Suit For Injunction

133 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lakeland Ideal Farm & Drainage Dist. v. Mitchell
  97 Fla. 890· Fla.· 1929-05-24 ·cited 78×
  The Florida Supreme Court reversed the lower court's overruling of a demurrer in a trespass and injunction case, holding that an action for continuing trespass to real estate involving title determination is local in nature and must be brought in the county where the land is loca
• DE Masters v. Egon D. Arend and Mela K. Arend
  313 F.2d 79· 9th Cir.· 1963-01-24 ·cited 70×
  While district courts have jurisdiction to enjoin IRS investigations, the court here erred in enjoining the investigation because the IRS agents acted within their statutory authority and their decision to investigate was not arbitrary, even though the statute of limitations had
• Taylor v. Fla. E. Coast Ry. Co.
  54 Fla. 635· Fla.· 1907-06-01 ·cited 68×
  The Florida Supreme Court reversed a trial court's dismissal of a bill for specific performance of a railroad contract, holding that the Florida East Coast Railway's agreement to maintain a spur track and depot near the Taylors' hotel and operate passenger trains thereon is enfor
• Ranger Realty Co. v. Miller
  102 Fla. 378· Fla.· 1931-07-07 ·cited 63×
  The Florida Supreme Court reversed a lower court decision that allowed a taxpayer suit challenging the City of Fort Lauderdale's sale of tax certificates at a 25% discount. The Court held that municipalities have the incidental power to sell past-due tax certificates for less tha
• Doyle E. Carlton v. Mathews
  103 Fla. 301· Fla.· 1931-10-28 ·cited 62×
  The Florida Supreme Court upheld the constitutionality of House Bill 65X (Chapter 15659, Acts of 1931), which levied a "Second Gas Tax" on gasoline and petroleum products. The court rejected a taxpayer's challenge claiming the tax was an unconstitutional attempt to use state reve
• Voorhees v. The City of Miami
  145 Fla. 402· Fla.· 1940-12-20 ·cited 56×
  A Miami taxpayer and firefighter challenged the City's 1939 ordinance establishing a new retirement and pension system for all municipal employees, arguing it was unauthorized, violated the prior police and fire pension law, and improperly required employee contributions. The Flo
• Shore Inv. Co. v. Hotel Trinidad, Inc.
  158 Fla. 682· Fla.· 1947-04-01 ·cited 53×
  In this commercial lease dispute, the Florida Supreme Court reversed an equity court's injunction that had restrained a lessor from recovering possession after the lessee demolished the leasehold improvements without first executing a required construction contract. The court hel
• Agric. Transp. Ass'n of Tex. v. King
  349 F.2d 873· 5th Cir.· 1965-08-13 ·cited 52×
  The court held that the Interstate Commerce Commission (ICC) should have primary jurisdiction to determine whether the Agricultural Transportation Association's (ATA) lease arrangements with owner-drivers meet the federal exemption for motor vehicles controlled and operated by ag
• Citizens State Bank v. Jones
  100 Fla. 1492· Fla.· 1930-12-16 ·cited 52×
  The Florida Supreme Court reversed a permanent injunction that prevented Citizens State Bank from paying out a $580.50 deposit belonging to Henry Martin pending resolution of a breach of warranty suit. The court held that while purchase-price payments are not exempt from executio
• The Bd. of Cnty. Comm'rs of Pinellas Cnty. v. Herrick
  123 Fla. 619· Fla.· 1936-01-01 ·cited 48×
  Pinellas County taxpayer Herrick challenged the Board of County Commissioners' resolution authorizing $179,000 in water revenue certificates as unconstitutional bonds requiring voter approval. The Florida Supreme Court held the revenue certificates are self-liquidating debentures
• The Fla. E. Coast Ry. Co. v. The City of Miami
  76 Fla. 277· Fla.· 1918-08-13 ·cited 44×
  The Florida Supreme Court held that a city may contractually obligate itself to pay for the operation of a railroad crossing in exchange for valuable consideration (the right to extend a street across railroad property), and such an obligation does not constitute an unconstitutio
• Clark v. Kreidt
  145 Fla. 1· Fla.· 1940-06-04 ·cited 43×
  A vessel owner who owns his own private dock in the Port of Miami challenged harbor master fees imposed on his vessel when it departed the port, arguing the fees were invalid because he did not use port facilities or services. The Florida Supreme Court reversed the lower court's
• W. Yellow Pine Co. v. Sinclair
  83 Fla. 118· Fla.· 1922-01-27 ·cited 41×
  West Yellow Pine Company appeals from a decree construing a timber deed, specifically interpreting when the grantee's "cutting privilege" becomes exhausted. The court upheld the lower court's holding that the grantee's rights are exhausted once a tract is "once cut over" in the o
• Couture v. The Cnty. of Dade by J. W. Carey
  93 Fla. 342· Fla.· 1927-02-26 ·cited 40×
  The Florida Supreme Court reversed an injunction issued by Dade County to prevent landowners from obstructing the Ocean Beach Road, holding that the road was not a public highway because it lacked the elements required to establish public highway status, particularly adverse use
• Ebeling v. Woods
  175 F.2d 242· 8th Cir.· 1949-06-10 ·cited 38×
  The court held that the Administrator could seek restitution for rent overcharges under the Emergency Price Control Act even after its expiration, as the Act's saving clause preserved such rights.
• The Guinness-Harp Corp. v. JOS. Schlitz Brewing Co.
  613 F.2d 468· 2d Cir.· 1980-01-21 ·cited 34×
  The court held that the agreement's status quo provision, interpreted as part of the arbitration obligation, is enforceable by injunction to maintain the distributorship pending arbitration.
• Armstrong v. Armstrong
  508 F.2d 348· 1st Cir.· 1974-12-27 ·cited 34×
  Federal courts should abstain from hearing cases related to divorce and alimony, even if they involve contract or property disputes, due to comity and sound federal policy.
• G & N Constr. Co. v. Sergi V. Kirpatovsky and Nona J. Kirpatovsky
  181 So. 2d 664· Fla. 3d DCA· 1966-01-04 ·cited 34×
  A party is not required to submit to arbitration any question which it has not agreed to submit, and arbitration agreements are strictly construed.
• Jacksonville Blow Pipe Co. v. Reconstr. Fin. Corp.
  244 F.2d 394· 5th Cir.· 1957-04-26 ·cited 34×
  The dissenting judge believes federal courts should not interfere with state court proceedings concerning property title after bankruptcy sales.
• The State OF Tex. v. Reuben Pankey
  441 F.2d 236· 10th Cir.· 1971-02-08 ·cited 33×
  A state's suit seeking protection from transboundary environmental pollution, based on federal common law, arises under the laws of the United States and is within the jurisdiction of federal district courts under 28 U.S.C. § 1331(a), regardless of the state's party status.
• Appalachian Elec. Power Co. v. Smith
  67 F.2d 451· 4th Cir.· 1933-10-03 ·cited 33×
  The Supreme Court held that the lower court erred in taking jurisdiction and rendering a decree on the merits. The suit was reversed and remanded with directions to dismiss for lack of jurisdiction. The Court found that the suit could not be sustained either as a suit to enjoin u
• Tatum v. Blackstock
  319 F.2d 397· 5th Cir.· 1963-06-25 ·cited 32×
  The court held that the trial court did not abuse its discretion in granting a preliminary injunction, deferring to the Corps of Engineers for the initial determination of whether a permit was required for construction activities on a tidal flat affecting navigable waters.
• Bach v. Friden Calculating Mach. Co., Inc.
  155 F.2d 361· 6th Cir.· 1946-05-13 ·cited 32×
  The court held that while a valid contract may have existed, equity cannot grant specific performance or an injunction due to the indefinite and interdependent nature of the obligations requiring continuous court supervision.
• Speten v. Bowles
  146 F.2d 602· 8th Cir.· 1945-01-17 ·cited 32×
  The court held that farming is a trade or business under the Act and that civil penalties for statutory violations are constitutional. The case is remanded for a determination of damages under an amended statute.
• City OF Tampa v. Consol. BOX Co., Inc.
  110 So. 2d 446· Fla. 2d DCA· 1959-04-03 ·cited 30×
  The City of Tampa appealed a court order declaring its C-1 zoning of Consolidated Box Company's property unreasonable and invalid, and rezoning it to C-2. The appellate court affirmed the finding that C-1 was arbitrary and unreasonable but reversed the court's rezoning authority,
• City OF Manchester v. Leiby
  117 F.2d 661· 1st Cir.· 1941-02-17 ·cited 30×
  A municipal ordinance requiring street vendors of literature to obtain a badge for identification, without any element of prior censorship, is a reasonable police regulation that does not unconstitutionally infringe upon freedom of speech, press, or religion.
• Fla. E. Coast Fruit Land Co. v. Mitchell
  80 Fla. 291· Fla.· 1920-07-13 ·cited 28×
  Florida East Coast Fruit Land Company challenged a tax sale certificate for property assessed under a vague and uncertain description that included lands belonging to multiple owners. The Florida Supreme Court reversed the trial court's dismissal, holding that the defective asses
• High v. Jasper Mfg. Co.
  57 Fla. 437· Fla.· 1909-01-01 ·cited 28×
  John High sought an injunction to prevent Jasper Manufacturing Company and B. G. Smith from cutting timber High claimed to own via a deed from C. A. Register. The Florida Supreme Court affirmed the trial court's dissolution of the temporary injunction, holding that Register's con
• Parker v. The Evening News Publ'g Co.
  54 Fla. 544· Fla.· 1907-06-01 ·cited 28×
  The Evening News Publishing Company sought to enjoin Hillsborough County commissioners from designating another newspaper for public printing after the commissioners reconsidered their initial selection of the Evening News. The Florida Supreme Court held that a mere designation o
• Mason Lumber Co. v. Lee
  126 Fla. 371· Fla.· 1936-12-01 ·cited 27×
  Mason Lumber Company appealed a trial court decision denying an injunction against a 1935 Florida gross receipts tax on retail lumber sales, but granting an injunction against application of the tax to bulk sales of materials to construction contractors. The Florida Supreme Court
• Crump v. Gold House Rests., Inc.
  96 So. 2d 215· Fla.· 1957-06-28 ·cited 26×
  This appeal concerns the applicability of the "two-dismissal" rule to a suit filed by George M. Crump, where the lower court held the suit barred under the rule based on prior dismissals by a different plaintiff, Crowder.
• City OF Miami v. Benson
  63 So. 2d 916· Fla.· 1953-03-24 ·cited 25×
  The Florida Supreme Court held that a contract between the City of Miami and The First Boston Corporation, whereby the corporation served as the city's financial advisor for municipal bonds while simultaneously attempting to purchase those bonds, violated public policy and was vo
• Boothby v. Gulf Props. of Ala.
  40 So. 2d 117· Fla.· 1948-10-08 ·cited 25×
  Homeowners in the Laguna Beach subdivision sought an injunction to prevent Gulf Properties of Alabama from subdividing and selling beachfront property that the developer had represented and marked on original plats as "Beach Reserved" for public use. The Florida Supreme Court rev
• Baggott v. Otis
  65 Fla. 447· Fla.· 1913-05-20 ·cited 25×
  This case involves a dispute over land ownership and timber rights. The appellate court affirmed the lower court's decision to grant a perpetual injunction against the defendants, finding that the complainants had sufficiently proven their ownership of the land.
• United States v. Tulare Lake Canal Co.
  535 F.2d 1093· 9th Cir.· 1976-04-05 ·cited 24×
  The court held that the government's actions and the nature of the reclamation project did not alter the statutory requirements for landowners of excess lands.
• Potomac Passengers Ass'n v. Chesapeake & Ohio Ry. Co. & Baltimore & Ohio R.R. Co.
  475 F.2d 325· D.C. Cir.· 1973-01-05 ·cited 24×
  Injured and aggrieved parties have standing to seek injunctions against violations of the Rail Passenger Service Act, despite the Act's specific provisions for the Attorney General and employees.
• Huard-Steinheiser, Inc. v. Henry
  280 F.2d 79· 6th Cir.· 1960-06-17 ·cited 24×
  The court held that the district court did not abuse its discretion in refusing to grant a temporary injunction to restrain the enforcement of demand letters requiring information reports on sales of sugar, rye, and cracked corn.
• Lapides v. United States
  215 F.2d 253· 2d Cir.· 1954-07-13 ·cited 24×
  The court held that the dismissal of the appellant's motion to suppress evidence was proper because the voluntary disclosure was not timely, as a federal tax investigation had already commenced.
• E. N. Holt as Tax Collector of Clay Cnty. v. Hillman-Sutherland Co.
  56 Fla. 801· Fla.· 1908-06-01 ·cited 24×
  This case involves an appeal from two interlocutory orders: one granting a temporary injunction and the other overruling a demurrer. The appellate court affirmed both orders, finding the bill of complaint had sufficient equity to withstand the demurrer and that no abuse of discre
• Lloyd v. Patterson
  242 F.2d 742· 5th Cir.· 1957-04-03 ·cited 22×
  The court held that the taxpayer's claimed financial hardship did not constitute extraordinary circumstances to overcome the statutory prohibition against enjoining tax collection.
• Div. 525 v. Gorman
  133 F.2d 273· 8th Cir.· 1943-02-08 ·cited 22×
  The court held that the trial court had jurisdiction and correctly found that the contract had been legally cancelled, affirming the dismissal of the plaintiffs' suit.
• Blinder v. United States Sec. & Exch. Comm'n
  748 F.2d 1415· 10th Cir.· 1984-11-27 ·cited 20×
  The court held that the district court's dismissal of the injunction suit was proper because the underlying investigation order had terminated, rendering the claims moot. The denial of the Rule 60(b) motion was also affirmed, as counsel's tactical decisions at trial were binding
• United States v. Potomac News Co.
  373 F.2d 635· 4th Cir.· 1967-02-16 ·cited 20×
  The court held that the statute authorizing seizure of obscene materials is constitutional and that the magazine in question was properly found to be obscene, with no procedural errors occurring.
• H. W. Metcalf Co. v. Martin
  54 Fla. 531· Fla.· 1907-06-01 ·cited 19×
  H. W. Metcalf Company sought injunctive relief to prevent a tax collector from seizing bar fixtures due to a dispute over whether the company operated one or two places of business for licensing purposes. The Florida Supreme Court affirmed dismissal of the bill, holding that equi
• A. B. A. Indus., Inc. v. City OF Pinellas Park
  366 So. 2d 761· Fla.· 1979-01-11 ·cited 18×
  The Florida Supreme Court affirmed the trial court's declaration that Section 171.0413(5) of the Florida Statutes, which governs municipal annexation of contiguous unincorporated territory, is unconstitutionally vague and ambiguous. The court held that the statute's key terms fai
• Standard OIL Co. OF Tex. v. Lopeno GAS Co.
  240 F.2d 504· 5th Cir.· 1957-01-16 ·cited 18×
  A contract for the sale of gas, even if lacking initial mutuality, can be enforced if there has been part performance, and the contract language is clear and unambiguous regarding its scope, even if subsequent events make the bargain appear harsh.
• Pigott v. Detroit
  221 F.2d 736· 6th Cir.· 1955-03-04 ·cited 18×
  The dissenting judge believes the majority erred by upholding a decision from a biased tribunal, arguing the district court should determine if the union falls under statutory protections.
• Johnson v. Stevenson
  170 F.2d 108· 5th Cir.· 1948-10-07 ·cited 18×
  A federal district court lacks jurisdiction to grant equitable relief in a state-run primary election dispute for a federal office, even if fraud is alleged.
• Armstrong v. Alliance Tr. Co.
  126 F.2d 164· 5th Cir.· 1942-02-26 ·cited 17×
  The court held that a federal question must be essential to the plaintiff's cause of action and appear on the face of the complaint to support removal jurisdiction, and that ancillary jurisdiction fails if the basis for removal jurisdiction is absent.
• Florencio Merced Rosa v. Blas C. Herrero, Jr.
  423 F.2d 591· 1st Cir.· 1970-03-25 ·cited 16×
  The court held that the plaintiff's claim for a declaratory judgment and injunction was moot due to the government's dismissal of his indictment, and that he lacked standing to seek such relief.