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

• United States v. Local 30
  871 F.2d 401· 3d Cir.· 1989-03-23 ·cited 6×
  The court held that the district court had the authority under 18 U.S.C. § 1964(a) to impose a broad decree against the Union to remedy RICO violations and that the terms of the decree were not an abuse of discretion.
• Perez-Serrano v. DeLEON-Velez
  868 F.2d 30· 1st Cir.· 1989-02-22 ·cited 6×
  In a § 1983 action seeking both damages and injunctive relief, common issues of liability must first be submitted to a jury, and the district court erred by resolving liability itself.
• Certified Grocers OF Ill., Inc. v. Produce
  816 F.2d 329· 7th Cir.· 1987-04-10 ·cited 6×
  The appeal from the preliminary injunction is dismissed as moot because the injunction expired by its own terms and the subsequent permanent injunction was not timely appealed.
• Ebel v. City OF Corona
  767 F.2d 635· 9th Cir.· 1985-08-01 ·cited 6×
  The court held that the City of Corona's adult-use zoning ordinance was unconstitutional as applied to Helen Ebel's bookstore because it did not provide adequate alternative locations and the amortization period was unreasonable given her investment and lease.
• Prohosky v. The Prudential Ins. Co. OF Am.
  767 F.2d 387· 7th Cir.· 1985-07-22 ·cited 6×
  The court held that the district court abused its discretion by granting a permanent injunction against spraying water through endguns, as there was no evidence that this action caused harm to the plaintiffs under Indiana law.
• Selchow & Righter Co. v. Goldex Corp.
  612 F. Supp. 19· S.D. Fla.· 1985-02-20 ·cited 6×
  The exclusive licensee of U.S. trademark rights can prevent the importation and sale of identical goods originating from the foreign licensor by a third party.
• Ced's Inc. v. United States Env't Prot. Agency
  745 F.2d 1092· 7th Cir.· 1984-09-28 ·cited 6×·via Action For Permanent Injunction
  The court held that the EPA had statutory authority under Section 114(a) of the Clean Air Act to inspect and copy business records of any person subject to the Act's requirements, regardless of whether the EPA had previously required those records to be maintained. The court also
• Bd. OF Trade of the City OF Chicago v. Commodity Futures Trading Comm'n
  704 F.2d 929· 7th Cir.· 1983-04-04 ·cited 6×
  The court held that the Board of Trade's challenge to the Commission's arbitration rule was not ripe for adjudication, as neither the Board nor its members were suffering immediate harm and a specific factual context was necessary to determine the constitutional claims.
• United States v. State OF Wash.
  654 F.2d 570· 9th Cir.· 1981-08-24 ·cited 6×
  State sales and use taxes imposed on prime contractors for construction on federally-owned land are unconstitutional because they discriminate against those with whom the United States deals, violating the Supremacy Clause.
• Health Clubs OF Jacksonville, Inc. v. State of Fla. ex rel. Ed Austin
  381 So. 2d 1174· Fla. 1st DCA· 1980-03-18 ·cited 6×
  A health club may be permanently enjoined as a public nuisance in its entirety where the trial court finds that it cannot be operated legitimately without permitting acts of lewdness, and an injunction is not overly broad when grounded on a factual finding that illegal conduct is
• Haas v. Sirrouko Howard
  579 F.2d 654· 1st Cir.· 1978-06-21 ·cited 6×
  The court held that the district court's preliminary injunction was improper because the Supreme Court's stay order in a related case precluded the relief granted, and res judicata principles barred the action.
• THE Florida BAR v. Flowers
  320 So. 2d 809· Fla.· 1975-10-15 ·cited 6×
  The Florida Bar sought an injunction against David H. Flowers for unauthorized practice of law, specifically for filing immigration forms and providing immigration-related services without being a licensed attorney. The court granted the Bar's motion for judgment on the pleadings
• THE Florida BAR v. Joyce
  299 So. 2d 27· Fla.· 1974-07-17 ·cited 6×
  The court held that performing legal services as an Assistant State Attorney without being licensed as a Florida attorney constitutes the unauthorized practice of law.
• The Cnty. OF Nassau & the Nassau Cnty. Patrolmen's Benevolent Ass'n v. The Cost OF Living Council & the United States
  499 F.2d 1340· Temp. Emer. Ct. App.· 1974-06-27 ·cited 6×
  The court held that the district court's orders interfering with administrative proceedings were invalid and improperly granted, and that the appeal concerning intervention was moot.
• United States v. Dianovin Pharms., Inc.
  475 F.2d 100· 1st Cir.· 1973-03-16 ·cited 6×
  The court held that the district court had jurisdiction to reinstate a permanent injunction against a drug manufacturer for violating good manufacturing practices and misbranding, even if the specific drug did not enter interstate commerce after manufacture, because the raw mater
• Bhd. OF R.R. Carmen OF Am. v. Chicago & N. W. Ry. Co.
  354 F.2d 786· 8th Cir.· 1965-12-29 ·cited 6×
  The court held that the Railway Labor Act, being more specific and later enacted, prevails over the Norris-LaGuardia Act, allowing for injunctive relief in 'minor disputes' even if they also constitute 'labor disputes' under Norris-LaGuardia.
• Murrell v. THE Florida BAR
  122 So. 2d 169· Fla.· 1960-07-20 ·cited 6×
  This disciplinary proceeding against attorney John M. Murrell, Sr. involves charges of unprofessional conduct filed in 1957 based on substantially identical allegations that had been dismissed in 1955. The Florida Supreme Court granted Murrell's petition to cease and desist from
• United States v. Ideal Farms, Inc.
  262 F.2d 334· 3d Cir.· 1958-12-23 ·cited 6×
  A party must exhaust administrative remedies before challenging the validity of a Milk Marketing Order in court.
• The Detroit Hous. Comm'n v. Lewis
  226 F.2d 180· 6th Cir.· 1955-10-05 ·cited 6×
  The court held that the Detroit Housing Commission's policy of racial segregation in public housing violated the Constitution and federal law, affirming the district court's injunction but remanding for further proceedings regarding the speed of integration.
• In re Plankinton BLDG. Co. Harvey v. Grossman
  148 F.2d 119· 7th Cir.· 1945-03-20 ·cited 6×
  The court held that the district court had jurisdiction under Chapter X, correctly found the debtor insolvent, and that the reorganization plan was fair, equitable, and met statutory requirements.
• Murphy v. Kande K. Blubaugh
  252 So. 3d 809· Fla. 2d DCA· 2018-08-01 ·cited 5×
  A trial court's order granting a permanent injunction for protection against stalking must be affirmed when the appellant fails to provide a hearing transcript on appeal, precluding appellate review of the evidentiary support for the order.
• Goldman v. Lustig
  237 So. 3d 381· Fla. 4th DCA· 2018-01-24 ·cited 5×
  Unit owners are entitled to use a portion of the dock based on the quitclaim assignment executed by the property owner, but are not entitled to an easement by necessity to access the dock because alternative practicable means of access exist.
• Ashraf v. Adventist Health System/Sunbelt, Inc.
  200 So. 3d 173· Fla. 5th DCA· 2016-07-01 ·cited 5×·via Permanent Injunctive Relief
  Dr. Ashraf appealed the dismissal of his defamation claim against a hospital for reporting adverse findings to the National Practitioner Data Bank (NPDB). The court affirmed dismissal, holding that the two-year statute of limitations under the single publication rule bars claims
• Kirkland v. Peoplessouth Bank
  70 So. 3d 662· Fla. 1st DCA· 2011-06-28 ·cited 5×
  The appellate court affirmed the trial court's order quieting title to property but reversed and remanded the order granting a permanent injunction due to insufficient reasoning provided by the trial court.
• Sec. & Exch. Comm'n v. Monterosso
  768 F. Supp. 2d 1244· S.D. Fla.· 2011-03-31 ·cited 5×
  The court granted summary judgment for the SEC against Monterosso and Vargas, finding they participated in a fraudulent scheme to generate fictitious revenue for GlobeTel.
• Tracfone Wireless, Inc. v. Anadisk LLC
  685 F. Supp. 2d 1304· S.D. Fla.· 2010-02-18 ·cited 5×
  The court held that defendants infringed TracFone's trademarks and breached contract by reselling altered phones, and granted default judgment and permanent injunction.
• Chick-Fil-A, Inc. v. Cft Dev., LLC
  652 F. Supp. 2d 1252· M.D. Fla.· 2009-09-03 ·cited 5×
  The court held that the restrictive covenant prohibiting quick-service restaurants deriving 25% or more of gross sales from chicken is enforceable against Panda Express.
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×·via Permanent Injunctive Relief
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• LaROSE v. A.K.
  32 So. 3d 77· Fla. 2d DCA· 2009-07-24 ·cited 5×·via Permanent Injunctive Relief
  The University of Tampa and a faculty member appealed an order enforcing a temporary injunction against the university. The appellate court reversed, holding that the enforcement order improperly granted permanent injunctive relief by requiring the university to drop a course fro
• Gleicher v. Claims Verification Inc.
  908 So. 2d 560· Fla. 4th DCA· 2005-08-10 ·cited 5×
  The Fourth District Court of Appeal dismissed an appeal of a circuit court order that found the plaintiffs entitled to a preliminary injunction but deferred its entry pending a second hearing to determine the scope of the injunction. The court held that the order was not appealab
• Kenyon v. Polo Park Homeowners Ass'n, Inc.
  907 So. 2d 1226· Fla. 2d DCA· 2005-07-08 ·cited 5×
  The trial court erred in granting summary judgment on the homeowners' claims and in granting the Association's motion for a permanent injunction because the Association failed to meet its burden of proof and because the jury found selective enforcement.
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Harley-Davidson Motor Co. v. Iron Eagle of Cent. Fla., Inc.
  973 F. Supp. 1421· M.D. Fla.· 1997-08-01 ·cited 5×
  The court held that Defendant's use of "Iron Eagle" and related logos constituted trademark infringement and false designation of origin, and that the case was exceptional, warranting attorney's fees.
• Ime Archibong Etuk v. Slattery
  936 F.2d 1433· 2d Cir.· 1991-06-27 ·cited 5×
  The court held that the district court's order regarding the adequacy of temporary documentation for LPRs was properly appealable as an injunction, and that the plaintiff class had standing and their claims were not moot.
• Contemporary Rest. Concepts, Ltd. v. Las Tapas-Jacksonville, Inc.
  753 F. Supp. 1560· M.D. Fla.· 1991-01-08 ·cited 5×
  The court held that the defendant's prior service mark was abandoned due to non-use, making the plaintiff's mark superior and likely to cause confusion, thus granting summary judgment for trademark infringement and unfair competition.
• Neva, Inc. v. Christian Duplications Int'l, Inc.
  743 F. Supp. 1533· M.D. Fla.· 1990-04-11 ·cited 5×
  The court held that Lanham Act remedies under 15 U.S.C. § 1117(a) apply to claims based on false or misleading representations of fact, not just infringement of registered marks. It also found that the implied terms of the contract showed intent for Scourby to retain copyright ow
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Feller v. Brock
  802 F.2d 722· 4th Cir.· 1986-10-02 ·cited 5×
  The court held that the West Virginia district court abused its discretion by issuing a preliminary injunction that conflicted with a prior, binding injunction from the District of Columbia, and that intervention as of right should have been granted.
• THE Florida BAR v. Strickland
  468 So. 2d 983· Fla.· 1985-05-02 ·cited 5×
  The Florida Supreme Court approved a stipulated order permanently enjoining Strickland from engaging in the unauthorized practice of law, specifically prohibiting him from counseling on domestic relations, preparing related legal documents, and appearing in court on behalf of par
• Brown v. Am. Petrofina Mktg., Inc.
  555 F. Supp. 1327· M.D. Fla.· 1983-02-03 ·cited 5×
  The court held that plaintiffs were not entitled to permanent injunctive relief under the PMPA against Fina, Huntley-Jiffy, or Sun States, and denied relief against Clay as well, finding Clay's nonrenewal of franchises was permissible.
• Am. Sur. Co. OF NEW York v. Murphy
  152 Fla. 862· Fla.· 1943-05-04 ·cited 5×
  American Surety Company sought specific performance and equitable remedies against the Murphy estate after failing to file a probate claim within the statutory deadline. The Florida Supreme Court affirmed dismissal, holding that where an adequate legal remedy exists, equity will
• Sec. & Exch. Comm'n v. Ibrahim Almagarby
  92 F.4th 1306· 11th Cir.· 2024-02-14 ·cited 4×
  The Eleventh Circuit held that Ibrahim Almagarby violated the Securities Exchange Act by operating as an unregistered securities dealer in penny-stock transactions involving the rapid purchase and resale of convertible debt at steep discounts, and affirmed the district court's di
• THE Residences at the Bath Club Condo. Ass'n, Inc. v. Bath Club Ent., LLC
  355 So. 3d 990· Fla. 3d DCA· 2023-02-01 ·cited 4×
  Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  95 So. 3d 126· Fla.· 2012-07-12 ·cited 4×
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement new legislation creating a cause of action for injunctions for protection against stalking. The amendments update multiple rules to add stalking to existing references for domes
• Rangel v. Torres
  77 So. 3d 708· Fla. 3d DCA· 2011-11-09 ·cited 4×
  Lazaro Rangel appealed a permanent injunction for protection against repeat violence issued by the trial court. The appellate court reversed, finding that the petitioner failed to meet the statutory legal requirements for such an injunction under Florida law.
• Sec. & Exch. Comm'n v. Sky Way Global, LLC
  710 F. Supp. 2d 1274· M.D. Fla.· 2010-09-01 ·cited 4×
  An 'obey-the-law' injunction is unenforceable and violates Rule 65(d), constitutional rights, and separation of powers, and thus cannot be issued in an SEC enforcement action.
• Sensormatic Elecs. Corp. v. Tag Co. US, LLC
  632 F. Supp. 2d 1147· S.D. Fla.· 2008-12-19 ·cited 4×
  The court found that the defendants failed to prove by clear and convincing evidence that the asserted patent claims were inherently anticipated or barred by prior sale. The court also found that the defendants stipulated to infringement.
• Bradenton Grp., Inc. v. State
  970 So. 2d 403· Fla. 5th DCA· 2007-11-09 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
• Sec. & Exch. Comm'n v. Kirkland
  521 F. Supp. 2d 1281· M.D. Fla.· 2007-09-25 ·cited 4×
  The court held that the defendant's senior triplex offerings constituted investment contracts and therefore securities, as they met the Howey test's criteria for an investment of money, a common enterprise, and an expectation of profits derived from the efforts of others.
• Gulf BAY Land Invs., Inc. v. Trecker
  955 So. 2d 1157· Fla. 2d DCA· 2007-04-11 ·cited 4×
  Gulf Bay Land Investments and Parcel J-I Development appealed a trial court's permanent injunction blocking construction of the Cap d'Antibes residential condominium project in Collier County, Florida. The appellate court affirmed the injunction, finding that the defendants faile