Injunctive Relief

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

• United Fam. Farmers, Inc. v. Kleppe
  552 F.2d 823· 8th Cir.· 1977-04-07
  The court held that Section 46 of the Omnibus Adjustment Act of 1926 superseded Section 12 of the Reclamation Extension Act of 1914 for projects built after 1926, allowing construction to proceed without all excess land contracts being executed.
• Ala. State Tenants Org. v. Bass
  549 F.2d 961· 5th Cir.· 1977-03-30
  The court affirmed the dismissal of the first three causes of action as premature and affirmed the dismissal of claims seven, eight, and nine, but vacated and remanded claims four, five, and six.
• Lloyd A. FRY Roofing Co. v. City OF Minneapolis
  551 F.2d 200· 8th Cir.· 1977-03-10
  The court held that a prior judicial finding of compliance with an air pollution ordinance does not have infinite prospective effect and cannot prevent a subsequent administrative body from finding a violation based on changed conditions.
• Groves v. Rogers
  547 F.2d 898· 5th Cir.· 1977-02-25
  The court held that a party cannot manipulate the form of action to circumvent federal diversity jurisdiction requirements, especially when indispensable parties would destroy diversity.
• Buck Green v. Mo. Pac. R.R. Co.
  549 F.2d 1158· 8th Cir.· 1977-02-22
• State of Fla. Dep't OF Revenue v. Gibbs
  342 So. 2d 562· Fla. 1st DCA· 1977-02-18
  The Florida Department of Revenue appealed a judgment in favor of the tax collector, contending that taxes on leasehold interests in governmentally owned property must be collected exclusively through a statutory procedure requiring legal action or tax executions rather than thro
• The N.Y. Times Co. v. Club Prods. Int'l, Inc.
  45 Fla. Supp. 27· Fla. Cir. Ct.· 1977-01-07
  The court held that the defendant intentionally infringed the plaintiff's trademark and engaged in unfair competition, entitling the plaintiff to summary judgment and injunctive relief.
• Calf v. Scott Land & Livestock Co.
  549 F.2d 1209· 9th Cir.· 1976-12-30
  The court held that the plaintiffs failed to prove that their leasing practices violated statutory and regulatory provisions limiting lease durations, even if those practices were deemed illegal.
• Schanbarger v. Dist. Attorney OF Rensselaer Cnty.
  547 F.2d 770· 2d Cir.· 1976-12-30
  The court held that the dismissal of the complaint was proper except for the portion seeking expungement of arrest records, which requires further exploration.
• Century 21 Commodore Plaza, Inc. v. Commodore Plaza AT Century 21 Condo. Ass'n, Inc.
  340 So. 2d 945· Fla. 3d DCA· 1976-12-01
  A Florida condominium association levied a special assessment with credits based on initial contributions paid at the time of unit purchase, rather than proportional ownership of common elements. The court held the credit portion ultra vires and invalid, but upheld the assessment
• City OF Miami v. Grable
  339 So. 2d 259· Fla. 3d DCA· 1976-11-09
  The City of Miami appealed a trial court's injunction requiring it to permit rezoning of property from R-1 (single-family) to R-4 (multi-family) classification. The appellate court affirmed, holding that the city's denial of the rezoning request was arbitrary and capricious given
• The Vette Shop, Inc. v. ROY
  542 F.2d 20· 6th Cir.· 1976-09-13
  The court held that the term 'Vette Shop' is a generic term not subject to protection under the Lanham Act because the plaintiff failed to establish secondary meaning.
• Edwin K. Williams & Co.-East v. Hunt
  346 So. 2d 1198· Fla. 1st DCA· 1976-09-10
  In this non-compete enforcement case, the Florida District Court of Appeal affirmed dismissal of an injunction seeking to enforce a three-year post-termination restrictive covenant, holding that appellant lost any equitable claim to injunctive relief by waiting nearly three years
• Leonard v. Lopez
  44 Fla. Supp. 134· Palm Beach Cty. Cir. Ct.· 1976-08-30
  A candidate for sheriff challenged a rival's qualifications, arguing the rival held an appointive public office requiring resignation before qualifying for a different elected position. The court held that the rival's position as county director of public safety was an at-will em
• Aldred v. Duling
  538 F.2d 637· 4th Cir.· 1976-08-09
  The court held that the city ordinance prohibiting commercial massages involving physical contact between persons of opposite sexes does not conflict with Title VII of the Civil Rights Act of 1964.
• Boca Linda E. Ass'n, Inc. v. McADAM
  44 Fla. Supp. 169· Palm Beach Cty. Cir. Ct.· 1976-07-20
  The court held that the defendant did not waive the defense of lack of personal jurisdiction by failing to assert it, as her actions were reasonable given the circumstances.
• The Newspaper Guild v. Levi
  539 F.2d 755· D.C. Cir.· 1976-07-01
  The Court held that section 4(b) of the Newspaper Preservation Act does not require prior Attorney General approval for all joint newspaper operating agreements, but only for those seeking an antitrust exemption.
• Dwen v. Barry
  543 F.2d 465· 2d Cir.· 1976-06-25
  The court vacated its prior judgment and remanded to the district court with instructions to dismiss the complaint, following the Supreme Court's reversal.
• Edward and Nancy Kablaoui v. C.A. No. 2021-0700-PWG Gerar Place Condo. Ass'n
  Del. Ch.· 1976-04-06
  The court considered interlocutory appeals concerning a protective order for financial records and the dismissal of a complaint related to an alleged joint venture for real estate development.
• Williams v. Elayn Hunt
  529 F.2d 740· 5th Cir.· 1976-03-31
  The court held that a prisoner's pro se civil rights complaint should not be dismissed without a hearing due to potential confusion with another inmate of the same name who had previously filed suit.
• Benfield v. Bounds
  540 F.2d 670· 4th Cir.· 1976-03-31
  The court held that the Wolff v. McDonnell procedural due process standards do not apply retroactively to prison transfers or reclassifications that occurred before June 26, 1974. However, cases involving transfers after that date may require Wolff-type hearings if they constitut
• The State of Fla. Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Sea-Air Ests., Inc.
  327 So. 2d 823· Fla. 3d DCA· 1976-02-24
  The Florida Board of Trustees of the Internal Improvement Trust Fund appealed a judgment finding it lacked regulatory jurisdiction over excavation work performed within artificially created navigable waters on private land. The court affirmed, holding that Section 253.123(1) of t
• Nall v. Baldwin
  43 Fla. Supp. 200· Walton Cty. Cir. Ct.· 1976-02-03
  Two groups of public school employees challenged the Walton County School Board's resolution abolishing their positions, arguing the board lacked authority to act without the superintendent's recommendation. The circuit court upheld the board's action, holding that school boards
• Armstrong v. Ward
  529 F.2d 1132· 2d Cir.· 1976-02-03
  The court held that the case was moot because there was no reasonable expectation that the alleged wrong would be repeated, and vacated the lower court's judgment.
• Covington v. The City OF Raleigh
  531 F.2d 220· 4th Cir.· 1976-01-30
  The court held that the plaintiff's claims for injunctive and declaratory relief, and damages related to the city's parking ordinance and practices, were largely without merit, except for a specific claim for individual damages related to prior tickets.
• DOE v. Poelker
  527 F.2d 605· 8th Cir.· 1976-01-05
  The court held that a plaintiff's contractual obligation to pay an attorney does not limit the amount of attorney fees a defendant may be ordered to pay under federal civil rights statutes.
• Leavy Campbell v. Cousins
  524 F.2d 925· 5th Cir.· 1975-12-12
  The court held that the district court's findings were not clearly erroneous and that the prisoner's due process claims were foreclosed by case law limiting the retroactive application of Wolff v. McDonnell.
• Meyers v. Garmire
  324 So. 2d 134· Fla. 3d DCA· 1975-12-09
  Police officers sought injunctive relief and mandamus to challenge the denial of promotions to sergeant, alleging the Chief of Police and other officials conspired to abolish the positions. The trial court allowed the defendants to introduce new issues and defenses beyond the pre
• State ex rel. State Attorney v. Goodwin
  43 Fla. Supp. 149· Broward Cty. Cir. Ct.· 1975-08-19
  The court held that the defendant's operation of a motor vehicle while his license was suspended constituted a public nuisance, justifying injunctive relief.
• Rodriguez v. Dicoa Corp.
  318 So. 2d 442· Fla. 3d DCA· 1975-07-22
  The trial court improperly granted an equitable attachment and injunction in a common law debt action after the original debt had been satisfied by payment, then entered a default judgment and final judgment exceeding $300,000 based on this void order. The appellate court reverse
• Roswil, Inc. v. Retail Store Emps. Local 322
  518 F.2d 663· 8th Cir.· 1975-07-15
  The court held that the district court correctly found the issues moot due to the parties entering into a new collective bargaining agreement after the arbitration award.
• Denver Slone v. Ky. Dep't OF Transp.
  513 F.2d 1189· 6th Cir.· 1975-04-03
  The court held that the revocation of the plaintiff's driver's license was invalid under Kentucky law due to administrative and police errors, rendering the constitutional challenge moot.
• ESP Fid. Corp. v. Dep't OF Hous. & Urban Dev.
  512 F.2d 887· 9th Cir.· 1975-03-06
  The court held that the appellant lacked standing, the doctrine of unclean hands applied, and the district court lacked jurisdiction to grant the requested relief.
• McKENNA v. Fargo
  510 F.2d 1179· 3d Cir.· 1975-02-11
  The court held that the district court erred in dismissing the case for lack of federal subject matter jurisdiction and that the appeal was not moot.
• Watkins v. Washington
  511 F.2d 404· D.C. Cir.· 1975-02-06
  The court held that the district court did not abuse its discretion in denying the motion to enforce its prior order, as the appellant had received the relief to which he was entitled.
• Dick H. Carson v. United States
  506 F.2d 745· 5th Cir.· 1975-01-15
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction, as the suit sought to enjoin tax collection and lacked a refund claim, and the plaintiff failed to establish irreparable harm.
• Hattie Keenon v. Conlisk
  507 F.2d 1259· 7th Cir.· 1974-12-30
  The court held that the district court erred in dismissing the complaint without considering evidence, as the plaintiff's allegations of discriminatory treatment based on sex were sufficient to require justification from the defendants.
• Dade Cnty. v. Palladeno
  303 So. 2d 692· Fla. 3d DCA· 1974-12-03
  Dade County appeals a trial court's order appointing an ad hoc committee to scrutinize the county's 'Blue Dash' traffic program. Although the trial court correctly recognized the county's police power authority to implement the program, it improperly overstepped the separation of
• Vanasco v. Schwartz
  506 F.2d 524· 2d Cir.· 1974-11-04
  The court held that the complaint raised substantial constitutional issues requiring a three-judge court.
• Hiram Strickland v. Sarabay Country Club, Inc.
  301 So. 2d 129· Fla. 2d DCA· 1974-10-09
  A Florida tax assessor appealed an order denying his motion to dismiss a property owner's challenge to increased tax assessments. The court held that the property owner's failure to timely file a petition with the Board of Tax Adjustment—without alleging extraordinary circumstanc
• Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc.
  42 Fla. Supp. 138· Orange Cty. Cir. Ct.· 1974-08-02
  Burger Chef Systems sought declaratory relief to establish its right to terminate a territorial franchise agreement at will. The court held that the franchise agreement is terminable only for cause as expressly stated in the contract, and permanently enjoined the franchisor from
• Wometco Enters., Inc. v. Buggy BUS, Inc.
  296 So. 2d 606· Fla. 3d DCA· 1974-06-18
  The court held that the trial court did not err in denying the plaintiff's request for damages and in not ordering the defendant to move its depot, as the defendant's operation was excepted from the ordinance's radius restriction.
• Shell OIL Co. v. State
  295 So. 2d 648· Fla. 3d DCA· 1974-06-04
  The Florida District Court of Appeal reviewed a case where the State of Florida sued Shell Oil Company for charging usurious interest rates on credit cards. The court considered whether the state could seek restitution on behalf of its citizens under the doctrine of parens patria
• Cadena v. Perasso
  498 F.2d 383· 9th Cir.· 1974-05-28
  A judge is immune from civil liability for acts committed in their judicial capacity, and injunctive relief is inappropriate when adequate legal remedies exist.
• Schuster v. Dist. Judge Grant L. Bowen of the Second Jud. Dist. Court of the State of Nev.
  496 F.2d 881· 9th Cir.· 1974-05-10
  The court held that the case was moot because the underlying order had been rescinded, and there was no reasonable expectation that the same issue would recur.
• Cameron v. Whirlwindhorse
  494 F.2d 110· 8th Cir.· 1974-04-02
  The court held that the claims for injunctive and declaratory relief were moot due to the student's subsequent adjudication as a juvenile delinquent, and the claims for damages failed to state a claim upon which relief could be granted.
• City of Atlantis v. Herron
  42 Fla. Supp. 147· Palm Beach Cty. Cir. Ct.· 1974-03-26
  The Emergency School Aid Act of 1972 (§ 718) applies to attorneys' fees incurred prior to its enactment if the case was pending on appeal when the statute became effective, and applying it would not result in manifest injustice.
• State of Fla. ex rel. Robert L. Shevin v. Morgan
  289 So. 2d 782· Fla. 2d DCA· 1974-02-13
  The attorney general has standing to bring an action to abate a public nuisance under Florida Statutes sections 60.05 and 823.05, and the complaint stated a sufficient cause of action to withstand a motion to dismiss.
• Nat'l R.R. Passenger Corp. v. Harris
  490 F.2d 572· 10th Cir.· 1974-01-09
  The court held that the district court improvidently granted injunctions staying enforcement of Oklahoma's liquor laws against Amtrak and intervenors, and that the appeal in one case was moot.
• William F. Wilke, Inc. v. Dep't OF the Army OF the United States
  490 F.2d 917· 4th Cir.· 1973-12-17
  The dissenting judge holds that the district court erred in denying injunctive relief because the Army arbitrarily transgressed statutory limits and its own regulations.