Injunctive Relief

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

• Zamaroni v. Philpott
  346 F.2d 365· 7th Cir.· 1965-05-21 ·cited 14×
  The court held that federal courts lack jurisdiction to enjoin the use of evidence in tax deficiency proceedings, as such actions are barred by statute.
• Hammond v. The Univ. OF Tampa
  344 F.2d 951· 5th Cir.· 1965-05-06 ·cited 14×
  The court held that the University's involvement with city land and buildings constituted state action, but injunctive relief was no longer necessary due to the University's policy change.
• Gaines v. Dougherty Cnty. Bd. OF Educ.
  334 F.2d 983· 5th Cir.· 1964-07-31 ·cited 14×
  The dissenting judge believes the majority erred by issuing an injunction and a detailed operational plan for the school system without sufficient factual basis or hearing.
• Buckley v. Wirtz
  326 F.2d 838· 10th Cir.· 1964-01-20 ·cited 14×
  The trial court erred in believing its discretion was limited by a prior violation, thus compelling an injunction.
• Stiller v. Hardman
  324 F.2d 626· 2d Cir.· 1963-11-20 ·cited 14×
  A federal judgment awarding both money damages and an injunction is registrable for the money damages portion but not the injunctive portion under 28 U.S.C. § 1963.
• Alford v. Finch
  155 So. 2d 790· Fla.· 1963-06-28 ·cited 14×
  The Florida Supreme Court held that the Game and Fresh Water Fish Commission violated landowners' constitutional rights by prohibiting hunting on their private property without compensation, even though the Commission has broad authority to regulate game and establish refuges on
• RED TOP Sedan Serv., Inc. v. S & J Transp., Inc.
  150 So. 2d 450· Fla. 3d DCA· 1963-02-26 ·cited 14×
  Red Top Sedan Service and Miami Beach Air Transport challenged a trial court's injunction prohibiting their airport transportation operations in Dade County. The appellate court affirmed, holding that the concession contract violated Florida law by designating entire municipaliti
• Day-Brite Lighting, Inc. v. Sta-Brite Fluorescent Mfg. Co.
  308 F.2d 377· 5th Cir.· 1962-09-18 ·cited 14×
  The court held that the plaintiff proved copyright infringement for one catalogue sheet and reversed and remanded for further proceedings on trademark infringement claims, finding they were not fully developed below.
• Bridgeport Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd. & Quaker City Fed. Sav. & Loan Ass'n
  307 F.2d 580· 3d Cir.· 1962-08-01 ·cited 14×
  The court held that the Federal Home Loan Bank Board's procedures, including the non-disclosure of confidential information and limited scope of hearing, were permissible in approving a branch office application.
• Beery v. The Plastridge Agency, Inc.
  142 So. 2d 332· Fla. 2d DCA· 1962-06-13 ·cited 14×
  Beery and Brown challenge a trial court's denial of their motion to dismiss a complaint seeking injunctive relief to enforce non-compete covenants in their employment contracts with an insurance agency. The court holds that a liquidated damages clause in a non-compete agreement d
• Lane v. Reubin J. Clein
  137 So. 2d 15· Fla. 3d DCA· 1962-02-01 ·cited 14×
  In this interlocutory appeal, a Florida appellate court affirmed the dissolution of a temporary injunction that had restrained defendants from making derogatory statements about plaintiff's business. The court found no abuse of discretion by the trial judge in dissolving the inju
• Morton Briskin v. White
  296 F.2d 132· 9th Cir.· 1961-11-29 ·cited 14×
  The court held that the bankruptcy court did not abuse its discretion in denying injunctive relief to the bankrupt, as he had not exhausted his remedies in the state courts.
• Borg-Warner Corp. v. York-Shipley, Inc.
  293 F.2d 88· 7th Cir.· 1961-07-26 ·cited 14×
  The court held that while the defendant established prior rights and secondary meaning in the YORK mark for heating products, the plaintiff's extensive delay in objecting constituted laches, barring injunctive relief for certain uses. The damages awarded were also improper due to
• Goldberg v. Kickapoo Prairie Broad. Co., Inc.
  288 F.2d 778· 8th Cir.· 1961-04-05 ·cited 14×
  The court held that the trial court abused its discretion in denying an injunction for Fair Labor Standards Act violations, as the violations were knowing and systemic, and that the Secretary failed to prove the specific employee's claim for unpaid overtime due to unreliable evid
• Seven-Up Co. v. O-So-Grape Co.
  283 F.2d 103· 7th Cir.· 1960-10-12 ·cited 14×
  The court held that prolonged and inexcusable delay, coupled with acquiescence in the defendant's use of a trademark, can bar injunctive relief even if laches does not strictly bar all claims. The trial court correctly dismissed the complaint.
• Covington v. Edwards
  264 F.2d 780· 4th Cir.· 1959-03-19 ·cited 14×
  The court held that the plaintiffs failed to exhaust their administrative remedies under North Carolina law before seeking federal injunctive relief for school desegregation.
• Mitchell v. Robert de Mario Jewelry, Inc.
  260 F.2d 929· 5th Cir.· 1958-11-07 ·cited 14×
  The court held that the district court lacked the statutory authority to order restitution of lost wages for wrongfully discharged employees under Section 17 of the Fair Labor Standards Act, even when granting an injunction for reinstatement.
• Madden v. Int'l Org. OF Masters & Pilots, Inc., AFL-CIO
  259 F.2d 297· 7th Cir.· 1958-10-02 ·cited 14×
  The court held that the National Labor Relations Board's failure to comply with its own procedural rules in conducting a preliminary investigation was grounds for dismissing its petition for injunctive relief.
• Nat'l Council OF American-Soviet Friendship, Inc. v. Brownell
  243 F.2d 222· D.C. Cir.· 1957-02-28 ·cited 14×
  The court held that appellants' failure to exhaust prescribed administrative remedies barred judicial relief, even if they believed the designation process was flawed.
• The Atchison v. City OF Chicago
  240 F.2d 930· 7th Cir.· 1957-01-17 ·cited 14×
  A city ordinance that requires consent to prosecute a business, rather than merely regulating its operation, is an invalid obstruction of interstate commerce.
• Nashville Milk Co. v. Carnation Co.
  238 F.2d 86· 7th Cir.· 1956-11-01 ·cited 14×
  A private party cannot maintain an action for treble damages or injunctive relief for a violation of Section 3 of the Robinson-Patman Act.
• Bd. of Supervisors of La. State Univ. & Agric. & Mech. Coll. v. Tureaud
  228 F.2d 895· 5th Cir.· 1956-01-06 ·cited 14×
  The court held that its prior order granting a rehearing and setting aside an affirmance was erroneous, and reinstated the original order affirming the district court's decision.
• George J. Waldie Towing Co., Inc. v. Ricca
  227 F.2d 900· 2d Cir.· 1955-12-09 ·cited 14×
  A single claimant is not barred from pursuing a claim in another tribunal if they agree to reserve all limitation of liability questions for the admiralty court.
• Webb's City v. Bell Bakeries, Inc.
  226 F.2d 700· 5th Cir.· 1955-11-09 ·cited 14×
  A plaintiff is not entitled to exclusive use of a trade name with secondary meaning if customer confusion between products is not proven or likely.
• Muscardin v. Brownell
  227 F.2d 31· D.C. Cir.· 1955-10-13 ·cited 14×
  The court held that the District Court had jurisdiction to review administrative deportation orders, even if issued before the Immigration and Nationality Act of 1952, provided the complaints for review were filed after its effective date.
• Speed Prods. Co., Inc. v. Tinnerman Prods., Inc.
  222 F.2d 61· 2d Cir.· 1955-04-15 ·cited 14×
  The court held that the trial court properly interpreted the scope of remand and that Tinnerman's res judicata arguments were without merit, affirming both judgments.
• Am. INS. Co. v. Lester
  214 F.2d 578· 4th Cir.· 1954-07-23 ·cited 14×
  The court held that diversity jurisdiction existed because the primary controversy was between all plaintiffs and all defendants, not among the plaintiffs themselves, and that the district court had the discretion to enjoin state court actions.
• Hotel & Rest. Emps. & Bartenders Union v. Boca Raton Club, Inc.
  73 So. 2d 867· Fla.· 1954-07-06 ·cited 14×
  A Florida Supreme Court decision addressing whether a labor union and individual employees could obtain equitable relief against a hotel employer for alleged unfair labor practices, including using company housing to coerce employees during a labor dispute. The court held that wh
• Embassy Dairy, Inc. v. Camalier
  211 F.2d 41· D.C. Cir.· 1954-02-11 ·cited 14×
  The court held that the dismissal of the suit was error because the complaint stated a case for equitable relief within the District Court's jurisdiction.
• ALL Am. Airways, Inc. v. Vill. of Cedar-Hurst
  201 F.2d 273· 2d Cir.· 1953-01-07 ·cited 14×
  The court held that there is a substantial question regarding the ordinance's validity against federal supremacy, and thus the injunction against its enforcement should be continued pending trial.
• United States v. Hosteen Tse-Kesi
  191 F.2d 518· 10th Cir.· 1951-08-30 ·cited 14×
  A court has jurisdiction to hear an injunction case and should not refuse to exercise it based on enforcement difficulties or inability to provide alternative housing for defendants.
• Brotherhood of Locomotive Firemen and Enginemen v. Mitchell
  190 F.2d 308· 5th Cir.· 1951-07-11 ·cited 14×
  The court held that the union's duty to fairly represent employees is continuous, thus injunctive relief is not barred by the statute of limitations, but damages for past actions are limited by the one-year statute of limitations.
• Miller et ux. v. United States
  186 F.2d 937· 5th Cir.· 1951-01-10 ·cited 14×
  The court held that restitution for rental overcharges could be ordered even after rent control terminated, and that the amended Housing and Rent Act allowed recovery of damages for pre-Act overcharges.
• City of Miami v. Sutton
  181 F.2d 644· 5th Cir.· 1950-04-25 ·cited 14×
  The court held that the trial court erred in granting an injunction and denying the motion to dismiss because the plaintiffs failed to demonstrate the imminence of enforcement and irreparable injury required for equitable relief against a municipal ordinance.
• Bowles v. Quon
  154 F.2d 72· 9th Cir.· 1946-03-12 ·cited 14×
  The court held that the trial court abused its discretion by denying an injunction when the facts found supported its issuance, as an injunction ensures compliance without undue hardship.
• Champion Spark Plug Co. v. Reich
  121 F.2d 769· 8th Cir.· 1941-07-23 ·cited 14×
  The court held that while a defendant's abandonment of infringing practices in good faith may preclude injunctive relief for those specific practices, the use of a manufacturer's trademark on significantly altered goods constitutes infringement and unfair competition, requiring i
• Stacie Weisman & Mktg. & Mgmt. v. S. Wine & Spirits of Am., Inc.
  297 So. 3d 646· Fla. 4th DCA· 2020-05-13 ·cited 13×
  Weisman and her employer MMS appealed summary judgments in favor of her former employer on tortious interference and conspiracy claims arising from the former employer's memorandum to retailers refusing to do business with Weisman or MMS. The court affirmed the summary judgment,
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• State v. Beach BLVD Auto., Inc.
  139 So. 3d 380· Fla. 1st DCA· 2014-05-19 ·cited 13×
  The Florida Attorney General appealed the dismissal of its amended complaint alleging unfair and deceptive trade practices by an automobile dealership and related parties. The First District Court of Appeal affirmed dismissal of some counts but reversed dismissal of most counts,
• Wyndham Vacation Resorts, Inc. v. Timeshares Direct, Inc.
  123 So. 3d 1149· Fla. 5th DCA· 2012-09-07 ·cited 13×
  Wyndham appeals a summary judgment dismissing its FDUTPA claim for injunctive relief against Timeshares Direct, which used stolen owner contact information to solicit Wyndham's timeshare customers. The court reversed, holding that injunctive relief under FDUTPA is available to pr
• Paron Cap. Mgmt. v. Crombie
  2012 WL 2045857· Del. Ch.· 2012-08-02 ·cited 13×
  The Court denied the Defendant's motions to alter or amend the judgment and for a stay of execution, and granted the Plaintiffs' request for attorneys' fees. The court found no manifest injustice, no newly discoverable evidence, and no misapprehension of material facts to warrant
• City OF Orlando & Lasercraft, Inc. v. Udowychenko
  98 So. 3d 589· Fla. 5th DCA· 2012-07-06 ·cited 13×
  The City of Orlando's red light camera ordinance was invalidated as preempted by Florida state law. The Fifth District Court of Appeal affirmed the trial court's judgment in favor of Udowychenko, finding that enforcement of traffic signal violations through automated cameras conf
• Ball v. D'Lites Enters., Inc.
  65 So. 3d 637· Fla. 4th DCA· 2011-07-27 ·cited 13×
  Licensees of a frozen dietary ice cream product company appealed the dismissal of their defamation claims based on the litigation privilege. The court held that statements made on a party's commercial website are not protected by the litigation privilege, even if related to pendi
• Lawnwood Med. Ctr., Inc. v. Anil Desai, M.D.
  54 So. 3d 1027· Fla. 4th DCA· 2011-01-26 ·cited 13×
  A hospital appeals a temporary injunction granted to a physician whose medical staff privileges were not reappointed. The court held that Florida Statute § 395.0191 grants hospitals immunity from injunctive relief in reappointment disputes absent intentional fraud, which the phys
• Richardson v. Tricom Pictures & Prods., Inc.
  334 F. Supp. 2d 1303· S.D. Fla.· 2004-08-24 ·cited 13×
  The court held that plaintiff is entitled to back pay from her termination at Tricorn until her termination from WLRN due to failure to mitigate, and for the period thereafter until trial, as mitigation was not disproven for subsequent employment.
• Leon Cnty. v. G.J. Gluesenkamp, Jr.
  873 So. 2d 460· Fla. 1st DCA· 2004-05-10 ·cited 13×
  Leon County appeals a trial court judgment awarding damages to property owners for breach of a Development Agreement and temporary taking of property. The court reverses, holding that a court-ordered injunction excused the County's contractual obligation to issue permits and that
• Mitchel Kalmanson v. Lockett
  848 So. 2d 374· Fla. 5th DCA· 2003-05-23 ·cited 13×
  Mitchel Kalmanson sued Judge Jerry T. Lockett for damages and injunctive relief based on alleged threats and verbal orders issued by the judge via telephone after the judge had recused himself from Kalmanson's dissolution of marriage case. The court affirmed the dismissal based o
• Seminole Ent., Inc. v. City OF Casselberry
  813 So. 2d 186· Fla. 5th DCA· 2002-03-22 ·cited 13×
  Seminole Entertainment, Inc. (Rachel's) petitioned for a writ of certiorari to overturn the circuit court's affirmance of the city of Casselberry's revocation of its adult entertainment license based on allegations of drug sales, prostitution, and prohibited sexual activities on
• Host Marriott Tollroads, Inc. v. Petrol Enters., Inc.
  810 So. 2d 1086· Fla. 4th DCA· 2002-03-20 ·cited 13×
  Host Marriott Tollroads, Inc. appeals the trial court's denial of its motion to dismiss or change venue in a dispute with Petrol Enterprises over gasoline supply services. The Fourth District Court of Appeal reversed, holding that Host properly raised the improper venue defense i