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

• Dowell v. The Bd. OF Educ. of the Okla. City Pub. Schs.
  795 F.2d 1516· 10th Cir.· 1986-06-26 ·cited 18×
  The court held that the trial court erred in denying the motion to reopen the case because a past finding of unitariness does not bar renewed litigation of a mandatory injunction, especially when significant changes to a court-ordered plan are alleged.
• Martin v. Int'l Olympic Comm.
  740 F.2d 670· 9th Cir.· 1984-06-21 ·cited 18×
  The court held that the California Civil Rights Act does not permit or require separate but equal accommodations, privileges, or services.
• Ferry-Morse Seed Co. v. Food Corn, Inc.
  729 F.2d 589· 8th Cir.· 1984-03-19 ·cited 18×
  The court affirmed the district court's preliminary injunction ordering the defendant to deliver seed corn, finding no abuse of discretion in granting the injunction.
• Brigadier General Walter P. Leber v. Canal Zone Cent. Labor Union & Metal Trades Council, AFL-CIO
  383 F.2d 110· 5th Cir.· 1967-07-25 ·cited 18×
• Grasse v. Snyder
  192 F.2d 35· D.C. Cir.· 1951-09-27 ·cited 18×
  The court held that the plaintiff's claim for reinstatement was barred by laches due to his significant delay in filing suit after his discharge was sustained.
• Eighth Reg'l War Labor Bd. v. Humble OIL & Ref. Co.
  145 F.2d 462· 5th Cir.· 1944-12-21 ·cited 18×
  The court held that a district court lacked jurisdiction to enjoin nonresident defendants and that there was no sound basis for issuing an injunction against resident defendants.
• McCreary v. Lake Boulevard Sponge Exch. Co., Inc.
  133 Fla. 740· Fla.· 1938-08-01 ·cited 18×
  The Florida Supreme Court held that a property owner who stands by and permits another to erect buildings on their land under a mistaken belief about boundary lines cannot simply claim ownership of those improvements, but must allow removal on payment of damages. This case establ
• Tabas v. Alice lola Hudson
  175 So. 2d 224· Fla. 3d DCA· 1965-05-18 ·cited 17×
  The court held that a party cannot challenge the validity of an original injunction in a subsequent contempt appeal, but imprisonment for failure to pay a money judgment is impermissible.
• Fla. Power Corp. v. Tyrus Eugene Hicks and Clara Jeanette Hicks
  156 So. 2d 408· Fla. 2d DCA· 1963-08-09 ·cited 17×
  Florida Power Corporation sought to enjoin defendants from constructing a filling station that would interfere with a guy wire supporting a utility pole on the defendants' property, but the lower court dissolved the injunction and required the power company to relocate the guy wi
• Miami Shores Vill. v. Bessemer Props.
  54 So.2d 108· Fla.· 1951-08-24 ·cited 17×
  The Supreme Court of Florida affirmed a lower court's decision ordering Miami Shores Village to rezone certain properties from residential to business use. The court found the residential zoning to be arbitrary, unreasonable, and confiscatory given the surrounding business develo
• Verizon Wireless Pers. Commc'ns LP v. City of Jacksonville
  670 F. Supp. 2d 1330· M.D. Fla.· 2009-11-17 ·cited 16×
  The court held that the City's denial of Verizon's cell tower application was not supported by substantial evidence, as aesthetic concerns were too generalized and not grounded in specific facts.
• State OF Colo. v. Idarado Mining Co.
  916 F.2d 1486· 10th Cir.· 1990-10-11 ·cited 16×
  The court held that CERCLA § 121(e)(2) does not authorize a state to seek injunctive relief to enforce its independently selected cleanup plan when the federal government is not involved.
• In re the Est. OF Michael Patrick Smith v. Heckler
  747 F.2d 583· 10th Cir.· 1984-10-29 ·cited 16×
  The Secretary of Health and Human Services has a statutory duty to develop and implement a system that ensures nursing facilities receiving federal funds provide high-quality patient care, not just theoretical capability.
• Shadow Lakes Woods, Inc. v. Schneider
  414 So. 2d 3· Fla. 5th DCA· 1982-04-07 ·cited 16×
  The court held that a motion to dissolve a mandatory injunction, based on grounds already litigated and without new intervening circumstances, is an improper attempt to evade a court order and cannot be used to retry issues.
• Goldberger v. Regency Highland Condo. Ass'n, Inc.
  383 So. 2d 1173· Fla. 4th DCA· 1980-06-04 ·cited 16×·via Temporary Mandatory Injunction
  A temporary mandatory injunction was improperly issued without bond, as the alleged injuries were not irreparable and the procedural requirements for waiving the bond were not met.
• Turner v. AIR Transp. Lodge 1894 OF Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  585 F.2d 1180· 2d Cir.· 1978-10-20 ·cited 16×
  The court held that the appeal could not be properly considered without a clear, explicit judgment from the district court detailing its decision on the motions.
• Plaza del Prado Condo. Ass'n, Inc. v. Richman
  345 So. 2d 851· Fla. 3d DCA· 1977-05-10 ·cited 16×
  A condominium association appealed a judgment requiring it to enforce bylaws against unit owners who modified their terrace railings without prior written approval. The court affirmed, finding the association was estopped from enforcing the bylaws because it had previously grante
• Laclede GAS Co. v. Amoco OIL Co.
  522 F.2d 33· 8th Cir.· 1975-07-10 ·cited 16×
  A contract is not invalid for lack of mutuality simply because one party has a right to cancel while the other does not, provided the cancellation right is not arbitrary. Specific performance may be granted for personalty if the remedy at law is inadequate.
• Mci Commc'ns Corp. v. Am. Tel. & Tel. Co. & the Bell Tel. Co. of Pa.
  496 F.2d 214· 3d Cir.· 1974-04-15 ·cited 16×·via Mandatory Preliminary Injunction
  The court held that the district court erred in granting a mandatory preliminary injunction without first deferring to the FCC under the doctrine of primary jurisdiction, given the uncertainty of FCC orders and ongoing FCC proceedings.
• Militana v. Univ. OF Miami
  236 So. 2d 162· Fla. 3d DCA· 1970-06-02 ·cited 16×
  A medical student at the University of Miami sought mandatory injunction to compel the university to grant him a doctor of medicine degree, claiming he had satisfactorily completed all required coursework and that the university's dismissal for academic failure was arbitrary and
• Gliceria Ramos Vda De Sinlao v. United States & Sumner G. Whittier
  271 F.2d 846· D.C. Cir.· 1959-11-06 ·cited 16×
  The court held that the Administrator's termination of compensation payments was an arbitrary refusal to perform a statutory duty and was not insulated from judicial review by the finality provision.
• City OF Eustis v. Firster
  113 So. 2d 260· Fla. 2d DCA· 1959-06-24 ·cited 16×
  The City of Eustis appeals a mandatory injunction requiring removal of piers, docks, and boathouses that encroach on an upland owner's riparian rights. The court reversed, holding that the defense of laches bars relief where structures existed long before the owner acquired title
• Murphy v. Wilson
  236 F.2d 737· D.C. Cir.· 1956-07-12 ·cited 16×
  The court held that the Veterans' Preference Act does not apply to involuntary retirement for disability, and the Civil Service Retirement Act does not provide for a hearing or right to examine evidence in such cases.
• Joseph T. Miller Constr. Co., Inc. v. Seymour H. Borak
  82 So. 2d 147· Fla.· 1955-07-22 ·cited 16×
  Joseph T. Miller Construction Company appealed a trial court's dismissal of its action for damages for breach of a restrictive covenant. The Florida Supreme Court affirmed the dismissal under Supreme Court Rule 38, finding that the questions raised on appeal were either foreclose
• The President of the United States v. Skeen
  118 F.2d 58· 5th Cir.· 1941-03-04 ·cited 16×
  The suits were maintainable without alleging defendants were engaged in interstate commerce, as the Connally Act's enforcement requires investigation of all operators in the field.
• Trg-Brickell Point NE, Ltd v. Michael and Marsha Wajsblat
  34 So. 3d 53· Fla. 3d DCA· 2010-03-10 ·cited 15×
  The appellate court held that the trial court erred in granting a motion for release of escrow funds without sworn evidence and before the defendants had answered the complaint.
• Pescosolido v. Block
  765 F.2d 827· 9th Cir.· 1985-07-09 ·cited 15×
  The court held that the plaintiff-producers lacked standing to seek judicial review of the Secretary's marketing order because the relief sought could not cure their alleged injury.
• Montgomery Pipe & Tube Co. OF Fla. v. Mann
  205 So. 2d 660· Fla. 3d DCA· 1968-01-09 ·cited 15×
  Administrative inspections of private dwellings without a warrant violate the Fourth Amendment's protection against unreasonable searches and seizures.
• Solomon v. Gordon
  4 So. 2d 710· Fla.· 1941-11-25 ·cited 15×
  The Supreme Court of Florida reviewed an interlocutory order that denied a stay of proceedings in a new lawsuit. The court held that the new lawsuit should be stayed until a related appeal concerning a contempt order was resolved, as both cases involved the same subject matter an
• Earle v. Detroit & Sec. Tr. Co.
  103 Fla. 618· Fla.· 1931-11-20 ·cited 15×
  This case addresses the authority of a chancery court to compel oral examination of a defendant trustee before the pleadings are settled. The Florida Supreme Court held that under the 1929 statute, such examination is permissible only after the defendant's answer has been filed a
• Saber v. Financeamerica Credit Corp.
  843 F.2d 697· 3d Cir.· 1988-03-31 ·cited 14×
  The court held that it lacked appellate jurisdiction to hear the appeal because the district court's order enforcing a settlement agreement was not a final decision, nor was it an appealable interlocutory order or collateral order.
• Fallini v. Hodel
  783 F.2d 1343· 9th Cir.· 1986-02-27 ·cited 14×
  The court held that the Wild Free-Roaming Horses and Burros Act does not impose a duty on the BLM to prevent wild horses from straying onto private land, and the statutory remedy of removal is adequate if performed within a reasonable time.
• Hurick v. The Honorable John Lehman
  782 F.2d 984· Fed. Cir.· 1986-01-23 ·cited 14×
  The court held that it has jurisdiction over the appeal and that the six-year statute of limitations barred the petitioner's claim challenging his military discharge.
• Ina P. Anderson v. United States
  612 F.2d 1112· 9th Cir.· 1979-11-28 ·cited 14×·via Mandatory Preliminary Injunction
  The court held that the district court abused its discretion by granting mandatory and prohibitory preliminary injunctions because the moving party failed to demonstrate probable success on the merits or that the balance of hardships tipped sharply in her favor, and any harm was
• Winter v. Playa del SOL, Inc.
  353 So. 2d 598· Fla. 4th DCA· 1977-12-13 ·cited 14×
  The court held that the statutory right to inspect condominium records includes the right to make handwritten notations from those records.
• Organized Migrants IN Cmty. Action, Inc. v. Brennan
  520 F.2d 1161· D.C. Cir.· 1975-10-09 ·cited 14×
  The court held that the Environmental Protection Agency (EPA) has statutory authority under the Federal Environmental Pesticide Control Act (FEPCA) to regulate farmworker exposure to pesticides, and by exercising this authority, has preempted the Secretary of Labor's jurisdiction
• Homcy v. Resor
  455 F.2d 1345· D.C. Cir.· 1971-12-16 ·cited 14×
  The court held that improper command influence exerted on a court martial deprived the accused of his constitutional right to a fair trial, warranting correction of his military record.
• Terminal Freight Handling Co. v. Solien
  444 F.2d 699· 8th Cir.· 1971-06-18 ·cited 14×
  The court held that the Regional Director has a mandatory duty to petition for injunctive relief under § 10(l) of the NLRA once reasonable cause to believe a secondary boycott charge is true is found, subject to limited discretion regarding initial demands or insignificant violat
• Faustino v. Immigr. & Naturalization Serv.
  432 F.2d 429· 2d Cir.· 1970-10-05 ·cited 14×
  The court held that the distinction in the Immigration and Nationality Act between adult and minor citizen children for immigration preference purposes is not unconstitutional. The court found no equal protection violation.
• Mesabi Iron Co. v. Reserve Mining Co.
  270 F.2d 567· 8th Cir.· 1959-10-07 ·cited 14×
  The court held that the order granting a temporary mandatory injunction was reviewable, and that the trial court did not abuse its discretion in granting it.
• Dade Cnty. v. Harris
  90 So. 2d 316· Fla.· 1956-10-12 ·cited 14×
  Dade County appeals the dismissal of a suit seeking a declaration that disputed land is under its control for highway purposes and an order to remove concrete obstructions placed by adjoining property owners. The court holds that the complaint sufficiently alleges both a valid de
• Hotel & Rest. Emps. & Bartenders Union v. Boca Raton Club, Inc.
  73 So. 2d 867· Fla.· 1954-07-06 ·cited 14×
  A Florida Supreme Court decision addressing whether a labor union and individual employees could obtain equitable relief against a hotel employer for alleged unfair labor practices, including using company housing to coerce employees during a labor dispute. The court held that wh
• Citizens Protective League v. Clark
  D.D.C.· 1946-05-02 ·cited 14×
  The Alien Enemy Act of 1798 is constitutional and has not been repealed, and the President has broad, unreviewable power to remove alien enemies during wartime.
• United States v. Okla. GAS & Elec. Co.
  127 F.2d 349· 10th Cir.· 1942-03-23 ·cited 14×
  The court held that the Secretary of the Interior lacks the authority to require an electric company to obtain a permit for constructing electric lines along a state highway right-of-way across allotted Indian land, when the highway was established under federal law in accordance
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• Alderwoods Grp., Inc. v. Reyvis Garcia
  119 So. 3d 497· Fla. 3d DCA· 2013-07-31 ·cited 13×
  Alderwoods Group, Inc. and related cemetery operators appeal a trial court's order certifying a class action lawsuit brought by families unable to locate their relatives' graves at Graceland Memorial Park South Cemetery. The Third District Court of Appeal reversed the class certi
• The City Council OF the City OF N. Miami Beach v. Trebor Constr. Corp.
  254 So. 2d 51· Fla. 3d DCA· 1971-10-26 ·cited 13×
  The City of North Miami Beach appealed a certiorari judgment that voided portions of its zoning ordinance requiring city council approval of residential construction plans in business zones, finding the ordinance lacked adequate standards for discretionary approval. The court aff
• Doyle Conner v. Reuben Carlton
  223 So. 2d 324· Fla.· 1969-05-14 ·cited 13×
  The Florida Supreme Court reversed a trial court's decision striking down the Commissioner of Agriculture's brucellosis eradication program in Martin County. The court held that statutes authorizing summary destruction of infected cattle and compensating owners up to $12.50 per a
• Froelich v. Rowley
  102 So. 2d 720· Fla.· 1958-05-09 ·cited 13×
  A church majority cannot withdraw from the parent church and claim title to church property against the minority group remaining faithful.
• McBRIDE v. W. Union Tel. Co.
  171 F.2d 1· 9th Cir.· 1948-12-01 ·cited 13×
  The court held that while it had jurisdiction over the appellant, the telegraph company was justified in discontinuing service due to illegal use by recipients, and thus the appellant was not entitled to a mandatory order for restoration.