Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count

• Morrow v. Harwell
  768 F.2d 619· 5th Cir.· 1985-08-02 ·cited 34×
  The court held that the county's bookmobile/paralegal system for inmate access to courts was inadequate under Bounds v. Smith, but reversed the magistrate's order regarding visitation facilities, finding them not constitutionally deficient. The court also affirmed the magistrate'
• 51 Island WAY Condo. Ass'n, Inc. v. Williams
  458 So. 2d 364· Fla. 2d DCA· 1984-10-24 ·cited 34×
  The Florida District Court of Appeal addresses whether a condominium association can recover attorney's fees after a lawsuit becomes moot due to the defendants' voluntary reconveyance of a disputed property interest. The court holds that the association qualifies as a 'prevailing
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• Grose v. Firestone
  422 So. 2d 303· Fla.· 1982-11-01 ·cited 34×
  Appellants challenged Amendment 2, a proposed constitutional amendment regarding searches and seizures, seeking to enjoin its placement on the November 1982 ballot on the grounds that the ballot summary was misleading. The Florida Supreme Court affirmed the trial court's dismissa
• Levas AND Levas v. Vill. OF Antioch
  684 F.2d 446· 7th Cir.· 1982-07-07 ·cited 34×
  This document is an ordinance, not a court opinion with a holding.
• Goff v. Menke
  672 F.2d 702· 8th Cir.· 1982-03-18 ·cited 34×
  The court held that the district court erred in granting class-wide equitable relief on an individual inmate's complaint when similar issues were already pending in a certified class action, and such relief should have been pursued through the class representative.
• Universal City Studios v. Sony Corp. OF Am.
  659 F.2d 963· 9th Cir.· 1981-10-19 ·cited 34×
  Home video recording of copyrighted audiovisual materials for private, non-commercial use constitutes copyright infringement, and the fair use doctrine does not sanction such activity.
• Commonwealth OF Pa. & Richard W. Baumann v. Porter
  659 F.2d 306· 3d Cir.· 1981-07-30 ·cited 34×
  The court held that the Commonwealth of Pennsylvania is an appropriate plaintiff to bring a parens patriae action seeking injunctive relief against police misconduct and that the case was not rendered moot by the officer's change of employment.
• NEW Jersey-Philadelphia Presbytery OF THE Bible Presbyterian Church v. NEW Jersey State Bd. OF Higher Educ.
  654 F.2d 868· 3d Cir.· 1981-04-14 ·cited 34×
  The majority's rule allowing federal plaintiffs, not parties to a state proceeding, to interfere with that proceeding is unprecedented and contrary to established precedent.
• Russ v. Wilkins
  624 F.2d 914· 9th Cir.· 1980-08-01 ·cited 34×
  The court held that the Act of 1890 did not disestablish the Round Valley Indian Reservation, and ambiguities should be construed in favor of the Indians.
• High OL' Times, Inc. v. Busbee
  621 F.2d 135· 5th Cir.· 1980-07-09 ·cited 34×
  The court held that the district court abused its discretion by abstaining from hearing the constitutional challenges to the Georgia drug paraphernalia statutes, as the Pullman factors for abstention were not met.
• Parker v. Turner
  626 F.2d 1· 6th Cir.· 1980-07-03 ·cited 34×
• City OF S. Lake Tahoe v. Cal. Tahoe Reg'l Planning Agency
  625 F.2d 231· 9th Cir.· 1980-06-25 ·cited 34×
• Corpus v. Estelle
  605 F.2d 175· 5th Cir.· 1979-10-26 ·cited 34×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to cases pending at the time of its enactment, and the Eleventh Amendment does not bar such awards against states.
• Johnson v. Presley Hardy
  601 F.2d 172· 5th Cir.· 1979-08-07 ·cited 34×
  A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
• Sea-Land Serv., Inc. v. Brown
  600 F.2d 429· 3d Cir.· 1979-06-11 ·cited 34×
  A district court cannot order the government to award a contract to a specific bidder, and the court's decision to overturn the contracting officer's award must be based on a finding that there was no rational basis for the agency's decision.
• Concerned Citizens OF Vicksburg & Rev. Eddie L. McBride v. Murry Sills
  567 F.2d 646· 5th Cir.· 1978-02-13 ·cited 34×
  The court held that the termination of state prosecutions during appeal moots the Younger abstention issue, requiring remand for determination of federal jurisdiction.
• Central South Carolina Chapter v. The Honorable J. Robert Martin, Jr.
  556 F.2d 706· 4th Cir.· 1977-05-17 ·cited 34×
  The court reviewed a petition for certiorari challenging an order compelling a news reporter to testify about information she obtained during her investigation into a civil action.
• Wounded Knee Legal Defense/Offense Comm. v. The Fed. Bureau OF Investigation
  507 F.2d 1281· 8th Cir.· 1974-11-07 ·cited 34×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court in its jurisdictional findings, refusal to recuse, rejection of affidavits, or application of preliminary injunction standards.
• Borden, Inc. v. Fed. Trade Comm'n
  495 F.2d 785· 7th Cir.· 1974-05-01 ·cited 34×
  The court held that Borden failed to exhaust administrative remedies and could raise its procedural claims on appeal of a final agency order.
• Moses v. Kinnear
  490 F.2d 21· 9th Cir.· 1973-11-02 ·cited 34×
  The court held that the district court's stay order was appealable and that the district court had subject matter jurisdiction, remanding the cases for further consideration in light of intervening Supreme Court decisions.
• Safeguard Mut. Ins. Co. v. Miller
  472 F.2d 732· 3d Cir.· 1973-01-23 ·cited 34×
  The court held that dismissal based on governmental immunity was improper without a factual record, and that injunctive relief is not subject to such immunity.
• Spock v. David
  469 F.2d 1047· 3d Cir.· 1972-10-27 ·cited 34×
  The dissenting judge believes the jurisdictional amount issue should be remanded to the District Court for a substantive determination, as the lower court made no such finding.
• Long v. Dist. OF Columbia
  469 F.2d 927· D.C. Cir.· 1972-09-06 ·cited 34×
• Bev. Distribs., Inc. v. Olympia Brewing Co.
  440 F.2d 21· 9th Cir.· 1971-03-01 ·cited 34×
  The court affirmed the jury's verdict and the trial court's denial of post-trial motions, finding no reversible error in the application of antitrust law or the jury's factual determinations.
• James v. Headley
  410 F.2d 325· 5th Cir.· 1969-04-09 ·cited 34×
  The Fifth Circuit holds that the right to court-appointed counsel, as articulated in Harvey v. Mississippi, applies to petty offenses and is alive and well in the circuit.
• Wirtz v. Fowler
  372 F.2d 315· 5th Cir.· 1966-10-19 ·cited 34×
• Wirtz v. B. B. Saxon Co., Inc.
  365 F.2d 457· 5th Cir.· 1966-08-16 ·cited 34×
  The dissenting judge holds that employees performing essential services at Craig Air Force Base were engaged in commerce under the Fair Labor Standards Act.
• Brotherhood OF Railroad Trainmen v. Atl. Coast Line R.R. Co.
  362 F.2d 649· 5th Cir.· 1966-06-15 ·cited 34×
  The court held that the Norris-LaGuardia Act does not prohibit a district court from enjoining railroad employees engaged in a labor dispute with their employer from interfering with the business of carriers with whom they have no dispute.
• The Pa. R.R. Co. v. Dillon
  335 F.2d 292· D.C. Cir.· 1964-06-26 ·cited 34×
  Appellants lack standing to challenge the Commissioner of Customs' decision regarding vessel enrollment because they have not alleged a legally protected right or that they are aggrieved within the meaning of the relevant statute.
• United States v. Edwards
  333 F.2d 575· 5th Cir.· 1964-06-18 ·cited 34×
  The court should have granted an injunction to prevent further violence against Negroes attempting to register to vote.
• Jeffers v. Whitley
  309 F.2d 621· 4th Cir.· 1962-10-12 ·cited 34×
  The court held that the school board's denial of transfer applications based on race, and its use of administrative remedies to perpetuate segregation, violated constitutional rights, entitling plaintiffs to individual relief and injunctive orders.
• Employing Plasterers' Ass'n OF Chicago v. Journeymen Plasterers' Protective & Benevolent Soc'y OF Chicago
  279 F.2d 92· 7th Cir.· 1960-05-06 ·cited 34×
• Dade Cnty. v. Kelly
  99 So. 2d 856· Fla.· 1957-12-20 ·cited 34×
  Dade County challenged a circuit court injunction blocking its transfer of the Sheriff's law enforcement functions to a newly created Public Safety Department under a home rule charter. The Florida Supreme Court held that the constitutional amendment and charter authorized abolit
• Brotherhood OF Railroad Trainmen v. The NEW York Cent. R.R. Co.
  246 F.2d 114· 6th Cir.· 1957-06-14 ·cited 34×
  The court held that the railroad yard closing dispute was not a labor dispute under the Railway Labor Act or Norris-LaGuardia Act, and thus the district court had jurisdiction to enjoin the strike due to irreparable harm to interstate commerce.
• Jacksonville Blow Pipe Co. v. Reconstr. Fin. Corp.
  244 F.2d 394· 5th Cir.· 1957-04-26 ·cited 34×
  The dissenting judge believes federal courts should not interfere with state court proceedings concerning property title after bankruptcy sales.
• Brown v. Hecht Co.
  137 F.2d 689· D.C. Cir.· 1943-07-22 ·cited 34×
  The court held that the District Court had the discretion to refuse injunctive relief under the Price Control Act when the defendant demonstrated good faith compliance and no likelihood of future violations.
• Bronson v. The Bd. of Pub. Instruction for the Cnty. of Osceola
  108 Fla. 1· Fla.· 1933-01-11 ·cited 34×
  The Florida Supreme Court addressed whether a county school board can effectively abolish a special tax school district by discontinuing all its schools and transporting children to another district. The court held that while special tax school districts serve both administrative
• Cranor v. The Bd. of Cnty. Comm'rs of Volusia Cnty.
  54 Fla. 526· Fla.· 1907-06-01 ·cited 34×
  A Florida taxpayer challenged county commissioners' award of a road construction contract to higher bidders in secret session and without sufficient funds, but the Florida legislature subsequently enacted a validating statute that ratified and legalized all such county road contr
• Honorable Jim Fuller v. Truncale
  50 So. 3d 25· Fla. 1st DCA· 2010-11-02 ·cited 33×
  A Florida appellate court held that a Clerk of Courts enjoys judicial immunity from a class action lawsuit brought by drivers alleging he improperly recommended license suspensions without scheduling hearings. The court granted a writ of certiorari to quash the trial court's orde
• Sheoah Highlands, Inc. v. Daugherty
  837 So. 2d 579· Fla. 5th DCA· 2003-02-14 ·cited 33×
  A condominium unit owner sued the association to enforce the declaration of condominium by removing screened enclosures built on common property by other unit owners. The trial court ordered removal of two enclosures and awarded attorney's fees, but the appellate court reversed t
• Maris Distrib. Co. v. Anheuser-Busch, Inc.
  710 So. 2d 1022· Fla. 1st DCA· 1998-05-20 ·cited 33×
  Maris Distributing Company sought certiorari review of a trial court order that separated Maris's breach of contract claim from thirteen collateral claims for trial and stayed discovery on the collateral counts. The First District Court of Appeal granted the petition, holding tha
• State of Fla. Dep't OF Env't Prot. v. P Z Constr. Co., Inc.
  633 So. 2d 76· Fla. 3d DCA· 1994-02-22 ·cited 33×
  The State of Florida Department of Environmental Protection appealed a trial court's emergency injunction that allowed PZ Construction Company to distribute reclaimed soil from Hurricane Andrew debris despite environmental concerns. The appellate court reversed, holding that PZ w
• Madison Cnty. v. Wiley D. Foxx and Quinton Dryden
  636 So. 2d 39· Fla. 1st DCA· 1994-02-09 ·cited 33×
  Madison County appeals a summary judgment invalidating its 1989 and 1990 special assessment ordinances for garbage collection, landfill closure, ambulance service, and fire protection. The court affirmed the trial court's judgment that the ordinances were null and void for failur
• Franchise Tax Bd. of Cal. v. Alcan Aluminium Ltd.
  493 U.S. 331· U.S.· 1990-01-10 ·cited 33×
  Federal actions by foreign parent companies challenging state taxes on their subsidiaries are barred by the Tax Injunction Act, even if the parents have standing, because the subsidiaries have a plain, speedy, and efficient remedy in state courts.
• Loxahatchee River Env't Control Dist. v. Sch. Bd. OF Palm Beach Cnty.
  496 So. 2d 930· Fla. 4th DCA· 1986-10-29 ·cited 33×
  The Loxahatchee River Environmental Control District appealed a trial court judgment holding that statutory service availability and line charges imposed on the School Board of Palm Beach County constitute prohibited impact fees under Florida law. The court affirmed, finding the
• Finkelstein v. Se. Bank, N.A.
  490 So. 2d 976· Fla. 4th DCA· 1986-05-07 ·cited 33×
  This case addresses whether a trial court may issue a preliminary injunction freezing assets in a private family trust prior to judgment in a Florida RICO and Anti-Fencing Act civil suit. The Fourth District Court of Appeal reversed the injunction, holding that while such relief
• Ameron, Inc. v. U.S. Army Corps OF Eng'rs
  787 F.2d 875· 3d Cir.· 1986-03-27 ·cited 33×
  The Court of Appeals held that the Comptroller General's powers under CICA do not violate the separation of powers doctrine, as they do not substantially prevent the executive branch from accomplishing its constitutionally assigned functions.
• Geyen v. Marsh
  775 F.2d 1303· 5th Cir.· 1985-11-05 ·cited 33×
  The court held that Geyen's claim challenging his activation and hardship discharge denials is barred by the six-year statute of limitations, but his claim challenging the Army Board for Correction of Military Records' decision is not time-barred or barred by laches.
• Friends OF the Everglades, Inc. v. Bd. OF Cnty. Comm'rs OF Monroe Cnty.
  456 So. 2d 904· Fla. 1st DCA· 1984-07-25 ·cited 33×
  Friends of the Everglades and Upper Keys Citizens Association sought to appeal a Monroe County development order for Port Bougainville to the Florida Land and Water Adjudicatory Commission (FLWAC) and to compel the Department of Community Affairs to enforce environmental laws. Th