Injunctive Relief

8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Miller Mech., Inc. v. Ruth
  300 So. 2d 11· Fla.· 1974-07-10 ·cited 91×
  Where a trial court finds a non-compete agreement valid but unreasonable in scope, it should modify the agreement and grant an injunction, rather than awarding only nominal damages.
• Boire v. Int'l Bhd. OF Teamsters
  479 F.2d 778· 5th Cir.· 1973-05-08 ·cited 91×·via Injunction
  A temporary injunction under § 10(j) of the NLRA is appropriate when there is reasonable cause to believe unfair labor practices have occurred and equitable relief is necessary to preserve the Board's jurisdiction and the status quo, even if the legal theories are novel.
• Roark v. Lewis
  401 F.2d 425· D.C. Cir.· 1968-08-21 ·cited 91×
  The court agrees that the cases must be remanded for further findings of fact regarding the trustees' eligibility requirements and their interpretation.
• Sakolsky v. The City OF Coral Gables
  151 So. 2d 433· Fla.· 1963-02-20 ·cited 91×
  The Florida Supreme Court held that a municipality cannot rescind a lawfully issued building permit when the permittee has materially relied on it and incurred substantial expenses, unless the permit was invalid ab initio or actual pending litigation directly attacked its validit
• De Carlo v. Town of W. Miami
  49 So. 2d 596· Fla.· 1950-12-12 ·cited 91×
  The Florida Supreme Court held that a property owner must exhaust administrative remedies provided by a zoning ordinance before seeking injunctive relief in court. The court affirmed the dismissal of a lawsuit filed by a property owner challenging a zoning ordinance without first
• Sedima v. Imrex Co., Inc.
  741 F.2d 482· 2d Cir.· 1984-07-25 ·cited 90×
  The dissent argues that the majority erred in creating a requirement for a prior criminal conviction for predicate acts in civil RICO claims, as this is not supported by the statute or legislative history.
• The Stanford Daily v. Zurcher
  550 F.2d 464· 9th Cir.· 1977-02-02 ·cited 90×
  The court held that appellants are proper defendants and that good faith immunity does not apply to claims seeking injunctive relief. It also held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, revalidating the district court's attorney's fees
• Posey v. Wakulla Cnty.
  148 Fla. 115· Fla.· 1941-09-05 ·cited 90×·via Injunction
  Wakulla County taxpayers challenged two 1941 legislative acts authorizing the county to finance courthouse construction through certificates of indebtedness and a building tax. The Florida Supreme Court upheld the statutes and the county commissioners' resolution, finding the act
• Coral Springs St. Sys., Inc. v. City OF Sunrise
  371 F.3d 1320· 11th Cir.· 2004-06-07 ·cited 89×
  The Eleventh Circuit reversed the district court's grant of summary judgment in favor of Coral Springs Street Systems, Inc., which had challenged the City of Sunrise's sign ordinance as unconstitutional. The court held that the case was moot because the City had promptly amended
• Gomes v. Stevens
  548 So. 2d 1163· Fla. 2d DCA· 1989-08-18 ·cited 89×·via Injunction
  Susan Gomes, guardian of an incompetent woman, challenged a summary judgment declaring a promissory note and mortgage valid and awarding $46,000 to the defendants. The court reversed, holding that the defendants failed to establish as a matter of law that a benefit flowed to the
• E. AIR Lines, Inc. v. Dep't OF Revenue
  455 So. 2d 311· Fla.· 1984-06-14 ·cited 89×
  Eastern Air Lines challenged Florida's fuel tax law (Chapter 83-3) on constitutional grounds, arguing it violated equal protection, due process, the commerce clause, and involved improper delegation of legislative authority. The Florida Supreme Court upheld the law's constitution
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Sec. & Exch. Comm'n v. Gerson Blatt
  583 F.2d 1325· 5th Cir.· 1978-11-15 ·cited 89×·via Injunctive Relief Standards
• Sullivan v. Reubin O'D. Askew
  348 So. 2d 312· Fla.· 1977-06-30 ·cited 89×
  Three death row inmates challenged the Governor's clemency power, arguing that due process requires a hearing with minimal procedural protections before clemency can be denied. The Florida Supreme Court held that the clemency power is exclusively vested in the executive branch wi
• Bloomfield v. Mayo
  119 So. 2d 417· Fla. 1st DCA· 1960-04-12 ·cited 89×
  Bloomfield challenged the denial of pesticide registration by Florida's Commissioner of Agriculture. The court held that the Commissioner's denial was an administrative order, not quasi-judicial, and therefore not reviewable by certiorari alone; the declaratory relief action was
• The City of Winter Haven v. A. M. Klemm & Son
  132 Fla. 334· Fla.· 1938-04-05 ·cited 89×·via Injunction
  A taxpayer challenged municipal tax levies on his property, claiming it was never legally within the city limits of Winter Haven due to defects in the statute incorporating it. The Florida Supreme Court held that despite statutory defects, the city exercised de facto jurisdiction
• Am. Bakeries Co. v. City of Haines City
  131 Fla. 790· Fla.· 1938-03-16 ·cited 89×·via Injunction
  The Florida Supreme Court held that Chapter 18011, Acts of 1937, a general state licensing statute, suspended or superseded a municipal ordinance enacted under Haines City's charter power that imposed license taxes on trucks used for wholesale distribution. The court resolved a l
• Williams v. Dormany
  99 Fla. 496· Fla.· 1930-03-10 ·cited 89×·via Injunction
  The Florida Supreme Court partially reversed a permanent injunction against county commissioners and a cattle impounding officer, holding that while the underlying statute creating the impounding officer position was unconstitutional due to improper legislative notice and violati
• Commercial Fin. Co. v. Brooksville Hotel Co.
  98 Fla. 410· Fla.· 1929-09-17 ·cited 89×·via Injunction
  The Florida Supreme Court held that a refrigerator installed in a hotel did not become a fixture despite physical annexation to the building, and therefore remained the personal property of the seller under a conditional sale contract. The hotel company's attempt to enjoin the se
• Sec. & Exch. Comm'n v. Commonwealth Chem. Sec., Inc.
  574 F.2d 90· 2d Cir.· 1978-03-03 ·cited 88×
  The court held that the district court erred in denying a jury trial for claims seeking monetary damages, but affirmed the denial of a jury trial for equitable claims like injunctions and disgorgement. The court also found insufficient evidence to support findings of market manip
• Hyland Lewis Barnett v. W. T. Grant Co.
  518 F.2d 543· 4th Cir.· 1975-06-12 ·cited 88×
  The court held that while the plaintiff's individual claim of discrimination was not supported by the facts, the class action was improperly narrowed by the district court and should encompass a broader group of black employees affected by discriminatory practices.
• State Plant Bd. v. Walter A. Smith and wife
  110 So. 2d 401· Fla.· 1959-03-25 ·cited 88×
  The Florida Supreme Court reviewed the validity of a 1957 statutory amendment authorizing the State Plant Board to conduct a compulsory 'pull and treat' program to eradicate a citrus disease (spreading decline). The court held that while the police power authorizes the program, d
• Am. Hosp. Supply Corp. & Am. v. Mueller
  780 F.2d 589· 7th Cir.· 1986-01-02 ·cited 87×·via Injunction
  The court affirmed the preliminary injunction, finding that the distributor demonstrated a threat of irreparable harm due to the supplier's insolvency and that the district court properly balanced the harms.
• Gurule v. Wilson
  635 F.2d 782· 10th Cir.· 1980-12-01 ·cited 87×
  The court held that a judgment is not final until attorneys fees are addressed, making the second amended judgment the final appealable order. The court also reinstated class certification and affirmed the order for defendants to comply with their own regulations.
• Halderman v. Pennhurst State Sch. & Hosp.
  612 F.2d 84· 3d Cir.· 1979-12-13 ·cited 87×
  The dissent argues that federal statutes and Pennsylvania law do not mandate a right to treatment in the least restrictive environment, and therefore, federal courts should not impose such obligations.
• Dep't OF Legal Affairs v. Rogers
  329 So. 2d 257· Fla.· 1976-02-25 ·cited 87×·via Injunction
  Florida's Deceptive and Unfair Trade Practices Act (Sections 501.204 and 501.205) challenged as unconstitutionally vague and an unlawful delegation of legislative authority. The Florida Supreme Court upheld the statute's constitutionality and reversed the trial court's dismissal,
• Natural Res. Def. Council, Inc. v. Callaway
  524 F.2d 79· 2d Cir.· 1975-09-09 ·cited 87×
  The dissenting judge would affirm the lower court's decision regarding the adequacy of the Environmental Impact Statement (EIS) and reverse the majority's grant of injunctive relief.
• Gonzales v. Cassidy
  474 F.2d 67· 5th Cir.· 1973-02-15 ·cited 87×·via Injunction
  The court held that a class representative's failure to appeal a judgment denying retroactive relief to the class renders their representation inadequate, thus precluding res judicata effect on absent class members.
• Green v. Bd. OF Elections OF the City OF NEW York
  380 F.2d 445· 2d Cir.· 1967-06-13 ·cited 87×
  The court held that New York statutes disenfranchising convicted felons do not violate the U.S. Constitution, and the plaintiff's claim lacked a substantial federal question.
• Renpak, Inc. v. Oppenheimer
  104 So. 2d 642· Fla. 2d DCA· 1958-08-01 ·cited 87×
  Renpak, a wholesaler of hotel supplies, sought injunctive relief against former officers and employees who formed a competing business. The court affirmed the chancellor's dismissal, holding that absent a non-compete agreement, trade secret misappropriation, or unfair competition
• Henderson v. Antonacci
  62 So. 2d 5· Fla.· 1952-12-19 ·cited 87×·via Injunction
  Used car dealers challenged the constitutionality of Florida's amended Sunday closing laws (Sections 855.01 and 855.02) as applied to their business. The Florida Supreme Court held the 1951 amendments unconstitutional because the exemptions for various businesses bore no rational
• Holland v. Burlington Indus., Inc.
  772 F.2d 1140· 4th Cir.· 1985-09-03 ·cited 86×
  A severance pay policy is an employee welfare benefit plan covered by ERISA, and ERISA preempts state law claims related to such plans. The denial of severance pay was not arbitrary and capricious.
• Dep't OF Legal Affairs v. Sanford-Orlando Kennel Club, Inc.
  434 So. 2d 879· Fla.· 1983-04-14 ·cited 86×·via Injunction
  The Florida Supreme Court reversed the lower courts' invalidation of a 1980 law permitting financially ailing harness racing tracks to convert to dog racing. The Court held that the statute was a valid general law despite being enacted with knowledge that it would benefit Seminol
• Admiral Theatre Corp. v. The Douglas Theatre Co.
  585 F.2d 877· 8th Cir.· 1978-10-18 ·cited 86×
  The court held that the plaintiffs failed to present sufficient evidence to support a jury verdict for antitrust violations against the distributor-defendants or to show that the district court erred in granting summary judgment for Central States.
• MacKey v. Nat'l Football League
  543 F.2d 606· 8th Cir.· 1976-10-18 ·cited 86×
  The court held that the Rozelle Rule, as implemented, does not qualify for the labor exemption and violates Section 1 of the Sherman Act, but per se illegality is inappropriate due to the unique nature of professional football.
• Rubylee Davis v. Romney
  490 F.2d 1360· 3d Cir.· 1974-01-14 ·cited 86×
  The court held that plaintiffs have standing to sue for injunctive and declaratory relief under the National Housing Act and that the district court had jurisdiction under 28 U.S.C. § 1337. However, the injunction granted was too broad and must be vacated.
• Sands v. Louie L. Wainwright
  491 F.2d 417· 5th Cir.· 1973-12-26 ·cited 86×
• LEA v. Cone Mills Corp.
  438 F.2d 86· 4th Cir.· 1971-01-29 ·cited 86×
  The court held that the district court did not abuse its discretion in refusing to award attorney fees to plaintiffs due to special circumstances, and that the Newman v. Piggie Park holding regarding attorney fees in Title II actions does not automatically apply to Title VII acti
• Mut. Shares Corp. v. Genesco, Inc.
  384 F.2d 540· 2d Cir.· 1967-08-14 ·cited 86×
  The court held that plaintiffs lacked standing to dictate corporate policy or compel other stockholders to refrain from selling their shares.
• Bradley v. The Sch. Bd. OF the City OF Richmond
  345 F.2d 310· 4th Cir.· 1965-04-07 ·cited 86×·via Injunction
• Schleman v. Conn. Gen. Life Ins. Co.
  151 Fla. 96· Fla.· 1942-07-10 ·cited 86×·via Injunction
  A Florida taxpayer challenged an allegedly fraudulent property assessment at 300% of full cash value. The court held that a taxpayer may obtain relief for gross overassessment without proving discrimination against other taxpayers, reversing the prior rule requiring comparative v
• State v. Rose
  123 Fla. 544· Fla.· 1936-03-30 ·cited 86×·via Injunction
  This mandamus proceeding challenges the State Racing Commission's rule requiring American Kennel Club registration for greyhound racing. The Florida Supreme Court holds that mandamus cannot compel an administrative board to adopt a particular rule, as that would improperly substi
• Consol. Land Co. v. Tyler
  88 Fla. 14· Fla.· 1924-05-15 ·cited 86×·via Injunction
  Florida Supreme Court held that while the legislature has broad authority to create special tax districts for public improvements, a district's formation must have a substantial and rational relation to benefits that will accrue to the taxed property. Where a district arbitrarily
• Amendments to the Fla. Fam. Law Rules of Procedure & Fam. Law Forms
  810 So. 2d 1· Fla.· 2000-09-21 ·cited 85×·via Injunction
  The Florida Supreme Court approved amendments to the Florida Family Law Rules of Procedure and Family Law Forms, with particular emphasis on creating separate domestic and repeat violence injunction forms for cases involving and not involving children, adding clarifying language
• Gaines v. Haughton
  645 F.2d 761· 9th Cir.· 1981-05-18 ·cited 85×
  The court held that a special litigation committee's good faith decision to terminate derivative claims is dispositive, and that shareholders who did not rely on allegedly misleading proxy solicitations lack standing for a direct § 14(a) claim.
• Piambino v. Bailey
  610 F.2d 1306· 5th Cir.· 1980-02-06 ·cited 85×
  The court held that summary judgment declaring Bestline's distributorships to be securities was improvidently entered.
• Operation Rescue v. Women's Health Ctr., Inc.
  626 So. 2d 664· Fla.· 1993-10-28 ·cited 84×·via Injunction
  Operation Rescue challenged an amended permanent injunction restricting its anti-abortion demonstrations outside a medical clinic and near employees' homes. The Florida Supreme Court upheld the injunction, holding that content-neutral, narrowly tailored restrictions on the time,
• Wirtz v. Jones
  340 F.2d 901· 5th Cir.· 1965-01-25 ·cited 84×
  The court held that actions brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act to enjoin withholding of minimum wages and overtime compensation are equitable in nature and do not carry a right to a jury trial.
• Webb v. Scott
  129 Fla. 111· Fla.· 1936-12-22 ·cited 84×·via Injunction
  Property owners challenged a paving assessment and certificate against their lot as unconstitutional and as an invalid special assessment that did not account for actual benefits received. The court upheld the assessment on estoppel grounds, finding that prior owners had signed t
• Martin v. Albee
  93 Fla. 941· Fla.· 1927-04-26 ·cited 84×·via Injunction
  Martin appeals the dismissal of his bill for specific performance of a land purchase option agreement with the defendants Albee & Nash. The Florida Supreme Court reverses, holding that Martin's allegations of readiness and willingness to perform, combined with the defendants' rep