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

• FOX v. Madsen
  12 So. 3d 1261· Fla. 4th DCA· 2009-07-01 ·cited 36×
  Fox homeowners appealed a mandatory injunction requiring removal of their driveway that violated restrictive covenants in their subdivision. The court affirmed, holding that the five-year statute of limitations for injunctive actions applied rather than the one-year limitations p
• Nat'l Labor Relations Bd. v. Hanes Hosiery Division-Hanes Corp.
  384 F.2d 188· 4th Cir.· 1967-10-03 ·cited 36×
  The court held that the National Labor Relations Board has the authority to issue subpoenas for employee names and addresses prior to a representation election, and that district courts have jurisdiction to enforce such subpoenas.
• Boucher v. Novotny
  102 So. 2d 132· Fla.· 1958-04-16 ·cited 36×
  The Florida Supreme Court affirmed dismissal of a suit by neighboring property owners seeking injunctive relief against alleged zoning ordinance violations, holding that private parties challenging municipal zoning violations must allege and prove special damages differing in kin
• Fink v. Cont'l Foundry & Mach. Co.
  240 F.2d 369· 7th Cir.· 1957-01-03 ·cited 36×
  The appeal is dismissed as moot because events occurring after the district court's judgment, including the sale of assets and commencement of liquidation, have rendered it impossible for the appellate court to grant effectual relief.
• McClosky v. Martin
  56 So.2d 916· Fla.· 1951-12-04 ·cited 36×
  The Florida Supreme Court affirmed a lower court's decision that a landlord's erection of a large sign on adjoining property, which blocked the view of a tenant's restaurant and materially damaged their business, constituted a nuisance. The court held that while a property owner
• Fla. E. Coast Ry. Co. v. Taylor
  56 Fla. 788· Fla.· 1908-06-01 ·cited 36×
  The Florida Supreme Court reversed a temporary mandatory injunction requiring a railroad company to construct a spur track and depot at Rockledge and operate passenger trains there. The Court held that mandatory injunctions requiring positive acts cannot be granted before final h
• In re Guardianship of Theresa Marie Schiavo v. Schiavo
  792 So. 2d 551· Fla. 2d DCA· 2001-07-11 ·cited 35×
  This consolidated appeal addresses whether parents of an incapacitated woman in a persistent vegetative state can challenge a guardianship court order authorizing discontinuation of life-prolonging procedures. The court holds that interested parties have standing to seek relief u
• United States v. Price
  688 F.2d 204· 3d Cir.· 1982-09-14 ·cited 35×
  The court affirmed the denial of a preliminary injunction, finding the district court did not abuse its discretion, but clarified that equitable relief, including monetary expenditures for studies, is permissible under RCRA and SDWA.
• Boire v. Pilot Freight Carriers, Inc.
  515 F.2d 1185· 5th Cir.· 1975-07-16 ·cited 35×
  The court held that the district court did not err in finding reasonable cause to believe unfair labor practices occurred and in granting prohibitory injunctive relief while denying mandatory relief, as § 10(j) relief is extraordinary and should not usurp the Board's primary func
• Parker v. United States
  126 F.2d 370· 1st Cir.· 1942-02-03 ·cited 35×
  The court held that Howard B. Parker could not be held in civil contempt and committed to jail based on Green Valley Creamery's inability to comply with court orders, as Parker's actions, while rendering the corporation incapable, did not make its obligations his personal debt, a
• E. H. Kellerman & Frank Whitelock v. Chase & Co.
  101 Fla. 785· Fla.· 1931-06-04 ·cited 35×
  This case involves a dispute over a contract for the delivery of a tomato crop. The court affirmed the issuance of a mandatory injunction compelling the growers to deliver their crop to Chase & Company as per their contract, despite the growers' attempt to breach the agreement.
• Jacobson & Co., Inc. v. Armstrong Cork Co.
  548 F.2d 438· 2d Cir.· 1977-01-25 ·cited 34×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the plaintiff raised sufficiently serious questions going to the merits and demonstrated a balance of hardships tipping decidedly in its favor.
• United Elec. Contractors Ass'n v. Ordman
  366 F.2d 776· 2d Cir.· 1966-09-23 ·cited 34×
  District courts cannot review the General Counsel's discretion in issuing unfair labor practice complaints.
• W. Coast Exploration Co. v. McKAY
  213 F.2d 582· D.C. Cir.· 1954-01-26 ·cited 34×
  The court held that the District Court had jurisdiction to hear the case but should have dismissed it for lack of jurisdiction on the merits, and therefore remanded with directions to dismiss.
• Brown v. Hecht Co.
  137 F.2d 689· D.C. Cir.· 1943-07-22 ·cited 34×
  The court held that the District Court had the discretion to refuse injunctive relief under the Price Control Act when the defendant demonstrated good faith compliance and no likelihood of future violations.
• Dolphin Towers Condo. Ass'n, Inc. v. DEL Bene
  388 So. 2d 1268· Fla. 2d DCA· 1980-09-17 ·cited 32×
  The court held that a condominium association becomes the prevailing party entitled to attorney fees under Florida's Condominium Act when a unit owner voluntarily dismisses their action against the association, even if the owner subsequently files an identical suit.
• Jefferson Nat'l Bank AT Sunny Isles v. Metro. Dade Cnty.
  271 So. 2d 207· Fla. 3d DCA· 1972-12-12 ·cited 32×
  Waterfront lot owners in a Florida subdivision unlawfully extended their properties into Bella Vista Bay by filling beyond an established bulkhead line without permits. The trial court properly held that state and county regulations controlling navigable waters applied regardless
• Haas v. Jefferson Nat'l Bank OF Miami Beach
  442 F.2d 394· 5th Cir.· 1971-04-22 ·cited 32×
  The court held that the district court did not abuse its discretion in finding Charles H. Glueck an indispensable party and dismissing the action for lack of complete diversity.
• Marietta Norton v. The Discipline Comm. OF E. Tenn. State Univ.
  419 F.2d 195· 6th Cir.· 1969-11-28 ·cited 32×
  The court held that the students' distribution of leaflets constituted protected First Amendment activity, and the university's indefinite suspension was not justified by a clear and present danger of disruption or material interference with university activities.
• Ramsburg v. Am. Inv. Co. OF Ill.
  231 F.2d 333· 7th Cir.· 1956-01-27 ·cited 32×
  The court held that an appeal from an order denying a temporary injunction is not moot, even if the merger has been completed, because a court of equity has the power to restore the status quo through a mandatory injunction.
• Cardinal Inv. Grp., Inc. v. Giles
  813 So. 2d 262· Fla. 4th DCA· 2002-04-10 ·cited 31×
  Cardinal Investment Group appeals a mandatory injunction requiring it to install a new air-conditioning system in a building leased to gym operator Terry Giles. The Fourth District Court of Appeal reverses, holding that the trial court exceeded its authority by granting injunctiv
• Carpet v. Brown
  656 F.2d 564· 10th Cir.· 1981-07-30 ·cited 31×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs' allegations, if proven, could support mandamus or mandatory injunction relief.
• Solomon Feldman, Jr. v. State Bd. OF LAW Exam'rs
  438 F.2d 699· 8th Cir.· 1971-03-03 ·cited 30×
  The court held that a federal court cannot review the grading of bar examination papers or grant injunctive relief for alleged grading errors or discrimination, as such matters must first be addressed by the state's highest court.
• Potrero Hill Cmty. Action Comm. v. The Hous. Auth. OF the City & Cnty. OF SAN Francisco
  410 F.2d 974· 9th Cir.· 1969-04-24 ·cited 30×
  The court held that the tenants' claims could not be aggregated to meet the $10,000 amount in controversy requirement for federal question jurisdiction under 28 U.S.C. § 1331 because they did not assert a single right in which they had a common and undivided interest.
• Retail Clerks Union Local 1222, AFL-CIO v. Alfred M. Lewis, Inc.
  327 F.2d 442· 9th Cir.· 1964-02-03 ·cited 30×
  The court held that federal district courts have jurisdiction under Section 301(a) of the Labor-Management Relations Act to enforce collective bargaining agreements, and that the Norris-LaGuardia Act does not bar such enforcement actions when they do not involve enjoining specifi
• Indep. Petroleum Workers of N.J. v. Esso Standard OIL Co.
  235 F.2d 401· 3d Cir.· 1956-06-26 ·cited 30×
  A federal district court has jurisdiction under Section 301 of the Labor Management Relations Act to decree specific performance of a collective bargaining agreement provision requiring negotiation on salary rates for new job classifications.
• Washingtonian Apt. Hotel Co. v. Schneider
  75 So. 2d 907· Fla.· 1954-11-16 ·cited 30×
  The Florida Supreme Court reversed a decree granting a mandatory injunction to force removal of a building encroachment. The court held that the covenant restricting building construction to ten feet from the property line did not run with the land because it was limited to the o
• Robinson v. Feltus
  68 So. 2d 815· Fla.· 1953-12-18 ·cited 30×
  Robinson, a tenant under a 99-year lease, sought to compel removal of a landlord's encroachments onto a parking easement and obtain abatement of rent. The Florida Supreme Court affirmed dismissal of the bill, holding that an easement with specified width dimensions should be inte
• Am. Fire & Cas. Co. v. Rader
  160 Fla. 700· Fla.· 1948-07-16 ·cited 30×
  The court held that the bill of complaint did not state a case for injunctive relief and that the temporary orders were improperly granted without notice.
• Lee v. Beach Publ'g Co.
  127 Fla. 600· Fla.· 1937-03-29 ·cited 29×
  The Florida Supreme Court affirmed a permanent injunction requiring Miami's police department to allow a newspaper's reporters and photographers to gather news and inspect police records in accordance with the city charter, while preserving the department's ability to protect leg
• Westland Skating Ctr., Inc. v. GUS MacHado Buick, Inc.
  542 So. 2d 959· Fla.· 1989-03-30 ·cited 28×
  Florida Supreme Court adopts the reasonable use rule for surface water interference disputes, replacing strict common enemy and civil law doctrines. The court reverses the Third District's decision applying the strict civil law rule and remands for a new trial, holding that reaso
• Seigle v. Barry
  422 So. 2d 63· Fla. 4th DCA· 1982-11-17 ·cited 28×
  This case addresses whether the Public Records Act requires government agencies to provide computerized public records in a particular format requested by an applicant. The Florida appellate court held that while computer-stored information is public record, agencies need only pr
• Crowley v. Local NO. 82
  679 F.2d 978· 1st Cir.· 1982-05-21 ·cited 28×
  The court's interpretation of the statutory scheme, allowing a district court to invalidate an election and order a new one under its supervision after balloting has commenced, is incorrect.
• United States v. Bedford Assocs.
  618 F.2d 904· 2d Cir.· 1980-02-05 ·cited 28×
  The court held that it had jurisdiction to hear the government's appeal from the preliminary injunction's condition requiring payment of utilities, and that the district court had jurisdiction to impose such a condition, but the injunction must be modified.
• Ballerina PEN Co. v. Kunzig
  433 F.2d 1204· D.C. Cir.· 1970-04-24 ·cited 28×
  Appellants have standing to challenge the Committee's actions regarding the inclusion of ball point pens and refills on the Schedule of Blind-Made Products.
• United States v. Katherine Ward (Louisiana)
  349 F.2d 795· 5th Cir.· 1965-08-11 ·cited 28×
  The court held that a 'freeze order' is mandatory, not discretionary, in pattern or practice discrimination cases to eradicate past discriminatory effects and prevent future ones, requiring application of prior, less stringent standards to currently eligible Negro applicants.
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×
  The court granted an injunction pending appeal regarding desegregation efforts.
• Lovey v. Escambia Cnty.
  141 So. 2d 761· Fla. 1st DCA· 1962-06-05 ·cited 28×
  Plaintiffs appealed the denial of an injunction against Escambia County and Southern Bell to prevent use of a public road crossing their property. The court affirmed, holding that Florida Statute § 337.31 creates a conclusive presumption of dedication to the public when a county
• United Protective Workers of Am. v. Ford Motor Co.
  194 F.2d 997· 7th Cir.· 1952-03-14 ·cited 28×
• Pelican Island Prop. Owners Ass'n, Inc. v. Murphy
  554 So. 2d 1179· Fla. 2d DCA· 1989-11-17 ·cited 27×
  A property owners association sought a mandatory injunction to remove an aluminum carport constructed by homeowners in violation of deed restrictions requiring architectural approval and masonry materials. The trial court denied the injunction, but the appellate court reversed, h
• FOX v. City OF W. Palm Beach
  383 F.2d 189· 5th Cir.· 1967-09-26 ·cited 27×
  The court held that the district court's order denying mandatory injunctive relief was appealable as a final decision under 28 U.S.C. § 1291, and that the denial of leave to amend the complaint was not an abuse of discretion.
• Friends FOR ALL Child., Inc. v. Lockheed Aircraft Corp.
  746 F.2d 816· D.C. Cir.· 1984-10-12 ·cited 26×
  The court held that District of Columbia tort law recognizes a cause of action for the cost of diagnostic examinations necessitated by a defendant's negligence, even in the absence of proven physical injury, and that a mandatory preliminary injunction requiring the defendant to f
• Belknap v. Leary
  427 F.2d 496· 2d Cir.· 1970-05-29 ·cited 26×
  The court held that a temporary restraining order, even if short-lived, can be appealable if it functions as a mandatory injunction. However, the order in this case was vacated as an abuse of discretion.
• NEW Orleans S.S. Ass'n v. General Longshore Workers
  389 F.2d 369· 5th Cir.· 1968-01-26 ·cited 26×
  A federal court has jurisdiction to enforce an arbitrator's cease and desist order regarding work stoppages, even though the Norris-LaGuardia Act generally prohibits injunctions in labor disputes.
• United States v. Bd. OF Educ. OF Greene Cnty.
  332 F.2d 40· 5th Cir.· 1964-05-15 ·cited 26×
  The appellate court affirmed the trial court's decision, finding no clear error in the factual findings and no abuse of discretion in denying the injunction.
• Glenn v. Reed
  289 F.2d 462· D.C. Cir.· 1961-04-07 ·cited 26×
  The court held that an offer of counsel 17 months after an invalid parole revocation hearing does not cure the defect, and the prisoner must be released.
• Fla. State Tpk. Auth. v. Anhoco Corp.
  116 So. 2d 8· Fla.· 1959-06-10 ·cited 26×
  The Florida Supreme Court resolved conflicting interpretations of a "Right-of-Way Deed" between the State Road Department/Dade County and theater operators regarding property access along State Road 826. The Court held that the deed created only an additional easement rather than
• Hahn v. Gray, Jr.
  203 F.2d 625· D.C. Cir.· 1953-04-02 ·cited 26×
  The court held that the Economy Act divested federal courts of jurisdiction to review the Administrator's decision regarding pension benefits, and even if review were possible, the annulment decree did not retroactively validate the plaintiff's status as an unremarried widow.
• Johnson v. Riverland Levee Dist.
  117 F.2d 711· 8th Cir.· 1941-02-14 ·cited 26×
  The court held that the federal court lacked jurisdiction due to destroyed diversity of citizenship and the existence of an adequate remedy at law under Missouri statutes, precluding equitable relief.
• DELTA Gen. Corp. v. Priess
  389 So. 2d 1083· Fla. 3d DCA· 1980-11-04 ·cited 25×
  A mandatory injunction cannot be granted prior to a final hearing unless the right is clear and free from doubt.