Injunctive Relief

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

• Cotter Corp. v. Seaborg
  370 F.2d 686· 10th Cir.· 1966-12-28 ·cited 18×
  The court held that the Atomic Energy Commission officials acted within their Congressionally delegated authority, making the suit against them an unconsented suit against the sovereign United States, which bars jurisdiction.
• Yoder v. Assiniboine AND Sioux Tribes OF the Fort Peck Indian Reservation
  339 F.2d 360· 9th Cir.· 1964-11-25 ·cited 18×
  The court held that the value of the right to be free from state regulation, not the value of the underlying property or potential royalties, must be used to determine the jurisdictional amount in controversy.
• Mercer v. Hemmings
  170 So. 2d 33· Fla.· 1964-07-29 ·cited 18×
  Price Waterhouse, an out-of-state accounting firm, challenged Florida's accountancy licensing requirements and a new Board rule preventing temporary certificate use for full-time practice in the state. The Florida Supreme Court upheld the state's authority to require certificatio
• Minerva Bradley v. The Sch. Bd. of the City OF Richmond
  317 F.2d 429· 4th Cir.· 1963-05-10 ·cited 18×
• Wes Chapter, Flight Eng'rs' Int'l Ass'n, Afl-Cio v. Nat'l Mediation Bd.
  314 F.2d 234· D.C. Cir.· 1962-11-15 ·cited 18×
  The court held that the National Mediation Board's actions in conducting a representation election and its determination of voter eligibility did not exceed its statutory authority, precluding judicial intervention.
• Local NO. 2 OF the Operative Plasterers & Cement Masons Int'l Ass'n v. Paramount Plastering, Inc.
  310 F.2d 179· 9th Cir.· 1962-11-07 ·cited 18×
  Payments by employers to trusts or corporations for purposes not explicitly exempted under Section 302(c) of the LMRA are prohibited, even if the funds are not used for bribes or are not solely controlled by the union.
• Idlewild BON Voyage Liquor Corp. v. Rohan
  289 F.2d 426· 2d Cir.· 1961-04-14 ·cited 18×
  The court held that it has jurisdiction to hear appeals from orders entered by single district judges, even if those orders involve injunctions against state statutes, to determine if a three-judge court was required.
• Cent. ICE Cream Co. v. Golden ROD ICE Cream Co.
  257 F.2d 417· 7th Cir.· 1958-04-23 ·cited 18×
  The court held that the plaintiff's complaint, alleging discriminatory and unlawful methods of competition impacting interstate commerce, was sufficient to survive a motion to dismiss.
• B. F. Goodrich Co. v. Fed. Trade Comm'n
  208 F.2d 829· D.C. Cir.· 1953-07-16 ·cited 18×
  The court held that the district court erred in dismissing the complaints for lack of jurisdiction and failure to state a claim, as the plaintiffs alleged sufficient harm to support injunctive relief against the FTC order.
• State Dep't of Pub. Welf. v. Bland
  66 So. 2d 59· Fla.· 1953-06-23 ·cited 18×
  The Florida Supreme Court reversed the dismissal of the Department of Public Welfare's injunction suit against Lillian Mattie Bland, who was operating an unlicensed children's nursing home in violation of a 1949 special statute. The Court held that equity courts have jurisdiction
• Evans v. Dearborn Mach. Movers Co., Inc.
  200 F.2d 125· 6th Cir.· 1952-11-28 ·cited 18×
  A bankruptcy court has the power to enjoin a creditor from prosecuting a state court action if that action interferes with the bankruptcy court's exclusive jurisdiction or violates its prior express orders, even after a final decree.
• Chappell v. Goltsman
  197 F.2d 837· 5th Cir.· 1952-06-30 ·cited 18×
  The court held that the trial court's findings of fact were not clearly erroneous and affirmed the judgment, with a modification.
• United States v. Carter
  197 F.2d 903· 10th Cir.· 1952-06-05 ·cited 18×
  The court held that a defendant who failed to seek administrative review of rent reduction orders cannot challenge their validity in a subsequent enforcement action, and that reliance on statements from a rent office employee does not estop the government from seeking statutory d
• Cal. Ass'n of Emp'rs v. Bldg. & Constr. Trades Council of Reno
  178 F.2d 175· 9th Cir.· 1949-11-28 ·cited 18×
• Bailey v. James S. ST. Louis, D.O.
  196 So. 3d 375· Fla. 2d DCA· 2016-02-03 ·cited 17×
  Bailey and his Laserscopic Spinal entities appealed a bench trial judgment for breach of fiduciary duty, defamation, FDUTPA violations, and tortious interference against competing physicians and investors. The Second District reversed the damages award as unexplained, reversed th
• Attorney's Title Ins. Fund, Inc. v. Landa-Posada
  984 So. 2d 641· Fla. 3d DCA· 2008-06-18 ·cited 17×
  Attorney's fees can only be awarded pursuant to statute or contract, not as a matter of equity or as part of costs, even for a non-party responding to a subpoena.
• Autozone Stores, Inc. v. Ne. Plaza Venture, LLC.
  934 So. 2d 670· Fla. 2d DCA· 2006-08-09 ·cited 17×
  AutoZone appeals a declaratory judgment that denied it injunctive relief for a landlord's alleged violation of a lease provision restricting development on adjacent property, holding that AutoZone had an adequate remedy at law in damages. The court reversed, holding that a tenant
• McINERNEY v. Klovstad
  935 So. 2d 529· Fla. 5th DCA· 2006-05-26 ·cited 17×
  The appellate court reversed a lower court's summary judgment, finding ambiguity in a subdivision's restrictive covenant regarding side yard setbacks. The court held that because the covenant was ambiguous, it must be strictly construed against the party seeking to enforce it.
• Pondella Hall FOR Hire, Inc. v. Lawson Lamar
  866 So. 2d 719· Fla. 5th DCA· 2004-01-02 ·cited 17×
  Pondella Hall for Hire appeals dismissal of its counterclaims for damages arising from a civil forfeiture action. The court affirms dismissal of wrongful injunction and forfeiture damage claims but reverses dismissal of takings claims regarding personal property, remanding for de
• Nat'l Ventures, Inc. v. Water Glades 300 Condo. Ass'n
  847 So. 2d 1070· Fla. 4th DCA· 2003-06-11 ·cited 17×
  National Ventures, a corporate condominium unit owner, appealed the dismissal of claims against its condominium association after the association amended occupancy rules restricting use by the company's executives. The court reversed dismissals of most counts but affirmed the dis
• Lutz Lake Fern Rd. Neighborhood Grps., Inc. v. Hillsborough Cnty.
  779 So. 2d 380· Fla. 2d DCA· 2000-06-21 ·cited 17×
  A group of property owners appealed the dismissal of their complaint challenging the School Board's selection of a site for a new high school. The Florida appellate court reversed, holding that the neighbors stated sufficient causes of action under the declaratory judgment statut
• Equal Emp. Opportunity Comm'n v. Joe's Stone Crab, Inc.
  15 F. Supp. 2d 1364· S.D. Fla.· 1998-08-12 ·cited 17×
  The court held that applicants deterred from applying due to the employer's reputation for discrimination are entitled to back pay calculated from the date they were deterred, not just from the date of application.
• City OF Oviedo v. Alafaya Utils., Inc.
  704 So. 2d 206· Fla. 5th DCA· 1998-01-09 ·cited 17×
  The City of Oviedo appealed a temporary injunction preventing it from withholding approval of sewer improvements by Alafaya Utilities until Alafaya signed a franchise agreement. The court affirmed the injunction, holding that Oviedo's conditioning of utility approvals on a unilat
• State v. Anderson Columbia Co., Inc.
  651 So. 2d 1267· Fla. 1st DCA· 1995-03-14 ·cited 17×
• Catholic Soc. Servs., Inc. v. Thornburgh
  956 F.2d 914· 9th Cir.· 1992-02-13 ·cited 17×
  The court held that the district courts had jurisdiction to hear challenges to INS regulations implementing IRCA, and that the courts had the equitable power to extend the legalization application deadline for aliens deterred by unlawful INS interpretations.
• In re W. Real Est. Fund, Inc. v. The First Nat'l Bank & Tr. Co. OF Tulsa
  922 F.2d 592· 10th Cir.· 1990-12-28 ·cited 17×
  The court held that rejection of an executory contract constitutes a breach, entitling the non-breaching party to contract damages under state law, and that a permanent injunction against a creditor pursuing a non-debtor is improper under the Bankruptcy Code.
• Avi Nakash v. Georges Marciano
  882 F.2d 1411· 9th Cir.· 1989-06-06 ·cited 17×
  The court held that the district court did not abuse its discretion in staying federal proceedings under the Colorado River doctrine, and that the Anti-Injunction Act did not require an injunction against state proceedings due to a prior California appellate court ruling on precl
• United States v. Klubock
  832 F.2d 649· 1st Cir.· 1987-10-30 ·cited 17×
  A federal district court cannot adopt a local rule that significantly alters federal grand jury practice and procedure, as this exceeds its rulemaking authority and encroaches upon the Supreme Court's or Congress's power.
• SAN Francisco Cnty. Democratic Cent. Comm. v. March Fong EU
  826 F.2d 814· 9th Cir.· 1987-08-18 ·cited 17×
  The court held that California's prohibition on preprimary endorsements and its detailed regulation of political party structure violate the First Amendment rights of political parties and their members.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• United Teachers OF Dade, FEA/United AFT, Local 1974, AFL-CIO v. Dade Cnty. Sch. Bd.
  500 So. 2d 508· Fla.· 1986-12-24 ·cited 17×
  Florida's Supreme Court held that the Master Teacher Program, which provides uniform statewide $3,000 awards to superior teachers based on subject area examinations, does not violate public employees' constitutional right to collective bargaining because the payment is not a wage
• Ry. Labor Executives' Ass'n v. Boston & Me. Corp.
  808 F.2d 150· 1st Cir.· 1986-12-22 ·cited 17×
  Job abolishments by Maine Central that discriminate against employees for engaging in RLA-protected activity are major disputes subject to judicial review, not minor disputes for arbitration. Job abolishments by D&H and B&M, arguably within contractual rights and lacking discrimi
• Cuthbert v. Sec'y, Dep't of Health & Human Servs.
  784 F.2d 1157· 4th Cir.· 1985-11-29 ·cited 17×
  The court held that the district court properly dismissed the action for lack of jurisdiction because there was no colorable claim that the Secretary's calculation of the attorney's fee violated federal law.
• Sec. & Exch. Comm'n v. Randolph
  736 F.2d 525· 9th Cir.· 1984-06-29 ·cited 17×
  The court held that a district court erred in rejecting a proposed consent decree for insider trading violations, finding that a case or controversy existed and that the decree was in the public interest despite the absence of prejudgment interest.
• Breath v. Alwynn J. Cronvich
  729 F.2d 1006· 5th Cir.· 1984-04-16 ·cited 17×
  The dissenting judge believes the appearance bond procedure is unconstitutional in this case because the owner was not informed of the alternative and the procedure was not practically available.
• Gonzales v. The City OF Peoria
  722 F.2d 468· 9th Cir.· 1983-12-16 ·cited 17×
  Federal law does not preclude state and local police from enforcing criminal provisions of the Immigration and Naturalization Act, and Arizona law authorizes such arrests if supported by probable cause and constitutional procedures. However, detention at a police station constitu
• Santana v. Jenaro Collazo Collazo
  714 F.2d 1172· 1st Cir.· 1983-08-03 ·cited 17×
  The court held that while juveniles do not have a constitutional right to rehabilitative treatment, the conditions of their confinement, particularly in isolation, are subject to heightened scrutiny under the Due Process Clause and Eighth Amendment, and may be unconstitutional if
• Jewel King v. McCORD
  707 F.2d 466· 11th Cir.· 1983-06-13 ·cited 17×
  The court held that the district court did not abuse its discretion in recalculating attorney's fees, properly excluding time spent on unsuccessful claims and considering the relationship of the fee to the amount of recovery.
• Richland Park Homeowners Ass'n, Inc. v. Pierce
  671 F.2d 935· 5th Cir.· 1982-04-02 ·cited 17×
  The court held that post-completion equitable relief is inappropriate for NEPA procedural deficiencies when the project is complete and occupied, especially absent bad faith, due to mootness and significant harm to innocent parties.
• AD World, Inc. v. Twp. of Doylestown
  672 F.2d 1136· 3d Cir.· 1982-02-05 ·cited 17×
  A township ordinance prohibiting the distribution of advertising material to residences without affirmative consent violates the First and Fourteenth Amendments because the publication is considered noncommercial speech and the ordinance is not narrowly tailored to serve a substa
• Welsh v. Carroll
  378 So. 2d 1255· Fla. 3d DCA· 1979-12-18 ·cited 17×
  The court held that the parties' employment contracts remained in force during the winding-up period, and fees from pending cases should be divided according to those contracts, not stock ownership.
• Eder v. Beal
  609 F.2d 695· 3d Cir.· 1979-11-14 ·cited 17×
  A state's prior illegality in operating a program does not excuse its failure to comply with federal notice provisions when terminating that program.
• Syvalius Walston, Jr. v. Sch. Bd. OF the City OF Suffolk & Robert A. Wood
  566 F.2d 1201· 4th Cir.· 1977-12-02 ·cited 17×
  The court held that the district court's discretionary award of attorneys' fees, even if primarily based on monetary recovery, was not an abuse of discretion under the circumstances.
• Ramsey Clark v. Valeo
  D.D.C.· 1977-01-21 ·cited 17×
  The dissent argues that the court should decide the merits of the case due to voter standing, as the one-house veto provision of the Federal Election Campaign Act is constitutionally impermissible.
• Skaggs-Albertson's Props., Inc. v. Michels Belleair Bluffs Pharmacy, Inc.
  332 So. 2d 113· Fla. 2d DCA· 1976-05-12 ·cited 17×
  In this zoning dispute, the Florida District Court of Appeal reversed an injunction against a proposed drugstore developed by Skaggs on the grounds that the plaintiff-pharmacy failed to exhaust administrative remedies and lacked standing to sue. The court held that a nearby prope
• Mr. Jones v. Mr. Smith
  278 So. 2d 339· Fla. 4th DCA· 1973-05-15 ·cited 17×
  A Florida appellate court holds that a putative father has no right to obtain injunctive relief preventing the natural mother from terminating her pregnancy during the first trimester. The decision rests on the mother's constitutional right to privacy as established in Roe v. Wad
• Orange Cnty. Audubon Soc'y, Inc. v. Hold
  276 So. 2d 542· Fla. 4th DCA· 1973-04-27 ·cited 17×
  The Orange County Audubon Society challenged a trial court's ruling that it lacked standing to sue under Florida's Environmental Protection Act of 1971. The court held that corporations can qualify as 'citizens' under the statute and therefore have standing to bring environmental
• Brown v. O'Brien
  469 F.2d 563· D.C. Cir.· 1972-07-05 ·cited 17×
  The court held that the Credentials Committee's apportionment of delegates was within its competence and did not violate due process, even if it operated retroactively or disregarded state statutes.
• Cooley v. Endictor
  458 F.2d 513· 5th Cir.· 1972-04-03 ·cited 17×
• Luxon v. Rosebud Sioux Tribe OF South Dakota
  455 F.2d 698· 8th Cir.· 1972-02-09 ·cited 17×
  The district court has jurisdiction under 28 U.S.C. § 1343(4) to determine if an Indian tribe has denied its members rights guaranteed by the Indian Bill of Rights.