Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The Div. OF Bev. of the State of Fla. v. Foremost-McKESSON, Inc.
  330 So. 2d 143· Fla.· 1976-03-31 ·cited 6×
  Foremost-McKesson sought renewal of its liquor distribution license in Florida, which was denied because of its ownership interest in an out-of-state rectifier. The Florida Supreme Court held that Foremost qualified for the grandfather clause exemption under Fla. Stat. § 561.24(5
• Teledyne Wisconsin Motor v. Local 283
  530 F.2d 727· 7th Cir.· 1976-01-26 ·cited 6×
  The court held that the Norris-LaGuardia Act's anti-injunction provisions barred federal court jurisdiction over the employer's request for an injunction against a work stoppage over overtime hours, as the collective bargaining agreement lacked both a 'no-strike' clause and a man
• MTM, Inc. v. Baxley
  523 F.2d 1255· 5th Cir.· 1975-11-24 ·cited 6×
  The court held that the district court correctly abstained from hearing the merits of the case under Younger v. Harris principles.
• Kabbaby v. Richardson
  520 F.2d 334· 5th Cir.· 1975-10-01 ·cited 6×
  The court held that an invalid jeopardy assessment and seizure cannot be considered an overpayment to offset prior tax liabilities.
• W. Va. Div. OF the Izaak Walton League OF Am., Inc. v. Butz
  522 F.2d 945· 4th Cir.· 1975-08-21 ·cited 6×
  The court held that the Organic Act of 1897 requires individual marking of trees to be cut, and that only dead, physiologically mature, or large growth trees may be sold, consistent with preserving younger growth.
• Griffith v. Nixon
  518 F.2d 1195· 2d Cir.· 1975-06-17 ·cited 6×
  The court held that the district court properly dismissed the action because it lacked personal jurisdiction over the defendants due to improper service of process.
• P. A. M. News Corp. v. Butz
  514 F.2d 272· D.C. Cir.· 1975-06-09 ·cited 6×
  The court held that the USDA's direct extension service for agricultural information was statutorily authorized and constitutionally permissible under the First Amendment, and that the agency had complied with the Administrative Procedure Act.
• Mason v. Ciccone
  517 F.2d 73· 8th Cir.· 1975-05-19 ·cited 6×
  The court held that a single, non-recurring incident of alleged assault and disagreement with medical treatment do not state a claim for habeas corpus relief.
• The AGE OF Majority Educ. Corp. v. Preller
  512 F.2d 1241· 4th Cir.· 1975-03-04 ·cited 6×
  The court held that while plaintiffs' claims for injunctive relief were barred by the doctrine of unclean hands, their claims for declaratory relief were not and must be adjudicated on the merits. The district court's dismissal of the declaratory judgment claims was reversed.
• Congoleum Indus., Inc. v. Armstrong Cork Co.
  510 F.2d 334· 3d Cir.· 1975-02-10 ·cited 6×
  The court affirmed the district court's findings that Congoleum's patents were valid and Armstrong's product infringed, and that Armstrong's arguments regarding discovery, misuse, and injunction breadth were without merit.
• City OF Miami Beach v. Hyman Uchitel
  305 So. 2d 281· Fla. 3d DCA· 1974-12-31 ·cited 6×
  The City of Miami Beach appealed a trial court judgment that allowed a restaurant operator to advertise his restaurant in a residential-zoned district. The court reversed, holding that advertising a restaurant through television and newspaper transforms it from a permitted access
• Tullock v. State Hwy. Comm'n OF Mo.
  507 F.2d 712· 8th Cir.· 1974-12-23 ·cited 6×
  A Department of Transportation regulation restricting relocation benefits conflicts with the Uniform Relocation Assistance Act and is therefore invalid.
• Valley Forge Flag Co., Inc. v. Thomas S. Kleppe Small Bus. Admin.
  506 F.2d 243· D.C. Cir.· 1974-10-17 ·cited 6×
  The court held that the Small Business Administration Administrator's actions were within the scope of his authority, and the plaintiff failed to demonstrate standing or meet the burden for a preliminary injunction or declaratory judgment.
• White v. Callaway
  501 F.2d 672· 5th Cir.· 1974-10-02 ·cited 6×
  The court held that the Army commander made a proper determination of unexcused absence based on available facts, adhering to its regulations, and thus the order for involuntary active duty was valid.
• Ferinand Graves v. Romney
  502 F.2d 1062· 8th Cir.· 1974-09-03 ·cited 6×
  The court held that the district court's permanent injunction was not a properly tailored remedy for the specific harms shown and remanded for the fashioning of a narrower injunction.
• Mosinee Paper Corp. v. Rondeau
  500 F.2d 1011· 7th Cir.· 1974-07-16 ·cited 6×
  The court held that a violation of Section 13(d) of the Williams Act, even if unintentional and subsequently cured by late filing, warrants equitable relief because it deprives the market and issuer of timely information regarding potential control shifts.
• Kodekey Elecs., Inc. v. The Mechanex Corp.
  500 F.2d 110· 10th Cir.· 1974-07-09 ·cited 6×
  The district court had the equitable power to modify its injunction to reflect the original intent and account for delays caused by the appellants' stays, and this modification did not violate Rule 60(b)(5).
• The Cnty. OF Nassau & the Nassau Cnty. Patrolmen's Benevolent Ass'n v. The Cost OF Living Council & the United States
  499 F.2d 1340· Temp. Emer. Ct. App.· 1974-06-27 ·cited 6×
  The court held that the district court's orders interfering with administrative proceedings were invalid and improperly granted, and that the appeal concerning intervention was moot.
• Mordecai Ague v. The Honorable Malcolm Wilson (as Successor in Off. to the Honorable Nelson A. Rockefeller)
  498 F.2d 961· 2d Cir.· 1974-05-24 ·cited 6×
  The court held that the plaintiff waived his right to a hearing by refusing to participate in state court proceedings and that his claims of constitutional violations were insubstantial.
• Kent v. The N. Cal. Reg'l Off. OF the Am. Friends Serv. Comm.
  497 F.2d 1325· 9th Cir.· 1974-05-10 ·cited 6×
  The court held that the district court properly dismissed the interpleader and injunctive relief actions because the trustees lacked standing and the interpleader statute's requirements were not met.
• Scott v. Jones
  492 F.2d 130· 5th Cir.· 1974-04-04 ·cited 6×
  The court held that the prisoner's transfer to state prison rendered his claims against county jail officials moot.
• Hoffman v. Int'l Longshoremen's & Warehousemen's Union
  492 F.2d 929· 9th Cir.· 1974-01-25 ·cited 6×
  The court held that the denial of a jury trial was proper for both civil and criminal contempt charges, as the penalties imposed did not constitutionally require a jury.
• Like v. Proctor Carter
  486 F.2d 552· 8th Cir.· 1973-11-01 ·cited 6×
  The court affirmed the denial of injunctive relief and retroactive benefits, holding that the Eleventh Amendment bars suits against the state for accrued past-due benefits.
• Ward v. Volpe
  484 F.2d 1230· 9th Cir.· 1973-09-18 ·cited 6×
  The court held that the Coast Guard's denial of the conscientious objector discharge had no basis in fact, as the applicant's objection crystallized after his enlistment.
• Mrs. Concha Lopez v. Luginbill
  483 F.2d 486· 10th Cir.· 1973-08-27 ·cited 6×
  The court held that the trial court lacked jurisdiction because the appellees failed to establish a cause of action under the Civil Rights Act or demonstrate the required jurisdictional amount, and no implied civil remedy exists for PAC members under Title I.
• Tosh v. Buddies Supermarkets, Inc.
  482 F.2d 329· 5th Cir.· 1973-06-22 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiffs failed to establish a claim under 42 U.S.C. § 1983 and that the state law libel and slander claim was unsupported by evidence of malice.
• Americans United FOR Separation OF Church & State v. Newell J. Paire
  475 F.2d 462· 1st Cir.· 1973-03-16 ·cited 6×
  A single district judge lacks jurisdiction to hear cases seeking to enjoin the enforcement of a state statute or regulation when injunctive relief is requested, even if that relief is sought against a specific local application of the statute. Such cases require a three-judge cou
• Cinecom Theaters Midwest States, Inc. v. The City OF Fort Wayne
  473 F.2d 1297· 7th Cir.· 1973-01-29 ·cited 6×
  A city ordinance prohibiting the exhibition of nudity visible from public streets in drive-in theaters is unconstitutional due to overbreadth, as it extends beyond permissible regulation of obscenity and infringes upon First Amendment rights.
• Swinney v. Royal J. Untreiner
  272 So. 2d 805· Fla.· 1973-01-22 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of Section 23 of the Escambia County Civil Service Act, which prohibits classified civil service employees from engaging in political activities, while striking down Section 18 which imposed criminal penalties for violations.
• Modular Constr., Inc. v. Owen
  270 So. 2d 753· Fla. 3d DCA· 1972-11-28 ·cited 6×
  The court held that a plaintiff's voluntary dismissal is an absolute right that terminates the action and divests the trial court of jurisdiction, and it was erroneously denied when attempted before submission of the case.
• Devlin v. Sosbe
  465 F.2d 169· 7th Cir.· 1972-07-31 ·cited 6×
  The court held that while the district court had jurisdiction, it properly declined to exercise it by abstaining, allowing state courts to interpret the ordinance.
• Equal Emp. Opportunity Comm'n v. Rogers Bros., Inc.
  470 F.2d 965· 5th Cir.· 1972-07-20 ·cited 6×
  The court held that the EEOC has statutory authority to seek injunctive relief for willful noncompliance with reporting requirements, and such relief is mandatory unless defendants prove no reasonable probability of future noncompliance.
• City OF Indian Harbour Beach v. City OF Melbourne
  265 So. 2d 422· Fla. 4th DCA· 1972-06-30 ·cited 6×
  Two Florida municipalities disputed authority to regulate water rates when Melbourne supplied water to Indian Harbour Beach residents without a franchise agreement. The court held that both cities' charter provisions were valid but could only be exercised pursuant to a franchise
• Am. Civil Liberties Union v. Laird
  463 F.2d 499· 7th Cir.· 1972-05-23 ·cited 6×
  The court held that the Supreme Court's holding in Tatum, which found allegations of harm from military surveillance not actionable, was dispositive of the current case as well.
• Padilla v. Hon. Harold J. Ackerman
  460 F.2d 477· 9th Cir.· 1972-05-05 ·cited 6×
  The court held that federal courts should not enjoin pending state criminal proceedings absent special circumstances, even in civil rights actions, and that declaratory relief is subject to the same standard.
• Potter v. Meier
  458 F.2d 585· 8th Cir.· 1972-04-04 ·cited 6×
  The court held that the district court erred in refusing to convene a three-judge court because the constitutional question presented was substantial.
• Lockheed AIR Terminal, Inc. v. The City OF Burbank
  457 F.2d 667· 9th Cir.· 1972-03-22 ·cited 6×
• Lalor v. Dade Cnty.
  258 So. 2d 843· Fla. 3d DCA· 1972-03-08 ·cited 6×
  Taxpayers and qualified electors of Dade County challenged a recall election for County Commissioner Ben Shepard, arguing that the petition signatures were insufficient and that holding the election would waste tax money. The trial court denied injunctive relief, and the appellat
• Grene v. Britton
  455 F.2d 473· 5th Cir.· 1972-01-26 ·cited 6×
  The court held that the prisoner's petition sufficiently alleged facts that, if proven, would entitle him to relief regarding denial of access to the courts.
• Spencer v. Kugler
  454 F.2d 839· 3d Cir.· 1972-01-24 ·cited 6×
  The court held that the single district judge did not err in dismissing Count One because the matter had already been adjudicated by a three-judge court, and the relief sought was injunctive in nature, not purely declaratory.
• Stewart v. Beto
  451 F.2d 185· 5th Cir.· 1971-11-10 ·cited 6×
  The court held that a hearing is required to determine the validity of the appellant's waiver of his right to appeal.
• Mayberry v. Prasse
  449 F.2d 1266· 3d Cir.· 1971-10-26 ·cited 6×
  The court held that the district court erred by dismissing the complaint without affording the parties an opportunity to be heard on the merits.
• Garza v. Smith
  450 F.2d 790· 5th Cir.· 1971-10-21 ·cited 6×
  The court held that the case was not ripe for appellate review because the lower court retained jurisdiction to grant injunctive relief, preventing a final judgment.
• Hodsdon v. Stabler
  444 F.2d 533· 3d Cir.· 1971-06-29 ·cited 6×
  Federal courts cannot grant declaratory or injunctive relief when a state criminal action is pending against the party seeking such relief.
• Taylor v. Houston Mun. Separate Sch. Dist.
  444 F.2d 118· 5th Cir.· 1971-06-07 ·cited 6×
  The court affirmed the district court's injunctive order, finding it was not an abuse of discretion and was necessary to ensure the plan to end the dual school system was implemented.
• Bresette v. Col. Clinton Knutson
  443 F.2d 179· 7th Cir.· 1971-05-26 ·cited 6×
  The court held that the plaintiff's letter did not constitute a prima facie claim for conscientious objector status, and therefore the local board was not required to reopen his classification after the induction order was issued.
• Agrati v. Honorable Melvin Laird
  440 F.2d 683· 9th Cir.· 1971-03-24 ·cited 6×
  The court held that a reservist's claim for an exception to Army hair regulations based on his acting career is a matter for the Army, not the courts, and does not violate due process or constitutional penumbra rights.
• Shahidah Graham v. Minter
  437 F.2d 427· 1st Cir.· 1971-03-03 ·cited 6×
  The denial of a temporary restraining order by a single judge in a case requiring a three-judge court is not immediately appealable.
• Town OF Belleair v. Moran
  244 So. 2d 532· Fla. 2d DCA· 1971-02-19 ·cited 6×
  Residents challenged rezoning ordinances enacted by the Town of Belleair, alleging they were improperly enacted at the instance of United States Steel Corporation and violated zoning criteria requiring consideration of public health, safety, and welfare. The court affirmed the de
• Nat'l Union Elec. Corp. v. Wilson
  434 F.2d 986· 6th Cir.· 1970-12-09 ·cited 6×
  The court held that the defendants were entitled to a jury trial on the legal claims, and the trial court erred in denying this right.