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

• Dep't OF Prof'l Reg. v. Fernandez-Lopez
  407 So. 2d 286· Fla. 3d DCA· 1981-12-08 ·cited 4×
  The Florida Department of Professional Regulation appealed a preliminary injunction that blocked the State Board of Medical Examiners from conducting a disciplinary hearing against a licensed physician. The court reversed, holding that the circuit court lacked jurisdiction becaus
• Prewitt v. United States Postal Serv.
  662 F.2d 311· 5th Cir.· 1981-11-05 ·cited 4×·via Preliminary Injunction Standard
  The court held that a plaintiff claiming handicap discrimination by a federal employer must exhaust administrative remedies before filing suit, and that the district court's denial of a preliminary injunction was proper.
• PAN Am. Computer Corp. v. Data Gen. Corp.
  652 F.2d 215· 1st Cir.· 1981-06-26 ·cited 4×·via Injunction Pendente Lite
  The court held that PACC's assignment of maintenance duties constituted just cause for DGC to terminate the dealership agreement and warranted dissolution of the injunction.
• Downstate Stone Co. v. United States
  651 F.2d 1234· 7th Cir.· 1981-06-19 ·cited 4×
  The court held that the district court abused its discretion by granting a preliminary injunction that enjoined the United States from enforcing criminal statutes related to national forest regulations, as Downstate failed to meet the standards for such an injunction.
• Deanza Corp. v. Vonoflorio
  393 So. 2d 1146· Fla. 4th DCA· 1981-02-04 ·cited 4×·via Temporary Injunction
  Deanza Corporation appealed from a temporary injunction granted by the trial court restraining it from interfering with the Vonoflorios' leasehold interest. The Fourth District reversed, holding that Florida Rule of Civil Procedure 1.610(a) requires that a written complaint be fi
• Halloran v. Pensacola Ass'n OF Life Underwriters, Inc.
  395 So. 2d 554· Fla. 1st DCA· 1981-01-14 ·cited 4×·via Temporary Injunction
  The court held that the appeal is moot because the temporary suspension of membership has expired.
• Seniors United FOR Action v. RAY
  635 F.2d 746· 8th Cir.· 1980-12-31 ·cited 4×
  The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion or erroneous legal premise.
• CPC Int'l, Inc. v. Albury Sales Co.
  504 F. Supp. 549· S.D. Fla.· 1980-12-23 ·cited 4×
  The court granted permanent injunctions and awarded substantial damages, attorney's fees, and costs against defendants for trademark infringement and unfair competition.
• Reed v. O.A. & E., Inc.
  390 So. 2d 487· Fla. 4th DCA· 1980-11-26 ·cited 4×·via Temporary Injunction
  A lease provision granting a privilege to sell beer and wine does not create an exclusive right to do so unless clearly and positively expressed.
• Bowles v. Bennett
  629 F.2d 1092· 5th Cir.· 1980-11-06 ·cited 4×
  The court held that while the denial of the preliminary injunction was proper, the trial court erred in consolidating the preliminary injunction hearing with the trial on the merits without preserving the parties' right to a jury trial on the damages claim.
• Anderson v. Fed. Election Comm'n
  634 F.2d 3· 1st Cir.· 1980-10-24 ·cited 4×·via Preliminary Injunction Standard
  The court held that an injunction was inappropriate due to a lack of factual basis to assess the constitutional claims.
• In the Interest of T. A. A. v. Shoultz
  388 So. 2d 41· Fla. 5th DCA· 1980-09-17 ·cited 4×·via Temporary Injunction
  Appeal dismissed as moot where appellant's sentence was commuted and she was reunited with her child, rendering the dispute over separation during incarceration no longer justiciable.
• City OF Miami v. Rodriguez-Quesada
  388 So. 2d 258· Fla. 3d DCA· 1980-08-26 ·cited 4×·via Temporary Injunction
  The City of Miami appealed a temporary injunction that blocked the abolition of an elected community development board. The court reversed the injunction, holding that a city has the inherent power to modify or abolish an advisory board it created, and that federal community deve
• Pac. Legal Found. v. Costle
  627 F.2d 917· 9th Cir.· 1980-08-12 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding that the district court correctly concluded it lacked jurisdiction over the construction moratorium challenge and that appellants had little chance of success on the merits regarding funding cutoffs.
• Lily G. Harvey & Rosenthal & Co. v. Seevers
  626 F.2d 27· 7th Cir.· 1980-07-14 ·cited 4×
  The court held that the appeal should be dismissed as moot because the hearings had already occurred, and even if not moot, the plaintiffs failed to exhaust administrative remedies.
• Jackson v. Conway
  620 F.2d 680· 8th Cir.· 1980-05-08 ·cited 4×
  The appellate court affirmed the denial of a preliminary injunction, finding the trial court's factual determinations were not clearly erroneous and that temporary injunctive relief was properly denied.
• Organized Fisherman of Florida v. Andrus
  488 F. Supp. 1351· S.D. Fla.· 1980-04-29 ·cited 4×·via Motion For Preliminary Injunction
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of prevailing on the merits or a substantial threat of irreparable injury, thus denying their motion for a preliminary injunction.
• Seminole Park & Fairgrounds, Inc. v. Tropic Bank OF Seminole
  380 So. 2d 1335· Fla. 5th DCA· 1980-03-19 ·cited 4×·via Temporary Injunction
  Seminole Park appealed from an order granting a temporary injunction against a property sale. The court reversed because the trial court violated Florida Rules of Civil Procedure Rule 1.610 by granting the injunction ex parte, without notice to the defendant, without requiring a
• Bloomenthal v. Lavelle
  614 F.2d 1139· 7th Cir.· 1980-02-11 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of success on the merits regarding their equal protection and due process claims.
• United States v. Sch. Dist. OF the City OF Ferndale
  616 F.2d 895· 6th Cir.· 1980-01-30 ·cited 4×
  The court held that the Ferndale School District's decisions to build the Grant School and define its attendance boundaries were clearly erroneous and constituted intentional segregation with continuing segregative effects.
• Burroughs v. Cmtys. Fin. Corp.
  378 So. 2d 790· Fla. 1st DCA· 1979-11-28 ·cited 4×·via Temporary Injunction
  A subdivider's right to withdraw funds from an improvement trust fund without regulatory approval is not clear and undisputed when the estimated cost of completing improvements has been placed in doubt by regulatory action; the Division properly exercised discretion in requiring
• Greenwald v. Robert P. Whalen, M.D.
  609 F.2d 665· 2d Cir.· 1979-11-15 ·cited 4×
  A nursing home proprietor challenging a Medicaid rate reduction is not entitled to a preliminary injunction if they fail to present specific challenges to the factual basis of the rating during the administrative appeal process.
• Dean v. Austin
  602 F.2d 121· 6th Cir.· 1979-07-16 ·cited 4×
  The court held that the appeal is moot because there is no reasonable expectation that the same issues regarding ballot instruction errors will be subjected to the same complaining party in future elections.
• Captain David A. Karlin v. The Honorable Thomas C. Reed
  584 F.2d 365· 10th Cir.· 1978-09-27 ·cited 4×
  The court held that the trial court erred in applying the 'basis in fact' test to military personnel decisions, and that the military's decision to deny an exemption had a sufficient basis and was not arbitrary or irrational.
• Stenberg v. Cheker OIL Co. & Marathon Oil Co.
  573 F.2d 921· 6th Cir.· 1978-04-10 ·cited 4×
  The court held that the preliminary injunction granting ultimate relief and the subsequent contempt order were improperly issued and vacated them.
• Air Line Pilots Ass'n v. Nw. Airlines, Inc.
  570 F.2d 257· 8th Cir.· 1978-01-31 ·cited 4×
  The court held that the dispute over implementing a new nonstop flight service was a minor dispute under the Railway Labor Act, and thus the district court correctly applied the proper principles in denying a preliminary injunction.
• Socialist Workers 1974 Nat'l Campaign Comm. v. Honorable W. Pat Jennings
  567 F.2d 1133· D.C. Cir.· 1977-12-13 ·cited 4×
  The court held that the order clarifying the FEC's procedural methods for compiling a factual record was not a preliminary injunction and therefore not appealable.
• Nat'l City Bank & the Cleveland Tr. Co. v. Honorable Frank J. Battisti
  581 F.2d 565· 6th Cir.· 1977-12-02 ·cited 4×
  The court held that petitions for mandamus or prohibition cannot be used as a substitute for a readily available appeal procedure, but treated the matter as an expedited appeal due to the significant issues involved.
• Staff Sergeant Agustin Correa v. Honorable William Graham Clayton, Jr.
  563 F.2d 396· 9th Cir.· 1977-10-19 ·cited 4×·via Motion For Preliminary Injunction
  The court vacated the denial of injunctive relief and remanded the case to the District Court to consider whether Correa's retirement benefits vested, avoiding constitutional due process and exhaustion issues.
• Interco v. The First Nat'l Bank OF Boston
  560 F.2d 480· 1st Cir.· 1977-08-16 ·cited 4×
  The court held that Interco failed to establish irreparable harm because it had an adequate remedy at law for the bank's alleged wrongful honor of letters of credit.
• Motor Vessels Theresa ANN v. Kreps
  548 F.2d 1382· 9th Cir.· 1977-02-24 ·cited 4×
  The court held that the district court abused its discretion in issuing a preliminary injunction, as the respondents failed to demonstrate a probable resolution favorable to their position or sufficiently serious legal questions.
• Greenspan v. Klein
  550 F.2d 856· 3d Cir.· 1977-02-10 ·cited 4×
  A single district judge lacks jurisdiction to deny a preliminary injunction or abstain in a case requiring a three-judge court under 28 U.S.C. § 2281.
• Hillsboro News Co. v. City OF Tampa
  544 F.2d 860· 5th Cir.· 1977-01-03 ·cited 4×
  The court held that the district court did not abuse its discretion in granting the preliminary injunction.
• Shelton v. Smith
  547 F.2d 768· 2d Cir.· 1976-12-28 ·cited 4×
  Abstention was appropriate because the state statute may be interpreted to require a hearing before parental visiting rights are terminated, thus avoiding federal constitutional questions. The denial of a preliminary injunction is also affirmed.
• Jacobson v. The Organized Crime & Racketeering Section OF the United States Dep't OF Just.
  544 F.2d 637· 2d Cir.· 1976-11-03 ·cited 4×·via Application For Preliminary Injunction
  The court held that the Anti-Injunction Act barred the suit for a preliminary injunction and that the damage claims were legally insufficient.
• Abercrombie v. Lum's, Inc.
  531 F.2d 775· 5th Cir.· 1976-05-17 ·cited 4×·via Preliminary Injunction Standard
  The court held that the district court did not err in denying the motion for preliminary and permanent injunctions because the requested relief was either moot, unnecessary, or lacked a causal connection to the alleged antitrust violations.
• Adams v. Mathews
  536 F.2d 417· D.C. Cir.· 1976-05-07 ·cited 4×
  The WEAL plaintiffs were entitled to intervene in the Adams litigation as of right because their interest in the devotion of HEW resources to Title IX complaints was not represented by existing parties.
• Basin, Inc. v. Fed. Energy Admin. & Frank Zarb
  534 F.2d 324· Temp. Emer. Ct. App.· 1976-04-06 ·cited 4×
  The court vacated the preliminary injunction and remanded the case, finding that subsequent regulatory changes and ongoing reevaluations by the FEA warranted further consideration by the district court.
• Wright v. Chief OF Transit Police
  527 F.2d 1262· 2d Cir.· 1976-01-15 ·cited 4×·via Preliminary Injunction Standard
  The court held that the named defendants, acting in their official capacity, are 'persons' within the meaning of 42 U.S.C. § 1983, and thus the district court has jurisdiction under 28 U.S.C. § 1343(3).
• Harrison v. Ind. Auto Shredders Co.
  528 F.2d 1107· 7th Cir.· 1975-12-31 ·cited 4×
  The dissenting judge agrees that punitive damages were an abuse of discretion but would modify the injunction to allow for potential continued operation under supervision.
• Emhart Corp. v. USM Corp.
  527 F.2d 177· 1st Cir.· 1975-11-07 ·cited 4×
  The court held that the factual findings were insufficient to support barring Emhart's acquisition of USM shares, vacating the preliminary injunction.
• Parents' Comm. OF Pub. Sch. 19 v. The Cmty. Sch. Bd. OF Cmty. Sch. Dist. NO. 14 OF the City OF NEW York
  524 F.2d 1138· 2d Cir.· 1975-08-25 ·cited 4×·via Mandatory Preliminary Injunction
  The court held that the order under appeal, while not a traditional injunction, was appealable under the collateral order doctrine as it required significant expenditure and addressed a novel issue.
• Caldwell v. The United States Dep't OF Hous. & Urban Dev. ["HUD"]
  522 F.2d 4· 4th Cir.· 1975-06-27 ·cited 4×·via Temporary Injunction
  The court affirmed the district court's denial of a temporary injunction and denied the appellants' motion to dismiss the appeal.
• Marston v. Gainesville SUN Publ'g Co., Inc.
  314 So. 2d 257· Fla. 1st DCA· 1975-06-16 ·cited 4×·via Temporary Injunction
  The court held that temporary injunctions were erroneously granted without sufficient grounds, proper notice, or adequate bond.
• Donner v. Margo Donner
  313 So. 2d 456· Fla. 3d DCA· 1975-06-03 ·cited 4×·via Temporary Injunction
  Charles Donner appealed from a temporary injunction order that restrained him from transferring assets or stock in Muncie Construction Corporation during divorce proceedings. The Florida appellate court affirmed the injunction but narrowed its scope to restrain only Donner's indi
• Perry v. ST. Pierre
  518 F.2d 184· 2d Cir.· 1975-05-29 ·cited 4×·via Preliminary Injunction Standard
  The court held that the City Charter section prohibiting police officers from engaging in political activity was not unconstitutional on its face and affirmed the denial of a preliminary injunction.
• Pac. Mar. Ass'n v. Int'l Longshoremen's & Warehousemen's Union
  517 F.2d 1158· 9th Cir.· 1975-05-21 ·cited 4×
  The court held that an arbitrator's decision defining a 'slowdown' and obligating unions to prevent it was enforceable, and that the subsequent court orders were sufficiently specific for contempt findings.
• Bures v. The Houston Symphony Soc'y
  503 F.2d 842· 5th Cir.· 1974-11-11 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable injury.
• Brennan v. Int'l Union OF Dist. 50
  499 F.2d 1051· D.C. Cir.· 1974-06-03 ·cited 4×
  The court held that the District Court did not abuse its discretion by approving a merger referendum before a new election of union officers, and that the referendum's conduct was sufficiently supervised and fair.
• Ballas v. Symm
  494 F.2d 1167· 5th Cir.· 1974-05-24 ·cited 4×
  The court held that the use of a residency questionnaire by a voter registrar to gather information from applicants unknown to the registrar is not impermissible under the federal constitution and statutes.