Mandatory Injunction

564 Florida cases classified under this topic, plus 26 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Lottie Sykes Downing v. Bird
  100 So. 2d 57· Fla.· 1958-01-31 ·cited 173×
  Property owner Downing sought injunctive relief to remove a street and encroachments from her land. The Florida Supreme Court reversed the trial court's dismissal, holding that the City of Homestead failed to prove it acquired title by the statutory dedication provision or that t
• Meehan v. Macy
  392 F.2d 822· D.C. Cir.· 1968-04-18 ·cited 116×
  The court held that while the publication of intemperate and defamatory materials by a police officer against his superior could be grounds for discharge, the charges of failure to obey instructions and failure to obtain clearance were not adequately supported.
• State OF Ala. v. United States
  304 F.2d 583· 5th Cir.· 1962-06-01 ·cited 105×
  The court held that the Civil Rights Act of 1957, as amended, empowers federal district courts to issue mandatory injunctions ordering the registration of voters found to have been discriminatorily denied registration due to race.
• Wilson v. Sandstrom
  317 So. 2d 732· Fla.· 1975-07-21 ·cited 102×·via Temporary Mandatory Injunction
  Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
• Univ. OF S. Cal. v. Cost OF Living Council & Off. of Emergency Preparedness
  472 F.2d 1065· Temp. Emer. Ct. App.· 1972-09-18 ·cited 88×
  The court held that the agencies' interpretation of 'transaction' to mean the performance of the service (football game) rather than the sale of tickets was a reasonable interpretation of Executive Order 11615, and that the agencies had the power to require refunds.
• Parker v. United States
  153 F.2d 66· 1st Cir.· 1946-01-11 ·cited 88×
  A discharge in bankruptcy releases a bankrupt from liability for a compensatory fine imposed in a civil contempt proceeding, especially when the creditor for whose benefit the fine was imposed has proved the claim in bankruptcy.
• Bowling v. Nat'l Convoy & Trucking Co.
  101 Fla. 634· Fla.· 1931-05-26 ·cited 88×
  The Florida Supreme Court affirmed an interlocutory order denying mandatory injunctive relief in a contract dispute, while recognizing both that the underlying employment agreement created an agency coupled with an interest and that courts of equity possess authority to grant man
• Tyson v. Lanier
  156 So. 2d 833· Fla.· 1963-06-05 ·cited 86×
  The Florida Supreme Court held that §193.11(3), Florida Statutes, which requires assessment of agricultural lands on an acreage basis, is a valid legislative classification of property for tax purposes that does not violate the constitutional requirements for uniform taxation and
• Oscar T. Johnson et ux. v. Alfred B. Killian et ux.
  157 Fla. 754· Fla.· 1946-07-16 ·cited 81×
  The Florida Supreme Court reversed a decree granting a mandatory injunction to remove a cement block garage that had encroached onto the neighboring property, holding that the remedy was too drastic under the circumstances and that the property owners had an adequate remedy at la
• Hiles v. Auto Bahn Fed'n, Inc.
  498 So. 2d 997· Fla. 4th DCA· 1986-12-10 ·cited 79×·via Temporary Mandatory Injunction
  Peter Hiles and Auto Bahn Sales and Leasing, Inc. appealed from an interlocutory order granting a temporary mandatory injunction that prevented disposal of corporate assets. The Fourth District Court of Appeal reversed, holding that the appellees failed to demonstrate the prerequ
• Ezell Littleton v. Peyton Berbling
  468 F.2d 389· 7th Cir.· 1972-10-06 ·cited 79×
  The dissenting judge holds that federal courts lack the power to issue mandatory injunctions regulating the discretion of state court judges and prosecutors, and that state officials are immune from damage claims for acts within their official duties.
• Local 205 v. Gen. Elec. Co. (Telechron Dep't
  233 F.2d 85· 1st Cir.· 1956-04-25 ·cited 79×
  A federal district court has jurisdiction under § 301 of the Labor Management Relations Act to compel an employer to arbitrate a dispute, as the Norris-LaGuardia Act's restrictions on injunctions do not apply to orders compelling arbitration.
• Newman v. State OF Ala.
  683 F.2d 1312· 11th Cir.· 1982-08-09 ·cited 78×
  The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
• Taylor v. Fla. E. Coast Ry. Co.
  54 Fla. 635· Fla.· 1907-06-01 ·cited 68×
  The Florida Supreme Court reversed a trial court's dismissal of a bill for specific performance of a railroad contract, holding that the Florida East Coast Railway's agreement to maintain a spur track and depot near the Taylors' hotel and operate passenger trains thereon is enfor
• J. C. Vereen & Sons, Inc. v. Houser
  123 Fla. 641· Fla.· 1936-03-31 ·cited 66×
  The Florida Supreme Court reversed a lower court's dismissal of a bill of complaint seeking a mandatory injunction to remove eaves overhanging the plaintiff's property. The court held that an easement to maintain overhanging eaves cannot be acquired by prescription unless the use
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Viser v. Willard
  60 Fla. 395· Fla.· 1910-06-01 ·cited 64×
  A property owner sought equitable relief, including injunction and damages, for flooding caused by defendants' drainage ditches on adjacent land. The Florida Supreme Court affirmed the trial court's dismissal of the bill of complaint, finding no abuse of discretion in denying the
• Zetrouer v. Zetrouer
  89 Fla. 253· Fla.· 1925-03-16 ·cited 63×
  This case concerns a mandatory injunction granted to compel a landowner to remove fences obstructing a road. The appellate court affirmed the injunction, finding sufficient evidence of a prescriptive easement and irreparable harm to the complainant.
• Sardino v. The Fed. Reserve Bank OF NEW York & the Sec'y of the Treas. of the United States
  361 F.2d 106· 2d Cir.· 1966-04-22 ·cited 61×
  The court held that the Cuban Assets Control Regulations, issued under the Trading with the Enemy Act, were a valid exercise of presidential and congressional power, and did not violate the Fifth Amendment as applied to a non-resident alien's bank account.
• Adams v. Cyrus Vance
  570 F.2d 950· D.C. Cir.· 1978-01-17 ·cited 60×
  The court held that the district court's order compelling the Secretary of State to object to an International Whaling Commission action was an abuse of discretion, as it would cause substantial injury to U.S. foreign policy and conservation efforts.
• LEE v. Thos. B. Dowda & JOE C. Jenkins as citizens & taxpayers
  155 Fla. 68· Fla.· 1944-10-31 ·cited 59×
  The Florida Supreme Court held that Section 14 of the 1943 General Appropriation Bill, which prescribed accounting classifications for state disbursements, was unconstitutional as a violation of Article III, Section 30 of the Florida Constitution, which prohibits appropriation la
• Muzquiz v. City OF SAN Antonio
  528 F.2d 499· 5th Cir.· 1976-02-27 ·cited 58×
• Liza Danielle, Inc. v. Jamko, Inc.
  408 So. 2d 735· Fla. 3d DCA· 1982-01-12 ·cited 57×
  Jamko, Inc. sought an injunction against Moriber and Liza Danielle, Inc. for violating an exclusivity clause in Jamko's warehouse lease by leasing space to a competing shoe store. The court granted the injunction, but the appellate court reversed, holding that Jamko had an adequa
• United States v. Spectro Foods Corp.
  544 F.2d 1175· 3d Cir.· 1976-10-13 ·cited 56×
  The court held that certain provisions of the preliminary injunction were overly broad and unsupported by evidence, and that the civil contempt order, based on those provisions, must be vacated. The court also found that the contempt proceedings lacked due process for any potenti
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• Bd. OF Pub. Instruction OF Duval Cnty. v. Daly N. Braxton and Sharon Braxton
  326 F.2d 616· 5th Cir.· 1964-01-10 ·cited 56×
  The dissenting judge believes the order is not a final decision and that the majority erred in applying Brown v. Board of Education to racial personnel assignments without proof of injury.
• Nader v. Volpe
  466 F.2d 261· D.C. Cir.· 1972-02-17 ·cited 54×
  A district court lacks subject-matter jurisdiction to compel disclosure of intra-governmental communications during an ongoing administrative rulemaking proceeding when a specific statutory review process exists in the courts of appeals.
• Charlton v. United States & John W. Macy, Jr.
  412 F.2d 390· 3d Cir.· 1969-06-02 ·cited 54×
  The concurring judge agrees that the case must be remanded due to the district court's narrow scope of review but disagrees with the majority's inclusion of the substantial evidence test for reviewing government employee discharges.
• McCALL-BEY v. Franzen
  777 F.2d 1178· 7th Cir.· 1985-09-20 ·cited 53×
  Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
• United Steelworkers OF Am., AFL-CIO v. Am. Int'l Aluminum Corp.
  334 F.2d 147· 5th Cir.· 1964-07-09 ·cited 53×
  The court held that the pendency of Labor Board proceedings does not preclude compelling arbitration under § 301, and procedural arbitrability issues are for the arbitrator.
• Pierre v. United States
  525 F.2d 933· 5th Cir.· 1976-01-08 ·cited 52×
  Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
• Sterling Vill. Condo., Inc. v. Breitenbach
  251 So. 2d 685· Fla. 4th DCA· 1971-05-14 ·cited 52×
  Sterling Village Condominium, Inc. appealed a trial court's denial of a mandatory injunction requiring unit owners to remove glass jalousies and restore screened enclosures. The appellate court reversed, holding that substituting glass jalousies for wire screening constitutes a m
• Alexander v. Pac. Mar. Ass'n
  332 F.2d 266· 9th Cir.· 1964-05-06 ·cited 52×
  The court held that an order staying proceedings pending arbitration is not a final judgment appealable under 28 U.S.C. § 1291, nor is it an appealable injunction under 28 U.S.C. § 1292(a)(1) when the underlying action is essentially in equity.
• POE v. State Rd. Dep't of Fla.
  127 So. 2d 898· Fla. 1st DCA· 1961-03-07 ·cited 52×
  A landowner sought relief after a highway reconstruction project diverted surface waters onto his property, causing recurring flooding. The Florida District Court of Appeal affirmed dismissal based on res adjudicata, holding that the landowner's claims for consequential damages w
• Miami Beach Fed. Sav. & Loan Ass'n v. Callander
  256 F.2d 410· 5th Cir.· 1958-06-17 ·cited 52×
  The court held that the district court's order granting broad injunctive relief and mandating a special shareholder meeting was improper, exceeding its equity powers and the scope of a preliminary injunction.
• McCormick v. Bond
  75 Fla. 819· Fla.· 1918-04-26 ·cited 51×
  The Florida Supreme Court dismissed an appeal concerning a contract for county convict labor because the contract period had already expired, rendering the case moot. The court found that no practical relief could be granted.
• Constructores Civiles de Centroamerica v. Hannah
  459 F.2d 1183· D.C. Cir.· 1972-03-14 ·cited 50×
  A non-resident alien corporation has standing to challenge an agency's contract award decision under the Administrative Procedure Act, and sovereign immunity is waived by the Act's provision for judicial review.
• Fla. E. Coast Ry. Co. v. the State of Fla. by Fla. R.R. Comm'rs
  77 Fla. 571· Fla.· 1919-05-05 ·cited 48×
  The Florida Supreme Court upheld the Railroad Commissioners' authority to bring an equity suit compelling the Florida East Coast Railway Company to discover and refund overcharges collected in violation of a rate regulation. The court rejected the railroad's constitutional challe
• Abe Stein and Alice N. Stein v. Darby
  134 So. 2d 232· Fla.· 1961-10-11 ·cited 47×
  The Florida Supreme Court addressed a jurisdictional dispute regarding whether a District Court of Appeal had authority to review a trial court's ruling that a statute was unconstitutional as applied to specific facts. The court held that the District Court of Appeal properly exe
• Miami Bridge Co. v. THE Miami Beach Ry. Co.
  152 Fla. 458· Fla.· 1943-03-05 ·cited 47×
  The Miami Bridge Company appeals an order requiring it to allow the Miami Beach Railway Company to operate buses over its toll causeway and bridges upon payment of reasonable compensation. The court addresses whether a utility can be compelled to set rates and permit access to it
• Gellert v. E. AIR Lines, Inc.
  370 So. 2d 802· Fla. 3d DCA· 1979-04-17 ·cited 44×
  Pilot Dan Gellert sued Eastern Airlines for intentional infliction of severe emotional distress, claiming the airline retaliated against his safety criticisms by grounding him, reprimanding him, and mishandling his duty bid. The court affirmed judgment for Eastern, holding that F
• United States v. Joseph G. Moretti, Inc.
  478 F.2d 418· 5th Cir.· 1973-05-15 ·cited 44×
  The court held that while the district court had jurisdiction and the power to issue a mandatory injunction, the mandatory injunction requiring restoration must be vacated to allow the administrative process for an after-the-fact permit to be completed.
• Dania JAI Alai Int'l, Inc. v. Murua
  375 So. 2d 57· Fla. 4th DCA· 1979-09-26 ·cited 43×·via Temporary Mandatory Injunction
  A professional jai alai player sought reinstatement after being fired, obtaining a temporary mandatory injunction requiring his immediate reinstatement with back pay. The appellate court reversed, holding that breach of an employment contract does not ordinarily justify mandatory
• Estrada v. Ahrens
  296 F.2d 690· 5th Cir.· 1961-11-30 ·cited 43×
  Nonresident aliens absent from the country are entitled to judicial review under the Administrative Procedure Act for agency actions that aggrieve them, and the subordinate official with authority to act is an indispensable party.
• Creedon v. Randolph
  165 F.2d 918· 5th Cir.· 1948-01-20 ·cited 43×
  The court held that the Administrator could seek restitution of rent overcharges under Section 205(a) of the Price Control Act, even if equitable relief was not otherwise warranted.
• Wali v. Coughlin
  754 F.2d 1015· 2d Cir.· 1985-02-05 ·cited 42×
  The court held that the Commissioner's refusal to allow inmates to receive a critical report on prison conditions, without applying established censorship guidelines or demonstrating a clear and present danger, violated their rights.
• Momcilo Velickovich and Zorica Velickovich v. Ricci
  391 So. 2d 258· Fla. 4th DCA· 1980-11-26 ·cited 40×
  Landowners appealed a mandatory injunction requiring removal of a concrete block wall built in violation of a deed restriction. The court affirmed, holding that injunctive relief is the proper remedy for violations of restrictive covenants affecting real property because money da
• Seaboard All Fla. Ry. Co. v. Underhill
  105 Fla. 409· Fla.· 1932-05-03 ·cited 40×
  The Florida Supreme Court upheld a trial court's overruling of demurrers to a bill in equity seeking to enjoin a railroad company from obstructing surface water drainage, which caused periodic flooding of the complainants' agricultural land. The court held that a properly pleaded
• Zetrouer v. Zetrouer
  95 Fla. 976· Fla.· 1928-05-26 ·cited 39×
  The Florida Supreme Court affirmed a permanent mandatory injunction requiring a landowner to reopen public roads he had blocked. The court found sufficient evidence to support the lower court's decision, including testimony about long-term public use of the roads.
• Exhibitors Poster Exch., Inc. v. Nat'l Screen Serv. Corp.
  441 F.2d 560· 5th Cir.· 1971-04-30 ·cited 37×·via Mandatory Preliminary Injunction