Injunctive Relief

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

• Greensboro Hosiery Mills, Inc. v. Reed Johnston
  377 F.2d 28· 4th Cir.· 1967-05-02 ·cited 16×
  The court held that the district court lacked jurisdiction to enjoin the National Labor Relations Board from holding representation elections, as immediate judicial review of such matters is generally prohibited by statute.
• Coleman v. Coleman
  191 So. 2d 460· Fla. 1st DCA· 1966-10-11 ·cited 16×
  Stockholders challenged their corporation's board decision to issue Class A voting stock to themselves in exchange for Class B non-voting stock, which diluted minority shareholder control. The court upheld the injunction invalidating the stock issuance and found the board action
• Fla. Peach Orchards, Inc. v. State
  190 So. 2d 796· Fla. 1st DCA· 1966-10-04 ·cited 16×
  Florida Peach Orchards and its principals appealed an interlocutory order denying their motion to dismiss an injunction complaint and refusing to dissolve a temporary restraining order issued by the Florida Securities Commission for alleged violations of securities laws. The cour
• Howard v. ST. Louis-San Francisco Ry. Co.
  361 F.2d 905· 8th Cir.· 1966-06-17 ·cited 16×
  The court held that federal courts lack jurisdiction to reclassify railroad crafts or classes, which is exclusively committed to the National Mediation Board under the Railway Labor Act. Claims of discrimination related to minor disputes are also barred without exhaustion of admi
• Murphy v. Daytona Beach Humane Soc'y, Inc.
  176 So. 2d 922· Fla. 1st DCA· 1965-06-29 ·cited 16×
  Murphy appealed a temporary restraining order preventing him from publishing materials criticizing the Daytona Beach Humane Society's management and use of tax funds. The court reversed, holding that equity courts cannot enjoin alleged libel or slander absent other independent gr
• The Union Sav. Bank OF Patchogue v. Saxon
  335 F.2d 718· D.C. Cir.· 1964-06-25 ·cited 16×
  The Comptroller violated the National Bank Act by approving a branch in an unincorporated area not recognized as a 'village' under New York law, as the Act requires state statutory authorization for state banks.
• Eskind v. City OF Vero Beach
  159 So. 2d 209· Fla.· 1963-12-18 ·cited 16×
  The Florida Supreme Court reviewed conflicting District Court decisions on whether a municipal ordinance prohibiting outdoor rate signs for lodging establishments was valid. The Court held the ordinance unconstitutional as an arbitrary restriction on business competition that vio
• Ranes v. Off. Emps. Int'l Union
  317 F.2d 915· 7th Cir.· 1963-05-15 ·cited 16×
  An international union can increase the minimum dues payable by its members to affiliated local unions through a convention vote, and this action binds the local unions without requiring a separate referendum of the local members.
• Turk v. Hysan Prods. Co.
  149 So. 2d 584· Fla. 3d DCA· 1963-02-12 ·cited 16×
  Turk sued Hysan Products for breach of an oral exclusive agency agreement to sell "Futron" chemical products in Dade and Broward Counties, seeking injunctive relief. The trial court granted summary judgment for the defendant, holding the contract too vague and uncertain to warran
• Int'l Ass'n OF MacHinists, AFL-CIO v. Nw. Airlines, Inc.
  304 F.2d 206· 8th Cir.· 1962-06-19 ·cited 16×
  A federal court lacks jurisdiction to grant an injunction in a minor labor dispute under the Railway Labor Act if the plaintiff has not exhausted available administrative remedies, as such injunctions are barred by the Norris-LaGuardia Act.
• Elgin v. Brotherhood OF Railroad Trainmen
  302 F.2d 540· 7th Cir.· 1962-05-04 ·cited 16×
  The court held that a strike over pension disputes was not illegal and that the Norris-LaGuardia Act barred injunctive relief, affirming the district court's dismissal and denial of an injunction.
• Mayflower Prop., Inc. v. City OF Fort Lauderdale
  137 So. 2d 849· Fla. 2d DCA· 1962-02-02 ·cited 16×
  Mayflower Property, Inc. challenged the City of Fort Lauderdale's zoning of its waterfront property as R-1 single family, arguing it should be rezoned R-3 multiple family for hotels and apartments. The court held that the Board of Adjustment lacked jurisdiction to grant the reque
• Local 901
  291 F.2d 793· 1st Cir.· 1961-06-15 ·cited 16×
  The court held that there was reasonable cause to believe the Union engaged in unfair labor practices violating secondary boycott provisions, and the lower court did not err in granting injunctive relief.
• Nat'l Mach. Co. v. Waterbury Farrel Foundry & Mach. Co. & Textron, Inc.
  290 F.2d 527· 2d Cir.· 1961-05-22 ·cited 16×
  A district court's denial of leave to assert a permissive counterclaim, even if seeking injunctive relief, is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Fed. Home Loan Bank Bd. v. Rowe
  284 F.2d 274· D.C. Cir.· 1960-10-20 ·cited 16×
  The court held that the Federal Home Loan Bank Board's decision to grant a charter to one applicant over another, without a comparative hearing, was within its discretion and not subject to judicial review under the Administrative Procedure Act.
• Tampa Elec. Co. v. Withlacoochee River Elec. Coop., Inc.
  122 So. 2d 471· Fla.· 1960-06-24 ·cited 16×
  Tampa Electric Company sought writs of certiorari challenging the Second District Court of Appeal's reversal of injunctions against Withlacoochee River Electric Cooperative for serving customers already receiving adequate service from Tampa Electric. The Florida Supreme Court hel
• Noerr Motor Freight, Inc. v. Eastern Railroad Presidents Conference
  273 F.2d 218· 3d Cir.· 1959-12-10 ·cited 16×
  The court affirmed the district court's judgment, finding that the railroads' actions constituted an antitrust conspiracy to injure and destroy the long-haul trucking industry.
• Mitchell v. Strickland Transp. Co., Inc.
  267 F.2d 821· 5th Cir.· 1959-06-09 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying a permanent injunction against future violations of the Wage and Hour Law, given the employer's voluntary correction of the practice upon advice of counsel.
• State Wholesale Grocers v. The Great Atl. & Pac. TEA Co.
  258 F.2d 831· 7th Cir.· 1958-07-25 ·cited 16×
• Hills v. Colonel Eisenhart
  256 F.2d 609· 9th Cir.· 1958-06-17 ·cited 16×
  The District Court lacked jurisdiction because the plaintiffs failed to exhaust their administrative remedies with the Civil Service Commission.
• Sec. & Exch. Comm'n v. Ins. Sec.
  254 F.2d 642· 9th Cir.· 1958-04-07 ·cited 16×
  The court held that the sale of controlling stock in an investment adviser company at a price exceeding net asset value does not constitute "gross misconduct" or "gross abuse of trust" under Section 36 of the Investment Company Act of 1940.
• Elec. Pipe Line, Inc. v. Fluid Sys.
  250 F.2d 697· 2d Cir.· 1957-12-30 ·cited 16×
  The court held that the plaintiff's modified systems infringed the defendant's patent and that the damages calculation, including lost profits on unpatented components, was proper.
• The Phillips Petroleum Co. v. Mayoe Porter Buster
  241 F.2d 178· 10th Cir.· 1957-01-02 ·cited 16×
• Lawlor v. Nat'l Screen Serv. Corp.
  238 F.2d 59· 3d Cir.· 1956-10-24 ·cited 16×
  The court held that the lower courts erred in granting summary judgment based on a per se illegality theory for exclusive agreements under the Sherman Act, as genuine issues of material fact existed regarding the reasonableness and competitive impact of these agreements.
• Finton J. Phelan, Jr. v. Taitano
  233 F.2d 117· 9th Cir.· 1956-04-10 ·cited 16×
  The court held that the appellants' complaint failed to state a claim upon which relief could be granted, affirming the dismissal of their action.
• Indep. Nail & Packing Co., Inc. v. Perry
  214 F.2d 670· 7th Cir.· 1954-07-13 ·cited 16×
  The court held that the district court exceeded its authority by delaying injunctive relief and that a writ of mandamus is necessary to enforce the prior judgment.
• Sword Line, Inc. v. Indus. Comm'r of State of N.Y.
  212 F.2d 865· 2d Cir.· 1954-04-27 ·cited 16×
  Post-confirmation interest on tax claims is not collectible against a debtor after confirmation of its Chapter XI arrangement proceedings.
• Bd. of Sup'rs of La. State Univ. & Agric. & Mech. Coll. v. Tureaud
  207 F.2d 807· 5th Cir.· 1953-10-28 ·cited 16×
  The district judge properly determined that a three-judge court was not required because the case presented a factual issue of discrimination, not a substantial constitutional question regarding a state statute.
• United States v. Hoxsey Cancer Clinic
  198 F.2d 273· 5th Cir.· 1952-07-31 ·cited 16×
  The court held that the Hoxsey Clinic's labeling of its cancer drugs was false and misleading under the Federal Food, Drug and Cosmetic Act, and that the drugs were not efficacious for treating cancer.
• McGRATH v. Potash
  199 F.2d 166· D.C. Cir.· 1952-06-19 ·cited 16×
  The court held that a subsequent act of Congress exempting deportation proceedings from the Administrative Procedure Act was a valid ground to vacate a prior injunction based on that Act.
• Woods v. Polis
  180 F.2d 4· 3d Cir.· 1950-02-17 ·cited 16×
  The court held that a landlord cannot unilaterally shift obligations to avoid rent control regulations and that the scope of injunctive relief must be tailored to the violations found.
• McCOMB v. Frank Scerbo & Sons, Inc.
  177 F.2d 137· 2d Cir.· 1949-08-18 ·cited 16×
  The court did not definitively establish res judicata consequences for the current decision, leaving the issue open for future cases.
• Slater v. Denver Bldg. & Constr. Trades Council
  175 F.2d 608· 10th Cir.· 1949-07-06 ·cited 16×
  The court held that the alleged unfair labor practices, which involved pressuring secondary employers to cease doing business with a primary employer engaged in interstate commerce, affected commerce within the meaning of the National Labor Relations Act.
• Woods v. Petchell
  175 F.2d 202· 8th Cir.· 1949-06-07 ·cited 16×
  The court held that the plan of selling apartment units, despite lacking formal corporate structure, stock, or proprietary leases, constituted a "cooperative association" under the Housing and Rent Act of 1947, as amended, because the Declaration provided equivalent substitutes f
• Norris, Inc. v. Nat'l Labor Relations Bd.
  177 F.2d 26· D.C. Cir.· 1949-05-27 ·cited 16×
  The court held that an employer cannot seek an injunction to prevent a representation election but must instead follow the statutory appeal process after an unfair labor practice finding.
• Amalgamated Ass'n of St. v. Dixie Motor Coach Corp.
  170 F.2d 902· 8th Cir.· 1948-11-26 ·cited 16×
  Federal district courts lack jurisdiction to issue injunctions at the instance of private parties in cases involving or growing out of labor disputes, even if those acts constitute violations of Section 303(a) of the Labor Management Relations Act of 1947.
• Allen Bradley Co. v. Local Union NO. 3
  145 F.2d 215· 2d Cir.· 1944-10-12 ·cited 16×
  The court held that the injunction was too broad, but dissented from the dismissal of the complaint and denial of declaratory judgment.
• Walling v. Mid-Continent Pipe Line Co.
  143 F.2d 308· 10th Cir.· 1944-06-12 ·cited 16×
  The trial court erred by dismissing the case without adjudicating coverage and injunctive relief, and the appellate court determined that the five welders were entitled to compensation for their return travel time.
• Order of Ry. Conductors of Am. v. Nat'l Mediation Bd.
  141 F.2d 366· D.C. Cir.· 1944-03-27 ·cited 16×
  Federal courts lack jurisdiction to review the National Mediation Board's actions in jurisdictional representative disputes, even if the Board's actions are alleged to be arbitrary.
• Carter v. Herrin Motor Freight Lines, Inc.
  131 F.2d 557· 5th Cir.· 1942-11-10 ·cited 16×
  The court held that the injunction was improperly granted because the plaintiff failed to demonstrate compliance with the Norris-LaGuardia Act's requirements regarding reasonable efforts to settle the labor dispute and the inability or unwillingness of local authorities to provid
• LEE WAY Motor Freight, Inc. v. Keystone Freight Lines, Inc.
  126 F.2d 931· 10th Cir.· 1942-03-18 ·cited 16×
  The court held that the Norris-LaGuardia Act deprives federal courts of jurisdiction to issue injunctions in cases involving labor disputes, even if a common carrier's duties are implicated.
• Smith v. Davis
  22 Fla. 405· Fla.· 1886-06-01 ·cited 16×
  Isaac Smith sought an injunction to prevent the sheriff from selling his bay mare under executions, claiming Davis had misapplied his payments and was improperly enforcing multiple judgments against him. The Florida Supreme Court affirmed the trial court's denial of the injunctio
• Estes v. Rodin
  259 So. 3d 183· Fla. 3d DCA· 2018-10-10 ·cited 15×
  Although the complaint alleged sufficient jurisdictional facts under Florida's long-arm statute to the extent that third parties in Florida accessed the allegedly defamatory posts, the defendants lacked sufficient minimum contacts with Florida to satisfy constitutional due proces
• Berkowitz v. Delaire Country Club, Inc.
  126 So. 3d 1215· Fla. 4th DCA· 2012-10-24 ·cited 15×
  Stuart Berkowitz, a member of Delaire Country Club, appeals a summary judgment ruling that upheld the Club's rejection of his proposed amendments because they exceeded a one-page limitation. The appellate court reversed, holding that while ambiguity existed in the Club's governin
• City OF Miami Beach v. Kuoni Destination Mgmt., Inc.
  81 So. 3d 530· Fla. 3d DCA· 2012-02-08 ·cited 15×
  The City of Miami Beach appealed a temporary injunction preventing it from closing a private birthday party at a residential property, claiming the event violated the city's commercial use ordinance. The appellate court found the issue moot because the party had already occurred
• Winter Park Imports, Inc. v. JM Fam. Enters., Inc.
  77 So. 3d 227· Fla. 5th DCA· 2011-12-23 ·cited 15×
  Winter Park Imports appealed a trial court order awarding $500,263.73 in costs to the prevailing defendants in a motor vehicle dealer act litigation. The appellate court affirmed most of the cost award but reversed and remanded regarding video deposition costs and expert witness
• L.J. Johnson v. Robert L. "Skip" Jarvis, Jr.
  74 So. 3d 168· Fla. 1st DCA· 2011-11-16 ·cited 15×
  The dismissal of the complaint was inappropriate because it stated a cause of action under the Public Records Law, and the trial court erred by not holding an evidentiary hearing.
• Acad. Express, LLC v. Broward Cnty.
  53 So. 3d 1188· Fla. 4th DCA· 2011-02-09 ·cited 15×
  The court held that a bid protest alleging vendor misrepresentation, without alleging facial non-responsiveness or the awarding body's knowledge of the misrepresentation, does not state a cause of action for arbitrary and capricious conduct.
• Fla. Dep't OF State v. Fla. State Conf. OF NAACP Branches
  43 So. 3d 662· Fla.· 2010-08-31 ·cited 15×
  The Florida Supreme Court affirmed a circuit court decision striking Amendment 7 from the November 2010 ballot because the ballot language failed to clearly inform voters that the amendment would convert the current mandatory requirement that legislative districts be contiguous i
• Browning v. Fla. Hometown Democracy, Inc.
  29 So. 3d 1053· Fla.· 2010-02-18 ·cited 15×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down Florida's signature-revocation provisions for initiative petitions as unconstitutional. The court held that these provisions, which allowed opponents to conduct campaigns persuading pet