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

• Pope v. The United States Parole Comm'n
  647 F.2d 125· 10th Cir.· 1981-04-27 ·cited 4×
  The court held that the Parole Commission's designation of a case as 'original jurisdiction' does not violate a prisoner's due process rights, even if a liberty interest in parole exists.
• Calder Race Course, Inc. v. Gaitan
  393 So. 2d 15· Fla. 3d DCA· 1980-12-16 ·cited 4×·via Temporary Mandatory Injunction
  Calder Race Course appeals from an order granting trainer Frank Gaitan a temporary mandatory injunction requiring the race course to provide him with horse stalls. The court reverses, holding that despite state regulation of pari mutuel racing, private race tracks remain private
• Elbert C. Robinson and Verna Cotten Robinson v. Bailey
  370 So. 2d 46· Fla. 1st DCA· 1979-04-17 ·cited 4×
  Robinson appealed from a trial court order amending a final judgment to award indemnification and attorney's fees to lessees (Linzys) against their former landlord (Robinson) for damages incurred defending against a suit by a subsequent property grantee (Bailey). The court affirm
• Bd. of Cnty. Comm'rs of Pasco Cnty. v. Hesse
  351 So. 2d 1124· Fla. 2d DCA· 1977-11-16 ·cited 4×
  The appellate court reversed a lower court's order enforcing a prior judgment, finding that the lower court lacked jurisdiction to modify its final judgment and that the proposed modifications to the site plan constituted a material departure from the original agreement.
• Consumers Union OF United States, Inc. v. Comm. FOR the Implementation OF Textile Agreements
  561 F.2d 872· D.C. Cir.· 1977-04-20 ·cited 4×
  The court held that the Customs Court has exclusive jurisdiction over challenges to the administration of the United States program regulating textile imports by quota.
• Parents' Comm. OF Pub. Sch. 19 v. The Cmty. Sch. Bd. OF Cmty. Sch. Dist. NO. 14 OF the City OF NEW York
  524 F.2d 1138· 2d Cir.· 1975-08-25 ·cited 4×·via Mandatory Preliminary Injunction
  The court held that the order under appeal, while not a traditional injunction, was appealable under the collateral order doctrine as it required significant expenditure and addressed a novel issue.
• Clifton D. Mayhew, Inc. v. Blake Constr. Co., Inc.
  482 F.2d 1260· 4th Cir.· 1973-07-26 ·cited 4×
  The court held that Blake had no contractual or legal duty to assert Mayhew's claim for extra work in the Court of Claims, but Mayhew's claim for damages was not barred by the statute of limitations.
• Tims v. The Bd. OF Educ. OF McNEIL
  452 F.2d 551· 8th Cir.· 1971-12-17 ·cited 4×
  The court held that the appellant failed to meet his burden of proving racial discrimination in the school board's decision not to rehire him.
• Murphy OIL Corp. v. Hickel
  439 F.2d 417· 8th Cir.· 1971-03-08 ·cited 4×
  The dissenting judge would affirm the district court's decision, finding the regulation's literal language inapplicable to Murphy Oil.
• United States v. Harrison Cnty.
  414 F.2d 784· 5th Cir.· 1969-08-07 ·cited 4×
  The court held that Harrison County's contract dedicating the beach to public use must be enforced, and landowners are prohibited from interfering with this use, despite claims of acquisition by artificial accretion.
• Coral v. Funderberg
  396 F.2d 638· 9th Cir.· 1968-06-11 ·cited 4×
  The court held that the Secretary of the Interior was not required to grant a leasehold interest to an occupant of an unpatented mining claim who did not meet the statutory definition of a "qualified applicant" as a principal place of residence.
• Aeronautical Radio, Inc. v. Nat'l Mediation Bd.
  380 F.2d 624· D.C. Cir.· 1967-06-02 ·cited 4×
  The court held that the National Mediation Board's certification of a union representative was permissible despite a plurality of votes, and the district court erred in denying a mandatory injunction to compel bargaining.
• McWHORTER v. Kennedy
  324 F.2d 793· 8th Cir.· 1963-12-06 ·cited 4×
  The court held that federal courts lack jurisdiction to compel the Attorney General to take action regarding a state's detainer against a federal prisoner.
• Davis v. Bd. OF Parole OF the Dep't OF Just. OF the United States
  306 F.2d 801· D.C. Cir.· 1962-06-28 ·cited 4×
  The District Court properly exercised its discretion in dismissing the prisoner's complaint for a declaratory judgment and mandatory injunction.
• R. W. Cotney et ux. v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  140 So. 2d 877· Fla. 2d DCA· 1962-05-09 ·cited 4×
  The court held that construction undertaken illegally without required permits does not create a vested right to complete the addition, even if commenced before zoning regulations went into effect.
• United States v. Republic Steel Corp.
  286 F.2d 875· 7th Cir.· 1961-02-17 ·cited 4×
  The court held that the prohibitory injunction should be amended to limit its scope to the area of actual deposits and affirmed as amended, but reversed the mandatory injunction due to erroneous determination of defendants' several responsibilities.
• City OF Homestead v. DE Witt
  126 So. 2d 582· Fla. 3d DCA· 1961-02-09 ·cited 4×
  The appellate court affirmed a declaratory decree and mandatory injunction ordering the City of Homestead to restore an injured police officer to the payroll and pay his salary, finding the city estopped from denying a policy of compensating injured officers.
• Crawford v. McLAUGHLIN
  286 F.2d 821· D.C. Cir.· 1960-12-15 ·cited 4×
  The court held that the evidence supported the conclusion that the appellant's disability was due to an injury received in the performance of duty, entitling him to retirement under the higher benefit provision.
• Abe Stein and Alice N. Stein v. Darby
  114 So. 2d 368· Fla. 1st DCA· 1959-09-08 ·cited 4×
  Homeowners appealed the dismissal of their complaint seeking equitable relief for access to their landlocked property. The court held that the complaint stated sufficient claims against the neighboring property owners for both a statutory way of necessity and for recognition of a
• Danenberg v. Cohen
  213 F.2d 944· 7th Cir.· 1954-06-14 ·cited 4×
  The appeal abates as to the retired United States Attorney and must be dismissed because the action sought to compel a personal action no longer within his control.
• McGREGOR v. McGREGOR
  201 F.2d 528· 10th Cir.· 1953-01-02 ·cited 4×
  The court held that the plaintiffs failed to state a claim upon which relief could be granted because they had an adequate remedy in Louisiana courts and a court of equity will not issue a mandatory injunction requiring an act in another jurisdiction.
• Goldstein v. Johnson
  184 F.2d 342· D.C. Cir.· 1950-07-03 ·cited 4×
  The District Court correctly determined it lacked jurisdiction to review the court-martial proceedings because the appellant was not in confinement.
• Pinellas Cnty. v. Roach
  160 Fla. 713· Fla.· 1948-07-23 ·cited 4×
  The Florida Supreme Court affirmed a lower court's denial of a mandatory injunction sought by Pinellas County to reopen a road. The county claimed a public right to the road based on long-term public use, but the court found this use to be permissive, not adverse, and that the co
• United States v. Turner Dairy Co.
  166 F.2d 1· 7th Cir.· 1948-02-18 ·cited 4×
  A district court in an enforcement action cannot rule on the validity of an order if the handler has not first pursued administrative remedies with the Secretary of Agriculture.
• Edgerton v. Kingsland
  168 F.2d 128· D.C. Cir.· 1947-12-04 ·cited 4×
  The court held that the Commissioner of Patents' refusal to allow amendments to a patent application, based on the determination that they constituted new matter under Patent Office Rule 70, was a discretionary act not subject to compelled reversal by mandamus.
• United States v. Turner Dairy Co.
  162 F.2d 425· 7th Cir.· 1947-06-20 ·cited 4×
  The court held that it had jurisdiction to enter a mandatory injunction compelling payment of amounts due under the Agricultural Marketing Agreement Act, even if not explicitly prayed for in the original complaint, when such relief was incidental to the main action and necessary
• Minn. Mining & Mfg. Co. v. COE
  143 F.2d 12· D.C. Cir.· 1944-05-01 ·cited 4×
  The court held that the Patent Office did not abuse its discretion in refusing to enter amended patent claims after a final rejection, as the amendments were not for clarifying issues on appeal.
• Graham v. Fed. Tender Bd. NO. 1
  118 F.2d 8· 5th Cir.· 1941-03-04 ·cited 4×
  The court held that the Federal Tender Board could use its statutory subpoena power and seek court compulsion for testimony, even though the Act also provided for mandatory injunctions.
• Lightsey v. Wash. Park Props., Inc.
  93 Fla. 531· Fla.· 1927-03-15 ·cited 4×
  This case involves a dispute over "white settlement" signs and intimidation tactics used by property owners against potential Black purchasers. The appellate court reversed the lower court's injunction, finding the decree against the weight of the evidence.
• House v. Marshall
  90 Fla. 123· Fla.· 1925-07-08 ·cited 4×
  This case involves an appeal from two interlocutory orders granting temporary injunctions without proper notice or sufficient factual basis in the bills filed. The appellate court found the bills insufficient to support the injunctions.
• Pavilion at Healthpark, LLC v. S. M.
  403 So. 3d 517· Fla. 6th DCA· 2025-03-07 ·cited 3×
  Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
• Hirchert Fam. Tr. v. Johnee Ann Alle Hirchert
  65 So. 3d 548· Fla. 5th DCA· 2011-06-17 ·cited 3×
  The Hirchert Family Trust appealed a Florida trial court judgment that refused to enforce a California court's order directing the appellee to convey her Florida homestead property to satisfy a constructive trust imposed for breach of fiduciary duty. The appellate court held that
• Cone v. Anderson
  944 So. 2d 1073· Fla. 1st DCA· 2006-10-20 ·cited 3×
  The appellate court reversed and quashed an injunction because the trial court failed to comply with Florida Rule of Civil Procedure 1.610's requirements for issuing injunctions, even though the order was merely intended to preserve the status quo.
• Vavrus v. City OF Palm Beach Gardens
  927 So. 2d 992· Fla. 4th DCA· 2006-04-05 ·cited 3×
  The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
• Clasby v. The Univ. OF Miami
  356 So. 2d 915· Fla. 3d DCA· 1978-03-28 ·cited 3×
  Dr. Clasby, a non-tenured faculty member at the University of Miami, sued to enforce a settlement agreement promising tenure consideration, claiming the University breached by having mid-level administrators recommend against her tenure despite receiving majority departmental vot
• Antonio DO Couto et ux. v. Itt Cmty. Dev. Corp.
  347 So. 2d 1059· Fla. 1st DCA· 1977-06-20 ·cited 3×
  A Florida appellate court reversed a mandatory injunction requiring removal of a double garage built on a residential lot, finding that the trial court failed to balance equities and that ITT, the developer, had not established entitlement to such drastic relief despite the struc
• Pinellas Cnty. v. Jasmine Plaza, Inc.
  334 So. 2d 639· Fla. 2d DCA· 1976-07-09 ·cited 3×
  The court held that the county ordinance unlawfully delegates authority to the County Administrator without providing adequate standards or guidelines, rendering it unconstitutional as applied.
• Overstreet v. Lamb
  128 So. 2d 897· Fla. 1st DCA· 1961-04-20 ·cited 3×
  Plaintiffs sought a mandatory injunction to remove encroaching structures from property they purchased from defendant via warranty deed. The trial court transferred the case to the law side for trial on ownership, but the appellate court reversed, holding that defendant was estop
• Mesabi Iron Co. v. Reserve Mining Co.
  268 F.2d 782· 8th Cir.· 1959-07-13 ·cited 3×
  The court denied the motion for a stay pending appeal, finding it unnecessary to preserve the status quo or effectiveness of a potential future judgment.
• Stevens v. Sterling
  2 Fla. Supp. 67· Lake Cty. Cir. Ct.· 1949-08-01 ·cited 3×
  The court denied a mandatory injunction sought by county commissioners and a taxpayer to remove obstructions from a road, finding that the public did not establish a prescriptive right due to permissive use.
• Kennedy v. DeLONG
  157 Fla. 15· Fla.· 1946-02-01 ·cited 3×
  Kennedy sued to enjoin and recover property from a prior unlawful detainer judgment, seeking interpretation of a lease and restitution after losing the detainer action. The Florida Supreme Court affirmed the lower court's dismissal, holding that appellants should have sought equi
• Parker v. United States
  129 F.2d 374· 1st Cir.· 1942-06-30 ·cited 3×
  The court held that it would not grant bail pending appeal in a civil contempt case involving a compensatory fine, given the defendant's history of non-compliance and the purpose of the fine.
• Marion Cnty. v. Ray
  107 Fla. 715· Fla.· 1932-12-13 ·cited 3×
  Marion County sought to enjoin landowners Ray and Davidson from obstructing an alleged public road. The trial court dismissed the bill, finding insufficient evidence of an existing public road at the disputed location. The Florida Supreme Court affirmed, holding that equity will
• McConico v. Morgan's Mill Prop. Owners Ass'n, Inc.
  387 So. 3d 368· Fla. 6th DCA· 2023-08-25 ·cited 2×
  The appellate court reversed a lower court's decision to grant an injunction against a homeowner for property maintenance violations. The court found that the homeowners' association had an adequate remedy at law, specifically the ability to perform the maintenance itself and cha
• Cabana Key Condo. Ass'n v. Schofield
  278 So. 3d 887· Fla. 5th DCA· 2019-08-29 ·cited 2×
  The court held that while the trial court correctly granted summary judgment for specific performance and found the requirements for a mandatory injunction were met, the injunction order was facially defective for failing to state the reasons for its entry.
• Boulder Venture S., LLC v. Sabow
  204 So. 3d 114· Fla. 2d DCA· 2016-11-16 ·cited 2×
  The court affirmed the final judgments but remanded to strike surplus language from the findings of fact and conclusions of law regarding a guaranty.
• Vertex Dev., LLC v. Manatee Cnty.
  761 F. Supp. 2d 1348· M.D. Fla.· 2011-01-03 ·cited 2×
  The court held that the denial of Vertex's application was supported by substantial evidence in the written record, and thus did not violate the Telecommunications Act of 1996.
• Abramson v. Beer
  936 So. 2d 1208· Fla. 4th DCA· 2006-09-01 ·cited 2×
  Court affirmed dismissal of petition for mandatory injunction to remove judicial candidate from ballot because plaintiff failed to name indispensable parties (election officials) as defendants.
• Chrysler Motors Corp. v. Int'l Union, Allied Indus. Workers OF Am., AFL-CIO
  909 F.2d 248· 7th Cir.· 1990-08-02 ·cited 2×
  An order confirming an arbitration award that mandates employee reinstatement is an appealable injunction, even if other relief remains pending before the arbitrator. The district court retains jurisdiction to consider contempt proceedings while the appeal is pending.
• J. Sternberg, S. Schulman & Assocs., M.D., P.A. v. Hosp. Corp. OF Am.
  571 So. 2d 1334· Fla. 4th DCA· 1989-06-21 ·cited 2×
  Radiologists appealed a trial court's denial of a temporary injunction seeking to prevent a hospital from restricting their services after the hospital conducted a competitive bidding process for radiologist services and awarded the contract to another group. The appellate court