Petition For Injunction

72 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Luther F. Grant and Sirrka v. Grant
  282 F.2d 165· 2d Cir.· 1960-07-28 ·cited 71×
  The court held that the order denying the government's motion to dissolve a stay and vacate an order to show cause in a pre-indictment motion to suppress evidence is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Stroud v. Swope
  187 F.2d 850· 9th Cir.· 1951-03-09 ·cited 48×
• Buzzard v. Local Lodge 1040 Int'l Ass'n OF MacHinists & Aerospace Workers
  480 F.2d 35· 9th Cir.· 1973-03-30 ·cited 36×
  The court held that union members must generally exhaust intra-union remedies before seeking judicial relief, unless futility or inadequacy is shown, and that exceptional circumstances were not present here.
• Odis R. VAN Buskirk v. Wilkinson
  216 F.2d 735· 9th Cir.· 1954-11-08 ·cited 36×
  The court held that the district court lacked jurisdiction because the petition failed to allege an amount in controversy and that, even if treated as a habeas corpus petition, the inmate's claim of double jeopardy was without merit.
• Hough v. Stembridge
  278 So. 2d 288· Fla. 3d DCA· 1973-05-22 ·cited 31×
  Members-elect of public boards are covered by the Government in the Sunshine Law, and reasonable public notice is mandatory for all public meetings.
• Broward Williams v. Ferrentino
  199 So. 2d 504· Fla. 2d DCA· 1967-06-02 ·cited 28×
  The State Treasurer (as ex officio Insurance Commissioner) and Director of the Financial Responsibility Division appealed a circuit court's temporary injunction preventing them from suspending the Ferrentinos' driver's licenses pending resolution of an insurance coverage dispute.
• Nat'l Labor Relations Bd. v. Sunshine Mining Co.
  125 F.2d 757· 9th Cir.· 1942-02-05 ·cited 27×
  Federal courts have the power to enjoin state court proceedings that interfere with the exclusive jurisdiction and enforcement of federal court decrees, particularly those issued under the National Labor Relations Act.
• Constance v. Constance
  366 So. 2d 804· Fla. 3d DCA· 1979-01-09 ·cited 24×
  Helen Constance appeals from a judgment declaring that funds she withdrew from three jointly-owned bank accounts belonged to her father Samuel Constance, not to her as joint owner. The court affirmed, holding that despite the signature cards establishing joint ownership on their
• Procacci v. Zacco
  324 So. 2d 180· Fla. 4th DCA· 1975-12-26 ·cited 24×
  The court held that the phrase 'subject to' in a deed, without more, is insufficient to reserve an easement, especially in the absence of supporting facts and circumstances indicating such intent.
• Dianne v. Adrian and Charline Wingate
  84 So. 3d 427· Fla. 1st DCA· 2012-04-02 ·cited 22×
  Gloria Dianne and Freddie L. Wingate appealed a summary judgment ordering them to remove speed bumps placed on an easement crossing their property. The Florida First District Court of Appeal reversed, holding that genuine issues of material fact exist regarding whether the speed
• Myrtice Jane Hayes v. Hayes
  578 So. 2d 54· Fla. 2d DCA· 1991-04-19 ·cited 22×
  A mother appealed an ex parte temporary injunction prohibiting her from removing her child from Polk County to relocate to Maryland for employment. The court reversed, holding that the father's verified petition failed to comply with Florida Rule of Civil Procedure 1.610 by not a
• Japan AIR Lines Co., Ltd. v. Int'l Ass'n OF MacHinists & Aerospace Workers
  538 F.2d 46· 2d Cir.· 1976-07-14 ·cited 22×
  The appeal from the temporary restraining order is moot due to its expiration, and the declaratory judgment that the Union's scope proposal is not a mandatory subject of bargaining under the RLA is affirmed.
• Emilia L. Carr v. State
  156 So. 3d 1052· Fla.· 2015-02-05 ·cited 19×
  Emilia Carr was convicted of first-degree murder and sentenced to death for her role in the premeditated killing of Heather Strong. The Florida Supreme Court affirmed her conviction and death sentence, rejecting numerous challenges to the trial court's evidentiary rulings, treatm
• Conklin v. Louie L. Wainwright
  424 F.2d 516· 5th Cir.· 1970-04-20 ·cited 16×
  The court held that limiting prisoners to 10 sheets of paper per day is not an abuse of discretion by prison authorities.
• Mondy v. Mondy
  395 So. 2d 193· Fla. 1st DCA· 1981-02-13 ·cited 12×
  Father appeals trial court's award of temporary custody to Mother in a child custody dispute where Father removed children from Alabama to Idaho and Mother subsequently removed them to Florida. The court affirms, holding that Florida has jurisdiction under the Uniform Child Custo
• Krupnick v. Crouse
  366 F.2d 851· 10th Cir.· 1966-10-05 ·cited 12×
  The court held that the district court erred in dismissing the habeas corpus petition without examining the merits, as the prior dismissal was based on failure to exhaust state remedies, not a determination of the substantive issues. The court affirmed the denial of the injunctio
• Wilner v. Alyse Wilner
  167 So. 2d 234· Fla. 3d DCA· 1964-09-08 ·cited 12×
  A former husband appeals an order denying his request to increase visitation rights and custody of his two children and to enjoin the mother from changing the children's surname. The Florida appellate court affirmed the trial court's decision, holding that the evidence supported
• Mrs. Margaret Jackson v. Colonel William A. Kuhn
  254 F.2d 555· 8th Cir.· 1958-04-28 ·cited 12×
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction because the plaintiffs failed to allege facts demonstrating the requisite amount in controversy for federal question jurisdiction.
• Fed. Home Loan Bank OF SAN Francisco v. Ammann
  225 F.2d 349· 9th Cir.· 1955-07-18 ·cited 12×
  The court granted the petition for writ of mandamus, directing the district court to comply with this court's prior mandates and to cease entertaining proceedings that relitigate already adjudicated issues.
• Elias v. Lisa Steele, M.D.
  940 So. 2d 495· Fla. 3d DCA· 2006-10-18 ·cited 11×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the permanent injunction because the appellant failed to establish a substantial change in circumstances.
• Dep't OF Child. & Families v. D.B.D.
  42 So. 3d 916· Fla. 4th DCA· 2010-08-25 ·cited 8×
  The Department of Children and Families (DCF) obtained an ex parte injunction against a father under section 39.504, Florida Statutes, based on allegations that largely mirrored claims the mother had previously made in a pending family court divorce case. The circuit court dismis
• Commodities Exp. Co. v. U.S. Customs Serv.
  888 F.2d 431· 6th Cir.· 1989-10-24 ·cited 7×
  The Court of International Trade likely has exclusive jurisdiction over the action under 28 U.S.C. § 1581(i), and the district court should consider transferring the case to that court.
• Acree v. Cnty. Bd. OF Educ. OF Richmond Cnty.
  399 F.2d 151· 5th Cir.· 1968-07-18 ·cited 6×
  The court held that the trial court did not err in denying a contempt citation, but the school board must take additional steps to desegregate schools because the freedom of choice plan has proven ineffective.
• Ry. Express Agency, Inc. v. Kennedy
  189 F.2d 801· 7th Cir.· 1951-06-05 ·cited 6×
  A carrier has no standing to sue to prevent the payment of unemployment compensation benefits to its employees, as the Railroad Unemployment Insurance Act precludes such review and the carrier's alleged harm is speculative.
• 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
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  871 So. 2d 113· Fla.· 2004-03-25 ·cited 4×
  The Court approved amendments to Florida Supreme Court Approved Family Law Forms by deleting Form 12.980(a) (fee-waiver form), creating three new forms for sexual violence protection (Forms 12.980(q), (r), (s)), and amending numerous existing domestic and repeat violence forms to
• Alexander v. Minton
  855 So. 2d 94· Fla. 2d DCA· 2003-06-13 ·cited 4×
  The court held that a dispute over access to LLC records is an arbitrable issue under the operating agreement, and the party seeking arbitration did not waive this right.
• Equibank v. United States Internal Revenue Serv.
  749 F.2d 1176· 5th Cir.· 1985-01-10 ·cited 4×
  Chandeliers permanently attached to a residence are component parts of the immovable, subject to a mortgage on the property, even if removable without substantial damage.
• Orison F. McDONALD, II v. Burrows
  731 F.2d 294· 5th Cir.· 1984-05-07 ·cited 4×
  The court held that extradition proceedings are not criminal in nature and thus do not implicate the Sixth Amendment right to a speedy trial, nor can delays in extradition be reviewed in a federal habeas corpus proceeding.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Eden Mem'l Park Ass'n v. United States
  300 F.2d 432· 9th Cir.· 1962-02-15 ·cited 4×
  The court held that the district court erred in enjoining state court proceedings because the state action did not contest federal ownership and its requested relief did not interfere with federal rights in the condemnation proceeding.
• Danenberg v. Cohen
  213 F.2d 944· 7th Cir.· 1954-06-14 ·cited 4×
  The appeal abates as to the retired United States Attorney and must be dismissed because the action sought to compel a personal action no longer within his control.
• Geo. W. Tedder v. Morrow
  100 Fla. 1486· Fla.· 1930-12-16 ·cited 3×
  A judgment creditor assigned a 1915 judgment to an assignee who obtained an alias execution 14 years later without returning or showing record of the original execution. The Supreme Court reversed the trial court's dismissal of an injunction petition, holding that a clerk lacks a
• Alper v. THE Florida BAR
  771 So. 2d 523· Fla.· 2000-10-19 ·cited 2×
  The Florida Supreme Court denied a petition by three Bar members seeking to enjoin The Florida Bar from using compulsory membership dues to fund a campaign advocating voter approval of merit selection and retention for county and circuit judges. The Court held that the Bar's acti
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Blakely v. Selective Serv. Sys.
  455 F.2d 795· 5th Cir.· 1972-02-22 ·cited 2×
  A registrant who received a II-S undergraduate deferment after the enactment of the Military Selective Service Act of 1967 is not entitled to a III-A fatherhood or dependency classification. The district court properly denied pre-induction relief.
• Barber v. State OF Ark.
  429 F.2d 20· 8th Cir.· 1970-07-14 ·cited 2×
  The court held that the petitioner's federal constitutional rights were not violated by the denial of a preliminary hearing, and that federal courts are prohibited from enjoining state court proceedings under 28 U.S.C. § 2283.
• Ferrario v. The State OF Neb.
  352 F.2d 620· 8th Cir.· 1965-11-05 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies and that the federal courts lacked jurisdiction over his claims.
• Hussey v. Lara
  272 So. 3d 498· Fla. 3d DCA· 2019-04-10 ·cited 1×
  # Legal Brief: Hussey v. Lara The Third District Court of Appeal reversed a permanent injunction for protection against sexual violence issued under Florida Statute § 784.046 because the trial court entered the order based solely on the mother's uncorroborated hearsay testimony,
• Rodriguez v. City of S. Miami
  260 So. 3d 338· Fla. 3d DCA· 2018-05-09 ·cited 1×
  A single incidental sentence in a motion to dissolve a restraining order does not constitute placing one's mental condition at issue under the exception to the psychotherapist-patient privilege, and the party seeking privileged records bears the burden of proving an exception app
• Keller v. Olin Ramseyer o/b/o A.R. and B.R.
  237 So. 3d 468· Fla. 5th DCA· 2018-02-09 ·cited 1×
  Florida appellate court reversed injunctions for protection against sexual violence where the trial court relied primarily on hearsay testimony about what alleged child victims told their father, lacking eyewitness testimony, affidavits, or direct physical evidence required under
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  880 So. 2d 579· Fla.· 2004-07-08 ·cited 1×
  The Florida Supreme Court adopted amendments to Florida Supreme Court Approved Family Law Forms related to injunctions for protection against sexual violence, domestic violence, repeat violence, and dating violence, in response to 2004 legislative amendments to Florida Statutes s
• Orth v. Orndorff
  835 So. 2d 1283· Fla. 2d DCA· 2003-02-07 ·cited 1×
• Alicia Frank ex rel Muriel Frank v. Gingrande
  S.D. Fla.· 2025-11-14
  A petitioner filed an emergency petition for habeas corpus or injunction on behalf of a patient, but the case was rendered moot when the patient died before the court could rule on the merits. The magistrate judge recommended dismissal as moot.
• Yaidel Alfonso v. Zenilda Hierrezuelo
  Fla. 3d DCA· 2025-08-20
  A trial court violates a defendant's procedural due process rights by entering a protective injunction under a different statute than the one pleaded and noticed for hearing, particularly when the unpleaded statute contains less stringent evidentiary requirements than the pleaded
• Colina v. Shiqian Jiang
  Fla. 3d DCA· 2025-07-16
  A person who reports sexual violence to law enforcement and cooperates in any criminal proceeding has standing to file a verified petition for an injunction for protection against sexual violence under Florida Statute § 784.046(2)(c)(1).
• Yefri Castro v. Stephanie Gutierrez o/b/o Destiny Castro
  Fla. 3d DCA· 2025-04-16
  A parent seeking a permanent injunction for protection against sexual violence on behalf of a minor child against the other parent must be an eyewitness, provide direct physical evidence, or submit eyewitness affidavits; hearsay statements from the child alone, even if admissible
• Ghina Hamad v. Hanan Sarsour
  Fla. 3d DCA· 2025-02-19
  A seller of a restaurant failed to disclose unpaid sales and use taxes to the buyer. The buyer obtained a preliminary injunction freezing the seller's assets to prevent her alleged flight to Venezuela. The appellate court reversed, holding that a monetary judgment for breach of c
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms—12.980(a)
  Fla.· 2024-06-20
  The Court amended nine Florida Supreme Court Approved Family Law Forms by removing language requiring notary verification in accordance with amendments to sections 741.30, 784.046, and 784.0485, Florida Statutes. The Court also made other changes to improve clarity and promote co
• Kuschnitzky v. Marasco
  Fla. 1st DCA· 2023-11-29
  An anonymous phone call to law enforcement, where the caller declines to make a full disclosure and never follows up, does not constitute a "report" of sexual violence as required by Florida Statutes § 784.046(2)(c) for standing to petition for a sexual violence injunction. The s