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

• Kandyce McPherson v. Killyah Samuel
  392 So. 3d 565· Fla. 4th DCA· 2024-07-24 ·cited 2×
  A trial court abuses its discretion by denying a motion to continue a permanent injunction hearing when the movant had preplanned international travel, received only eight days' notice, filed the continuance motion promptly, and the opposing party would not be prejudiced by the d
• Gonzalez-Barrera v. Majorca Towers Condo
  272 So. 3d 424· Fla. 3d DCA· 2019-02-06 ·cited 2×
  Gonzalez-Barrera and Garcia appeal a permanent injunction issued against Garcia by Majorca Towers Condominium Association. The court affirmed the injunction prohibiting Garcia from residing in a separate unit from Gonzalez-Barrera without Association approval, but reversed the in
• Sandonato v. Guzman
  189 So. 3d 265· Fla. 4th DCA· 2016-04-06 ·cited 2×
• COX v. Racquia Deacon
  82 So. 3d 827· Fla. 4th DCA· 2011-04-06 ·cited 2×
  Florida appellate court affirmed a permanent domestic violence injunction, rejecting the appellant's claims that he lacked notice and that the injunction exceeded statutory duration limits.
• Fed. Trade Comm'n v. RCA Credit Servs., LLC
  727 F. Supp. 2d 1320· M.D. Fla.· 2010-07-21 ·cited 2×·via Permanent Injunctive Relief
  The court granted summary judgment for the FTC on claims that Defendants made deceptive representations about removing negative credit information and violated CROA disclosure and fee requirements, but denied summary judgment on the claim that Defendants falsely promised to raise
• TracFone Wireless, Inc. v. SND Cellular, Inc.
  715 F. Supp. 2d 1246· S.D. Fla.· 2010-05-21 ·cited 2×
  The court found that defendants infringed TracFone's trademarks and copyrights, and breached their contract by unlocking and reselling TracFone phones, leading to a default judgment.
• Avila v. Miami-Dade Cnty.
  29 So. 3d 401· Fla. 3d DCA· 2010-03-03 ·cited 2×
  Miami-Dade police officers Avila and Perez sought injunctive relief to prevent their termination, claiming the county violated a 180-day statutory notice requirement for disciplinary action. The trial court and appellate court rejected this challenge, holding that the 180-day per
• Milliken & Co. v. Haima Grp. Corp.
  654 F. Supp. 2d 1374· S.D. Fla.· 2009-08-18 ·cited 2×
  The court held that the five-year statute of limitations under Fla. Stat. § 95.11(2)(a) does not apply to the registration of a foreign judgment and issuance of a writ of garnishment, and that genuine issues of material fact exist regarding alter-ego liability, thus denying the m
• Faculty Senate of Fla. Intern. Univ. v. Roberts
  574 F. Supp. 2d 1331· S.D. Fla.· 2008-08-29 ·cited 2×
  The court held that the Travel Act's restrictions on nonstate funds, and nominal state funds for administration, impermissibly sanction designated countries and obstruct federal objectives, but the restrictions on state funds are constitutional.
• Commodity Futures Trading Comm'n v. Wilshire Inv. Mgmt. Corp.
  407 F. Supp. 2d 1304· S.D. Fla.· 2005-12-05 ·cited 2×
  The court held that the defendants engaged in fraudulent solicitations by misrepresenting profit potential, downplaying risks, and failing to disclose their poor track record, violating the Commodity Exchange Act and CFTC regulations.
• Ryan v. Leonor Lobo de Gonzalez
  921 So. 2d 572· Fla.· 2005-11-10 ·cited 2×
  The district court erred in holding that the doctrine of equitable estoppel does not apply where the plaintiff did not know about the cause of action until after the statute of limitations expired, as this conflicts with prior Supreme Court precedent in cases involving unique cir
• Florida Key Deer v. Brown
  386 F. Supp. 2d 1281· S.D. Fla.· 2005-09-12 ·cited 2×
  The court granted plaintiffs' motion for a permanent injunction, enjoining FEMA from issuing flood insurance for new development in critical habitats until compliance with the ESA and APA is demonstrated.
• United States v. Kahn
  304 F. Supp. 2d 1353· M.D. Fla.· 2004-02-03 ·cited 2×
  The court held that the federal government's power to enforce the Internal Revenue Code is an enumerated power, not a residual power, and therefore does not require a "notice of acceptance" of jurisdiction over land.
• P.M. Realty & Invs., Inc. v. City OF Tampa & Gloria Moreda
  863 So. 2d 1269· Fla. 2d DCA· 2004-01-23 ·cited 2×
  P.M. Realty appeals a permanent injunction against its adult use business in Ybor City, which the trial court granted based on the 'law of the case' doctrine from a prior preliminary injunction ruling. The court reverses, holding that a preliminary injunction does not establish b
• Andres v. Indian Creek Phase Iii-B Homeowner's Ass'n, Inc.
  858 So. 2d 1222· Fla. 4th DCA· 2003-11-12 ·cited 2×
  The appellate court affirmed the final judgment of garnishment because the appeal from the June 14, 2002 order denying the motion to dissolve the injunction was untimely filed, depriving the court of jurisdiction to review the merits.
• Skyway Trap & Skeet Club, Inc. v. Sw. Fla. Water Mgmt. Dist.
  854 So. 2d 676· Fla. 2d DCA· 2003-07-11 ·cited 2×
  Skyway Trap & Skeet Club appeals a trial court order that converted a temporary injunction into a permanent injunction prohibiting it from depositing expended shot on adjacent water management district property. The court reversed, holding that the permanent injunction was improp
• CBS Broad., Inc. v. EchoStar Commc'ns Corp.
  67 U.S.P.Q. 2d (BNA) 1545· S.D. Fla.· 2003-06-10 ·cited 2×
  The court held that EchoStar infringed on Plaintiffs' copyrights by retransmitting distant network signals to "served" households, violating the Satellite Home Viewer Act (SHVA) and its amendments.
• Parkland Republican Club v. City of Parkland
  268 F. Supp. 2d 1349· S.D. Fla.· 2003-06-04 ·cited 2×·via Permanent Injunction Standard
  The court held that the city's policy of excluding all political organizations from participating in its annual parade is a reasonable restriction on speech within a limited public forum, as it is viewpoint neutral and serves the parade's purpose of maintaining a family-oriented,
• Martin v. City OF Gainesville
  800 So. 2d 687· Fla. 1st DCA· 2001-11-30 ·cited 2×
  A taxpayer lacks standing to challenge municipal expenditures based on statutory violations alone; a special injury or a violation of specific constitutional limitations on taxing or spending power must be shown.
• Renee B. v. State
  756 So. 2d 218· Fla. 1st DCA· 2000-04-20 ·cited 2×
  A Florida appellate court upheld Medicaid rules excluding coverage for medically necessary abortions except when pregnancy endangers the mother's life or results from rape or incest. The court held that the state's decision not to fund abortions does not violate the Florida const
• Seminole Cnty. v. River Cap., Inc.
  725 So. 2d 1233· Fla. 5th DCA· 1999-01-22 ·cited 2×
  Seminole County sought to enjoin Sassy Merlot's, an adult entertainment establishment, from operating without the required license. The trial court granted Sassy's counterclaim for a temporary injunction and ruled that Sassy did not need a license, but the appellate court reverse
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Sec. & Exch. Comm'n v. J.W. Korth & Co.
  991 F. Supp. 1468· S.D. Fla.· 1998-01-21 ·cited 2×
  The court granted summary judgment for the SEC, permanently enjoining the defendants from violating securities laws and imposing monetary penalties for their failure to produce required records.
• Rincci Montesino v. Advent Techs., Inc.
  676 So. 2d 32· Fla. 3d DCA· 1996-06-19 ·cited 2×
  Montesino sought arbitration of breach of contract claims against his former employers and their principal, but the trial court stayed arbitration, finding the defendants were not proper parties to the arbitration agreements. The appellate court reversed, holding that questions a
• Albertson's, Inc. v. The Fla. Dep't OF Prof'l Reg.
  658 So. 2d 134· Fla. 1st DCA· 1995-07-11 ·cited 2×·via Permanent Injunctive Relief
  Albertson's and other chain pharmacy companies challenged section 408.706(10) of Florida's Health Care and Insurance Reform Act as violating the Commerce Clause and Equal Protection Clause. The trial court struck down the provision barring pharmacies licensed in other states but
• THE Florida BAR v. Gentz
  640 So. 2d 1105· Fla.· 1994-07-07 ·cited 2×
  The court held that respondents engaged in the unlicensed practice of law and permanently enjoined them from continuing such activities.
• Alabau v. Town OF Lake Park
  617 So. 2d 872· Fla. 4th DCA· 1993-05-12 ·cited 2×
  The court held that a permanent injunction cannot be entered without proper pleadings and notice of trial. The trial court also erred in entering a temporary injunction without notice.
• Commonwealth OF Pa. & Guardians of Greater Pittsburgh, Inc. v. Flaherty
  983 F.2d 1267· 3d Cir.· 1993-01-20 ·cited 2×
  The court held that the Commonwealth failed to prove intentional discrimination under the Davis standard, and therefore, permanent injunctive relief was properly denied, and the preliminary injunction was correctly dissolved.
• Zambrano v. Immigr. & Naturalization Serv.
  972 F.2d 1122· 9th Cir.· 1992-08-19 ·cited 2×
  The court held that the district court had jurisdiction, properly extended the IRCA application deadline, did not err in ordering discovery of class member names, and correctly denied the contempt motion.
• United States v. Local 560 (I.B.T.)
  974 F.2d 315· 3d Cir.· 1992-08-18 ·cited 2×
  The court held that the district court did not err in issuing a permanent injunction against Michael Sciarra, finding sufficient evidence of his continued ties to organized crime and obstruction of the union's corruption-free environment.
• Schaeffer v. Schaeffer
  606 So. 2d 369· Fla. 3d DCA· 1992-05-26 ·cited 2×
  The trial court properly exercised its discretion in dividing marital assets and denying alimony and attorney's fees in a dissolution action after a twenty-year marriage.
• RDS Mfg., Inc. v. Daws Mfg. Co., Inc.
  598 So. 2d 193· Fla. 1st DCA· 1992-05-05 ·cited 2×
  RDS Manufacturing appeals a permanent injunction enforcing a noncompetition agreement, arguing the trial court improperly extended the agreement's restrictions to non-signatories. The appellate court affirmed the injunction, interpreting it as limiting non-parties only from aidin
• Overholt Crop Ins. Serv. Co. v. Travis
  941 F.2d 1361· 8th Cir.· 1991-08-14 ·cited 2×
  The court held that awarding both liquidated and compensatory damages for the same conduct, or for overlapping breaches, is improper and can render the liquidated damages clause a penalty.
• Great Am. Audio Corp. v. Metacom, Inc.
  938 F.2d 16· 2d Cir.· 1991-06-28 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion, but dismissed the appeal of the denial of permanent injunctive relief due to lack of a final judgment.
• Elvis Presley Enters., Inc. v. Elvisly Yours, Inc.
  936 F.2d 889· 6th Cir.· 1991-06-27 ·cited 2×
  The court held that the district court did not abuse its discretion in limiting discovery, nor in granting summary judgment sua sponte on the supplemental counterclaim, but the permanent injunction was overbroad.
• Fla. E. Coast Ry. Co. v. Martinez
  761 F. Supp. 782· M.D. Fla.· 1991-04-18 ·cited 2×
  The court held that the Governor, Attorney General, and Department of Transportation were improperly named as defendants because the statute at issue did not grant them any duties or enforcement powers regarding the local ordinances enacted under it.
• Trans World Airlines, Inc. v. Morales
  949 F.2d 141· 5th Cir.· 1991-01-18 ·cited 2×
  The court held that the district court did not abuse its discretion in granting summary judgment and a permanent injunction, affirming the prior panel's implicit findings on jurisdiction and applying the law of the case doctrine.
• Leaseway Transp. Corp. v. Bushnell
  888 F.2d 1212· 7th Cir.· 1989-11-08 ·cited 2×
  The court held that the Interstate Commerce Commission's exemption under 49 U.S.C. § 11343(e) and the exclusive authority granted by 49 U.S.C. § 11341(a) preempted the Illinois Commerce Commission's attempt to regulate Leaseway's acquisition of a subsidiary.
• Lewellen v. Raff
  851 F.2d 1108· 8th Cir.· 1988-07-14 ·cited 2×
  The court held that its prior affirmance of a preliminary injunction against a state criminal trial was proper, even without a definitive finding on the likelihood of conviction, because a finding of retaliatory prosecution was sufficient for preliminary relief.
• Accion Soc. de Puerto RICO, Inc. v. Norberto Viera Perez
  831 F.2d 365· 1st Cir.· 1987-10-20 ·cited 2×
  The court held that the district court erred by deciding the issue of whether ASPRI was a community action agency before the administrative remedies provided under the Act were exhausted. The court vacated the district court's orders for violating the doctrine of exhaustion of ad
• Lykes Bros., Inc. v. Clements
  501 So. 2d 1302· Fla. 2d DCA· 1986-11-19 ·cited 2×
  Lykes Bros. appealed a trial court decision granting an implied easement of necessity to Clements and other landowners across Lykes' property to access public roads. The court affirmed, holding that the easement arose in 1936 when the original tract was conveyed without accessibl
• Olivieri v. Ward
  801 F.2d 602· 2d Cir.· 1986-09-16 ·cited 2×
  The court held that while the district court correctly identified the infringement of civil rights, it erred in not adequately protecting the counterdemonstrators' rights and in its specific injunction regarding the number of demonstrators. The appellate court modified the injunc
• Jorgenson v. Cnty. of Volusia
  625 F. Supp. 1543· M.D. Fla.· 1986-01-17 ·cited 2×
  The court denied the plaintiffs' request for a temporary restraining order, finding the Volusia County ordinance prohibiting topless dancing in establishments serving alcohol to be constitutional under the Twenty-first Amendment.
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.
• Int'l Food & Bev. Sys. v. City of Fort Lauderdale
  614 F. Supp. 1517· S.D. Fla.· 1985-08-09 ·cited 2×
  City zoning ordinances restricting the location of establishments permitting nudity and serving alcohol are unconstitutional as applied because they are not narrowly tailored and effectively deny reasonable access to constitutionally protected expression.
• United States v. Martin-Trigona
  767 F.2d 35· 2d Cir.· 1985-07-10 ·cited 2×
• Fla. Literary Distrib. Corp. v. State
  460 So. 2d 1028· Fla. 3d DCA· 1985-01-02 ·cited 2×
  This case is a concurring opinion that suggests trial courts consider using juries in proceedings seeking injunctions, particularly those involving contemporary community standards.
• Metro. Life Ins. Co. v. Austin
  461 So. 2d 252· Fla. 2d DCA· 1984-12-21 ·cited 2×
  Metropolitan Life Insurance Company appealed a trial court's refusal to enter a permanent injunction regarding air conditioning hours in a commercial lease dispute. The appellate court had previously determined that "usual business hours" required air conditioning from 8:00 a.m.
• City OF Daytona Beach Shores v. State
  454 So. 2d 651· Fla. 5th DCA· 1984-07-19 ·cited 2×
  The City of Daytona Beach Shores challenged a declaratory judgment and permanent injunction prohibiting it from charging a user fee for vehicular traffic on its beaches. The court affirmed, holding that while municipalities possess constitutional authority to impose user fees, th
• Commodity Futures Trading Comm'n v. Chilcott Portfolio Mgmt., Inc.
  725 F.2d 584· 10th Cir.· 1984-01-19 ·cited 2×
  The court held that the district court did not err in denying a creditor's petition to intervene and sue the receiver, as the established claims procedure adequately protected the creditor's interests.