Injunctive Relief

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

• Orange Cnty. v. City OF Orlando
  327 So. 2d 7· Fla.· 1976-01-28 ·cited 14×
  The court held that quo warranto is an adequate remedy at law, precluding equitable relief for challenging annexation ordinances, unless the Attorney General refuses to allow quo warranto.
• Dupuy-Busching Gen. Agency, Inc. v. Ambassador Ins. Co.
  524 F.2d 1275· 5th Cir.· 1975-12-24 ·cited 14×
  A party seeking arbitration may assert its Section 4 right in the district where the opposing party filed suit to enjoin arbitration, even if that district differs from the contractually agreed-upon arbitration venue.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Carpenters 46 Cnty. Conf. Bd. v. The Constr. Indus. Stabilization Comm.
  522 F.2d 637· Temp. Emer. Ct. App.· 1975-07-31 ·cited 14×
  The court held that the case was moot because no actual controversy existed at the appellate stage after the expiration of the Economic Stabilization Act.
• City OF Dunedin v. Contractors & Builders Ass'n OF Pinellas Cnty.
  312 So. 2d 763· Fla. 2d DCA· 1975-04-30 ·cited 14×
  The City of Dunedin imposed connection fees for water and sewer systems to fund infrastructure expansion. The trial court invalidated the fees as an unauthorized tax, but the appellate court reversed, holding that municipalities may charge connection fees exceeding physical conne
• Bradley v. Hous. Auth. OF Kan. City
  512 F.2d 626· 8th Cir.· 1975-03-19 ·cited 14×
  The court held that the district court did not err in dismissing the action as moot because the claims of all named plaintiffs became moot before class certification.
• State OF Neb. v. Norbert T. Tiemann
  510 F.2d 446· 8th Cir.· 1975-01-28 ·cited 14×
  The denial of a temporary restraining order and preliminary injunction is affirmed because the state failed to demonstrate a substantial probability of success on the merits regarding the Administrator's decision to withhold federal highway funds.
• Petra Duran v. Wells
  307 So. 2d 259· Fla. 2d DCA· 1975-01-08 ·cited 14×
  A migrant worker arrested and convicted of obtaining lodging with intent to defraud challenged the constitutionality of the statute and sought damages and class relief. The appellate court affirmed dismissal of the declaratory judgment, injunction, and class action claims, holdin
• NOE v. Laurel True
  507 F.2d 9· 6th Cir.· 1974-12-05 ·cited 14×
  The court held that a single-judge district court erred in dismissing a complaint seeking to enjoin a state statute without convening a three-judge court, and also erred in failing to rule on the appointment of a guardian ad litem for the minor plaintiff.
• Stanton v. Bond
  504 F.2d 1246· 7th Cir.· 1974-10-30 ·cited 14×
  Failure of a state to comply with the Social Security Act's early and periodic screening, diagnosis, and treatment (EPSDT) provisions for persons under 21 justifies injunctive relief, and the sole remedy is not limited to reduction of federal payments.
• Jackson v. Lynn
  506 F.2d 233· D.C. Cir.· 1974-10-17 ·cited 14×
  The court held that the plaintiffs failed to state a cause of action for damages against the United States and that their claims for injunctive and declaratory relief were moot or otherwise unavailing under the Administrative Procedure Act.
• Rampey v. Walt Allen
  501 F.2d 1090· 10th Cir.· 1974-08-16 ·cited 14×
  The majority opinion reversed the trial court's decision, finding that the non-renewal of faculty contracts constituted a violation of First Amendment rights. The dissenting opinion argues against this conclusion.
• Natick Paperboard Corp. & Crown Paperboard Co., Inc. v. Caspar W. Weinberger
  498 F.2d 125· 1st Cir.· 1974-06-03 ·cited 14×
  The court held that while the district court lacked jurisdiction to enjoin administrative seizures, it did have jurisdiction to grant declaratory relief regarding the FDA's statutory authority.
• Wilson v. Weaver
  499 F.2d 155· 7th Cir.· 1974-05-09 ·cited 14×
  State policies denying AFDC benefits to unborn children and their mothers are invalid under the Supremacy Clause because the term 'dependent child' includes unborn children. However, retroactive relief is barred by the Eleventh Amendment.
• Fralin & Waldron, Inc. v. City OF Martinsville
  493 F.2d 481· 4th Cir.· 1974-02-25 ·cited 14×
  The court held that the district court did not err in abstaining from deciding the case, as special circumstances warranted allowing Virginia courts to address the state law issues first.
• Campaign Clean Water, Inc. v. Train
  489 F.2d 492· 4th Cir.· 1973-12-10 ·cited 14×
  The court held that while the Administrator has discretion in allotting funds, the exercise of that discretion is judicially reviewable to prevent frustration of legislative purpose. However, the court found the record insufficient to conclude the Administrator's actions were arb
• Kodekey Elecs., Inc. v. The Mechanex Corp.
  486 F.2d 449· 10th Cir.· 1973-10-11 ·cited 14×
  The court held that the defendant's actions constituted a breach of contract and unfair competition, and that the Statute of Frauds did not bar enforcement of the oral non-compete agreement.
• The Black Coal. v. Portland Sch. Dist. NO. 1
  484 F.2d 1040· 9th Cir.· 1973-09-25 ·cited 14×
  The court held that while brief student suspensions without a prior hearing are permissible, expulsion procedures must afford due process, including the right to counsel and cross-examination. The court affirmed the district court's finding that expulsion procedures were unconsti
• Irving v. Elliot H. Gray
  479 F.2d 20· 2d Cir.· 1973-06-01 ·cited 14×
  The IRS's jeopardy assessment and levy under I.R.C. § 6851 were proper, and the taxpayers are not entitled to injunctive relief because no deficiency was assessed and they have an adequate legal remedy.
• IDS Props., Inc. v. Town OF Palm Beach
  279 So. 2d 353· Fla. 4th DCA· 1973-05-30 ·cited 14×
  The Florida District Court of Appeal reversed the trial court's determination that Palm Beach's comprehensive zoning ordinance was validly enacted under the Government in the Sunshine Law, holding that the secret meetings of an advisory Citizens' Planning Committee violated the S
• ROY v. Jones
  484 F.2d 96· 3d Cir.· 1973-05-22 ·cited 14×
  The court affirmed the district court's dismissal, finding the case barred by res judicata, a ground different from the district court's abstention reasoning.
• Rojelio E. Rivera v. Toft
  477 F.2d 534· 10th Cir.· 1973-04-23 ·cited 14×
  The court held that the district court correctly dismissed the inmates' action because administrative remedies were not exhausted and the claims lacked merit.
• Brown v. The Hous. Auth. OF the City OF Milwaukee
  471 F.2d 63· 7th Cir.· 1972-12-08 ·cited 14×
  The court held that a HUD circular requiring a hearing before termination of tenancy for good cause is valid and binding on local housing authorities, and that state unlawful detainer procedures do not satisfy this requirement.
• Miles Christman v. Skinner
  468 F.2d 723· 2d Cir.· 1972-10-30 ·cited 14×
  The court held that the first, third, and fourth causes of action were improperly dismissed, and the case should be remanded for further proceedings.
• Natural Res. Def. Council, Inc. v. Tenn. Valley Auth. & Aubrey J. Wagner
  459 F.2d 255· 2d Cir.· 1972-03-27 ·cited 14×
  The court held that 28 U.S.C. § 1391(e) was not intended to apply to a locally based federal business corporation like TVA, but only to actions against federal officers or agencies that previously could only be brought in the District of Columbia.
• Mazhar Jalil v. Hampton
  460 F.2d 923· D.C. Cir.· 1972-03-08 ·cited 14×
  The dissenting judge would reverse the lower court's decision and hold both the Civil Service regulation and the Public Works Appropriation Act invalid.
• Santiago v. Corporacion de Renovacion Urbana Y Vivienda de Puerto RICO
  453 F.2d 794· 1st Cir.· 1972-01-05 ·cited 14×
  The court held that the dismissal of the complaint was erroneous because it was based on evidence presented solely for a temporary restraining order without proper notice, and disputed factual issues precluded summary judgment.
• Fed. Deposit Ins. Corp. v. Sumner Fin. Corp.
  451 F.2d 898· 5th Cir.· 1971-11-30 ·cited 14×
  The FDIC has the statutory authority to regulate advertisements of interest on deposits made by entities soliciting for insured nonmember banks, and it possesses the capacity to seek injunctive relief to enforce these regulations.
• Terminal Freight Coop. Ass'n & Terminal Freight Handling Co. v. Nat'l Labor Relations Bd.
  447 F.2d 1099· 3d Cir.· 1971-08-30 ·cited 14×
  The charging parties are not entitled to an evidentiary hearing on their objections to an informal settlement agreement because no complaint was issued by the General Counsel.
• Gould, Inc. v. Chafee
  450 F.2d 667· D.C. Cir.· 1971-06-30 ·cited 14×
  The court held that the district court's dismissal order was vacated because it lacked stated reasons and potentially rested on a doubtful legal premise, requiring remand for clarification or reconsideration.
• A. G. Schoonmaker Co., Inc. v. Resor
  445 F.2d 726· D.C. Cir.· 1971-06-23 ·cited 14×
• Terminal Freight Handling Co. v. Solien
  444 F.2d 699· 8th Cir.· 1971-06-18 ·cited 14×
  The court held that the Regional Director has a mandatory duty to petition for injunctive relief under § 10(l) of the NLRA once reasonable cause to believe a secondary boycott charge is true is found, subject to limited discretion regarding initial demands or insignificant violat
• Gordon v. Honorable Moon Landrieu
  442 F.2d 926· 5th Cir.· 1971-03-17 ·cited 14×
• Haywood Cash and Rennell Cash v. Swifton Land Corp.
  434 F.2d 569· 6th Cir.· 1970-12-04 ·cited 14×
  The court held that the district court erred in dismissing the damages claim as moot, but correctly found the complaint insufficient to state a class action.
• Appalachian Volunteers, Inc. v. Clark
  432 F.2d 530· 6th Cir.· 1970-09-11 ·cited 14×
  The court affirmed the district court's remand order and dismissal of the federal action, finding that removal under 28 U.S.C. § 1443 was limited to racial equality claims and that appellants failed to exhaust state remedies before seeking federal injunctive relief.
• Koen v. Long
  428 F.2d 876· 8th Cir.· 1970-06-30 ·cited 14×
  The appellate court affirmed the trial court's dismissal of the plaintiffs' petition for injunctive relief and declaration of unconstitutionality.
• Miller v. NEW York Stock Exch.
  425 F.2d 1074· 2d Cir.· 1970-01-02 ·cited 14×
  The court affirmed the district court's decision, finding the New York statute a reasonable exercise of state power and denying the request for a three-judge court.
• S. Hill Neighborhood Ass'n, Inc. v. Romney
  421 F.2d 454· 6th Cir.· 1969-11-24 ·cited 14×
  The court held that the plaintiffs lacked standing to sue because they had no direct or legally protected interest in the buildings in question, and thus the district court's dismissal of their complaint was proper.
• The City OF Homestead v. Schild
  227 So. 2d 540· Fla. 3d DCA· 1969-11-04 ·cited 14×
  A zoning ordinance provision allowing special use permits without sufficient legislative standards is invalid, and a permit granted under such an ordinance can be enjoined and cancelled.
• Lorine Watkins v. The Chicago Hous. Auth.
  406 F.2d 1234· 7th Cir.· 1969-02-05 ·cited 14×
• Schack v. Louie L. Wainwright
  391 F.2d 608· 5th Cir.· 1968-03-05 ·cited 14×
  The court held that prison authorities are not required to provide specific mail services like certified mail for inmate legal correspondence.
• Lewis v. Crawford Mosley
  204 So. 2d 197· Fla.· 1967-11-13 ·cited 14×
  Florida taxpayers challenged a school district's tax collection procedure that applied a voter-approved 10-mill rate to dramatically increased property assessments without taxpayer approval, effectively multiplying their tax burden. The Supreme Court held that this procedure viol
• Dickinson v. Geraci
  190 So. 2d 368· Fla. 2d DCA· 1966-09-30 ·cited 14×
  The Florida District Court of Appeal affirmed a circuit court order prohibiting the use of a uniform tax factor (1.818) to multiply existing Hillsborough County property assessments and instead requiring completion of a comprehensive reappraisal. The court held that applying a si
• Tyson v. Lt. Clarence J. Cazes
  363 F.2d 742· 5th Cir.· 1966-07-25 ·cited 14×
  The court held that the case is moot because the city ordinance requiring segregation has been repealed, and no other legal basis for the claim remains.
• Port Constr. Co. v. Gov't of the Virgin Islands
  359 F.2d 663· 3d Cir.· 1966-05-02 ·cited 14×
  The court held that the Virgin Islands gross receipts tax law was constitutional as applied and that the industrial incentive law validly excluded foreign corporations from tax exemptions.
• Abbott Labs. v. Celebrezze
  352 F.2d 286· 3d Cir.· 1965-11-01 ·cited 14×
  The court held that the district court lacked jurisdiction to review interpretive regulations under the Declaratory Judgment Act when Congress had not provided for such review and no actual case or controversy existed.
• Benoit v. Gardner
  351 F.2d 846· 1st Cir.· 1965-10-29 ·cited 14×
  The court held that the plaintiff's claims did not warrant the convening of a three-judge district court and that the complaint was properly dismissed on the merits.
• Pope v. Daggett
  350 F.2d 296· 10th Cir.· 1965-08-12 ·cited 14×
  The court held that it lacks the power to supervise the conduct of a federal penitentiary or its discipline, including control over prisoner mail.
• M & E Land Co. v. Siegel
  177 So. 2d 769· Fla. 1st DCA· 1965-08-10 ·cited 14×
  Siegel sought a declaratory judgment to clarify his right to enter defendants' property and retake possession of a leased movie screen tower after defendants defaulted on rental payments. The court reversed, holding that the complaint failed to allege a genuine doubt about the co
• United States v. Ward
  345 F.2d 857· 5th Cir.· 1965-05-25 ·cited 14×
  The court held that the district court erred in dismissing the State of Mississippi as a party, failing to find a pattern or practice of discrimination, and not granting 'freezing' relief. It also found the district court should have ordered the registration of certain Negro appl