Injunctive Relief

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

• Ferris J. Alexander v. City OF Minneapolis
  698 F.2d 936· 8th Cir.· 1983-01-28 ·cited 9×
  The court held that the Minneapolis zoning ordinance, which significantly restricted access to adult bookstores and theaters, violated the First and Fourteenth Amendments.
• Baucom v. Martin
  677 F.2d 1346· 11th Cir.· 1982-06-07 ·cited 9×
  A federal agent acting within the general scope of his duties, even if the specific act violates state law, is protected from state prosecution by the Supremacy Clause if the act was necessary and proper.
• Knickerbocker TOY Co., Inc. v. Azrak-Hamway Int'l, Inc.
  668 F.2d 699· 2d Cir.· 1982-01-19 ·cited 9×
  The court affirmed the district court's dismissal of copyright infringement and trademark violation claims, finding no clear error in the factual findings regarding copying and the denial of injunctive relief.
• Dowdell v. City of Apopka
  511 F. Supp. 1375· M.D. Fla.· 1981-04-22 ·cited 9×
  The court held that the City of Apopka violated the Fourteenth Amendment by providing inferior street paving, storm water drainage, and water distribution services to its black residents, based on findings of substantial disparity and discriminatory intent.
• The Nat'l State Bank v. Long
  630 F.2d 981· 3d Cir.· 1980-09-17 ·cited 9×
  National banks are subject to state anti-redlining prohibitions, but enforcement of such laws is the exclusive responsibility of federal officials, not state officials.
• KEY v. Bd. OF Voter Registration OF Charleston Cnty.
  622 F.2d 88· 4th Cir.· 1980-05-23 ·cited 9×
  The court held that the thirty-day voter registration requirement prior to an election is constitutional and does not violate federal rights.
• Dennis v. The City OF KEY W.
  381 So. 2d 312· Fla. 3d DCA· 1980-03-18 ·cited 9×
  Residents living aboard houseboats moored off Key West challenged city ordinances prohibiting live-aboard vessels except in designated areas. The Florida District Court of Appeal reversed the trial court's judgment upholding the ordinances, finding the restrictions on where house
• Whelan v. Colgan
  602 F.2d 1060· 2d Cir.· 1979-06-27 ·cited 9×
  The court held that the district court properly exercised jurisdiction under LMRA § 301 and did not err in granting a preliminary injunction to compel payment of welfare benefits.
• Levitt Corp. & LSI United Corp. v. Levitt
  593 F.2d 463· 2d Cir.· 1979-02-22 ·cited 9×
  The court held that the district court did not abuse its discretion in imposing broad injunctive relief, including a two-year ban on publicizing the defendant's involvement in a Florida development and a permanent injunction against publicizing his prior achievements with Levitt
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Inmates OF the Nebraska Penal AND Correctional Complex v. Greenholtz
  567 F.2d 1381· 8th Cir.· 1977-12-13 ·cited 9×
  The court held that injunctive relief and damages were not warranted because the unconstitutional policy was abandoned and there was no evidence of bad faith by the Board members. The award of legal expenses was also affirmed.
• Int'l In-Flight Catering Co., Ltd. v. Nat'l Mediation Bd.
  555 F.2d 712· 9th Cir.· 1977-06-10 ·cited 9×
  A National Mediation Board certification based solely on authorization cards, when employees were misled into signing them for an election, is reviewable by courts as exceeding statutory authority and is void.
• Dakota Livestock Co. & Farmers Union Mktg. & Processing Ass'n v. Keim
  552 F.2d 1302· 8th Cir.· 1977-04-13 ·cited 9×
  The court held that a stakeholder's potential independent liability to a claimant does not preclude federal interpleader jurisdiction, provided there is adversity between claimants and the jurisdictional requirements are met. The court also found that potential claims, not just a
• Lloyd Damsey, M.D., P.A. v. Barry J. Mankowitz, M.D.
  339 So. 2d 282· Fla. 3d DCA· 1976-11-16 ·cited 9×
  Dr. Damsey sought to enjoin Dr. Mankowitz from practicing medicine in a specific geographic area for three years following the termination of their employment agreement. The Florida District Court of Appeal affirmed the trial court's denial of the injunction, finding the restrict
• DiGIOVANNI v. All-Pro Golf, Inc.
  332 So. 2d 91· Fla. 2d DCA· 1976-05-12 ·cited 9×
  DiGiovanni appeals the dismissal of his stockholder derivative counterclaim against Peterson, the president of All-Pro Golf, Inc., for alleged mismanagement. The court reversed the dismissal, holding that DiGiovanni had standing to bring the derivative suit despite Belfiore being
• Dunlop v. Davis
  524 F.2d 1278· 5th Cir.· 1975-12-24 ·cited 9×
  The court held that the district court erred in denying a permanent injunction against future violations of the Fair Labor Standards Act, despite the employer's current compliance, given his past bad faith and deceptive conduct.
• Mr. and Mrs. Ervin Wetzel v. A. Duda & Sons
  306 So. 2d 533· Fla. 4th DCA· 1975-01-10 ·cited 9×
  Riparian property owners sued a farming operation for pollution of Lake Apopka, seeking both injunctive relief and damages. The trial court dismissed the injunctive counts because it believed the Environmental Protection Act's administrative remedies were required, but the appell
• Rasulis v. Caspar Weinberger
  502 F.2d 1006· 7th Cir.· 1974-09-09 ·cited 9×
  The court held that the challenged Medicare regulation establishing professional standards for physical therapists is a rational and reasonable exercise of the Secretary's authority and does not violate the Fifth Amendment.
• Hous. Auth. OF the City OF Atlanta v. Millwood
  472 F.2d 268· 5th Cir.· 1973-01-24 ·cited 9×
  The court held that HUD was not properly made a party to the state court action due to insufficient service of process, thus the federal district court lacked removal jurisdiction and could not rule on the substantive issues.
• Cont'l Con-Dev Co. & Con-Dev of Vero Beach, Inc. v. Gustavus A. Shallberg, Jr.
  267 So. 2d 40· Fla. 4th DCA· 1972-09-26 ·cited 9×
  Continental Con-Dev and the City of Vero Beach appealed an interlocutory order denying their motions for judgment on the pleadings in a suit challenging a building permit allegedly violating zoning setback requirements. The court held that while a property owner facing a zoning v
• Livingston v. Garmire
  442 F.2d 1322· 5th Cir.· 1971-05-10 ·cited 9×
  A federal court cannot enjoin a pending state criminal prosecution unless the plaintiff proves great and immediate irreparable injury, and mere vagueness or overbreadth of a statute is insufficient without bad faith or harassment.
• Mengelkoch v. Indus. Welf. Comm'n
  442 F.2d 1119· 9th Cir.· 1971-01-11 ·cited 9×
  The court held that the three-judge court erred in dissolving itself for lack of jurisdiction, as the constitutional attack on the state statute was not plainly insubstantial. The court also held that the single district judge erred in dismissing the Title VII claim based on abst
• Ortega Co. v. Justiss
  175 So. 2d 554· Fla. 1st DCA· 1965-05-25 ·cited 9×
  Ortega Company sought a mandatory injunction to stop the Justisses from operating a commercial trailer park on residential lots in violation of restrictive covenants. The trial court denied the injunction and transferred the case to law side for damages, which the appellate court
• Goldner v. Adams
  167 So. 2d 575· Fla.· 1964-09-28 ·cited 9×
  The Florida Supreme Court affirmed a lower court's denial of an injunction, allowing a proposed constitutional amendment to be submitted to the electorate. The court held that it would not interfere with the right of the electorate to vote on amendments unless there was a clear s
• Radio Corp. OF Am. v. Local 780
  160 So. 2d 150· Fla. 2d DCA· 1964-01-17 ·cited 9×
  Radio Corporation of America appealed a state court's dissolution of a temporary restraining order against two theatrical unions, challenging the trial judge's conclusion that federal labor law pre-empted state court jurisdiction. The appellate court held that Florida state court
• In re Local Lodge NO. 1248 OF Int'l Ass'n OF MacHinists
  131 So. 2d 29· Fla. 1st DCA· 1961-05-11 ·cited 9×
  The Florida Court of Appeal reconsiders its prior ruling on appeal procedure for contempt of court judgments, correcting its earlier determination that civil contempt arising from violation of an injunction in a private civil action must follow criminal appellate procedures. The
• Buck Plumbing, Inc. v. Bel-Aire, Inc.
  103 So. 2d 670· Fla. 3d DCA· 1958-05-27 ·cited 9×
  Buck Plumbing appealed from an order denying its motion to compel depositions of opposing parties. The court affirmed, holding that the trial court retained discretion to deny the deposition motion and did not lose jurisdiction merely because an interlocutory appeal from a prior
• Yanish v. Barber
  211 F.2d 467· 9th Cir.· 1954-03-22 ·cited 9×
  The court held that a new statute does not automatically invalidate a prior injunction unless it specifically provides for such effect, and the proper procedure is to seek modification of the injunction.
• City of Miami v. South Miami Coach Lines
  59 So.2d 52· Fla.· 1952-05-23 ·cited 9×
  The Supreme Court of Florida affirmed a lower court's decision, holding that a bus company's certificates of public convenience and necessity, which were granted without specific exceptions, implicitly allowed the company to pick up and discharge passengers within the City of Mia
• Johnson v. White Swan Laundry
  41 So. 2d 874· Fla.· 1949-08-02 ·cited 9×
  This case involves a labor dispute where a union attempted to negotiate a contract and, upon being ignored, organized a strike and picketing. The lower court granted an injunction against the union based on a state statute requiring a majority employee vote for a strike. The appe
• Jacksonville Paper Co. v. McCOMB
  167 F.2d 448· 5th Cir.· 1948-03-23 ·cited 9×
  The court held that while certain employer practices violated the Fair Labor Standards Act, the employer was not in contempt because these practices had not been specifically addressed or condemned by prior court orders. The court affirmed the modified injunction prohibiting thes
• Finn Bondholders, Inc. v. Gertrude Dukes
  157 Fla. 642· Fla.· 1946-06-25 ·cited 9×
  Minority stockholders of Finn Bondholders, Inc. sued to dissolve the corporation, alleging that majority shareholder George J. Deeb fraudulently mismanaged affairs and enriched himself through dealings with his other business interests. The trial court denied dissolution but impo
• Kilgore Groves, Inc. v. Mayo
  136 Fla. 615· Fla.· 1939-03-08 ·cited 9×
  The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
• Matilda J. Utley v. City of St. Petersburg
  111 Fla. 844· Fla.· 1933-09-20 ·cited 9×
  Matilda Utley challenged the validity of paving certificates issued by the City of St. Petersburg under a 1933 special act, claiming the certificates clouded her title and sought their cancellation and injunctive relief. The Florida Supreme Court affirmed the dismissal of her com
• Amina Bouarfa v. Sec'y, Dep't of Homeland Sec.
  75 F.4th 1157· 11th Cir.· 2023-07-28 ·cited 8×
  The Eleventh Circuit held that judicial review of the revocation of a visa petition approval under 8 U.S.C. § 1155 is barred by 8 U.S.C. § 1252(a)(2)(B)(ii) because the revocation is a discretionary decision, and this bar extends to the underlying basis for the revocation.
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 8×
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• Disc. Sleep OF Ocala, LLC v. City OF Ocala
  245 So. 3d 842· Fla. 5th DCA· 2018-01-05 ·cited 8×
  Discount Sleep of Ocala and Dale Birch sought class certification to challenge the City of Ocala's fire service user fee charged to utility customers, alleging it was invalid and seeking refunds. The trial court denied class certification, but the appellate court reversed, findin
• Inglis v. Casselberry
  200 So. 3d 206· Fla. 2d DCA· 2016-07-15 ·cited 8×
  Trustees of family trusts sought certiorari review of a trial court order compelling production of documents relating to trust distributions to the trustees' adult children in postjudgment supplementary proceedings by a former wife seeking to collect alimony from her ex-husband.
• MMMG, LLC v. Seminole Tribe OF Fla., Inc.
  196 So. 3d 438· Fla. 4th DCA· 2016-06-15 ·cited 8×
  MMMG, LLC and Mobile Mike Promotions, Inc. appealed the dismissal of their complaint against the Seminole Tribe of Florida, Inc. (STOFI), a federal tribal corporation, on sovereign immunity grounds. The court affirmed the dismissal, holding that STOFI possessed sovereign immunity
• Ahearn v. Mayo Clinic
  180 So. 3d 165· Fla. 1st DCA· 2015-11-06 ·cited 8×
  Shawn Ahearn, a patient billed by Mayo Clinic for emergency treatment, sued individually and as a putative class representative for breach of contract, breach of the implied covenant of good faith and fair dealing, violations of the Florida Deceptive and Unfair Trade Practices Ac
• Contour SPA AT THE Hard Rock, Inc. v. Seminole Tribe OF Florida
  692 F.3d 1200· 11th Cir.· 2012-08-30 ·cited 8×
  Contour Spa sued the Seminole Tribe of Florida after the Tribe terminated a spa lease and padlocked the facility, claiming the Tribe breached the lease and wrongfully evicted Contour. The Tribe asserted sovereign immunity, and the district court dismissed Contour's federal claims
• Peguy Delva v. The Cont'l Grp., Inc.
  96 So. 3d 956· Fla. 3d DCA· 2012-07-25 ·cited 8×
  The Third District Court of Appeal held that the Florida Civil Rights Act (FCRA) does not prohibit discrimination on the basis of pregnancy because the Florida legislature did not amend the statute to include such protection, despite Congress amending Title VII with the Pregnancy
• Heron at Destin W. Beach & BAY Resort Condo. Ass'n, Inc. v. Osprey AT Destin W. Beach & Bay Resort Condo. Ass'n, Inc.
  94 So. 3d 623· Fla. 1st DCA· 2012-07-03 ·cited 8×
  A Florida appellate court reversed a summary judgment in a master condominium association election dispute, holding that weighted voting based on the number of units represented by each director is permitted under Chapter 718 of the Florida Statutes and the master association's g
• Kortum v. Sink
  54 So. 3d 1012· Fla. 1st DCA· 2010-12-29 ·cited 8×
  A public adjuster challenged Florida's statutory ban on public adjuster solicitation for 48 hours following an insurable loss, arguing it violates commercial free speech rights. The court held that the statute unambiguously prohibits all solicitation during the 48-hour period and
• Pool v. Bunger
  43 So. 3d 837· Fla. 1st DCA· 2010-08-31 ·cited 8×
  A former husband appealed a post-dissolution order addressing child support, visitation, and parenting plan matters. The appellate court dismissed the appeal as premature because the trial court's order was neither final nor an appealable nonfinal order, as it expressly reserved
• Allstate Ins. v. Palterovich
  653 F. Supp. 2d 1306· S.D. Fla.· 2009-08-26 ·cited 8×
  The court granted plaintiffs' motion for default judgment, ordering final judgment against defendants for their RICO, fraud, and civil remedies act violations.
• Long v. AvMED, Inc.
  14 So. 3d 1264· Fla. 1st DCA· 2009-07-08 ·cited 8×
  The court held that appellate attorney's fees should be imposed against the appellant and her attorney under section 57.105 for pursuing an appeal lacking factual and legal merit.
• Conrad v. Anne R. Young
  10 So. 3d 1154· Fla. 4th DCA· 2009-05-27 ·cited 8×
  Mary Conrad appeals a judgment enforcing a 50-foot beach access easement granted to Via del Lago residents in 1937 and 1949. The court upheld the easement against Conrad's affirmative defenses of statutory laches and equitable estoppel, finding that the easement holders did not d
• Kirschner v. Baldwin
  988 So. 2d 1138· Fla. 5th DCA· 2008-08-01 ·cited 8×
  Kirschner sought injunctive relief to prevent neighbors from constructing a garage that violated the subdivision's 35-foot rear setback requirement. Although the trial court found the garage encroached almost 15 feet into the required setback, it denied relief on alternative grou
• Gandara v. Sheriff Wayne Bennett
  528 F.3d 823· 11th Cir.· 2008-05-22 ·cited 8×
  The Vienna Convention on Consular Relations does not confer individually enforceable rights that can be asserted through domestic law, such as 42 U.S.C. § 1983 or the Alien Tort Statute. Prior panel decisions of this circuit are binding and establish that the Convention does not