Injunctive Relief

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

• The Atchison v. Summerfield
  229 F.2d 777· D.C. Cir.· 1955-12-12 ·cited 8×
• Joint Anti-Fascist Refugee Comm. v. Brownell, Jr.
  215 F.2d 870· D.C. Cir.· 1954-08-05 ·cited 8×
  The court held that the district court erred in dismissing the actions as moot because a controversy remained regarding the declaratory relief sought, despite the revocation of the Executive Order under which the designations were made.
• Bruce v. Stilwell
  206 F.2d 554· 5th Cir.· 1953-07-10 ·cited 8×
  The court held that plaintiffs were not required to exhaust administrative remedies because Texas law does not provide an administrative agency with jurisdiction to determine constitutional questions of racial discrimination.
• Wichita Falls Junior Coll. Dist. v. Battle
  204 F.2d 632· 5th Cir.· 1953-05-15 ·cited 8×
  The court held that denying Negro students admission to Hardin Junior College based on race, when no substantially equal facilities exist within the district, constitutes unlawful discrimination under the Fourteenth Amendment, even if equal facilities exist elsewhere in the state
• Bhd. of Ry. & S.S. Clerks v. Atl. Coast Line R. Co.
  201 F.2d 36· 4th Cir.· 1953-01-05 ·cited 8×
  The court held that the railroad failed to fulfill its statutory duty to bargain in good faith with the brotherhood regarding the 850 'white collar' employees, and an injunction should be issued to compel such bargaining.
• Bigelow v. Balaban & Katz Corp.
  199 F.2d 794· 7th Cir.· 1952-11-24 ·cited 8×
  The court held that while the trial court properly denied modification based on the evidence presented, it should not be construed as meaning the decree can never be modified. Certain specific modifications regarding double features and waiting time were granted.
• Cook Chem. Co. v. Cook Paint & Varnish Co.
  185 F.2d 365· 8th Cir.· 1950-12-05 ·cited 8×
  The court held that a defendant may be enjoined from using a surname as a trade name if it causes confusion and appropriates the goodwill of a plaintiff who has established prior rights in that name, even if the goods are non-competitive.
• Woods v. Gochnour et ux.
  177 F.2d 964· 9th Cir.· 1949-11-15 ·cited 8×
  The court held that a cause of action for restitution of rent overcharges under Section 205(a) of the Emergency Price Control Act survives the Act's termination.
• Order of Railroad Telegraphers v. New Orleans
  156 F.2d 1· 8th Cir.· 1946-06-24 ·cited 8×
  A federal court lacks jurisdiction over a jurisdictional dispute between two railroad labor unions concerning the interpretation of their collective bargaining agreements, and should stay proceedings to allow the National Railroad Adjustment Board to interpret the agreements.
• Bowles v. Biberman Bros., Inc.
  152 F.2d 700· 3d Cir.· 1945-09-21 ·cited 8×
• Bowles v. Sacher
  146 F.2d 186· 2d Cir.· 1944-12-08 ·cited 8×
  The dissenting judge believes the court has a duty to review the district court's exercise of discretion regarding injunctions and that the district court erred in its construction of the Emergency Price Control Act.
• Bowles v. Town Hall Grill, Inc.
  145 F.2d 680· 1st Cir.· 1944-11-09 ·cited 8×
  The court held that the scope of injunctive relief under the Emergency Price Control Act is discretionary, and a district court did not err in granting a limited injunction based on the specific violations shown.
• Adam Hat Stores, Inc. v. Lefco
  134 F.2d 101· 3d Cir.· 1943-02-12 ·cited 8×
  The court held that the defendants, as prior users of the trade name 'Adams Clothes', are entitled to use it as their business name, and the plaintiff is barred by laches from asserting a claim for injunctive relief.
• City of Winter Haven v. Summerlin
  114 Fla. 727· Fla.· 1934-05-10 ·cited 8×
  The Florida Supreme Court affirmed the denial of a motion to dismiss in an equity suit brought by a bondholder against the City of Winter Haven and its officials to compel an accounting of municipal certificates of indebtedness that had been pledged as security for bonds. The cou
• Smith v. Short
  332 So. 3d 1064· Fla. 2d DCA· 2021-12-29 ·cited 7×
  The appellate court reversed an injunction restricting social media activity and an award of attorney's fees, finding the injunction overbroad and the fee award lacking sufficient evidentiary support. The court affirmed other aspects of the trial court's order enforcing a marital
• Bj's Wholesale Club v. Bugliaro
  273 So. 3d 1119· Fla. 3d DCA· 2019-05-08 ·cited 7×
  The appellate court reversed a trial court's order certifying a class action. The court found that the trial court lacked subject matter jurisdiction because the plaintiff failed to exhaust administrative remedies and that the proposed class was not ascertainable.
• Cnty. of Volusia v. Detzner
  253 So. 3d 507· Fla.· 2018-09-07 ·cited 7×
  A constitutional amendment's ballot title and summary satisfy statutory requirements when they clearly and accurately describe the amendment's chief purpose and effects, even if they do not explicitly disclose implicit ramifications or existing constitutional rights that will be
• City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Tr. & Plan
  249 So. 3d 709· Fla. 3d DCA· 2018-06-06 ·cited 7×
  The trial court erred in denying the City's motion for temporary injunctive relief because the 2010 pension ordinance remained valid and enforceable, the Board lacked unilateral authority to restore pre-2010 pension benefits absent a final court order invalidating the ordinance,
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Sch. Bd. OF Hernando Cnty. v. Rhea
  213 So. 3d 1032· Fla. 1st DCA· 2017-03-07 ·cited 7×
  Parents whose children were retained in third grade after refusing to take a mandatory standardized reading test (ELA) sued school boards and the Department of Education seeking declaratory and injunctive relief. The appellate court reversed the trial court's denial of the school
• Rayburn v. Bright
  163 So. 3d 735· Fla. 5th DCA· 2015-05-01 ·cited 7×
  Appellants appealed a trial court judgment denying damages under the wrongful-act doctrine, but the appellate court dismissed the appeal for lack of jurisdiction because Appellants failed to file a timely notice of appeal within 30 days of the final judgment.
• TWO Islands Dev. Corp. v. Clarke
  157 So. 3d 1081· Fla. 3d DCA· 2015-02-25 ·cited 7×
  Two Islands Development Corporation and related entities appealed from a trial court's temporary injunction prohibiting them from constructing a paver sidewalk on residential property lots. The appellate court vacated and remanded the injunction, holding that the owner and develo
• United States v. Demesmin
  2015 U.S. Dist. LEXIS 22253· M.D. Fla.· 2015-01-15 ·cited 7×
  The court held that the defendants' motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim were denied, as the government adequately pleaded jurisdiction and stated plausible claims for injunctive relief and disgorgement.
• Sowell v. State
  136 So. 3d 1285· Fla. 1st DCA· 2014-05-12 ·cited 7×
  The Florida First District Court of Appeal granted a writ of mandamus requiring the Department of Revenue to file a probable cause review determination with the agency clerk, thereby rendering it a final agency order subject to judicial review. The case addresses whether a proper
• City OF Riviera Beach v. Riviera Beach Citizens Task Force
  87 So. 3d 18· Fla. 4th DCA· 2012-04-04 ·cited 7×
  The City of Riviera Beach and its Community Redevelopment Agency appealed a trial court decision allowing a citizen-initiated charter amendment to appear on the ballot regarding the municipal marina. The appellate court affirmed, holding that the ballot language was not ambiguous
• 1000 Friends OF Fla., Inc. v. Palm Beach Cnty. & Bergeron Sand & Rock Mine Aggregates, Inc.
  69 So. 3d 1123· Fla. 4th DCA· 2011-10-05 ·cited 7×
  1000 Friends of Florida and Sierra Club challenged a development order permitting mining in the Everglades Agricultural Area, arguing it violated the county's comprehensive plan. The court held that the word "only" in the Future Land Use Element policy creates a restrictive list
• City OF Panama City v. Andina, Inc.
  63 So. 3d 908· Fla. 1st DCA· 2011-06-20 ·cited 7×
  The court held that an order granting partial summary judgment on counts seeking injunctive relief is not an appealable nonfinal order under Rule 9.130(a)(3)(B) unless it actually grants or has the effect of granting an injunction.
• MRI Assocs. of St. Pete, Inc. v. State Farm Mut. Auto. Ins.
  755 F. Supp. 2d 1205· M.D. Fla.· 2010-12-08 ·cited 7×
  The court held that a class action is inappropriate for claims involving the determination of reasonable medical expenses under Florida's PIP statute, and that amendment to seek declaratory relief would be futile.
• Smith v. Rainey
  747 F. Supp. 2d 1327· M.D. Fla.· 2010-09-30 ·cited 7×
  The court granted the motions to dismiss, finding that the Amended Complaint failed to state claims with facial plausibility for many counts, and that some defendants were immune from suit.
• Liberty Counsel v. The Fla. BAR Bd. OF Governors
  12 So. 3d 183· Fla.· 2009-06-04 ·cited 7×
  The dissenting opinion argues that a lawyer should not be sanctioned for using the trade name 'Legal Experts' because his board certification was clearly displayed alongside the trade name, negating any potential for misleading the public.
• Losacano v. Deaf & Hearing Connection OF Tampa BAY, Inc.
  988 So. 2d 66· Fla. 2d DCA· 2008-07-16 ·cited 7×
  Linda Losacano sued for tortious interference and defamation but failed to disclose the lawsuit as a bankruptcy asset after filing for bankruptcy in 2005. The trial court granted summary judgment dismissing her monetary claims based on judicial estoppel, but the appellate court r
• Shocki v. Aresty
  994 So. 2d 1131· Fla. 3d DCA· 2008-01-23 ·cited 7×
  Isaac Shocki appeals a five-year injunction for protection against repeat violence granted to his neighbor Joel Aresty based on stalking allegations. The Third District Court of Appeal reversed and remanded because the trial court considered new prejudicial evidence (dead birds a
• Garrett v. Dep't of Corr.
  589 F. Supp. 2d 1289· M.D. Fla.· 2007-06-20 ·cited 7×
  The court held that the defendant employer could be liable for inmate sexual harassment of an employee, and that the employee's claims were not barred by untimeliness due to piggybacking on prior class action charges.
• Rinaldo Cruz v. Caribbean Spring Vill.
  944 So. 2d 1161· Fla. 3d DCA· 2006-12-13 ·cited 7×
  Rinaldo Cruz appeals a trial court order vacating a final default judgment entered against Caribbean Spring Village. The court affirmed the vacation, finding the client was not personally involved in discovery violations committed by its attorney.
• City OF Sanibel v. Maxwell
  925 So. 2d 486· Fla. 2d DCA· 2006-04-19 ·cited 7×
  The trial court exceeded its subject matter jurisdiction by granting leave to file a second amended complaint after a prior dismissal order had ended judicial labor in the original case.
• Garrick Hatfield v. Autonation, Inc.
  915 So. 2d 1236· Fla. 4th DCA· 2005-12-21 ·cited 7×
  Garrick Hatfield, a Texas resident and former general manager of an AutoNation Mercedes Benz dealership, appeals the denial of his motion to dismiss for lack of personal jurisdiction. The Florida Court of Appeal affirmed, holding that AutoNation established sufficient minimum con
• Rodriguez v. Investco, L.L.C.
  305 F. Supp. 2d 1278· M.D. Fla.· 2004-02-24 ·cited 7×
  The court held that the plaintiff failed to establish that the defendant violated the ADA by failing to design and construct accessible facilities or by failing to remove architectural barriers, and thus, no relief was available.
• Walton v. Health Care Dist. of Palm Beach Cnty.
  862 So. 2d 852· Fla. 4th DCA· 2003-12-10 ·cited 7×
  Ronald Walton, a registered nurse employed by the Health Care District of Palm Beach County, challenged his termination by filing suit for wrongful termination, due process violation, and Fair Labor Standards Act violation. The trial court dismissed all counts, arguing that certi
• Haun v. Don Mealy Imports, Inc.
  285 F. Supp. 2d 1297· M.D. Fla.· 2003-10-06 ·cited 7×
  The court held that the plaintiff failed to state claims for actual or statutory damages under the Truth in Lending Act (TILA) and dismissed claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) due to insufficient pleading of harm and lack of a private right
• Molina v. Watkins
  824 So. 2d 959· Fla. 3d DCA· 2002-08-14 ·cited 7×
  FCA and Molina appeal default and jury verdicts entered against them. The court reverses both judgments, finding the default judgment against FCA improper due to lack of notice and vicarious liability principles, and finding Molina's judgment not final because it reserved ruling
• Shulmister v. City OF Pompano Beach
  798 So. 2d 799· Fla. 4th DCA· 2001-10-24 ·cited 7×
  This case addresses whether a municipality has the responsibility to prepare a ballot summary complying with Florida's 75-word limit when placing a voter-initiated charter amendment on the ballot. The court held that because state law requires the governing body to place the prop
• DR. Phillips, Inc. v. L & W Supply Corp.
  790 So. 2d 539· Fla. 5th DCA· 2001-07-13 ·cited 7×
  Dr. Phillips, Inc. appeals summary judgments granted in favor of its former landlord (Sowell) and tenant (Seacoast) in a dispute over misuse of an ingress/egress easement on Phillips' property by Seacoast's delivery trucks. The court reverses the summary judgment on damages claim
• City OF Coral Gables & Margaret P. Pass v. Fortun
  785 So. 2d 741· Fla. 3d DCA· 2001-05-30 ·cited 7×
  The court held that the circuit court lacked subject matter jurisdiction to enter an order requiring notification of proceedings because the administrative remedies had not been exhausted and the suit was premature.
• Town OF Lauderdale-By-The-Sea v. Meretsky
  773 So. 2d 1245· Fla. 4th DCA· 2000-12-13 ·cited 7×
  The Town of Lauderdale-by-the-Sea appealed a summary judgment that granted the Meretskys a 'permissive use' of a public right-of-way to construct a wall enclosure for their swimming pool. The court reversed, holding that the Town Commission lacked authority to grant such use beca
• Farris G. Millender v. Millender & Millender & Sons Seafood Co., Inc.
  774 So. 2d 767· Fla. 1st DCA· 2000-12-01 ·cited 7×
  Millender appealed a trial court judgment dismissing his inverse condemnation and injunctive relief action against the Florida Department of Transportation as barred by the statute of limitations. The court reversed, holding that both the continuing tort theory and the federal Di
• Garvin v. Jerome
  767 So. 2d 1190· Fla.· 2000-09-21 ·cited 7×
  The Florida Supreme Court held that a recall petition predicated on multiple grounds, four of which are legally invalid, cannot serve as the basis for a recall election. The Court resolved a conflict between district courts by adopting the Fourth District's approach that all grou
• Paul v. Facchina, Jr.
  735 So. 2d 499· Fla. 4th DCA· 1999-01-20 ·cited 7×
  A male model sued defendants for unauthorized use of his photograph in advertisements for viatical settlement companies, claiming the ads falsely suggested he had AIDS. The trial court dismissed his claims for unauthorized publication, invasion of privacy, and defamation under th
• Gamma PHI Chapter of Sigma Chi Fraternity & Gamma Phi Chapter of Sigma Chi Bldg. Fund Corp. v. Univ. OF Miami
  718 So. 2d 910· Fla. 3d DCA· 1998-09-23 ·cited 7×
  The Florida District Court of Appeal affirmed the denial of injunctive relief to Gamma Phi Chapter of Sigma Chi Fraternity, which sought to enjoin disciplinary hearing procedures before the University of Miami. The court held that the fraternity must exhaust available administrat
• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Bronson v. Bronson
  685 So. 2d 994· Fla. 5th DCA· 1997-01-03 ·cited 7×
  Donald Bronson appeals the denial of attorney's fees incurred in defending against Pamela Bronson's civil theft claim. The court reverses because the trial court incorrectly applied the frivolous suit standard rather than the less stringent standard under Florida's civil theft st