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

• Commodity Futures Trading Comm'n v. The Am. Bd. OF Trade, Inc.
  803 F.2d 1242· 2d Cir.· 1986-10-10 ·cited 9×
  The court affirmed the district court's judgment, holding that the Commodity Exchange Act applied to defendants' commodity option transactions, including those involving foreign currency, and that the district court did not abuse its discretion in issuing the injunction or orderi
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• United States v. Riverside Bayview Homes, Inc.
  729 F.2d 391· 6th Cir.· 1984-03-07 ·cited 9×
  The court held that the amended Corps of Engineers wetlands definition requires present inundation or saturation sufficient to support vegetation, and that Riverside's property did not meet this standard. The court also vacated the declaratory judgment regarding a Corps regulatio
• ST. Charles Mfg. Co. v. Mercer
  719 F.2d 380· 11th Cir.· 1983-11-07 ·cited 9×
  The court held that the district court did not err in denying plaintiffs' claims for profits, damages, and attorney's fees, as plaintiffs failed to prove specific monetary losses or that the defendants' actions were exceptional.
• Mutschler v. Peoples Nat'l Bank OF Wash.
  607 F.2d 274· 9th Cir.· 1979-10-24 ·cited 9×·via Request For Permanent Injunction
  The court held that 12 U.S.C. § 36(c), which incorporates state law restrictions, applies to the relocation of national bank branches, not just the establishment of new ones.
• United Steel Workers OF Am., AFL-CIO v. Nubar Tool & Eng'g Co., Inc.
  148 So. 2d 45· Fla. 2d DCA· 1962-12-19 ·cited 9×
  The Florida District Court of Appeal reversed a permanent injunction granted by the lower court that prohibited union picketing, slowdown activities, and other concerted labor activities at Nubar Tool & Engineering Company. The court held that state courts lack jurisdiction to en
• Lewis v. Holmes Kirkland and Marie Towne
  118 Fla. 350· Fla.· 1935-01-30 ·cited 9×
  The Florida Supreme Court reversed a final decree granting a permanent injunction against A. M. Lewis for violating non-solicitation restrictions in an employment contract. The court found that the receivers of a laundry company lacked standing to enforce the restrictive covenant
• Birol Ozyesilpinar v. Reach PLC
  365 So. 3d 453· Fla. 3d DCA· 2023-05-17 ·cited 8×
  Statements in published articles characterizing the appellant's admittedly racist communications as a "racist tirade" constitute protected pure opinion based on documented facts and are not actionable defamation. Defamation by implication claims fail when the underlying statement
• Acrylicon USA, LLC v. Silikal GMBH
  46 F.4th 1317· 11th Cir.· 2022-08-29 ·cited 8×
  The court held that the district court erred in re-entering a permanent injunction without proper findings and in awarding nearly full attorney's fees after significant relief was reversed.
• Corredor v. Nichols
  342 So. 3d 793· Fla. 3d DCA· 2022-07-06 ·cited 8×
  The Corredors appealed a trial court's final order awarding fees and costs to a court-appointed receiver and his counsel. The Third District Court of Appeal affirmed the substantive fee awards but reversed and remanded because the trial court improperly entered final judgment dir
• Sec. & Exch. Comm'n v. K.W. Brown & Co.
  555 F. Supp. 2d 1275· S.D. Fla.· 2008-01-04 ·cited 8×
  The court found the defendants liable for violations of federal securities laws, including anti-fraud and books and records provisions, due to a cherry-picking scheme and misleading disclosures.
• Politz v. Booth
  910 So. 2d 397· Fla. 4th DCA· 2005-09-21 ·cited 8×
  James Politz appeals his civil contempt conviction and a $500 fine imposed for violating a dating violence injunction. The court affirmed the contempt finding but reversed the fine because it lacked the coercive or compensatory characteristics required for civil contempt sanction
• Fasig v. Fla. Soc'y OF Pathologists
  769 So. 2d 1151· Fla. 5th DCA· 2000-11-09 ·cited 8×
  Patients and participants in a health benefits plan sought to intervene in a declaratory judgment action brought by pathologists and a professional organization against their health plan regarding billing for professional component charges. The trial court denied intervention, an
• Garbutt v. LaFARNARA
  754 So. 2d 727· Fla. 2d DCA· 1999-10-29 ·cited 8×
  No reversible error occurred in the trial court's judgment for the plaintiff in an assault, battery, intentional infliction of emotional distress, and defamation case where the trial judge thoroughly considered the defendant's trial objections and comprehensively analyzed his mot
• Watkins v. Colonial Life & Accident Ins. Co.
  719 So. 2d 934· Fla. 5th DCA· 1998-09-11 ·cited 8×
  Wayne Watkins appeals a trial court's order enjoining him from breaching a noncompete clause in his employment contract with Colonial Life and ordering arbitration of damages. The appellate court reverses both orders, finding the permanent injunction was entered improperly withou
• Hard Rock Cafe Licensing Corp. v. Concession Servs.
  955 F.2d 1143· 7th Cir.· 1992-02-04 ·cited 8×
  The court held that the district court's findings were insufficient to establish CSI's liability for trademark infringement, vacating the judgment against CSI and remanding for further proceedings. It also vacated the denial of attorney's fees for both defendants, remanding that
• Headwaters, Inc. v. Bureau OF Land Mgmt.
  893 F.2d 1012· 9th Cir.· 1990-01-11 ·cited 8×
  The court held that the appeal is moot because the logging activities sought to be enjoined have already occurred, and the claims for injunctive and declaratory relief cannot be effectively granted. The court also found that the 'capable of repetition, yet evading review' excepti
• In re Martin-Trigona
  795 F.2d 9· 2d Cir.· 1986-07-09 ·cited 8×
  The court held that it has the inherent power to impose monetary sanctions and a permanent injunction on a pro se litigant whose numerous filings are frivolous and vexatious, despite the absence of opposing parties to trigger Rule 38 or Rule 11 sanctions.
• The State OF NEW York v. Shore Realty Corp. & Donald LeoGrande
  763 F.2d 49· 2d Cir.· 1985-05-07 ·cited 8×
  The court affirmed the adjudication of civil contempt but modified the coercive fines, remanding for further determination of the appropriateness and amount of sanctions for non-compliance with certain orders.
• State OF NEW Mexico ex rel. NEW Mexico State Hwy. Dep't v. Goldschmidt
  629 F.2d 665· 10th Cir.· 1980-08-29 ·cited 8×
  The enactment of the Supplemental Appropriations and Rescission Act, 1980, mooted the controversy regarding the allocation of federal-aid highway funds, as it established a new ceiling and allocation formula for funds not obligated by July 8, 1980.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. Bowen
  600 F.2d 667· 7th Cir.· 1979-05-16 ·cited 8×
  The court held that the state's asserted government interests did not justify restricting ISKCON's religious ritual (Sankirtan) to a booth, as less restrictive means were available to address concerns like public safety, fraud, and litter.
• Mayor & City Council OF Baltimore v. Mathews
  571 F.2d 1273· 4th Cir.· 1978-02-16 ·cited 8×
  The court should not decide the case by an equally divided court but should grant rehearing.
• Beaulieu v. Hartigan
  554 F.2d 1· 1st Cir.· 1977-04-06 ·cited 8×
  The court affirmed the denial of habeas corpus relief, vacating the order granting bail.
• Alyeska Pipeline Serv. Co. v. Int'l Bhd. OF Teamsters
  557 F.2d 1263· 9th Cir.· 1977-04-01 ·cited 8×
  The court held that an arbitrator's award prohibiting picketing, based on a broad no-strike clause in a project labor agreement, is enforceable via injunction, even if the underlying dispute is not directly arbitrable, and the arbitrator has the authority to interpret the scope o
• United States Labor Party v. Codd
  527 F.2d 118· 2d Cir.· 1975-12-09 ·cited 8×
  A five-dollar fee for a daily permit to use sound amplification devices is constitutional if it is a reasonable regulatory measure to cover administrative costs and there is no proof of indigence preventing payment.
• 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
• Town OF Surfside v. Andrews
  193 So. 2d 207· Fla. 3d DCA· 1966-12-20 ·cited 8×
  The Town of Surfside appealed a permanent injunction preventing enforcement of its zoning ordinance against Nina Jane Andrews, who constructed a second dwelling on a lot smaller than required. The appellate court affirmed, holding that the zoning restriction as applied to Andrews
• Orleans Parish Sch. Bd. v. Bush
  268 F.2d 78· 5th Cir.· 1959-06-09 ·cited 8×
  The court held that federal courts are not required to abstain from ruling on the constitutionality of state actions when a state statute cannot legitimize illegal conduct, even if the statute has not been interpreted by state courts.
• George W. Manning and his wife v. A. L. Hall and his wife
  110 So. 2d 424· Fla. 2d DCA· 1959-04-08 ·cited 8×
  The court affirmed a permanent injunction granting appellees the right to maintain a drainage ditch across appellants' land. The case establishes that when adjacent landowners jointly construct and maintain a drainage system with mutual consent and contribution, neither party may
• Mullaney v. Hess
  189 F.2d 417· 9th Cir.· 1951-05-10 ·cited 8×·via Action For Permanent Injunction
  The court held that the injunction against the collection of taxes under the Alaska Property Tax Act must be reversed because the appellees have an adequate remedy at law through the statutory protest and refund procedure.
• Tracfone Wireless, Inc. v. Hernandez
  196 F. Supp. 3d 1289· S.D. Fla.· 2016-07-20 ·cited 7×·via Permanent Injunction Standard
  A defendant's default admits all well-pleaded factual allegations in the complaint, but the court must independently determine the amount of damages based on evidence submitted by the plaintiff. Default judgment awarding damages may be entered without a hearing where the amount i
• Microsoft Corp. v. Big Boy Distrib. LLC
  589 F. Supp. 2d 1308· S.D. Fla.· 2008-12-03 ·cited 7×
  The court held that the first sale doctrine does not apply to copyrighted works manufactured abroad, and therefore, the importation and distribution of such works without authorization constitutes copyright infringement.
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  532 F.3d 1294· 11th Cir.· 2008-07-07 ·cited 7×
  The Eleventh Circuit affirmed that EchoStar Communications did not violate a permanent nationwide injunction under the Satellite Home Viewer Act (SHVA) by leasing its satellite transponder to National Programming Service (NPS) to retransmit distant network programming to eligible
• State v. N. Fla. Women's Health & Counseling Servs., Inc.
  852 So. 2d 254· Fla. 1st DCA· 2001-02-09 ·cited 7×
  Florida's Parental Notice of Abortion Act requires physicians to notify a parent or guardian 48 hours before performing an abortion on a minor, with limited exceptions and a judicial bypass procedure. The court upheld the Act as facially constitutional, finding it serves a compel
• Polo Fashions, Inc. v. Dick Bruhn, Inc.
  793 F.2d 1132· 9th Cir.· 1986-07-10 ·cited 7×
  The court held that the district court erred in not awarding receipts from sales at cost and in denying a permanent injunction, but did not err in refusing attorneys' fees.
• Adoption HOT Line, Inc. v. State
  402 So. 2d 1307· Fla. 3d DCA· 1981-08-18 ·cited 7×
  Adoption Hot Line, Inc. challenged a permanent injunction prohibiting all advertising of adoption referral services. The court reversed, holding that the injunction violated the First Amendment because it was broader than necessary to prevent unlawful activity under Florida's ado
• Langley v. NEW Deal CAB Co.
  138 So. 2d 789· Fla. 1st DCA· 1962-03-06 ·cited 7×
  New Deal Cab Company sought declaratory relief and an injunction to prevent William Bernard Langley from operating taxicabs in Jacksonville without a city permit. The court reversed the summary judgment, holding that a holder of a state Master Permit may operate taxicabs with inc
• Hodges v. Filstrup
  94 Fla. 943· Fla.· 1927-11-21 ·cited 7×
  The Florida Supreme Court reversed a permanent injunction granted to a fish buyer (Filstrup) against the Shell Fish Commissioner (Hodges), holding that neither the seizure of mullet on December 6th nor the subsequent sheriff's sale to Filstrup on December 8th were lawful under st
• Minty v. Meister Fin. Grp., Inc.
  132 So. 3d 373· Fla. 4th DCA· 2014-02-12 ·cited 6×
  On remand from a prior appeal, the Fourth District reversed the circuit court's order disbursing funds held in the court registry to the lender, finding that the modification of the temporary injunction effectively granted permanent relief without a trial on the borrower's inextr
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×·via Permanent Injunctive Relief
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• United States v. Williams
  476 F. Supp. 2d 1368· M.D. Fla.· 2007-03-06 ·cited 6×
  The court granted summary judgment for the United States, finding no genuine issue of material fact regarding defendants' fraudulent filings and mail fraud.
• Rosso v. Golden Surf Towers Condo. Ass'n & Max Garlin
  651 So. 2d 787· Fla. 4th DCA· 1995-03-08 ·cited 6×
  A condominium association sought to collect unpaid dock usage fees from a unit owner who refused to pay after a fee increase, claiming the Condominium Act prohibited such charges. The court held that while the association had statutory authority to charge exclusive-use fees for c
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• Beck v. Levering
  947 F.2d 639· 2d Cir.· 1991-10-22 ·cited 6×
  The court held that the district court properly granted summary judgment based on collateral estoppel, affirming the permanent bar from acting as fiduciaries and restitution.
• Solo Serve Corp. v. Westowne Assocs.
  929 F.2d 160· 5th Cir.· 1991-04-18 ·cited 6×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the defendant's alleged lease breaches, and that the district court did not abuse its discretion in denying further discovery.
• ELI Lilly & Co. v. Medtronic, Inc.
  915 F.2d 670· Fed. Cir.· 1990-08-17 ·cited 6×
  The court held that the district court's findings of contempt were deficient and that the prior judgment of infringement and all injunctive orders must be vacated due to the Supreme Court's ruling on the § 271(e)(1) exemption.
• McLENDON v. Cont'l CAN Co.
  908 F.2d 1171· 3d Cir.· 1990-07-26 ·cited 6×·via Permanent Injunctive Relief
  The court affirmed the district court's grant of nationwide injunctive relief, holding that Continental's Liability Avoidance Plan (LAP) violated ERISA section 510 and that the 'same-loss' defense was not sufficiently proven at the 73 St. Louis plant.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  902 F.2d 51· D.C. Cir.· 1990-04-24 ·cited 6×·via Permanent Injunctive Relief
  The appeal of a preliminary injunction is moot because subsequent legislation enacted by Congress achieved the same outcome as the injunction, rendering the appellate issue non-justiciable.
• Ry. Labor Executives' Ass'n v. The City OF Galveston
  897 F.2d 164· 5th Cir.· 1990-03-14 ·cited 6×
  The Railway Labor Act's Section 6 does not require a carrier to give notice or bargain, nor does it prohibit a transaction, if the transaction itself does not change existing agreements affecting rates of pay, rules, or working conditions.
• City OF Sunrise v. News & Sun-Sentinel Co.
  542 So. 2d 1354· Fla. 4th DCA· 1989-04-26 ·cited 6×
  The Florida District Court of Appeal reversed a lower court's decision, holding that a private meeting between a city mayor and a city employee regarding employee discipline is not subject to the Sunshine Law. The court reasoned that the Sunshine Law applies to meetings of boards