Suit For Injunction

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

• Porter v. Maule
  160 F.2d 1· 5th Cir.· 1947-02-24 ·cited 16×
  The court held that the case was not suitable for summary judgment because disputed issues of fact regarding compliance and good faith remained, and single damages could be awarded even if treble damages were barred.
• Carter v. Herrin Motor Freight Lines, Inc.
  131 F.2d 557· 5th Cir.· 1942-11-10 ·cited 16×
  The court held that the injunction was improperly granted because the plaintiff failed to demonstrate compliance with the Norris-LaGuardia Act's requirements regarding reasonable efforts to settle the labor dispute and the inability or unwillingness of local authorities to provid
• Gamble v. Hamilton
  31 Fla. 401· Fla.· 1893-01-01 ·cited 16×
  In this 1893 Florida case, the executor of L. B. Branch's estate appealed a decree voiding a tax deed obtained by Branch in 1875. The court held that Branch, acting as Howse's agent for tax payment, committed fraud by purchasing land at a tax sale without Howse's knowledge, but t
• First State Sav. Bank of Morenci v. Little River Drainage Dist.
  122 Fla. 304· Fla.· 1935-12-27 ·cited 15×
  The Florida Supreme Court reversed a lower court's denial of an injunction that would prevent a drainage district from accepting bonds and interest coupons in payment of taxes owed to the district. The court held that where bonds are payable in money, the legislature cannot autho
• James M.P. D'Amico v. Schweiker
  698 F.2d 903· 7th Cir.· 1983-02-03 ·cited 14×
  Administrative law judges lack standing to sue to enjoin an instruction that alters their adjudicative discretion regarding the date of cessation of disability benefits, as they are not the proper parties to challenge such a policy.
• United States v. Houston H. Feaster
  376 F.2d 147· 5th Cir.· 1967-03-29 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing to issue a preliminary injunction, as the issue of carrier status requires a full hearing on the merits.
• Finchum v. Finchum and Frances Finchum
  194 So. 2d 49· Fla. 4th DCA· 1966-12-30 ·cited 14×
  Lot owners in a subdivision sued to enjoin the construction and use of commercial buildings, seeking a mandatory injunction to have the buildings removed or converted to residential use, based on restrictive covenants recorded on the plat.
• Covington v. Edwards
  264 F.2d 780· 4th Cir.· 1959-03-19 ·cited 14×
  The court held that the plaintiffs failed to exhaust their administrative remedies under North Carolina law before seeking federal injunctive relief for school desegregation.
• Town OF Hialeah Gardens v. Hebraica Cmty. Ctr., Inc.
  309 So. 2d 212· Fla. 3d DCA· 1975-03-11 ·cited 13×
  The Town of Hialeah Gardens appealed a trial court's order granting a petition for writ of certiorari that directed the town to rezone property for a community center club complex. The appellate court reversed, holding that the trial court improperly ordered rezoning based on the
• Fid. Tr. Co. v. Bd. of Educ. of City of Chicago
  174 F.2d 642· 7th Cir.· 1949-05-19 ·cited 12×
  The court held that the District Court's order vacating a prior interlocutory decree was itself interlocutory and therefore not appealable. The appeal must be dismissed for lack of jurisdiction.
• Aull v. Lidepa Corp. & E. B. Leatherman
  118 Fla. 408· Fla.· 1935-02-11 ·cited 12×
  Jerome Aull sought to enjoin the issuance of a tax deed on his Coral Gables property, alleging the tax assessment was unconstitutional and discriminatory because vacant lots were assessed at grossly excessive rates while improved properties were substantially undervalued. The Flo
• United States v. Lemaire
  826 F.2d 387· 5th Cir.· 1987-09-09 ·cited 10×
  The court held that 'final judgment' under 12 U.S.C. § 91 means a judgment no longer subject to appeal, not merely a trial court's judgment on the merits.
• Local Union 13410 v. United Mine Workers of Am.
  475 F.2d 906· D.C. Cir.· 1973-01-05 ·cited 10×
  A labor union's imposition of a trusteeship without a prior hearing is invalid unless an emergency situation reasonably necessitates immediate action, and even then, a hearing must be scheduled promptly thereafter. The disaffiliation vote is valid, and the union is entitled to da
• United States v. Houston H. Feaster
  330 F.2d 671· 5th Cir.· 1964-04-20 ·cited 10×
  The court held that the National Mediation Board has a right to access carrier records to determine employee status for representation disputes, and this right is enforceable by injunction even without explicit statutory authorization for such suits or subpoena power.
• Dyer v. Sec. & Exch. Comm'n
  291 F.2d 774· 8th Cir.· 1961-06-30 ·cited 10×
  The Court of Appeals held that while Dyer violated the SEC's order by mailing a postcard that constituted proxy solicitation, the broad injunction against him was not warranted due to a lack of demonstrated future violation risk. The dismissal of his counterclaim was affirmed.
• Ogelean Riddick & Suncoast Beauty Sch. of Fla., Inc. v. Suncoast Beauty Coll., Inc.
  570 So. 2d 1064· Fla. 2d DCA· 1990-11-28 ·cited 8×
  The court reversed a permanent injunction granted against former beauty school owner Ogelean Riddick for allegedly violating a covenant not to compete. The injunction was improper because it named defendants over whom the court lacked personal jurisdiction and because it prematur
• Portland Police Ass'n & Stan Peters v. The City OF Portland
  658 F.2d 1272· 9th Cir.· 1981-09-23 ·cited 8×
  The court held that the complaint does not present a justiciable controversy because the alleged injury is too speculative and conjectural.
• Local 13, Int'l Fed'n OF Prof'l & Tech. Eng'rs, AFL-CIO v. Gen. Elec. Co.
  531 F.2d 1178· 3d Cir.· 1976-02-18 ·cited 8×
  The court held that the collective bargaining agreement explicitly excluded disputes over the assignment of work from arbitration, notwithstanding other provisions that might be implicated.
• City OF N. Miami Beach v. Metro. Dade Cnty.
  317 So. 2d 110· Fla. 3d DCA· 1975-07-08 ·cited 8×
  Metropolitan Dade County has the statutory authority to temporarily ban further connections to a municipally-operated water system within its jurisdiction.
• Goldberg v. Mathews
  303 F.2d 814· 5th Cir.· 1962-06-22 ·cited 8×
  The court affirmed the denial of an injunction, finding that while violations occurred, the defendants' compliance during the extended continuance period made an injunction inappropriate.
• Dowdy v. Procter & Gamble Mfg. Co.
  267 F.2d 827· 5th Cir.· 1959-06-23 ·cited 8×
  The court held that the trial court erred in dismissing the complaint for failure to state a claim under Rule 8(a) and in denying leave to amend under Rule 15(a).
• Texas-Miller HAT Corp. v. Switzer Bros., Inc.
  201 F.2d 824· 5th Cir.· 1953-02-13 ·cited 8×
  The dissenting judge believes the patents in question are valid and infringed, and that the decree should be affirmed.
• Stephens v. Stephens
  87 Fla. 466· Fla.· 1924-05-14 ·cited 8×
  Lillian A. Stephens sought a mandatory injunction to recover a home purchased with her separate funds but titled in her ex-husband Henry J. Stephens's name due to inadvertence. The Florida Supreme Court reversed the trial court's grant of a preliminary mandatory injunction, holdi
• Leonilla Baker v. McKinney
  54 Fla. 495· Fla.· 1907-06-01 ·cited 8×
  A married woman, Leonilla Baker, sought an injunction to prevent L. M. McKinney from trespassing on her timbered land by removing turpentine after his lease expired on January 1, 1907. The Florida Supreme Court affirmed the denial of the temporary injunction, holding that Baker's
• Burroughs v. Wallingford
  780 F.2d 502· 5th Cir.· 1986-01-13 ·cited 6×
  The court held that employees complying with IRS tax levies are immune from liability, and the appeal based on meritless arguments against income tax laws is frivolous.
• Truckee-Carson Irrigation Dist. v. Sec'y OF Dep't OF Interior
  742 F.2d 527· 9th Cir.· 1984-09-10 ·cited 6×
  The court held that TCID's claim of a property right in water was unfounded, and the Secretary properly terminated its contract for violating operating criteria, without violating due process.
• Hoffmaster v. Veterans Admin.
  444 F.2d 192· 3d Cir.· 1971-06-21 ·cited 6×
  The court held that the statute limiting attorney fees for veteran claims and barring judicial review of VA decisions were constitutional and applicable, requiring dismissal of the suit.
• Allied OIL Workers Union v. Ethyl Corp.
  341 F.2d 47· 5th Cir.· 1965-01-08 ·cited 6×
  The court held that while the union failed to state a claim for judicial intervention to compel arbitration, the company did not have an unfettered right to compel overtime work under the collective bargaining agreement.
• Whitmore v. Stilwell
  227 F.2d 187· 5th Cir.· 1955-11-23 ·cited 6×
  The court held that the lower court erred in dismissing the suit, finding that plaintiffs are entitled to have their admission eligibility determined without racial discrimination and that the college's refusal to admit them based on race is unlawful.
• Applebaum v. Appel
  82 So. 2d 738· Fla.· 1955-07-22 ·cited 6×
• State of Cal. v. United States Dist. Court in & for S. Dist. of Cal.
  213 F.2d 818· 9th Cir.· 1954-06-03 ·cited 6×
  The court held that the circumstances did not warrant the issuance of extraordinary writs (prohibition or mandamus) to annul the district court's order joining the United States as a party or to dismiss actions against other petitioners.
• The City of Jacksonville v. Dorman
  13 Fla. 390· Fla.· 1869-01-01 ·cited 6×
  This case concerns whether an injunction was properly granted before a lawsuit was officially commenced. The court found that the injunction was improperly issued because the underlying lawsuit had not yet been filed, and therefore the court lacked jurisdiction.
• Strader v. Oakley
  410 So. 2d 954· Fla. 1st DCA· 1982-02-18 ·cited 5×
  The court held that the trial court correctly interpreted the restrictive covenant to prohibit duplexes and correctly denied attorney's fees as there was no express contractual basis for their award.
• E. Fla. Tel. Co. v. Seaboard Air Line Ry. Co.
  85 Fla. 378· Fla.· 1923-04-07 ·cited 5×
  The court considered whether a railroad company could obtain a mandatory injunction to remove a telephone company's poles and wires from its right-of-way after the telephone company had already constructed them without consent or compensation. The court held that a mandatory inju
• Winborne v. Hughey
  44 Fla. 739· Fla.· 1902-06-01 ·cited 5×
  Appellants Winborne and Camp Manufacturing Company appealed interlocutory orders granting and refusing to dissolve an injunction in a bill filed by appellee Hughey. The Supreme Court affirmed a related circuit court decree that canceled Hughey's tax deed as a cloud on appellants'
• United States v. Montgomery
  778 F.2d 222· 5th Cir.· 1985-12-11 ·cited 4×
  The court held that the appeal from the original judgment was untimely and that the motion for a new trial was properly denied as untimely, thus affirming the lower court's decisions.
• Chas. S. Winner, Inc. v. Teamsters Local Union NO. 115
  777 F.2d 861· 3d Cir.· 1985-12-04 ·cited 4×
  The court held that the determination of whether a union is a successor employer is a matter for the National Labor Relations Board, not an arbitrator or a district court, and thus the employer is not bound to arbitrate the successorship issue.
• General Drivers v. Pub. Serv. Co. OF Ind., Inc.
  705 F.2d 238· 7th Cir.· 1983-04-13 ·cited 4×
  Public Service Company of Indiana (PSI) had no obligation to arbitrate grievances filed by Teamsters Local Union No. 89 (Local 89) because PSI was designated as the 'Owner' in the Project Agreement and not an 'Employer' with a duty to arbitrate, nor was it a joint employer with C
• State v. Henely
  41 Fla. Supp. 190· Sarasota Cty. Cir. Ct.· 1975-01-10 ·cited 4×
  The court held that the mobile home park rule requiring removal of an eight-foot-wide mobile home upon sale was not unlawful under Fla. Stat. § 83.71, as the removal was not based solely on the sale but also on the home's width.
• Vasilj v. Local Bd. NO. 134
  422 F.2d 861· 9th Cir.· 1969-12-22 ·cited 4×
  The court held that the district court correctly found it lacked jurisdiction to review the registrant's classification, as the statute prohibits judicial review except in defense to a criminal prosecution.
• Onesephor Broussard v. The Houston Indep. Sch. Dist.
  395 F.2d 817· 5th Cir.· 1968-05-30 ·cited 4×
  The court held that the school district's construction program, even if resulting in de facto segregation, did not violate constitutional rights when based on legitimate factors like student need and convenience, and when administered under a valid freedom of choice plan.
• Suni-Citrus Prods. Co. v. Vincent
  170 F.2d 850· 5th Cir.· 1948-11-19 ·cited 4×
  The court held that the plaintiff's suit and the defendants' counterclaim for declaratory judgment were both premature because the trust and license agreements had not been fully executed and made effective.
• United States v. Turner Dairy Co.
  166 F.2d 1· 7th Cir.· 1948-02-18 ·cited 4×
  A district court in an enforcement action cannot rule on the validity of an order if the handler has not first pursued administrative remedies with the Secretary of Agriculture.
• Aerated Prods. Co. of Philadelphia v. Dep't of Health of N.J.
  159 F.2d 851· 3d Cir.· 1947-02-14 ·cited 4×
  The court affirmed the dismissal of the suit against the Department of Health based on the Eleventh Amendment and affirmed the judgment for Mahaffey, finding no action taken or threatened that would justify an injunction.
• Roof v. Conway
  133 F.2d 819· 6th Cir.· 1943-02-10 ·cited 4×
  A federal court receiver may bring an ancillary suit to enjoin parties from attacking the validity of rights and contracts related to a subsidiary corporation, especially when the subsidiary is deemed an instrumentality of the receivership estate.
• Garriga v. Reid Lumber Co.
  97 Fla. 321· Fla.· 1929-03-05 ·cited 4×
  This case involves a dispute over a timber sale contract. The appellate court reversed a lower court's decision to grant a temporary injunction, finding that the plaintiff failed to demonstrate irreparable harm or lack of an adequate remedy at law.
• Dade Cnty. v. Kerce
  137 Fla. 194· Fla.· 1938-10-05 ·cited 3×
  Dade County sought to dissolve an injunction that restrained distribution of state gasoline tax funds under Chapter 17974, Acts of 1937. The Florida Supreme Court, evenly divided with three justices favoring affirmance and three favoring reversal, affirmed the lower court's denia
• Bechtol v. Lee
  129 Fla. 374· Fla.· 1937-09-30 ·cited 3×
  Slot machine owner challenges seizure of machines under a 1937 state law that prohibited possession of slot machines effective October 1, 1937, claiming he was denied reasonable time to remove them despite having licensed them under a prior 1935 law through September 30, 1937. Th
• Kearley v. Crawford
  112 Fla. 43· Fla.· 1933-09-21 ·cited 3×
  This case addresses whether residuary legatees and trustees of Martha E. Walton's estate could enjoin the sheriff's sale of property levied under a judgment against Thomas E. Walton, one of the estate's beneficiaries who had renounced his devise and heirship rights shortly before
• Farmer Frank Tappin, Jr. v. Bastrop Loan Co., Inc.
  610 F.2d 283· 5th Cir.· 1980-01-23 ·cited 2×
  The court held that the 1975 agreement to pay attorney fees in installments constituted a new extension of credit requiring Truth-in-Lending Act disclosures, entitling the Tappins to rescission of that agreement and statutory damages.