Injunctive Relief

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

• Comtronics, Inc. v. Puerto RICO Tel. Co.
  553 F.2d 701· 1st Cir.· 1977-03-31 ·cited 21×
  The court held that a private damages action cannot be implied for violations of certain statutory provisions concerning telephone carrier tariffs.
• Quinonez v. Nat'l Ass'n OF Sec. Dealers, Inc.
  540 F.2d 824· 5th Cir.· 1976-10-15 ·cited 21×
  The court held that the plaintiff's complaint sufficiently stated a claim under the Sherman Act and Clayton Act for an alleged employment boycott by securities firms, and thus should not have been dismissed on a motion to dismiss.
• Leong T. MAR and Thick Gon Mar v. Kleppe
  520 F.2d 867· 10th Cir.· 1975-07-16 ·cited 21×
  The court held that the Small Business Administration Administrator can be sued in district court for damages, and that plaintiffs are entitled to an opportunity to state a claim for declaratory relief.
• Chacon v. Granata
  515 F.2d 922· 5th Cir.· 1975-07-10 ·cited 21×
  The court held that the annexation, considered alone, is lawful, and challenges to anticipated zoning or condemnation are premature because no ripe controversy has been presented.
• Cruz v. Estelle
  497 F.2d 496· 5th Cir.· 1974-07-19 ·cited 21×
  The court held that an inmate's release from prison does not moot a claim for money damages under 42 U.S.C. § 1983, nor does it automatically negate the possibility of maintaining a class action. A hearing is required to determine these issues.
• Bach v. People OF the State OF Ill. & Peter B. Bensinger
  504 F.2d 1100· 7th Cir.· 1974-02-15 ·cited 21×
  Prison inmates have a right to be present during the opening of their incoming legal mail to maintain attorney-client confidentiality and access to courts.
• Local 532 OF the Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO v. City OF Fort Lauderdale
  273 So. 2d 441· Fla. 4th DCA· 1973-02-21 ·cited 21×
  Local 532 appeals a judgment dismissing its action seeking declaratory and injunctive relief to compel the City of Fort Lauderdale to recognize it as a collective bargaining representative for public employees. The court holds that public employees have a constitutional right to
• Edris v. Sebring Utils. Comm'n
  237 So. 2d 585· Fla. 2d DCA· 1970-07-08 ·cited 21×
  The court affirmed a lower court's ruling that a municipality's utility commission was justified in discontinuing service to a trailer park for breaching a contract requiring the purchase of electricity as a condition for water service outside city limits.
• Wiseman v. Massachusetts
  398 U.S. 960· U.S.· 1970-06-15 ·cited 21×
• United States v. RAY
  423 F.2d 16· 5th Cir.· 1970-01-22 ·cited 21×
  The court held that the United States is entitled to injunctive relief to prevent interference with its sovereign rights over the coral reefs, even if a common law trespass claim is not supported.
• Paul's Drugs, Inc. v. S. Bell Tel. & Tel. Co.
  175 So. 2d 203· Fla. 3d DCA· 1965-05-25 ·cited 21×
  A party continuing to collect payments for a utility after its agency agreement is terminated, causing customer confusion and potential harm to the utility's relations, can be enjoined.
• Willis H. Luckie and his wife v. McCALL MFG. Co., Inc.
  153 So. 2d 311· Fla. 1st DCA· 1963-05-16 ·cited 21×
  McCall Mfg. Co. sued to enforce trademark rights in Hamilton County, and the defendants appealed an order denying their motion to dismiss for lack of venue and their motion to strike portions of the complaint. The court held that venue properly lay in Hamilton County because a ca
• Indep. News Co., Inc. v. Williams
  293 F.2d 510· 3d Cir.· 1961-06-06 ·cited 21×
  A buyer in the ordinary course of business acquires all rights in goods entrusted to a merchant, even if the seller breaches a contract with the original owner. Reselling lawfully obtained copyrighted material does not constitute infringement.
• United States v. United Steelworkers OF Am.
  271 F.2d 676· 3d Cir.· 1959-10-27 ·cited 21×
• Swartz v. Rogers
  254 F.2d 338· D.C. Cir.· 1958-02-27 ·cited 21×
  The court held that the wife's marital status does not grant her husband immunity from deportation under the Immigration and Nationality Act of 1952.
• Harper v. Hoecherl
  153 Fla. 29· Fla.· 1943-05-21 ·cited 21×
  The Florida Supreme Court reversed a lower court's injunction that had restrained a painters' union from disciplining members who violated union bylaws by using spray guns on a government construction project. The court held that unions have broad authority to enforce their rules
• Bowe v. Judson C. Burns, Inc.
  137 F.2d 37· 3d Cir.· 1943-05-06 ·cited 21×
  The court held that while the Fair Labor Standards Act's prohibition against retaliation applies to unions, the right to seek injunctive relief under Section 17 is exclusively vested in the Administrator, not individual employees.
• THE Surf Club v. Tatem Surf Club, Inc.
  151 Fla. 406· Fla.· 1942-04-10 ·cited 21×
  The court held that the filing of the notice of appeal, along with service of required documents on the appellees, was sufficient to confer jurisdiction, even if the formal recording of the notice in the chancery order book occurred slightly later.
• Ætna Cas. & Sur. Co. v. Ætna Auto Fin., Inc.
  123 F.2d 582· 5th Cir.· 1941-11-14 ·cited 21×
  The court held that the defendant's use of the name 'Aetna Auto Finance, Inc.' was likely to cause public confusion and constituted unfair competition, warranting injunctive relief.
• Draper Bartlett and Eddie King v. Herschel O. Moats
  120 Fla. 61· Fla.· 1935-06-13 ·cited 21×
  Property owners in a residential subdivision sought an injunction against the operation of a public dance pavilion ('The Dream Garden') on a lot within their community, claiming it constituted a nuisance. The Florida Supreme Court affirmed an injunction but limited its scope to r
• Gagliardi v. TJCV Land Tr.
  889 F.3d 728· 11th Cir.· 2018-05-07 ·cited 20×
  Residents of Boca Raton challenged the city's approval of a religious center as violating the Establishment Clause, but the case became moot when a Florida state court invalidated the project on zoning grounds before the federal appeal was decided, leaving no effective relief ava
• Pujals Ex rel. El Rey de Los Habanos v. Garcia
  777 F. Supp. 2d 1322· S.D. Fla.· 2011-03-28 ·cited 20×
  The court granted in part and denied in part the plaintiff's motion to strike affirmative defenses, striking some for legal insufficiency and treating others as specific denials.
• Barco Holdings, LLC v. Terminal Inv. Corp.
  967 So. 2d 281· Fla. 3d DCA· 2007-09-26 ·cited 20×
  Barco Holdings appeals four summary judgment orders arising from a complex dispute over Terminal Island property rights. The central issue was whether Bernuth Agencies could exercise a purchase option in its lease after failing to exercise a right of first refusal, and whether Be
• Cohen Fin., LP v. Kmc/Ec II, LLC
  967 So. 2d 224· Fla. 3d DCA· 2007-07-11 ·cited 20×
  Cohen Financial appeals the denial of a temporary injunction to freeze loan proceeds as a broker's fee under a mortgage brokerage agreement. The court affirmed, holding that Cohen Financial failed to establish a substantial likelihood of success on the merits because it did not a
• Parton v. Palomino Lakes Prop. Owners Ass'n, Inc.
  928 So. 2d 449· Fla. 2d DCA· 2006-04-28 ·cited 20×
  The Partons appealed a trial court order awarding them attorneys' fees in a deed-restriction enforcement action against their neighbors. The appellate court reversed and remanded, holding that the trial court erred in limiting fee awards to only those incurred before the temporar
• Bacon Fam. P'rs, L.P. v. Apollo Condo. Ass'n, Inc.
  852 So. 2d 882· Fla. 2d DCA· 2003-08-01 ·cited 20×
  Bacon Family Partners challenged a trial court's decision to enforce a nonbinding arbitration award favoring Apollo Condominium Association in a dispute over use of a deck area at a commercial condominium unit. The court reversed, holding that a party has a statutory right to a t
• AIR Ambulance Prof'ls, Inc. v. Thin AIR
  809 So. 2d 28· Fla. 4th DCA· 2002-01-30 ·cited 20×
  Two former business partners engaged in a dispute over aircraft charter payments and management. The court affirmed the jury's liability findings but reversed punitive damages awards and certain prejudgment interest awards, finding insufficient evidence of the gross and flagrant
• Haas v. Zephyr Springs Golf Club, L.P.
  684 So. 2d 231· Fla. 2d DCA· 1996-11-22 ·cited 20×
• Mendes v. Dowelanco Indus. Ltda.
  651 So. 2d 776· Fla. 3d DCA· 1995-03-08 ·cited 20×
  A Brazilian corporation sued Brazilian defendants in Florida for embezzlement and related claims, obtaining a temporary injunction freezing bank accounts. The court stayed substantive proceedings to Brazil while maintaining jurisdiction over the frozen assets, but the appellate c
• Monroe Cnty. v. Pigeon KEY Historical Park, Inc.
  647 So. 2d 857· Fla. 3d DCA· 1994-07-12 ·cited 20×
  Monroe County and the Pigeon Key Preservation Foundation appealed a trial court's invalidation of a 30-year lease, arguing that Sunshine Law violations in preliminary Advisory Committee meetings were cured by subsequent public hearings and corrective final action by the Commissio
• E. Fed. Corp. v. State Off. Supply Co., Inc.
  646 So. 2d 737· Fla. 1st DCA· 1994-06-14 ·cited 20×
  Eastern Federal Corporation, the owner of a shopping center, appealed from a permanent mandatory injunction preventing it from unreasonably withholding consent to subtenants proposed by State Office Supply Company. The court affirmed the injunction but modified it to permit Easte
• Adkins v. Winkler
  592 So. 2d 357· Fla. 1st DCA· 1992-01-16 ·cited 20×
  Appellant Adkins challenged a judgment foreclosing a landlord's lien and awarding damages. The court affirmed the denial of his recusal motion and found no error regarding his prison attendance, but reversed and remanded because Adkins was entitled to a jury trial on the counterc
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  948 F.2d 98· 2d Cir.· 1991-10-29 ·cited 20×
  The dissenting judge argues that the Consent Decree and the All Writs Act do not grant jurisdiction to an Administrator to adjudicate unfair labor practice charges, which should be handled by the NLRB.
• Esley E. Schmidt and Mildred R. Schmidt v. King
  913 F.2d 837· 10th Cir.· 1990-09-06 ·cited 20×
  The district court lacked jurisdiction to hear the taxpayers' quiet title action because they were collaterally attacking the IRS's tax assessment, which section 2410 does not permit without prior payment of taxes.
• Seldovia Native Ass'n, Inc. v. Lujan
  904 F.2d 1335· 9th Cir.· 1990-05-31 ·cited 20×
  The court held that conditional purchase options granted by the State of Alaska under its open-to-entry program are 'valid existing rights' under the Alaska Native Claims Settlement Act (ANCSA) and therefore exclude the subject lands from selection by Native Village corporations.
• Luckey v. Harris
  896 F.2d 479· 11th Cir.· 1989-12-29 ·cited 20×
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co.
  549 So. 2d 197· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The court held that untimely claims made to a bank for payment under a letter of credit do not constitute fraud in the transaction, thus an injunction to prevent payment is improper.
• Hattie Daniels v. William Bryson & the Miami Ass'n of Fire Fighters Local 587
  548 So. 2d 679· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The City of Miami and its employee appealed a permanent injunction requiring compliance with Florida's Public Records Law (Chapter 119) regarding documents related to a fire department investigative panel. The court reversed the injunction, holding that while injunctive relief is
• D.L. Byrd v. City OF Niceville
  541 So. 2d 696· Fla. 1st DCA· 1989-03-23 ·cited 20×
  Appellants challenged a dismissal order in a cable TV dispute where the City of Niceville sought to establish a municipal cable system competing with Warner Cable's existing franchise. The court affirmed the dismissal of individual appellants for lack of standing but reversed and
• Consol. Gold Fields PLC v. Minorco, S.A.
  871 F.2d 252· 2d Cir.· 1989-03-22 ·cited 20×
  A takeover target must demonstrate antitrust injury to have standing to challenge a takeover under Section 16 of the Clayton Act.
• Federated Title Insurers, Inc. v. Ward
  538 So. 2d 890· Fla. 4th DCA· 1989-01-11 ·cited 20×
  Federated Title Insurers and First Federated Savings Bank appealed an order requiring them to participate in arbitration proceedings initiated by a former employee, Howard Ward. The court reversed, holding that the appellants were not bound by the employment contract's arbitratio
• Nat'l Advertising Co. v. City OF Orange
  861 F.2d 246· 9th Cir.· 1988-11-14 ·cited 20×
  The court held that the City's sign ordinance, which prohibited off-site signs, was unconstitutional as applied to noncommercial speech because it contained content-based distinctions and favored commercial over noncommercial speech. However, the contempt order against the City w
• Payne Enters., Inc. v. United States
  837 F.2d 486· D.C. Cir.· 1988-01-19 ·cited 20×
• Soltex Polymer Corp. v. Fortex Indus., Inc.
  832 F.2d 1325· 2d Cir.· 1987-11-03 ·cited 20×
  The court held that a district court did not abuse its discretion in ordering a disclaimer instead of an absolute injunction for trademark infringement when the likelihood of consumer confusion was minimal or moderate.
• Melendez v. Inclan
  826 F.2d 130· 1st Cir.· 1987-08-04 ·cited 20×
  The court held that the position of Regional Director of the GSA in Puerto Rico relates to partisan political interests and is a policymaking role, thus political affiliation is an appropriate requirement for the position.
• Polykoff v. Collins
  816 F.2d 1326· 9th Cir.· 1987-05-07 ·cited 20×
  The court held that Arizona's interpretation of "prurient interest" in its obscenity statute, as reflected in the Bartanen jury instructions, does not unconstitutionally overreach protected speech, and that abstention doctrines were inapplicable.
• Loran W. Robbins v. McNICHOLAS Transp. Co.
  819 F.2d 682· 7th Cir.· 1987-04-21 ·cited 20×
  A district court has discretion whether to use injunctive power to compel interim withdrawal liability payments pending arbitration, considering the employer's probability of success and the economic impact of the payments.
• Bell v. R.D. Bryan
  505 So. 2d 690· Fla. 1st DCA· 1987-04-21 ·cited 20×
  The court held that tax certificates were an improper method to enforce assessments on improvements owned by the County, and that such improvements should have been taxed at the intangible property rate, not the real property rate.
• S. Records & Tape Serv. v. Murray Goldman
  502 So. 2d 413· Fla.· 1986-12-24 ·cited 20×
  The Florida Supreme Court upheld the Third District Court of Appeal's denial of a writ of prohibition sought by Southern Records & Tape Service to prevent circuit court enforcement of a discrimination board's order. The Court held that prohibition is not available when the circui