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

• The Miss. Freedom Democratic Party v. The Democratic Party OF the State OF Miss.
  362 F.2d 60· 5th Cir.· 1966-06-06 ·cited 6×
  The court held that the district court did not err in denying a preliminary injunction to postpone primary elections, despite past discrimination, due to the significant disruption such a late postponement would cause.
• United States Fire Ins. Co. v. Brown
  185 So. 2d 11· Fla. 3d DCA· 1966-04-12 ·cited 6×·via Temporary Injunction
  This case involves an insurance company's attempt to halt arbitration proceedings by seeking a temporary injunction, which was denied by the lower court. The appellate court affirmed the denial, finding no abuse of discretion.
• Bhd. OF R.R. Carmen OF Am. v. Chicago & N. W. Ry. Co.
  354 F.2d 786· 8th Cir.· 1965-12-29 ·cited 6×
  The court held that the Railway Labor Act, being more specific and later enacted, prevails over the Norris-LaGuardia Act, allowing for injunctive relief in 'minor disputes' even if they also constitute 'labor disputes' under Norris-LaGuardia.
• Uneeda Doll Co., Inc. v. P & M Doll Co., Inc.
  353 F.2d 788· 2d Cir.· 1965-12-15 ·cited 6×
  The court held that the alleged copying was limited to the abstract idea and did not extend to the tangible expression of the idea, thus not infringing copyright.
• Todd v. Joint Apprenticeship Comm.
  332 F.2d 243· 7th Cir.· 1964-05-26 ·cited 6×
  The court held that the case became moot before the preliminary injunction was entered, requiring vacation of the lower court's orders and dismissal of the complaint.
• McLEOD v. Local 239
  330 F.2d 108· 2d Cir.· 1964-03-30 ·cited 6×·via Temporary Injunction
  The Court held that the General Counsel, not the regional director, has final authority to order the seeking of a temporary injunction, and the regional director's belief is not determinative if the General Counsel directs the petition.
• Bateman v. Ford Motor Co.
  310 F.2d 805· 3d Cir.· 1962-12-13 ·cited 6×
  The dissenting judge would affirm the district court's denial of a preliminary injunction, disagreeing with the majority's reversal.
• Santona-Nervia Corp. v. Publix Mkt., Inc.
  146 So. 2d 394· Fla. 3d DCA· 1962-11-13 ·cited 6×·via Temporary Injunction
  The appellate court affirmed a lower court's order granting a temporary injunction, which was conditioned on the plaintiff posting a $50,000 bond. The court found no abuse of discretion in the bond amount and noted the appellant failed to provide a record of the lower court proce
• Meredith v. Fair
  328 F.2d 586· 5th Cir.· 1962-10-19 ·cited 6×
  The dissenting judges would issue their own injunction as the court's mandate and remand the case to the District Court for enforcement, while retaining contempt proceedings.
• Arrow Transp. Co. v. S. Ry. Co.
  308 F.2d 181· 5th Cir.· 1962-09-07 ·cited 6×·via Motion For Preliminary Injunction
  Federal courts lack jurisdiction to extend the statutory seven-month period of rate suspension set by the Interstate Commerce Commission, as this power is exclusively vested in the ICC.
• Alpha Distrib. Co. OF Cal., Inc. v. Distillery
  304 F.2d 451· 9th Cir.· 1962-06-14 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction.
• Tilda Dronet v. Knowles Tucker
  300 F.2d 559· 5th Cir.· 1962-03-30 ·cited 6×
  The appellate court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the trial court.
• Meyers v. Famous Realty, Inc.
  271 F.2d 811· 2d Cir.· 1959-10-27 ·cited 6×·via Application For Preliminary Injunction
  A non-carrier lessor, by merely leasing its properties to a carrier, does not become a carrier by railroad and is not obligated to operate the lessee's railroad when the lessee obtains an abandonment order.
• Am. Ice Co. v. Royal Petroleum Corp.
  261 F.2d 365· 3d Cir.· 1958-11-20 ·cited 6×
  The court held that the preliminary injunction was largely appropriate to maintain the status quo, but its scope needed modification to exclude former customers and those obtained through competitive bidding.
• Pac. Cage & Screen Co. v. Cont'l Cage Corp.
  259 F.2d 87· 9th Cir.· 1958-02-28 ·cited 6×
  The appeal is dismissed because the record is insufficient to determine the order being appealed and the required bond was not shown to be posted.
• Guerin v. Guerin
  239 F.2d 909· 9th Cir.· 1956-03-28 ·cited 6×
  The court held that the orders allowing disbursement of interpleaded funds and denying rescission were interlocutory and not appealable under 28 U.S.C.A. § 1292, and thus dismissed the appeals.
• Kerotest MFG. Co. v. C-O-Two Fire Equip. Co.
  182 F.2d 773· 3d Cir.· 1950-06-16 ·cited 6×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to restrain prosecution of a related patent suit in another district.
• Griffin v. United States
  168 F.2d 457· 8th Cir.· 1948-06-11 ·cited 6×·via Temporary Injunction
  The court held that the United States has a sufficient interest to maintain a suit to prevent interference with its land use policies, and a county resolution cannot override federal control over federal lands.
• Boston Wool Trade Ass'n v. Snyder
  161 F.2d 648· D.C. Cir.· 1947-05-05 ·cited 6×·via Injunction Pendente Lite
  The court held that the District Court correctly dismissed the action because the exclusive jurisdiction for customs duty disputes lies with the Court of Customs and Patent Appeals.
• Corica v. Ragen
  140 F.2d 496· 7th Cir.· 1944-02-15 ·cited 6×
  The court held that the preliminary injunction was improperly granted because it was overly broad and the plaintiff's right to relief was not sufficiently clear to warrant such an order prior to trial.
• Leavitt v. McBee Co.
  124 F.2d 938· 1st Cir.· 1942-01-13 ·cited 6×
  A preliminary injunction should not be granted without a clear showing of infringement, which requires determining the scope of the patent claim.
• W. Fruit Growers, Inc. v. United States
  124 F.2d 381· 9th Cir.· 1941-12-05 ·cited 6×·via Temporary Injunction
  The court held that the district court's denial of a motion to dismiss was not appealable, and affirmed part of a temporary injunction while reversing another part.
• Wells v. Cochrane
  137 Fla. 241· Fla.· 1939-04-14 ·cited 6×·via Temporary Injunction
  M. G. Wells appealed the denial of a temporary injunction to stop a local option election in Pasco County regarding livestock control. The Florida Supreme Court affirmed the lower court's denial of the injunction, finding no abuse of discretion and the matter moot after the elect
• Sharp v. Bussey
  129 Fla. 775· Fla.· 1937-11-04 ·cited 6×·via Temporary Injunction
  Sharp sought equitable relief against his partnership co-member Bussey, challenging the scope of partnership agreements and alleging breach regarding employment terms. The trial court granted temporary injunctions to preserve mutual rights pending final adjudication, and Sharp ap
• Gideon F. Hendrie v. Hendrie
  118 Fla. 478· Fla.· 1935-02-25 ·cited 6×·via Temporary Injunction
  In this 1935 Florida Supreme Court case, Beatrice Wood Hendrie sought separate maintenance and exclusive possession of marital property against her husband Gideon F. Hendrie and his son Harold R. Hendrie. The court reversed orders granting her relief, finding the trial court lack
• Henderson v. First Tr. & Sav. Bank
  107 Fla. 212· Fla.· 1932-11-14 ·cited 6×·via Injunction Pendente Lite
  The Florida Supreme Court addressed whether an executor can recover a legacy from a legatee when estate assets prove insufficient to pay debts, and whether the executor can also recover additional shares purchased by the legatee with her own funds using a right incidental to the
• J. S. Betts Co. v. S. Ga. Ry. Co.
  69 Fla. 46· Fla.· 1915-01-27 ·cited 6×·via Temporary Injunction
  The Florida Supreme Court affirmed the dissolution of a temporary injunction that sought to compel a railroad company to allow a logging company to operate trains on its tracks under a service contract. The court held that the logging company's multiple material breaches of the c
• Gaines v. Russ
  60 Fla. 317· Fla.· 1910-06-01 ·cited 6×·via Temporary Injunction
  Russ sought to cancel a tenancy agreement signed under alleged duress and void a tax deed, but the Florida Supreme Court held that the County Judge's determination of tenancy was conclusive and the bill stated no equity once tenancy was established.
• Bluthenthal v. Mohlmann
  49 Fla. 275· Fla.· 1905-01-01 ·cited 6×·via Temporary Injunction
  This case concerns a trademark dispute where the court found that the plaintiff's allegations of unfair competition and trademark infringement were sufficient to withstand a demurrer. The court reversed the dismissal of the bill but affirmed the denial of a temporary injunction.
• Armstrong v. The Cnty. of Manatee
  49 Fla. 273· Fla.· 1905-01-01 ·cited 6×
  Resident taxpayers of Manatee County sought to enjoin the county from constructing a jail and jailer's residence claimed to exceed the county's needs and authorized resources. The lower court dismissed the bill based on res judicata and a demurrer, but the Florida Supreme Court r
• Perry v. Wittich
  37 Fla. 237· Fla.· 1896-01-01 ·cited 6×·via Temporary Injunction
  The Pensacola Wharf Company sued W. L. Wittich to enjoin him from constructing buildings and filling in navigable waters between two wharves owned by the company. The court affirmed the dissolution of the temporary injunction due to the complainants' extraordinary delay and lache
• Aquino v. City of Naples
  M.D. Fla.· 2025-06-03 ·cited 5×
  The court held that it would stay the proceedings pending the outcome of a related appeal before the Eleventh Circuit to prevent inconsistent rulings and conserve judicial resources.
• Amnesia Int'l, LLC v. City of Miami Beach
  338 So. 3d 1022· Fla. 3d DCA· 2023-10-25 ·cited 5×·via Temporary Injunction
  A trial court properly denies a temporary injunction when the movant fails to establish all four required elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, irreparable harm absent the injunction, and that the injunction serves
• Sec'y of State Cord Byrd v. Black Voters Matter Capacity Bldg. Inst., Inc.
  339 So. 3d 1070· Fla. 1st DCA· 2022-05-27 ·cited 5×
  The appellate court reviewed a circuit court's decision to vacate a stay on a temporary injunction. The court found the temporary injunction unlawful because it granted affirmative relief rather than preserving the status quo, which is the sole purpose of such injunctions. The ca
• Jackman v. Cebrink-Swartz
  334 So. 3d 653· Fla. 2d DCA· 2021-05-28 ·cited 5×·via Temporary Injunction
  The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×·via Temporary Injunction
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Donoho v. Allen-Rosner
  254 So. 3d 472· Fla. 4th DCA· 2018-08-24 ·cited 5×·via Temporary Injunction
  The court held that the trial court correctly denied the request for a temporary injunction because the appellant failed to establish the necessary elements, including irreparable harm and a substantial likelihood of success on the merits.
• Sammie Invs. v. Strategica Cap. Assocs.
  247 So. 3d 596· Fla. 3d DCA· 2018-05-09 ·cited 5×·via Preliminary Injunction Requirements
  A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
• Pendergraft v. C.H.
  225 So. 3d 420· Fla. 5th DCA· 2017-09-07 ·cited 5×·via Temporary Injunction
  The court affirmed an asset-freezing order in supplementary proceedings but reversed and remanded because the trial court failed to require the appellee to post an injunction bond as mandatorily required by law.
• Niekamp v. Niekamp
  173 So. 3d 1106· Fla. 2d DCA· 2015-08-26 ·cited 5×·via Temporary Injunction
  Larry Niekamp appealed an amended final judgment dissolving his marriage to Susan Niekamp, challenging custody, asset distribution, and support determinations. The Florida Second District Court of Appeal reversed on multiple grounds and remanded, finding the trial court improperl
• Lutsky v. Schoenwetter
  172 So. 3d 534· Fla. 3d DCA· 2015-08-12 ·cited 5×·via Temporary Injunction
  The court held that an order granting a temporary injunction must specify the reasons for its entry and contain clear findings of fact supporting the four elements of an injunction, and that purely monetary injury is not irreparable.
• Planned Parenthood OF Greater Orlando v. MMB Props.
  171 So. 3d 125· Fla. 5th DCA· 2015-05-22 ·cited 5×·via Temporary Injunction
  Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
• Anarkali Boutique, Inc. v. Nahomi Ortiz
  104 So. 3d 1202· Fla. 4th DCA· 2012-12-12 ·cited 5×·via Temporary Injunction
  Anarkali Boutique appealed a circuit court's denial of a temporary injunction against a former worker who allegedly violated a non-compete/non-solicitation agreement. The company argued the court misinterpreted the agreement by finding the non-compete period began running when th
• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×·via Temporary Injunction
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• Grasso v. Grasso
  113 So. 3d 855· Fla. 2d DCA· 2012-03-09 ·cited 5×·via Temporary Injunction
  Margaret and Michelle Grasso appealed a circuit court's order granting their motion to dismiss for lack of jurisdiction and a temporary injunction prohibiting them from disposing of trust assets. The appellate court dismissed the appeal of the dismissal order as non-final and aff
• Fong v. Courvoisier Courts Condo.
  81 So. 3d 562· Fla. 3d DCA· 2012-02-22 ·cited 5×·via Temporary Injunction
  The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
• Reynaldo Garcia v. Dumenigo
  46 So. 3d 1085· Fla. 3d DCA· 2010-10-27 ·cited 5×
  The court held that the trial court abused its discretion by granting a preliminary injunction that went beyond preserving the status quo pending final resolution of the underlying dispute.
• LaROSE v. A.K.
  32 So. 3d 77· Fla. 2d DCA· 2009-07-24 ·cited 5×·via Temporary Injunction
  The University of Tampa and a faculty member appealed an order enforcing a temporary injunction against the university. The appellate court reversed, holding that the enforcement order improperly granted permanent injunctive relief by requiring the university to drop a course fro
• ABC Charters, Inc. v. Bronson
  591 F. Supp. 2d 1272· S.D. Fla.· 2008-10-01 ·cited 5×
  The court held that the Florida Sellers of Travel Act Amendments likely violate the Supremacy Clause and Commerce Clause, and denied the motion to dismiss.
• Gleicher v. Claims Verification Inc.
  908 So. 2d 560· Fla. 4th DCA· 2005-08-10 ·cited 5×
  The Fourth District Court of Appeal dismissed an appeal of a circuit court order that found the plaintiffs entitled to a preliminary injunction but deferred its entry pending a second hearing to determine the scope of the injunction. The court held that the order was not appealab