Injunctive Relief

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

• Larvictor Flournoy v. Moore
  752 So. 2d 35· Fla. 1st DCA· 2000-01-27 ·cited 4×
  The court held that a petition for writ of habeas corpus cannot be used to seek monetary damages or compel criminal charges.
• Allied Minority Contractors Ass'n, Inc. v. Broward Cnty. & Arena Dev. Co., Ltd.
  738 So. 2d 525· Fla. 4th DCA· 1999-08-18 ·cited 4×
  In a taxpayer suit challenging the legality of Broward County's contract to build a civic arena, the court affirmed the disqualification of plaintiffs and dismissal of their suit after finding they breached their fiduciary duty to taxpayers by demanding $5 million in personal com
• We're Assocs. VI Ltd. P'ship v. Curzon Dev. Corp.
  738 So. 2d 440· Fla. 4th DCA· 1999-07-21 ·cited 4×
  We're Associates VI appealed orders restricting its access to operating funds held in a Dean Witter account during mortgage foreclosure proceedings. The Fourth District reversed, holding that the trial court lacked authority to impose such restrictions absent a properly requested
• Leach-Wells v. City OF Bradenton
  734 So. 2d 1168· Fla. 2d DCA· 1999-06-18 ·cited 4×
  Dorothy Leach-Wells appealed a summary judgment dismissing her Sunshine Law claim against the City of Bradenton, arguing that an ad-hoc committee violated Florida's open-meeting law by failing to hold a public meeting before short-listing three contractors. The appellate court co
• State v. Seminole Tribe OF Florida
  720 So. 2d 270· Fla. 4th DCA· 1998-10-14 ·cited 4×
  The court held that the tribe's suit did not fall under the specific venue provisions of section 72.011, Florida Statutes, and therefore the Department of Revenue was entitled to transfer venue to its home county.
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Pavel Sebor and Brian Phillipson v. Dieter J. Rief
  706 So. 2d 52· Fla. 5th DCA· 1998-01-23 ·cited 4×
  The court held that the state court departed from the essential requirements of law by staying an earlier-filed state case pending resolution of a later-filed federal case, as prior precedent dictates against such stays under these circumstances.
• Ares v. Cypress Park Garden Homes I Condo. Ass'n, Inc.
  696 So. 2d 885· Fla. 2d DCA· 1997-06-13 ·cited 4×
  A condominium unit owner settled his claims against the association after alleging various statutory and bylaw violations. The court addressed which party prevailed on individual claims for purposes of awarding attorney's fees under the Florida Condominium Act, ultimately finding
• Maday's Wholesale Greenhouses, Inc. v. Indigo Grp., Inc.
  692 So. 2d 207· Fla. 5th DCA· 1997-03-21 ·cited 4×
  Maday's Wholesale Greenhouses sued Port Orange for damages and injunctive relief after the city accepted dedication of subdivision roads that allegedly altered natural water drainage and caused flooding on Maday's adjacent property. The court reversed the summary judgment for Por
• LEE Cnty. v. Fort Myers Airways, Inc.
  688 So. 2d 389· Fla. 2d DCA· 1997-02-07 ·cited 4×
  Lee County appeals a trial court's confirmation of an arbitrators' award in a real property lease dispute with Fort Myers Airways, Inc. The appellate court affirmed the monetary damages award but reversed the injunctive relief portion requiring Lee County to structurally maintain
• Kedac, Inc. v. Exp. Dev. Corp.
  685 So. 2d 97· Fla. 4th DCA· 1997-01-02 ·cited 4×
• First Pres. Cap., Inc. v. Smith Barney
  939 F. Supp. 1559· S.D. Fla.· 1996-08-14 ·cited 4×
  The court affirmed the arbitration panel's decision to dismiss the claims with prejudice, finding a rational basis for the sanction due to egregious discovery abuse.
• City Env't Servs. Landfill v. Holmes Cnty.
  677 So. 2d 1327· Fla. 1st DCA· 1996-08-05 ·cited 4×
  City Environmental Services sought to amend Holmes County's comprehensive land use plan to permit operation of a regional landfill on property it owned. The county commissioners denied the proposed amendments, and the circuit court upheld that denial as a legislative rather than
• P.T.S. Trading Corp. v. Habie
  673 So. 2d 498· Fla. 4th DCA· 1996-04-17 ·cited 4×
  The court held that the abuse of process action was without basis in law or fact and filed in bad faith, affirming the trial court's summary judgment.
• Weekley v. Pace Assembly Ministries, Inc.
  671 So. 2d 220· Fla. 1st DCA· 1996-04-04 ·cited 4×
  The appellate court reversed a lower court's dismissal of a count seeking injunctive relief for property flooding. The court found the dismissed count sufficiently alleged the elements required for injunctive relief, including irreparable injury and unreasonable harm from altered
• Speer v. Evangelisto
  662 So. 2d 1340· Fla. 2d DCA· 1995-11-15 ·cited 4×
  Speer and Saliu appealed an injunction ordering return of restaurant and bar equipment that had been removed from Florida premises. The court reversed the injunction, holding that because the property had already been removed from the state and the appellees could be fully compen
• LEE Cnty. v. Lippi
  662 So. 2d 1304· Fla. 2d DCA· 1995-10-25 ·cited 4×
  The court held that a county ordinance regulating personal watercraft use does not conflict with state statutes and is therefore valid.
• Handley v. Britton B. Dennis
  642 So. 2d 115· Fla. 1st DCA· 1994-09-08 ·cited 4×
  The public guardian for Florida's Second Judicial Circuit sought an injunction and declaratory judgment to prevent the transfer of his wards from Florida State Hospital to less-restrictive facilities outside his jurisdiction without his approval. The court held that a patient's c
• Howell v. Miller
  638 So. 2d 544· Fla. 2d DCA· 1994-05-13 ·cited 4×
  The Howells appeal a summary judgment that enjoined them from interfering with the Millers' use of a recorded easement across their property by erecting a fence. The court upheld the injunction but remanded the case for resolution of the Howells' counterclaim regarding the scope
• Spencer Pest Control Co. OF Fla., Inc. v. Smith
  637 So. 2d 292· Fla. 5th DCA· 1994-04-29 ·cited 4×
  Spencer Pest Control sought an injunction to enforce a noncompete agreement against its former manager Lewis Smith. The trial court denied the temporary injunction for lack of showing of irreparable injury, and the appellate court affirmed, holding that irreparable injury cannot
• Kurtz v. The City OF N. Miami
  625 So. 2d 899· Fla. 3d DCA· 1993-10-12 ·cited 4×
  The City of North Miami required job applicants to certify they had not used tobacco for one year prior to application, claiming to reduce health costs and absenteeism. The Florida Third District Court of Appeal held that this regulation violated the applicant's constitutional ri
• Morris v. Crow
  825 F. Supp. 295· M.D. Fla.· 1993-06-23 ·cited 4×
  The court denied motions to dismiss civil rights claims and individual punitive damages claims, but granted dismissal of official capacity punitive damages claims, deferring the ruling on injunctive relief.
• Montaner v. BIG Show Prods., S.A.
  620 So. 2d 246· Fla. 3d DCA· 1993-06-22 ·cited 4×
  The appellate court reversed a temporary injunction against a singer and his manager, finding that Florida courts cannot enforce personal service contracts through injunctions and that the foreign "Amparo" order was obtained in violation of due process standards due to inadequate
• Hous. Auth. of The City OF ST. Petersburg v. White
  617 So. 2d 717· Fla. 2d DCA· 1993-02-12 ·cited 4×
  The Housing Authority of St. Petersburg appealed a temporary injunction preventing it from conducting a pretermination hearing for its executive director Edward White unless the hearing followed procedures in the existing personnel policy manual. The court reversed, holding that
• Rackleff v. Texaco Trading & Transp., Inc.
  611 So. 2d 95· Fla. 1st DCA· 1992-12-31 ·cited 4×
  The court held that a lawful activity, not a nuisance per se, cannot be enjoined based solely on the potential for future harm or speculative risks.
• DiLAURA v. Klementowski
  982 F.2d 73· 2d Cir.· 1992-12-29 ·cited 4×
  The court held that Section 825p provides jurisdiction but not substantive rights for injunctive relief claims.
• Walker v. Crigler
  976 F.2d 900· 4th Cir.· 1992-10-05 ·cited 4×
  The dissenting judge argues that the majority's imposition of strict liability on property owners for agent discrimination under the Fair Housing Act is incorrect, as ordinary agency principles should apply.
• Aguilar-Ayala v. Cecilio Ruiz
  973 F.2d 411· 5th Cir.· 1992-09-25 ·cited 4×
  The court affirmed the denial of attorney's fees, holding that the government's position in resisting the litigation was substantially justified due to the unresolved legal issues surrounding the detention of alien material witnesses.
• Legalization Assistance Project OF the LOS Angeles Cnty. Fed'n OF Labor (AFL-CIO) v. Immigr. & Naturalization Serv.
  976 F.2d 1198· 9th Cir.· 1992-09-18 ·cited 4×
  The court held that the district court had subject matter jurisdiction, that organizational plaintiffs had standing, and that certain INS policies regarding legalization applicants under IRCA were ripe for review and contrary to law. The court affirmed in part, reversed in part,
• Md. Dep't OF Human Res. v. United States Dep't OF Agric.
  976 F.2d 1462· 4th Cir.· 1992-09-15 ·cited 4×
  The court vacated the preliminary injunction, but the concurring opinion argues against basing the decision on the Appropriations Clause.
• RUM Creek Coal Sales v. Caperton
  971 F.2d 1148· 4th Cir.· 1992-08-07 ·cited 4×
  The court held that West Virginia's Neutrality Statute, as interpreted and applied, was preempted by federal law because it impeded the federal purpose of protecting the free play of economic forces in labor disputes. The court also held that the district court's order regarding
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Neufeld v. The City OF Baltimore
  964 F.2d 347· 4th Cir.· 1992-05-19 ·cited 4×
  The district court improperly abstained under the Burford doctrine from exercising jurisdiction over a preemption claim and constitutional claims related to a local zoning ordinance.
• Aviles-Martinez v. Monroig
  963 F.2d 2· 1st Cir.· 1992-04-30 ·cited 4×
  The court affirmed dismissal of Aviles's claims and Flores's claim against Rivera, but reversed dismissal of Flores's claim against Jimenez, remanding for further proceedings.
• Brotherhood OF Maintenance OF WAY Employees v. Grand Trunk W. R.R. Co.
  961 F.2d 1245· 6th Cir.· 1992-04-17 ·cited 4×
  The court held that the district court lacked subject matter jurisdiction because the matter presented to the NMB was a representation dispute exclusively within the NMB's jurisdiction.
• ACF Indus., Inc. v. Dep't OF Revenue OF the State OF Or.
  961 F.2d 813· 9th Cir.· 1992-04-08 ·cited 4×
  The court held that Oregon's ad valorem property tax scheme, which exempted a substantial portion of non-railroad commercial and industrial property while taxing railroad property, constituted discriminatory treatment in violation of 49 U.S.C. § 11503(b)(4).
• The Vill. OF Kings Creek Condo. Ass'n, Inc. v. Goldberg
  596 So. 2d 1195· Fla. 3d DCA· 1992-04-07 ·cited 4×
  The Village of Kings Creek Condominium Association was not the prevailing party and therefore not entitled to attorney's fees under Florida Statutes Section 718.303(1) because the trial court's compromise solution—allowing the defendant to plant shrubbery instead of requiring rem
• Richmond Tenants Org. v. Kemp
  956 F.2d 1300· 4th Cir.· 1992-03-02 ·cited 4×
  The court held that the summary eviction of a public housing tenant without prior notice and an opportunity to be heard violates the Due Process Clause, except in exigent circumstances.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• Save Barton Creek Ass'n v. Fed. Hwy. Admin. (Fhwa) & Tex. State Dep't of Highways & Pub. Transp.
  950 F.2d 1129· 5th Cir.· 1992-01-17 ·cited 4×
  The court held that the highway projects did not constitute "major Federal actions" under NEPA because there was insufficient federal involvement, control, or approval, and therefore NEPA did not apply.
• Longo v. United States Postal Serv.
  953 F.2d 790· 2d Cir.· 1992-01-13 ·cited 4×
  The court held that the Postal Service regulation prohibiting campaigning for election to public office on postal property is a valid time, place, and manner restriction on speech, serving a significant government interest and leaving open alternative means of communication.
• Williams v. J.H. Griffin
  952 F.2d 820· 4th Cir.· 1991-12-30 ·cited 4×
  A verified complaint alleging unsanitary and overcrowded prison conditions, which raise genuine issues of material fact regarding Eighth Amendment violations and deliberate indifference, can withstand a motion for summary judgment.
• Native Vill. OF Venetie I.R.A. Council v. State OF Alaska
  944 F.2d 548· 9th Cir.· 1991-09-12 ·cited 4×
  The Ninth Circuit held that federal courts have jurisdiction over the plaintiffs' claims and that the Indian Child Welfare Act (ICWA) provides a federal cause of action for tribes and individuals to enforce its provisions, including the full faith and credit clause for tribal cou
• Mid-America Pipeline Co. v. Lario Enters., Inc.
  942 F.2d 1519· 10th Cir.· 1991-08-30 ·cited 4×
  The court held that the asphalt racetracks and increased overburden materially interfere with MAPCO's easement rights, and that damages are an inadequate remedy, thus reversing the denial of a mandatory injunction.
• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• In re Dep't of Energy Stripper Well Exemption Litig. Atl. Richfield Co. & Exxon Corp. v. State OF Alaska & U.S. Dep't of Energy
  945 F.2d 1575· Temp. Emer. Ct. App.· 1991-08-26 ·cited 4×
  The court held that it lacked jurisdiction over claims related to state tax assessments and implied contractual obligations under the Final Settlement Agreement, affirming the district court's dismissal.
• Gregory v. United States/United States Bankr. Court for the Dist. of Colo.
  942 F.2d 1498· 10th Cir.· 1991-08-26 ·cited 4×
  The court held that judicial and governmental defendants are immune from suit, and the bankruptcy trustee is also immune for actions taken in execution of court orders.
• Withrow v. Concannon
  942 F.2d 1385· 9th Cir.· 1991-08-19 ·cited 4×
  The court held that state officials administering large bureaucracies should not be held to a standard of near-perfect compliance, but rather 'substantial compliance'.
• Rigoberto Guerra, Jr. v. Scruggs
  942 F.2d 270· 4th Cir.· 1991-08-09 ·cited 4×
  The court held that a soldier challenging his discharge must exhaust administrative remedies and that the harm from a general discharge under honorable conditions is generally not sufficient to warrant injunctive relief, especially in military cases.
• Barlow-Gresham Union High Sch. Dist. NO. 2 v. Mitchell
  940 F.2d 1280· 9th Cir.· 1991-08-05 ·cited 4×
  Attorneys' fees are available under the HCPA when a case settles prior to a due process hearing, provided the parents are the prevailing party and no special circumstances justify denial.