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

• Harris v. Wilters
  596 F.2d 678· 5th Cir.· 1979-06-08 ·cited 6×·via Mandatory Preliminary Injunction
  The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
• Reed v. Cleveland Bd. OF Educ.
  581 F.2d 570· 6th Cir.· 1978-07-06 ·cited 6×
  The court held that the district court's April 21, 1978 order, which restructured the administration of the Cleveland school system without notice or a hearing, was an appealable mandatory injunction that violated procedural rules and was not justified by the circumstances.
• Pilafian v. Cherry
  355 So. 2d 847· Fla. 3d DCA· 1978-03-07 ·cited 6×
  Neighboring waterfront property owners in a Florida subdivision disputed the construction of a seawall and dock on adjacent lots. The trial court denied both the plaintiffs' request for mandatory injunction to remove the defendants' dock and the defendants' counterclaim, applying
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• Gwinn v. Andrews
  310 So. 2d 424· Fla. 1st DCA· 1975-04-08 ·cited 6×
  Adjoining landowners on Black Creek disputed surface water drainage. Appellants filled their land, blocking natural water flow from appellees' property, causing standing water. The trial court ordered appellants to restore drainage via removal of fill or construction of a ditch/d
• Brooks v. City OF W. Miami
  246 So. 2d 115· Fla. 3d DCA· 1971-03-09 ·cited 6×
  Preston Brooks and his corporation appealed a judgment denying their request for a peremptory writ of mandamus against the City of West Miami. The court affirmed the denial of the mandamus writ and upheld the trial court's dismissal of the city's counterclaim, holding that counte
• Clark Equip. Co. v. Armstrong Equip. Co.
  431 F.2d 54· 5th Cir.· 1970-09-01 ·cited 6×
  Federal courts have jurisdiction to grant injunctive relief to enforce state-created substantive rights, even if a specific state remedy like detinue might not be available or adequate.
• Nat'l Labor Relations Bd. v. Q-T Shoe Mfg. Co., Inc.
  409 F.2d 1247· 3d Cir.· 1969-04-11 ·cited 6×
  The court held that a subpoena duces tecum for an Excelsior list of employee names and addresses is enforceable as evidence related to a Board investigation. The district court erred in dismissing the Board's action for lack of jurisdiction.
• Bishop Clarkson Mem'l Hosp. v. Reserve Life Ins. Co.
  350 F.2d 1006· 8th Cir.· 1965-09-21 ·cited 6×
  The court held that an insurer, with patient authorization and a legitimate business need, has a right to inspect quasi-public hospital records to determine claim liability, and that the jurisdictional amount was met.
• City OF Miami v. Cuban Vill-Age Co., Inc.
  143 So. 2d 69· Fla. 3d DCA· 1962-06-27 ·cited 6×
  The City of Miami appealed a trial court decree ordering it to issue municipal licenses to Cuban Village, Inc. The appellate court granted a writ to preserve the status quo, holding that an automatic stay of the decree on appeal stays only its mandatory provisions (requiring lice
• Dawson v. Nat'l Home Ins. Co.
  138 So. 2d 356· Fla. 3d DCA· 1962-03-05 ·cited 6×
  A complaint seeking to have a judgment satisfied, rather than merely seeking monetary damages, states a cause of action cognizable in equity.
• N. Beach Yellow CAB Co. v. Vill. OF BAL Harbour
  135 So. 2d 4· Fla. 3d DCA· 1961-11-30 ·cited 6×
  The court held that a municipality has the discretion to refuse to renew taxi permits, and courts will not substitute their judgment for that of the municipality absent proof of fraud or wrongdoing.
• United States v. Tapor-Ideal Dairy Co., Inc.
  283 F.2d 869· 6th Cir.· 1960-10-21 ·cited 6×
  The district court's dismissal of the Government's complaint is affirmed because the court correctly interpreted the relevant Supreme Court precedent.
• United States v. Bigan
  274 F.2d 729· 3d Cir.· 1960-02-03 ·cited 6×
  The court held that the Rivers and Harbors Act's mandatory injunction provision for removing "structures" does not apply to negligently caused obstructions of earth and debris.
• Val B. Richman and J. Kent Giles v. Beck
  257 F.2d 575· 10th Cir.· 1958-06-18 ·cited 6×
  The court held that the Secretary of the Interior was an indispensable party because the relief sought required the Secretary to exercise discretionary power over public lands.
• C. G. Ball (Margaret Eliza Ball v. Victor Adding Mach. Co.
  236 F.2d 170· 5th Cir.· 1956-08-10 ·cited 6×
  The court held that the employer is the real party in interest and that the trustee and retirement committee are not indispensable parties, allowing the case to proceed with the parties already before the court.
• Updegraff v. Talbott
  221 F.2d 342· 4th Cir.· 1955-04-12 ·cited 6×
  The court held that the district court properly dismissed the action for lack of jurisdiction, as it sought to control executive officers and was a suit against the government to which it had not consented.
• Bradley v. United States
  214 F.2d 5· 5th Cir.· 1954-06-28 ·cited 6×
  The court held that equity should treat housing priorities as granted when a federal official approved amended valuations and advised the builder that a new application was unnecessary.
• Angilly v. United States
  199 F.2d 642· 2d Cir.· 1952-11-07 ·cited 6×
  The court held that the plaintiff's claims were properly dismissed as the statutory procedures were followed and the district court lacked jurisdiction for salary recovery and reinstatement.
• Nat'l Labor Relations Bd. v. Star Metal MFG. Co.
  187 F.2d 856· 3d Cir.· 1951-03-06 ·cited 6×
  The court held that while respondents were in contempt, imprisonment was not warranted due to subsequent collective bargaining and expressions of regret, but fines and costs were imposed.
• United States v. Fortier
  185 F.2d 608· 1st Cir.· 1950-12-12 ·cited 6×
• United States v. Duvarney
  185 F.2d 612· 1st Cir.· 1950-12-12 ·cited 6×
  The court held that the government could not compel restitution for sales made after the Veterans' Emergency Housing Act was repealed, even if contracts were made prior to repeal, because no liability for restitution had been incurred before the repeal.
• Chicago v. Pender Drainage Dist.
  183 F.2d 773· 8th Cir.· 1950-07-13 ·cited 6×
  The court held that an appeal from an order denying a motion for a new trial is not an appealable order, and therefore the court lacks jurisdiction.
• First Nat. Bank of Holdenville v. Ickes
  154 F.2d 851· D.C. Cir.· 1946-04-01 ·cited 6×
• Cogswell v. Bd. of Levee Com'rs of Orleans Levee Dist.
  142 F.2d 750· 5th Cir.· 1944-05-18 ·cited 6×
  The court held that the suit did not present a federal question, thus the lower court lacked jurisdiction.
• Brown v. N. ST. Rucie River Drainage Dist.
  152 Fla. 107· Fla.· 1942-12-18 ·cited 6×
  Landowners outside a drainage district sought injunctive relief to prevent the district from blocking their drainage canal after water damage resulted from their failure to maintain a lock controlling water flow. The Florida Supreme Court affirmed the trial court's denial of the
• Gideon F. Hendrie v. Hendrie
  118 Fla. 478· Fla.· 1935-02-25 ·cited 6×
  In this 1935 Florida Supreme Court case, Beatrice Wood Hendrie sought separate maintenance and exclusive possession of marital property against her husband Gideon F. Hendrie and his son Harold R. Hendrie. The court reversed orders granting her relief, finding the trial court lack
• Sec'y of State Cord Byrd v. Black Voters Matter Capacity Bldg. Inst., Inc.
  339 So. 3d 1070· Fla. 1st DCA· 2022-05-27 ·cited 5×
  The appellate court reviewed a circuit court's decision to vacate a stay on a temporary injunction. The court found the temporary injunction unlawful because it granted affirmative relief rather than preserving the status quo, which is the sole purpose of such injunctions. The ca
• City OF S. Miami v. Shirley Homes, Inc.
  291 So. 2d 40· Fla. 3d DCA· 1974-02-12 ·cited 5×
  The Florida District Court of Appeal, Third District, addressed whether a city zoning ordinance requiring 20% owner consent for variance applications was unconstitutional. The court held that while such provisions can be valid, they are unconscionable and inapplicable when the pr
• Cent. & S. Fla. Flood Control Dist. v. Scott
  169 So. 2d 368· Fla. 2d DCA· 1964-12-04 ·cited 5×
  Residents of the unincorporated town of Olga sought a mandatory injunction requiring the state and county to replace a public bridge removed during a river-widening project and relocated five miles away. The court reversed dismissal and held that plaintiffs failed to state a caus
• Volusia Cnty. v. Eubank
  151 So. 2d 37· Fla. 1st DCA· 1963-03-12 ·cited 5×
  This case involves a dispute over the Volusia County Board of Commissioners' rejection of a petition to relocate the county seat. The court granted mandamus relief to require the Board to properly reconsider the petition according to statutory requirements and enjoined constructi
• Doernhoefer v. United States
  190 F.2d 358· 8th Cir.· 1951-07-30 ·cited 5×
  The court held that the trial court had jurisdiction to order restitution and that the defendant's claims of mistake and incomplete construction were not supported by evidence.
• E. Fla. Tel. Co. v. Seaboard Air Line Ry. Co.
  85 Fla. 378· Fla.· 1923-04-07 ·cited 5×
  The court considered whether a railroad company could obtain a mandatory injunction to remove a telephone company's poles and wires from its right-of-way after the telephone company had already constructed them without consent or compensation. The court held that a mandatory inju
• Amersham Enters., Inc. v. Hakim-Daccach
  333 So. 3d 289· Fla. 3d DCA· 2022-01-19 ·cited 4×
  This case involves a dispute over ownership interests in foreign corporations, with allegations of fraudulent divestment and conspiracy. The appellate court affirmed the lower court's denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens, finding
• Gyptec v. Hakim-Daccach
  299 So. 3d 481· Fla. 3d DCA· 2020-02-26 ·cited 4×
  The appellate court affirmed a trial court's order for a mandatory injunction. The injunction required appellants to return $19.5 million to an escrow account and prohibited further transfers, pending a determination of the appellee's ownership interest in the funds.
• Grant v. GHG014, LLC
  65 So. 3d 1066· Fla. 4th DCA· 2010-10-20 ·cited 4×
  Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
• Bistricer v. Oceanside Acquisitions, LLC
  937 So. 2d 786· Fla. 2d DCA· 2006-09-13 ·cited 4×
  The appellate court reviewed an order compelling a party to perform maintenance and repairs on condominium units. The court treated the petition as a nonfinal appeal of an injunction and reversed the order because it was entered without an evidentiary hearing, lacking a factual b
• Fla. Women's Med. Clinic, Inc. v. Sultan
  656 So. 2d 931· Fla. 4th DCA· 1995-05-03 ·cited 4×
  The court held that a tenant stated a valid cause of action for negligent misrepresentation against a landlord, even though the lease itself was unenforceable due to statutory non-compliance.
• Sweeney v. Mack
  625 So. 2d 15· Fla. 5th DCA· 1993-09-03 ·cited 4×
  The court held that the lower court erred in finding the covenants and restrictions unambiguous and in refusing to defer to the architectural review committee's approval of the Sweeneys' construction plans.
• Mid-America Pipeline Co. v. Lario Enters., Inc.
  942 F.2d 1519· 10th Cir.· 1991-08-30 ·cited 4×
  The court held that the asphalt racetracks and increased overburden materially interfere with MAPCO's easement rights, and that damages are an inadequate remedy, thus reversing the denial of a mandatory injunction.
• Justin Indus., Inc. v. Choctaw Sec., L.P.
  920 F.2d 262· 5th Cir.· 1990-12-18 ·cited 4×
  The court held that the denial of a preliminary injunction was appealable and that the district court erred in its materiality determination, remanding for further proceedings on permanent relief.
• Kenneth v. Hemmerle
  569 So. 2d 472· Fla. 4th DCA· 1990-09-12 ·cited 4×
  Kenneth Hemmerle appeals an order enforcing a contempt citation and $60,000 fine imposed for his refusal to comply with a mandatory injunction to remove construction equipment and toxic waste from foreclosed property. The court affirmed the contempt order, rejecting Hemmerle's du
• Hernstadt v. Brickell BAY Club Condo. Ass'n, Inc.
  560 So. 2d 1227· Fla. 3d DCA· 1990-04-03 ·cited 4×
  The Hernstadts appealed a final judgment on remand from an earlier appeal, challenging whether the trial court properly implemented the appellate mandate. The court affirmed, holding that the trial court correctly interpreted the mandate to enter judgment for the Association on i
• Tom Wood and wife v. Dozier
  529 So. 2d 1236· Fla. 1st DCA· 1988-08-11 ·cited 4×
  The court held that the trial court erred in entering an overbroad mandatory injunction without an evidentiary hearing on disputed issues regarding the number of units permissible per building under the restrictive covenant.
• Perkins v. Anderson
  518 So. 2d 1354· Fla. 1st DCA· 1988-01-14 ·cited 4×
  Property owners appealed the denial of their cross- and counterclaims seeking declaratory judgment to quiet title, establish a way of necessity, and obtain an injunction against water flooding from an adjacent lake. The appellate court reversed on the statutory way of necessity c
• Martin v. Pinellas Cnty.
  483 So. 2d 445· Fla. 2d DCA· 1986-01-10 ·cited 4×
  The court held that Charles Martin could not be held in contempt for violating the monitoring provision of an injunction because the order was not clear in its commands regarding monitoring locations. The court affirmed contempt findings against both Charles and W.H. Martin for v
• DOE v. Blum
  729 F.2d 186· 2d Cir.· 1984-02-24 ·cited 4×
  The court held that plaintiffs lacked standing to claim denial of services, and that New York's practice of sending family planning information to the head of the household complied with federal law.
• Scarfone v. Culverhouse
  443 So. 2d 122· Fla. 2d DCA· 1983-11-23 ·cited 4×
  Lee and Patricia Scarfone appealed a mandatory injunction requiring them to remove a window they installed in their penthouse unit's exterior wall at the Pinnacle Apartments. The Florida appellate court affirmed the injunction, holding that the Board of Directors lacked authority
• Meristem Valley Nursery, Inc. v. Metro. Dade Cnty.
  428 So. 2d 726· Fla. 3d DCA· 1983-03-15 ·cited 4×
  The court held that while the temporary injunction was overly broad, the subsequent mandatory injunction ordering removal of structures was proper because the appellant failed to comply with the original order.
• Trueba v. Pawley
  407 So. 2d 945· Fla. 3d DCA· 1981-12-08 ·cited 4×
  The Florida Third District Court of Appeal reversed the trial court's dismissal of a family's action seeking disinterment of their father's remains from a cemetery that had initially buried him in the wrong plot. The court held that the family had sufficient justification to obta