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

• Georgianna Johnson v. KAY
  860 F.2d 529· 2d Cir.· 1988-10-25 ·cited 8×
  The court held that allegations of a coordinated scheme to suppress dissent and monopolize communication within a union, even if involving officers, can establish federal jurisdiction under the LMRDA, justifying pendent jurisdiction over related state law claims. The case was not
• Gale Williams v. United States
  704 F.2d 1162· 9th Cir.· 1983-04-28 ·cited 8×
  The court held that the Postal Service is mandated to issue regulations under § 504 of the Rehabilitation Act, but reversed the mandatory injunction due to lack of demonstrated specific injury.
• Spey v. Hayward T. Hayes
  406 So. 2d 1176· Fla. 1st DCA· 1981-11-18 ·cited 8×
  Appellants, Santa Rosa Island leaseholders, challenged improvements constructed by Walton Grocery Company on Lots 363 and 364, arguing they violated protective covenants restricting B2 zones to primarily residential uses with only 'affiliated services' for subsidiary commercial p
• Darwin Waters v. The Sch. Bd. OF Broward Cnty.
  401 So. 2d 837· Fla. 4th DCA· 1981-06-24 ·cited 8×
  A former school teacher appealed the dismissal of his complaint seeking reinstatement after the school board refused to renew his annual contract. The court affirmed dismissal, holding that even if the board breached a settlement agreement by failing to form an assistance committ
• Tropical Park, Inc. v. Jock
  374 So. 2d 639· Fla. 3d DCA· 1979-08-21 ·cited 8×
  Tropical Park, Inc. excluded a patron from its horse racing facility allegedly due to underworld connections. The trial court issued a temporary injunction requiring admission, but the appellate court reversed, holding that commercial establishments, particularly pari-mutuel oper
• Save THE Dunes Council v. Alexander
  584 F.2d 158· 7th Cir.· 1978-08-21 ·cited 8×
  The court held that the Secretary of the Army has discretionary authority under 33 U.S.C. § 426i to address shore erosion caused by federal navigation works, and this discretion is not subject to enforcement by writ of mandamus. Furthermore, the court found no abuse of discretion
• Gasparilla INN, Inc. v. Sunset Realty Corp.
  358 So. 2d 234· Fla. 2d DCA· 1978-05-03 ·cited 8×
  Gasparilla Inn appealed the trial court's denial of a mandatory injunction against erosion caused by Sunset Realty's canal construction, and Sunset Realty cross-appealed a $36,000 monetary award granted in lieu of the injunction. The court affirmed the denial of the mandatory inj
• C. F. Lytle Co. v. Clark
  491 F.2d 834· 10th Cir.· 1974-02-12 ·cited 8×
  The court held that the building permit expired by its terms and that the appellant's long cessation of construction constituted abandonment under the zoning resolution, thus affirming the denial of the injunction.
• State v. Barkdull
  277 So. 2d 15· Fla.· 1973-04-06 ·cited 8×
  A Florida Supreme Court case in which Outrigger Club sought to prevent the District Court of Appeal from reconsidering zoning violations that the City of North Miami failed to raise in the initial trial. The Court held that the City was estopped from raising new defenses on reman
• Petuskey v. Rampton
  431 F.2d 378· 10th Cir.· 1970-09-02 ·cited 8×·via Mandatory Preliminary Injunction
  The court held that a single judge cannot nullify the action of a three-judge court, and that the district court lost jurisdiction upon appeal, rendering subsequent actions void. The court affirmed the three-judge court's order and reversed the single judge's injunctions.
• In re the Grand Jury Subpoena Duces Tecum of Raymond J. Ryan
  430 F.2d 658· 9th Cir.· 1970-05-19 ·cited 8×
  The court held that the district court's order denying a motion to quash a subpoena duces tecum, which also modified the subpoena and required affirmative action in a foreign country, was an appealable interlocutory order.
• Hill v. McDUFFIE
  196 So. 2d 790· Fla. 1st DCA· 1967-03-02 ·cited 8×
  In this appeal, the Hills challenged an injunction prohibiting them from maintaining a dike and well on their pasture bordering non-navigable Alligator Lake. The court reversed, holding that while lake shore owners cannot be completely cut off from lake access, the Hills retained
• The Prof'l Golfers Ass'n OF Am. v. Bankers Life & Cas. Co.
  166 So. 2d 488· Fla. 2d DCA· 1964-07-17 ·cited 8×
  The Professional Golfers Association appeals from a mandatory injunction requiring it to continue occupying and operating a golf course and clubhouse pending completion of a purchase agreement with Bankers Life and Casualty Company. The appellate court reversed the injunction, fi
• Zangardi v. Tobriner
  330 F.2d 224· D.C. Cir.· 1964-03-05 ·cited 8×
  The court held that the district court abused its discretion by entering a partial final judgment under Rule 54(b) when the counts were functionally identical.
• Trumbull Chevrolet Sales Co. v. Motor Vehicle Commissioner
  134 So. 2d 40· Fla. 1st DCA· 1961-11-02 ·cited 8×
  Trumbull Chevrolet sought injunctive relief and mandated issuance of motor vehicle title certificates by Florida's Motor Vehicle Commissioner. The appellate court reversed the trial court's mandatory injunction requiring immediate title issuance, finding the trial court lacked a
• Jacobsen v. Sanford W. Padgett
  108 So. 2d 303· Fla. 2d DCA· 1958-10-31 ·cited 8×
  The Orange County Zoning Commission sought to enjoin a property owner from expanding his trailer park beyond the non-conforming use permitted under a newly adopted zoning resolution. The court affirmed dismissal of the injunction petition, holding that a complaint alleging only v
• Boylan v. Quarles
  235 F.2d 834· D.C. Cir.· 1956-06-21 ·cited 8×
  The court held that it will not review the action of executive officials in dismissing executive employees, except to ensure compliance with statutory requirements.
• United States ex relator v. Dulles
  222 F.2d 390· D.C. Cir.· 1954-09-16 ·cited 8×
• Engvalson et ux. v. Webster
  74 So. 2d 113· Fla.· 1954-07-16 ·cited 8×
  Homeowners brought an equity suit to enforce a restrictive covenant requiring approval of building plans before construction. The trial court dismissed the suit, but the Florida Supreme Court reversed, holding that the appellants had a valid right to approve building plans regard
• Minneapolis & ST. L. Ry. Co. v. Pac. Gamble Robinson Co. (Jaeche
  181 F.2d 812· 8th Cir.· 1950-05-12 ·cited 8×·via Temporary Mandatory Injunction
  The court held that the appeal should be dismissed as moot because the underlying dispute has been resolved and the injunction's requirements have been met.
• Carr v. Corning
  182 F.2d 14· D.C. Cir.· 1950-02-14 ·cited 8×
  The court held that the separation of races in public schools is not unconstitutional per se, and the temporary expedients used to address overcrowding were applied equally to both races, thus not violating constitutional prohibitions against unequal treatment.
• Reilly v. Millis
  144 F.2d 259· D.C. Cir.· 1944-07-10 ·cited 8×
  The court held that a certification of collective bargaining representatives by the National Labor Relations Board is not a final order reviewable by the courts.
• Stephens v. Stephens
  87 Fla. 466· Fla.· 1924-05-14 ·cited 8×
  Lillian A. Stephens sought a mandatory injunction to recover a home purchased with her separate funds but titled in her ex-husband Henry J. Stephens's name due to inadvertence. The Florida Supreme Court reversed the trial court's grant of a preliminary mandatory injunction, holdi
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×·via Temporary Mandatory Injunction
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Legakis v. Loumpos
  40 So. 3d 901· Fla. 2d DCA· 2010-07-23 ·cited 7×
  A commercial landlord-tenant dispute was resolved by settlement agreement requiring the landlord to repair the restaurant's air conditioning system. When the landlord failed to adequately comply, the circuit court awarded the tenant $28,000 (the cost of repairs) despite finding t
• Henry v. Bd. OF Cnty. Comm'rs OF Putnam Cnty.
  509 So. 2d 1221· Fla. 5th DCA· 1987-07-02 ·cited 7×
  Bruce Henry appealed from a mandatory injunction prohibiting him from operating a marine construction business on residential property in violation of Putnam County's zoning ordinance. The court affirmed the finding of zoning violation but modified the injunction by striking prov
• Hidle v. Geneva Cnty. Bd. OF Educ.
  792 F.2d 1098· 11th Cir.· 1986-07-03 ·cited 7×
  A district court abuses its discretion by vacating a judgment in favor of a plaintiff who filed a Rule 59 motion solely to contest remedies, and entering judgment for the defendant who sought no post-judgment relief, especially after a significant delay.
• Chattel Shipping & Inv., Inc. v. Brickell Place Condo. Ass'n, Inc.
  481 So. 2d 29· Fla. 3d DCA· 1985-12-10 ·cited 7×
  A condominium association obtained a mandatory injunction requiring removal of a balcony enclosure erected without permission in 1983. The unit owner challenged this on grounds of unequal enforcement, arguing that the association's failure to remove pre-1981 enclosures made enfor
• Gulf Power Co. v. Glass
  355 So. 2d 147· Fla. 1st DCA· 1978-02-08 ·cited 7×
  Gulf Power Company sought a mandatory injunction to remove wrecked cars stored on its transmission line easement. The trial court denied the injunction, finding the cars readily removable and the Glasses' use inconsistent with Gulf Power's rights only if they failed to promptly r
• O'Mara v. Petersen Sand & Gravel Co., Inc.
  498 F.2d 896· 7th Cir.· 1974-05-07 ·cited 7×
  The court held that the employer violated the Military Service Act by failing to reinstate the veteran to his prior position and that the veteran was entitled to a hearing on his claim for damages.
• Se. Promotions, Ltd. v. Conrad
  486 F.2d 894· 6th Cir.· 1973-05-30 ·cited 7×
  A federal court cannot compel a state to permit the exhibition of obscene sexual material for profit on state property.
• C. C. Moore and wife v. State Rd. Dep't of the State of Fla.
  171 So. 2d 25· Fla. 1st DCA· 1965-01-19 ·cited 7×
  Landowners sought an injunction to prevent the State Road Department from constructing a new bridge across an inland waterway, claiming it would impair their riparian rights. The court held that while the bridge restricts public navigation rights, it does not impair the owners' r
• Dunn v. Retail Clerks Int'l Ass'n, AFL-CIO
  299 F.2d 873· 6th Cir.· 1962-03-16 ·cited 7×
  The court held that a mandatory injunction pending appeal should not be granted when it would provide the ultimate relief sought and there is doubt about the appellant's ultimate success.
• Carner v. Shapiro
  106 So. 2d 87· Fla. 2d DCA· 1958-06-25 ·cited 7×
  A court of equity, having acquired jurisdiction in good faith, may award monetary damages even if equitable relief becomes impossible or inequitable due to subsequent events, and a landlord is liable for damages caused by an independent contractor's work that necessarily interfer
• Fleming v. State Rd. Dep't of the State of Fla.
  157 Fla. 170· Fla.· 1946-03-08 ·cited 7×
  The Florida Supreme Court held that property owners abutting a state highway have a right to convenient ingress and egress facilities, and may seek equitable relief when a public authority materially abridges these rights. The court reversed a dismissal of a bill of complaint see
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Boyle v. Hernando Beach S. Prop. Owners Ass'n, Inc.
  124 So. 3d 317· Fla. 5th DCA· 2013-09-27 ·cited 6×
  A homeowners association obtained a mandatory injunction against a homeowner for violating a restrictive covenant requiring properties be kept in neat, clean, and orderly condition. The appellate court reversed the injunction regarding landscaping and trees due to insufficient ev
• Ruiz v. Farias
  43 So. 3d 124· Fla. 3d DCA· 2010-08-20 ·cited 6×
  Sandra Ruiz, a term-limited Doral City Council member, challenged a mandatory injunction declaring her ineligible to run for the Florida House of Representatives under Florida's 'resign-to-run' law because she did not resign from her council position. The Third District Court of
• Richardson v. Jackson
  667 So. 2d 928· Fla. 5th DCA· 1996-02-09 ·cited 6×
  A prescriptive easement granted for 'access, ingress and egress, roadway purposes' over a 25-foot strip reserves the entire 25-foot width for the dominant tenement owner's use, and the servient tenement owner may not place permanent structures anywhere within that full width.
• Se. Mech. Contractors OF Tampa, Inc. v. M.A. Mortenson Co.
  685 So. 2d 1316· Fla. 2d DCA· 1996-02-02 ·cited 6×
  Southeast Mechanical Contractors appealed an order it characterized as granting relief from judgment, but the court dismissed the appeal as premature because the underlying order was neither final nor appealable. The trial court's grant of summary judgment on an indemnity clause
• Indian Trail Homeowners Ass'n, Inc. v. Leta Roberts
  577 So. 2d 998· Fla. 4th DCA· 1991-04-10 ·cited 6×
  The Fourth District Court of Appeal affirmed the trial court's judgment in a homeowners association case, upholding the voiding of an attempted amendment and an order granting the plaintiff access to association records. The court made minor modifications to clarify that prohibit
• Elizabeth v. Bogosian
  923 F.2d 898· 1st Cir.· 1991-01-15 ·cited 6×
  The court held that the district court's orders requiring security and interim distributions were appealable mandatory injunctions and were lawful under Rhode Island law.
• Ray v. United States Dep't of Just.
  770 F. Supp. 1544· S.D. Fla.· 1990-12-17 ·cited 6×
  The court held that a routine administrative backlog due to a high volume of requests does not constitute 'exceptional circumstances' under FOIA, and the INS's failure to prioritize urgent requests means it has not exercised 'due diligence'.
• ENG v. Smith
  849 F.2d 80· 2d Cir.· 1988-06-13 ·cited 6×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction requiring the provision of mental health services, finding a likelihood of success on the merits and irreparable harm.
• Comm. OF Cent. Am. Refugees ("Comite De Refugiados Centro-Americanos" or "Crece") v. Immigr. & Naturalization Serv.
  795 F.2d 1434· 9th Cir.· 1986-07-31 ·cited 6×·via Mandatory Preliminary Injunction
  The court held that the transfer of unrepresented aliens to detention facilities outside the San Francisco District does not, standing alone, constitute a deprivation of statutory privilege or due process rights, and thus does not warrant judicial intrusion into the Attorney Gene
• Mills v. Rohalier Phillips
  407 So. 2d 302· Fla. 4th DCA· 1981-12-14 ·cited 6×
  A non-custodial parent lacks standing to sue the School Board regarding educational decisions for a child in the custodial parent's care, absent extraordinary circumstances.
• Zimmer v. Connett
  640 F.2d 208· 9th Cir.· 1981-02-17 ·cited 6×
  Taxpayers do not have a right to a hearing before the IRS can reexamine their books, as they have an adequate remedy at law and such a hearing would violate the Anti-Injunction Act.
• Griffin v. RED RUN Lodge, Inc.
  610 F.2d 1198· 4th Cir.· 1979-11-29 ·cited 6×
  The court held that the district court erred in denying injunctive relief based on an incorrect application of the comparative hardship doctrine and in dismissing the damages claim for lack of jurisdictional amount.
• Jones v. Romaine Perry Weaver
  374 So. 2d 1175· Fla. 1st DCA· 1979-09-20 ·cited 6×
  Jones appeals from a trial court judgment that voided a reserved easement/right-of-way in a deed to Weaver, finding the easement no longer needed for access. The appellate court reverses and remands, holding that the trial court failed to adequately address the appellees' duress
• State OF Wyo. v. Andrus
  602 F.2d 1379· 10th Cir.· 1979-07-18 ·cited 6×
  Wyoming is not entitled to indemnity lieu lands for acreage within railroad rights-of-way crossing school sections, as the grant of a right-of-way does not constitute a 'prior disposition' under the relevant statutes.