Injunctive Relief

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

• Scott v. Schlesinger
  498 F.2d 1093· 5th Cir.· 1974-08-16 ·cited 7×
  The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
• Gonzalez v. Cnty. OF Hidalgo
  489 F.2d 1043· 5th Cir.· 1973-12-26 ·cited 7×
  The court held that a tenant's husband, who signed a form lease with a waiver of due process rights, did not validly waive those rights because there was insufficient proof he understood the significance of the waiver.
• Block v. Thompson
  472 F.2d 587· 5th Cir.· 1973-01-24 ·cited 7×
  The court held that the City Council's liquor license transfer ordinance was invalid because it lacked sufficiently specific objective criteria for granting or denying transfers.
• Matthew Massimo and on the behalf of F. L. (Frank) Jones v. The Warden
  468 F.2d 1209· 5th Cir.· 1972-11-08 ·cited 7×
  The court held that an inmate lacks standing to seek relief for other inmates but may seek injunctive relief for himself if he alleges personal constitutional violations.
• Palmer v. Thompson
  391 F.2d 324· 5th Cir.· 1967-08-29 ·cited 7×
  A city is not constitutionally required to operate public swimming pools, and closing them to avoid desegregation is permissible if done for safety or economic reasons. Plaintiffs lacking direct or threatened injury lack standing to challenge jail segregation.
• Cent. Theatres, Inc. v. State of Fla. ex rel. Herbert Braren
  161 So. 2d 558· Fla. 2d DCA· 1964-02-21 ·cited 7×
  Central Theatres challenged a temporary restraining order issued without bond that prohibited showing the film "Blood Feast" as an alleged public nuisance. The court held that while courts have discretion regarding bond requirements, a bond must generally be required when the def
• Peoples GAS Sys., Inc. v. City GAS Co.
  147 So. 2d 334· Fla. 3d DCA· 1962-12-11 ·cited 7×
  Peoples Gas System appeals a dismissal of its complaint seeking injunctive relief and specific performance against City Gas Company for alleged violations of a territorial service area agreement between the two competing gas companies. The court reversed, holding that the detaile
• Laycock v. Kenney
  270 F.2d 580· 9th Cir.· 1959-09-01 ·cited 7×
  The court held that the Treasury regulations concerning gold are within the statutory authority granted by the Gold Reserve Act of 1934 and that the Act itself is a constitutional exercise of Congress's power to regulate the value of money.
• Zen Grp., Inc. v. State of Fla. Agency for Health Care Administra
  80 F.4th 1319· 11th Cir.· 2023-09-13 ·cited 6×
  Zen Group, a Medicaid provider, appealed the dismissal of its claims alleging that Florida health care officials retaliated against it in violation of the Fourteenth Amendment's Due Process Clause and the First Amendment after it challenged an audit-imposed overpayment demand and
• Estela Mabel Argueta Romero v. Sec'y, U.S. Dep't of Homeland Sec.
  20 F.4th 1374· 11th Cir.· 2021-12-20 ·cited 6×
  The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
• Schmidt v. Sabow
  331 So. 3d 781· Fla. 2d DCA· 2021-08-18 ·cited 6×
  The appellate court reversed a trial court's judgment that a consent and joinder signed by the Schmidts constituted a personal guarantee of a contract. The court found the claims were barred by res judicata and the statute of limitations, and that the consent and joinder did not
• Miami Marlins, L.P. v. Miami-Dade Cnty. & the City of Miami
  276 So. 3d 936· Fla. 3d DCA· 2019-07-10 ·cited 6×
  The appellate court reversed a preliminary injunction and denied a motion to stay arbitration, holding that disputes over a "County/City Equity Payment" were subject to arbitration as per the parties' agreements. The court emphasized that arbitration provisions are favored and do
• Flat Creek Transp., LLC v. Federal Motor Carrier Safety Administration
  923 F.3d 1295· 11th Cir.· 2019-05-09 ·cited 6×
  The court held that Flat Creek Transportation, LLC failed to establish an injury in fact sufficient to confer standing to sue, as its alleged injuries were neither concrete nor imminent.
• The Sterling Villages of Palm Beach Lakes v. Lacroze
  255 So. 3d 870· Fla. 4th DCA· 2018-09-12 ·cited 6×
  Sterling Villages Condominium Association appealed a trial court judgment entered in its favor against a homeowner, challenging the amount of unpaid assessments awarded and the prejudgment interest calculation. The appellate court affirmed the judgment but remanded for the trial
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Waverly 1 & 2, LLC v. Waverly at Las Olas Condo Assoc
  242 So. 3d 425· Fla. 4th DCA· 2018-03-21 ·cited 6×
  The Owner of two commercial units in a mixed-use condominium appealed a trial court judgment requiring commercial unit owners to obtain written board consent before altering landscaping. The appellate court reversed, finding that the Declaration of Condominium explicitly exempts
• Flynn v. Estevez
  221 So. 3d 1241· Fla. 1st DCA· 2017-06-27 ·cited 6×
  A Catholic parent sought to enroll his unvaccinated child in a Catholic school despite the Diocese's immunization requirement, invoking Florida's statutory religious exemption. The court applied the ecclesiastical abstention doctrine to bar judicial review, holding that requiring
• Clark v. Bluewater Key RV Ownership Park Prop. Owners Ass'n, Inc.
  226 So. 3d 276· Fla. 3d DCA· 2017-05-10 ·cited 6×
  Owners of RV lots in a community association appealed an injunction prohibiting their transient rental business from using work campers and other commercial activities. The court affirmed the injunction, holding that the restrictive covenants clearly prohibited the commercial act
• Florida Carry v. City OF Tallahassee
  212 So. 3d 452· Fla. 1st DCA· 2017-02-03 ·cited 6×
  Florida Carry, Inc. and the Second Amendment Foundation challenged the City of Tallahassee's republication of two firearms ordinances that had been declared null and void by state preemption law. The First District affirmed summary judgment for the city, holding that republicatio
• Catalina W. Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n
  188 So. 3d 76· Fla. 3d DCA· 2016-03-30 ·cited 6×
  Homeowners associations appealed a judgment that limited their liability claims against Federal National Mortgage Association (FNMA) under Florida's safe harbor provision for foreclosing first mortgagees. The court affirmed, holding that FNMA's liability is limited to unpaid asse
• Wollschlaeger v. Governor OF THE State OF Fla.
  814 F.3d 1159· 11th Cir.· 2015-12-14 ·cited 6×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First and Fourteenth Amendments. The court found that the Act's provisions restr
• Diaz v. Lopez
  167 So. 3d 455· Fla. 3d DCA· 2015-04-28 ·cited 6×
  Jose Diaz, serving as mayor of Sweetwater after his predecessor's removal, sought to run for his own mayoral term while retaining an interest in his city commission seat under the municipal charter's succession provision. The court held that Florida's resign-to-run law required D
• Consumer Rights, LLC v. Bradford Cnty.
  153 So. 3d 394· Fla. 1st DCA· 2014-12-17 ·cited 6×
  Consumer Rights, LLC sought mandamus relief and injunctive relief to compel Bradford County to produce a list of employee email addresses under Florida's Public Records Act. The trial court dismissed the complaint after the County provided the records three months after the reque
• G.G. v. Fla. Dep't of Law Enf't
  97 So. 3d 268· Fla. 1st DCA· 2012-09-06 ·cited 6×
  G.G., arrested as a minor for petit theft, challenged the Florida Department of Law Enforcement's public disclosure of her juvenile arrest record. The court held that only juvenile records meeting specific statutory criteria (felony arrests or multiple misdemeanor convictions) lo
• Bessard v. Marthe Renee Bessard
  40 So. 3d 775· Fla. 3d DCA· 2010-05-12 ·cited 6×
  Joseph Bessard challenged a trial court's dismissal of a complaint seeking to void a power of attorney allegedly signed by his father Jacob Bessard, and its award of attorney's fees to the appellees (Joseph's mother and sisters). The court affirmed both the dismissal as moot and
• Presidents' Council OF SD, Inc. v. Walton Cnty.
  36 So. 3d 764· Fla. 1st DCA· 2010-05-06 ·cited 6×
  The appellants challenged a development order issued by Walton County's Director of Planning and Zoning, seeking declaratory and injunctive relief to contest its consistency with the local comprehensive plan. The circuit court granted summary judgment for the appellees, finding t
• Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles
  20 So. 3d 915· Fla. 1st DCA· 2009-09-25 ·cited 6×
  This appeal addresses whether the Florida Department of Highway Safety and Motor Vehicles acted unlawfully when it required drivers convicted of DUI before July 1, 2005 to install ignition interlock devices, even though the department lacked statutory authority to do so prior to
• Global Tel Link Corp. v. Scott
  652 F. Supp. 2d 1240· M.D. Fla.· 2009-07-28 ·cited 6×
  The court held that the plaintiff was entitled to a preliminary injunction compelling the Sheriff's Office to engage in alternative dispute resolution as per the contract, but denied other injunctive relief against the Sheriff's Office and DSI/ITI due to failure to meet the likel
• Sanz v. Fernandez
  633 F. Supp. 2d 1356· S.D. Fla.· 2009-07-07 ·cited 6×
  The court held that the plaintiff adequately alleged that the defendants acted as debt collectors under the FDCPA and FCCPA, and therefore denied the motion to dismiss and strike.
• Alvi Armani Med., Inc. v. Hennessey
  629 F. Supp. 2d 1302· S.D. Fla.· 2008-12-09 ·cited 6×
  The court held that the defamation claim was dismissed due to failure to provide statutory notice, but the FDUTPA claim could proceed as the CDA immunity did not apply and the website constituted trade or commerce.
• Hill v. Deering BAY Marina Ass'n, Inc.
  985 So. 2d 1162· Fla. 3d DCA· 2008-06-25 ·cited 6×
  Kings Bay homeowners appealed a trial court judgment regarding their contractual rights to use a neighboring marina's facilities. The appellate court affirmed most rulings but reversed the trial court's authorization of a $3 per linear foot nightly fee for temporary docking, hold
• Florida Hometown Democracy v. Browning
  980 So. 2d 547· Fla. 1st DCA· 2008-04-23 ·cited 6×
  Florida Hometown Democracy challenged legislation and administrative rules regulating citizen initiative petition signature revocation as unconstitutional intrusions on the people's initiative power. The court held that signature revocation procedures are not necessary to ensure
• Figueroa v. Sharper Image Corp.
  517 F. Supp. 2d 1292· S.D. Fla.· 2007-10-11 ·cited 6×
  The court granted final approval to the Third Amended Settlement Agreement, finding it fair, adequate, and reasonable for the class members.
• Perez v. Asurion Corp.
  501 F. Supp. 2d 1360· S.D. Fla.· 2007-07-26 ·cited 6×
  The Court grants final approval of the class action settlement, finding it fair, reasonable, and adequate.
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 6×
  A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the inj
• In re Managed Care Litigation
  430 F. Supp. 2d 1336· S.D. Fla.· 2006-06-19 ·cited 6×
  The court held that the evidence presented was insufficient for a reasonable jury to find that the defendants conspired to manipulate claims processing software to systematically underpay doctors.
• Naples Cmty. Hosp., Inc. v. Hussey
  918 So. 2d 323· Fla. 2d DCA· 2005-11-09 ·cited 6×
  Naples Community Hospital denied a physician's reapplication for pain management clinical privileges based on an exclusive contract with another provider, without providing a hearing. The trial court found this violated the Hospital's Bylaws and granted injunctive relief requirin
• TIP TOP Enters., Inc. v. Summit Consulting
  905 So. 2d 201· Fla. 3d DCA· 2005-04-06 ·cited 6×
  Tip Top Enterprises appeals a venue change order granted to Summit Consulting, arguing Summit waived its venue objection by failing to raise it in its answer or in a pre-answer motion. The Third District Court of Appeal agrees, holding that under Florida Rule 1.140, failure to ti
• Fla. Power & Light Co. v. Albert Litter Studios, Inc.
  896 So. 2d 891· Fla. 3d DCA· 2005-03-02 ·cited 6×
  Florida Power & Light Company petitioned for a writ of prohibition to prevent the Miami-Dade Circuit Court from exercising jurisdiction over a purported class action alleging overcharges due to defective thermal demand meters. The Third District Court of Appeal granted the writ,
• Sirgany Int'l, Inc. v. Miami-Dade Cnty.
  887 So. 2d 381· Fla. 3d DCA· 2004-09-22 ·cited 6×
  Sirgany International petitioned for a writ of prohibition to prevent a circuit court from exercising jurisdiction over the Miami-Dade Inspector General's action to enforce a subpoena for Sirgany's records. The Florida Third District Court of Appeal denied the petition, holding t
• Seidle v. Nat'l Ass'n of Sec. Dealers, Inc.
  248 F. Supp. 2d 1140· M.D. Fla.· 2003-01-08 ·cited 6×
  The court held that the click agreements were valid and enforceable, prohibiting the commercial use of the PDP web site content, and therefore dismissed the plaintiffs' claims.
• Molina v. The City OF Miami
  837 So. 2d 462· Fla. 3d DCA· 2002-12-18 ·cited 6×
  Gerardo Molina, father of a man killed by an off-duty Miami police officer, sought injunctive and declaratory relief under Florida's Government-in-the-Sunshine Law, arguing that the Discharge of Firearms Review Committee's meetings must be open to the public. The court affirmed t
• Orange Cnty. v. Costco Wholesale Corp.
  823 So. 2d 732· Fla.· 2002-06-27 ·cited 6×
  The Florida Supreme Court upheld Orange County's 5,000-foot minimum distance requirement between package liquor stores, reversing a Fifth District Court of Appeal decision that found the ordinance unconstitutional. The Court held that the distance restriction is a valid exercise
• City OF Sweetwater v. Solo Constr. Corp.
  823 So. 2d 798· Fla. 3d DCA· 2002-05-01 ·cited 6×
  The City of Sweetwater violated Florida's competitive bidding statutes by awarding a public works contract to United Engineering Corporation instead of Solo Construction Corporation, the lowest responsive and responsible bidder. The trial court issued a writ of mandamus and injun
• Manuel G. Jain, M.D. v. Green Clinic, Inc.
  830 So. 2d 836· Fla. 2d DCA· 2002-04-19 ·cited 6×
  The court held that the trial court abused its discretion by dismissing the action for lack of prosecution when the plaintiff's attorney demonstrated good cause for the delay.
• Eng'g Contractors Ass'n OF S. Fla., Inc. v. Broward Cnty.
  789 So. 2d 445· Fla. 4th DCA· 2001-06-27 ·cited 6×
  Engineering Contractors Association and other contractors challenged Broward County's new bidding procedure for road construction projects that combined short-listing with sealed bidding. The court held that the procedure violated Florida law by restricting qualified bidders and
• Fla. Outdoor Advertising, LLC v. City of Boynton Beach
  182 F. Supp. 2d 1201· S.D. Fla.· 2001-06-27 ·cited 6×
  The court held that the City's 1997 Sign Code was facially unconstitutional under the First Amendment for impermissibly favoring commercial speech over noncommercial speech and discriminating between types of noncommercial speech based on content. The court further held that the
• Touchston v. McDERMOTT
  234 F.3d 1130· 11th Cir.· 2000-11-17 ·cited 6×
  Registered voters in Florida challenged the constitutionality of Florida Statute § 102.166(4) governing manual ballot recounts during the 2000 presidential election recount, seeking an injunction to prevent manual recounts and certification of results containing recounts. The Ele
• McMILLAN v. The Oaks OF Spring Hill Homeowner's Ass'n, Inc.
  754 So. 2d 160· Fla. 5th DCA· 2000-03-31 ·cited 6×
  The court held that placing a pre-assembled shed violated a deed restriction prohibiting the erection of sheds, and that the homeowners failed to prove affirmative defenses of waiver, estoppel, acquiescence, or selective enforcement.
• Berry v. Teves
  752 So. 2d 112· Fla. 2d DCA· 2000-03-03 ·cited 6×
  The court held that a latent ambiguity existed in the restrictive covenants regarding short-term rentals, precluding summary judgment.