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

• Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc.
  173 So. 3d 1037· Fla. 2d DCA· 2015-07-15 ·cited 12×
  Unit owners appealed the denial of a mandatory injunction against their condominium association for failing to repair moisture intrusion through the building's floor slab. The appellate court reversed, holding that the owners satisfied all requirements for mandatory injunctive re
• Young v. Tortoise Island Homeowner's Ass'n, Inc.
  511 So. 2d 381· Fla. 5th DCA· 1987-07-23 ·cited 12×
  The Youngs appealed a mandatory injunction requiring them to replace their residence's flat roof with a peaked roof, as demanded by the Tortoise Island Architectural Control Board. The court reversed, holding that the Board lacked authority to impose a flat roof prohibition absen
• The City OF ST. Petersburg v. Competition Sails, Inc.
  449 So. 2d 852· Fla. 2d DCA· 1984-03-21 ·cited 12×
  The City of St. Petersburg appeals a trial court judgment requiring it to repair the roof of leased premises and provide dock space to tenant Competition Sails, Inc. The appellate court reverses the roof repair requirement but affirms the dock space obligation, holding that absen
• Knox Cnty. Local v. Nat'l Rural Letter Carriers' Ass'n
  720 F.2d 936· 6th Cir.· 1984-02-17 ·cited 12×
  Title I of the Labor-Management Reporting and Disclosure Act (LMRDA) and First Amendment principles require a union to publish a member's paid advertisement opposing a contract, even if it creates internal dissent, when the union has opened its publication to commercial advertise
• Ronald W. Kitzinger and Delores v. Kitzinger
  432 So. 2d 188· Fla. 1st DCA· 1983-05-25 ·cited 12×
  Gulf Power Company sought a mandatory injunction to remove a corner of the Kitzingers' house that encroached 18.06 feet into Gulf Power's electrical transmission line easement acquired in 1926. The circuit court denied the injunction but imposed an unliquidated lien on the homest
• Punnett v. Carter
  621 F.2d 578· 3d Cir.· 1980-05-13 ·cited 12×
  The court affirmed the denial of a preliminary injunction, finding plaintiffs failed to demonstrate a likelihood of success on the merits or irreparable harm.
• Wright v. Cade
  349 So. 2d 833· Fla. 1st DCA· 1977-09-16 ·cited 12×
  A beverage license is a property right that may be validly encumbered by a covenant to reassign, and statutory transfers under Section 561.32(1), Florida Statutes, do not vest title in the transferee but merely inform the Beverage Department of the holder's identity. Halifax Fina
• Maryland-National Cap. Park & Planning Comm'n v. Lynn
  514 F.2d 829· D.C. Cir.· 1975-06-12 ·cited 12×
  The court held that the Secretary of HUD did not err in denying approval for the lease of open-space land for an indoor tennis facility due to a restrictive fee schedule, as it was inconsistent with the grant contract's purpose of preserving open-space use and ensuring public acc
• Nader v. Saxbe
  497 F.2d 676· D.C. Cir.· 1974-04-04 ·cited 12×
  The court held that plaintiffs lacked standing to sue because the repeal of the Federal Corrupt Practices Act (FCPA) broke the logical nexus between their alleged injury (lack of campaign information) and the prospective relief sought (mandamus to compel prosecutions).
• Yonge v. Reubin O'D. Askew
  293 So. 2d 395· Fla. 1st DCA· 1974-03-14 ·cited 12×
  A property owner sought judicial review of a state agency's denial of a dredging permit for a real estate development project on Crystal River. The court held that the agency did not abuse its discretion in denying the permit based on ecological concerns, as the statute required
• Bankers Life & Cas. Co. v. The Vill. OF N. Palm Beach
  469 F.2d 994· 5th Cir.· 1972-08-14 ·cited 12×
  The court held that the trial court erred in enjoining the Army Corps of Engineers to issue a permit, as permit issuance is discretionary and subject to evolving legal standards, and that the state law issue regarding title to submerged lands requires further proceedings.
• Mescalero Apache Tribe v. Hickel
  432 F.2d 956· 10th Cir.· 1970-10-05 ·cited 12×
  The Indian preference statutes, specifically 25 U.S.C. § 472, apply only to appointments to vacancies and do not entitle Indian employees to preferential treatment during agency reductions in force.
• Stevan Durovic v. Palmer
  342 F.2d 634· 7th Cir.· 1965-03-05 ·cited 12×
• Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah
  141 So. 2d 5· Fla. 3d DCA· 1962-05-15 ·cited 12×
  Banyan Cafeterias appealed an order denying its motion for summary decree in a declaratory judgment action where a church and liquor store owner sought to clarify their rights under a city ordinance prohibiting alcohol sales within 1,500 feet of churches. The appellate court affi
• Meredith v. Fair
  305 F.2d 341· 5th Cir.· 1962-02-12 ·cited 12×
  The dissenting judge believes the court should grant an injunction pending appeal to allow the appellant to transfer to the University of Mississippi.
• Am. & European Agencies, Inc. v. Gillilland
  247 F.2d 95· D.C. Cir.· 1957-06-27 ·cited 12×
  The court held that the statutory bar to judicial review of the Foreign Claims Settlement Commission's actions, as interpreted in prior cases, precludes review of the appellant's claim regarding the adequacy of its hearing.
• Chapman v. EL Paso Natural GAS Co.
  204 F.2d 46· D.C. Cir.· 1953-03-26 ·cited 12×
  The court held that while it could enjoin illegal stipulations imposed by the Secretary, it could not compel the issuance of permits because such issuance is a sovereign act beyond judicial direction, as per Larson v. Domestic & Foreign Corp.
• Nat'l Council of Ry. Patrolmen's Unions v. Sealy
  152 F.2d 500· 5th Cir.· 1945-12-13 ·cited 12×
  The court held that the status of the patrolmen as employees under the Railway Labor Act was not sufficiently established by any order or interpretation of the Interstate Commerce Commission.
• Chapman v. United States
  139 F.2d 327· 8th Cir.· 1943-12-14 ·cited 12×
  The court held that the appellant's challenges to the Agricultural Marketing Agreement Act and the Secretary's order were without merit, and that the district court properly granted summary judgment.
• Lucking v. Delano
  122 F.2d 21· D.C. Cir.· 1941-05-19 ·cited 12×
  The court held that the plaintiff's pleadings failed to allege sufficient facts to overcome the Comptroller's discretion in managing a bank receivership, thus the motion to dismiss was properly granted.
• Lorenz v. City of Hollywood
  144 Fla. 324· Fla.· 1940-10-01 ·cited 12×
  The Florida Supreme Court held that when parties initiate an equity action involving a public right of way dispute, the court of equity may retain jurisdiction and adjudicate all related rights, including legal claims ordinarily cognizable only at law, rather than remitting part
• Bd. of Pub. Instruction of Broward Cnty. v. Boehm
  138 Fla. 548· Fla.· 1939-06-09 ·cited 12×
  The Florida Supreme Court affirmed an order denying the Board of Public Instruction's motion to strike the defendants' answer in an action seeking mandatory injunction to remove alleged encroachments on school property. The court held that the defendants' answer raised justiciabl
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• Haddad v. Arnold
  784 F. Supp. 2d 1284· M.D. Fla.· 2010-07-09 ·cited 10×
  The court held that the plaintiff had standing to sue and that preliminary injunctive relief was warranted, finding that unjustified institutional isolation of persons with disabilities constitutes discrimination under the ADA.
• Dep't of State v. Martin
  885 So. 2d 453· Fla. 1st DCA· 2004-10-25 ·cited 10×
  The Department of State, Division of Elections appealed a trial court order granting a mandatory injunction requiring it to permit a Democratic congressional candidate to withdraw from the 2004 general election ballot and to allow the Democratic Party to designate a replacement n
• Barbano v. Madison Cnty.
  922 F.2d 139· 2d Cir.· 1990-12-28 ·cited 10×
  The court held that the district court erred in finding the Board of Supervisors guilty of sex discrimination, as the record did not support claims of discriminatory experience assessment or lack of tact by the plaintiff.
• Scientex Corp. v. KAY
  689 F.2d 879· 9th Cir.· 1982-10-07 ·cited 10×
  A private right of action for injunctive relief is not properly implied under Section 16(a) of the Securities Exchange Act of 1934.
• Jordan v. Wolke
  593 F.2d 772· 7th Cir.· 1978-08-22 ·cited 10×
  The court held that granting a mandatory preliminary injunction requiring construction of new facilities for contact visitation was an abuse of discretion due to insufficient evidence of necessity and potential costs.
• Anchorage Yacht Haven, Inc. v. Robertson
  264 So. 2d 57· Fla. 4th DCA· 1972-06-29 ·cited 10×
  Anchorage Yacht Haven and related parties sued defendants for negligent damage to their yacht basin property and trespass when a boat was dropped during removal operations and left on their premises. The appellate court reversed the trial court's denial of damages, finding incons
• City OF Coral Gables v. Baljet
  250 So. 2d 653· Fla. 3d DCA· 1971-07-20 ·cited 10×
  The City of Coral Gables appeals an interim order requiring it to perform a stack test on its incinerator after being found in violation of Dade County's pollution control ordinance. The court reversed the stack test requirement and remanded with directions for the trial court to
• Diedrich v. Zoning Comm'n OF the Dist. OF Columbia
  393 F.2d 666· D.C. Cir.· 1968-01-24 ·cited 10×
  The court held that the Commission's denial of a zoning map amendment was not arbitrary or capricious, and thus affirmed the lower court's judgment.
• Ferguson v. Five Points Nat'l Bank OF Miami
  187 So. 2d 45· Fla. 3d DCA· 1966-05-24 ·cited 10×
  A national bank cannot lend its credit to purchase commercial paper in which it has no beneficial interest, as such an agreement constitutes an unauthorized guarantee.
• Meekins, Inc. v. Boire
  320 F.2d 445· 5th Cir.· 1963-07-08 ·cited 10×
  A federal district court lacks jurisdiction to compel the NLRB Regional Director to seek injunctive relief when the plaintiffs have failed to exhaust their administrative remedies by seeking review from the General Counsel.
• Matter of MacNEIL Bros. Co.
  259 F.2d 386· 1st Cir.· 1958-10-03 ·cited 10×
  The court held that it would not grant leave to file a petition for a writ of mandamus because the petition was facially without merit and did not present an extraordinary situation.
• Hunter v. Mitchell
  180 F.2d 763· D.C. Cir.· 1950-01-23 ·cited 10×
  The court held that the lower court erred in granting summary judgment because a genuine issue of material fact existed regarding the reason for the appellant's demotion.
• McMURTREY v. Clark
  157 F.2d 703· D.C. Cir.· 1946-10-28 ·cited 10×
  The court held that the District Court correctly dismissed the appellant's complaint for a mandatory injunction and mandamus.
• Porter v. Block
  156 F.2d 264· 4th Cir.· 1946-05-23 ·cited 10×
  The court held that it lacked power to issue a mandatory injunction for a price application after sales were completed, thus no basis for triple damages.
• Agnew v. Bd. of Governors of Fed. Reserve Sys.
  153 F.2d 785· D.C. Cir.· 1946-02-13 ·cited 10×
  The court held that the Board of Governors' interpretation of "primarily engaged" as meaning "substantially" or "importantly" engaged, rather than "chiefly" or "principally" engaged, was an error of law.
• Johnson v. Yellow Cab Transit Co.
  137 F.2d 274· 10th Cir.· 1943-07-26 ·cited 10×
  A state cannot prohibit the interstate transportation of intoxicating liquor through its territory, even if destined for a point within the state where its sale or possession is illegal.
• Parker v. United States
  135 F.2d 54· 1st Cir.· 1943-04-13 ·cited 10×
  The court held that the compensatory fine imposed on Parker was calculated correctly according to the prior mandate, as his deliberate actions rendered the corporation incapable of complying with court decrees.
• Winter v. Payne
  33 Fla. 470· Fla.· 1894-01-01 ·cited 10×
  W. L. Payne sued to enjoin defendants from maintaining a fence that obstructed Duval Street, which had been dedicated as a public street by the original landowner Miles Price decades earlier. The Florida Supreme Court affirmed the injunction, holding that where a street is actual
• People's Tr. Ins. Co. v. Parvin Nowroozpour and Parviz Nowroopour
  277 So. 3d 135· Fla. 4th DCA· 2019-08-07 ·cited 9×·via Temporary Mandatory Injunction
  An insurer may enforce appraisal and repair provisions of an insurance policy through a counterclaim for specific performance, even after the insureds file suit, though a request for temporary injunction must be dismissed if it fails to allege irreparable harm.
• Bull Motors, LLC. v. Brown
  152 So. 3d 32· Fla. 3d DCA· 2014-11-05 ·cited 9×
  The court held that a permanent mandatory injunction was improperly entered without an evidentiary hearing and was overly broad, exceeding the scope of relief sought.
• Wetzel v. Edwards
  635 F.2d 283· 4th Cir.· 1980-10-27 ·cited 9×·via Mandatory Preliminary Injunction
  The court held that the district court abused its discretion by improperly balancing the factors for granting a preliminary injunction, failing to adequately consider the harm to the defendants and the public interest.
• Ortega Co. v. Justiss
  175 So. 2d 554· Fla. 1st DCA· 1965-05-25 ·cited 9×
  Ortega Company sought a mandatory injunction to stop the Justisses from operating a commercial trailer park on residential lots in violation of restrictive covenants. The trial court denied the injunction and transferred the case to law side for damages, which the appellate court
• Arthur G. Carson et ux. v. City OF Fort Lauderdale
  293 F.2d 337· 5th Cir.· 1961-07-31 ·cited 9×
  The District Court correctly dismissed the case for lack of federal jurisdiction because federal law prohibits federal courts from enjoining state tax collection when a plain, speedy, and efficient remedy exists in state courts.
• Schweickert v. Citrus Cnty. Fla. Bd.
  193 So. 3d 1075· Fla. 5th DCA· 2016-06-17 ·cited 8×
  A newspaper publisher sought public records from a county board regarding an investigation into a commissioner's workplace conduct. Although the board eventually produced the records after litigation commenced, the trial court dismissed the case as moot. The appeals court reverse
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• Scalise v. Thornburgh
  891 F.2d 640· 7th Cir.· 1989-12-19 ·cited 8×
  The court held that the Attorney General is not required by statute to issue substantive regulations governing international prisoner transfer decisions, and therefore, mandamus jurisdiction and judicial review under the APA were not appropriate.
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×·via Mandatory Preliminary Injunction
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi