Injunctive Relief

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

• Herrin v. City OF Deltona
  121 So. 3d 1094· Fla. 5th DCA· 2013-08-16 ·cited 9×
  ECARD challenged a city commission's refusal to allow public comment on a development project, claiming violation of Florida's Sunshine Law. The court held that while the Sunshine Law requires public meetings to be open and accessible, it does not grant the public an affirmative
• Apt. Inv. & Mgmt. Co. v. Flamingo/South Beach 1 Condo. Ass'n, Inc.
  84 So. 3d 1090· Fla. 3d DCA· 2012-03-14 ·cited 9×
  AIMCO appealed a trial court's denial of their motion to compel arbitration of claims by the Flamingo/South Beach 1 Condominium Association regarding alleged improper parking fee charges. The Florida appellate court affirmed the denial, holding that the Association's claims seek
• Florida Ex Rel. Bondi v. United States Dep't of Health & Human Servs.
  780 F. Supp. 2d 1256· N.D. Fla.· 2011-01-31 ·cited 9×
  The court granted summary judgment for the defendants on the Medicaid expansion claim, finding it not impermissibly coercive. The court also found the plaintiffs had standing to challenge the individual mandate under the Commerce Clause.
• Brickell Place Condo Ass'n, Inc. v. Joseph H. Ganguzza & Assocs., P.A.
  31 So. 3d 287· Fla. 3d DCA· 2010-03-31 ·cited 9×
  Two condominium associations appealed the denial of their motion to compel their former law firm to return client files being held under a retaining lien. The court held that the law firm's fee arrangement for collection and foreclosure work was a contingency fee arrangement, and
• Jouvence Ctr. FOR Advanced Health, LLC v. Jouvence Rejuvenation Ctrs., LLC
  14 So. 3d 1097· Fla. 4th DCA· 2009-06-10 ·cited 9×
  A Florida appellate court reversed a preliminary injunction granted to JRC against JCAH and the Haskins, finding that the trial court failed to make the required factual findings and failed to establish JRC's likelihood of success on the merits regarding whether the patient files
• Durso v. Summer Brook Preserve Homeowners Ass'n
  641 F. Supp. 2d 1256· M.D. Fla.· 2008-06-23 ·cited 9×
  The court granted motions to strike a pleading that did not comply with court orders and dismissed claims for violation of the FDCPA, RICO, and a criminal statute lacking civil liability.
• Greenwich Ass'n, Inc. v. Greenwich Apts., Inc.
  979 So. 2d 1116· Fla. 3d DCA· 2008-04-09 ·cited 9×
  Greenwich Association, Inc. appealed the dismissal of its lawsuit seeking reformation or cancellation of a 2001 settlement agreement that had been incorporated into a final court judgment. The court affirmed the dismissal, holding that the 2001 judgment was voidable (not void) an
• Boyer v. State
  946 So. 2d 75· Fla. 1st DCA· 2006-12-27 ·cited 9×
  Boyer appeals the trial court's denial of his Rule 3.800(a) postconviction motion challenging his sexual predator designation. The First District affirmed, holding that a sexual predator designation is neither a sentence nor a punishment and therefore cannot be challenged in a Ru
• Schurr v. Sanchez-Gronlier
  937 So. 2d 1166· Fla. 3d DCA· 2006-09-01 ·cited 9×
  A trial court denied an election challenge seeking to remove a judicial candidate from the ballot for campaign finance violations. The appellate court affirmed, holding that although the candidate violated Florida's requirement to designate a campaign treasurer before accepting c
• Palm Beach Polo, Inc. v. The Vill. OF Wellington
  918 So. 2d 988· Fla. 4th DCA· 2006-01-18 ·cited 9×
  Palm Beach Polo challenges a trial court judgment enforcing a 1972 Planned Unit Development (PUD) agreement requiring it to preserve Big Blue Reserve, a 92-acre undeveloped natural area in Wellington, Florida. Polo argues the preservation requirements constitute an unconstitution
• J-Ii Invs., Inc. v. Leon Cnty.
  908 So. 2d 1140· Fla. 1st DCA· 2005-08-11 ·cited 9×
  The court held that Leon County has the authority to enforce its existing ordinances regarding development activities, even if the land is used for agricultural purposes, because the relevant statute does not preempt the enforcement of pre-existing regulations.
• Fla. Keys Citizens Coal., Inc. v. United States Army Corps of Eng'rs
  374 F. Supp. 2d 1116· S.D. Fla.· 2005-04-11 ·cited 9×
  The court found that the plaintiffs were not entitled to the requested declaratory and injunctive relief against the federal agencies regarding the highway improvement project.
• Am. Fed'n of Labor & Cong. of Indus. Orgs. v. Hood
  885 So. 2d 373· Fla.· 2004-10-18 ·cited 9×
  The Florida Supreme Court upheld the constitutionality of a precinct-specific requirement in Florida's provisional ballot statute, rejecting a facial challenge by labor organizations and voters who argued the requirement violated the state constitution's voting rights provisions.
• Bentz v. Carroll McDANIEL and Melvene J. McDaniel
  872 So. 2d 978· Fla. 5th DCA· 2004-05-07 ·cited 9×
  The Bentzes held an easement across the McDaniels' property for river access. The trial court extinguished the easement based on adverse possession and held it did not extend to the river. The appellate court reversed, finding insufficient clear and convincing evidence of adverse
• Seminole Ent., Inc. v. City OF Casselberry
  866 So. 2d 1242· Fla. 5th DCA· 2004-01-30 ·cited 9×
  A declaratory judgment action is the proper vehicle for facial constitutional challenges to an ordinance, and res judicata does not bar claims not previously litigated, even if related to the same ordinance.
• Kamhi v. Waterview Towers Condo. Ass'n, Inc.
  793 So. 2d 1033· Fla. 4th DCA· 2001-07-18 ·cited 9×
  The court held that the trial court abused its discretion by imposing severe sanctions that prohibited the defendant from presenting evidence and by denying her request for a continuance to obtain legal representation.
• Cuervo v. W. Lake Vill. II Condo. Ass'n, Inc.
  709 So. 2d 598· Fla. 3d DCA· 1998-04-08 ·cited 9×
  The court held that attorney's fees awarded to one law firm must be reduced to account for the duplicated efforts of a second law firm representing the same party.
• Undereducated Foster Children OF Florida v. Florida Senate
  700 So. 2d 66· Fla. 1st DCA· 1997-09-25 ·cited 9×
  Foster children in Florida sought declaratory and injunctive relief challenging the foster care system's compliance with state law and the Florida Constitution's education guarantee. The trial court dismissed the complaint with prejudice, and the appellate court affirmed, finding
• Boardman Petroleum, Inc. v. Tropic Tint OF Jupiter, Inc.
  668 So. 2d 308· Fla. 4th DCA· 1996-02-21 ·cited 9×
  Boardman Petroleum and Smile Gas appealed a judgment awarding attorney's fees and costs to the Schultz family, who prevailed in a contamination suit under Florida's Pollutant Discharge Prevention and Control Act and common law negligence. The Fourth District affirmed the fee awar
• City OF Dania v. Broward Cnty.
  658 So. 2d 163· Fla. 4th DCA· 1995-07-19 ·cited 9×
  The court held that a city's alleged loss of tax base and prior infrastructure expenditures do not constitute a direct legal effect on the eminent domain compensation judgment, thus not entitling the city to intervene. Similarly, alleged violations of development review statutes
• Roger Zitrin, M.D., P.A. v. Donald Kenneth Glaser, M.D.
  621 So. 2d 748· Fla. 4th DCA· 1993-06-30 ·cited 9×
  Dr. Zitrin appealed the dismissal of his legal malpractice action against his former attorney Shepard, contending the two-year statute of limitations had not expired. The Fourth District Court of Appeal reversed, holding that the statute of limitations for professional malpractic
• Robidoux v. Celani
  987 F.2d 931· 2d Cir.· 1993-03-10 ·cited 9×
  The court held that the district court erred in denying class certification based on an incorrect standard for numerosity and in dismissing the claims as moot, as class claims are inherently transitory and certification relates back to the filing date.
• Nat'l Fam. Planning & Reprod. Health Ass'n, Inc. v. Louis W. Sullivan, M.D.
  979 F.2d 227· D.C. Cir.· 1992-11-03 ·cited 9×
  The court held that the Department of Health and Human Services' Directives, which altered the interpretation of a prior regulation to permit doctors to counsel on abortion, constituted legislative rulemaking and were therefore subject to the Administrative Procedure Act's notice
• The Md. Highways Contractors Ass'n v. State OF Md.
  933 F.2d 1246· 4th Cir.· 1991-05-20 ·cited 9×
  The court held that the case is moot due to the repeal and replacement of the MBE statute, and that the Association lacked standing to sue. The district court's decision is vacated and the case is remanded for dismissal.
• Carr v. Alta Verde Indus., Inc.
  931 F.2d 1055· 5th Cir.· 1991-05-14 ·cited 9×
  The court held that a cattle feedlot's failure to obtain a required NPDES permit constitutes a continuing violation of the Clean Water Act, and thus citizens have standing to bring a suit for civil penalties and injunctive relief, even if past discharges were intermittent.
• Crain v. Bd. OF Police Comm'rs OF the Metro. Police Dep't OF the City OF ST. Louis
  920 F.2d 1402· 8th Cir.· 1990-12-12 ·cited 9×
  The court held that the officer's due process rights were violated by the failure to provide a hearing on the extent of discipline, as the board considered a biased disciplinary record without the officer's input.
• Dole v. Shenandoah Baptist Church
  899 F.2d 1389· 4th Cir.· 1990-03-30 ·cited 9×
  The court held that the Fair Labor Standards Act applies to church-operated schools and their employees, and that such application does not violate the First or Fifth Amendments.
• Adeline Jones v. Lauro F. Cavazos
  889 F.2d 1043· 11th Cir.· 1989-12-06 ·cited 9×
  The court held that the plaintiff lacked standing to raise Fifth Amendment due process claims regarding notice and hearing for a tax refund offset, and that her student loan debt was legally enforceable and subject to offset.
• Alabama Student Party v. Student Gov't Ass'n OF THE Univ. OF Ala.
  867 F.2d 1344· 11th Cir.· 1989-03-16 ·cited 9×
  The court held that university election regulations are permissible if they are reasonable and serve legitimate pedagogical concerns, even if they restrict student speech.
• Barnard v. Thorstenn
  489 U.S. 546· U.S.· 1989-03-06 ·cited 9×
  The Court held that the Virgin Islands' one-year residency requirement for admission to its Bar violates the Privileges and Immunities Clause of Article IV.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Akron Ctr. FOR Reprod. Health v. Slaby
  854 F.2d 852· 6th Cir.· 1988-08-12 ·cited 9×
  A parental notification statute for minors seeking abortions must provide a judicial bypass procedure consistent with Bellotti II, and the Ohio statute's bypass procedure was found deficient.
• Cent. Reserve Life OF N. Am. Ins. Co. v. Struve
  852 F.2d 1158· 9th Cir.· 1988-07-26 ·cited 9×
  The Eleventh Amendment bars a federal court action against state officials when the claims are based on state law and the state is the real party in interest.
• Reyes v. The Supervisor OF the Drug Enf't Admin.
  834 F.2d 1093· 1st Cir.· 1987-12-08 ·cited 9×
  The court held that the improper disclosure claim was time-barred, the § 1983 claims against state officials were barred by the Eleventh Amendment, and equitable expungement was not warranted. However, the court remanded with leave to amend the complaint to name the United States
• Jewell Nephew v. The City OF Aurora
  830 F.2d 1547· 10th Cir.· 1987-10-19 ·cited 9×
  A district court did not abuse its discretion in awarding attorney's fees under 42 U.S.C. § 1988 to prevailing plaintiffs who received only nominal damages, when the court considered the vindication of constitutional rights as a significant result.
• United States v. Kaun
  827 F.2d 1144· 7th Cir.· 1987-08-26 ·cited 9×
  The court affirmed the district court's judgment, finding that while section 7408 alone might not support the broad injunction, the district court properly relied on both section 7408 and section 7402(a).
• BSA, Inc. v. King Cnty.
  804 F.2d 1104· 9th Cir.· 1986-11-20 ·cited 9×
  The court held that ordinances banning barroom nude dancing violate the First Amendment because they are overbroad and not justified by substantial governmental interests. Distance requirements, however, are permissible time, place, and manner regulations.
• Commodity Futures Trading Comm'n v. The Am. Bd. OF Trade, Inc.
  803 F.2d 1242· 2d Cir.· 1986-10-10 ·cited 9×
  The court affirmed the district court's judgment, holding that the Commodity Exchange Act applied to defendants' commodity option transactions, including those involving foreign currency, and that the district court did not abuse its discretion in issuing the injunction or orderi
• Browning-Ferris Indus. OF Ala., Inc. v. Ala. Dept. OF Env't MGMT.
  799 F.2d 1473· 11th Cir.· 1986-09-22 ·cited 9×
  Facial challenges to the Alabama Minus Act are ripe for adjudication because the potential hardship to the plaintiff outweighs the need for further factual development.
• Superior OIL Co. v. The United States
  798 F.2d 1324· 10th Cir.· 1986-08-13 ·cited 9×
  The court held that federal district courts have jurisdiction under 28 U.S.C. § 1331 to review tribal court decisions concerning jurisdiction, but require exhaustion of tribal remedies first, unless bad faith or futility is shown.
• Olagues v. Russoniello
  770 F.2d 791· 9th Cir.· 1985-09-03 ·cited 9×
  The court held that while the district court erred in finding it lacked jurisdiction to enjoin an investigation, no extraordinary circumstances justified injunctive relief, and the organizations lacked standing for equitable relief.
• Isiah Carl Green v. McKASKLE
  770 F.2d 445· 5th Cir.· 1985-08-26 ·cited 9×
• David v. City OF Dunedin
  473 So. 2d 304· Fla. 2d DCA· 1985-08-07 ·cited 9×
  The court held that the sign ordinance was not adopted in accordance with applicable statutes, rendering it void and requiring the trial court to issue an injunction against its enforcement.
• Mrs. John M. Reynolds v. THE Surf Club
  473 So. 2d 1327· Fla. 3d DCA· 1985-07-02 ·cited 9×
  Proprietor certificate holders of The Surf Club challenged the club's authority to lease property for a condominium project and expel non-paying members. The court affirmed that the club, as a nonprofit corporation, holds legal title to its property, certificate holders have only
• Bordallo v. Reyes
  763 F.2d 1098· 9th Cir.· 1985-06-21 ·cited 9×
  The Guam Visitors Bureau, established as a public corporation under Public Law 17-32, is not an agency or instrumentality of the government, and its structure does not contravene the Organic Act of Guam.
• Glover v. Cole
  762 F.2d 1197· 4th Cir.· 1985-05-23 ·cited 9×
  A state college may prohibit non-affiliated groups from selling literature and soliciting donations on campus as a reasonable time, place, and manner restriction that serves a significant governmental interest in maintaining an orderly educational environment.
• Toledo v. State OF Ill.
  744 F.2d 1296· 7th Cir.· 1984-09-26 ·cited 9×
  Federal courts lack jurisdiction over a section 1983 suit against a state agency because a state agency is not a "person" under the Act, and suits against state officials seeking to affect state interests are barred by the Eleventh Amendment.
• Kies v. Hollub
  450 So. 2d 251· Fla. 3d DCA· 1984-04-17 ·cited 9×
  Homeowners in an upscale subdivision constructed tennis court lights on their approved court without architectural committee approval, violating both a zoning variance and restrictive covenants. The trial court granted an injunction requiring removal, but the appellate court reve
• United States v. Riverside Bayview Homes, Inc.
  729 F.2d 391· 6th Cir.· 1984-03-07 ·cited 9×
  The court held that the amended Corps of Engineers wetlands definition requires present inundation or saturation sufficient to support vegetation, and that Riverside's property did not meet this standard. The court also vacated the declaratory judgment regarding a Corps regulatio
• W.H. Martin and C.H. Martin v. Pinellas Cnty.
  444 So. 2d 439· Fla. 2d DCA· 1983-12-14 ·cited 9×
  The court held that the trial court did not err in issuing a preliminary mandatory injunction to remove illegally dumped materials threatening a public water supply, nor in denying a motion to dissolve the injunction pending appeal.