Injunctive Relief

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

• The City OF Miami v. Staats
  919 So. 2d 485· Fla. 3d DCA· 2005-11-09 ·cited 10×
  The City of Miami appealed a trial court order declaring unconstitutional a city resolution placing a nonbinding straw ballot question on a special election ballot. The court affirmed, finding the ballot language was misleading and failed to adequately disclose that the question
• Aucilla Area Solid Waste Administration v. Madison Cnty.
  890 So. 2d 415· Fla. 1st DCA· 2004-12-23 ·cited 10×
  The court held that an amendment to an interlocal agreement authorizing out-of-region waste acceptance was void ab initio because it lacked the specific approval required by a provision governing waste acceptance, even though a general amendment provision was followed.
• Depaola v. The Town OF Davie
  872 So. 2d 377· Fla. 4th DCA· 2004-04-28 ·cited 10×
  Leonard DePaola appeals the dismissal of his wrongful termination complaint against the Town of Davie, alleging violation of his constitutional due process rights. The appellate court reversed, holding that DePaola had a protected property interest in his employment and that his
• Brother v. CPL Invs., Inc.
  317 F. Supp. 2d 1358· S.D. Fla.· 2004-03-22 ·cited 10×
  Plaintiffs lack standing to sue for ADA violations concerning barriers they were unaware of or which were unrelated to their specific disabilities. One plaintiff also lacked standing due to speculative injuries and a non-credible claim of intent to patronize the hotel.
• City OF Miami v. Wellman
  875 So. 2d 635· Fla. 3d DCA· 2004-02-04 ·cited 10×
  The City of Miami's Vehicle Impoundment Ordinance is preempted by the Florida Contraband Forfeiture Act because impoundment functions as forfeiture and must comply with the state statute's comprehensive procedures and protections for innocent owners. The court affirmed the trial
• Fla. Water Servs. Corp. v. Hannah M. "Nancy" Robinson
  856 So. 2d 1035· Fla. 5th DCA· 2003-08-08 ·cited 10×
  Florida Water Services Corporation sought a writ of prohibition to prevent the Hernando County Board of Commissioners from considering its well permit applications, claiming the Board had an institutional conflict of interest because it intended to condemn Florida Water's assets.
• Inyo Cnty. v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony
  538 U.S. 701· U.S.· 2003-05-19 ·cited 10×
  A Native American tribe is a 'person' who may sue under 42 U. S. C. § 1983, but the tribe's complaint did not state a cause of action because its claim rested on judge-made tribal immunity, not a constitutional right.
• SUN Cruz Casinos, L.L.C. v. City OF Hollywood
  844 So. 2d 681· Fla. 4th DCA· 2003-04-23 ·cited 10×
  The court held that a municipality can be estopped from enforcing its zoning code based on its prior affirmative conduct, representations, and the party's detrimental reliance, but estoppel does not apply to a significantly larger, unapproved vessel.
• Info. Tech. & Eng'g Corp. v. Bart Reno
  813 So. 2d 1053· Fla. 4th DCA· 2002-04-17 ·cited 10×
  ITE appealed a non-final order compelling arbitration of five of six counts in its complaint against former employees Reno and Rhodes for breach of employment agreement, misappropriation of trade secrets, civil theft, and tortious interference. The court affirmed the arbitration
• Jacksonville Elec. Auth. v. Clay Cnty. Util. Auth.
  802 So. 2d 1190· Fla. 1st DCA· 2002-01-04 ·cited 10×
  Jacksonville Electric Authority appeals the denial of its motion to dismiss based on home venue privilege in a dispute with Clay County Utility Authority over water and wastewater service rights. The court reversed the trial court's denial of the motion but certified a question t
• Ari Miller v. Mendez
  804 So. 2d 1243· Fla.· 2001-12-20 ·cited 10×
  The Florida Supreme Court resolved a conflict between district courts on whether judicial candidates must meet residency requirements at the time they file their oath of candidacy or at the time they assume office. The Court held that residency requirements refer to the time of a
• Publix Supermarkets, Inc. v. Zarkia T. Frazier
  696 So. 2d 1369· Fla. 4th DCA· 1997-07-30 ·cited 10×
  Publix Supermarkets challenged a trial court order requiring it to preserve a forklift and allow inspection based on a respondent's pre-suit petition. The Fourth District Court of Appeal held that the petition was not authorized under Florida rules and vacated the order, finding
• Miller v. Jacobs & Goodman, P.A.
  699 So. 2d 729· Fla. 5th DCA· 1997-07-25 ·cited 10×
  Miller and Rand, departing associates from law firm Jacobs & Goodman, challenged the enforceability of their employment agreements requiring them to pay 75% of client fees if clients followed them to their new firm. The court upheld the validity of such fee-splitting agreements b
• Silver Express Co. v. The Dist. Bd. OF Lower Tribunal Trs. OF Miami-Dade Cmty. Coll.
  691 So. 2d 1099· Fla. 3d DCA· 1997-03-19 ·cited 10×
  Silver Express Company appealed the denial of a temporary injunction seeking to block Miami-Dade Community College from awarding a contract to Husta International Aviation after the College's purchasing committee evaluated proposals in a closed meeting. The court reversed the den
• Harry K. Singletary as Sec'y of the Fla. Dep't of Corr. v. Costello
  665 So. 2d 1099· Fla. 4th DCA· 1996-01-03 ·cited 10×
  A Florida appellate court affirmed a temporary injunction protecting an incarcerated prisoner's constitutional right to refuse medical treatment during a self-imposed hunger strike, holding that the Department of Corrections failed to demonstrate compelling state interests suffic
• Barber v. Wonderland Greyhound Park
  656 So. 2d 961· Fla. 5th DCA· 1995-06-23 ·cited 10×
  Raymond Barber appealed a trial court's order denying his motion for summary judgment, arguing the court also denied his request for injunctive relief. The Fifth District Court of Appeal dismissed the appeal for lack of jurisdiction because the trial court never actually consider
• Dolphins Plus, Inc. v. Hobdy
  650 So. 2d 213· Fla. 3d DCA· 1995-02-15 ·cited 10×
  The court held that a fence erected in a boat basin for rehabilitating marine mammals violates plat restrictions requiring the basin to be used for docking or mooring boats.
• Bd. OF Regents OF the State OF Fla. v. Petr Taborsky
  648 So. 2d 748· Fla. 2d DCA· 1994-09-14 ·cited 10×
  The Board of Regents of the University of South Florida appealed a trial court's denial of injunctive relief and summary judgment in a civil action against Petr Taborsky, who had been criminally convicted of stealing proprietary research notebooks containing trade secrets. The co
• Cafe 207, Inc. v. St. Johns Cnty.
  856 F. Supp. 641· M.D. Fla.· 1994-06-23 ·cited 10×
  The St. Johns County Public Nudity Ordinance is constitutional and does not violate the First or Fourteenth Amendments.
• S. Lake Worth Inlet Dist. v. Town OF Ocean Ridge
  633 So. 2d 79· Fla. 4th DCA· 1994-02-23 ·cited 10×
  The Fourth District Court of Appeal reversed a trial court judgment that ordered the South Lake Worth Inlet District and Palm Beach County to restore Ocean Ridge's beaches and modify inlet operations allegedly causing erosion. The court held that the Florida Department of Natural
• The Hillhaven Corp. v. Dep't OF Health & Rehabilitative Servs.
  625 So. 2d 1299· Fla. 1st DCA· 1993-11-01 ·cited 10×
  Florida nursing homes challenged administrative rules that froze their Medicaid reimbursement rates, arguing the rules were an invalid exercise of delegated legislative authority because they implemented a statute (Section 216.221) that the Florida Supreme Court had previously de
• Miller v. Maxwell's Int'l Inc.
  991 F.2d 583· 9th Cir.· 1993-04-19 ·cited 10×
  The court held that individual employees can be held liable under the ADEA if they participated in discriminatory termination decisions.
• Northcutt v. Orlando Utils. Comm'n
  614 So. 2d 612· Fla. 5th DCA· 1993-02-19 ·cited 10×
  The Fifth District Court of Appeal affirmed that the Orlando Utilities Commission's Indian River Plant, located in Brevard County but supplying electricity primarily to Orange County residents, qualifies for constitutional tax exemption as municipally owned property used for muni
• LEE Cnty. Elec. Coop., Inc. v. Cook
  604 So. 2d 911· Fla. 2d DCA· 1992-09-04 ·cited 10×
  The court held that the trial court improperly entered a preliminary injunction prematurely, bypassing required procedures and granting relief beyond that requested.
• Prudential-Bache Sec., Inc. v. Fitch
  966 F.2d 981· 5th Cir.· 1992-07-24 ·cited 10×
  The court held that the Federal Arbitration Act does not create independent federal question jurisdiction, and a petition to compel arbitration must independently establish federal jurisdiction based on the petition's face, not the underlying dispute.
• Emerald Acres Invs., Inc. v. The Bd. OF Cnty. Comm'rs OF Leon Cnty.
  601 So. 2d 577· Fla. 1st DCA· 1992-05-18 ·cited 10×
  Emerald Acres Investments sought judicial review of a county planning commission's denial of a subdivision plat application. The court affirmed the dismissal of the petition, holding that the developer failed to comply with the statutory requirement under Florida Statute § 163.32
• Modern Health Care Servs., Inc. v. John M. Puglisi, M.D.
  597 So. 2d 930· Fla. 3d DCA· 1992-04-28 ·cited 10×
  Modern Health Care Services appealed a circuit court order requiring it to continue monthly payments to Dr. Puglisi pursuant to an asset purchase agreement. The Third District Court of Appeal reversed, holding that the circuit court lacked jurisdiction because the payment dispute
• Emp. Benefit Plans, Inc. v. Radice Corporate Ctr. I, Inc.
  593 So. 2d 1125· Fla. 4th DCA· 1992-02-05 ·cited 10×
  Employee Benefit Plans, Inc. (EBP) appealed the denial of its motion to dissolve a temporary injunction issued by Radice Corporate Center I, Inc., the owner of an office building where EBP administered health benefit plans. The Fourth District Court of Appeal reversed, holding th
• Black v. Rouse
  587 So. 2d 1359· Fla. 4th DCA· 1991-09-25 ·cited 10×
  Norman Black, an inmate, appealed the dismissal of his Section 1983 civil rights action against Florida Department of Corrections officials, claiming violations of his Eighth, First, and Fourteenth Amendment rights. The court affirmed the dismissal of certain claims, reversed the
• Penthouse Int'l, Ltd. v. Meese
  939 F.2d 1011· D.C. Cir.· 1991-07-19 ·cited 10×
  The court affirmed the district court's grant of summary judgment, holding that the Commission's actions did not violate Penthouse's First Amendment rights and that the claims for equitable relief were moot.
• Scarbrough v. Meeks
  582 So. 2d 95· Fla. 1st DCA· 1991-06-26 ·cited 10×
  John Scarbrough appeals a permanent injunction entered against him by the trial court, claiming violation of due process rights and improper denial of his motion to dismiss. The appellate court affirmed that the complaint states a cause of action for injunctive relief but reverse
• Ferris J. Alexander & U.S. Video, Inc. v. The City OF Minneapolis
  928 F.2d 278· 8th Cir.· 1991-03-18 ·cited 10×
  The court held that U.S. Video lacked standing to challenge the ordinance for vagueness, and that the ordinance did not violate the First Amendment as applied to Alexander's theaters because reasonable relocation alternatives existed.
• Pac. Merch. Shipping Ass'n v. Aubry
  918 F.2d 1409· 9th Cir.· 1990-11-13 ·cited 10×
  State overtime wage laws are preempted by federal admiralty law and the Fair Labor Standards Act (FLSA) when applied to maritime employees working on the high seas.
• The Rector v. The City OF NEW York & the Landmarks Pres. Comm'n of the City of N.Y.
  914 F.2d 348· 2d Cir.· 1990-09-12 ·cited 10×
  The court held that New York City's Landmarks Law, as applied to the Church's Community House, does not impose an unconstitutional burden on the free exercise of religion or effect a taking of property without just compensation, as the Church failed to prove it could not continue
• Lafonda Fay Foster v. Kassulke
  898 F.2d 1144· 6th Cir.· 1990-03-22 ·cited 10×
  Federal courts must abstain from intervening in pending state criminal proceedings, even on appeal, unless extraordinary circumstances exist.
• Park Lane Condo. Ass'n, Inc. v. Corazon DePADUA
  558 So. 2d 85· Fla. 1st DCA· 1990-02-28 ·cited 10×
  The respondent has standing to challenge the Comptroller's decision because the McFadden Act's antibranching rule was intended to protect competitors of national banks, not solely state banks.
• Durrett v. Hous. Auth. OF the City OF Providence
  896 F.2d 600· 5th Cir.· 1990-02-14 ·cited 10×
  The court held that denial of a consent decree providing injunctive relief is appealable under 28 U.S.C. § 1292(a)(1) if it has serious consequences, and that the district court abused its discretion by refusing to approve a comprehensive settlement agreement in a public housing
• Nelsen v. King Cnty.
  895 F.2d 1248· 9th Cir.· 1990-02-09 ·cited 10×
  The court should have considered statistical evidence to determine the probability of future harm, even if not quantitatively over fifty percent.
• O'Connor v. The City & Cnty. OF Denver
  894 F.2d 1210· 10th Cir.· 1990-01-29 ·cited 10×
  The court held that the plaintiffs abandoned their claim regarding the revised code and thus lacked standing to challenge it, and that the First Amendment was not implicated by the closure of the theaters due to public indecency.
• Nashoba Commc'ns Ltd. P'ship NO. 7 v. Town OF Danvers
  893 F.2d 435· 1st Cir.· 1990-01-10 ·cited 10×
  The court held that the district court lacked subject matter jurisdiction because the plaintiff's claim arose from a threatened state law contract enforcement action, not a federal question. The plaintiff's assertion of federal law was merely an anticipatory defense.
• Kahn v. Gen. Motors Corp.
  889 F.2d 1078· Fed. Cir.· 1989-11-17 ·cited 10×
  The court held that the district court abused its discretion by granting a stay of the patentee's infringement action against a customer in favor of a declaratory judgment action filed by the manufacturer in another district, as the Illinois action could not fully resolve the dis
• McCLENDON v. United States
  885 F.2d 627· 9th Cir.· 1989-09-15 ·cited 10×
  The court held that the Tribe did not waive its sovereign immunity by initiating the 1972 suit, and the lease agreement did not contain an express waiver, thus the action against the Tribe was barred. Furthermore, the Tribe is an indispensable party, requiring dismissal of the ac
• GUN S., Inc. v. Brady
  877 F.2d 858· 11th Cir.· 1989-06-30 ·cited 10×
  The court held that the Secretary may temporarily suspend approved firearm import permits to reassess their sporting purpose, despite the 1986 amendment making such importations mandatory.
• Tenoco OIL Co., Inc. v. Dep't OF Consumer Affairs & Pedro Ortiz-Alvarez
  876 F.2d 1013· 1st Cir.· 1989-06-02 ·cited 10×
  The court held that the district court's injunction was vacated because the price regulations were not yet ripe for constitutional review, as the plaintiffs failed to exhaust administrative remedies.
• Pelfresne v. Vill. OF Williams BAY
  865 F.2d 877· 7th Cir.· 1989-01-13 ·cited 10×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff was unlikely to succeed on the merits and would not suffer irreparable harm, while deferring the Anti-Injunction Act issue for further factfinding.
• Tyler v. Black
  865 F.2d 181· 8th Cir.· 1989-01-12 ·cited 10×
  The court held that the use of boxcar doors on Level I cells constitutes cruel and unusual punishment in violation of the Eighth Amendment.
• Frumkes v. Beasley-Reed Broad. OF Miami, Inc.
  533 So. 2d 942· Fla. 3d DCA· 1988-11-22 ·cited 10×
  Mindy Frumkes, a radio personality, resigned from her employment with Beasley-Reed Broadcasting and took a job at a competing radio station. Beasley-Reed obtained a temporary injunction enforcing a non-compete covenant in their employment agreement. The court reversed, holding th
• Thomas v. Bennett
  856 F.2d 1165· 8th Cir.· 1988-09-15 ·cited 10×
  The court held that the Secretary of Education has the authority to collect defaulted student loans through tax refund offsets, even after the statute of limitations for judicial enforcement has run, because the debt remains 'legally enforceable' for offset purposes.
• Alman v. Taunton Sportswear Mfg. Corp.
  857 F.2d 840· 1st Cir.· 1988-09-07 ·cited 10×
  An ambiguous order that fails to resolve all claims or clearly state the relief granted is not a final decision for purposes of appeal under 28 U.S.C. § 1291.
• City OF Lynn Haven v. BAY Cnty. Council OF Registered Architects, Inc.
  528 So. 2d 1244· Fla. 1st DCA· 1988-07-19 ·cited 10×
  The Florida District Court of Appeal affirmed a permanent injunction preventing the City of Lynn Haven from awarding a construction contract without complying with the Consultant's Competitive Negotiation Act (CCNA). The court held that a nonprofit architectural organization has