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

• Dudley v. Orange Cnty.
  137 So. 2d 859· Fla. 2d DCA· 1962-02-16 ·cited 25×
  Property owners sought injunctive relief and damages after Orange County built dams on Long Lake that allegedly raised water levels during a natural disaster, causing flooding of their lands and businesses. The trial court denied relief, finding the county's actions were temporar
• Hunt Land Holding Co. v. Schramm
  121 So. 2d 697· Fla. 2d DCA· 1960-06-24 ·cited 25×
  Hunt Land Holding Company appealed a mandatory injunction requiring removal of a dam across a drainage ditch. The court affirmed, holding that an easement by prescription can be created without exclusive use if the use is open, notorious, continuous, and inconsistent with the own
• W.J. Spradley, Jr. v. OLD Harmony Baptist Church
  721 So. 2d 735· Fla. 1st DCA· 1998-07-27 ·cited 24×
  The court reversed an injunctive order issued by the trial court that imposed requirements on the appellants regarding use of disputed property by a church, finding the injunction was legally insufficient because it was entered sua sponte without a proper request, contained manda
• ST. Lawrence Co., N.V. v. Alkow Realty, Inc.
  453 So. 2d 514· Fla. 4th DCA· 1984-08-01 ·cited 24×·via Temporary Mandatory Injunction
  A temporary mandatory injunction freezing $250,000 in sale proceeds to secure a brokerage commission claim was reversed because an action for money damages on an oral contract does not qualify for equitable relief merely because collectibility is uncertain.
• Mock v. U. S. Bd. OF Parole
  345 F.2d 737· D.C. Cir.· 1965-04-08 ·cited 24×
  The court held that the district court correctly dismissed the suit, as the issue of how the unserved portion of a prior sentence should be treated in light of an unexecuted parole violator warrant is a matter for the sentencing court, not the district court where the declaratory
• Lanier v. Tyson
  147 So. 2d 365· Fla. 2d DCA· 1962-08-22 ·cited 24×
  The court reversed a decree invalidating a 1960 tax assessment of agricultural lands, holding that Florida Statutes § 193.11(3), which requires agricultural lands to be assessed "as agricultural lands" on an acreage basis, does not mandate assessment based solely on agricultural
• Gainey v. Brotherhood OF Railway AND Steamship Clerks
  275 F.2d 342· 3d Cir.· 1960-02-24 ·cited 24×
  The court held that the National Railroad Adjustment Board has primary jurisdiction over disputes concerning the interpretation or application of collective bargaining agreements, and that plaintiffs failed to exhaust internal union remedies.
• Groff G.M.C. Trucks, Inc. v. Driggers
  101 So. 2d 58· Fla. 1st DCA· 1958-02-25 ·cited 24×
  A court of equity may enjoin its citizens from prosecuting vexatious or harassing suits in sister states when the plaintiff has an adequate remedy in the enjoining state and the mandatory injunction serves clear equitable purposes, though the bond amount must be sufficient to pro
• McDOWELL v. Trs. OF The Internal Improvement Fund OF The State OF Fla.
  90 So. 2d 715· Fla.· 1956-11-14 ·cited 24×
  The Florida Supreme Court affirmed an injunction against property owners from dredging Lake Ariana, a navigable, meandered lake whose bottom is owned by the State in trust for public use. The court reversed in part to require the lower court to determine the extent of sovereignty
• Deak v. Pace, Jr.
  185 F.2d 997· D.C. Cir.· 1950-12-07 ·cited 24×
  The court held that the Secretary of War failed to provide civilian employees with sufficient information regarding the reasons for their removal, thus violating their statutory rights.
• Price v. Gordon
  129 Fla. 715· Fla.· 1937-10-28 ·cited 24×
  The Florida Supreme Court affirmed an equity court's issuance of a mandatory injunction requiring return of personal property (clothing and medicines) that the Prices wrongfully refused to return to the Gordons, guests of a lessee, finding that equity jurisdiction was proper beca
• Eco-Tradition, LLC v. Pennzoil-Quaker State Co.
  137 So. 3d 495· Fla. 4th DCA· 2014-03-26 ·cited 23×
  Eco-Tradition appeals a trial court's grant of partial summary judgment in favor of Pennzoil, which sought injunctive relief to inspect property secured by a mortgage. The Fourth District reversed, holding that summary judgment was improper because Pennzoil failed to present admi
• Digaeteno v. Sandro Perotti
  374 So. 2d 1015· Fla. 3d DCA· 1979-07-10 ·cited 23×
  Sandro Perotti sued Fincredito Trust Corporation for conversion and fraud after Fincredito failed to return his $33,500 deposit submitted with a loan application. The trial court issued preliminary mandatory injunctions requiring Fincredito to deposit the funds in court and restr
• Europco Mgmt. Co. OF Am. v. Smith
  572 So. 2d 963· Fla. 1st DCA· 1990-12-17 ·cited 22×
  Europco Management Company, developer of Southwind II, appealed dismissal of its action seeking to enforce protective covenants against homeowners who built an unpermitted screen porch addition. The court reversed, holding that Europco established a prima facie case of covenant v
• Monell v. Golfview Rd. Ass'n
  359 So. 2d 2· Fla. 4th DCA· 1978-05-02 ·cited 22×
  The court held that the doctrine of balancing conveniences was improperly applied, and the trial court should have granted an injunction to remove the speed bumps.
• Joseph Skillken & Co. v. City OF Toledo
  528 F.2d 867· 6th Cir.· 1975-12-10 ·cited 22×
  The court held that the District Court erred in denying intervention and in ordering a comprehensive plan for eliminating discriminatory housing barriers.
• United Bonding Ins. Co. v. Stein
  410 F.2d 483· 3d Cir.· 1969-05-09 ·cited 22×
  An order granting partial summary judgment for specific performance of a collateral deposit provision in an indemnity agreement is not a final decision and is not appealable as an injunction.
• Potwora v. Dillon
  386 F.2d 74· 2d Cir.· 1967-11-15 ·cited 22×
  The court held that the district court erred in denying a mandatory injunction for the return of books seized under a warrant, as state remedies were not adequate for prompt protection of First Amendment rights.
• The First Nat'l Bank IN ST. Petersburg v. Ferris
  156 So. 2d 421· Fla. 2d DCA· 1963-09-06 ·cited 22×
  The First National Bank appealed an interlocutory order denying its motion to dismiss a complaint seeking mandatory injunctive relief to compel the bank to replace corporate stock it allegedly sold wrongfully as collateral. The court reversed, holding that the complainant failed
• Surprenant MFG. Co. v. Alpert
  318 F.2d 396· 1st Cir.· 1963-06-04 ·cited 22×
  The court held that a district court lacks jurisdiction to compel the National Labor Relations Board to count impounded ballots when the employer's claim hinges on the Board's determination of an unfair labor practice.
• Fla. State Tpk. Auth. v. Anhoco Corp.
  107 So. 2d 51· Fla. 3d DCA· 1958-11-18 ·cited 22×
  This interlocutory appeal addresses title to a 14-foot strip of land taken during the conversion of a state road into a limited access highway. The court holds that the property owners retained title to the disputed strip but reverses findings allowing recovery for business losse
• Mansfield Hardwood Lumber Co. v. Hattie A. Johnson
  242 F.2d 45· 5th Cir.· 1957-03-01 ·cited 22×
  The appellate court affirmed the interlocutory injunction, finding the district court did not abuse its discretion in granting it to preserve the status quo and prevent irreparable harm.
• O'Malley v. Chrysler Corp.
  160 F.2d 35· 7th Cir.· 1947-02-19 ·cited 22×
  The court held that the order compelling the defendant to compute overtime hours was a procedural discovery order, not an interlocutory mandatory injunction, and therefore not immediately appealable.
• State v. The Bd. of Trs. of The Salvation Army
  102 Fla. 219· Fla.· 1931-06-28 ·cited 22×
  The Florida Supreme Court denied a writ of prohibition sought by George Meredith to stop equity proceedings brought by The Salvation Army's Board of Trustees to enjoin him from removing personal property from a charitable home for girls after his removal as superintendent. The Co
• Schmidt v. Sherrill
  442 So. 2d 963· Fla. 4th DCA· 1983-09-07 ·cited 21×
  This consolidated condominium dispute concerns whether unit owners violated a declaration of condominium by partially enclosing their balconies with sliding glass windows without unanimous consent. The court held that the alterations violated the declaration's restrictions on mod
• Leong T. MAR and Thick Gon Mar v. Kleppe
  520 F.2d 867· 10th Cir.· 1975-07-16 ·cited 21×
  The court held that the Small Business Administration Administrator can be sued in district court for damages, and that plaintiffs are entitled to an opportunity to state a claim for declaratory relief.
• Tr. Co. of Fla. & Marion Mortg. Co. v. Crider
  102 Fla. 593· Fla.· 1931-07-28 ·cited 21×
  The Florida Supreme Court reversed a chancellor's order granting a mandatory injunction without notice in a bill of complaint that was verified only upon information and belief, lacked allegations of insolvency, and was multifarious due to the misjoinder of parties with distinct
• In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti
  773 So. 2d 1206· Fla. 3d DCA· 2000-12-06 ·cited 20×
  The Estate of Giorgio Barsanti appeals the denial of a preliminary injunction to recover two bearer stock certificates representing 16,500 shares of Conakry stock that disappeared from the personal representative's possession. The court reversed, holding that a probate court has
• E. Fed. Corp. v. State Off. Supply Co., Inc.
  646 So. 2d 737· Fla. 1st DCA· 1994-06-14 ·cited 20×
  Eastern Federal Corporation, the owner of a shopping center, appealed from a permanent mandatory injunction preventing it from unreasonably withholding consent to subtenants proposed by State Office Supply Company. The court affirmed the injunction but modified it to permit Easte
• Reubin O'D. Askew v. Gables-By-The-Sea, Inc.
  333 So. 2d 56· Fla. 1st DCA· 1976-06-03 ·cited 20×
  The Florida Supreme Court affirmed a trial court's decision granting a mandatory injunction requiring the State to institute condemnation proceedings against property it had sold to Gables-By-The-Sea, Inc. The State had unlawfully revoked dredge and fill permits, rendering the su
• Pac. Fruit Express Co. v. Akron
  524 F.2d 1025· 9th Cir.· 1975-08-28 ·cited 20×
  The court held that the district court properly granted summary judgment for injunctive relief, finding no genuine issue of material fact regarding the railroads' obligation to negotiate new contracts under the ICC's 1962 order.
• City OF Naples v. Cent. Plaza OF Naples, Inc.
  303 So. 2d 423· Fla. 2d DCA· 1974-11-08 ·cited 20×
  The court held that the City Council's denial of a special exception for multifamily housing was arbitrary and unreasonable because the proposed project complied with all relevant zoning standards.
• R. C. #17 Corp. v. Korenblit
  207 So. 2d 296· Fla. 3d DCA· 1968-02-13 ·cited 20×
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a circuit judge in an equity case could properly order a jury trial to determine compensatory and punitive damages. The court held that while compensatory damages may be awarded as an incident to
• Gallagher v. Quinn
  363 F.2d 301· D.C. Cir.· 1966-05-24 ·cited 20×
  The court held that the distinction in review provisions for military cases, requiring review for general/flag officers but not others, is a reasonable classification and does not violate the Due Process Clause of the Fifth Amendment.
• Mauriece Coffman and Shirley v. Coffman
  177 So. 2d 25· Fla. 1st DCA· 1965-06-15 ·cited 20×
  Homeowners in Highland Park Subdivision sought to enjoin defendants from constructing a multi-unit apartment house on a parcel they claimed was subject to restrictive covenants limiting the property to single-family residential use. The appellate court reversed the lower court's
• Mayes Printing Co. v. Flowers
  154 So. 2d 859· Fla. 1st DCA· 1963-06-11 ·cited 20×
  Mayes Printing Company appealed from a decree denying its claim for payment on office equipment sold to Escambia County and requiring it to refund previously paid sums. The court held that the county's purchase violated Florida's competitive bidding statute because the plaintiff
• Local Lodge 2040, Int'l Ass'n OF MacHinists, AFL-CIO v. Servel, Inc.
  268 F.2d 692· 7th Cir.· 1959-06-24 ·cited 20×
  The court held that Section 301(a) of the LMRA does not grant federal jurisdiction for a union to sue for individual employee benefits, and that the employer's discontinuation of business operations was not a "just cause" discharge under the collective bargaining agreement.
• Div. 689 v. Cap. Transit Co.
  227 F.2d 19· D.C. Cir.· 1955-06-09 ·cited 20×
• Kline v. The State Bev. Dep't OF Fla.
  77 So. 2d 872· Fla.· 1955-02-02 ·cited 20×
  Petitioners Paul Glasel and Marshall Kline sought a temporary and mandatory injunction to prevent the State Beverage Department from revoking Glasel's liquor license and to recover confiscated alcoholic beverages. The Florida Supreme Court held that while a liquor licensee is ent
• Pasco Cnty. v. Johnson et ux.
  67 So. 2d 639· Fla.· 1953-10-23 ·cited 20×
  Pasco County sought mandatory injunction to remove barricades placed by the Johnsons across a county road on their property. The Florida Supreme Court reversed the trial court's dismissal of the county's complaint, holding that the county adequately alleged facts sufficient to es
• Moody v. Wickard
  136 F.2d 801· D.C. Cir.· 1943-06-30 ·cited 20×
  A district court lacks authority to enter a personal money judgment against the United States in a condemnation proceeding unless specifically authorized by statute, even if the government takes possession of the property.
• Judge Henderson v. Coleman
  150 Fla. 185· Fla.· 1942-03-26 ·cited 20×
  Judge Henderson and Charles Lockhart, officers of a longshoremen's union, were found in contempt of court for allegedly violating a restraining order against labor picketing. The Florida Supreme Court reversed, holding that notifying a customer that union members would not work w
• Williams v. Keyes
  135 Fla. 769· Fla.· 1938-12-14 ·cited 20×
  City commissioners in Miami were found to have unlawfully obstructed recall proceedings by removing and replacing the City Clerk to prevent him from certifying that a recall petition had sufficient signatures. The Florida Supreme Court affirmed the trial court's order requiring t
• Bailey v. Christo
  453 So. 2d 1134· Fla. 1st DCA· 1984-06-29 ·cited 19×·via Temporary Mandatory Injunction
  Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
• Craton Liddell v. Bd. OF Educ. OF the City OF ST. Louis
  693 F.2d 721· 8th Cir.· 1981-12-02 ·cited 19×
  The court held that many of the appeals filed were not appealable as they were not final orders or did not fall under exceptions for interlocutory appeals, while others were permitted to proceed.
• State OF Fla. Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Charley Topping & Sons, Inc.
  514 F.2d 700· 5th Cir.· 1975-06-11 ·cited 19×
  The court held that the appellant failed to prove ownership of the excavated land and that the district court did not err in adopting counsel's findings or taking judicial notice of related proceedings.
• Fields v. Klein
  946 So. 2d 119· Fla. 4th DCA· 2007-01-10 ·cited 18×
  The court reversed a final judgment awarding a discharged attorney a contingency fee, finding the client was entitled to discharge the attorney before the contingency was realized and was only obligated to pay the reasonable value of services rendered.
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Diefenderfer v. Forest Park Springs
  599 So. 2d 1309· Fla. 5th DCA· 1992-04-10 ·cited 18×
  Diefenderfer appeals the denial of a mandatory injunction to remove a subdivision wall that encroached on his fifty-foot private road easement. The trial court denied the injunction because the wall did not impair his actual use of the easement, as he only used a twelve-foot stri
• Dowell v. The Bd. OF Educ. OF THE Okla. City Pub. Schs.
  890 F.2d 1483· 10th Cir.· 1989-10-06 ·cited 18×
  The court held that a school district's unitary status does not automatically dissolve a desegregation decree, and the district court must still demonstrate a substantial change in circumstances to modify it.