Injunctive Relief

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

• Toledo v. Brotherhood OF Railroad Trainmen
  132 F.2d 265· 7th Cir.· 1942-12-16 ·cited 28×
  The dissenting judge argued that the district court lacked jurisdiction because the controversy did not arise under federal law, and alternatively, that the plaintiff forfeited its right to injunctive relief by refusing to arbitrate.
• Fla. E. Coast Fruit Land Co. v. Mitchell
  80 Fla. 291· Fla.· 1920-07-13 ·cited 28×
  Florida East Coast Fruit Land Company challenged a tax sale certificate for property assessed under a vague and uncertain description that included lands belonging to multiple owners. The Florida Supreme Court reversed the trial court's dismissal, holding that the defective asses
• Seaboard Air Line Railway v. S. Inv. Co.
  53 Fla. 832· Fla.· 1907-01-01 ·cited 28×
  Southern Investment Company sought to enjoin two railroad companies from constructing and operating a railroad spur track on Stebbins Avenue, which fronted the complainant's property in Manatee, Florida. The Florida Supreme Court held that abutting property owners who hold the fe
• U.S. Fed. Credit Union v. Gateway Radiology Consultants, P.A.
  983 F.3d 1239· 11th Cir.· 2020-12-22 ·cited 27×
  The U.S. Court of Appeals for the Eleventh Circuit held that the Small Business Administration's rule making bankruptcy debtors ineligible for Paycheck Protection Program loans is a reasonable interpretation of the CARES Act and not arbitrary and capricious, vacating the bankrupt
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Sanwa Bank, Ltd. v. Shigeru Kato
  734 So. 2d 557· Fla. 5th DCA· 1999-06-04 ·cited 27×
  Sanwa Bank appeals a lower court's dismissal of its action against Kato and Florida-based golf course companies on forum non conveniens grounds, and also appeals the denial of a temporary injunction. The appellate court reverses the forum non conveniens dismissal, finding Japan i
• Provident Mgmt. Corp. v. City OF Treasure Island
  718 So. 2d 738· Fla.· 1998-05-07 ·cited 27×
  This case concerns whether a real estate management firm, Provident Management Corporation, is entitled to damages for business loss resulting from a city's enforcement of a land use ordinance, with the dissent arguing against such entitlement based on sovereign immunity.
• Jakobi v. Kings Creek Vill. Townhouse Ass'n, Inc.
  665 So. 2d 325· Fla. 3d DCA· 1995-12-20 ·cited 27×
  A townhouse owner sued his association for arbitrarily denying his request to install a screen enclosure, claiming the association breached its contractual duty to review applications fairly. The court reversed the trial court's denial of the owner's motion for attorney's fees, h
• Longshore Lakes Joint Venture v. Mundy
  616 So. 2d 1047· Fla. 2d DCA· 1993-03-19 ·cited 27×
  The court affirmed the grant of a temporary injunction but reversed and remanded because the trial court set the injunction bond without allowing the parties to present evidence on the appropriate bond amount.
• Killearn Acres Homeowners Ass'n, Inc. v. Keever
  595 So. 2d 1019· Fla. 1st DCA· 1992-03-09 ·cited 27×
  A homeowners association sought injunctive relief to enforce a restrictive covenant against homeowners who installed a satellite dish without architectural approval. The trial court denied the injunction based on arbitrary enforcement, waiver, and estoppel. The appellate court re
• Atl. States Legal Found., Inc. v. Tyson Foods, Inc.
  897 F.2d 1128· 11th Cir.· 1990-04-05 ·cited 27×
  The court held that a citizen suit for civil penalties under the Clean Water Act is not mooted by post-complaint compliance if violations were ongoing at the time the suit was filed. The court also found that the district court erred in refusing to award penalties based on equita
• Pelican Island Prop. Owners Ass'n, Inc. v. Murphy
  554 So. 2d 1179· Fla. 2d DCA· 1989-11-17 ·cited 27×
  A property owners association sought a mandatory injunction to remove an aluminum carport constructed by homeowners in violation of deed restrictions requiring architectural approval and masonry materials. The trial court denied the injunction, but the appellate court reversed, h
• C.A. Register v. Pierce
  530 So. 2d 990· Fla. 1st DCA· 1988-08-22 ·cited 27×
  A licensed bar pilot appeals the dismissal of his complaint seeking declaratory and injunctive relief against a vessel owner who refused his services. The court affirmed the dismissal, finding that the pilot failed to allege any enforceable legal right to compel the vessel owner
• Spanish Action Comm. OF Chicago v. City OF Chicago
  811 F.2d 1129· 7th Cir.· 1987-02-10 ·cited 27×
  The court affirmed the district court's substantial reduction in attorney's fees but remanded for an award of specific paralegal fees and witness costs, finding the district court's calculation method for attorney's fees, while potentially procedurally flawed, was not an abuse of
• Mann v. Smith
  796 F.2d 79· 5th Cir.· 1986-08-04 ·cited 27×
  A jail's blanket ban on newspapers and magazines is an unconstitutional violation of the First Amendment because it is an exaggerated response to legitimate penological objectives. However, a pretrial detainee's denial of access to a law library did not violate his constitutional
• Nicacio v. United States Immigr. & Naturalization Serv.
  797 F.2d 700· 9th Cir.· 1985-08-16 ·cited 27×
  The court held that the INS engaged in a pattern of unlawful stops without reasonable suspicion and that the district court's order requiring documentation of future stops was not an abuse of discretion.
• Babbitt Ford, Inc. v. The Navajo Indian Tribe
  710 F.2d 587· 9th Cir.· 1983-07-15 ·cited 27×
  The Navajo Tribe possesses the sovereign power to enact and enforce civil laws regulating the conduct of non-Indians who come onto tribal land to repossess vehicles, even if the vehicles were purchased outside reservation boundaries.
• Franz v. United States
  707 F.2d 582· D.C. Cir.· 1983-05-10 ·cited 27×
  The court held that the government officials administering the Witness Protection Program are constitutionally accountable for infringing upon a father's rights to companionship with his children by facilitating their relocation and concealment without adequate procedural protect
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. NEW Jersey Sports & Exposition Auth.
  691 F.2d 155· 3d Cir.· 1982-10-15 ·cited 27×
  The court held that the Meadowlands Sports Complex is not a public forum and that the Authority's policy prohibiting outside solicitation and literature distribution is reasonable and constitutional.
• Hutchinson v. United States
  677 F.2d 1322· 9th Cir.· 1982-05-26 ·cited 27×
  The court held that a taxpayer must fully satisfy a tax assessment before bringing a refund suit in district court, and that the Anti-Injunction Act and Declaratory Judgment Act bar suits seeking to restrain tax collection or declare tax liability. Claims against the government a
• Baldwin Metals Co., Inc. v. Donovan
  642 F.2d 768· 5th Cir.· 1981-04-13 ·cited 27×
  Federal district courts should not exercise jurisdiction to invalidate OSHA search warrants or suppress evidence before the Occupational Safety and Health Review Commission (OSHRC) has rendered a final administrative decision, as parties must exhaust administrative remedies and e
• Int'l Patrol & Detective Agency, Inc. v. AETNA Cas. & Sur. Co.
  396 So. 2d 774· Fla. 1st DCA· 1981-03-25 ·cited 27×
  The court held that the trial court correctly granted summary judgment because the appellant failed to exhaust administrative remedies and presented no evidence of conspiracy, and also correctly denied leave to amend the complaint and taxed costs for deposition copies.
• Premo Pharm. Labs., Inc. v. United States
  629 F.2d 795· 2d Cir.· 1980-07-29 ·cited 27×
  A drug product is a 'new drug' under the Food, Drug, and Cosmetic Act unless it is generally recognized by qualified experts as safe and effective, and has been used to a material extent; differences in inactive ingredients can affect safety and effectiveness, precluding 'me-too'
• Hendley v. Cent. OF Ga. R.R. Co.
  609 F.2d 1146· 5th Cir.· 1980-01-15 ·cited 27×
  A federal court has jurisdiction to enjoin a railroad's disciplinary hearing that violates 45 U.S.C. § 60, even after the underlying FELA case has concluded.
• Save OUR Sycamore v. Metro. Atlanta Rapid Transit Auth.
  576 F.2d 573· 5th Cir.· 1978-07-12 ·cited 27×
  The court affirmed the denial of plaintiffs' claims, holding that the environmental impact statement (EIS) for the MARTA rapid transit system was sufficiently detailed and system-wide in scope to satisfy NEPA requirements.
• Atl. Richfield Co. v. Fed. Trade Comm'n
  546 F.2d 646· 5th Cir.· 1977-02-04 ·cited 27×
  The court held that Atlantic Richfield Company had an adequate remedy at law and would suffer no undue hardship by being remitted to FTC enforcement proceedings, thus precluding pre-enforcement judicial review of the investigatory subpoenas.
• Buckley Towers Condo., Inc. v. Buchwald
  533 F.2d 934· 5th Cir.· 1976-06-17 ·cited 27×
  The court held that the condominium association lacked standing to sue under the Clayton Act for alleged antitrust violations because it did not suffer an injury to its business or property.
• State v. McCOY Motel, Inc.
  302 So. 2d 440· Fla. 1st DCA· 1974-10-31 ·cited 27×
  Florida's Department of Revenue appealed a trial court judgment exempting $1,850,000 of a wraparound mortgage note from documentary stamp tax. The court reversed, holding that the full $3,500,000 note was subject to tax under Florida's documentary stamp tax statute because it cre
• James v. DuBREUIL
  500 F.2d 155· 5th Cir.· 1974-09-12 ·cited 27×
  The court held that the district court properly applied the defenses of unclean hands and in pari delicto to bar the plaintiff's suit, affirming the dismissal.
• Norman M. Morris Corp. v. Hyman Weinstein
  466 F.2d 137· 5th Cir.· 1972-08-14 ·cited 27×
  The court held that the sale of Omega watches with altered serial numbers and false guarantees constituted unfair competition under federal law, and that the injunction should be modified to require specific disclosures.
• Allegheny Airlines, Inc. v. Pa. Pub. Util. Comm'n
  465 F.2d 237· 3d Cir.· 1972-07-21 ·cited 27×
  A federal court may abstain from exercising jurisdiction when a state-certificated public utility unilaterally discontinues service without following state procedural rules, especially when the dispute predominantly affects local matters and federal intervention could create unne
• Local 130, Int'l Union OF Elec., Radio & Mach. Workers, AFL-CIO v. McCULLOCH
  345 F.2d 90· D.C. Cir.· 1965-03-25 ·cited 27×
  The court held that the district court correctly dismissed the complaint, as it lacked jurisdiction to review the National Labor Relations Board's determination to hold a representation election.
• Lamb v. Dade Cnty.
  159 So. 2d 477· Fla. 3d DCA· 1964-01-14 ·cited 27×
  Dade County sought injunctive relief requiring property owners to remove obstructions from the Coral Gables Canal and to cease interfering with the county's maintenance efforts. The court affirmed the trial court's decree, holding that owners of a canal section cannot unreasonabl
• Thomason v. Hosp. T. V. Rentals, Inc.
  272 F.2d 263· 8th Cir.· 1959-12-16 ·cited 27×
  The court held that the district court erred in dismissing the amended complaint, as factual issues regarding antitrust violations and damages must be determined at trial.
• The Greyhound Corp. v. Excess Ins. Co. of Am.
  233 F.2d 630· 5th Cir.· 1956-05-15 ·cited 27×
  The court held that Greyhound's delay in providing notice to Excess Insurance Company was unreasonable as a matter of law, and therefore Excess was not liable under the policy.
• The AETNA Cas. & Sur. Co. v. Hanna
  224 F.2d 499· 5th Cir.· 1955-06-30 ·cited 27×
  An insurer's obligation to pay damages under a liability policy does not extend to the costs of complying with a mandatory injunction or the expenses of litigating such an action, especially when the policy excludes intentionally caused injury and the insured breaches notice prov
• Telemundo Media, LLC v. Mintz
  194 So. 3d 434· Fla. 3d DCA· 2016-05-06 ·cited 26×
  The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.
• Thompson v. Napotnik
  923 So. 2d 537· Fla. 5th DCA· 2006-02-10 ·cited 26×
  The court held that a recall petition alleging a violation of Florida's Sunshine Law sufficiently stated grounds for malfeasance, and a constitutional due process claim not raised in the trial court was not preserved for appeal.
• Governor John Ellis "Jeb" Bush v. Holmes
  886 So. 2d 340· Fla. 1st DCA· 2004-11-12 ·cited 26×
  Florida's Opportunity Scholarship Program (OSP), which provides state-funded vouchers for students in failing public schools to attend private schools, violates article I, section 3 of the Florida Constitution's "no-aid" provision prohibiting the use of public funds "directly or
• Lauren Kyle Holdings, Inc. v. Heath-Peterson Constr. Corp.
  864 So. 2d 55· Fla. 5th DCA· 2003-12-12 ·cited 26×
  Sago Homes entered into a contract with Peterson to develop real property, then sold the property to Sunland Homes without Peterson's consent. Peterson sued for breach, claiming Sago violated a non-assignment clause. The court reversed summary judgment, holding that Sago did not
• Simmons v. State
  753 So. 2d 762· Fla. 4th DCA· 2000-03-22 ·cited 26×
  John Simmons appeals the trial court's denial of his request for declaratory and injunctive relief challenging the constitutionality of Florida's sex offender photo registration statute. The court affirmed, holding that the statute does not violate the ex post facto clause becaus
• United States v. Winstar Corp.
  518 U.S. 839· U.S.· 1996-07-01 ·cited 26×
  The Government's discontinuation of favorable accounting treatment breached contracts that unmistakably promised such treatment, and sovereign defenses do not apply.
• Glickstein v. SUN Bank/Miami, N.A.
  922 F.2d 666· 11th Cir.· 1991-01-28 ·cited 26×
  The district court erred in dismissing the complaint for lack of standing and failure to exhaust probate remedies; Glickstein's subsequent appointment as personal representative cures the capacity defect, and the probate exception and exhaustion doctrines do not bar the action.
• Ayuda, Inc. v. Thornburgh
  880 F.2d 1325· D.C. Cir.· 1989-07-18 ·cited 26×
  The district court lacked jurisdiction to hear the case because the Immigration Reform and Control Act of 1986 (IRCA) mandates that judicial review of legalization determinations be conducted exclusively in the courts of appeals following exhaustion of administrative remedies.
• United States v. Di Mucci
  879 F.2d 1488· 7th Cir.· 1989-07-13 ·cited 26×
  The court held that the district court did not abuse its discretion in entering a default judgment against the defendants due to their repeated failure to comply with discovery orders and court mandates, and that the refusal to set aside the default was also proper.
• Easton v. Appler
  548 So. 2d 691· Fla. 3d DCA· 1989-07-11 ·cited 26×
  Homeowners in King's Bay Subdivision sought declaratory and injunctive relief claiming exclusive rights to a turning basin and marina owned by the King's Bay Yacht and Country Club. The trial court ordered destruction of the marina and granted homeowners an exclusive easement, bu
• Save THE Yaak Comm. v. J.R. Block
  840 F.2d 714· 9th Cir.· 1988-05-11 ·cited 26×
  The court held that the Forest Service violated NEPA by failing to adequately analyze environmental impacts, connected actions, and cumulative impacts, and that the Endangered Species Act claim was jurisdictionally barred due to insufficient notice.
• Vosburg v. Solem
  845 F.2d 763· 8th Cir.· 1988-04-27 ·cited 26×
  The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
• Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio v. Trans World Airlines, Inc.
  839 F.2d 809· D.C. Cir.· 1988-02-19 ·cited 26×
  The court held that the National Mediation Board's certification of a union is generally unreviewable by courts absent a gross violation of the Railway Labor Act or constitutional rights. However, an injunction against unilateral changes in working conditions is not permissible u
• Khabir Ramzi Hadi v. Horn
  830 F.2d 779· 7th Cir.· 1987-10-02 ·cited 26×
  The court held that occasional cancellations of Muslim prayer services due to the absence of a chaplain or scheduling conflicts with recreational activities did not violate inmates' First Amendment rights, especially when alternative religious opportunities existed and security c