 So. 2d 298· Fla. 3d DCA· 1978-07-11
  Florida City Development Corporation appealed the trial court's denial of attorney's fees in a case where it prevailed on a mechanic's lien counterclaim. The appellate court reversed, holding that under Florida Statute § 713.29, the prevailing party in a mechanic's lien action is
• Interstate Commerce Comm'n v. BAY State Transp. Brokers
  579 F.2d 113· 1st Cir.· 1978-06-27
  The court held that the district court had jurisdiction to issue an injunction enforcing the subpoena and that the Commission could access Bay State's financial records.
• Sgt. William Harvey v. Metro. Dade Cnty.
  360 So. 2d 788· Fla. 3d DCA· 1978-06-20
  Police officers employed by Metropolitan Dade County sought additional educational pay supplements, arguing the county was required to provide both its pre-existing local supplement and the state-mandated supplement under Florida law. The court affirmed summary judgment for the c
• Bradley v. Detroit Bd. OF Educ.
  577 F.2d 1032· 6th Cir.· 1978-06-08
  Injunctive relief may not be granted solely based on speculative community fears about the impact of a lawful activity, even in the context of school desegregation.
• Losal Corp. v. Bayview Assocs., Inc.
  359 So. 2d 32· Fla. 3d DCA· 1978-05-30
  Summary judgment for landlord was improper because genuine issues of material fact existed regarding the scope of a non-compete clause in the lease and whether the tenant actually breached it.
• Metro. Cmty. Church of Miami, Inc. v. S. Bell Tel. & Tel. Co.
  47 Fla. Supp. 84· Dade Cty. Cir. Ct.· 1978-04-24
  The court held that the plaintiff's complaint failed to state a cause of action for both white page and yellow page directory listings, and that the requested relief was inappropriate under the cited statute.
• Shively v. Fla. Power & Light Co.
  47 Fla. Supp. 118· Dade Cty. Cir. Ct.· 1978-04-17
  A business owner sued Florida Power & Light Co. for allegedly wrongfully terminating his electric service after discovering alleged meter tampering and billing him for estimated diverted current. The court dismissed the complaint, holding that disputes over utility service termin
• Cont'l OIL Co. v. State OF Okla. ex rel. the Okla. Emp. Sec. Comm'n & David Boren
  574 F.2d 1016· 10th Cir.· 1978-04-05
  The court held that while dismissal of the injunctive relief claim was proper, dismissal of the declaratory judgment claim with prejudice was an error, and the matter should be remanded for further proceedings.
• Dewoody & Hamner, P. A. v. Gregory
  47 Fla. Supp. 10· Palm Beach Cty. Cir. Ct.· 1978-03-23
  An accounting firm sued a former employee for breaching a non-competition clause in his employment agreement by soliciting clients after his resignation. The court upheld the validity of the non-compete clause as reasonable, awarded liquidated damages of $8,656.21, and issued a t
• First Nat'l Bank OF Milaca v. Heimann
  572 F.2d 1244· 8th Cir.· 1978-03-10
  The court held that the Comptroller's regulation establishing a sliding scale for examination fees, which varies inversely with bank asset size, satisfies the statutory requirement that fees be "in proportion to" assets, as it provides a rational basis related to asset size and p
• Thomas R. "Blue" Fulford v. Reubin O'D. Askew
  356 So. 2d 40· Fla. 1st DCA· 1978-03-08
  Individual fishermen and their organization challenged the constitutionality of 102 local and special acts regulating fishing nets and areas along Florida's coasts. The trial court found that plaintiffs failed to carry their burden of proving the acts unconstitutional, and the ap
• Southway Disc. Ctr., Inc. v. City OF Birmingham
  568 F.2d 456· 5th Cir.· 1978-02-27
  The court held that appeals from orders of three-judge district courts concerning injunctions must be brought directly to the Supreme Court, not the Court of Appeals.
• State v. Krause
  47 Fla. Supp. 36· Dade Cty. Cir. Ct.· 1978-02-24
  The court held that an advisory screening group appointed by the Miami city manager to select a police chief is subject to Florida's Government in the Sunshine Law and must conduct open, publicly noticed meetings. The court rejected arguments that the group was too remote from fi
• Diplast v. Dade Cnty.
  47 Fla. Supp. 89· Dade Cty. Cir. Ct.· 1978-02-03
  A plaintiff must exhaust administrative remedies before seeking judicial review of zoning decisions.
• Krantzler v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  354 So. 2d 126· Fla. 3d DCA· 1978-01-24
  Citizens of Dade County appealed the dismissal of their suit challenging the county's expenditure of public funds to distribute brochures promoting a sales tax increase. The court reversed, holding that the citizens had standing to sue as taxpayers and that the complaint adequate
• Beaty v. Kimerling Corp.
  47 Fla. Supp. 103· Dade Cty. Cir. Ct.· 1978-01-03
  A tenant sought injunctive relief against a hotel for lockout and declaratory relief regarding the Division of Hotels and Restaurants' enforcement duties under Florida law. The court found that the division has specific duties to investigate and enforce tenant protection statutes
• Knoefler v. Schneider
  565 F.2d 1072· 9th Cir.· 1977-11-28
  The court held that the Knoeflers' suit for injunctive relief and damages was properly dismissed because 26 U.S.C. § 7421 bars injunctions against tax collection unless specific conditions are met, which were not satisfied here.
• Baycon Indus., Inc. v. Lee Cnty.
  46 Fla. Supp. 35· Lee Cty. Cir. Ct.· 1977-08-11
  Baycon Industries challenged Lee County's decision to reject its low bid on a bridge repair contract based on technical deficiencies. The court held that the alleged irregularities in Baycon's bid submission were immaterial and did not justify awarding the contract to a higher bi
• Pilla v. Alexander
  558 F.2d 509· 8th Cir.· 1977-07-22
  The court held that the appellant's claims are barred by res judicata and that no substantial federal constitutional question exists, thus affirming the district court's denial of a three-judge court and grant of summary judgment.
• Estilette v. Estilette
  555 F.2d 474· 5th Cir.· 1977-07-07
  The appeal is dismissed as moot because the parties have reconciled.
• Johnson Serv. Co. v. Fla. Elec. Contractors Licensing Bd.
  347 So. 2d 808· Fla. 1st DCA· 1977-06-30
  The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
• Hudson Pulp & Paper Corp. v. Cnty. OF Volusia
  348 So. 2d 44· Fla. 1st DCA· 1977-06-29
  Hudson Pulp & Paper Corp. challenged a Volusia County ordinance establishing a Municipal Service District with ad valorem tax authority, arguing that taxing its rural forestland that received no municipal services violated state and federal constitutional provisions. The court up
• Hazel v. Carlson
  557 F.2d 50· 2d Cir.· 1977-06-21
  The court held that the record was insufficient to evaluate the appellant's claims regarding his transfer and the availability of treatment.
• Alsdorf v. Broward Cnty.
  46 Fla. Supp. 38· Broward Cty. Cir. Ct.· 1977-05-18
  In this complex municipal tax dispute, the Broward County Circuit Court determined which county services provided real and substantial benefits to taxpayers in incorporated areas and therefore could be funded by taxes on municipal properties. The court upheld county taxation for