Injunctive Relief

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

• Kamsler v. Ward
  353 F.2d 206· 7th Cir.· 1965-11-08
  The court held that Kamsler's suit for a temporary injunction to restrain further prosecution under indictments was properly dismissed because there was no further prosecution to restrain.
• Schroeder v. State OF Ill.
  354 F.2d 561· 7th Cir.· 1965-11-02
  The court held that the district court correctly dismissed the case for want of jurisdiction, as the plaintiffs' claims did not present a federal question or a basis for federal court review of state court proceedings.
• Jacinto Pereira v. State Rd. Dep't
  178 So. 2d 626· Fla. 1st DCA· 1965-09-23
  Landowners appealed dismissal of a tort complaint against the State Road Department for damages to riparian property allegedly caused by ferry boat operations. The court affirmed dismissal on sovereign immunity grounds, holding that the State Road Department is immune from tort l
• City OF Ocoee v. Lake Apopka Natural GAS Dist.
  176 So. 2d 552· Fla. 2d DCA· 1965-06-11
  City of Ocoee appealed an injunction prohibiting it from requiring a permit for a natural gas transmission line along State Road 50 within its boundaries. The court held that the state road system is under exclusive state jurisdiction unless designated as a municipal connecting l
• In re THE Florida BAR
  175 So. 2d 530· Fla.· 1965-05-19
  The Florida Supreme Court granted The Florida Bar's petition to amend the Integration Rule by restructuring the Board of Governors' composition based on judicial circuits and active membership, and by establishing a comprehensive procedure for investigating and adjudicating claim
• Cent. & S. Fla. Flood Control Dist. v. Okeelanta Sugar Refinery, Inc.
  168 So. 2d 537· Fla.· 1964-11-04
  The Florida Supreme Court upheld the invalidation of a 1959 statute that attempted to amend a 1955 flood control law by removing an expiration date. The court held that the amendatory statute violated the Florida Constitution because it was not a complete, coherent, and intelligi
• Austin Burke, Inc. v. City OF Miami Beach
  23 Fla. Supp. 175· Dade Cty. Cir. Ct.· 1964-09-14
  Austin Burke, Inc. challenged the constitutionality of Miami Beach's advertising ordinance after being convicted for truthfully advertising an emergency inventory liquidation sale without obtaining a city license. The court declared the ordinance unconstitutional on multiple grou
• Dreger v. Mallard
  23 Fla. Supp. 43· Duval Cty. Cir. Ct.· 1964-07-06
  A county elector and taxpayer sought to enjoin the supervisor of registration from conducting a "straw ballot" on racial integration of privately owned restaurants, hotels, and motels authorized by the county commission. The court held that the elector had standing to sue and tha
• Weintraub v. Mason
  165 So. 2d 188· Fla. 3d DCA· 1964-06-16
  The Florida District Court of Appeal reversed an interlocutory injunction against a business owner accused of operating as an unlicensed carrier. The court found insufficient evidentiary support for the injunction, particularly regarding whether the owner provided drivers for lea
• Kittel v. Anne B. Kittel
  164 So. 2d 833· Fla. 3d DCA· 1964-05-05
  In this domestic dispute arising from a prior separate maintenance decree, the husband obtained a Mexican divorce while the wife sought to invalidate it through a declaratory judgment action and recover attorney's fees. The court affirmed the trial court's denial of the husband's
• Will McCLURE v. Rountree
  330 F.2d 954· 6th Cir.· 1964-04-28
  The court affirmed the district court's decision to deny injunctive relief and grant summary judgment.
• PAN Am. Window Corp. v. Ira Eason
  163 So. 2d 318· Fla. 3d DCA· 1964-04-28
  The court held that the complaint stated a cause of action against Pan American Window Corp. and that the trial court did not err in requiring Pan American to account for royalties.
• Cassie E. ORR v. Sterling M. Dietrich
  331 F.2d 52· 7th Cir.· 1964-04-24
  The court held that the district court properly dismissed the complaint for injunctive relief because it failed to state a claim upon which relief could be granted and the court lacked jurisdiction.
• The Borden Co. v. Andrews
  162 So. 2d 906· Fla. 2d DCA· 1964-04-15
  The Borden Company challenged three Florida Milk Commission orders fixing minimum producer milk prices in three marketing areas, arguing the orders lacked sufficient evidentiary support, violated notice requirements, and failed to simultaneously fix dealer prices. The appellate c
• Johnson v. Wall
  329 F.2d 149· 4th Cir.· 1964-03-06
  A federal court lacks jurisdiction to enjoin the collection of federal excise taxes, even if the taxpayer claims illegality and irreparable harm, unless it is clear the government cannot prevail.
• S. Bell Tel. & Tel. Co. v. Paul's Drugs, Inc.
  22 Fla. Supp. 191· Dade Cty. Cir. Ct.· 1964-02-28
  The court held that defendants' continued acceptance of telephone payments after contract termination constituted an unlawful interference with contractual relations, justifying injunctive relief.
• Johnston v. Okeechobee Gen. Hosp.
  24 Fla. Supp. 1· Okeechobee Cty. Cir. Ct.· 1964-02-21
  A licensed physician challenges his suspension from a public hospital based on the hospital's by-law requiring applicants to be "qualified for membership" in the local medical society. The court holds the by-law unreasonable and arbitrary when applied to deny staff privileges bas
• Love v. Escambia Cnty.
  157 So. 2d 205· Fla. 1st DCA· 1963-11-05
  The court held that an indigent out-patient clinic dispensing pre-packaged drugs to its patients under a physician's supervision is not a retail drug establishment and is exempt from pharmacist supervision requirements.
• Charouhis v. Dade Cnty.
  22 Fla. Supp. 16· Dade Cty. Cir. Ct.· 1963-11-05
  This case challenges the constitutionality of a Dade County ordinance prohibiting the advertisement of hotel and motel rates outside buildings. The court upheld the ordinance as a valid exercise of legislative power designed to protect the local tourism industry and general commu
• Koch v. Good Gov't League of Dade Cnty., Inc.
  22 Fla. Supp. 62· Dade Cty. Cir. Ct.· 1963-10-04
  The court held that the proposed charter amendment is invalid and unconstitutional because it conflicts with state law regarding property reassessment and uniform taxation.
• City of N. Miami Beach v. Steven's Mkt., Inc.
  22 Fla. Supp. 5· Dade Cty. Cir. Ct.· 1963-10-02
  The City of North Miami Beach sought injunctive relief to abate a public nuisance caused by a defendant's incinerator disposal plant. The court rejected the defendant's motion to dismiss and held that a municipality has standing to sue in equity to enjoin a public nuisance withou
• Zimmerman v. Lunine
  22 Fla. Supp. 9· Dade Cty. Cir. Ct.· 1963-07-19
  The court held that the mere confusion caused by a defendant using their own name in business is insufficient grounds for equitable intervention, absent fraud or deception.
• Wojcik v. Burton Palmer
  318 F.2d 171· 7th Cir.· 1963-06-13
  A federal court cannot grant declaratory or injunctive relief to stay state court ordinance prosecutions, as such actions would disrupt state court proceedings and violate federal statutes.
• Clark v. Pierie
  152 So. 2d 743· Fla. 1st DCA· 1963-04-23
  The court held that the trial court did not err in striking the appellant's defenses to the complaint.
• Dade Cnty. v. Lamb
  21 Fla. Supp. 53· Dade Cty. Cir. Ct.· 1963-02-26
  The court held that defendants must remove obstructions in the Coral Gables Canal and are permanently enjoined from interfering with its flow and the county's maintenance, as the canal is part of a vital public water control system.
• Seymour Gideon v. Tuscbay Props., Inc.
  314 F.2d 445· 5th Cir.· 1963-02-13
  The court held that the third amended complaint failed to state a claim upon which relief could be granted under either theory advanced.
• Eskind v. City OF Vero Beach
  150 So. 2d 254· Fla. 2d DCA· 1962-11-23
  A Florida appellate court upheld a city ordinance prohibiting outdoor signs advertising lodging rates for motels and hotels, rejecting the motel owners' constitutional challenge. The court found the ordinance was a valid exercise of police power reasonably related to the economic
• Andrews v. The Borden Co.
  143 So. 2d 556· Fla. 2d DCA· 1962-07-18
  The Florida Milk Commission is prohibited from fixing the producer price of milk sold to public schools, even if that price indirectly affects the ultimate cost to the schools.
• City of Fort Lauderdale v. Nat'l Ass'n for the Advancement OF Colored People
  20 Fla. Supp. 104· Broward Cty. Cir. Ct.· 1962-07-11
  The City of Fort Lauderdale sought an injunction against the NAACP and individuals organizing "wade-ins" at a public beach, claiming these protests constituted a public nuisance and clear and present danger to peaceful beach use. The court dismissed the complaint against the NAAC
• Charbet Chem. Co. v. Hysan Prods. Co.
  19 Fla. Supp. 134· Dade Cty. Cir. Ct.· 1962-02-23
  The court held that an oral agreement lacking certainty on its duration is insufficient to support an injunction for breach of contract.
• Ent. Clubs of Fla., Inc. v. State Bev. Dep't
  19 Fla. Supp. 82· Leon Cty. Cir. Ct.· 1962-02-14
  Entertainment clubs operating under Florida beverage licenses challenged a new state statute prohibiting their prior method of operation. The court upheld the statute as a valid exercise of police power, rejecting the clubs' request for a temporary injunction.
• Walker Mfg. Co. v. Bloomberg
  298 F.2d 688· 1st Cir.· 1962-01-31
  The court held that the district court had summary jurisdiction because the intangible 'Bettinger process' was not sufficiently in Walker's possession prior to bankruptcy filing, and the injunction was improperly issued as Walker's actions were authorized by the contract and subs
• Dade Cnty. v. Amalgamated Ass'n OF St. Elec. Ry. & Motor Coach Emps. OF Am.
  19 Fla. Supp. 69· Dade Cty. Cir. Ct.· 1962-01-04
  Dade County sought declaratory relief regarding its rights under Florida Statute 839.221 upon taking over a bus system from a private utility company where union members asserted the right to strike against government. The court held that because substantial financial and operati
• Chicago v. Order OF Railway Conductors AND Brakemen
  296 F.2d 453· 7th Cir.· 1961-11-08
  The court held that a dispute over the interpretation and application of a proposed addition to a collective bargaining agreement, after the carrier accepted the proposed language, constitutes a "minor dispute" subject to compulsory arbitration under the Railway Labor Act, and th
• Dickinson v. McNAYR
  18 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1961-10-02
  A taxpayer suit challenging Dade County's expenditure of public funds to oppose the proposed McLeod Amendment to the Home Rule Charter. The court denied the injunction, finding that while one publication (reprinting League of Women Voters' views in the official Metro Bulletin) wa
• Local 346 Int'l Leather Goods Union, AFL-CIO v. Compton
  292 F.2d 313· 1st Cir.· 1961-07-19
  The court held that there was reasonable cause to believe the unions engaged in unfair labor practices by picketing with the object of forcing employer recognition, warranting injunctive relief.
• Waldbaum v. Dade Cnty. Dairies, Inc.
  18 Fla. Supp. 58· Dade Cty. Cir. Ct.· 1961-05-10
  The court held that the plaintiff's solicitation of the defendant's customers violated the employment contract's non-solicitation clause, warranting injunctive relief.
• Chamberlin v. Dade Cnty. Sch. Bd.
  17 Fla. Supp. 183· Dade Cty. Cir. Ct.· 1961-05-10
  Parents challenged religious practices in Dade County public schools (Bible reading, prayer, holiday observances, religious symbols) as violating the Establishment Clause and free exercise protections. The trial court upheld most practices where students could opt out by parental
• McCONNEY v. Rogers
  287 F.2d 473· 9th Cir.· 1961-03-10
  The court held that the reception of sworn statements (depositions) taken without notice to the alien and without opportunity for cross-examination violated statutory and regulatory rights, rendering the deportation order void.
• Troop v. City OF Hialeah
  16 Fla. Supp. 191· Dade Cty. Cir. Ct.· 1960-08-05
  Plaintiffs sought to enjoin a special election for a county commissioner in Hialeah, challenging whether the city's population exceeded 60,000 inhabitants as required by Dade County's home rule charter. The court upheld the election, finding that a preliminary census certificate
• Burton N. Pugach v. Honorable Isidore Dollinger
  280 F.2d 521· 2d Cir.· 1960-07-12
  The court holds that it has the power to grant the requested injunctive relief to preserve the status quo pending the Supreme Court's final determination.
• Tasty Box Lunch Co. Inc. v. Kennedy
  16 Fla. Supp. 1· Dade Cty. Cir. Ct.· 1960-03-11
  Louisiana's direct action statute, allowing injured parties to sue insurers directly even for out-of-state policies, does not violate the Due Process or Full Faith and Credit Clauses when the injury occurs in Louisiana.
• Hi-Lo TV Antenna Corp. v. Carroll J. Rogers and Dorothy J. Stebbens
  275 F.2d 452· 7th Cir.· 1960-03-02
  The court held that the judgment finding defendants guilty of civil contempt should be set aside because the underlying injunction was no longer in effect.
• Allied Chem. Coatings, Inc. v. Allied Chem. Corp.
  272 F.2d 204· 1st Cir.· 1959-12-04
  The court held that it lacked jurisdiction to hear the appeal because the district court's dismissal for lack of jurisdiction was not properly appealed by the defendant.
• Siminoff v. Esperdy
  267 F.2d 705· 2d Cir.· 1959-06-18
  The court held that the provision of the Order of Supervision requiring aliens to provide 48 hours' advance notice for travel outside a designated district is an undue burden and exceeds the authority granted by § 242(d) of the Immigration and Nationality Act, rendering it invali
• Truly Nolen, Inc. v. Orkin Exterminating Co. of S. Fla., Inc.
  14 Fla. Supp. 44· Dade Cty. Cir. Ct.· 1958-12-11
  Truly Nolen, a pest control company, sued Orkin Exterminating and individuals Pierce and Snyder for malicious interference with employment contracts, tortious inducement of breach, and unfair competition. The court found that Orkin and Pierce deliberately and maliciously enticed
• Dorothea Haase v. Unity OF THE Palm Beaches, Inc.
  107 So. 2d 196· Fla. 2d DCA· 1958-11-26
  The court held that the chancellor's finding for the defendant was not in error based on the evidence presented.
• Mrs. Charlotte L. Worley v. Dunn
  260 F.2d 355· 6th Cir.· 1958-11-10
  The court affirmed the District Court's judgment, including its denial of Mrs. Worley's motions and its injunction against further litigation on already adjudicated matters.
• Inland Fin. Corp. v. Champion Cigarette Vending Co.
  260 F.2d 243· 4th Cir.· 1958-10-16
  The court held that the plaintiff's cause of action was exclusively its own and not jointly possessed with an absent party, thus the district court erred in dismissing the suit.
• Maynard Abrams and Gertrude Abrams v. City OF Hollywood
  105 So. 2d 602· Fla. 2d DCA· 1958-10-01
  Property owners appealed a summary judgment dismissing their challenge to special assessments levied by the City of Hollywood for sewer improvements. The court held that although the city deviated from the procedural sequence prescribed in its charter, the deviation was not fatal