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

• Christy v. City OF ANN Arbor
  824 F.2d 489· 6th Cir.· 1987-07-23 ·cited 7×
  The court held that the Ann Arbor ordinance does not impose a severe restriction on First Amendment free expression, but the district court abused its discretion in denying a preliminary injunction.
• Lobo Enters., Inc. v. The Tunnel, Inc.
  822 F.2d 331· 2d Cir.· 1987-07-02 ·cited 7×·via Preliminary Injunction Requirements
  The court held that the district court erred in finding a lack of subject matter jurisdiction under the Lanham Act and in denying a preliminary injunction based on an unsupported narrow definition of the plaintiff's market.
• The Foxboro Co. v. Arabian Am. OIL Co.
  805 F.2d 34· 1st Cir.· 1986-11-13 ·cited 7×
  The court held that a plaintiff seeking a preliminary injunction to prevent the honoring of an international letter of credit must demonstrate irreparable harm, which was not shown here.
• Free v. Briody
  793 F.2d 807· 7th Cir.· 1986-06-11 ·cited 7×
  The court held that attorney's fees are recoverable under ERISA for post-judgment collection efforts and that the district court erred in denying fees for a portion of those efforts.
• Wis. Real Est. Inv. Tr. v. Rouse
  466 So. 2d 289· Fla. 5th DCA· 1985-02-21 ·cited 7×
  The trial court erred in issuing a preliminary injunction because the party seeking it failed to demonstrate irreparable injury and the circuit court exceeded its jurisdiction by enjoining an eviction action.
• RAY v. Kehoe
  447 So. 2d 1038· Fla. 4th DCA· 1984-04-04 ·cited 7×
• Hunter Douglas Inc. v. Sheet Metal Workers Int'l Ass'n
  714 F.2d 342· 4th Cir.· 1983-08-10 ·cited 7×
  The court held that a state court action seeking a declaratory judgment regarding arbitrability of a labor dispute is removable to federal court under § 301 of the LMRA, and that a prior state court decision denying a preliminary injunction does not preclude arbitration.
• Jones v. The Bd. OF Governors OF the Univ. OF N.C. & its constituent Inst. The Univ. of N.C. at Charlotte
  704 F.2d 713· 4th Cir.· 1983-04-01 ·cited 7×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction reinstating the student, as grave questions of procedural due process were presented and the balance of hardships favored the student.
• CHU Drua CHA v. Levine
  701 F.2d 750· 8th Cir.· 1983-03-10 ·cited 7×
  Appellant is a prevailing party for purposes of preliminary injunctive relief, and an award of attorneys' fees is appropriate. Costs are also allowed.
• Garcia v. Smith
  674 F.2d 838· 11th Cir.· 1982-04-13 ·cited 7×
  The court held that the district court had subject matter jurisdiction to hear the alien's claims regarding asylum denial and unlawful exclusion, even as a stowaway.
• Mid-Fla Coin Exch., Inc. v. Griffin
  529 F. Supp. 1006· M.D. Fla.· 1981-12-16 ·cited 7×
  The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
• Precision Shooting Equip. Co. & Paul E. Shepley, Jr. v. Holless W. Allen & Allen Archery, Inc.
  646 F.2d 313· 7th Cir.· 1981-04-07 ·cited 7×
  The court held that sufficient controversy exists for jurisdiction when a licensee challenges patent validity, and an escrow arrangement for post-challenge royalties is an equitable and practical solution pending determination.
• Costello v. Wainwright
  489 F. Supp. 1100· M.D. Fla.· 1980-02-11 ·cited 7×
  The court approved the settlement agreement, finding it fair, reasonable, and in the best interests of the plaintiff class, and dismissed claims related to prison overcrowding.
• Chicago Typographical Union v. Chicago Newspaper Publishers' Ass'n & Field Enters., Inc.
  620 F.2d 602· 7th Cir.· 1980-02-05 ·cited 7×
  The court held that attorney fees awarded under Section 7 of the Norris-LaGuardia Act are limited to the amount of the injunction bond posted, and since a zero bond was posted for the improperly issued TRO, no attorney fees could be awarded.
• R.I. Minority Caucus, Inc. v. Baronian
  590 F.2d 372· 1st Cir.· 1979-01-11 ·cited 7×·via Preliminary Injunction Standard
  The court affirmed the denial of a preliminary injunction because the alleged harm was dissipated by the passage of the 1978 election, rendering the request for interim relief moot.
• The Taylor Wine Co., Inc. v. Bully Hill Vineyards, Inc.
  590 F.2d 701· 2d Cir.· 1978-12-29 ·cited 7×
  The court held that the modified preliminary injunction generally conformed to prior guidelines and was appropriate, but modified certain overly restrictive provisions.
• Hooks v. Louie L. Wainwright
  578 F.2d 1102· 5th Cir.· 1978-08-24 ·cited 7×
  The trial court did not err in issuing a preliminary injunction to ensure constitutionally adequate inmate access to the courts.
• Duncan v. Furrow Auction Co.
  564 F.2d 1107· 4th Cir.· 1977-10-20 ·cited 7×
  The court held that 15 U.S.C. § 634(b)(1) prohibits injunctions against the SBA and its agents, thus affirming the lower court's decision to dissolve the TRO and dismiss the complaint.
• Algonquin SNG, Inc. v. Fed. Energy Admin.
  518 F.2d 1051· D.C. Cir.· 1975-08-11 ·cited 7×
  The court held that 19 U.S.C. § 1862(b) does not grant the President the substantive authority to impose license fees of the magnitude at issue, as it is limited to direct import controls.
• Publix Super Mkts., Inc. v. Pearson
  315 So. 2d 98· Fla. 2d DCA· 1975-06-25 ·cited 7×·via Temporary Injunction
  Publix sought to fill approximately ten acres of water-filled phosphate pits on its Polk County property to develop a shopping center. The trial court enjoined the development based on riparian rights principles applicable to natural lakes. The appellate court reversed, holding t
• Bemas Corp. v. City OF Jacksonville
  298 So. 2d 467· Fla. 1st DCA· 1974-07-16 ·cited 7×·via Temporary Injunction
  Bemas Corporation appealed a temporary injunction prohibiting operation of a borrow pit on its Jacksonville property under the newly enacted zoning ordinance. The court reversed, finding that the borrow pit operation was commenced and actively operating before the October 1, 1972
• PIC Design Corp. v. Bearings Specialty Co., Inc.
  436 F.2d 804· 1st Cir.· 1971-01-12 ·cited 7×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against a distributor for unfair competition and trademark infringement by substituting non-Pic products for orders referencing Pic's name or catalog numbers.
• Arco Fuel OIL Co., Inc. v. Atl. Richfield Co.
  427 F.2d 517· 2d Cir.· 1970-05-08 ·cited 7×·via Temporary Injunction
  The court held that the trial judge did not abuse his discretion in denying a temporary injunction, as the balance of convenience did not warrant interlocutory relief.
• Sooner State Dairies, Inc. v. Townley's Dairy Co.
  406 F.2d 1328· 10th Cir.· 1969-02-17 ·cited 7×·via Temporary Injunction
  The court held that the trial court erred in summarily dismissing the anti-trust suit during a hearing for temporary injunction.
• City OF N. Miami v. Engel
  109 So. 2d 33· Fla. 3d DCA· 1959-02-19 ·cited 7×
  The City of North Miami appealed from a preliminary injunction preserving the status quo in a mandamus action brought by police officers challenging the city's transfer of police functions to county government. The appellate court affirmed the injunction as within the circuit cou
• Nat'l Labor Relations Bd. v. Swift & Co.
  233 F.2d 226· 8th Cir.· 1956-05-04 ·cited 7×
  The court held that the District Court lacked jurisdiction to enjoin the state court proceeding due to the prohibition in 28 U.S.C. § 2283, as the Board failed to meet any of the statutory exceptions.
• City of Miami Beach v. Benhow Realty, Inc.
  168 F.2d 378· 5th Cir.· 1948-06-04 ·cited 7×
  The court held that the preliminary injunction was properly issued because the allegations presented grave questions regarding the ordinance's arbitrary enforcement and potential violation of constitutional rights, and the injury to appellees would be irreparable if denied.
• Gibson v. Robinson
  127 Fla. 88· Fla.· 1937-02-11 ·cited 7×·via Temporary Injunction
  The Florida Supreme Court affirmed a lower court's order granting a temporary injunction against a sheriff. The injunction prevented the sheriff from interfering with the operation of coin-operated vending and amusement machines with premium features, provided all required licens
• Song v. 1
  2005 WL 8155878· M.D. Fla.· 2024-12-02 ·cited 6×
  The court granted the plaintiff's motion to extend the Temporary Restraining Order because the plaintiff has not yet served the defendants and needs additional time to complete discovery to identify them.
• Mills v. Hamm
  102 F.4th 1245· 11th Cir.· 2024-05-28 ·cited 6×
  The court held that the inmate failed to establish a substantial likelihood of success on the merits or that the equities favored a stay of execution, and therefore denied the motion for a stay.
• Noble Prestige Ltd. v. Galle
  83 F.4th 1366· 11th Cir.· 2023-10-16 ·cited 6×
  Noble Prestige Limited sought to confirm and enforce international arbitral awards requiring Horn and his conservator Galle to pay debts under a litigation financing agreement, and obtained a preliminary injunction freezing $10,000,000 in conservatorship assets pending judgment.
• Otto v. City of Boca Raton
  41 F.4th 1271· 11th Cir.· 2022-07-20 ·cited 6×
  Robert Otto and Julie Hamilton challenged ordinances enacted by the City of Boca Raton and Palm Beach County that prohibited licensed therapists from providing sexual orientation change efforts (SOCE) to minors, arguing the ordinances violated their First Amendment rights. The El
• Democratic Executive Comm. of Fla. v. Nat'l Republican Senatorial Commitee
  950 F.3d 790· 11th Cir.· 2020-02-19 ·cited 6×
  The court held that it retains jurisdiction to consider vacatur motions in a moot case, but vacatur of prior opinions is not required because they will not have negative collateral effects.
• Rev Rec. Grp. v. LDRV Holdings Corp.
  259 So. 3d 232· Fla. 2d DCA· 2018-11-09 ·cited 6×·via Temporary Injunction
  REV Recreation Group appealed a temporary injunction order granting Lazydays exclusive dealership rights to sell certain recreational vehicle models. The court found that REV unlawfully allocated the 'Signature' and 'Marquis' models to competitor General RV when those models cons
• People's Tr. Ins. Co. v. Acosta
  259 So. 3d 179· Fla. 3d DCA· 2018-10-10 ·cited 6×·via Temporary Injunction
  A temporary injunction compelling insureds to execute a work authorization and submit to appraisal under an election-to-repair clause is not warranted because the insurer has adequate remedies at law, including abatement of the insureds' lawsuit, declaratory relief, and money dam
• State v. Gainesville Woman Care LLC
  187 So. 3d 279· Fla. 1st DCA· 2016-02-26 ·cited 6×
  Florida appealed a trial court's temporary injunction blocking enforcement of a 2015 law imposing a 24-hour waiting period for abortion procedures. The appellate court reversed, finding the trial court's injunction order deficient in factual findings, evidentiary support, and leg
• TWO Islands Dev. Corp. v. Clarke
  157 So. 3d 1081· Fla. 3d DCA· 2015-02-25 ·cited 6×·via Temporary Injunction
  Two Islands Development Corporation and related entities appealed from a trial court's temporary injunction prohibiting them from constructing a paver sidewalk on residential property lots. The appellate court vacated and remanded the injunction, holding that the owner and develo
• Minty v. Meister Fin. Grp., Inc.
  132 So. 3d 373· Fla. 4th DCA· 2014-02-12 ·cited 6×·via Temporary Injunction
  On remand from a prior appeal, the Fourth District reversed the circuit court's order disbursing funds held in the court registry to the lender, finding that the modification of the temporary injunction effectively granted permanent relief without a trial on the borrower's inextr
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×·via Temporary Injunction
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• Fed. Trade Comm'n v. First Universal Lending, LLC
  773 F. Supp. 2d 1332· S.D. Fla.· 2011-02-17 ·cited 6×
  The court denied Defendants' motion to enjoin prosecution, finding insufficient evidence of FTC spoliation of evidence in bad faith.
• Hunter v. Hunter
  36 So. 3d 148· Fla. 2d DCA· 2010-05-26 ·cited 6×·via Temporary Injunction
  In a dissolution of marriage case, the trial court granted the wife's emergency ex parte motion for exclusive use and possession of the marital home and ordered the husband to return personal property within 24 hours. The appellate court reversed, holding that the motion and orde
• Sacred Fam. Invs., Inc. v. Doral Supermarket, Inc.
  20 So. 3d 412· Fla. 3d DCA· 2009-10-14 ·cited 6×·via Temporary Injunction
  Sacred Family Investments appeals from an order temporarily enjoining construction of a bank building on leased parking spaces and ordering restoration of the parking lot. The court affirmed the injunction against further construction but reversed the order requiring restoration
• Global Tel Link Corp. v. Scott
  652 F. Supp. 2d 1240· M.D. Fla.· 2009-07-28 ·cited 6×
  The court held that the plaintiff was entitled to a preliminary injunction compelling the Sheriff's Office to engage in alternative dispute resolution as per the contract, but denied other injunctive relief against the Sheriff's Office and DSI/ITI due to failure to meet the likel
• League of Women Voters of Fla. v. Browning
  575 F. Supp. 2d 1298· S.D. Fla.· 2008-08-06 ·cited 6×
  The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
• SEA TOW Servs. Int'l, Inc. v. Duke Pontin
  973 So. 2d 531· Fla. 3d DCA· 2007-12-26 ·cited 6×·via Temporary Injunction
  The court held that a change in circumstances, specifically the licensee's failure to cure violations after notice, required the trial court to dissolve the temporary injunction.
• Edwards v. Harris
  964 So. 2d 196· Fla. 1st DCA· 2007-08-23 ·cited 6×·via Temporary Injunction
  Edwards challenges a temporary injunction enforcing a covenant not to compete against his former employer Harris. The appellate court reversed, finding the trial court failed to make adequate factual findings and the injunction was broader than necessary to protect Harris's legit
• Cooper v. Thomas Craig & Co., LLP
  906 So. 2d 378· Fla. 2d DCA· 2005-07-22 ·cited 6×·via Temporary Injunction
  The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.
• Merrill Lynch v. Dunn
  191 F. Supp. 2d 1346· M.D. Fla.· 2002-03-18 ·cited 6×
  The court held that a preliminary injunction was warranted to prevent former employees from soliciting clients and using confidential customer information, as the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, a favorable balance of harms, and tha
• Touchston v. McDERMOTT
  234 F.3d 1130· 11th Cir.· 2000-11-17 ·cited 6×
  Registered voters in Florida challenged the constitutionality of Florida Statute § 102.166(4) governing manual ballot recounts during the 2000 presidential election recount, seeking an injunction to prevent manual recounts and certification of results containing recounts. The Ele
• Anil Bansal v. Lata Bansal
  748 So. 2d 335· Fla. 5th DCA· 1999-12-03 ·cited 6×·via Temporary Injunction
  Anil Bansal appeals from a trial court order granting his wife Lata a temporary injunction restraining him from transferring marital assets and a custody order awarding her sole temporary custody of their two minor children and enjoining him from pursuing a dissolution suit in In