Petition For Injunctive Relief

29 Florida cases classified under this topic · sorted by citation count · browse and sort

• Lavin v. Marsh
  644 F.2d 1378· 9th Cir.· 1981-05-15 ·cited 53×
  The court held that reservists removed under the age-based years-of-service provisions are not entitled to discretionary relief under the maximum-age removal statute, and the Army is not estopped from denying benefits due to recruiter inducements absent affirmative misconduct.
• Orval E. Faubus v. United States (Amicus Curiæ
  254 F.2d 797· 8th Cir.· 1958-04-28 ·cited 31×
  The court held that the affidavit of prejudice was untimely and insufficient, the district court had jurisdiction to issue the injunction, and a three-judge court was not required. The Governor's discretion in using the National Guard is not absolute and can be questioned when it
• Childs v. Pegelow
  321 F.2d 487· 4th Cir.· 1963-08-01 ·cited 30×
  The court held that the failure to appoint counsel for plaintiffs was a violation of due process, as their complaints raised justiciable First Amendment claims regarding religious freedom in prison.
• Holland v. Purdy
  457 F.2d 802· 5th Cir.· 1972-03-17 ·cited 12×
  The court held that the petition for injunctive relief was moot because the petitioner was no longer subjected to the conditions he complained of.
• Gonul Begum Sarpel v. Mehmet Ilker Eflanli
  65 So. 3d 1080· Fla. 4th DCA· 2011-06-01 ·cited 10×
  The Fourth District Court of Appeal affirmed a Florida circuit court's jurisdiction to make an initial child custody determination in a dissolution of marriage case, holding that Florida remained the children's "home state" under the UCCJEA despite their seven-month absence in Tu
• Moultrie v. Davis
  498 So. 2d 993· Fla. 4th DCA· 1986-12-05 ·cited 10×
  Moultrie appeals the denial of his injunction to stop a recall election initiated by Riviera Beach voters. The court reversed, finding the recall petition legally insufficient under Florida law because the grounds alleged—voting to fire the police chief, failing to investigate bl
• Batista v. Nicolls
  213 F.2d 20· 1st Cir.· 1954-05-19 ·cited 10×
  The court held that the district court lacked jurisdiction to review the deportation order via a petition for declaratory and injunctive relief.
• Mobil Alaska Pipeline Co. v. United States & the Interstate Commerce Comm'n
  557 F.2d 775· 5th Cir.· 1977-07-29 ·cited 8×
  The Commission lacked the statutory authority to set an interim rate in the manner it did, as it failed to follow congressionally mandated ratemaking procedures and ignored statutory mechanisms for protecting parties.
• The Seven-Up Co. v. Fed. Trade Comm'n
  478 F.2d 755· 8th Cir.· 1973-05-31 ·cited 8×
  The court held that the district court properly dismissed Seven-Up's claim for lack of subject matter jurisdiction, as judicial intervention in ongoing agency proceedings is generally barred.
• United States ex rel. Francis J. Sledjeski v. Commanding Officer
  478 F.2d 1147· 2d Cir.· 1973-05-03 ·cited 8×
  A reservist must be clearly advised of their right to claim hardship before their failure to do so can be considered a waiver.
• Liberty Counsel v. The Fla. BAR Bd. OF Governors
  12 So. 3d 183· Fla.· 2009-06-04 ·cited 7×
  The Florida Bar's authorization of a voluntary section to file an amicus brief in pending litigation does not violate the First Amendment rights of bar members who disagree with the section's position, because membership in and dues to the section are voluntary and not funded wit
• Scott v. Schlesinger
  498 F.2d 1093· 5th Cir.· 1974-08-16 ·cited 7×
  The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
• Sylvis v. State
  916 So. 2d 915· Fla. 5th DCA· 2005-11-18 ·cited 6×
  William Sylvis appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's revocation of his parole for violating a no-contact condition. The appellate court treated the appeal as a petition for certiorari and denied relief, finding the circuit c
• Pisano v. Mayo Clinic Fla.
  333 So. 3d 782· Fla. 1st DCA· 2022-01-27 ·cited 5×
  This case involves a family's attempt to compel a hospital to administer a specific, unapproved pharmaceutical treatment to a COVID-19 patient. The appellate court affirmed the trial court's denial of the petition, holding that Florida Rule of Probate Procedure 5.900 provides a p
• Lyonel DOR v. Dist. Dir.
  891 F.2d 997· 2d Cir.· 1989-12-08 ·cited 5×
  The court held that the appellant's continued detention by the INS is legal and that the terms of the court's stay of deportation have been satisfied, allowing for the vacation of the stay.
• Gonzalez v. Vogel
  616 So. 2d 473· Fla. 2d DCA· 1993-02-12 ·cited 4×
  Joe Gonzalez challenged Christine Vogel's qualification as a judicial candidate under Florida's "resign to run" law, arguing she failed to take a required leave of absence. The court affirmed that Vogel's resignation letter, submitted in lieu of a leave of absence, satisfied stat
• Alachua Cnty. Court Executive v. Anthony
  418 So. 2d 264· Fla.· 1982-07-29 ·cited 4×
  The court held that the statutory provision granting an automatic jury service exemption to mothers, but not fathers, with young children is unconstitutional due to gender-based discrimination.
• Lieutenant Junior Grade Monroe G. Piland III v. Captain G. V. Eidson
  477 F.2d 1148· 9th Cir.· 1973-04-18 ·cited 4×
  The court held that a military member seeking to challenge the denial of conscientious objector status is considered in custody within the judicial district of their last duty station for the purpose of habeas corpus jurisdiction, even if under orders to transfer.
• Williams v. State
  370 So. 2d 1164· Fla. 4th DCA· 1979-01-10 ·cited 2×
  A state prisoner challenged the constitutionality of Florida's Mandatory Conditional Release statute, arguing that early release with parole-like supervision constituted double jeopardy. The court rejected this challenge, holding that the statute does not punish twice but rather
• Alesi v. Cornell
  250 F.2d 877· 9th Cir.· 1957-12-28 ·cited 2×
  The court held that the deportation order was valid and the proceedings were fair, affirming the denial of the petition for declaratory judgment and injunctive relief.
• Shawnte Billings v. Hickory Hollow Homeowners Ass'n
  Del. Ch.· 2026-02-12
  In a Delaware homeowners association governance dispute, the Court of Chancery denied a member's motion for temporary restraining order and preliminary injunction seeking to enjoin the board from acting pending resolution of contested board composition issues. The court granted t
• Rosa v. State
  N.D. Fla.· 2025-01-08
  A prisoner with three or more prior dismissals for frivolousness or failure to state a claim cannot proceed without prepayment of fees unless under imminent danger of serious physical injury.
• Imani Elite Props. LLC v. City of Miami
  Fla. 3d DCA· 2024-06-19
  A party's failure to appeal an administrative order to the Circuit Court and exhaust administrative remedies deprives the Circuit Court of jurisdiction to consider a petition for injunctive relief.
• Wd 19790 v. Dan Tr.
  263 So. 3d 240· Fla. 3d DCA· 2019-01-23
  A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
• Barrett Tool Rental, Inc. v. Metro. Miami Dade
  802 So. 2d 1166· Fla. 3d DCA· 2001-12-05
  The court held that the trial court correctly ruled it lacked subject matter jurisdiction because BTR's action to contest the tax assessment was untimely.
• Poinciana Mobile Home Park, Inc. v. Pink Conley
  538 So. 2d 133· Fla. 3d DCA· 1989-02-10
  Poinciana Mobile Home Park purchased a property with mobile homes that encroached on adjacent land owned by Key West Polo Club. The trial court denied Poinciana's request for an injunction to relocate the trailers but granted the homeowners' injunction preventing relocation. The
• Newton v. Martina
  371 So. 2d 234· Fla. 1st DCA· 1979-05-30
  City commissioners and clerk appealed a circuit court judgment upholding the validity of a recall petition against four commissioners. The court held that once the Supervisor of Elections certified sufficient valid signatures to the City Clerk's office, the Clerk lacked authority
• Faucett v. Wainwright
  362 So. 2d 1034· Fla. 1st DCA· 1978-10-04
• Minniefee v. Hale
  429 F.2d 1239· 5th Cir.· 1970-07-20
  The court affirmed the district court's order denying in part and granting in part a prisoner's petition for injunctive relief regarding prison conditions.