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

• Abramson v. Beer
  940 So. 2d 586· Fla. 4th DCA· 2006-10-30
  Abramson challenged Beer's candidacy for judicial office, arguing that Beer violated Florida's "resign-to-run" law by not resigning from his position as a civil traffic infraction hearing officer. The court held that hearing officers have no definite term of office and are theref
• In & for New Castle Cnty. Bertucci's Rest. Corp.
  Del. Ch.· 2003-11-21 ·via Mandatory Preliminary Injunction
  The court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff had not made a good faith effort to complete the permitting process. Specifically, the owner had not requested the necessary final inspections or paid outstanding sewer charges, which
• AIR Ambulance Prof'ls, Inc. v. Thin AIR, Inc.
  795 So. 2d 1073· Fla. 4th DCA· 2001-09-19
  Air Ambulance Professionals challenges a trial court order disbursing funds from a trust account established at the beginning of litigation. The appellate court affirms the disbursal, finding that Air Ambulance waived objections to the trust account requirement and failed to time
• Zedrick Barber v. City OF Riviera Beach
  764 So. 2d 602· Fla. 4th DCA· 2000-06-28
  Barber appeals the trial court's denial of his post-judgment motion for attorney's fees on remand, arguing the court erred in finding it lacked jurisdiction. The appellate court agrees and reverses, holding that trial courts retain jurisdiction to award prevailing party attorney'
• Isle OF Catalina Homeowners Ass'n, Inc. v. Janine M. Pardee
  739 So. 2d 664· Fla. 5th DCA· 1999-08-20
  The court held that the homeowners association failed to demonstrate that the property owner was required to obtain board approval for her fence construction under the applicable deed restrictions.
• Miami Lakes Civic Ass'n, Inc. v. Encinosa
  699 So. 2d 271· Fla. 3d DCA· 1997-08-20
  The Association appeals a final judgment in favor of a homeowner regarding restrictive covenants requiring architectural approval for structures on lakefront lots, and this court reverses that judgment.
• Pesut v. Nat'l Ass'n OF Sec. Dealers, Inc.
  687 So. 2d 881· Fla. 2d DCA· 1997-01-24
  Daniel Pesut, a former securities dealer, sought an injunction to compel the NASD to expunge allegedly defamatory U-5 forms from its records. The trial court dismissed the complaint against the NASD based on federal record retention requirements, but the appellate court reversed,
• Waibel v. Southwest Florida Water
  620 So. 2d 232· Fla. 2d DCA· 1993-06-16
  James Waibel appeals a judgment requiring him to complete a surface water management system, restore wetlands, pay a fine, and reimburse the Southwest Florida Water Management District's attorney's fees and costs. The appellate court affirmed the injunction and fine but reversed
• Harbour Watch Homeowners Ass'n, Inc. v. Derderian
  618 So. 2d 315· Fla. 2d DCA· 1993-05-05
  A homeowners association appealed the denial of a mandatory injunction to enforce a deed restriction prohibiting "for sale" signs against homeowners who displayed a small sign in their window. The court affirmed, holding that while the restriction itself is not facially invalid,
• United States v. Whizco, Inc.
  841 F.2d 147· 6th Cir.· 1988-03-07
  The court held that a debtor's obligation to reclaim a mine site is dischargeable in bankruptcy to the extent that fulfilling the obligation would require the debtor to spend money.
• Meredith v. Talbot Cnty.
  828 F.2d 228· 4th Cir.· 1987-09-08
  The court held that the district court did not err in abstaining under both the Burford and Pullman doctrines and dismissing the complaint.
• Peninsula Fed. Sav. & Loan Ass'n. v. Fed. Sav. & Loan Ins.
  663 F. Supp. 506· S.D. Fla.· 1987-06-11
  The court held that it has subject matter jurisdiction over claims that integrally involve adversarial rights arising during a receivership, even if they also involve pre-receivership claims, and therefore, exhaustion of administrative remedies is not required.
• Marlow Invs., N.V. v. S.A.B.T.C. Townhouse Ass'n, Inc.
  493 So. 2d 14· Fla. 5th DCA· 1986-07-17
  Marlow Investments, the original developer of a condominium association, guaranteed a $216,000 loan and sought equitable relief in the form of a mandatory injunction to compel the association to exonerate it from liability by paying the loan. The appellate court affirmed the tria
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Mozingo v. Metro. Dade Cnty.
  488 So. 2d 846· Fla. 3d DCA· 1986-04-22
  The court held that rescission of a settlement agreement is generally not available for delayed payment absent fraud, misrepresentation, or undue influence, but the appellant may amend his complaint for breach of contract.
• Clemente v. B & B Chem. Co., Inc.
  480 So. 2d 257· Fla. 3d DCA· 1985-12-31 ·via Temporary Mandatory Injunction
  The Florida District Court of Appeal reversed two non-final injunctive orders issued by the trial court in an environmental enforcement action brought by Dade County's DERM against B & B Chemical Company and its officers. The court held that the trial court lacked authority to en
• Supal v. Pelot
  469 So. 2d 949· Fla. 5th DCA· 1985-05-30
  Private property owners appealed a trial court's denial of their motion to dismiss a suit by two individuals seeking to establish a public road by prescription on the owners' land. The appellate court dismissed the appeal on jurisdictional grounds, holding that the denial of a mo
• Schultz v. Rainey
  467 So. 2d 834· Fla. 2d DCA· 1985-04-26
  The court held that the property appraiser is entitled to a ruling on the merits of his complaint, even if the tax collector cannot collect additional taxes for the current year.
• Spey v. Hayward T. Hayes
  440 So. 2d 599· Fla. 1st DCA· 1983-11-07
  The court affirmed the trial judge's discretionary determination that modified plans for property improvements would bring the property into compliance with Santa Rosa Island Protective Covenants, rejecting both the appellants' demand for destruction and the appellees' cross-appe
• Schulner v. Jack Eckerd Corp.
  572 F. Supp. 56· S.D. Fla.· 1983-08-09
  The court held that the defendants failed to prove the plaintiff did not mitigate damages and that their offered position was not comparable to the one from which he was terminated, and reduced liquidated damages due to some evidence of good faith.
• Kan. City Power & Light Co. v. The Pub. Serv. Comm'n OF Mo.
  651 F.2d 595· 8th Cir.· 1981-06-17
  The appeal is dismissed as moot because the underlying issues have been resolved through subsequent proceedings, and KCPL has not demonstrated a reasonable expectation of repetition evading review.
• The Paddington Corp. v. S. Wine & Spirits, Inc.
  397 So. 2d 958· Fla. 3d DCA· 1981-04-14
  Southern Wine and Spirits sought a mandatory injunction to compel Paddington Corporation to continue supplying Bailey's Irish Cream after its distribution rights were cut off. The court affirmed the trial court's issuance of a temporary mandatory injunction, holding that a distri
• Bayshore Coop., Inc. v. Russcol
  386 So. 2d 1207· Fla. 3d DCA· 1980-06-24
  Affirmed trial court's injunction preventing a housing cooperative from assessing carrying charges except in the proportionate shares specified in its occupancy agreement.
• Romak v. Naples Mobile Ests. Cmty. Ass'n, Inc.
  373 So. 2d 693· Fla. 2d DCA· 1979-07-06
  The court held that while the mandatory injunction for antenna removal was proper, the award of attorney's fees was not because it was based on an invalid amendment to the declaration.
• City OF Hallandale v. Leisure Colony Mgmt. Corp. & Dubussey Realty N. V.
  358 So. 2d 27· Fla.· 1978-04-13
• LAP v. Thibault
  348 So. 2d 622· Fla. 4th DCA· 1977-07-08
• Brazil v. Division OF Administration
  347 So. 2d 755· Fla. 1st DCA· 1977-06-21
  B & B Advertising Company challenged the Florida Department of Transportation's mandatory injunction to remove its billboard sign for violating federal Highway Beautification Act spacing requirements. The court upheld the injunction but reversed the denial of compensation, findin
• Albin C. Thompson, Jr. v. Nassau Cnty.
  343 So. 2d 965· Fla. 1st DCA· 1977-03-25
  The dissenting judge argued that probable cause existed to arrest the defendant based on the discovery of a cooker spoon with a white substance resembling heroin in the car where the defendant was a passenger.
• S. Bell Tel. & Tel. Co. v. Stradco, Inc.
  44 Fla. Supp. 41· Duval Cty. Cir. Ct.· 1976-05-27 ·via Temporary Mandatory Injunction
  Southern Bell Telephone sought a temporary mandatory injunction to repossess telephone equipment from three corporate defendants who refused to pay arrears of approximately $7,250.67 and prevented company access to the equipment. The court granted the injunction, and after the de
• Poerschke v. Fandrey
  324 So. 2d 99· Fla. 3d DCA· 1975-12-23
  Appellants Joanne Poerschke and her children appeal a final judgment awarding their parents/grandparents (the Fandreys) a mandatory injunction to return property, funds, and documents, plus a $69,300 judgment. The appellate court affirmed most of the judgment but reversed three p
• City of Coral Springs v. Broward Cnty. Air & Water Pollution Control Bd.
  39 Fla. Supp. 197· Broward Cty. Cir. Ct.· 1973-07-06
  The City of Coral Springs challenged two pollution control board regulations as exceeding statutory authority and denying equal protection. The court upheld both regulations and dissolved the preliminary injunction, requiring the city to comply with the stop order preventing new
• Taylor v. Major Harvey I. Chafitz
  461 F.2d 621· 3d Cir.· 1972-05-24
  The Army is not required to grant a medical examination or provide detailed reasons for retaining a reservist when the submitted documentation shows no substantial change in condition since prior examinations.
• Jennings v. The Meridian Mun. Separate Sch. Dist.
  453 F.2d 413· 5th Cir.· 1971-12-21
  The court held that the findings of professional incompetence were not clearly erroneous and that the plaintiff failed to prove racial motivation or violation of rights.
• Gorman v. Dunn
  451 F.2d 1227· 5th Cir.· 1971-11-29
  The appeal is dismissed as moot because the underlying issue, the removal of a detainer, has been resolved.
• Dubreuil v. Confederation Life Ass'n
  37 Fla. Supp. 100· Dade Cty. Cir. Ct.· 1970-12-02
  A Cuban insurance policyholder sued a Canadian insurance company doing business in Florida for mandatory injunction requiring payment of policy benefits in U.S. currency rather than Cuban pesos. The court dismissed the case on Act of State Doctrine grounds, holding that it lacks
• Rawlings v. Hardaway
  427 F.2d 1167· 4th Cir.· 1970-06-25
  The court held that the district court did not abuse its discretion in denying an interlocutory injunction because the petitioner failed to show irreparable harm or purposeful discrimination.
• Dedmond v. Escambia Cnty.
  33 Fla. Supp. 183· Escambia Cty. Cir. Ct.· 1970-04-07
  The court held that the county's award of a lease to the plaintiff did not create an enforceable contract until the lease agreement was formally executed and a performance bond was tendered and accepted.
• Grizzard v. City OF Leesburg
  34 Fla. Supp. 58· Lake Cty. Cir. Ct.· 1970-03-09
  Grizzard sued to establish the true boundary line of his property against a state road marker placed 50 feet from the road's center line, claiming the actual boundary was 30 feet from center. The court held that the public acquired only a 30-foot right-of-way by prescription, not
• Bank OF Am. v. Saville
  416 F.2d 265· 7th Cir.· 1969-06-10
  The court denied rehearing, finding no conflict with California precedent regarding conservatorship and capacity, and reaffirming its prior conclusion on undue influence.
• Connor v. Carlton
  31 Fla. Supp. 135· Martin Cty. Cir. Ct.· 1968-09-10
  The circuit court held that Florida's brucellosis eradication program, which required cattle owners to submit their animals for testing and mandatory slaughter of reactors without prior judicial hearing, violated constitutional due process rights when applied outside of epidemic
• Steed v. Kendall R. Graham
  211 So. 2d 230· Fla. 2d DCA· 1968-06-05
  Steed, a lessee in a cooperative apartment building, sued to enjoin other lessees from constructing enclosures at the ends of a common walkway on the east side of the building, alleging the enclosures violated his lease's provisions regarding quiet enjoyment and non-obstruction o
• Bd. of Pub. Instruction of Palm Beach Cnty. v. First Fla. Utils., Inc.
  29 Fla. Supp. 43· Palm Beach Cty. Cir. Ct.· 1967-09-29
  The Board of Public Instruction sought judicial enforcement of a Public Service Commission order requiring First Florida Utilities to provide water and sewer connections to a new school without charging a disputed $6,427.50 fee. The court held the utility company in contempt for
• Vanstone v. Whitelaw
  196 So. 2d 425· Fla.· 1967-02-22
  The Florida Supreme Court affirmed the denial of a motion for summary judgment in a nuisance abatement action involving nonresident defendants and real property located in Florida. The defendants challenged the exercise of in personam jurisdiction through constructive service of
• Int'l Bhd. of Teamsters v. Brotherhood of Railway and Steamship Clerks
  358 F.2d 540· D.C. Cir.· 1966-03-22
  The court held that the district court did not err in refusing to exercise equity jurisdiction to compel withdrawal of BRC's application, as the National Mediation Board had already interpreted the agreement at issue.
• AETNA Ins. Co. v. O'Keeffe
  356 F.2d 660· 5th Cir.· 1966-02-21
  The court held that the definition of 'employee' in the Nonappropriated Fund Instrumentalities Act is exclusive and does not exclude members of a vessel's crew, thus affirming the deputy commissioner's jurisdiction.
• Esteban v. Chappell
  358 F.2d 519· D.C. Cir.· 1966-02-02
• Marcus v. Orange Mem'l Hosp. Ass'n, Inc.
  25 Fla. Supp. 62· Orange Cty. Cir. Ct.· 1965-05-26
  The statutory procedure for civilly committing individuals nearing the end of their penal sentences to a Department of Correction institution, without the jury review and judicial determination of dangerousness afforded to others, violates the Equal Protection Clause of the Fourt
• Rodgers v. Kajax Realty Co.
  23 Fla. Supp. 54· Duval Cty. Cir. Ct.· 1963-12-18
  In this dispute over a water and sewer system serving a residential subdivision, the court found that Kajax Realty Company breached its maintenance obligations under a 1959 agreement with Rodgers but refused to enforce Rodgers' claimed right to forfeit the system, holding that fo
• Bayken v. United States Bd. OF Parole
  322 F.2d 430· D.C. Cir.· 1963-07-25
  The court held that the appellant's parole revocation was valid because he refused opportunities for a hearing with counsel and witnesses, distinguishing his case from precedent where the parolee denied the violation.
• Dade Cnty. v. Lamb
  21 Fla. Supp. 53· Dade Cty. Cir. Ct.· 1963-02-26
  The court held that defendants must remove obstructions in the Coral Gables Canal and are permanently enjoined from interfering with its flow and the county's maintenance, as the canal is part of a vital public water control system.