Injunctive Relief

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

• Carter v. Cal. Adult Auth.
  433 F.2d 978· 9th Cir.· 1970-11-12
  The court held that the prisoner's suit was frivolous and affirmed the denial of his petition to proceed in forma pauperis and the dismissal of his suit.
• City OF Miami v. City OF Coral Gables
  240 So. 2d 499· Fla. 3d DCA· 1970-11-03
  The court affirmed an injunction against the City of Miami's Coconut Grove incinerator, holding that evidence of future abatement plans was properly excluded because the facility had already been declared a nuisance.
• Golden Hills Turf & Country Club, Inc. v. Buchanan
  35 Fla. Supp. 1· Marion Cty. Cir. Ct.· 1970-10-27
  Golden Hills Turf and Country Club and neighboring property owners sued cattle feedlot operator H.S. Buchanan for nuisance, alleging that his 2,500-head feedlot operation created unbearable fecal odors and flies that interfered with their residential development, golf club, and s
• Minniefee v. Hale
  429 F.2d 1239· 5th Cir.· 1970-07-20
  The court affirmed the district court's order denying in part and granting in part a prisoner's petition for injunctive relief regarding prison conditions.
• Vazquez v. Attorney General OF the United States
  433 F.2d 516· D.C. Cir.· 1970-07-16
  The United States, by virtue of its treaty obligations, was disabled from subjecting appellant, a dual citizen, to involuntary military service.
• Pruitt v. Campbell
  429 F.2d 642· 4th Cir.· 1970-07-16
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
• Anderson v. Olin G. Blackwell
  428 F.2d 879· 5th Cir.· 1970-06-23
• Cook v. Bd. OF Educ. OF Salmon River Cent. Sch. Dist. NO. 1
  424 F.2d 995· 2d Cir.· 1970-04-21
  The court held that the case was moot due to a statutory amendment removing voting obstacles for appellants.
• Amsterdam Film Corp. v. Duggan
  423 F.2d 698· 3d Cir.· 1970-02-24
  The appeal is moot because the underlying issue of the film's obscenity has been resolved by the Pennsylvania Supreme Court, rendering the requested injunctive relief unnecessary.
• Westwood Lake, Inc. v. Metro. Dade Cnty. Water & Sewer Bd.
  33 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1970-02-11
  The court held that the investment method of rate-making is constitutional, and excluding customer contributions from the rate base is a valid exercise of police power.
• Richard D. Zelechower, M.D. v. Evelle J. Younger
  424 F.2d 1256· 9th Cir.· 1970-01-28
  The court held that injunctive and declaratory relief should be denied on principles of abstention, and damage claims are nullified by official immunity.
• United States v. Emmett W. Farrar
  414 F.2d 936· 5th Cir.· 1969-08-14
  The court held that the district court erred in dismissing the United States' suit for injunctive relief against most appellees, as their conduct constituted interference with Negro citizens' constitutional rights.
• Armco Steel Corp. & Armco Emps. Indep. Fed'n, Inc. v. Ordman
  414 F.2d 259· 6th Cir.· 1969-08-04
  The court held that the National Labor Relations Board has jurisdiction to hear and decide the unfair labor practice complaint, subject to statutory review.
• Lake Worth Boating & Fishing Club, Inc. v. City OF Lake Worth
  32 Fla. Supp. 191· Palm Beach Cty. Cir. Ct.· 1969-07-24
  A Florida circuit court addressed a venue dispute in a case where plaintiffs challenged permits issued by the Trustees of the Internal Improvement Fund affecting property in Lake Worth. The court held that state administrative officers like the Trustees may be sued only in their
• Rouse v. Dade Cnty.
  32 Fla. Supp. 74· Dade Cty. Cir. Ct.· 1969-07-07
  The court held that a building code requiring connection to public water mains where available applies even if a private well provides potable water, as it is a reasonable exercise of police power for public health.
• S. Bell Tel. & Tel. Co. v. A. L. Ross & Sons Publishers, Inc.
  32 Fla. Supp. 205· Duval Cty. Cir. Ct.· 1969-07-02
  The court held that a plaintiff is entitled to an injunction against a defendant's deceptive advertising practices that damage the plaintiff's goodwill, even if the defendant states an intent to cease the practices.
• Nat'l Lead Co. v. Kanawha Block Co.
  409 F.2d 1309· 4th Cir.· 1969-04-29
  The court held that the construction of a public highway, even without direct access to the granted parcel, did not terminate the easement, and use of the easement for an adjoining parcel was improper but not enjoined.
• Tri-State Generation & Transmission Ass'n, Inc. v. The Pub. Serv. Comm'n OF Wyo.
  412 F.2d 115· 10th Cir.· 1969-04-28
  Federal courts should not grant injunctive relief against state regulatory actions when a plain, speedy, and efficient remedy is available in state courts, even if the state action affects interstate commerce.
• The Amberley Co. v. The Brown Co.
  408 F.2d 1358· 6th Cir.· 1969-04-17
  The court held that because Amberley did not disclose its trade secret to KVP, the consideration for the disclosure agreement failed, and KVP had no obligation to maintain confidentiality or refrain from using the process.
• Berns v. City OF Miami Beach
  32 Fla. Supp. 7· Dade Cty. Cir. Ct.· 1969-03-25
  The court held that the Florida Government in the Sunshine Law prohibits all formal or informal meetings involving city business, regardless of whether a vote is taken, unless the meeting is open to the public.
• Newton v. Williams
  32 Fla. Supp. 10· Orange Cty. Cir. Ct.· 1969-02-27
  A Florida circuit court granted injunctive and declaratory relief to a motorist whose driver's license was summarily suspended under the Financial Responsibility Law without a prior hearing. The court held that the statute violates due process and equal protection by suspending p
• Boyle v. Dickson
  406 F.2d 829· 9th Cir.· 1969-01-23
  The court held that the district court did not err in dismissing the civil rights action filed by indigent inmates.
• Olin's Miami Rent-A-Car, Inc. v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  217 So. 2d 144· Fla. 3d DCA· 1968-12-24
  The Dade County Port Authority obtained a permanent injunction against Olin's Miami Rent-A-Car, Inc., prohibiting it from paging customers over the airport's public address system and displaying its name at Miami International Airport. The appellate court affirmed, finding that t
• Ely Silverman v. The State BAR OF Tex.
  405 F.2d 410· 5th Cir.· 1968-12-11
  A state regulation that requires a patent attorney, who is also licensed to practice law in the state, to forfeit a state-granted privilege (listing specialty in directory) in order to exercise a federally granted privilege (advertising specialty) is invalid due to conflict with
• Scott v. L. W. (Woody) Davis
  404 F.2d 1373· 5th Cir.· 1968-12-06
  The court held that the case presents substantial questions of fact and law requiring further development through oral examination, not just affidavits.
• O'Steen v. Jacobsen
  31 Fla. Supp. 184· Palm Beach Cty. Cir. Ct.· 1968-11-07
  Homeowners sought injunctive relief to prevent construction of a gasoline service station on adjacent property, claiming the variance granted by the board of adjustment was invalid. The court dismissed the action, holding that even assuming the variance was improperly granted, pl
• Eveready Pest Control Serv. v. City of Miami Beach
  31 Fla. Supp. 147· Dade Cty. Cir. Ct.· 1968-10-25
  The court held that the city's occupational license requirement is unconstitutional and void as applied to exterminating businesses whose principal locations are outside the city limits, even if they perform services within the city.
• L. H. (Buddy) Hough v. Amato
  212 So. 2d 662· Fla. 1st DCA· 1968-07-11
  The court held that the city is equitably estopped from enforcing a zoning ordinance against the plaintiff's museum due to his substantial reliance on prior zoning laws.
• Lamb Enters., Inc. v. City OF Erie & Council of the City of Erie & Erie Television Corp.
  396 F.2d 752· 3d Cir.· 1968-06-21
  The court held that the ordinance on its face does not violate federal power or legislation, and the plaintiff failed to show sufficient harm to warrant an injunction.
• Wallace v. Folks
  30 Fla. Supp. 161· Duval Cty. Cir. Ct.· 1968-06-13
  In this 1968 Florida circuit court case, the plaintiff Wallace obtained a temporary injunction prohibiting defendants Folks and Holloway from representing themselves as official representatives of George C. Wallace's presidential campaign or engaging in any campaign activities on
• Pvt. Felix Chavez, Jr. v. Major General R. G. Fergusson
  395 F.2d 215· 9th Cir.· 1968-05-17
  The court held that the issues presented in the complaint are now moot due to the appellant's discharge from the army.
• van Geldern v. Abelicio Chavez
  392 F.2d 578· 9th Cir.· 1968-04-01
  The court held that the case should be dismissed as moot, not the appeal, to prevent the lower court's judgment from having res judicata effect.
• Cooper v. Gibson
  208 So. 2d 117· Fla. 4th DCA· 1968-03-14
  An injunction sought under Chapter 63-1716 is a personal remedy, requiring personal service, and cannot be maintained against a nonresident defendant via constructive service.
• Varlas v. Meiklejohn
  206 So. 2d 449· Fla. 1st DCA· 1968-02-01
  Varlas sought declaratory and injunctive relief challenging the Director of the Beverage Department's interpretation of a statute barring persons convicted of felonies within fifteen years from holding beverage licenses. The court reversed the dismissal as to the declaratory judg
• Winkler v. Pringle
  387 F.2d 380· 3d Cir.· 1967-12-20
  The court affirmed the denial of the petition to reopen and reconsider the prior dismissal, but remanded an order denying a motion for a permanent injunction.
• Alleyenne B. Davis v. Sec'y, Dep't OF Health, Educ. & Welf., and, Chairman, U. S. Civil Serv. Comm'n, & Comm'r, Soc. Sec. Admin.
  386 F.2d 429· 4th Cir.· 1967-11-10
  The court affirmed the district court's dismissal of the complaint regarding administrative proceedings, finding the hearing officer was qualified.
• Jackson v. Pate
  382 F.2d 517· 7th Cir.· 1967-06-29
  The court held that the record did not support the issuance of an injunction regarding prison dietary laws, vacating that portion of the judgment.
• Burke v. Dade Cnty.
  28 Fla. Supp. 197· Dade Cty. Cir. Ct.· 1967-06-27
  Burke challenged the constitutionality of a Dade County ordinance regulating real property tax consultants, arguing the ordinance was too restrictive and created invidious discrimination by limiting who could represent taxpayers before tax assessment bodies. The circuit court uph
• Copeland v. S. Bend Cmty. Sch. Corp.
  376 F.2d 585· 7th Cir.· 1967-05-08
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because its findings that the school was safe and suitable for occupancy were supported by substantial evidence.
• Reuben Gamble v. City OF Dublin
  375 F.2d 1013· 5th Cir.· 1967-04-21
  The court held that the district court erred in granting an injunction requiring appellants to comply with city ordinances, but correctly remanded cases removed under 28 U.S.C.A. § 1443.
• Gulf Oil Corp. v. City of Coral Gables
  28 Fla. Supp. 34· Dade Cty. Cir. Ct.· 1967-02-03
  Gulf Oil Corporation challenged the constitutionality of Coral Gables Ordinance No. 1461, which prohibited service stations on Ponce de Leon Boulevard. The court found the ordinance unconstitutional as applied to Gulf Oil's property because the city arbitrarily granted exceptions
• United Steelworkers OF Am., AFL-CIO v. United States
  372 F.2d 922· D.C. Cir.· 1966-12-23
  The court held that a strike affecting a substantial part of the military aircraft engine industry, which is critical to national safety, falls within the scope of the National Emergencies provisions of the Labor Management Relations Act.
• Gen. Tel. Co. OF Fla. v. City OF Bradenton
  192 So. 2d 534· Fla. 2d DCA· 1966-12-07
  General Telephone Company sued Bradenton for declaratory relief and injunction after the city removed cable marker signs installed by the company along public streets to indicate buried telephone line locations. The appellate court reversed the trial court's decision that upheld
• Kaycee, Inc. v. Simonson
  369 F.2d 958· D.C. Cir.· 1966-11-22
  The court held that there was insufficient evidence of bias to disqualify a Board member and that the Board's decisions were supported by the record.
• Mendelsund v. Southern-Aire Coats OF Fla., Inc.
  27 Fla. Supp. 174· Dade Cty. Cir. Ct.· 1966-11-07
  The court refused to enforce a New York arbitration award and judgment against a Florida corporation, holding that a New York court lacked jurisdiction to order the liquidation of a Florida corporation and that full faith and credit does not apply to such an extraterritorial diss
• Jacksonville Expressway Auth. & Barnett First Nat'l Bank of Jacksonville v. Duval Cnty.
  189 So. 2d 837· Fla. 1st DCA· 1966-08-30
  This case involves an interlocutory appeal by defendants from a trial court's denial of their motion to dismiss a complaint seeking declaratory relief under Florida's Declaratory Judgments Act. The court affirmed the denial, holding that the plaintiff's dispute with a state agenc
• Int'l Breweries, Inc. v. Anheuser-Busch
  364 F.2d 261· 5th Cir.· 1966-08-03
  The court held that the prior Ohio litigation, through estoppel by judgment, barred relitigation of trademark rights, and that the appellant failed to show a likelihood of confusion or secondary meaning for its 'Bavarian's' trademark outside a limited geographic area.
• The Peoples Water Serv. v. Hurtis Adkinson and Effie Adkinson
  184 So. 2d 707· Fla. 1st DCA· 1966-04-05
  The court considered whether a city could mandate connection to its sewer system and charge a fee when a property owner had an adequate and approved cesspool.
• Dade Cnty. v. Philbrick Ambulance Serv., Inc.
  26 Fla. Supp. 82· Dade Cty. Cir. Ct.· 1966-03-28
  Dade County sought to enforce local ambulance regulations against Philbrick Ambulance Service, which operated under a state Public Service Commission permit. The circuit court upheld the constitutionality of state legislation authorizing Dade County to regulate ambulances exclusi
• The NEW York Cent. R.R. Co. v. Brotherhood OF Locomotive Firemen AND Enginemen
  355 F.2d 503· 7th Cir.· 1966-01-20
  The court considered motions for attorney's fees from the plaintiff-insurer, a defendant, and a guardian ad litem, in an interpleader action concerning accidental death benefits under life insurance certificates.