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

• Lorie v. C.L.N.
  757 So. 2d 610· Fla. 3d DCA· 2000-05-17 ·cited 9×·via Temporary Injunction
  The court held that a voluntary dismissal of a suit does not automatically entitle the plaintiff to the return of an injunction bond, and the defendant may recover damages from the bond if the injunction was wrongfully issued.
• Cohen v. Brown Univ.
  991 F.2d 888· 1st Cir.· 1993-04-16 ·cited 9×
  The court held that a university must fully and effectively accommodate the interests and abilities of the underrepresented sex in its athletic programs, and cannot simply allocate opportunities based on the ratio of interested athletes if that leaves some interests unmet.
• N. States Power Co. v. The Prairie Island Mdewakanton Sioux Indian Cmty.
  991 F.2d 458· 8th Cir.· 1993-04-14 ·cited 9×
  The court held that the Hazardous Materials Transportation Act preempts the tribal ordinance, meaning tribal officers acted outside their authority and thus are not protected by sovereign immunity, and that the district court did not err in granting a preliminary injunction.
• The Original Great Am. Chocolate Chip Cookie Co. v. River Valley Cookies
  970 F.2d 273· 7th Cir.· 1992-07-20 ·cited 9×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's reversal.
• Barclays Am. Mortg. Corp. v. Holmes
  595 So. 2d 104· Fla. 5th DCA· 1992-02-07 ·cited 9×·via Temporary Injunction
• Storer Commc'ns, Inc. v. State
  591 So. 2d 238· Fla. 4th DCA· 1991-07-31 ·cited 9×·via Temporary Injunction
  Storer Communications challenged a temporary injunction prohibiting the negative option marketing of a cable channel called ENCORE. The Fourth District Court of Appeal reversed, holding that the Department of Legal Affairs failed to establish a clear legal right to the injunction
• Salvation Army (The) v. Dep't OF Cmty. Affairs OF the State OF NEW Jersey
  919 F.2d 183· 3d Cir.· 1990-11-05 ·cited 9×
  The court held that TSA's constitutional challenge to the Rooming and Boarding House Act and bill of rights fails due to ripeness and the Smith decision, though a concurring judge doubts the application of these rationales to a specific clause.
• Keene Corp. v. Judge J.E. Cass
  908 F.2d 293· 8th Cir.· 1990-07-09 ·cited 9×·via Motion For Preliminary Injunction
  The court held that federal courts lack subject matter jurisdiction to review state court orders when the federal claims are inextricably intertwined with the state court's rulings, and that attorney fees under 42 U.S.C. § 1988 cannot be awarded when a case is dismissed for lack
• Dist. 29 v. United Mine Workers OF Am. 1974 Benefit Plan & Tr.
  826 F.2d 280· 4th Cir.· 1987-08-13 ·cited 9×
  The 1974 Benefit Plan and Trust must assume liability for retiree health benefits when the former employer or its successor is financially able to provide benefits but is no longer legally obligated to do so, to fulfill the parties' intent of providing lifetime benefits.
• Star Satellite, Inc. v. City OF Biloxi
  779 F.2d 1074· 5th Cir.· 1986-01-03 ·cited 9×·via Preliminary Injunction Requirements
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the appellant failed to demonstrate a substantial likelihood of success on the merits of its constitutional or state law claims regarding the zoning ordinance's time re
• United States v. Riverside Bayview Homes, Inc.
  729 F.2d 391· 6th Cir.· 1984-03-07 ·cited 9×
  The court held that the amended Corps of Engineers wetlands definition requires present inundation or saturation sufficient to support vegetation, and that Riverside's property did not meet this standard. The court also vacated the declaratory judgment regarding a Corps regulatio
• In re Dist. NO. 1-Pacific Coast Dist. v. Dist. NO. 1-Pacific Coast Dist.
  723 F.2d 70· D.C. Cir.· 1983-11-08 ·cited 9×
  The Court of Appeals held that the district court's order, though labeled a temporary restraining order, was effectively a preliminary injunction that violated the Norris-LaGuardia Act, and thus the district court lacked jurisdiction.
• ST. Charles Mfg. Co. v. Mercer
  719 F.2d 380· 11th Cir.· 1983-11-07 ·cited 9×
  The court held that the district court did not err in denying plaintiffs' claims for profits, damages, and attorney's fees, as plaintiffs failed to prove specific monetary losses or that the defendants' actions were exceptional.
• Parfums Stern, Inc. v. United States Customs Serv.
  575 F. Supp. 416· S.D. Fla.· 1983-06-14 ·cited 9×
  The court denied the plaintiff's motion for a preliminary injunction because the plaintiff failed to establish the necessary prerequisites, including a substantial likelihood of success on the merits and irreparable harm.
• Pennwalt Corp. v. Plough, Inc.
  676 F.2d 77· 3d Cir.· 1982-04-08 ·cited 9×
  The court held that Plough's 1981 advertisement, which implied comparative efficacy through statistical claims about doctor prescriptions, constituted a 'covered claim' under the settlement agreement and should have been submitted to the expert panel.
• Wetzel v. Edwards
  635 F.2d 283· 4th Cir.· 1980-10-27 ·cited 9×
  The court held that the district court abused its discretion by improperly balancing the factors for granting a preliminary injunction, failing to adequately consider the harm to the defendants and the public interest.
• Whelan v. Colgan
  602 F.2d 1060· 2d Cir.· 1979-06-27 ·cited 9×
  The court held that the district court properly exercised jurisdiction under LMRA § 301 and did not err in granting a preliminary injunction to compel payment of welfare benefits.
• Xerox Corp. v. SCM Corp.
  576 F.2d 1057· 3d Cir.· 1978-05-17 ·cited 9×
  A patent infringement claim does not arise out of the same transaction or occurrence as an antitrust claim, and therefore is not a compulsory counterclaim under Rule 13(a).
• Caltagirone v. The Sch. Bd. OF Hernando Cnty.
  355 So. 2d 873· Fla. 2d DCA· 1978-03-08 ·cited 9×·via Temporary Injunction
  The court held that the trial court properly enjoined arbitration pending determination of contract validity, but erred in dismissing the counterclaim for breach of contract damages.
• Coal. FOR Responsible Reg'l Dev. & Ruth C. Sullivan v. Brinegar
  518 F.2d 522· 4th Cir.· 1975-06-16 ·cited 9×
  The dissenting judge would affirm the district court's judgment denying a preliminary injunction, finding the district court's reasoning largely supported by the record.
• Siff v. The State Democratic Executive Comm.
  500 F.2d 1307· 5th Cir.· 1974-08-22 ·cited 9×
  The court held that the trial court was justified in denying plaintiffs' pleas for temporary injunctive relief due to constitutional uncertainty.
• Rice v. Am. Program Bureau
  446 F.2d 685· 2d Cir.· 1971-07-08 ·cited 9×
• Calagaz v. DeFRIES
  303 F.2d 588· 5th Cir.· 1962-06-11 ·cited 9×
  The court held that the trial court did not abuse its discretion in denying the motion for a preliminary injunction.
• Albury v. Plumbers Local Union NO. 519
  100 So. 2d 647· Fla. 3d DCA· 1958-02-20 ·cited 9×·via Temporary Injunction
  The court held that the trial court did not abuse its discretion in denying a temporary injunction and that the complaint stated an adequate remedy at law for the alleged conspiracy claims.
• Martin v. Nat'l League Baseball Club
  174 F.2d 917· 2d Cir.· 1949-06-02 ·cited 9×
  The court held that the order denying the preliminary injunction was legally sound based on the record, as the plaintiffs failed to establish jurisdiction or that the reserve clause violated antitrust laws.
• The Riviera Club v. The City of Ormond
  147 Fla. 401· Fla.· 1941-06-03 ·cited 9×·via Temporary Injunction
  The Riviera Club challenged the constitutionality of a 1931 special act incorporating the City of Ormond, arguing that certain wild, unimproved lands within the municipality's boundaries could not benefit from incorporation and therefore could not be taxed for municipal purposes.
• The Milk Comm'n v. Dade Cnty. Dairies, Inc.
  145 Fla. 579· Fla.· 1940-12-20 ·cited 9×·via Temporary Injunction
  The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
• Crockett v. The Volunteer State Life Ins. Co.
  142 Fla. 750· Fla.· 1940-05-17 ·cited 9×·via Temporary Injunction
  The Florida Supreme Court affirmed an interpleader decree requiring multiple claimants to settle their conflicting rights to insurance proceeds from a policy where the insured was killed by his widow. The court also upheld the trial court's issuance of a temporary injunction halt
• Kilgore Groves, Inc. v. Mayo
  136 Fla. 615· Fla.· 1939-03-08 ·cited 9×·via Temporary Injunction
  The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
• R. D. Lamar, Inc. v. Ray
  132 Fla. 704· Fla.· 1938-06-09 ·cited 9×·via Temporary Injunction
  A Florida taxpayer challenged the City of Miami's sale and exchange of delinquent tax certificates as ultra vires and invalid. The court upheld the trial court's orders granting a temporary injunction and denying the defendant's motions to dismiss, holding that tax certificates a
• Lewis v. Holmes Kirkland and Marie Towne
  118 Fla. 350· Fla.· 1935-01-30 ·cited 9×
  The Florida Supreme Court reversed a final decree granting a permanent injunction against A. M. Lewis for violating non-solicitation restrictions in an employment contract. The court found that the receivers of a laundry company lacked standing to enforce the restrictive covenant
• Acrylicon USA, LLC v. Silikal GMBH
  46 F.4th 1317· 11th Cir.· 2022-08-29 ·cited 8×
  The court held that the district court erred in re-entering a permanent injunction without proper findings and in awarding nearly full attorney's fees after significant relief was reversed.
• THE Shir LAW Grp., P.A. v. Dario Carnevale
  314 So. 3d 523· Fla. 3d DCA· 2021-02-24 ·cited 8×·via Temporary Injunction
  A temporary injunction prohibiting the sale of property must comply with Florida Rule of Civil Procedure 1.610, including requiring a verified or sworn motion, conducting an evidentiary hearing when requested, making specific factual findings supporting each element of the injunc
• Independent Party of Florida v. Sec'y, State of Fla.
  967 F.3d 1277· 11th Cir.· 2020-08-03 ·cited 8×
  The court held that Florida's ballot-access law for presidential elections, offering affiliation with a national party or a one-percent signature requirement, does not unconstitutionally burden First Amendment rights or violate the Equal Protection Clause.
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 8×·via Temporary Injunction
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×·via Temporary Injunction
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×·via Temporary Injunction
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• NRD Invs., Inc. v. Velazquez
  976 So. 2d 1· Fla. 3d DCA· 2007-12-05 ·cited 8×
  NRD Investments appealed a trial court's temporary injunction requiring it to restore a tenant's office to pre-construction condition. The appellate court affirmed, finding that the tenant Dr. Velazquez met all requirements for injunctive relief and that the trial court properly
• CB Fleet Co., Inc. v. Unico Holdings, Inc.
  510 F. Supp. 2d 1078· S.D. Fla.· 2007-04-25 ·cited 8×
  C.B. Fleet Company obtained a preliminary injunction against Unico Holdings for copyright infringement of its Phospho-soda bowel cleansing kit's patient instruction sheet and package design. The court found C.B. Fleet established a substantial likelihood of success on the merits,
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×·via Temporary Injunction
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Garrick Hatfield v. Autonation, Inc.
  939 So. 2d 155· Fla. 4th DCA· 2006-09-27 ·cited 8×·via Temporary Injunction
  Hatfield, a former general manager at an AutoNation dealership, appeals a temporary injunction prohibiting him from disclosing misappropriated trade secrets and restricting his employment in the automotive industry. The appellate court affirms, holding that AutoNation demonstrate
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• Caruso v. Super Vision Int'l, Inc.
  845 So. 2d 947· Fla. 5th DCA· 2003-04-25 ·cited 8×·via Temporary Injunction
  Appellants who were defendants in a breach of contract action appealed non-final orders finding them in civil contempt and striking their pleadings as sanctions. The appellate court converted the notice of appeal to a petition for writ of certiorari and denied relief, holding tha
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×·via Temporary Injunction
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×·via Temporary Injunction
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• Pinellas Classroom Teachers' Ass'n v. The Sch. Bd. OF Pinellas Cnty.
  805 So. 2d 937· Fla. 2d DCA· 2001-11-07 ·cited 8×·via Temporary Injunction
  The court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion.
• Shields v. The Paving Stone Co., Inc.
  796 So. 2d 1267· Fla. 4th DCA· 2001-10-17 ·cited 8×·via Temporary Injunction
  The appellate court held that the temporary injunction order was overly broad and did not conform to the trial court's oral ruling, requiring modification.
• Frengut v. ZGOPLUS.COM, Inc.
  778 So. 2d 432· Fla. 4th DCA· 2001-02-07 ·cited 8×·via Temporary Injunction
• Varveris v. Alberto M. Carbonell, P.A.
  773 So. 2d 1275· Fla. 3d DCA· 2000-12-27 ·cited 8×·via Temporary Injunction
  Marie Varveris appeals a judgment ordering sale of her property in proceedings supplementary to execution. The Third District Court of Appeal reverses because Marie was not properly served or impleaded as a defendant, violating her due process rights to a full and fair hearing.
• Watkins v. Colonial Life & Accident Ins. Co.
  719 So. 2d 934· Fla. 5th DCA· 1998-09-11 ·cited 8×·via Temporary Injunction
  Wayne Watkins appeals a trial court's order enjoining him from breaching a noncompete clause in his employment contract with Colonial Life and ordering arbitration of damages. The appellate court reverses both orders, finding the permanent injunction was entered improperly withou