Injunctive Relief

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

• Sierra Club v. Hodel
  544 F.2d 1036· 9th Cir.· 1976-10-26 ·cited 13×
  The court held that while the Bonneville Power Administration (BPA) adequately complied with NEPA regarding the contract and transmission line, it failed to prepare a sufficient environmental impact statement for the proposed magnesium plant itself.
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Kirk v. Baumann
  336 So. 2d 125· Fla. 2d DCA· 1976-07-09 ·cited 13×
  A notice of lis pendens cannot be filed without a prior court order if the action is not founded on a duly recorded instrument or mechanic's lien.
• Stanley v. Cont'l OIL Co.
  536 F.2d 914· 10th Cir.· 1976-06-23 ·cited 13×
  The court held that the district court did not err in dismissing the action for failure to prosecute and comply with court orders, as the plaintiff's conduct was dilatory and unjustifiable.
• Walker v. Indian River Cnty.
  319 So. 2d 596· Fla. 4th DCA· 1975-10-10 ·cited 13×
  A property owner challenges Indian River County's rezoning of his land from commercial (C-1) to residential (R-1), seeking to use the property for R-3 development. The court affirms the rezoning, holding it supported by competent evidence and the reasonable exercise of the county
• Robinson v. DOW
  522 F.2d 855· 6th Cir.· 1975-07-23 ·cited 13×
  The court held that the district court properly dismissed the complaint without convening a three-judge court because the appellant failed to exhaust administrative remedies.
• Coral BAY Prop. Owners Ass'n v. City OF Coral Gables
  305 So. 2d 853· Fla. 3d DCA· 1974-12-31 ·cited 13×
  The court held that the trial court erred in denying the property owners association's motion to intervene because the declaration of the school's rights could directly affect the association members' rights.
• Adamszewski v. Local Lodge 1487, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  496 F.2d 777· 7th Cir.· 1974-04-12 ·cited 13×
  The court held that a petition for rehearing based on a claimed misunderstanding of statutory coverage, when other grounds for the decision exist, should be denied. The court also clarified that dismissal without prejudice does not preclude future relief under various statutes.
• Sec. & Exch. Comm'n v. Advance Growth Cap. Corp.
  470 F.2d 40· 7th Cir.· 1972-11-13 ·cited 13×
  The court held that the trial court erred in finding that certain violations of the Investment Company Act were inadvertent and not disadvantageous, and that the omissions in annual reports were minor and unknowing.
• Armour & Co. v. Ball
  468 F.2d 76· 6th Cir.· 1972-10-13 ·cited 13×
  The court held that the Federal Wholesome Meat Act preempts state laws that impose marking, labeling, or ingredient requirements in addition to, or different than, those established by federal regulations, even if the state requirements are stricter.
• Davis v. Gronemeyer
  251 So. 2d 1· Fla.· 1971-07-12 ·cited 13×
  The Florida Supreme Court held that the Civil Service Board of Escambia County has standing to challenge ordinances repealing the statutory civil service system, and that the County Commission lacked constitutional authority to repeal a special act creating that system because no
• Cole v. Richardson
  397 U.S. 238· U.S.· 1970-03-16 ·cited 13×
• Yarnall Warehouse & Transfer, Inc. v. The Three Ivory Bros. Moving Co.
  226 So. 2d 887· Fla. 2d DCA· 1969-10-03 ·cited 13×
  Yarnall Warehouse & Transfer, Inc. sought to invalidate Allied Van Lines' approval of a branch agency for Michigan Ivory in Polk County, challenging the decision as ultra vires and discriminatory. The court upheld the board's decision under the business judgment rule, finding no
• Sproat v. Arnau
  213 So. 2d 692· Fla.· 1968-07-17 ·cited 13×
  John Sproat, a Deerfield Beach city commissioner, appealed a circuit court judgment denying injunctive relief to stop recall proceedings against him. The Florida Supreme Court upheld the constitutionality of a city charter provision allowing recall based solely on loss of public
• United States v. Barnett
  330 F.2d 369· 5th Cir.· 1963-04-09 ·cited 13×
  The Court of Appeals, being evenly divided, certifies a question to the Supreme Court regarding the right to a jury trial for criminal contempt charges arising from disobedience of a court order, where the acts also constitute a federal criminal offense.
• B & C Truck Leasing, Inc. v. Interstate Commerce Comm'n
  283 F.2d 163· 10th Cir.· 1960-09-26 ·cited 13×
  The dissenting judge would reverse the trial court's decision and dismiss the action.
• Gianinna Gallardo v. Mayhew
  963 F.3d 1167· 11th Cir.· 2020-06-26 ·cited 12×
  Gianinna Gallardo, a severely injured Medicaid recipient, challenged Florida's attempt to recover Medicaid payments from her personal injury settlement by seeking reimbursement from portions allocated to future medical expenses, not just past medical expenses. The Eleventh Circui
• People's Tr. Ins. Co. v. Valentin
  305 So. 3d 324· Fla. 3d DCA· 2020-04-01 ·cited 12×
  The appellate court reviewed a trial court's dismissal of an insurance company's complaint against its insured. The court affirmed the dismissal of breach of contract and injunctive relief claims but reversed the dismissal of specific performance and declaratory judgment claims,
• Access Ins. Planners, Inc. v. GEE
  175 So. 3d 921· Fla. 4th DCA· 2015-09-30 ·cited 12×
  In this breach of contract case, the Fourth District Court of Appeal held that a commission payment agreement between Gee and Access Insurance was a divisible contract, meaning the statute of limitations for each commission began running when Access received each individual commi
• Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc.
  173 So. 3d 1037· Fla. 2d DCA· 2015-07-15 ·cited 12×
  Unit owners appealed the denial of a mandatory injunction against their condominium association for failing to repair moisture intrusion through the building's floor slab. The appellate court reversed, holding that the owners satisfied all requirements for mandatory injunctive re
• Federico Torrealba Navas v. Brand
  130 So. 3d 766· Fla. 3d DCA· 2014-01-29 ·cited 12×
  The Third District Court of Appeal affirmed the trial court's denial of motions to dismiss for lack of jurisdiction and forum non conveniens filed by Costa Rican attorneys and their law firm. The court held that Florida courts could properly exercise jurisdiction over the defenda
• Stand UP FOR Animals, Inc. v. Monroe Cnty.
  69 So. 3d 1011· Fla. 3d DCA· 2011-09-14 ·cited 12×
  Stand Up for Animals, Inc. appealed from an order denying its motion to dissolve a prejudgment asset-freeze injunction freezing its bank accounts. The Florida District Court of Appeal reversed, holding that a prejudgment injunction freezing bank assets is impermissible where the
• Reynolds Am., Inc. v. Gero
  56 So. 3d 117· Fla. 3d DCA· 2011-03-09 ·cited 12×
  Reynolds American, Inc. and R.J. Reynolds Global Products, Inc. appealed orders denying their motions to dismiss for lack of personal jurisdiction in a misappropriation suit filed by Gabriel Gero in Florida. The court reversed, holding that insufficient jurisdictional facts exist
• Figueroa v. Merscorp, Inc.
  766 F. Supp. 2d 1305· S.D. Fla.· 2011-01-31 ·cited 12×
  The district court lacks subject matter jurisdiction over the plaintiff's claims because they are barred by the Rooker-Feldman doctrine, which prevents federal courts from reviewing state court judgments.
• Norkunas v. Seahorse NB, LLC
  720 F. Supp. 2d 1313· M.D. Fla.· 2010-06-16 ·cited 12×
  The court held that a plaintiff alleging ADA violations has standing if they demonstrate a real and immediate threat of future injury, even if they are a 'tester' and their plans to return are not highly specific.
• James Crystal Licenses, LLC v. Infinity Radio Inc.
  43 So. 3d 68· Fla. 4th DCA· 2010-05-19 ·cited 12×
  Elena Whitby and corporate defendants operating WRMF-FM appeal a judgment for breach of a non-compete covenant and tortious interference. The court reverses the $126,511.48 compensatory damages award and $2.3-6.9 million punitive damages award, finding insufficient evidence linki
• Hialeah Auto., LLC v. Basulto
  22 So. 3d 586· Fla. 3d DCA· 2009-01-28 ·cited 12×
  Hialeah Automotive appealed an order denying its motion to compel arbitration of fraud and FDUTPA claims brought by vehicle purchasers. The court affirmed in part and reversed in part, finding one arbitration agreement unconscionable but permitting arbitration of monetary claims
• M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc.
  6 So. 3d 627· Fla. 4th DCA· 2009-01-05 ·cited 12×
  M.I. Industries challenges an ex parte injunction freezing its bank accounts and assets pending litigation over alleged illegal land-flipping schemes involving a title insurance fund's member-agent. The court reverses, holding that injunctions freezing commingled bank accounts ar
• Stranahan House, Inc. v. City OF Fort Lauderdale
  967 So. 2d 427· Fla. 4th DCA· 2007-10-31 ·cited 12×
  Stranahan House, Inc. and Friends of the Park at Stranahan House appealed a trial court order dismissing their complaint seeking declaratory judgment and injunctive relief to challenge the City of Fort Lauderdale's approval of an alternative site plan for adjacent property. The F
• Fredman v. Fredman
  960 So. 2d 52· Fla. 2d DCA· 2007-06-20 ·cited 12×
  This case addresses whether Florida's parental relocation statute (section 61.13(2)(d)) is constitutional and whether the trial court properly denied a mother's request to relocate with her two children from Florida to Texas. The appellate court affirmed, holding that the statute
• Qantum Commc'ns Corp. v. Star Broad., Inc.
  473 F. Supp. 2d 1249· S.D. Fla.· 2007-02-09 ·cited 12×
  The court held that the defendants materially breached the agreement by negotiating with a competitor, rendering their termination invalid and entitling the plaintiff to specific performance, injunctive relief, and declaratory judgment.
• Henderson v. Crosby
  883 So. 2d 847· Fla. 1st DCA· 2004-08-24 ·cited 12×
  In this case of first impression, the Florida District Court of Appeal clarified that Article I, Section 21 of the Florida Constitution (the access-to-courts provision) provides broader protection than the federal constitutional right of access to courts, requiring the Department
• Dascott v. Palm Beach Cnty.
  877 So. 2d 8· Fla. 4th DCA· 2004-04-21 ·cited 12×
  The court reversed the trial court's summary judgment dismissing an employee's Sunshine Act challenge to her termination proceedings. The court held that both the pre-termination conference panel and the Grievance Committee exercised delegated decision-making authority and theref
• Env't Confederation OF Sw. Fla., Inc. v. State
  852 So. 2d 349· Fla. 1st DCA· 2003-08-14 ·cited 12×
  Environmental groups challenged a Florida statute as violating the single subject requirement of the Florida Constitution. The court dismissed the appeal as moot because the legislature reenacted the challenged statute as part of its biennial readoption process, which cured any c
• Passalacqua v. Naviant, Inc.
  844 So. 2d 792· Fla. 4th DCA· 2003-05-14 ·cited 12×
  In this appeal, the Fourth District Court of Appeal reversed a trial court's grant of a temporary injunction enforcing a non-compete agreement between Naviant, Inc. and two former employees, Nicholas Passalacqua and Matt Sechter. The court held that Naviant failed to demonstrate
• Soud v. Kendale, Inc.
  788 So. 2d 1051· Fla. 1st DCA· 2001-04-26 ·cited 12×
  The Florida First District Court of Appeal reversed a temporary injunction granted ex parte against the Jacksonville City Council, holding that the trial court failed to comply with Rule 1.610(a) of the Florida Rules of Civil Procedure, which requires certification of notice effo
• Villages AT Mango KEY Homeowners Ass'n, Inc. v. Hunter Dev., Inc.
  699 So. 2d 337· Fla. 5th DCA· 1997-09-26 ·cited 12×
  A summary judgment should not be entered when the opposing party has not had a reasonable opportunity to complete discovery.
• Kephart v. Hair Returns, Inc.
  685 So. 2d 959· Fla. 4th DCA· 1996-12-26 ·cited 12×
  Donna Kephart appeals a trial court's injunction enforcing a noncompete clause in her employment contract with Hair Returns. The court reverses, holding that under Florida law, a noncompete agreement may only restrict direct solicitation of customers, not the servicing of custome
• Smith v. Knight
  679 So. 2d 359· Fla. 4th DCA· 1996-09-11 ·cited 12×
  Smith appeals a temporary injunction issued ex parte by the trial court that enjoined him from competing with Knight's business. The Fourth District reversed, holding that Knight failed to satisfy the strict requirements for an ex parte temporary injunction because the alleged in
• Martin Cnty. v. Melvyn R. Yusem
  664 So. 2d 976· Fla. 4th DCA· 1995-08-30 ·cited 12×
  Martin County denied a landowner's request to amend the future land use map to increase residential density on 54 acres. The court held that the county's action was quasi-judicial rather than legislative, meaning it could only be reviewed by common law certiorari, not by the decl
• Derrick & Assocs. Pathology, P.A. v. Gary V. Kuehl, M.D.
  617 So. 2d 866· Fla. 5th DCA· 1993-05-07 ·cited 12×
  Derrick & Associates Pathology appeals a venue transfer order moving their four-count complaint against Dr. Kuehl from Orange County to Palm Beach County. The court reversed the transfer as to counts one and two (contract-based claims governed by an exclusive venue clause), but a
• Soc'y OF Separationists, Inc. v. Herman
  959 F.2d 1283· 5th Cir.· 1992-04-17 ·cited 12×
  The court held that O'Hair lacks standing to seek declaratory relief and the Society lacks standing to seek prospective relief for its members.
• City OF Fort Pierce v. Gloria and John H. Dickerson
  588 So. 2d 1080· Fla. 4th DCA· 1991-11-13 ·cited 12×
  The trial court lacked jurisdiction to grant a temporary injunction via a complaint for declaratory and injunctive relief when the underlying administrative decision was quasi-judicial and reviewable only by certiorari.
• Cargill v. Sunlight Foods
  586 So. 2d 366· Fla. 3d DCA· 1991-06-18 ·cited 12×
  Cargill appeals the trial court's denial of its motion to dissolve an injunction blocking payment on a letter of credit and to increase the injunction bond. The court reversed, holding that Sunlight failed to establish the requisite elements for injunctive relief and that the doc
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• DeGIDIO v. Pung
  920 F.2d 525· 8th Cir.· 1990-12-04 ·cited 12×
  The court held that a consistent pattern of negligent or reckless conduct can constitute deliberate indifference to serious medical needs under the Eighth Amendment, and that a district court has discretion to reduce attorney fees based on limited success.
• R.A. Street v. Fair
  918 F.2d 269· 1st Cir.· 1990-11-02 ·cited 12×
  The court held that the district court's sua sponte dismissal of the inmate's pro se complaint was precipitous and vacated the judgment.
• Guess v. Bethlehem Steel Corp.
  913 F.2d 463· 7th Cir.· 1990-09-20 ·cited 12×
  The court held that an employer's liability for coworker sexual harassment is based on a negligence standard, not strict liability, and that state law claims for intentional infliction of emotional distress and breach of contract were barred by Indiana's workers' compensation exc
• Greater Detroit Res. Recovery Auth. & Combustion Eng'g v. The United States Env't Prot. Agency
  916 F.2d 317· 6th Cir.· 1990-08-30 ·cited 12×
  The district court lacked subject matter jurisdiction over the underlying Clean Air Act action, and therefore could not award attorney's fees under the Equal Access to Justice Act.
• Gibson v. THE Fla. BAR & Members of the Bd. of Governors
  906 F.2d 624· 11th Cir.· 1990-07-23 ·cited 12×
  The court held that the Florida Bar's rule 2-9.3, which allows for an interest-bearing escrow account and a tripartite arbitration panel, generally satisfies constitutional requirements for handling objections to the use of compulsory dues for political lobbying. However, the rul