Preliminary Injunction

3,388 Florida cases classified under this topic, plus 1,538 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Local Lodge No. 1248 OF Int'l Ass'n OF MacHinists v. ST. Regis Paper Co.
  125 So. 2d 337· Fla. 1st DCA· 1960-12-20 ·cited 18×·via Temporary Injunction
  A labor union and 85 of its members appealed from a trial court order that denied motions to dissolve a temporary injunction and to discharge a contempt finding, and adjudged all 85 members in criminal contempt for violating the injunction. The appellate court held that the conte
• Comptone Co., Ltd. v. Rayex Corp.
  251 F.2d 487· 2d Cir.· 1958-01-09 ·cited 18×
  The court held that the contempt finding was not appealable as it was not a final decision and no penalty had been imposed, but affirmed the preliminary injunction.
• Seagram-Distillers Corp. v. NEW CUT Rate Liquors, Inc.
  245 F.2d 453· 7th Cir.· 1957-05-23 ·cited 18×
  The court held that the district court erred in finding it had federal jurisdiction because the plaintiff failed to provide competent proof that the amount in controversy exceeded $3,000.
• Hoffritz v. United States
  240 F.2d 109· 9th Cir.· 1956-12-20 ·cited 18×
  The court held that the district court erred in denying a hearing where a genuine issue of fact existed regarding the legality of evidence seizure, and that the appeal was not moot.
• Burns v. McCRARY
  229 F.2d 286· 2d Cir.· 1956-01-11 ·cited 18×
  The court held that the district court lacked jurisdiction to grant an injunction because plaintiffs had not exhausted their administrative remedies.
• W. L. Mead, Inc. v. Int'l Bhd. OF Teamsters
  217 F.2d 6· 1st Cir.· 1954-11-18 ·cited 18×·via Temporary Injunction
  The court held that the Norris-LaGuardia Act prohibits federal courts from issuing injunctions against peaceful strikes and picketing, even when such actions violate a collective bargaining agreement under the Labor Management Relations Act.
• Stoner v. S. Peninsula Zoning Comm'n
  75 So. 2d 831· Fla.· 1954-11-16 ·cited 18×·via Temporary Injunction
  The Florida Supreme Court reversed a temporary injunction preventing the creation of a municipality in South Peninsula, Volusia County. The court held that equity courts should not enjoin the exercise of political rights granted by statute absent a clear showing of irreparable in
• Hall v. Hanford
  64 So. 2d 303· Fla.· 1953-04-07 ·cited 18×·via Temporary Injunction
  The Florida Supreme Court reviewed an order that both dismissed a bill of complaint with leave to amend and simultaneously maintained a temporary injunction based on that same bill. The court held that a court cannot maintain an injunction after dismissing the bill of complaint t
• Door v. Donaldson
  195 F.2d 764· D.C. Cir.· 1952-01-31 ·cited 18×
• Mayflower Indus. v. Thor Corp.
  184 F.2d 537· 3d Cir.· 1950-08-08 ·cited 18×
  The court held that the claims against Thor and Teldisco were not 'separate and independent' for removal purposes under 28 U.S.C. § 1441(c).
• Eighth Reg'l War Labor Bd. v. Humble OIL & Ref. Co.
  145 F.2d 462· 5th Cir.· 1944-12-21 ·cited 18×
  The court held that a district court lacked jurisdiction to enjoin nonresident defendants and that there was no sound basis for issuing an injunction against resident defendants.
• Weiner v. Nat'l Tinsel MFG. Co.
  123 F.2d 96· 7th Cir.· 1941-10-24 ·cited 18×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the defendant's use of trade names that simulated the plaintiffs' registered trademarks.
• Baxter v. Liddon
  62 Fla. 428· Fla.· 1911-06-01 ·cited 18×·via Temporary Injunction
  Baxter and others appealed a chancery court decree that granted Liddon's bill for injunction against ejectment proceedings and ordered conveyance of disputed land based on equitable title. The Florida Supreme Court affirmed, finding the evidence supported the chancellor's finding
• Harbourside Place, LLc v. Town of Jupiter
  958 F.3d 1308· 11th Cir.· 2020-05-14 ·cited 17×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, finding that the plaintiff failed to establish a likelihood of success on its claims that it qualifies as an outdoor venue and that the challenged sections of the Jupiter Code
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×·via Temporary Injunction
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Fla. High Sch. Activities Ass'n v. Mander
  932 So. 2d 314· Fla. 2d DCA· 2006-02-01 ·cited 17×·via Temporary Injunction
  The Florida High School Activities Association (FHSAA) appealed a temporary restraining order allowing a private-school student to play volleyball on a public middle-school team. The appellate court reversed the order because it was issued without reasonable notice to the FHSAA a
• N. Am. Prods. Corp. v. Moore
  196 F. Supp. 2d 1217· M.D. Fla.· 2002-04-02 ·cited 17×
  The court held that the employer established a likelihood of success on the merits regarding the employee's material breach defense and the enforcement of the 1998 non-solicitation agreement, but not the 1991 agreement due to unresolved novation issues.
• Off. of the Attorney Gen. v. Millennium Commc'ns & Fulfillment, Inc.
  800 So. 2d 255· Fla. 3d DCA· 2001-10-10 ·cited 17×·via Temporary Injunction
  The court held that a protective order denying discovery was improperly granted because the grounds for the order were insufficient and the denial of discovery could cause irreparable harm.
• P.M. Realty & Invs., Inc. v. City OF Tampa
  779 So. 2d 404· Fla. 2d DCA· 2000-08-25 ·cited 17×
  P.M. Realty & Investments, Inc. appeals a preliminary injunction granted to the City of Tampa to enforce a zoning ordinance requiring special use permits for adult entertainment businesses. The court affirms the injunction and rejects P.M.'s constitutional challenges, holding tha
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×·via Temporary Injunction
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• City OF Oviedo v. Alafaya Utils., Inc.
  704 So. 2d 206· Fla. 5th DCA· 1998-01-09 ·cited 17×·via Preliminary Injunction Requirements
  The City of Oviedo appealed a temporary injunction preventing it from withholding approval of sewer improvements by Alafaya Utilities until Alafaya signed a franchise agreement. The court affirmed the injunction, holding that Oviedo's conditioning of utility approvals on a unilat
• Cronin v. United States Dep't OF Agric.
  919 F.2d 439· 7th Cir.· 1990-11-28 ·cited 17×
  The court held that the Forest Service's decision to authorize group selection logging was permissible under the existing management plan and did not require a new environmental impact statement.
• United Servs. Gen. Life Co. v. Bauer
  568 So. 2d 1321· Fla. 2d DCA· 1990-10-26 ·cited 17×·via Temporary Injunction
  A trial court has jurisdiction to determine whether a disputed document is part of the contract before compelling arbitration, especially when the dispute involves interstate commerce.
• Pollgreen v. Morris
  911 F.2d 527· 11th Cir.· 1990-09-07 ·cited 17×
  The court held that attorney's fees under the EAJA can be awarded for administrative proceedings intimately tied to a civil action, even if not adversarial adjudications. However, the doubling of the statutory hourly rate requires specific justification beyond general factors lik
• DOE v. Vill. OF Crestwood
  917 F.2d 1476· 7th Cir.· 1990-08-11 ·cited 17×
  The court held that the district court's finding that the Village sponsored the mass, thus violating the Establishment Clause, was not clearly erroneous, and the injunction against the mass was appealable.
• Metro. Life Ins. Co. & Jefferson-Pilot Life Ins. Co. v. RJR Nabisco
  906 F.2d 884· 2d Cir.· 1990-06-25 ·cited 17×
  The court held that the district court erred in tolling the contractual cure periods, as this altered the unambiguous terms of the indentures and denied the lenders their bargained-for temporal limitations.
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd.
  563 So. 2d 103· Fla. 3d DCA· 1990-05-02 ·cited 17×·via Temporary Injunction
  A commercial tenant seeking to enjoin the breach of a restrictive covenant that protects parking or access to its leased premises need not prove irreparable harm; proof of the covenant violation is sufficient to obtain a temporary injunction.
• Johnson Controls, Inc. v. Phoenix Control Sys., Inc.
  886 F.2d 1173· 9th Cir.· 1989-10-03 ·cited 17×
  The court held that the district court did not err in granting a preliminary injunction for copyright infringement, as non-literal components of software can be protected expression and substantial similarity was sufficiently shown.
• Instant AIR Freight Co. v. C.F. AIR Freight, Inc.
  882 F.2d 797· 3d Cir.· 1989-08-17 ·cited 17×
  The dissenting judge believes the district court did not abuse its discretion in finding irreparable harm and that injunctive relief was warranted.
• Clayton v. Howard Johnson Franchise Sys., Inc.
  730 F. Supp. 1553· M.D. Fla.· 1988-07-27 ·cited 17×
  The court held that the defendant was entitled to a preliminary injunction against the plaintiffs' use of 'HJ' and other marks, finding a strong likelihood of confusion and irreparable harm.
• Zola Klein v. The Royale Grp., Ltd.
  524 So. 2d 1061· Fla. 3d DCA· 1988-04-12 ·cited 17×·via Temporary Injunction
  Zola Klein sought to enforce a $225,000 promissory note against The Royale Group and Leonard Pelullo, who invoked Fifth Amendment privileges due to a federal grand jury investigation. The trial court stayed the action, and Klein appealed the trial court's denial of his motion to
• Korea Shipping Corp. v. NEW York Shipping Ass'n
  811 F.2d 124· 2d Cir.· 1987-02-04 ·cited 17×
  The court held that an order compelling payment of pension contributions pending resolution of a dispute, issued under statutory authority, is not a preliminary injunction appealable as of right under 28 U.S.C. § 1292(a)(1) unless irreparable harm is shown.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Si Handling Sys., Inc. v. Heisley
  753 F.2d 1244· 3d Cir.· 1985-02-04 ·cited 17×
  The court did not issue a holding as this is a concurring opinion.
• S. Cent. Bell Tel. Co. v. La. Pub. Serv. Comm'n
  744 F.2d 1107· 5th Cir.· 1984-10-11 ·cited 17×
  The court held that the district court acted within its authority in issuing a modified preliminary injunction requiring the Louisiana Public Service Commission to grant a telephone rate increase sufficient to cover federally mandated depreciation expenses.
• Am. Bell Inc. v. Fed'n of Tel. Workers of Pa.
  736 F.2d 879· 3d Cir.· 1984-06-06 ·cited 17×
  The court held that equity requires treating AT&T and its subsidiaries as a single enterprise in the context of a court-ordered divestiture, thus binding a successor subsidiary to a collective bargaining agreement.
• Nat'l Org. for Women v. Soc. Sec. Admin. OF the Dep't OF Health & Human Servs.
  736 F.2d 727· D.C. Cir.· 1984-05-25 ·cited 17×
  The court held that de novo review by the district court was inappropriate for an information submitter challenging an agency's decision to disclose records, and that the preliminary injunction was properly granted based on the administrative record.
• GTE Corp. v. Williams
  731 F.2d 676· 10th Cir.· 1984-04-06 ·cited 17×
  Delay in seeking a preliminary injunction, when coupled with no specific harm beyond presumed confusion, is a significant factor that can justify denial of the injunction.
• In re Arthur Treacher's Franchisee Litig. Magnesco Rests., Inc. v. Arthur Treacher's Fish & Chips, Inc.
  689 F.2d 1150· 3d Cir.· 1982-06-18 ·cited 17×
  The court held that a temporary restraining order extended indefinitely by consent becomes appealable as a preliminary injunction, and that a civil contempt order arising from such an order is also appealable. The court affirmed the finding of contempt against Arthur Treacher's a
• Buffalo Forge Co. v. Ampco-Pittsburgh Corp.
  638 F.2d 568· 2d Cir.· 1981-02-02 ·cited 17×
  The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate serious questions going to the merits or irreparable harm.
• GET OIL OUT! Inc. v. Exxon Corp.
  586 F.2d 726· 9th Cir.· 1978-11-22 ·cited 17×
  The Deepwater Port Act of 1974 does not apply to offshore facilities used exclusively for the production, transportation, and storage of oil from adjacent Outer Continental Shelf mineral leases.
• State of Fla. ex rel. W. Guy McKENZIE v. The Honorable Ben C. Willis
  310 So. 2d 1· Fla.· 1975-01-15 ·cited 17×·via Temporary Injunction
  The Florida Supreme Court granted writs of prohibition to prevent two circuit judges from exercising jurisdiction over disputes involving the Florida Public Service Commission's grant of temporary authority to operate as a common carrier and enforcement of non-compete agreements
• Nor-Am Agric. Prods., Inc. v. Hardin
  435 F.2d 1133· 7th Cir.· 1970-07-15 ·cited 17×
  The court held that the Secretary's emergency suspension order was subject to judicial review and was an arbitrary exercise of authority.
• Allis-Chalmers Mfg. Co. v. White Consol. Indus., Inc.
  414 F.2d 506· 3d Cir.· 1969-07-18 ·cited 17×
  A preliminary injunction should issue because there is a reasonable probability that the merger would create a market structure conducive to unlawful reciprocal dealing.
• Wyrough & Loser, Inc. v. Pelmor Labs., Inc.
  376 F.2d 543· 3d Cir.· 1967-03-02 ·cited 17×
  A party participating in a preliminary injunction hearing waives the defense of lack of personal jurisdiction, even if they could have filed a timely motion to dismiss.
• Adair Pipeline Co., Inc. v. Pipeliners Local Union NO. 798
  325 F.2d 206· 5th Cir.· 1963-12-06 ·cited 17×·via Temporary Injunction
• Engel v. City OF N. Miami
  115 So. 2d 1· Fla.· 1959-10-14 ·cited 17×·via Temporary Injunction
  The Supreme Court held that a petition for certiorari is not the proper procedural vehicle to seek review of a District Court of Appeal decision that initially construes a controlling provision of the Florida Constitution; such review must be by appeal.
• Merryman v. S. Tours, Inc.
  120 Fla. 440· Fla.· 1935-07-23 ·cited 17×·via Temporary Injunction
  Southern Tours, Inc. sought to enjoin competitors Merryman and Hill from operating an unlicensed auto transportation service. The Florida Supreme Court reversed the trial court's grant of a temporary injunction without bond, holding that injunctions under the relevant statute req
• Heath Trerice v. Trerice
  250 So. 3d 695· Fla. 4th DCA· 2018-06-27 ·cited 16×·via Temporary Injunction
  Once a trial court determines it lacks personal jurisdiction and dismisses a case, it exceeds its case jurisdiction by entering a separate order addressing the merits of a pending motion for temporary injunction. A court without jurisdiction cannot proceed in any manner and must
• Eldon v. Perrin
  78 So. 3d 737· Fla. 4th DCA· 2012-02-08 ·cited 16×·via Temporary Injunction
  Charles Eldon appealed a temporary injunction granted against him. The Florida Fourth District Court of Appeal reversed because the injunction order lacked sufficient factual findings supporting each element of the four-part injunction test and failed to set an appropriate bond a