Injunctive Relief

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

• Biscayne Park, LLC v. Wal-Mart Stores E., LP
  34 So. 3d 24· Fla. 3d DCA· 2010-02-17 ·cited 15×
  Biscayne Park appeals a trial court order granting Wal-Mart's motion for a temporary injunction to seal groundwater monitoring wells on Biscayne's property. The Third District Court of Appeal reversed, holding that Wal-Mart failed to establish the prerequisites for injunctive rel
• Schauer v. Morse Operations, Inc.
  5 So. 3d 2· Fla. 4th DCA· 2009-01-05 ·cited 15×
  Plaintiff Schauer sued car dealers Morse and GMAC alleging fraud, deceptive trade practices, and consumer collection violations arising from a car purchase. The Fourth District reversed most summary judgments against Schauer on his fraud and FDUTPA claims against Morse but upheld
• Pinto v. Princess Cruise Lines, Ltd.
  513 F. Supp. 2d 1334· S.D. Fla.· 2007-02-16 ·cited 15×
  The court granted Class Counsel's motion for attorneys' fees and expenses, awarding 30% of the common fund, finding the requested amount reasonable based on various factors.
• Hillier v. City OF Plantation
  935 So. 2d 105· Fla. 4th DCA· 2006-08-09 ·cited 15×
  The court held that the trial court did not err in adopting the City's proposed final judgment verbatim, nor was there insufficient evidence to support the denial of access to public documents.
• Smith v. 2001 S. Dixie Hwy., Inc.
  872 So. 2d 992· Fla. 4th DCA· 2004-05-12 ·cited 15×
  The court affirmed the dismissal of an employee's complaint with prejudice for failure to state a cause of action against her employer under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
• Montville v. Mobile Med. Indus., Inc.
  855 So. 2d 212· Fla. 4th DCA· 2003-09-24 ·cited 15×
  The court held that the statutory language regarding enforcement of restrictive covenants does not remove a court's discretion in setting the bond amount for a temporary injunction, and that no clear abuse of discretion was demonstrated in setting the bond amount.
• Siegel v. LePore
  120 F. Supp. 2d 1041· S.D. Fla.· 2000-11-13 ·cited 15×
  Federal courts should not intervene preliminarily in state election procedures, as the state's interest in conducting its elections and the potential for federal overreach outweigh the plaintiffs' speculative claims of injury from manual recounts.
• OCÉ Printing Sys. USA, Inc. v. Mailers Data Servs., Inc.
  760 So. 2d 1037· Fla. 2d DCA· 2000-06-16 ·cited 15×
  The Florida District Court of Appeal reversed the trial court's certification of three nationwide antitrust and unfair trade practice classes against sellers and servicers of ultra-high speed printers. The court held that Florida's Antitrust Act and Unfair Trade Act limit claims
• Zerquera v. Centennial Homeowners' Ass'n, Inc.
  721 So. 2d 751· Fla. 3d DCA· 1998-11-04 ·cited 15×
  The court held that amended covenants are enforceable against existing homeowners and that estoppel did not apply to the homeowner's violations. However, the homeowner's association exceeded its authority in the amount of fines levied against one homeowner.
• U.S. Mfg. & Galvanizing Corp. v. Renfrow
  592 So. 2d 1216· Fla. 3d DCA· 1992-01-28 ·cited 15×
  USMGC appealed the denial of dissolution of a temporary injunction that closed its facility and required removal of hazardous waste. The court affirmed, holding that the trial court did not abuse its discretion in maintaining the injunction despite evidence of hazardous waste rem
• DEL Monte Dunes AT Monterey, Ltd. v. City OF Monterey
  920 F.2d 1496· 9th Cir.· 1990-12-12 ·cited 15×
  The court held that the regulatory takings claim is ripe for review because the property owners made substantial efforts to comply with the City's conditions, and further applications would be futile due to the City's arbitrary and contradictory actions.
• Goldstein v. Serio
  566 So. 2d 1338· Fla. 4th DCA· 1990-09-05 ·cited 15×
  Phyllis Goldstein appealed the trial court's order requiring her to elect remedies before trial, which forced her to abandon her jury trial right and proceed on only a rescission claim in a bench trial. The Fourth District Court of Appeal reversed, holding that the election of re
• Ihsan Barbouti v. Loizos Lysandrou
  559 So. 2d 648· Fla. 3d DCA· 1990-03-13 ·cited 15×
  Barbouti sued Lysandrou and Nomikos for converting $800,000 in checks, seeking injunctive relief to preserve the funds. The trial court dissolved the temporary injunction but sustained a pre-judgment garnishment writ after Barbouti posted bond. Both appellees affirm, holding that
• Wilk v. Am. Med. Ass'n
  895 F.2d 352· 7th Cir.· 1990-02-07 ·cited 15×
  The court held that the American Medical Association's boycott of chiropractors constituted an unreasonable restraint of trade under the Sherman Act, and that injunctive relief was appropriate due to lingering anticompetitive effects.
• Lafayette Brown, Jr. v. Ga. Dep't OF Revenue
  881 F.2d 1018· 11th Cir.· 1989-08-24 ·cited 15×
  The court held that the employee's claim that he was denied a right to notice of his appellate rights was deficient because he had actual notice of the rules and the due process clause does not require a state to advise an employee of appellate rights in a termination letter.
• Palm Beach Cnty. v. The Allen Morris Co.
  547 So. 2d 690· Fla. 4th DCA· 1989-07-26 ·cited 15×
  Palm Beach County rezoned residential property to commercial general and granted a special exception for mini-storage warehouses. The Fourth District Court of Appeal affirmed the rezoning as consistent with the comprehensive plan and fairly debatable, but reversed the trial court
• Americans Disabled FOR Accessible Pub. Transp. (Adapt) v. Skinner
  881 F.2d 1184· 3d Cir.· 1989-07-24 ·cited 15×
  The court held that the Secretary of Transportation has the discretion to establish a safe harbor provision for bus accessibility regulations, and the three percent figure is not arbitrary and capricious.
• Alachua Cnty. v. Lewis OIL Co., Inc.
  516 So. 2d 1033· Fla. 1st DCA· 1987-12-09 ·cited 15×
  The appellate court affirmed the trial court's grant of a temporary injunction, finding no abuse of discretion.
• Pappert v. Mobilinium Assocs. V.
  512 So. 2d 1096· Fla. 4th DCA· 1987-09-16 ·cited 15×
  Mobile home park residents sued for violations of Florida's mobile home park statute, seeking injunctive relief and damages. The trial court awarded damages of $18,860 for pool violations but denied damages for other alleged violations, then awarded attorneys' fees to the defenda
• United States v. Burzynski Cancer Research Inst.
  819 F.2d 1301· 5th Cir.· 1987-06-25 ·cited 15×
  The court affirmed dismissal of claims related to the search warrant and record seizure, but remanded a counterclaim concerning false information dissemination for further discovery.
• Victorian v. Miller
  813 F.2d 718· 5th Cir.· 1987-04-07 ·cited 15×
  Food stamp claimants may bring an action under 42 U.S.C. § 1983 against state officials for violations of the Food Stamp Act, as the Act creates enforceable rights and does not foreclose § 1983 enforcement.
• Solomon v. City OF Gainesville
  796 F.2d 1464· 11th Cir.· 1986-08-19 ·cited 15×
  A plaintiff who prevails on a constitutional claim, even if a related § 1983 claim is waived, is entitled to attorney's fees under 42 U.S.C. § 1988.
• Elec. Data Sys. Fed. Corp. v. Gen. Servs. Admin. Bd. OF Contract Appeals
  792 F.2d 1569· Fed. Cir.· 1986-05-28 ·cited 15×
  The Federal Circuit held that the General Services Board of Contract Appeals (GSBCA) lacked jurisdiction over a protest because the procurement was not conducted under the Brooks Act, and the GSBCA's suspension order was an appealable injunction.
• Corona Props. OF Fla., Inc. v. Monroe Cnty.
  485 So. 2d 1314· Fla. 3d DCA· 1986-03-11 ·cited 15×
  A building permit issued without statutory authority is void ab initio, and equitable estoppel or laches cannot be asserted against a governmental entity to enforce such a permit.
• Cruz v. Ferre
  755 F.2d 1415· 11th Cir.· 1985-03-22 ·cited 15×
  The court held that the Miami ordinance regulating indecent material on cable television was unconstitutionally overbroad under the First Amendment and its enforcement procedures violated due process.
• E. Naples Water Sys., Inc. v. The Bd. OF Cnty. Comm'rs OF Collier Cnty.
  457 So. 2d 1057· Fla. 2d DCA· 1984-06-06 ·cited 15×
  East Naples Water Systems challenged the constitutionality of Collier County Ordinance 76-71 regulating water utilities through a declaratory judgment action. The trial court dismissed the complaint as moot after Water Systems submitted a rate application to the county, but the a
• Home Builders & Contractors Ass'n OF Palm Beach Cnty., Inc. v. The Bd. OF Cnty. Comm'rs OF Palm Beach Cnty.
  446 So. 2d 140· Fla. 4th DCA· 1983-10-12 ·cited 15×
  The Fourth District Court of Appeal upheld Palm Beach County's impact fee ordinance, which imposed fees on new development to fund road improvements necessitated by increased traffic. The court rejected challenges that the ordinance exceeded county authority, violated equal prote
• Donovan v. W.P. Pointon, Jr.
  717 F.2d 1320· 10th Cir.· 1983-09-22 ·cited 15×
  The court held that the employer's land development business was subject to the Fair Labor Standards Act, and his failure to pay overtime was a willful violation, affirming the district court's judgment.
• Purolator, Inc. v. Efra Distribs., Inc.
  687 F.2d 554· 1st Cir.· 1982-09-08 ·cited 15×
  The court held that EFRA's use of the 'Puro Filter' trademark infringed Purolator's federally registered trademark and violated the Lanham Act, even though EFRA's sales were intrastate, because the activities had a substantial impact on interstate commerce.
• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Seminole Cnty. v. Mertz
  415 So. 2d 1286· Fla. 5th DCA· 1982-05-26 ·cited 15×
  Seminole County and Magnolia Service Corporation appealed a permanent injunction prohibiting surface water flow onto the Mertz property, claiming the trial court misapplied Florida water law. The court affirmed the injunction, finding that the developers unlawfully diverted diffu
• Dills v. The City OF Marietta
  674 F.2d 1377· 11th Cir.· 1982-05-06 ·cited 15×
  The court held that the city's time restrictions on portable display signs, as applied to commercial speech, did not directly advance substantial governmental interests and were not narrowly tailored, thus violating the First Amendment.
• A. Rab Chowdhury, M.D. v. The Reading Hosp. & Med. Ctr.
  677 F.2d 317· 3d Cir.· 1982-05-03 ·cited 15×
  A private cause of action under Title VI for injunctive relief does not require exhaustion of administrative remedies.
• Henry Hope X-Ray Prods., Inc. v. Marron Carrel, Inc.
  674 F.2d 1336· 9th Cir.· 1982-04-23 ·cited 15×
  The court held that the district court did not err in finding most of Hope's manufacturing processes and components to be trade secrets, nor in upholding the confidentiality agreement, and affirmed the injunction's specificity. However, the court reversed the finding of a trade s
• Duvallon v. Duvallon
  409 So. 2d 1162· Fla. 3d DCA· 1982-02-16 ·cited 15×
  Florida appellate court affirmed the trial court's injunction order and contempt conviction, finding no abuse of discretion and sufficient evidence supporting the sanctions.
• Isle OF Hope Historical Ass'n, Inc. v. United States Army Corps OF Eng'rs & Isle of Hope Marina
  646 F.2d 215· 5th Cir.· 1981-05-29 ·cited 15×
  The court affirmed the lower court's decision, holding that the Environmental Impact Statement (EIS) was adequate and the permits were properly granted, as the Corps of Engineers fulfilled its obligations under NEPA by consulting with local authorities and considering environment
• Blech v. United States
  595 F.2d 462· 9th Cir.· 1979-02-22 ·cited 15×
  The court held that the Anti-Injunction Statute and the Declaratory Judgment Act bar suits seeking to enjoin the assessment or collection of federal taxes, or to obtain a declaratory judgment regarding federal taxes.
• Fullilove v. Kreps
  584 F.2d 600· 2d Cir.· 1978-09-22 ·cited 15×
  The court held that the minority business enterprise (MBE) provision of the Public Works Employment Act of 1977 is a constitutionally valid exercise of congressional power to remedy past discrimination.
• State of Fla. ex rel. Abbott M. Herring v. Murdock
  345 So. 2d 759· Fla. 4th DCA· 1977-04-07 ·cited 15×
  The State Attorney sought injunctive relief against real estate sellers under Florida's consumer protection statute, claiming they engaged in false advertising. The court affirmed dismissal, holding that real estate transactions do not fall within the statutory definition of 'con
• Shaw v. Dolph Briscoe
  541 F.2d 489· 5th Cir.· 1976-10-29 ·cited 15×
  The court held that the inmates' claims regarding Texas parole procedures, including due process rights and the Governor's role, do not present a federal constitutional issue and were previously rejected.
• State OF Wyo. v. Hathaway
  525 F.2d 66· 10th Cir.· 1975-10-28 ·cited 15×
  The dissenting judge would affirm the trial court's decision.
• Smith v. United States Civil Serv. Comm'n
  520 F.2d 731· 7th Cir.· 1975-07-10 ·cited 15×
  The court held that the complaint was properly dismissed for lack of a substantial federal question and for failure to allege the jurisdictional amount, and that subsequent amendments to the Hatch Act rendered the case moot.
• The Nat'l Health Fed'n & Gustave E. Heidemann v. Caspar W. Weinberger
  518 F.2d 711· 7th Cir.· 1975-06-04 ·cited 15×
  The court held that the district court did not err in dismissing the complaint, but for different reasons, namely, that the suit should not have been entertained due to identical litigation pending in another forum.
• Fletcher v. Hous. Auth. OF Louisville
  491 F.2d 793· 6th Cir.· 1974-01-25 ·cited 15×
• Mobile Am. Corp., Inc. v. S. Bell Tel. & Tel. Co.
  282 So. 2d 181· Fla. 1st DCA· 1973-05-24 ·cited 15×
  Mobile America Corporation appealed the dismissal of its complaint against Southern Bell Telephone and Telegraph Company for inadequate telephone service. The court held that plaintiff could pursue a direct negligence action in court rather than exhaust administrative remedies be
• The City OF Daytona Beach v. Tona-Rama, Inc.
  271 So. 2d 765· Fla. 1st DCA· 1972-08-31 ·cited 15×
  The City of Daytona Beach and property owners appealed a summary judgment finding that the public acquired a prescriptive easement over soft sand beach area through continuous, open use for over 20 years, which prevented the issuance of a building permit for an observation tower.
• Nw. Airlines, Inc. v. Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  442 F.2d 244· 8th Cir.· 1970-11-25 ·cited 15×
  The court ordered the parties to submit the dispute regarding the union's right to instruct members to honor a sister union's picket lines to the System Adjustment Board for prompt resolution.
• Mass. State Pharm. Ass'n v. Fed. Prescription Serv., Inc.
  431 F.2d 130· 8th Cir.· 1970-08-13 ·cited 15×
  The court held that plaintiffs failed to establish the requisite $10,000 jurisdictional amount, either individually or through aggregation, to support federal jurisdiction.
• Lonnquist v. J. C. Penney Co.
  421 F.2d 597· 10th Cir.· 1970-01-23 ·cited 15×
  The court held that separate and distinct claims cannot be aggregated to meet the $10,000 jurisdictional amount requirement, and the total monetary impact on the defendant is not the controlling factor.
• R-C-B-S Corp. v. City OF Atl. Beach
  178 So. 2d 906· Fla. 1st DCA· 1965-09-21 ·cited 15×
  R-C-B-S Corporation appealed the dismissal of its complaint challenging the constitutionality of municipal property tax assessments on undeveloped land that the City of Atlantic Beach could not provide services to. The court held that the complaint stated a valid claim for declar