Injunctive Relief

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

• The Nat'l Bank OF Tampa v. Green
  175 So. 2d 545· Fla. 1st DCA· 1965-05-20 ·cited 15×
  The National Bank of Tampa challenged the State Banking Commissioner's decision to issue a charter for a competing bank located one mile away. The court held that while the Commissioner's discretion in approving bank charters is not absolute and subject to judicial review, the pl
• Dieter Hulsenbusch v. The Davidson Rubber Co., Inc.
  344 F.2d 730· 8th Cir.· 1965-04-21 ·cited 15×
  The court held that the district court had jurisdiction and that the restrictive covenant in the employment contract was enforceable, upholding the injunction against the defendant.
• Blank v. Town OF Lake Clarke Shores
  161 So. 2d 683· Fla. 2d DCA· 1964-02-28 ·cited 15×
  Property owners challenged a municipal zoning ordinance that restricted their property to single-family residential use despite its greater value for commercial purposes. The court affirmed the ordinance as constitutionally valid, holding that municipalities may maintain resident
• Farbenfabriken Bayer A.G. v. Sterling Drug, Inc.
  307 F.2d 210· 3d Cir.· 1962-08-09 ·cited 15×
  The court held that the defendant acquired absolute rights to the exclusive use of the trademarks through its purchase of Bayer's assets from the Alien Property Custodian, and thus its exercise of those rights did not violate antitrust laws.
• Cafeteria & Rest. Workers Union, Local 473, AFL-CIO v. McELROY
  284 F.2d 173· D.C. Cir.· 1960-04-14 ·cited 15×
  The court held that a privately employed worker's access to government property is a privilege that can be withdrawn by those in charge of the property without a hearing, confrontation, or cross-examination. The court also affirmed its authority to rehear cases en banc to correct
• Page v. Niagara Chem. Div. of Food Mach. & Chem. Corp.
  68 So. 2d 382· Fla.· 1953-11-20 ·cited 15×
  Railroad employees sued to enjoin a nearby chemical manufacturer from emitting dangerous dusts and gases into their workplace. The Florida Supreme Court affirmed dismissal of the complaint, holding that employees lack sufficient property interest to pursue private nuisance claims
• Cold Metal Process Co. v. United Eng'g & Foundry Co.
  190 F.2d 217· 3d Cir.· 1951-06-08 ·cited 15×
  The court held that the lower court erred in dismissing the counterclaim as not ancillary, and remanded the case for reconsideration of all issues.
• Purcell v. Summers
  145 F.2d 979· 4th Cir.· 1944-11-13 ·cited 15×
  The court held that seceding members of a church cannot use the name of the original church to create a rival organization, as this constitutes unfair competition and causes irreparable harm.
• Bowles v. MAY Hardwood Co.
  140 F.2d 914· 6th Cir.· 1944-02-25 ·cited 15×
  The court held that the revocation of a specific price ceiling does not render a suit for injunctive relief moot if the underlying statute and broader regulatory scheme remain in effect and past violations indicate a likelihood of future related violations.
• AA Suncoast Chiropractic Clinic, P.A. v. Progressive Am. Ins. Co.
  938 F.3d 1170· 11th Cir.· 2019-09-12 ·cited 14×
• Blue Star Palms, LLC v. LED Tr., LLC
  128 So. 3d 36· Fla. 3d DCA· 2012-10-24 ·cited 14×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens because the plaintiffs failed to establish a fair nexus between their claims and the condominium units.
• Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel
  48 So. 3d 957· Fla. 4th DCA· 2010-12-01 ·cited 14×
  HRH, an insurance broker, appeals the trial court's dissolution of a temporary injunction against former employee Grimmel, who violated a non-piracy clause by soliciting HRH's customers after starting a competing firm. The court reversed, holding that HRH established a legitimate
• Dany Katz Gilbert and Lawrence Gilbert v. Fla. Power & Light Co.
  981 So. 2d 609· Fla. 4th DCA· 2008-05-14 ·cited 14×
  The Gilberts appealed multiple orders regarding their dispute with Florida Power & Light Company over a noisy transformer on FPL's easement. The court affirmed orders requiring the Gilberts to pay for the transformer's removal under FPL's tariff, reversed the denial of their moti
• Watters v. Wachovia Bank
  550 U.S. 1· U.S.· 2007-04-17 ·cited 14×
  The Court holds that federal law preempts state laws regulating mortgage lending activities of national bank operating subsidiaries.
• State v. Commerce Commercial Leasing, LLC
  946 So. 2d 1253· Fla. 1st DCA· 2007-01-26 ·cited 14×
  The Florida Attorney General appealed the dismissal of its complaint against leasing companies under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), alleging the companies participated in a scheme involving overpriced equipment rentals to small businesses. The cour
• Hobbs v. Weinkauf
  940 So. 2d 1151· Fla. 2d DCA· 2006-08-25 ·cited 14×
  The court held that a condominium association's failure to maintain individual accounting records for each unit, as required by statute, constitutes a harm for which injunctive relief is authorized, and an involuntary dismissal of such a claim is improper if a prima facie case is
• Autonation, Inc. v. O'Brien
  347 F. Supp. 2d 1299· S.D. Fla.· 2004-12-02 ·cited 14×
  The court granted AutoNation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding the non-compete agreement.
• Agan v. Katzman & Korr, P.A.
  328 F. Supp. 2d 1363· S.D. Fla.· 2004-07-16 ·cited 14×
  The court held that pre-billing worksheets attached to a complaint are not subject to a motion to strike under Fed.R.Evid. 408 and Fla. Stat. § 90.408 because they are otherwise discoverable and/or offered for a purpose other than proving liability.
• City OF Indian Rocks Beach v. Tomalo
  834 So. 2d 341· Fla. 2d DCA· 2003-01-08 ·cited 14×
  The City of Indian Rocks Beach challenged a circuit court order that enforced a prior certiorari decision by directing the City to remove a dock or ensure its removal. The appellate court reversed, holding that the circuit court lacked authority to issue an injunction that was ne
• Fla. High Sch. Activities Ass'n, Inc. v. Marsonek
  805 So. 2d 868· Fla. 2d DCA· 2001-09-14 ·cited 14×
  The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
• The Fla. High Sch. Activities Ass'n v. Alena Kartenovich
  749 So. 2d 1290· Fla. 3d DCA· 2000-02-24 ·cited 14×
  The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
• Fla. Pub. Emps. Council 79 v. Dep't OF Child. & Families & Jeb Bush
  745 So. 2d 487· Fla. 1st DCA· 1999-11-22 ·cited 14×
  Public employee appellants challenged the retroactive application of Chapter 435's criminal background screening provisions to their employment, arguing the statute was unconstitutional as applied and facially unconstitutional. The court reversed the dismissal of their facial con
• Halifax Hosp. Med. Ctr. v. News-Journal Corp.
  724 So. 2d 567· Fla.· 1999-01-21 ·cited 14×
  Halifax Hospital Medical Center challenged a Florida statute exempting public hospital board meetings discussing strategic plans from public disclosure requirements. The Florida Supreme Court held that the statutory exemption was facially unconstitutional because it was overbroad
• Dep't OF Health v. Curry
  722 So. 2d 874· Fla. 1st DCA· 1998-11-20 ·cited 14×
  The Department of Health challenged a trial court decision requiring it to grant a religious exemption from mandatory school immunizations based on a parent's written objection. The court held that Florida's immunization statute unambiguously entitles parents to exemptions upon w
• DI Paola v. Beach Terrace Ass'n, Inc.
  718 So. 2d 1275· Fla. 2d DCA· 1998-10-14 ·cited 14×
  The court reversed an order awarding attorney's fees to a condominium association and its directors, finding that the unit owners were prevailing parties entitled to fees and that the offer of judgment did not preclude their recovery.
• Laganella v. Boca Grove Golf & Tennis Club, Inc.
  690 So. 2d 705· Fla. 4th DCA· 1997-04-02 ·cited 14×
  A homeowner and mandatory social club member challenged his golf club's smoking ban as violating the community's protective covenants, seeking declaratory relief, injunctive relief, and damages. The appellate court reversed the trial court's dismissal of the declaratory relief cl
• Matthews v. Weinberg
  645 So. 2d 487· Fla. 2d DCA· 1994-09-30 ·cited 14×
  Two women challenged HRS's denial of a foster parent license based on alleged unwritten policies against unmarried couples and homosexuals. The court reversed without reaching constitutional questions, holding that HRS lacked authority to enforce policies of general applicability
• Leisure Founders, Inc. v. CUC Int'l, Inc.
  833 F. Supp. 1562· S.D. Fla.· 1993-08-31 ·cited 14×
  The court held that the complaint sufficiently alleged fraud in connection with the purchase or sale of securities under Section 10(b) and Rule 10b-5, and denied the motion to dismiss these claims.
• Nebraska v. Wyoming
  507 U.S. 584· U.S.· 1993-04-20 ·cited 14×
  The Court held that the Inland Lakes have a December 6, 1904, priority date and that temporary storage in Guernsey and Glendo Reservoirs is protected. For claims seeking modification of the decree, a showing of substantial injury is required.
• Rajiv Chandra, M.D. v. Gopal Gadodia, M.D.
  610 So. 2d 15· Fla. 5th DCA· 1992-11-20 ·cited 14×
  Chandra sought enforcement of noncompetition agreements against two former employees who resigned after only five to six months of employment. The trial court denied the preliminary injunction based on a 1990 statutory amendment requiring proof of irreparable injury and reasonabl
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• FAR W. Fed. Bank v. Dir., Off. OF Thrift Supervision
  951 F.2d 1093· 9th Cir.· 1991-12-17 ·cited 14×
  The court held that the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) superseded inconsistent provisions in the prior conversion agreement between Far West Federal Bank and the Federal Home Loan Bank Board regarding capital requirements and loan limits.
• Equal Emp. Opportunity Comm'n v. J.M. Huber Corp.
  927 F.2d 1322· 5th Cir.· 1991-04-09 ·cited 14×
  The court held that the district court erred in granting summary judgment for the EEOC because the employer presented a legitimate, non-retaliatory business reason for withholding benefits, and the EEOC failed to prove this reason was a pretext or unrelated to a legitimate busine
• Kesl, Inc. v. Racquet Club OF Deer Creek II Condo., Inc.
  574 So. 2d 251· Fla. 4th DCA· 1991-02-06 ·cited 14×
  Kesl, Inc., owner of an adjacent tennis and swimming club, seeks to enforce a Club Membership Agreement against a condominium association, requiring the association to collect membership dues from unit owners. The trial court dismissed the complaint for failure to state a cause o
• Hall v. City OF Orlando
  555 So. 2d 963· Fla. 5th DCA· 1990-01-25 ·cited 14×
  Hall appeals the denial of a temporary injunction to prevent the City of Orlando from expanding drainage through an easement on his property. The court reversed, finding that Hall satisfied all requirements for a temporary injunction because the City's drainage expansion would ca
• Hydrostorage, Inc. v. N. Cal. Boilermakers Local Joint Apprenticeship Comm.
  891 F.2d 719· 9th Cir.· 1989-12-06 ·cited 14×
  The court held that the district court had subject matter jurisdiction under 28 U.S.C. § 1331 and that the administrative order was preempted by ERISA because the apprenticeship standards and fund constituted an employee welfare benefit plan.
• Morales-Feliciano v. Parole Bd. OF The Commonwealth OF Puerto RICO
  887 F.2d 1· 1st Cir.· 1989-09-26 ·cited 14×
  The court held that the district court's August 1988 order increasing sanctions for prison overcrowding was appealable and lawful.
• Feit v. Ward
  886 F.2d 848· 7th Cir.· 1989-09-26 ·cited 14×
  A Bivens remedy is unavailable to federal employees for constitutional violations when Congress has established a comprehensive remedial scheme, such as the CSRA, even if that scheme does not provide complete relief.
• Fla. Mining & Materials Corp. v. Standard Gypsum Corp.
  550 So. 2d 47· Fla. 2d DCA· 1989-08-23 ·cited 14×
  A contract addendum's language was insufficient to grant a seller consequential damages for loss of business, as limited by the Uniform Commercial Code.
• Or. Natural Res. Council v. Lyng
  882 F.2d 1417· 9th Cir.· 1989-07-21 ·cited 14×
• Int'l Bhd. OF Teamsters v. Sw. Airlines Co.
  875 F.2d 1129· 5th Cir.· 1989-06-22 ·cited 14×
  The court should not allow parties to keep a dispute alive solely to obtain a judicial interpretation of a contract, especially when the original contract has expired and a new one exists.
• Ripplinger v. Collins
  868 F.2d 1043· 9th Cir.· 1989-02-24 ·cited 14×
  The court held that the Arizona obscenity statute's definition of 'appeal to the prurient interest' is constitutional, as it focuses on the material's capacity to appeal to a shameful or morbid interest, not on whether it actually arouses the average person. The cable television
• Gladden v. Randy W. Roach (Officer)
  864 F.2d 1196· 5th Cir.· 1989-02-08 ·cited 14×
  The court held that biographical questions during booking are not interrogation under the Fifth Amendment and that a plaintiff must demonstrate a real threat of future harm to have standing for injunctive relief. The court also affirmed the denial of a goading interrogatory as un
• W. Martin Haskell, M.D. v. Wash. Twp.
  864 F.2d 1266· 6th Cir.· 1988-12-20 ·cited 14×
  The court held that the defendants waived their statute of limitations defense by failing to raise it in their initial responsive pleading. The court also found that the district court's rulings on standing were conflicting and that the Rule 41(b) dismissal was subject to a clear
• Gillespie v. Crawford
  858 F.2d 1101· 5th Cir.· 1988-11-02 ·cited 14×
  The court concurred in the dismissal of Gillespie's claims for equitable and declaratory relief on grounds of mootness.
• Air Line Pilots Ass'n v. E. AIR Lines, Inc.
  863 F.2d 891· D.C. Cir.· 1988-09-30 ·cited 14×
  The dissenting judges argue that the panel's decision improperly disregarded the district court's factual findings, misapplied labor law by transplanting the Wright Line test from the NLRA to the RLA context for large-scale corporate restructurings, and created a conflict with ot
• The State OF Alaska v. Native Vill. OF Venetie
  856 F.2d 1384· 9th Cir.· 1988-09-09 ·cited 14×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the balance of hardships and public interest favored the appellees, and serious questions were raised regarding the appellants' tribal status and jurisdiction to tax.
• Cedrick Holmes v. Fisher
  854 F.2d 229· 7th Cir.· 1988-08-09 ·cited 14×
  An order denying injunctive relief is immediately appealable under 28 U.S.C. § 1292(a)(1) even if a request for damages remains pending, and a plaintiff whose personal claim is moot at the time of filing cannot represent a class seeking equitable relief.
• Howard Gault Co. v. Tex. Rural Legal AID, Inc.
  848 F.2d 544· 5th Cir.· 1988-06-30 ·cited 14×
• Hassine v. Jeffes
  846 F.2d 169· 3d Cir.· 1988-04-29 ·cited 14×
  The court held that while the district court's findings on individual Eighth Amendment claims were not clearly erroneous, its denial of class certification was improper because the named plaintiffs adequately represented the class.