Injunctive Relief

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

• LaRoche v. Denny's, Inc.
  62 F. Supp. 2d 1366· S.D. Fla.· 1999-07-26 ·cited 6×
  The court held that while the December 19, 1997 incident did not present sufficient evidence of discrimination to proceed, the January 2, 1998 incident, involving a manager's discriminatory remarks and actions, could lead to vicarious liability for the employer under agency princ
• Poulos v. Martin Cnty. & Pinecrest Lakes, Inc.
  700 So. 2d 163· Fla. 4th DCA· 1997-10-15 ·cited 6×
  The Fourth District Court of Appeal held that section 163.3215, Florida Statutes, provides for a de novo trial in circuit court rather than appellate review by certiorari when third parties challenge the consistency of a development order with a comprehensive plan. The court reve
• Lussier v. State
  972 F. Supp. 1412· M.D. Fla.· 1997-07-21 ·cited 6×
  The court held that the Tax Injunction Act bars federal jurisdiction over the challenge to Florida's special parking permit fees because the fees constitute a tax under state law and Florida courts provide an adequate forum.
• Dep't OF Env't Prot. v. Gibbins
  696 So. 2d 888· Fla. 5th DCA· 1997-06-13 ·cited 6×
  The Florida Department of Environmental Protection appealed an award of attorney's fees to a property owner who defeated DEP's efforts to access his land for petroleum contamination investigation. The court held that DEP's administrative order and injunction petition did not cons
• Fed. Vending, Inc. v. Steak & ALE OF Fla., Inc.
  687 So. 2d 1366· Fla. 4th DCA· 1997-02-19 ·cited 6×
  Federal Vending sought an injunction against Steak & Ale for breach of an equipment lease, which was dismissed. Federal Vending then amended to seek damages, but Steak & Ale moved to arbitrate pursuant to the lease agreement. The court affirmed dismissal of the damages complaint
• Lane v. Ilana Sarfati
  676 So. 2d 475· Fla. 3d DCA· 1996-06-12 ·cited 6×
  Sharon Lane, a theatrical management services provider, sought to disqualify Richard Wolfe as counsel for her clients the Sarfatis in a dispute over a management contract that Wolfe had previously drafted an addendum for on Lane's behalf. The Florida District Court of Appeal gran
• Morey's Lounge, Inc. v. State
  673 So. 2d 538· Fla. 4th DCA· 1996-05-08 ·cited 6×
  Morey's Lounge challenged the constitutionality of Florida's alcoholic beverage statute (Fla. Stat. § 561.29(1)(a)) on void-for-vagueness grounds and alleged arbitrary enforcement. The Fourth District Court of Appeal upheld the statute, holding that it provides adequate notice of
• Agency FOR Health Care Admin. v. Sebastian Hosp., Inc.
  670 So. 2d 1040· Fla. 1st DCA· 1996-03-11 ·cited 6×
  The court held that mandamus was improperly issued because the Agency complied with the statute by issuing single licenses that identified separate facilities, and the form and effect of such licenses on Medicaid reimbursement are not appropriate subjects for mandamus.
• Bebe D. Tindal v. Varner
  667 So. 2d 890· Fla. 2d DCA· 1996-02-07 ·cited 6×
  Bebe Tindal appeals a default judgment for injunctive relief obtained through constructive service of process. The court reverses because the plaintiffs failed to strictly comply with Florida's constructive service statute by omitting Tindal's known residence address from the aff
• The Bd. OF Cnty. Comm'rs OF Sarasota Cnty. v. Webber
  658 So. 2d 1069· Fla. 2d DCA· 1995-06-30 ·cited 6×
  The Board of County Commissioners denied a variance to construct on coastal property subject to a setback ordinance. The circuit court quashed the denial, but the appellate court reversed, holding that the Board properly reconsidered its initial approval and that the circuit cour
• Lorenzar Brown and David Kaminsky v. City OF Lauderhill
  654 So. 2d 302· Fla. 4th DCA· 1995-05-10 ·cited 6×
  The court held that a city is a 'party' to litigation for the purpose of executive sessions under the Sunshine Law when it is the real party in interest, even if a nominal party is involved.
• Fla. Power Corp. v. State
  638 So. 2d 545· Fla. 1st DCA· 1994-05-13 ·cited 6×
  Florida Power Corporation appeals the Department of Environmental Regulation's denial of a wetland resource permit for an electrical transmission line through Reedy Creek Swamp. The central issue is whether the conversion of 6.01 acres of forested wetlands to herbaceous wetlands
• Kruer v. Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State OF Fla. & Charles River Labs., Inc.
  647 So. 2d 129· Fla. 1st DCA· 1994-04-18 ·cited 6×
  Curtis Kruer, a recreational fisherman and field biologist, challenged the Board of Trustees' approval of leases to Charles River Laboratories for a monkey-breeding operation on sovereign submerged lands in the Florida Keys, alleging environmental damage. The appellate court affi
• Variable Annuity Life Ins. Co. v. Clarke
  998 F.2d 1295· 5th Cir.· 1993-08-26 ·cited 6×
  National banks are prohibited by 12 U.S.C. § 92 from selling annuity contracts in cities with a population exceeding 5,000 inhabitants.
• Atl. States Legal Found., Inc. v. PAN Am. Tanning Corp.
  993 F.2d 1017· 2d Cir.· 1993-05-14 ·cited 6×
  A defendant's post-complaint compliance with environmental regulations does not moot a citizen suit for civil penalties under the Clean Water Act, even if injunctive relief is moot.
• Sec. & Exch. Comm'n v. Rind
  991 F.2d 1486· 9th Cir.· 1993-04-19 ·cited 6×
  The Securities and Exchange Commission is not subject to a statute of limitations for civil enforcement actions seeking disgorgement, and defendants are not entitled to a jury trial in such actions.
• Nw. Airlines, Inc. v. Am. Airlines, Inc.
  989 F.2d 1002· 8th Cir.· 1993-04-06 ·cited 6×
  The court held that the district court did not abuse its discretion in applying the first-filed rule and enjoining American from proceeding with its duplicative lawsuit in Texas.
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• Se. Cap. Fin. Inc. v. T/F Sys., Inc.
  616 So. 2d 482· Fla. 4th DCA· 1993-03-03 ·cited 6×
  In this intellectual property dispute, the appellate court affirmed the trial court's finding that T/F Systems held exclusive rights to manufacture and market certain products and was obligated to pay Malt a 5% royalty. However, the court reversed and remanded to require Purifine
• Citizens Against TAX Waste v. Westerville City Sch.
  985 F.2d 255· 6th Cir.· 1993-02-03 ·cited 6×
  The court held that the plaintiff association, CATW, was a prevailing party entitled to seek attorney fees under 42 U.S.C. § 1988 because its lawsuit caused the defendant Board to revise its policy, even though it did not obtain all the relief sought.
• Davey Compressor Co. v. City OF Delray Beach
  613 So. 2d 60· Fla. 4th DCA· 1993-01-06 ·cited 6×
  Davey Compressor Company contaminated the City of Delray Beach's groundwater with toxic solvents, resulting in a jury verdict awarding $8.7 million in damages. The appellate court affirmed the award of past damages but reversed and remanded the future damages award, holding that
• Lambrix v. Dugger
  610 So. 2d 1366· Fla. 1st DCA· 1992-12-30 ·cited 6×
  An inmate, Michael Lambrix, challenged the prison's confiscation of sexually explicit photographs he ordered, claiming violation of his First and Fourteenth Amendment rights. The trial court granted summary judgment for the prison officials, and the appellate court affirmed, hold
• Conant v. Armada KEY W. Ltd. P'ship
  610 So. 2d 640· Fla. 3d DCA· 1992-12-15 ·cited 6×
  In this partnership dispute, the trial court issued a temporary injunction against Conant, a general partner in Armada Key West Limited Partnership, without requiring the posting of a bond as required by Florida Rules of Civil Procedure. The appellate court conditionally reversed
• Parrotino v. The City OF Jacksonville
  612 So. 2d 586· Fla. 1st DCA· 1992-12-15 ·cited 6×
  The estate of Diana McFarland sued the City of Jacksonville and the State Attorney's Office after McFarland was killed by James Wilson, whom she had reported to authorities. The court held that while the police owed no duty of care, the State Attorney's Office created a duty by v
• DAY v. LeBLANC
  610 So. 2d 42· Fla. 2d DCA· 1992-12-04 ·cited 6×
  Rebecca Day appealed an order modifying primary residential custody of the parties' daughter to the father after Day moved from Lee County to Gainesville, Florida. The appellate court reversed, finding the trial court erred in determining that the move alone constituted a substan
• Gov't Suppliers Consolidating Servs. v. Honorable Evan Bayh
  975 F.2d 1267· 7th Cir.· 1992-09-17 ·cited 6×
  The court held that the backhaul ban, registration, and stickering provisions were subject to Pike balancing, but the surety bond provision was an unconstitutional burden on interstate commerce. The court reversed in part and affirmed in part.
• Lake Lucerne Civic Ass'n v. Dolphin Stadium Corp.
  801 F. Supp. 684· S.D. Fla.· 1992-07-31 ·cited 6×
  The court held that homeowner associations have standing for injunctive relief but not compensatory damages, and denied motions to dismiss based on indispensable parties and Eleventh Amendment immunity, while granting in part motions to strike allegations previously adjudicated.
• Rumford Pharmacy, Inc. v. City OF E. Providence
  970 F.2d 996· 1st Cir.· 1992-07-31 ·cited 6×
  The court held that the plaintiff failed to state a claim for procedural due process violations because it did not allege the unavailability of adequate state remedies, and lacked standing for injunctive relief as its injury was not redressable.
• James v. United States
  970 F.2d 750· 10th Cir.· 1992-07-23 ·cited 6×
  The court held that while challenges to the underlying tax liability are outside the scope of 28 U.S.C. § 2410, claims regarding procedural irregularities in tax assessment and collection, such as the notice of intent to levy, are within the waiver of sovereign immunity.
• Martina v. State
  602 So. 2d 1334· Fla. 5th DCA· 1992-07-17 ·cited 6×
  This case addresses the constitutional and procedural impropriety of holding a defendant in jail without bond for 24 days on a domestic violence misdemeanor charge without filing formal criminal charges. The court disapproves of the institutional practice of denying bail in domes
• Manchester Knitted Fashions, Inc. v. Amalgamated Cotton Garment & Allied Indus. Fund
  967 F.2d 688· 1st Cir.· 1992-06-16 ·cited 6×
  The court held that the partial summary judgment order was appealable as an injunction, that the Fund waived its venue challenges, and that the withdrawal liability rules were unenforceable.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency
  966 F.2d 1292· 9th Cir.· 1992-06-04 ·cited 6×
  The court held that EPA's definition of 'discharge associated with industrial activity' was a permissible construction of the statute, and that NRDC's claims regarding permit deadlines and substantive controls were premature.
• Quartet Music v. Kissimmee Broad., Inc.
  795 F. Supp. 1100· M.D. Fla.· 1992-05-19 ·cited 6×
  An individual who is the dominant influence in a corporation and can control its infringing acts may be held jointly and severally liable for copyright infringement, even without actual knowledge.
• Valenti v. Mitchell
  962 F.2d 288· 3d Cir.· 1992-04-14 ·cited 6×
  The court held that the Rooker-Feldman doctrine did not bar the district court from hearing constitutional claims by parties who were not participants in the prior state supreme court proceedings, even if those proceedings addressed similar issues.
• Armstrong World Indus., Inc. v. Adams
  961 F.2d 405· 3d Cir.· 1992-04-10 ·cited 6×
  The court held that the plaintiffs' claims challenging the constitutionality of the Pennsylvania anti-takeover act were not ripe for judicial review because they were contingent upon a future event (a takeover attempt) that had not yet occurred.
• McKINNEY v. Anderson
  959 F.2d 853· 9th Cir.· 1992-03-27 ·cited 6×
  The court reinstated its prior decision, holding that exposure to environmental tobacco smoke (ETS) at levels posing an unreasonable risk of harm constitutes cruel and unusual punishment, and remanded for further proceedings to determine if prison officials acted with deliberate
• Ortho Pharm. Corp. v. Herchel Smith & Am. Home Prods. Corp.
  959 F.2d 936· Fed. Cir.· 1992-03-19 ·cited 6×
  The Federal Circuit affirmed the district court's judgment, holding that the '322 patent was not invalid for double patenting and that the denial of attorney fees and modification of the injunction was not an abuse of discretion.
• Amato v. Wilentz
  952 F.2d 742· 3d Cir.· 1991-12-30 ·cited 6×
  The court held that Essex County lacked third-party standing to assert Warner Brothers' First Amendment rights because Warner Brothers faced no significant obstacle to bringing its own suit.
• Taylor-Callahan-Coleman Cntys. Dist. Adult Prob. Dep't v. Dole
  948 F.2d 953· 5th Cir.· 1991-12-18 ·cited 6×
  The Department of Labor's chosen method of FLSA enforcement through individual actions and interpretive letters, rather than rule-making, is criticized for undermining federalism and creating uncertainty for local governments.
• N. & S. Rivers Watershed Ass'n, Inc. v. Town OF Scituate
  949 F.2d 552· 1st Cir.· 1991-11-27 ·cited 6×
  A citizen suit under the Federal Clean Water Act is barred if a state has commenced and is diligently prosecuting a comparable enforcement action, even if that action does not seek civil penalties, and this bar extends to claims for injunctive and declaratory relief.
• Herrera v. Harkins
  949 F.2d 1096· 10th Cir.· 1991-11-26 ·cited 6×
  A prisoner may use 42 U.S.C. § 1983 to challenge parole procedures, but must use a habeas corpus petition to challenge the fact or duration of confinement.
• State OF S.D. v. Bourland
  949 F.2d 984· 8th Cir.· 1991-11-21 ·cited 6×
  The court held that the Tribe's treaty-based right to regulate non-Indian hunting and fishing on land conveyed for the Oahe Dam project has not been abrogated by Congress. However, the court vacated the district court's ruling on tribal jurisdiction over nonmember Indians as it w
• The Hosp. Council OF W. Pa. v. City OF Pittsburgh
  949 F.2d 83· 3d Cir.· 1991-11-15 ·cited 6×
  The court held that the Hospital Council had associational standing to sue and that abstention was not appropriate because state administrative proceedings could not address all of the federal claims.
• Clow v. U.S. Dep't OF Hous. & Urban Dev.
  948 F.2d 614· 9th Cir.· 1991-11-05 ·cited 6×
  The court affirmed the district court's judgment for HUD, finding that HUD's denial of the Clows' mortgage assistance application was not arbitrary, capricious, or a clear error of judgment.
• Cont'l Cablevision OF ST. Paul, Inc. v. United States Postal Serv.
  945 F.2d 1434· 8th Cir.· 1991-10-07 ·cited 6×
  The court held that 39 U.S.C. § 409(a) provides an independent ground for removal of actions involving the Postal Service and grants federal district courts subject-matter jurisdiction over such cases. The existence of a substantive cause of action is a merits issue, not a jurisd
• Sylvester v. City OF Delray Beach & Charles Kilgore
  584 So. 2d 214· Fla. 4th DCA· 1991-08-21 ·cited 6×
  The court held that Section 112.532, Florida Statutes, does not create a cause of action for damages against an employing city for retaliation; the exclusive remedy is injunctive relief under Section 112.534.
• Redd v. Talley
  584 So. 2d 616· Fla. 1st DCA· 1991-08-07 ·cited 6×
  Appellant Redd challenged a partial summary judgment dismissing his counterclaim for specific performance of an alleged oral contract to convey real property after Roy Talley's death. The court affirmed, holding that oral contracts for conveyance or devise of real property are un
• Glenwood Bridge, Inc. v. City OF Minneapolis
  940 F.2d 367· 8th Cir.· 1991-08-02 ·cited 6×
  The court held that the appellant failed to demonstrate irreparable injury or a sufficient likelihood of success on the merits to warrant injunctive relief.
• Ne. Women's Ctr., Inc. v. McMONAGLE
  939 F.2d 57· 3d Cir.· 1991-07-17 ·cited 6×
  The court held that the injunction's restrictions on speech near the health center were constitutional time, place, and manner regulations, but the 2500-foot ban on picketing near residences was not sufficiently tailored. The court affirmed the contempt finding and incarceration
• Stone Forest Indus., Inc. v. Robertson
  936 F.2d 1072· 9th Cir.· 1991-06-19 ·cited 6×
  The court held that the Forest Service's interpretation and application of its regulations for determining timber sales set aside for small businesses were not arbitrary, capricious, or inconsistent with law.