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

• Fadel Elbadramany v. Oceans Four Condo. Ass'n, Inc.
  532 So. 2d 64· Fla. 5th DCA· 1988-10-13 ·cited 2×
  Fadel Elbadramany appeals a mandatory injunction entered against him by the trial court. The appellate court reverses, holding that the trial court lacked jurisdiction to grant the injunction because it was never properly requested or adjudicated in the original case, and grantin
• Paradyne Corp. v. Irwin H. Miller and Sonya Miller
  455 So. 2d 432· Fla. 2d DCA· 1984-07-25 ·cited 2×
  The circuit court had jurisdiction to enforce the DOT permit but erred in ordering construction beyond its enforcement authority, violating due process.
• Sunrise Lakes Condo. Apts. v. Hechtman
  446 So. 2d 272· Fla. 4th DCA· 1984-03-14 ·cited 2×
  The court reversed summary judgment for the unit owners and remanded because the trial court improperly granted summary judgment despite disputed material facts and because estoppel was not properly pleaded as an affirmative defense.
• The People OF the State OF Cal. & the Pub. Utils. Comm'n of the State of Cal. v. Nw. Pac. R.R. Co.
  726 F.2d 505· 9th Cir.· 1984-02-13 ·cited 2×
• Cnty. OF Halifax v. Lever
  718 F.2d 649· 4th Cir.· 1983-09-29 ·cited 2×
  The district court lacked jurisdiction to entertain an action seeking to invalidate a FERC permit, as exclusive review lies with the Court of Appeals.
• United States v. Bd. of Trs. of Fla. Keys Cmty. Coll.
  531 F. Supp. 267· S.D. Fla.· 1981-09-03 ·cited 2×
  The court held that both the Board of Trustees and Charley Toppino & Sons, Inc. violated the Rivers and Harbors Appropriation Act and the Clean Water Act by filling a slough without a federal permit, and imposed fines and ordered mitigation or restoration.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Bankers Life & Cas. Co.
  331 So. 2d 381· Fla. 1st DCA· 1976-04-30 ·cited 2×
  The Board of Trustees of the Internal Improvement Trust Fund appealed a trial court decision finding that Bankers Life and Casualty Company retained rights under the Butler Act (1921) to fill submerged lands adjacent to its property between the high water mark and established bul
• City OF Miami v. Butcher
  303 So. 2d 378· Fla. 3d DCA· 1974-10-29 ·cited 2×
  City of Miami appeals a declaratory judgment and mandatory injunction requiring it to grant salary increases to Parks and Water & Sewers employees equal to those given to Sanitation workers, based on the City Charter requirement that compensation be uniform for like services. The
• Tobler v. Beckett
  297 So. 2d 59· Fla. 2d DCA· 1974-06-26 ·cited 2×
  Raymond Tobler appealed the denial of his request for injunctive relief and declaratory judgment challenging a city zoning ordinance prohibiting his massage parlor operation, and also challenged the validity of the municipal court prosecuting him. The court affirmed the lower cou
• Martin J. Awbrey and wife v. City OF Panama City Beach
  283 So. 2d 114· Fla. 1st DCA· 1973-09-27 ·cited 2×
  Homeowners sought damages and injunctive relief after a municipality constructed a sewer lift station in the street right-of-way adjacent to their property, obstructing approximately 24 feet of their frontage and impairing access to the street. The court affirmed summary judgment
• City OF N. Miami v. Outrigger Club, Inc.
  269 So. 2d 12· Fla. 3d DCA· 1972-11-21 ·cited 2×
  The court held that the forty-foot height limitation in Section 29-50 does not apply to buildings constructed under the 1-B1 zoning district regulations when incorporated into a 2-C district, and that the city must review the building plans.
• Tornillo v. Miami Herald Publ'g Co.
  38 Fla. Supp. 80· Dade Cty. Cir. Ct.· 1972-10-20 ·cited 2×
  The court held that Florida Statute §104.38 is unconstitutional on its face as it violates the First Amendment by impermissibly infringing upon freedom of the press and is also void for vagueness.
• United Automobile v. Nat'l Labor Relations Bd.
  462 F.2d 298· D.C. Cir.· 1972-03-30 ·cited 2×
  The court held that the National Labor Relations Board (NLRB) did not adequately consider the challenged ballots when it set aside an election due to a business transfer, and thus the case must be remanded for the Board to resolve the ballot challenges.
• Miller v. Kusper
  445 F.2d 1059· 7th Cir.· 1971-07-15 ·cited 2×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
• United States v. Harrison Cnty.
  445 F.2d 276· 5th Cir.· 1971-06-24 ·cited 2×
  The District Court erred by dismissing the Bolton claim without hearing evidence on whether the beach was submerged or artificially constructed.
• Ewing v. Camacho
  441 F.2d 1142· 9th Cir.· 1971-04-26 ·cited 2×
  The court held that the district court's findings and legal conclusions were supported by substantial proof and were fully warranted, affirming the judgment against the plaintiff.
• Cnty. OF Santa Barbara v. Malley
  426 F.2d 171· 9th Cir.· 1970-04-21 ·cited 2×
  The court held that plaintiffs were unlikely to prevail on the merits of their claim for public hearings regarding Outer Continental Shelf permit applications, and thus the district court did not abuse its discretion in denying a preliminary injunction.
• Liberty Equities Corp. v. Joe's Creek Indus. Park, Inc.
  214 So. 2d 888· Fla. 2d DCA· 1968-10-30 ·cited 2×
  Liberty Equities leased land to Joe's Creek Industrial Park with purchase options. When Liberty threatened cancellation, Joe's Creek sought injunctive relief including a mandatory injunction requiring Liberty to convey property parcels to third-party purchasers. The appellate cou
• Louks v. The United States
  395 F.2d 993· Ct. Cl.· 1968-06-14 ·cited 2×
  The court held that the plaintiff's separation was arbitrary and capricious due to the defendant's contradictory actions and confusing communications regarding her transfer, entitling her to recover her salary.
• The Exch. Nat'l Bank OF Chicago v. Arne Rock & Grand Turk Line, Ltd.
  197 So. 2d 52· Fla. 3d DCA· 1967-03-21 ·cited 2×
  The court held that the federal statute mandating venue for national banks in their county of establishment is mandatory and was not waived by the bank's actions.
• Bd. of Pub. Instruction of Palm Beach Cnty. v. First Fla. Utils., Inc.
  28 Fla. Supp. 175· Palm Beach Cty. Cir. Ct.· 1967-01-13 ·cited 2×
  A party with actual knowledge of an injunction is bound by its terms, even if formal service of process was not perfected.
• Ringsmith v. Squibb
  193 So. 2d 59· Fla. 2d DCA· 1966-12-21 ·cited 2×
  Plaintiff appealed from interlocutory orders dismissing his complaint for failure to exhaust administrative remedies and failure to comply with notice requirements before seeking mandatory injunction to force defendants to relocate a dwelling house in a residential zone. The appe
• S. Dade Tel. Answering & Dictating Serv., Inc. v. S. Bell Tel. & Tel. Co.
  25 Fla. Supp. 175· Dade Cty. Cir. Ct.· 1965-07-18 ·cited 2×
  A corporation cannot use Florida's fictitious name statute to compel a telephone company to publish fictitious business names in the yellow pages, as corporations are expressly excepted from that statute's protections.
• Potter v. State OF Mo.
  325 F.2d 525· 8th Cir.· 1963-12-27 ·cited 2×
  Federal courts cannot interfere with threatened state criminal proceedings unless there is clear and imminent irreparable injury.
• Crowl v. McDUFFIE
  134 So. 2d 542· Fla. 1st DCA· 1961-11-14 ·cited 2×
  Homeowners in a subdivision sought a mandatory injunction to require removal of a detached garage built in violation of restrictive covenants limiting garages to the rear one-third of lots. The court affirmed the dismissal of the complaint but rejected the lower court's reasoning
• State Rd. Dep't OF Fla. v. Frugoli
  123 So. 2d 473· Fla. 1st DCA· 1960-10-06 ·cited 2×
  The State Road Department appealed a dismissal of its complaint seeking mandatory injunction to remove encroaching property improvements from a public highway right of way. The court held that the complaint, despite being poorly pleaded, sufficiently alleged a cause of action for
• Murphy v. Love
  249 F.2d 783· 10th Cir.· 1957-10-29 ·cited 2×
  Kansas cannot seize liquor shipments to a military reservation for non-compliance with state tax stamp requirements when the state lacks statutory authority to collect such taxes on the reservation and the seizure unduly burdens interstate commerce.
• United States v. Fauci
  242 F.2d 237· 1st Cir.· 1957-03-20 ·cited 2×
  The court held that the order directing trustees to pay monthly sums from trust income is not an appealable injunction under 28 U.S.C. § 1292(1).
• Hartwig v. United States
  209 F.2d 604· 9th Cir.· 1954-01-14 ·cited 2×
  The court held that a genuine issue of material fact existed regarding whether the dwellings were sold in excess of the maximum price, precluding summary judgment.
• United States v. Kovich
  201 F.2d 470· 7th Cir.· 1953-01-27 ·cited 2×
  The court held that the order directing the landlord to return unspecified personal property was void for lack of evidence and uncertainty.
• Borah v. White Cnty. Bridge Comm'n
  199 F.2d 213· 7th Cir.· 1952-10-17 ·cited 2×
  An individual user and tollpayer of a bridge commission, without a special injury distinct from the public, is not an 'interested person' with a right to inspect commission records under the Act.
• Marzall v. Libby
  188 F.2d 1013· D.C. Cir.· 1951-03-29 ·cited 2×
  The court held that the Commissioner of Patents should have allowed the trademark opposition proceedings to go forward because the plaintiff's actions, while not strictly conforming to all statutory requirements within the initial 30-day period, were reasonable given the ambiguit
• Tringali v. Bd. of Cnty. Comm'rs of Pottawatomie Cnty.
  176 F.2d 110· 10th Cir.· 1949-07-18 ·cited 2×
  The court held that reassessments against other lands in the district are not permissible to cover deficiencies for unpaid bonds when original assessments were valid.
• Farmers Grain Co. v. Toledo
  158 F.2d 109· 7th Cir.· 1946-11-20 ·cited 2×
  The court should affirm the dismissal of the railroad's cross-complaint and order the issuance of a mandatory injunction compelling the railroad to resume operation, reversing the order appointing a receiver.
• Nat'l Hosp. Serv. Soc., Inc. v. Jordan
  128 F.2d 460· D.C. Cir.· 1942-05-28 ·cited 2×
  A party cannot invoke estoppel to obtain a license that a statute forbids, especially when it would prejudice the public interest.
• Peacock v. Roberts
  142 Fla. 701· Fla.· 1940-05-06 ·cited 2×
  Petitioners sought a writ of certiorari to review a circuit court's denial of a mandatory injunction requiring election officers to perform statutory duties for a primary election scheduled for May 7, 1940. The Florida Supreme Court denied the petition as moot because the electio
• State v. Florida East Coast Railway
  80 Fla. 411· Fla.· 1920-06-24 ·cited 2×
  The State of Florida sought to recover overcharges collected by Florida East Coast Railway in violation of freight rate regulations. The Supreme Court affirmed that a general statute of limitations applies to the action rather than a special limitation period, and that the statut
• The Atl. v. State
  42 Fla. 358· Fla.· 1900-06-01 ·cited 2×
  This case concerns whether a state statute requiring railroad companies to construct connecting switches and side-tracks is constitutional and whether a bill in equity is the proper legal remedy. The court affirmed the lower court's decision, finding that the statute was a valid
• Gulf Coast Commercial, LLC. v. KOS Corp.
  351 So. 3d 1212· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  304 So. 3d 23· Fla. 4th DCA· 2020-10-21 ·cited 1×
  The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
• Royal Harbour Yacht Club Marina Condo. Ass'n, Inc. v. Maresma
  304 So. 3d 1268· Fla. 3d DCA· 2020-03-18 ·cited 1×
  The appellate court reversed a summary judgment granted to a homeowner who sued his condominium association for denying his application to install a boat lift. The court found that disputed facts regarding the reasonableness of the association's decision, particularly concerning
• Luani Plaza, Inc. v. Burton
  149 So. 3d 712· Fla. 3d DCA· 2014-10-08 ·cited 1×
  Luani Plaza, Inc. (an owners' association) appealed a bench trial judgment that allowed Dr. Michael Burton to convert his commercial units to residential use. The appellate court reversed the portion permitting residential conversion, holding that the Fifth Amendment prohibiting
• Rubin v. Addison Reserve Country Club, Inc.
  126 So. 3d 1189· Fla. 4th DCA· 2012-10-10 ·cited 1×
• Alston v. Alston
  960 So. 2d 879· Fla. 4th DCA· 2007-07-18 ·cited 1×
  A former wife sought military survivor benefits promised in her marital settlement agreement but was denied by the Army due to her ex-husband's untimely filing of required forms. The trial court granted summary judgment in favor of the former wife against the second wife on the t
• General Gene Sterling v. Brevard Cnty.
  776 So. 2d 281· Fla. 5th DCA· 2000-11-17 ·cited 1×
  The Charter Review Commission (CRC) of Brevard County sought declaratory and injunctive relief to compel the County Commission to place six proposed charter amendments on the ballot after the Commission refused them based on alleged procedural defects. The appellate court reverse
• Chiles v. United States
  874 F. Supp. 1334· S.D. Fla.· 1994-12-20 ·cited 1×
  The court held that the plaintiffs' claims regarding the enforcement of immigration laws and the provision of social benefits to undocumented aliens were non-justiciable political questions or barred by sovereign immunity, and that the claim for funds from the Immigration Emergen
• Johnson v. Tlush
  468 So. 2d 1023· Fla. 4th DCA· 1985-04-24 ·cited 1×
  The court held that the construction of a private dock on the waterway abutting common property violated the rights of other property owners, who had standing to enforce restrictions.
• McKELVEY v. Kismet, Inc.
  430 So. 2d 919· Fla. 3d DCA· 1983-04-19 ·cited 1×
  McKelvey and Bard appealed a cost judgment awarding attorney's fees and costs to Kismet after the appellants voluntarily dismissed their foreclosure claim and had their unlawful detainer count involuntarily dismissed. The court affirmed, holding that costs and attorney's fees mus
• J. Batt, Inc. v. Wellington Constr. & Realty, Inc.
  379 So. 2d 461· Fla. 4th DCA· 1980-02-06 ·cited 1×
  A plumbing contractor appealed a partial summary judgment dismissing mechanic's and equitable lien claims and an accompanying mandatory injunction requiring removal of filed liens. The appellate court dismissed for lack of jurisdiction, finding the order non-final and the injunct
• Coral Ridge Golf Course, Inc. v. The City OF Fort Lauderdale
  253 So. 2d 485· Fla. 4th DCA· 1971-10-05 ·cited 1×
  A complaint seeking injunctive relief against enforcement of a zoning ordinance must allege sufficient ultimate facts demonstrating irreparable injury and denial of due process with a lack of reasonable relationship to public health, morals, safety, and general welfare, and mere