Temporary Injunction

1,006 Florida cases classified under this topic, plus 229 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dania JAI Alai Int'l, Inc. v. Murua
  375 So. 2d 57· Fla. 4th DCA· 1979-09-26 ·cited 43×·via Temporary Mandatory Injunction
  A professional jai alai player sought reinstatement after being fired, obtaining a temporary mandatory injunction requiring his immediate reinstatement with back pay. The appellate court reversed, holding that breach of an employment contract does not ordinarily justify mandatory
• Smith v. Hous. Auth. of the City of Daytona Beach
  148 Fla. 195· Fla.· 1941-09-24 ·cited 43×·via Temporary Injunction Requirements
  The Florida Supreme Court reversed a permanent injunction granted by a lower court that exempted a housing authority's property from taxation. The court held that the injunction was improperly granted due to procedural defects (lack of process and pleadings) and substantive defic
• Gwynn v. Cary A. Hardee as Governor of the State of Fla.
  92 Fla. 543· Fla.· 1926-08-05 ·cited 43×
  Harry Gwynn sought a temporary injunction to restrain state officials from enforcing contracts that allegedly violated Florida's school textbook law by omitting a required fifty-percent exchange provision. The Florida Supreme Court held that the disputed provision was never actua
• Savage v. Parker
  53 Fla. 1002· Fla.· 1907-01-01 ·cited 43×
  The Florida Supreme Court reversed an interlocutory injunction granted ex parte against an executor accused of mismanaging estate cattle. The court held that the plaintiff's showing was insufficient under applicable law and that the injunction was granted without proper statutory
• Gainesville Woman Care, LLC v. State
  210 So. 3d 1243· Fla.· 2017-02-16 ·cited 42×
  The Florida Supreme Court held that a 2015 law imposing a mandatory 24-hour waiting period before abortion procedures violates Florida's constitutional right to privacy and is presumptively unconstitutional under strict scrutiny review. The court rejected the First District's req
• Shea v. Cent. Diagnostic Servs., Inc.
  552 So. 2d 344· Fla. 5th DCA· 1989-11-22 ·cited 42×
  The court held that the trial court erred in ordering the return of the injunction bond, as the defendants are entitled to seek damages for wrongful issuance.
• Eisenberg v. The Hartz Mountain Corp.
  519 F.2d 138· 3d Cir.· 1975-06-13 ·cited 42×
  A temporary injunction under Section 10(j) of the NLRA should not be granted if it deprives employees of the benefits of an existing labor contract and collective bargaining, especially when the alleged unfair labor practice is minor and the administrative proceedings are signifi
• Interphoto Corp. v. Minolta Corp.
  417 F.2d 621· 2d Cir.· 1969-10-16 ·cited 42×
  The court held that the manufacturer's challenges to the district court's findings of fact and conclusions regarding irreparable injury were without merit, and affirmed the district court's orders.
• Naegele Outdoor Adv. Co. v. Jacksonville
  659 So. 2d 1046· Fla.· 1995-08-24 ·cited 41×
  The Supreme Court of Florida reviewed a district court's decision to quash a temporary injunction that had prohibited the City of Jacksonville from levying fines against billboard companies for violating a sign ordinance. The court ultimately approved the district court's decisio
• Jordan Chapel Freewill Baptist Church v. Dade Cnty.
  334 So. 2d 661· Fla. 3d DCA· 1976-06-22 ·cited 41×·via Motion For Temporary Injunction
  Jordan Chapel Freewill Baptist Church and thirty-six other organizations challenged Dade County Ordinance No. 75-50, which regulated bingo games operated by charitable organizations. The trial court denied their request for a permanent injunction, upholding the ordinance as a val
• Haelan Labs., Inc. v. Topps Chewing Gum, Inc.
  202 F.2d 866· 2d Cir.· 1953-02-16 ·cited 41×
• Hunter v. Dennies Contracting Co., Inc.
  693 So. 2d 615· Fla. 2d DCA· 1997-03-26 ·cited 40×
  Steve Hunter appeals the denial of his motion to dissolve a temporary injunction issued in a non-compete dispute with his former employer. The court affirmed, holding that because Hunter had notice of and participated in the initial injunction hearing, he was required to present
• Heavener v. R. W. Fla. Region, Inc.
  418 So. 2d 1074· Fla. 5th DCA· 1982-08-04 ·cited 40×
  The court held that a broad temporary injunction against soliciting franchisees of a competitor was not overly broad and affirmed the trial court's decision.
• Miss Universe, Inc. v. Patricelli
  408 F.2d 506· 2d Cir.· 1969-03-20 ·cited 40×
  The court held that while the appellee's service marks are valid and entitled to protection, the injunction against the appellant's use of 'Miss World-U.S.A.' was overly broad and not supported by sufficient findings of actual confusion.
• Daniel v. Fla. State Tpk. Auth.
  213 So. 2d 585· Fla.· 1968-07-31 ·cited 40×
  A statute authorizing an administrative agency to promulgate rules and regulations does not violate due process because it does not require a pre-adoption hearing, since quasi-legislative administrative functions do not necessarily require hearings and statutory publication and j
• Minn. Mining & Mfg. Co. v. Meter
  385 F.2d 265· 8th Cir.· 1967-11-02 ·cited 40×
  A district court's grant of a temporary injunction under Section 10(j) requires more than a finding of reasonable cause to believe an unfair labor practice occurred; it must also demonstrate a probability that the Act's remedial purposes would be frustrated without immediate reli
• Chicago v. Switchmen's Union OF N. Am.
  292 F.2d 61· 2d Cir.· 1961-06-09 ·cited 40×
  The court held that the district court lacked jurisdiction to issue an anti-strike injunction based on the union's alleged lack of good faith bargaining, as the record did not demonstrate a clear violation of the Railway Labor Act sufficient to overcome the Norris-LaGuardia Act's
• The Builders Supply Co. v. Acton
  56 Fla. 756· Fla.· 1908-06-01 ·cited 40×
  The Builders Supply Company appealed the dissolution of a temporary injunction restraining a removal action filed by J.W. Acton in County Judge's court. The Florida Supreme Court affirmed the trial court's order dissolving the injunction, holding that the bill failed to state suf
• Weinstein v. Yoram Aisenberg
  758 So. 2d 705· Fla. 4th DCA· 2000-03-09 ·cited 39×
  A temporary injunction to freeze bank assets in a conversion action is improper where the plaintiff has an adequate remedy at law in the form of money damages, notwithstanding allegations that the defendant may dissipate assets and render a money judgment uncollectible.
• Liberty Fin. Mortg. Corp. v. Clampitt
  667 So. 2d 880· Fla. 2d DCA· 1996-02-02 ·cited 39×
  The court held that the trial court erred in entering a written temporary injunction that exceeded its oral ruling and lacked sufficient factual findings to support the necessary criteria for issuance.
• Zimmerman v. D.C.A. AT Welleby, Inc.
  505 So. 2d 1371· Fla. 4th DCA· 1987-04-15 ·cited 38×
  Residents of a condominium sued to enjoin occupants from picketing and displaying signs to pressure the developer into making repairs, alleging defamation and tortious interference with prospective business relationships. The court affirmed the injunction in part but reversed the
• Sec. & Exch. Comm'n v. Great Am. Indus., Inc.
  407 F.2d 453· 2d Cir.· 1968-12-23 ·cited 38×
  Corporate officers and finders have a duty to disclose material information regarding finders' fees in securities transactions.
• McCURDY v. Zuckert
  359 F.2d 491· 5th Cir.· 1966-04-14 ·cited 38×·via Application For Temporary Injunction
  The court held that the district court lacked primary jurisdiction to enjoin the military discharge because adequate administrative remedies, including complete retroactive restoration, were available to Sergeant McCurdy after discharge.
• Gillis v. State Live Stock Sanitary Bd.
  94 Fla. 890· Fla.· 1927-11-08 ·cited 38×
  A Florida cattle owner challenged the State Live Stock Sanitary Board's authority to dip his tick-free cow and calf, arguing they fell within a statutory exception for animals kept in tick-free enclosures. The Supreme Court affirmed the lower court's denial of a temporary injunct
• Foreclosure Freesearch, Inc. v. Sullivan
  12 So. 3d 771· Fla. 4th DCA· 2009-04-29 ·cited 37×
  Foreclosure FreeSearch appealed a trial court's temporary injunction blocking a reverse stock split and appraisal process affecting minority shareholders Sullivan and Muttillo. The appellate court reversed, holding that the appraisal process constitutes an adequate remedy at law
• Webb v. Hill
  75 So. 2d 596· Fla.· 1954-10-29 ·cited 37×
  Florida Supreme Court reversed a trial court's grant of a temporary injunction preventing the State Road Department from accepting bids for construction of a state road section in Wakulla County. The Court held that the road was properly designated as part of the state highway sy
• Carter v. United States
  135 F.2d 858· 5th Cir.· 1943-04-12 ·cited 36×
  The dissenting judge believes the conviction for criminal contempt cannot stand because the order disobeyed was void for lack of jurisdiction, and thus not a lawful order.
• Liggett Drug Co. v. Lee
  126 Fla. 359· Fla.· 1936-12-01 ·cited 36×·via Application For Temporary Injunction
  Chain store operators challenged Florida's Chain Store Act tax exemptions for certain products. The Florida Supreme Court affirmed in part the lower court's injunction protecting sales of bakery, dairy, and agricultural products when sold by their producers/manufacturers, but rev
• Fla. E. Coast Ry. Co. v. Taylor
  56 Fla. 788· Fla.· 1908-06-01 ·cited 36×
  The Florida Supreme Court reversed a temporary mandatory injunction requiring a railroad company to construct a spur track and depot at Rockledge and operate passenger trains there. The Court held that mandatory injunctions requiring positive acts cannot be granted before final h
• In re Guardianship of Theresa Marie Schiavo v. Schiavo
  792 So. 2d 551· Fla. 2d DCA· 2001-07-11 ·cited 35×
  This consolidated appeal addresses whether parents of an incapacitated woman in a persistent vegetative state can challenge a guardianship court order authorizing discontinuation of life-prolonging procedures. The court holds that interested parties have standing to seek relief u
• Snibbe v. The Napoleonic Soc'y OF Am., Inc.
  682 So. 2d 568· Fla. 2d DCA· 1996-09-25 ·cited 35×
  The court held that personal jurisdiction was lacking over nonresident officers acting within their corporate capacity, and that the injunctions lacked sufficient factual findings to support their issuance.
• Chevaldina v. R.K./FL Mgmt., Inc.
  133 So. 3d 1086· Fla. 3d DCA· 2014-02-05 ·cited 34×
  Chevaldina appeals a temporary injunction prohibiting her from posting defamatory blogs, tortiously interfering with business relationships, stalking, and trespassing. The Third District Court of Appeal vacated the injunction, holding that injunctions cannot restrain defamatory s
• Lewis v. Lewis
  689 So. 2d 1271· Fla. 1st DCA· 1997-03-20 ·cited 34×
  A husband appeals from a domestic violence injunction that awarded temporary custody of the parties' two minor children to the wife without a full evidentiary hearing. The Florida appellate court reversed, holding that Florida statutes and family law rules require a full evidenti
• Seeler v. The Trading Port, Inc.
  517 F.2d 33· 2d Cir.· 1975-05-27 ·cited 34×
  A district court should issue an interim bargaining order under § 10(j) when a union has a card majority and the employer commits egregious unfair labor practices that make a fair election impossible, to restore the pre-violation status quo.
• Broward Cnty. Rubbish Contractors Ass'n v. Broward Cnty.
  112 So. 2d 898· Fla. 2d DCA· 1959-04-01 ·cited 34×
  The Broward County Rubbish Contractors Association and its members appealed multiple interlocutory orders denying their request for an injunction against a county garbage franchise agreement with Affiliated Services, Inc. The court affirmed, holding that the Board of County Commi
• Copra v. José A. Suro
  236 F.2d 107· 1st Cir.· 1956-07-06 ·cited 34×
  The denial of a temporary injunction was not an improvident exercise of discretion because of doubts regarding federal jurisdiction under § 301 and the potential for the controversy to be resolved in a prior, more appropriate case.
• Drew Lumber Co. v. Union Inv. Co.
  66 Fla. 382· Fla.· 1913-11-25 ·cited 34×
  Drew Lumber Company appeals the grant of a temporary injunction restraining its interference with Union Investment Company's possession and improvement of disputed land in Suwannee County, Florida. The Court reversed the injunction, finding the bill complained primarily of acts a
• Delphia Neal v. Evans Clay Neal
  636 So. 2d 810· Fla. 1st DCA· 1994-05-03 ·cited 33×
  In a dissolution of marriage case, the Florida First District Court of Appeal reviewed a trial court's imposition of severe sanctions against the wife, including striking all her pleadings and dismissing her counterclaim with prejudice for alleged discovery non-compliance. The co
• Finkelstein v. Se. Bank, N.A.
  490 So. 2d 976· Fla. 4th DCA· 1986-05-07 ·cited 33×
  This case addresses whether a trial court may issue a preliminary injunction freezing assets in a private family trust prior to judgment in a Florida RICO and Anti-Fencing Act civil suit. The Fourth District Court of Appeal reversed the injunction, holding that while such relief
• N. Dade Water Co. v. Adken Land Co.
  114 So. 2d 347· Fla. 3d DCA· 1959-08-27 ·cited 33×
  North Dade Water Co. and the City of North Miami Beach appealed a temporary injunction preventing them from discharging sewage effluent into lakes on Adken Land Co.'s property. The court affirmed the injunction, holding that the chancellor did not abuse discretion in granting it
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×·via Motion For Temporary Injunction
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• Cramp v. Bd. OF Pub. Instruction OF Orange Cnty.
  118 So. 2d 541· Fla.· 1960-03-04 ·cited 32×·via Temporary Injunction Requirements
  Teacher Cramp challenged a Florida statute requiring public employees to take a loyalty oath, claiming it violated his First Amendment rights. The Florida Supreme Court affirmed the trial court's denial of a temporary injunction, holding that Cramp failed to plead sufficient fact
• Ramsburg v. Am. Inv. Co. OF Ill.
  231 F.2d 333· 7th Cir.· 1956-01-27 ·cited 32×
  The court held that an appeal from an order denying a temporary injunction is not moot, even if the merger has been completed, because a court of equity has the power to restore the status quo through a mandatory injunction.
• Rewjb GAS Invs. v. Land O' SUN Realty, Ltd.
  643 So. 2d 1107· Fla. 4th DCA· 1994-08-31 ·cited 31×
  The court held that a trial court has discretion to impose monetary conditions, such as requiring payment of market rent, as a condition for granting a stay of eviction proceedings pending the outcome of another lawsuit.
• Seaescape, Ltd., Inc. v. Maximum Mktg. Exposure, Inc.
  568 So. 2d 952· Fla. 3d DCA· 1990-09-21 ·cited 31×
  SeaEscape appealed a trial court's ex parte temporary injunction requiring it to continue employment contracts with Panebianco and Maximum Marketing. The Third District Court of Appeal reversed, holding that personal service contracts are not enforceable by injunction and that Se
• Fla. High Sch. Athletic Ass'n v. Priam Rosenberg
  117 So. 3d 825· Fla. 4th DCA· 2013-06-26 ·cited 30×
  The court held that the trial court did not err in granting a temporary injunction but did err in failing to set a bond.
• Christine Thomas, M.D. v. Osler Med., Inc.
  963 So. 2d 896· Fla. 5th DCA· 2007-08-24 ·cited 30×
  Dr. Christine Thomas appeals the denial of her motion to dissolve a temporary injunction that barred her from practicing medicine within a 10-mile radius of her former employer's office for two years, enforcing a covenant not to compete. The court affirmed the injunction, holding
• Masters Freight, Inc. v. Servco, Inc.
  915 So. 2d 666· Fla. 2d DCA· 2005-10-12 ·cited 30×·via Temporary Injunction Requirements
  The court held that a temporary injunction must specify the reasons for its entry and include clear findings supporting the four required elements.
• City OF Coral Springs v. Fla. Nat'l Props., Inc.
  340 So. 2d 1271· Fla. 4th DCA· 1976-12-24 ·cited 30×
  The court held that the amended complaint failed to state a cause of action for injunctive relief because it did not sufficiently allege irreparable harm.
• Nw. Nat'l Ins. Co. v. Greenspun
  330 So. 2d 561· Fla. 3d DCA· 1976-04-20 ·cited 30×
  The court held that while a temporary injunction preventing an insurance rate increase was properly granted, the trial court erred in ordering the impaneling of a special board to hear evidence, as this exceeded its procedural and statutory authority.