Injunctive Relief

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

• SUN OIL Co. v. Burford
  130 F.2d 10· 5th Cir.· 1942-07-11 ·cited 12×
• Taxi-Cab Drivers Local Union NO. 889 OF Okla. City v. Yellow Cab Operating Co.
  123 F.2d 262· 10th Cir.· 1941-11-05 ·cited 12×
  The court held that peaceful picketing and publicizing a labor dispute, even if involving secondary pressure, is protected speech under the Norris-LaGuardia Act and the Constitution, and thus an injunction against such activities was improper.
• ÆOLIAN Co. v. Fischer
  29 F.2d 679· 2d Cir.· 1928-12-10 ·cited 12×
  The court reversed the denial of a preliminary injunction, holding that the actions of labor unions in boycotting and threatening strikes to prevent the installation of organs manufactured out of state constituted an unlawful restraint of interstate commerce under the Sherman Act
• Hogeboom v. Anderson
  70 Fla. 393· Fla.· 1915-11-19 ·cited 12×
  This case involves a dispute over land ownership and the right to build a wharf and privy. The appellate court affirmed the lower court's decision, finding that the complainants failed to prove their title to the disputed land.
• MYD Marine Distrib., Inc. v. Int'l Paint Ltd.
  187 So. 3d 1285· Fla. 4th DCA· 2016-04-13 ·cited 11×
  MYD Marine Distributor appealed awards of costs and attorney's fees to International Paint and other defendants after losing an antitrust lawsuit alleging price-fixing and conspiracy. The court affirmed, holding that an offer of judgment limited to monetary claims was enforceable
• OFF Lease Only, Inc. v. LeJEUNE Auto Wholesale, Inc.
  187 So. 3d 868· Fla. 3d DCA· 2016-02-24 ·cited 11×
  Off Lease Only, Inc. appealed from summary judgment in favor of Car Factory Outlet on its claim for injunctive relief under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA). The court reversed the summary judgment on the injunctive relief claim, holding that cessation
• Consumer Rights, LLC v. Union Cnty.
  159 So. 3d 882· Fla. 1st DCA· 2015-02-26 ·cited 11×
  Consumer Rights, LLC sought attorney fees under Florida's public records law after Union County delayed providing employee email addresses in response to a suspicious, anonymous email request. The court affirmed the denial of attorney fees, holding that the county's delay was not
• McCARTY v. Myers
  125 So. 3d 333· Fla. 1st DCA· 2013-10-23 ·cited 11×
  The court held that the Provider Plaintiffs lacked standing to bring an access-to-courts challenge because they did not allege a violation of their own constitutional rights, and their economic harm was insufficient to confer standing.
• Wendler v. City OF ST. Augustine
  108 So. 3d 1141· Fla. 5th DCA· 2013-03-15 ·cited 11×
  The Wendlers brought a Harris Act claim against St. Augustine seeking compensation for regulatory burdens on their historic properties after demolition permit denials. The trial court dismissed the action as untimely, but the Fifth DCA reversed, holding that the impact of the 200
• Alderwoods Grp., Inc. v. Reyvis Garcia
  682 F.3d 958· 11th Cir.· 2012-05-30 ·cited 11×
  A bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged in a bankruptcy case litigated in another federal district. The Debtors filed a complaint in the Florida Bankruptcy Court seeking a declaration that tort claims filed by the C
• Miami Ass'n OF Firefighters Local 587 of the Int'l Ass'n of Firefighters of Miami v. The City OF Miami
  87 So. 3d 93· Fla. 3d DCA· 2012-04-25 ·cited 11×
  The Miami Firefighters' Union challenged the City of Miami's unilateral modification of wages and benefits during an alleged financial emergency, claiming violations of collective bargaining rights and statutory procedures. The court affirmed dismissal on grounds that the Union m
• Zisser v. Florida Bar
  747 F. Supp. 2d 1303· M.D. Fla.· 2010-03-29 ·cited 11×
  The court held that Zisser's as-applied due process challenge to the Florida Bar's recertification denial was barred by the Rooker-Feldman doctrine, and her facial challenges failed for lack of a cognizable property or liberty interest.
• Whitby v. Infinity Radio, Inc.
  961 So. 2d 349· Fla. 4th DCA· 2007-06-06 ·cited 11×
  Elena Whitby appeals a trial court order enforcing a civil contempt sanction for violating an injunction based on a non-compete agreement in her former employment with radio station WEAT. The appellate court affirmed the $100,000 contempt fine, finding the trial court retained ju
• Polk Cnty. v. Mitchell
  931 So. 2d 922· Fla. 2d DCA· 2006-01-06 ·cited 11×
  Polk County appealed the denial of its request for a temporary injunction against James Mitchell for repeatedly posting unauthorized business signs in violation of county ordinances. The court reversed, holding that a complaint seeking injunctive relief need not specify the exact
• The City OF Kissimmee v. Fla. Retail Fed'n, Inc.
  915 So. 2d 205· Fla. 5th DCA· 2005-10-21 ·cited 11×
  The City of Kissimmee appealed a trial court judgment striking down its shopping cart retention ordinance as unconstitutional. The court reversed, holding that the ordinance does not conflict with Florida Statute § 506.5131(2) because it regulates cart retention on private proper
• Neighborhood Health P'ship, Inc. v. Kenneth Fischer, M.D.
  913 So. 2d 703· Fla. 3d DCA· 2005-10-19 ·cited 11×
  Neighborhood Health Partnership appeals a trial court's certification of a class action brought by Dr. Kenneth Fischer, alleging systematic underpayment of physician claims through "downcoding." The appellate court reverses the certification, holding that Dr. Fischer lacked stand
• Lewis Y. and Betty T. Ward v. Brown
  919 So. 2d 462· Fla. 1st DCA· 2005-06-17 ·cited 11×
  Appellants are equitable owners of their leasehold improvements and thus their property is not exempt from ad valorem property taxes.
• Crocker v. Marks
  856 So. 2d 1123· Fla. 4th DCA· 2003-10-22 ·cited 11×
  The court held that the complaint stated a cause of action and should not have been dismissed.
• The Fla. Senate v. Forman
  826 So. 2d 279· Fla.· 2002-09-05 ·cited 11×
  The Florida Senate challenged a circuit court's declaration that its legislative redistricting plan violated the state constitutional equal protection clause based on a political gerrymandering claim. The Florida Supreme Court reversed, holding that Marion County voters do not co
• Times Publ'g Co. v. City OF Clearwater
  830 So. 2d 844· Fla. 2d DCA· 2002-07-03 ·cited 11×
  Times Publishing Company sought to compel the City of Clearwater to release all emails stored on government computers belonging to two city employees, arguing they were public records by virtue of their storage location. The Florida District Court of Appeal affirmed the trial cou
• Winn-Dixie Stores, Inc. v. 99 Cent Stuff-Trail Plaza, LLC
  811 So. 2d 719· Fla. 3d DCA· 2002-02-20 ·cited 11×
  Winn-Dixie appeals a temporary injunction order against 99 Cent Stuff, arguing the relief was insufficient. The court reversed in part, holding that the lease's exclusivity provision prohibiting sale of "groceries" includes non-food household items like soap and paper napkins, an
• Duncan v. Kasim, Inc.
  810 So. 2d 968· Fla. 5th DCA· 2002-02-01 ·cited 11×
  Duncan appeals a summary judgment dismissing her claims against Kasim, Inc. for allegedly appropriating her personal property and fixtures from a bar she managed. The court reversed the dismissal of conversion and unjust enrichment claims, holding that these tort claims are indep
• Gerling Global Reinsurance Corp. OF Am. v. Gallagher
  267 F.3d 1228· 11th Cir.· 2001-10-02 ·cited 11×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that Florida's Holocaust Victims Insurance Act, as applied to the plaintiffs, violates the Due Process Clause of the Fourteenth Amendment. The court found that the Act's reporting provisions, wh
• Ass'n for Disabled Americans, Inc. v. Concorde Gaming Corp.
  158 F. Supp. 2d 1353· S.D. Fla.· 2001-08-20 ·cited 11×
  The court held that installing an elevator was not readily achievable and that alternative methods for restaurant service were sufficient under Title III of the ADA.
• Renee B. v. Fla. Agency FOR Health Care Admin.
  790 So. 2d 1036· Fla.· 2001-07-12 ·cited 11×
  The Florida Supreme Court held that the state's exclusion of medically necessary abortions from Medicaid coverage, except where pregnancy endangers the mother's life or results from rape or incest, does not violate the express right to privacy in the Florida Constitution. The cou
• Lyon v. Lake Cnty.
  765 So. 2d 785· Fla. 5th DCA· 2000-07-28 ·cited 11×
  Rodney Lyon appealed a bench trial judgment and summary judgment dismissing his claims that Lake County violated Florida's Sunshine Law and his equitable estoppel claim. The court affirmed, finding that the pre-TRC meetings were informal and informational in nature exempt from su
• CNA Fin. Corp. v. Brown
  162 F.3d 1334· 11th Cir.· 1998-12-22 ·cited 11×
  CNA Financial Corporation sought to enjoin Larry Brown and his corporation from using the "CNA" service mark, claiming trademark infringement and unfair competition under the Lanham Act. The district court denied the injunction because Brown's company had not yet used the mark in
• Recanzone v. The MAY Co.
  712 So. 2d 474· Fla. 4th DCA· 1998-07-01 ·cited 11×
  Circuit court erred in transferring consumer debt collection and unfair trade practice action to county court where equitable relief was sought, as circuit courts have concurrent jurisdiction over such actions regardless of monetary amount.
• Cent. Fla. Invs., Inc. v. Levin
  659 So. 2d 492· Fla. 5th DCA· 1995-09-01 ·cited 11×
  Trial court improperly dismissed with prejudice a complaint for negligent misrepresentation without allowing amendment; reversed and remanded to permit filing of amended complaint.
• Lurvey v. Metro. Dade Cnty.
  870 F. Supp. 1570· S.D. Fla.· 1994-10-07 ·cited 11×
  The court held that the bomb squad technicians' on-call time was not compensable overtime under the FLSA because the restrictions on their personal activities were not so onerous as to prevent them from using the time for their own benefit.
• Campbell v. Miller
  836 F. Supp. 827· M.D. Fla.· 1993-10-22 ·cited 11×
  The court held that the plaintiffs' allegations were sufficient to state claims under MSAWPA, FLSA, FICA, and FUTA, and that the complaint was not so vague as to require a more definite statement.
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Hughes v. United States
  953 F.2d 531· 9th Cir.· 1992-01-09 ·cited 11×
  The court held that the district court properly dismissed claims for injunctive and declaratory relief due to lack of subject matter jurisdiction under the Anti-Injunction Act and Declaratory Judgment Act, and properly granted summary judgment on damages claims.
• United States v. State OF Mich.
  940 F.2d 143· 6th Cir.· 1991-07-02 ·cited 11×
  The court held that it has appellate jurisdiction over the district court's modifications of the consent decree, including contempt citations and orders requiring disclosure of privileged information, as these are injunctive in nature and have serious consequences.
• City OF Melbourne v. Hess Realty Corp.
  575 So. 2d 774· Fla. 5th DCA· 1991-03-07 ·cited 11×
  The City of Melbourne appeals a circuit court decision that directed it to issue a conditional use permit to Hess Realty Corporation for gasoline pumps at a convenience store. The court reverses, holding that Hess lost the right to judicial review by failing to file a timely peti
• Geaneas v. Willets
  911 F.2d 579· 11th Cir.· 1990-09-10 ·cited 11×
  The court held that the Daytona Beach ordinance regulating nudity in establishments serving alcohol is a valid exercise of the city's powers under the Twenty-first Amendment and that the plaintiffs' claims of overbreadth, vagueness, and selective enforcement lack merit.
• The Ass'n FOR Child. FOR Enf't OF Support, Inc. v. Conger
  899 F.2d 1164· 11th Cir.· 1990-05-01 ·cited 11×
  The majority held that the complaint failed to establish ripeness, standing, and a claim for relief, as the alleged exclusion was by a third-party attorney and not directly ordered by the judge.
• Nordmark Presentations, Inc. v. Harman
  557 So. 2d 649· Fla. 2d DCA· 1990-02-28 ·cited 11×
  Three companies challenged a trial court's dismissal and quashing of service on a defendant for lack of personal jurisdiction in a breach of employment contract and noncompete case. The appellate court reversed, holding that the complaint's factual allegations were sufficient und
• Thompson-El v. Jones
  876 F.2d 66· 8th Cir.· 1989-06-01 ·cited 11×
  The court held that the trial court did not abuse its discretion in denying the appellant leave to file a second amended complaint, as the motion was untimely and would have caused undue delay and prejudice.
• Public Citizen v. Fed. Trade Comm'n
  869 F.2d 1541· D.C. Cir.· 1989-03-14 ·cited 11×
  The court held that public health organizations have standing to challenge the FTC's exemption of utilitarian items from smokeless tobacco warning requirements, and that the FTC's exemption was contrary to the Act's mandate.
• Glick v. Dr. F.M. Henderson
  855 F.2d 536· 8th Cir.· 1988-08-25 ·cited 11×
  The court concurred with the dismissal without prejudice, allowing for a new lawsuit to be filed.
• Sandcrest Outpatient Servs., P.A. v. Cumberland Cnty. Hosp. Sys., Inc.
  853 F.2d 1139· 4th Cir.· 1988-08-10 ·cited 11×
  The court held that the appellees were entitled to immunity from damages under the Local Government Antitrust Act of 1984, and that the district court did not abuse its discretion in staying discovery or denying leave to amend the complaint.
• Greensboro Lumber Co. v. Ga. Power Co.
  844 F.2d 1538· 11th Cir.· 1988-05-18 ·cited 11×
  The court held that the all-requirements contracts were immune from antitrust scrutiny, Greensboro lacked standing for certain PURPA claims, and other claims were properly dismissed or lacked merit.
• Juluke v. Hodel
  811 F.2d 1553· D.C. Cir.· 1987-02-17 ·cited 11×
• Telecomms. Research & Action Ctr. v. Allnet Commc'n Servs., Inc.
  806 F.2d 1093· D.C. Cir.· 1986-12-05 ·cited 11×
  The court does not decide the issue, but the concurring judge suggests a future per se rule against associational standing for damage claims absent statutory authorization.
• Lyon v. Otis R. Bowen, M.D.
  802 F.2d 794· 5th Cir.· 1986-10-17 ·cited 11×
  The court held that the regulation deeming withheld Social Security benefits as income for SSI purposes is not inconsistent with the Social Security Act and is a lawful exercise of the Secretary's authority.
• Homewood Prof'l Care Ctr., Ltd. v. Heckler
  764 F.2d 1242· 7th Cir.· 1985-06-12 ·cited 11×
  The court held that the district court correctly dismissed Homewood's complaint for lack of subject matter jurisdiction because Homewood failed to exhaust administrative remedies as required by 42 U.S.C. § 405(h).
• Sunshine State Serv. Corp. v. Dove Invs. OF Hillsborough
  468 So. 2d 281· Fla. 5th DCA· 1985-03-14 ·cited 11×
  Sunshine State Service Corporation challenged a circuit court's stay of state court proceedings in favor of a subsequently filed federal action by the respondents. The Florida appellate court quashed the stay, holding that the state court lacked authority to stay the first-filed
• Gibson v. Firestone
  741 F.2d 1268· 11th Cir.· 1984-08-28 ·cited 11×
  The federal court did not abuse its discretion in denying injunctive relief to compel the Secretary of State to disregard a Florida Supreme Court decision invalidating a proposed constitutional amendment.
• Dirt, Inc. v. Mobile Cnty. Comm'n
  739 F.2d 1562· 11th Cir.· 1984-08-27 ·cited 11×
  The court held that while the Act itself is facially valid, the county's administration of the Act violated appellants' procedural due process rights by failing to provide adequate notice of the permit denial hearing. However, claims of unconstitutional taking and vagueness were