Permanent Injunction

757 Florida cases classified under this topic, plus 75 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Daubert v. Percy
  713 F.2d 328· 7th Cir.· 1983-08-04 ·cited 2×
  The Eleventh Amendment does not prohibit a district court order requiring a state to pay welfare benefits that accrued during a period when a prior injunction was improperly modified.
• Park S. Hotel Corp. v. NEW York Hotel Trades Council & Hotel Ass'n OF NEW York City
  705 F.2d 27· 2d Cir.· 1983-04-05 ·cited 2×
  The court held that the district court erred in granting a permanent injunction and dismissing the petition without affording the Fund adequate notice and an opportunity to be heard.
• Equal Emp. Opportunity Comm'n v. H. S. Camp & Sons, Inc.
  542 F. Supp. 411· M.D. Fla.· 1982-06-01 ·cited 2×
  The court found that while statistical analyses showed disparities, the employer's hiring decisions were not discriminatory based on race or sex, with specific hiring decisions justified by legitimate, non-discriminatory reasons.
• Sec. & Exch. Comm'n v. Moss
  644 F.2d 313· 4th Cir.· 1981-03-10 ·cited 2×
  The dissenting judge argues that a party's inability to comply with a court order is a complete defense to civil contempt.
• Goforth v. Poythress
  638 F.2d 27· 5th Cir.· 1981-02-23 ·cited 2×·via Request For Permanent Injunction
  A state statute requiring sheriffs to possess a high school diploma or its equivalent does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Pickens v. Okolona Mun. Separate Sch. Dist.
  594 F.2d 433· 5th Cir.· 1979-05-03 ·cited 2×
  The court held that while injunctive relief was proper to prevent disruption of a unitary school system, the injunction's permanent nature and absolute prohibition within one block were overly broad.
• Ralo, Inc. v. Graham
  362 So. 2d 310· Fla. 2d DCA· 1978-07-21 ·cited 2×
  Ralo, a sightseeing cruise operator, appealed an eviction order after Marine, a marina operator with a lease to the City of Sarasota conditioned on public use, terminated Ralo's month-to-month dock usage without cause. The court reversed, holding that Marine's obligation to offer
• Craig v. Colburn
  570 F.2d 916· 10th Cir.· 1978-02-23 ·cited 2×·via Permanent Injunctive Relief
  The court held that the Director of the United States Marshals Service had the authority to involuntarily reassign a Chief Deputy United States Marshal under applicable statutes and regulations.
• Island Creek Coal Co. v. Local Union NO. 1827 OF the United Mine Workers OF Am.
  568 F.2d 7· 6th Cir.· 1977-12-30 ·cited 2×
  The court held that the contempt order was appealable and vacated the district court's judgment against the union, remanding for reconsideration in light of intervening precedent.
• Will Ross, Inc. v. Fla. State Bd. OF Optometry
  314 So. 2d 152· Fla. 1st DCA· 1975-06-12 ·cited 2×
  The Florida State Board of Optometry sought a permanent injunction against optical companies for allegedly inducing optometrists to violate state law. The appellate court reversed the trial court's denial of the motion to dismiss, holding that Chapter 463 does not create a statut
• United States v. Diapulse Corp. OF Am.
  514 F.2d 1097· 2d Cir.· 1975-03-21 ·cited 2×
  The court held that the injunction was properly modified to cover devices held by practitioners and that the inspectional authority granted was not exceeded.
• Sec. & Exch. Comm'n v. N. Am. Research & Dev. Corp.
  511 F.2d 1217· 2d Cir.· 1975-02-24 ·cited 2×
  The court held that the application of Fed.R.Civ.P. 65(a)(2) did not deny appellants due process, as they had adequate notice and opportunity to present their defense.
• Del. & Hudson Ry. Co. v. United Transp. Union
  461 F.2d 671· 2d Cir.· 1972-05-31 ·cited 2×
  The court held that the district court properly classified the dispute as 'minor' under the Railway Labor Act and affirmed the injunction, but remanded for the district court to determine equitable claims filing.
• Munitions Carriers Conf., Inc. v. Am. Farm Lines
  440 F.2d 944· 10th Cir.· 1971-03-30 ·cited 2×
  The court held that the appellants willfully violated the permanent injunction by engaging in specific types of freight transportation, and the damages award was not inequitable despite subsequent legal developments.
• CY Ellis RAW BAR v. Dist. OF Columbia Redev. Land Agency
  433 F.2d 543· D.C. Cir.· 1970-08-27 ·cited 2×
  The court held that the RLA's interpretation and procedure violated the statute, and the plaintiff was entitled to injunctive relief to protect her statutory priority rights.
• Flagler Hosp., Inc. v. Hayling
  344 F.2d 950· 5th Cir.· 1965-05-06 ·cited 2×
  The court held that the permanent injunction, as construed, properly limited discriminatory admission terms and retained jurisdiction for future orders regarding segregated facilities.
• Warner Holding Co. v. United States
  204 F.2d 156· 8th Cir.· 1953-05-04 ·cited 2×
  The court held that payments for decorating, required as a condition of rental, constituted rent and were subject to maximum rent regulations, even if paid during a statutory hiatus. The court also affirmed the issuance of a permanent injunction.
• Woods v. Fliss
  168 F.2d 612· 7th Cir.· 1948-06-23 ·cited 2×
  A party must obey a court's lawful order unless modified or reversed, regardless of the underlying statute's constitutionality, and factual findings by the trial court are generally unassailable on appeal.
• Bowles v. Dodge
  141 F.2d 969· 9th Cir.· 1944-03-29 ·cited 2×
  It is an abuse of discretion for a judge to vacate a stipulated permanent injunction decree on their own motion without party dissatisfaction.
• Windsor v. Pepperman
  2024 WL 278455· M.D. Fla.· 2024-08-09 ·cited 1×
  The court held that the plaintiff violated a prior injunction by filing a new lawsuit without seeking leave of court.
• 100 Emerald Beach WAY LC v. Thornton
  341 So. 3d 346· Fla. 4th DCA· 2022-06-08 ·cited 1×
  The appellate court affirmed a trial court's orders granting a permanent injunction and finding a party in contempt. The court also addressed a jurisdictional conflict among Florida appellate courts regarding the review of pre-judgment contempt orders.
• Johansson v. Miami-Dade Cnty. Value Adjustment Bd.
  346 So. 3d 90· Fla. 3d DCA· 2022-05-04 ·cited 1×
  Wayne C. Johansson appealed the dismissal of his complaint against the Miami-Dade County Value Adjustment Board (VAB), claiming the VAB violated his procedural due process rights in reviewing his property value petitions. The Third District Court of Appeal affirmed the dismissal,
• Fla. Dep't of Transp. & Kevin J. Thibault v. Tropical Trailer Leasing, LLC
  308 So. 3d 242· Fla. 1st DCA· 2020-11-30 ·cited 1×
  The Florida Department of Transportation appealed a permanent injunction and order to refund tolls granted to Tropical Trailer Leasing. The appellate court reversed, finding the injunction facially defective because Tropical Trailer failed to establish a clear legal right, an ina
• Jockey Club III Ass'n, Inc. v. Jockey Club Maint. Ass'n, Inc.
  306 So. 3d 185· Fla. 3d DCA· 2020-06-03 ·cited 1×
  This case involves two consolidated appeals concerning property development and maintenance within a condominium community. The court addressed disputes over maintenance assessments and the extent to which a property owner could develop its land under various agreements. Ultimate
• Orange Cnty. v. Fla. Ass'n FOR Constitutional Officers, Inc.
  229 So. 3d 867· Fla. 5th DCA· 2017-10-13 ·cited 1×
  The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
• Chiandusse v. Grannis
  133 So. 3d 591· Fla. 2d DCA· 2014-02-26 ·cited 1×
  The appellate court dismissed the appeal for lack of jurisdiction because the order denying partial summary judgment for a permanent injunction is not an immediately appealable order under the relevant rule.
• Rubin v. Addison Reserve Country Club, Inc.
  126 So. 3d 1189· Fla. 4th DCA· 2012-10-10 ·cited 1×
• TracFone Wireless, Inc. v. Technopark Co.
  15 A.F.T.R.2d (RIA) 457· S.D. Fla.· 2012-04-09 ·cited 1×
  The court granted partial final judgment and a permanent injunction against Technopark, finding that its actions in unlocking and reflashing TracFone phones constituted trademark infringement, copyright infringement, and violations of the DMCA, and reserved jurisdiction for furth
• Smith Ex Rel. Smith v. Benson
  703 F. Supp. 2d 1262· S.D. Fla.· 2010-01-28 ·cited 1×
  Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
• US Commodity Futures Trading Com'n v. States
  674 F. Supp. 2d 1311· S.D. Fla.· 2009-11-02 ·cited 1×
  The court granted the Commodity Futures Trading Commission's motion for default judgment, permanently enjoining Bernadette Bowden from further violations of the Commodity Exchange Act and ordering her to pay restitution and a civil monetary penalty.
• Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty.
  571 F. Supp. 2d 1257· S.D. Fla.· 2008-07-29 ·cited 1×
  The court held that the School Board of Okeechobee County (SBOC) violated the Equal Access Act (EAA) by refusing to recognize the Gay-Straight Alliance (GSA) as a noncurricular student group. The court found SBOC's abstinence-only policy and other justifications insufficient to i
• Dunkin' Donuts Franchised Rests. LLC v. Cardillo Cap., Inc.
  551 F. Supp. 2d 1333· M.D. Fla.· 2008-02-25 ·cited 1×
  The court held that plaintiffs were entitled to summary judgment on liability for breach of contract and trademark infringement claims, and on damages for some breach of contract claims, but denied damages for attorney fees in a related dismissed case.
• Miccosukee Tribe of Indians of Florida v. United States
  509 F. Supp. 2d 1288· S.D. Fla.· 2007-07-30 ·cited 1×
  The court denied the plaintiff's motion to find the Final Supplemental Environmental Impact Statement (FSEIS) inadequate, finding that the Corps had complied with the court's prior order to prepare the SEIS.
• 800 Adept, Inc. v. Murex Sec., Ltd.
  505 F. Supp. 2d 1327· M.D. Fla.· 2007-04-12 ·cited 1×
  The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
• TracFone Wireless, Inc. v. Dixon
  475 F. Supp. 2d 1236· M.D. Fla.· 2007-02-26 ·cited 1×
  The court entered a final judgment and permanent injunction against the defendants, finding they violated federal and state laws through their unlawful schemes involving TracFone phones and airtime.
• CBS Broad., Inc. v. Cobb
  470 F. Supp. 2d 1365· S.D. Fla.· 2006-10-24 ·cited 1×
  Florida Statute § 102.031(4)(a), which prohibits solicitation of voters within 100 feet of a polling place, violates the First Amendment as applied to exit-polling activities.
• Horton v. Metro. Life Ins.
  459 F. Supp. 2d 1246· M.D. Fla.· 2006-10-17 ·cited 1×
  The court held that Darrin L. Johns is permanently enjoined from pursuing claims related to his 1993 whole life insurance policy because those claims are barred by the prior class action settlement agreement, which he failed to timely opt out of.
• Edmonds v. Levine
  417 F. Supp. 2d 1323· S.D. Fla.· 2006-02-14 ·cited 1×
  The court held that the Florida Agency for Health Care Administration (AHCA) violated the Medicaid Act by denying coverage for off-label uses of Neurontin that were supported by citations in congressionally-approved drug compendia.
• Modern, Inc. v. Florida
  381 F. Supp. 2d 1331· M.D. Fla.· 2004-04-14 ·cited 1×·via Permanent Injunctive Relief
  The court held that inverse condemnation claims are not barred by res judicata or collateral estoppel because the administrative proceedings did not fully litigate those issues. The court also found that federal equal protection claims were not barred due to an untimely England-J
• Eckerd Corp. v. Corners Grp., Inc.
  786 So. 2d 588· Fla. 5th DCA· 2000-12-29 ·cited 1×
  A restrictive covenant prohibiting use of property as a pharmacy or drug store prohibits use of that property for parking and other facilities that are integral and necessary parts of a competing pharmacy operation located on adjacent unrestricted property, even if the pharmacy b
• Addison v. Forest Serv. of US Dept. of Agric.
  108 F. Supp. 2d 1365· M.D. Fla.· 2000-07-17 ·cited 1×
  The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the prior injunction, and there was no reasonable expectation the alleged violation would recur.
• Gatena v. Cnty. of Orange
  80 F. Supp. 2d 1331· M.D. Fla.· 1999-11-05 ·cited 1×
  The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
• Fed. Trade Comm'n v. Slimamerica, Inc.
  77 F. Supp. 2d 1263· S.D. Fla.· 1999-06-30 ·cited 1×
  The court held that the defendants engaged in deceptive acts and practices and made false advertisements in violation of the FTC Act by making unsubstantiated weight loss claims and misrepresenting product endorsements.
• Fla. Marine Fisheries Comm'n (Division OF LAW Enforcement) & The State of Fla. Dep't of Env't Prot. v. Pringle
  736 So. 2d 17· Fla. 1st DCA· 1999-04-06 ·cited 1×
  The Florida Marine Fisheries Commission and Department of Environmental Protection appealed a circuit court judgment that declared certain net fishing restrictions unconstitutional. The appellate court reversed, holding that the respondents failed to exhaust available administrat
• Mallory v. Harkness
  895 F. Supp. 1556· S.D. Fla.· 1995-07-07 ·cited 1×
  The court held that Florida Statute § 43.29(1)(a), which mandates race and gender-based quotas for Judicial Nominating Commissions, violates the Fourteenth Amendment's Equal Protection Clause and is therefore unconstitutional.
• State OF Kan. v. United States
  995 F.2d 1505· 10th Cir.· 1993-06-22 ·cited 1×
  The Federal Crop Insurance Corporation (FCIC) has the statutory authority to promulgate regulations preempting state laws that are inconsistent with its insurance policies, including those reinsured by the FCIC.
• Pritchard v. Carlton
  821 F. Supp. 671· S.D. Fla.· 1993-04-21 ·cited 1×
  The court held that the Holocaust Memorial is a non-public forum, and the City of Miami Beach's restriction on political speech within its grounds is reasonable and constitutional under the First Amendment.
• D.C. Comics Inc. v. Mini Gift Shop
  912 F.2d 29· 2d Cir.· 1990-08-16 ·cited 1×
  The court held that defaulting defendants could not establish innocent infringement, thus their statutory damages must be increased to the statutory minimum of $500, while affirming judgments against consenting defendants where no evidence of infringement was presented and damage
• WJA Realty Ltd. P'ship v. Nelson
  708 F. Supp. 1268· S.D. Fla.· 1989-03-09 ·cited 1×
  The court held that the INS regulation allowing suspension of H-1 visa holders' work authorizations during a strike is an impermissible assumption of legislative power and invalid as applied to H-1 visa holders.
• Phoenix Marine Enters., Inc. v. One (1) Hylas 46' Convertible Sportfisherman Hull 1
  681 F. Supp. 1523· S.D. Fla.· 1988-02-16 ·cited 1×
  Phoenix Marine Enterprises obtained a permanent injunction and judgment for specific performance against Louis Leggio and Europa Yachts requiring them to sign documents and deliver the Master Carpenter's Certificate necessary to transfer a Hylas 46' vessel. After Leggio and Europ