Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Chris-Craft Indus., Inc. v. Piper Aircraft Corp.
  480 F.2d 341· 2d Cir.· 1973-03-16 ·cited 154×
  The court granted a petition for rehearing for specific appellees to allow the district court to determine individual liability based on the main opinion's principles.
• Nuesse v. Camp
  385 F.2d 694· D.C. Cir.· 1967-10-04 ·cited 152×
  A state banking commissioner has a sufficient interest to intervene as of right in an action challenging the Comptroller of the Currency's authorization of a national bank branch, and permissive intervention should also be granted.
• State Rd. Dep't of Fla. v. Tharp
  146 Fla. 745· Fla.· 1941-04-25 ·cited 152×·via Injunction
  The Florida Supreme Court affirmed an equity decree requiring the State Road Department to remove a bridge and fill that obstructed water channels feeding a mill, holding that the State's sovereign immunity does not shield it from suits for wrongful appropriation of private prope
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• Wright v. McMANN
  387 F.2d 519· 2d Cir.· 1967-12-19 ·cited 150×
  Federal courts must hear state prisoners' claims of cruel and unusual punishment if the state provides no adequate forum for injunctive relief.
• Jewel C. Rich v. Martin Marietta Corp.
  522 F.2d 333· 10th Cir.· 1975-08-01 ·cited 149×
  The court held that the trial court erred in narrowly defining the class and in denying broad discovery, as these actions prejudiced the plaintiffs' ability to prove their discrimination claims.
• N. Fla. Women's Health & Counseling Servs., Inc. v. State
  866 So. 2d 612· Fla.· 2003-07-10 ·cited 148×
  The Florida Supreme Court held that Florida's Parental Notice of Abortion Act unconstitutionally infringes on a minor's right of privacy under the Florida Constitution. The Court applied its controlling precedent from In re T.W. and found that the Act imposes a significant restri
• Parisi v. Broward Cnty.
  769 So. 2d 359· Fla.· 2000-07-14 ·cited 148×
  The Florida Supreme Court held that a trial court must consider a contemnor's financial resources before imposing a coercive civil contempt sanction, including a monetary fine or "bonded fine." The Court quashed the Fourth District's approval of a contempt order requiring the pet
• Bauman v. United States Dist. Court
  557 F.2d 650· 9th Cir.· 1977-07-01 ·cited 148×
  Mandamus is inappropriate because petitioners have an alternative remedy via interlocutory appeal from the district court's order.
• Camp Phosphate Co. v. Allen
  77 Fla. 341· Fla.· 1919-04-02 ·cited 147×·via Injunction
  Camp Phosphate Company challenged a property tax assessment for 1915 in Citrus County, Florida, claiming the assessment was illegal and discriminatory because the assessor systematically overvalued corporate phosphate lands while undervaluing property owned by local residents. Th
• L. Maxcy, Inc. v. Mayo
  103 Fla. 552· Fla.· 1931-11-14 ·cited 145×·via Injunction
  L. Maxcy, Inc. sought an injunction against Florida's Commissioner of Agriculture to prevent enforcement of statutes prohibiting arsenic spray on citrus fruit. The Florida Supreme Court reversed the lower court's dismissal and granted the injunction, finding that fruit grown with
• Hoptowit v. Dixy Lee RAY
  682 F.2d 1237· 9th Cir.· 1982-02-16 ·cited 143×
  The district court exceeded its equitable power by mandating specific programs to address racism, guard behavior, and prisoner classification, rather than issuing a general order to reduce prison violence.
• Adams v. Elliot L. Richardson
  480 F.2d 1159· D.C. Cir.· 1973-06-12 ·cited 143×
  The court held that the Secretary of Health, Education, and Welfare has a mandatory duty to enforce Title VI of the Civil Rights Act of 1964, and this duty is judicially reviewable. The court modified the injunction regarding higher education to allow more time for HEW to develop
• Bd. of Pub. Instruction of Broward Cnty. v. Doran
  224 So. 2d 693· Fla.· 1969-07-02 ·cited 141×
  The Florida Supreme Court upheld the constitutionality of Florida's Sunshine Law (§ 286.011) requiring open meetings for public boards and commissions, and affirmed an injunction against the Broward County Board of Public Instruction for conducting closed-door meetings and confer
• Gay v. Canada Dry Bottling Co. of Fla.
  59 So. 2d 788· Fla.· 1952-06-24 ·cited 141×
  The Florida Supreme Court reviewed whether a soft drink bottler's purchase of new bottles and cases was taxable as a "retail sale" under the Florida Revenue Act of 1949. The court held that these purchases were taxable, reversing the lower court's decision.
• Paton v. la Prade
  524 F.2d 862· 3d Cir.· 1975-10-14 ·cited 139×
  The court held that the plaintiff had standing to challenge the FBI's maintenance of her file and that the district court erred in granting summary judgment on her damages claim, as factual issues remained regarding injury and the legality of the FBI's actions. The court also fou
• Mrs. Lola Hornsby v. Allen
  326 F.2d 605· 5th Cir.· 1964-01-07 ·cited 139×
  The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
• Crawford v. Gilchrist
  64 Fla. 41· Fla.· 1912-06-01 ·cited 139×·via Injunction
  The Florida Supreme Court upheld an injunction prohibiting the Secretary of State from publishing and certifying proposed constitutional amendments, holding that House Joint Resolution No. 222 was never validly 'agreed to' by the Legislature because the Senate's motion to reconsi
• Powertel, Inc. v. Bexley
  743 So. 2d 570· Fla. 1st DCA· 1999-09-01 ·cited 138×
  Powertel appealed a trial court order denying its motion to compel arbitration of a consumer class action lawsuit. The Florida appellate court held that the arbitration clause unilaterally inserted into the customer's agreement was both procedurally and substantively unconscionab
• Lawton Chiles v. Children A
  589 So. 2d 260· Fla.· 1991-10-29 ·cited 137×
  The Florida Supreme Court held that two statutory provisions delegating broad discretionary budget-reduction authority to the Governor and Cabinet violated the separation of powers doctrine by impermissibly delegating the legislature's exclusive power to appropriate funds and est
• Bristol-Myers Co. v. Fed. Trade Comm'n
  424 F.2d 935· D.C. Cir.· 1970-03-26 ·cited 134×
  The court held that the district court erred by failing to conduct specific inquiries into documents claimed to be exempt under the Freedom of Information Act and by not ruling on each item requested.
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Dade Enters., Inc. v. Wometco Theatres, Inc.
  119 Fla. 70· Fla.· 1935-03-07 ·cited 133×
  Wometco Theatres sought an injunction against Dade Enterprises for tortious interference with its contract rights to exhibit "The House of Rothchild" as a first-run motion picture. The Florida Supreme Court reversed the temporary injunction, holding that where the complainant's c
• Piambino v. Bailey
  757 F.2d 1112· 11th Cir.· 1985-03-18 ·cited 132×·via Injunction
  The appellate court held that the district court erred in denying Sylva intervention and in severing the Minority Group, and that the district court must order the return of settlement proceeds. Lead counsel are disqualified due to a conflict of interest.
• Deal v. The Cincinnati Bd. OF Educ.
  369 F.2d 55· 6th Cir.· 1966-12-06 ·cited 132×·via Seeking Injunction
  A school board has no constitutional duty to bus students or alter school sites solely to alleviate racial imbalance that it did not cause. However, if racial imbalance was intentionally caused by discriminatory state action, the board must take affirmative steps to remedy the si
• Kathleen Citrus Land Co. v. City of Lakeland
  124 Fla. 659· Fla.· 1936-06-13 ·cited 131×·via Injunction
  Kathleen Citrus Land Company, a corporate taxpayer, sought to enjoin the City of Lakeland from issuing Sewer Revenue Debentures without voter approval. The Florida Supreme Court held that the proposed debentures violated the Florida Constitution's requirement that municipalities
• Stephl v. Moore
  94 Fla. 313· Fla.· 1927-07-27 ·cited 131×·via Injunction
  A Florida Supreme Court case upholding a permanent injunction against a homeowner who violated restrictive covenants in a residential subdivision by constructing a house less than the required distance from the street line. The court rejected the defendant's arguments that the co
• Simkins v. The Moses H. Cone Mem'l Hosp.
  323 F.2d 959· 4th Cir.· 1963-11-01 ·cited 130×
  The receipt of federal Hill-Burton funds for hospital construction, even with minimal state regulation and licensing, does not transform the private operation of a nonprofit hospital into state action subject to the Fourteenth Amendment.
• Gore v. Hozie Turner
  563 F.2d 159· 5th Cir.· 1977-11-17 ·cited 128×
  The court held that the district court correctly found racial discrimination in the Gore case but erred in denying attorney fees and certain damages, requiring remand. The court affirmed the district court's dismissal of the Hobbs case.
• Jones v. Diamond
  519 F.2d 1090· 5th Cir.· 1975-09-26 ·cited 128×
  The court held that an order denying class certification is appealable under 28 U.S.C. § 1292(a)(1) if the denial effectively prevents broad injunctive relief sought as the primary purpose of the suit. It also held that the district court abused its discretion by denying class ce
• Anderson v. The Bd. of Pub. Instruction for the Cnty. of Hillsborough
  102 Fla. 695· Fla.· 1931-08-03 ·cited 127×·via Injunction
  A Florida taxpayer challenged a 1931 legislative act requiring special tax school district elections in counties with populations between 145,000-155,000, which applied only to Hillsborough County. The Supreme Court held the act was an unconstitutional special/local law that fail
• Orlando Sports Stadium, Inc. v. The State of Fla. ex rel. Rom W. Powell
  262 So. 2d 881· Fla.· 1972-04-05 ·cited 126×
  The Florida Supreme Court upheld statutes authorizing public nuisance abatement for premises used for illegal drug activity, rejecting constitutional challenges to their vagueness and scope. The court affirmed the trial court's denial of defendants' motion to dismiss in an action
• Godwin v. Phifer
  51 Fla. 441· Fla.· 1906-01-01 ·cited 126×·via Injunction
  The Florida Supreme Court reversed a decree granting an injunction and ordering cancellation of a timber contract, holding that the bill failed to allege sufficient facts to establish equity jurisdiction and that the temporary injunction was improperly granted without notice to d
• Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Mfg. Co., Inc.
  550 F.2d 189· 4th Cir.· 1977-02-16 ·cited 125×
  The court held that the district court erred in applying an appellate standard for preliminary injunctions instead of the proper balance-of-hardship test, and that the balance of hardships favored the plaintiff, requiring the issuance of a preliminary injunction.
• Int'l Tel. & Tel. Corp. v. Gen. Tel. & Elecs. Corp. & Hawaiian Tel. Co.
  518 F.2d 913· 9th Cir.· 1975-04-25 ·cited 125×
  The court held that the Clayton Act's § 16 proviso does not apply to FCC-regulated carriers, divestiture is not an available remedy in private § 16 actions, and the defense of laches is available in § 16 suits, guided by the § 4B limitation period.
• Orlando Orange Groves Co. v. Hale
  119 Fla. 159· Fla.· 1935-04-29 ·cited 125×·via Injunction
  Minority stockholders brought a derivative suit against directors and officers of Orlando Orange Groves Company, alleging mismanagement, fraud, and improper payments to J.P. Holbrook. The Florida Supreme Court reversed the lower court's decree, holding that the directors properly
• Planetary Motion, Inc. v. Techplosion, Inc.
  261 F.3d 1188· 11th Cir.· 2001-08-16 ·cited 124×
  Planetary Motion sued Techsplosion for trademark infringement and dilution under the Lanham Act and Florida law, claiming rights to the "Coolmail" mark used for email services. The court held that Byron Darrah established priority of use in the mark through widespread free distri
• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×·via Temporary Injunctive Relief
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Wash. Metro. Area Transit Comm'n v. Holiday Tours, Inc.
  559 F.2d 841· D.C. Cir.· 1977-07-05 ·cited 124×·via Injunction
  A court may grant a stay pending appeal if the movant has made a substantial case on the merits and the balance of equities strongly favors the stay, even if success on appeal is not mathematically probable.
• Haitian Refugee Ctr. v. Smith
  676 F.2d 1023· 5th Cir.· 1982-05-24 ·cited 123×
  The court held that the district court had jurisdiction to hear claims of systemic constitutional violations by the INS, even if some claims might otherwise be reviewable only by courts of appeals, and that exhaustion of administrative remedies was not required in this case.
• The Child's. Bootery v. Sutker
  91 Fla. 60· Fla.· 1926-01-16 ·cited 123×
  The Florida Supreme Court held that a trade name lawfully identified with a business passes to the trustee in bankruptcy under the Bankruptcy Act of 1898, and that a corporation formed by the bankrupt and associates to operate the same business under the same trade name nearby co
• Lankford v. Gelston
  364 F.2d 197· 4th Cir.· 1966-06-23 ·cited 122×
  The court held that the district court erred in refusing to issue an injunction prohibiting police from conducting searches based solely on uncorroborated anonymous tips without probable cause.
• Elec. Specialty Co. v. Int'l Controls Corp.
  409 F.2d 937· 2d Cir.· 1969-01-24 ·cited 121×
  The court's majority opinion erred by overturning district court findings of misleading conduct by the defendant's president, Vesco.
• Kittel v. Anne B. Kittel
  210 So. 2d 1· Fla.· 1967-12-19 ·cited 120×·via Injunction
• Chiusolo v. Kennedy
  614 So. 2d 491· Fla.· 1993-02-25 ·cited 118×·via Injunction
  The Florida Supreme Court addressed the standard for discharging a lis pendens notice filed in connection with a lawsuit seeking to impose a resulting and constructive trust on real property. The Court held that a lis pendens cannot be discharged if the proponent establishes a fa
• LaDUKE v. Nelson
  762 F.2d 1318· 9th Cir.· 1985-06-10 ·cited 117×
  The court held that the INS's practice of conducting farm and ranch checks without a warrant, probable cause, or articulable suspicion violated the Fourth Amendment, and that the district court properly issued an injunction and awarded fees.
• Williams v. Jones
  326 So. 2d 425· Fla.· 1975-12-17 ·cited 117×·via Injunction
  The Florida Supreme Court upheld the constitutionality of statutes taxing leasehold interests in public land as real property for ad valorem tax purposes. The court rejected arguments that such classification violated equal protection, the uniformity requirement, or the "just val
• The Fla. Nat'l Bank of Gainesville v. Sherouse
  80 Fla. 405· Fla.· 1920-06-24 ·cited 117×·via Injunction
  The Florida Supreme Court reversed a lower court decree that permanently enjoined the sale of real property to satisfy a judgment creditor's claim. The Court found that the evidence clearly showed the property transfers were fraudulent conveyances designed to place assets beyond
• Williams v. Bailey
  69 Fla. 225· Fla.· 1915-02-23 ·cited 117×·via Injunction
  Williams and Hardee, attorneys for Mrs. Bailey, sued to enforce an alleged parol agreement whereby Mrs. Bailey would convey to them 200 acres of land in exchange for $300 and a quit-claim deed to 160 acres. The Florida Supreme Court affirmed the trial court's dismissal, holding t
• Miami Dolphins, Ltd. v. Metro. Dade Cnty.
  394 So. 2d 981· Fla.· 1981-01-29 ·cited 116×
  Miami Dolphins challenged the constitutionality of Florida's Local Option Tourist Development Act and a Dade County ordinance imposing a 2% tourist room tax to fund Orange Bowl renovations. The Florida Supreme Court affirmed that the tax was constitutional, the referendum was val