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

• Hill v. The Prudential Ins. Co. OF Am.
  701 So. 2d 1218· Fla. 1st DCA· 1997-12-01 ·cited 4×·via Temporary Injunction
  The Florida District Court of Appeal reversed a trial court's order granting a temporary injunction that prohibited disclosure of investigative materials compiled by state agencies during a regulatory investigation into Prudential Insurance's sales practices. The court held that
• Daniels v. Sch. Bd. of Brevard Cnty.
  985 F. Supp. 1458· M.D. Fla.· 1997-11-25 ·cited 4×·via Preliminary Injunction Standard
  The court held that disparities in athletic facilities and opportunities between the boys' baseball and girls' softball teams at MIHS violated Title IX and the Florida Educational Equity Act, entitling the plaintiffs to a preliminary injunction.
• Fla. Video Xpress, Inc. v. Orange Cnty.
  983 F. Supp. 1091· M.D. Fla.· 1997-10-24 ·cited 4×
• Arnold v. Commodity Futures Trading Comm'n
  125 F. Supp. 777· S.D. Fla.· 1997-10-21 ·cited 4×
  The district court lacks subject matter jurisdiction to grant the requested injunctive relief because the Commodity Exchange Act vests exclusive review of CFTC orders in the court of appeals.
• Anesthesia Grp. OF Miami, Inc. v. Charles Hyams, M.D.
  693 So. 2d 673· Fla. 3d DCA· 1997-05-07 ·cited 4×·via Temporary Injunction
  The court affirmed the temporary injunction, clarifying that it restrains the enforcement of the non-competition clause in the employment agreement.
• Xavier J. Fernandez, P.A. v. SUN Bank OF Tampa BAY
  670 So. 2d 1106· Fla. 2d DCA· 1996-03-27 ·cited 4×·via Temporary Injunction
  Xavier J. Fernandez, P.A., a non-party to supplementary proceedings to enforce a judgment, appeals a temporary injunction that prohibited asset transfers. The court reversed because the written injunction order was inconsistent with the trial court's oral pronouncement that it wo
• Meditek Therapy, Inc. v. Vat-Tech, Inc.
  658 So. 2d 644· Fla. 2d DCA· 1995-07-28 ·cited 4×·via Temporary Injunction
  MediTek Therapy, Inc., an exclusive distributor, appeals a temporary injunction granted without notice, alleging it breached a confidentiality agreement by allowing Korean representatives to inspect and photograph a patented chiropractic treatment table. The appellate court rever
• Sec. & Exch. Comm'n v. Comcoa Ltd.
  887 F. Supp. 1521· S.D. Fla.· 1995-03-22 ·cited 4×
  The court held that an attorney's transfer of client funds in violation of a temporary restraining order, even if done in good faith belief of ownership, constitutes contempt of court.
• Resorts Mgmt., Inc. v. Olsen
  651 So. 2d 194· Fla. 2d DCA· 1995-02-24 ·cited 4×·via Temporary Injunction
  The court affirmed a temporary injunction restricting fund transfers from a limited partnership by the general partner but reversed the bond amount determination because the trial court improperly denied the defendants an opportunity to present evidence on the bond.
• Taylor v. Searcy Denney Scarola Barnhart & Shipley, P.A.
  651 So. 2d 97· Fla. 4th DCA· 1994-11-30 ·cited 4×·via Temporary Injunction
  The contempt finding and $1,700,000 fine must be reversed because the trial court failed to follow the procedural requirements of Rule 3.840 for indirect criminal contempt proceedings, and even if proper procedures had been followed, the fine was statutorily excessive absent spec
• United States v. Fisher
  22 F.3d 262· 11th Cir.· 1994-06-03 ·cited 4×
  The United States sought a preliminary injunction against maritime salvors (the Fishers) to prevent them from using prop wash deflectors in the Florida Keys National Marine Sanctuary, which destroys seagrass and damages the marine ecosystem. The court held that the Florida Keys S
• Kallman v. Pia Kallman
  623 So. 2d 1213· Fla. 3d DCA· 1993-09-07 ·cited 4×·via Temporary Injunction
  In this child custody appeal, the Florida District Court of Appeal affirmed a trial court's decision to assume jurisdiction over a custody dispute and award temporary custody to the mother, despite the family's residence in Southeast Asia. The court held that while an Indonesian
• Payless Shoesource, Inc. v. Reebok Int'l Ltd. & Reebok Int'l Ltd.
  998 F.2d 985· Fed. Cir.· 1993-07-20 ·cited 4×
  The court held that the district court abused its discretion by failing to adequately consider post-sale confusion for trademark and trade dress claims and by misapplying the Gorham test for design patent infringement.
• Montaner v. BIG Show Prods., S.A.
  620 So. 2d 246· Fla. 3d DCA· 1993-06-22 ·cited 4×·via Temporary Injunction
  The appellate court reversed a temporary injunction against a singer and his manager, finding that Florida courts cannot enforce personal service contracts through injunctions and that the foreign "Amparo" order was obtained in violation of due process standards due to inadequate
• Sec. & Exch. Comm'n v. Quinn
  997 F.2d 287· 7th Cir.· 1993-06-21 ·cited 4×
  A defendant who fails to timely appeal an asset freeze order, which was immediately appealable, forfeits the right to challenge that order on appeal from a subsequent final judgment.
• Weintraub v. Elliot Roth & Elliot Roth, Inc.
  617 So. 2d 1158· Fla. 4th DCA· 1993-05-19 ·cited 4×·via Temporary Injunction
  The court reversed a temporary injunction that restricted an accountant from conducting business at a new location and using his own name in business operations. The court found that the covenant not to compete had been strictly construed and that the appellee failed to prove the
• Harris v. Mut. OF Omaha Cos. & Rural Carrier Benefit Plan
  992 F.2d 706· 7th Cir.· 1993-04-29 ·cited 4×
  The court held that the Office of Personnel Management's (OPM) denial of health insurance coverage for a cancer treatment was not arbitrary and capricious, as the policy's plain language and definitions of 'experimental' and 'reliable evidence' supported the denial.
• Nat'l Fed'n of Fed. Emps. v. Greenberg
  983 F.2d 286· D.C. Cir.· 1993-01-29 ·cited 4×·via Preliminary Injunction Standard
  The court's decision does not displace the Executive's role in national security decision-making.
• Tex. Catastrophe Prop. Ins. Ass'n v. Morales
  975 F.2d 1178· 5th Cir.· 1992-10-28 ·cited 4×·via Preliminary Injunction Requirements
  The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
• Md. Dep't OF Human Res. v. United States Dep't OF Agric.
  976 F.2d 1462· 4th Cir.· 1992-09-15 ·cited 4×
  The court vacated the preliminary injunction, but the concurring opinion argues against basing the decision on the Appropriations Clause.
• A.J. v. Times Publ'g Co.
  605 So. 2d 160· Fla. 2d DCA· 1992-09-11 ·cited 4×·via Temporary Injunction
  The appellate court reversed the dissolution of a temporary injunction, finding that the trial court erred in dissolving it on procedural grounds and should have considered the merits of the injunction regarding child abuse reports.
• Resolution Tr. Corp. for Peoples Heritage Sav. v. Cruce
  972 F.2d 1195· 10th Cir.· 1992-08-17 ·cited 4×
  The court held that the RTC met the "fair ground for litigation" standard for a preliminary injunction, even without showing irreparable injury, due to statutory modifications and that the district court did not abuse its discretion in freezing assets alleged to be fraudulently c
• Christian Knights OF the KU Klux Klan Invisible Empire, Inc. v. Dist. OF Columbia
  972 F.2d 365· D.C. Cir.· 1992-08-14 ·cited 4×
  The court held that a restriction on a public demonstration based on the threat of listeners' violent reaction to the message is content-based and subject to strict scrutiny. However, the government has some leeway to adjust marches for public safety.
• Frame v. S-H, Inc.
  967 F.2d 194· 5th Cir.· 1992-08-05 ·cited 4×
  The court held that the district court did not abuse its discretion in striking the appellant's pleadings and entering a default judgment for extreme discovery abuses, and that findings of fact and conclusions of law were not required for a judgment based on sanctions.
• Phoenix Eng'g, Inc. v. Mk-Ferguson OF OAK Ridge Co., Knoxville Bldg. & Constr. Trades Council, AFL-CIO
  966 F.2d 1513· 6th Cir.· 1992-06-11 ·cited 4×
  The court held that the Project Labor Agreement did not violate the National Labor Relations Act or the Competition in Contracting Act, affirming the dismissal of the plaintiffs' complaint.
• Serv. & Training v. Data Gen. Corp.
  963 F.2d 680· 4th Cir.· 1992-05-06 ·cited 4×
  The court held that while the district court erred in finding MV/ADEX and repair services were not separate products, summary judgment for the defendant was still warranted because the plaintiffs failed to raise a genuine issue of material fact regarding the existence of a tying
• Royal Ins. Co. OF Am. & Royal Lloyds of Tex. v. Quinn-L Cap. Corp.
  960 F.2d 1286· 5th Cir.· 1992-05-05 ·cited 4×
  The court held that the relitigation exception of the Anti-Injunction Act justified enjoining the investors' direct contractual claims, but the aid of jurisdiction exception did not justify enjoining their assignee claims. The court also affirmed ancillary jurisdiction over the c
• Tamiami P'rs, Ltd. v. Miccosukee Tribe of Indians
  788 F. Supp. 566· S.D. Fla.· 1992-03-05 ·cited 4×·via Motion For Preliminary Injunction
  The court held that while it had jurisdiction, it would abstain from exercising it pending exhaustion of tribal remedies, and therefore stayed the federal action.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• Concetta Russo v. Romano
  591 So. 2d 1018· Fla. 3d DCA· 1991-12-24 ·cited 4×·via Temporary Injunction
  Florida appellate court affirmed denial of venue transfer to Broward County in child custody action but reversed temporary injunction prohibiting mother's visitation for failure to state reasons as required by civil procedure rules.
• Cadillac Plastic Grp., Inc. v. Barnett Bank OF Martin Cnty., N.A.
  590 So. 2d 1063· Fla. 4th DCA· 1991-12-18 ·cited 4×·via Temporary Injunction
  A temporary injunction cannot be entered upon motion alone without an initial pleading like a complaint.
• Rolo v. Gen. Dev. Corp.
  949 F.2d 695· 3d Cir.· 1991-11-27 ·cited 4×
  The court held that it lacked appellate jurisdiction over the order staying the class action pending other proceedings but had jurisdiction over the order effectively denying a preliminary injunction, which was an abuse of discretion.
• Am. Nat'l Bank & Tr. Co. OF Chicago Under Tr. Agreement Dated July 12 v. Sec'y OF Hous. & Urban Dev. OF Wash.
  946 F.2d 1286· 7th Cir.· 1991-10-31 ·cited 4×
  The court held that the district court's June 10, 1987 order was a final and appealable judgment because it ended the litigation on the merits and was properly entered as a separate document under Rule 58.
• Elbert Blango v. Thornburgh
  942 F.2d 1487· 10th Cir.· 1991-08-16 ·cited 4×
  The court held that the petitioner's transfer to a federal penitentiary was statutorily and constitutionally valid, and the district court did not err in denying his habeas corpus petition.
• Rigoberto Guerra, Jr. v. Scruggs
  942 F.2d 270· 4th Cir.· 1991-08-09 ·cited 4×
  The court held that a soldier challenging his discharge must exhaust administrative remedies and that the harm from a general discharge under honorable conditions is generally not sufficient to warrant injunctive relief, especially in military cases.
• Kemp v. Peterson
  940 F.2d 110· 4th Cir.· 1991-08-02 ·cited 4×
  The court affirmed the injunction and accounting order but remanded for factual findings regarding the asset freeze. Officers can be held individually liable under the Act.
• Hoosier Penn OIL Co. v. Ashland OIL Co.
  934 F.2d 882· 7th Cir.· 1991-06-13 ·cited 4×
  The court affirmed the denial of a preliminary injunction, holding that the distributor agreement did not constitute a franchise under Indiana law, thus allowing termination without cause.
• MT. Graham RED Squirrel v. Yeutter
  930 F.2d 703· 9th Cir.· 1991-04-09 ·cited 4×·via Preliminary Injunction Standard
  The court held that the district court erred in denying a preliminary injunction motion without an evidentiary hearing, as monitoring program allegations were properly before it and could support an injunction.
• Alfons Walz v. von Schweiger
  575 So. 2d 788· Fla. 3d DCA· 1991-03-12 ·cited 4×·via Temporary Injunction
  The trial court erred in dismissing the quasi-in-rem complaint and dissolving the temporary injunction due to a lack of jurisdiction, as jurisdiction over the funds was established.
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Santana Prods. Co. v. von Korff
  573 So. 2d 1027· Fla. 2d DCA· 1991-02-01 ·cited 4×·via Temporary Injunction
  The court held that a trial court abused its discretion by refusing to enforce a noncompete agreement solely because it lacked a geographic limitation.
• McBRIDE v. Taylor
  924 F.2d 386· 1st Cir.· 1991-01-30 ·cited 4×·via Temporary Injunction
  The court held that FmHA officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights, even if they violated a district court injunction.
• Commonwealth OF Mass. v. United States Nuclear Regulatory Comm'n & United States
  924 F.2d 311· D.C. Cir.· 1991-01-25 ·cited 4×
  The court affirmed the denial of petitions for review of the full power license and most low power issues, but remanded one low power issue for further explanation.
• Oakley, Inc. v. Int'l Tropic-Cal, Inc.
  923 F.2d 167· Fed. Cir.· 1991-01-09 ·cited 4×
  The court vacated the preliminary injunction because the district court's findings of fact were insufficient to support its conclusions on patent infringement and Lanham Act violations, preventing meaningful appellate review.
• JIM Walter Res., Inc. v. Fed. Mine Safety & Health Review Comm'n & the Sec'y of Labor
  920 F.2d 738· 11th Cir.· 1990-12-21 ·cited 4×
  The court held that the "not frivolously brought" standard for temporary reinstatement under the Mine Safety Act, coupled with procedural safeguards, meets due process requirements, and that agencies are not required to defer to arbitrator awards concerning statutory rights.
• Justin Indus., Inc. v. Choctaw Sec., L.P.
  920 F.2d 262· 5th Cir.· 1990-12-18 ·cited 4×·via Preliminary Injunction Requirements
  The court held that the denial of a preliminary injunction was appealable and that the district court erred in its materiality determination, remanding for further proceedings on permanent relief.
• Osem Food Indus. Ltd. v. Sherwood Foods, Inc.
  917 F.2d 161· 4th Cir.· 1990-10-25 ·cited 4×
  The court held that the district court erred in failing to properly consider the presumptions of secondary meaning and likelihood of confusion arising from the defendant's admitted copying of the plaintiff's trade dress.
• Nat'l People's Action v. Vill. OF Wilmette & Fred W. Stoecker
  914 F.2d 1008· 7th Cir.· 1990-10-03 ·cited 4×
  The court held that the district court did not err in granting a preliminary injunction against the Village's fingerprinting requirement for solicitors, finding it likely violated First Amendment free speech rights.
• Southards v. Motel Mgmt. Co.
  567 So. 2d 523· Fla. 3d DCA· 1990-09-25 ·cited 4×·via Temporary Injunction
  Interval owners of a condominium unit who paid their share of property taxes sought a temporary injunction to prevent a tax deed sale after the managing entity failed to pay the majority's delinquent taxes and the tax collector refused to allocate collected funds to protect owner
• Am. Civil Liberties Union of Fla., Inc. v. Florida Bar
  744 F. Supp. 1094· N.D. Fla.· 1990-08-10 ·cited 4×·via Preliminary Injunction Standard
  The court held that Florida Canon 7(B)(1)(c), prohibiting judicial candidates from announcing views on disputed legal or political issues, is likely unconstitutional as it is not narrowly tailored to serve a compelling state interest.