Wrongful Injunction

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

• Parker Tampa TWO, Inc. v. Somerset Dev. Corp.
  544 So. 2d 1018· Fla.· 1989-06-01 ·cited 97×
  The Florida Supreme Court held that damages recoverable for wrongfully obtaining an injunction are limited to the amount of the injunction bond when the injunction is obtained in good faith. The Court adopted the majority view followed by most states and federal courts, rejecting
• Lever Bros. Co. v. Int'l Chem. Workers Union
  554 F.2d 115· 4th Cir.· 1976-11-30 ·cited 48×
  The court affirmed the district court's decision, holding that the dispute was arbitrable, the preliminary injunction to maintain the status quo pending arbitration was properly issued, and the injunction bond was correctly conditioned on the wrongful issuance of the injunction r
• 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.
• S & T Builders v. Globe Props., Inc.
  944 So. 2d 302· Fla.· 2006-11-16 ·cited 35×
  The Florida Supreme Court held that trial courts may include reasonably foreseeable attorney's fees in a lis pendens bond, resolving a conflict between district courts. The decision approves the Fourth District's reasoning that attorney's fees are recoverable damages in lis pende
• Atomic OIL Co. OF Okla., Inc. v. Bardahl OIL Co.
  419 F.2d 1097· 10th Cir.· 1969-12-30 ·cited 30×
  A bond given as a condition precedent to a temporary injunction under Fed.R.Civ.P. 65(c) is supplemented, not supplanted, by a second bond for a permanent injunction, and recovery is permissible on both bonds even if the trial court later determines the injunction was improperly
• Provident Mgmt. Corp. v. City OF Treasure Island
  718 So. 2d 738· Fla.· 1998-05-07 ·cited 27×
  Where a court dispenses with a bond pursuant to Rule 1.610(b) for a governmental entity seeking a temporary injunction, the wrongfully enjoined party is entitled to seek the full measure of damages sustained by the wrongful injunction, not limited to a bond amount. A court may re
• Longshore Lakes Joint Venture v. Mundy
  616 So. 2d 1047· Fla. 2d DCA· 1993-03-19 ·cited 27×
  The court affirmed the grant of a temporary injunction but reversed and remanded because the trial court set the injunction bond without allowing the parties to present evidence on the appropriate bond amount.
• Provident Mgmt. Corp. v. City OF Treasure Island
  796 So. 2d 481· Fla.· 2001-05-24 ·cited 26×
  The Florida Supreme Court held that sovereign immunity limitations under section 768.28 do not apply to damages awards resulting from wrongfully issued preliminary injunctions obtained by governmental entities. When a court dispenses with the bond requirement for a governmental e
• Roger Dean Chevrolet, Inc. v. Painters
  155 So. 2d 422· Fla. 2d DCA· 1963-07-19 ·cited 24×
  Roger Dean Chevrolet sought to enjoin a labor union from picketing its business. The trial court dismissed the case for lack of jurisdiction, finding the National Labor Relations Board had exclusive jurisdiction over the labor dispute. The court awarded the union attorneys' fees
• Richard Rice and wife v. Fred White and wife
  147 So. 2d 204· Fla. 1st DCA· 1962-12-06 ·cited 24×
  In this appeal from a damages determination under an injunction bond, the Florida court addressed whether dismissal of an injunction complaint without prejudice and dissolution of a temporary restraining order constitutes a final adjudication that the restraining order was wrongf
• Hoffman v. Barlly
  97 So. 2d 355· Fla. 3d DCA· 1957-10-10 ·cited 24×
  Hoffman appealed a decree denying his equity suit for corporate dissolution and accounting, and awarding attorney's fees and expenses to defendants. The court affirmed the dismissal of Hoffman's suit but reversed the award of attorney's fees to defendants, holding that absent sta
• Commerce Tankers Corp. v. Nat'l Mar. Union OF Am., AFL-CIO
  553 F.2d 793· 2d Cir.· 1977-04-15 ·cited 23×
  The court held that the record required a finding that the Union violated antitrust law, and that the matter should be remanded solely for determination of damages.
• Whitby v. Infinity Radio Inc.
  951 So. 2d 890· Fla. 4th DCA· 2007-01-24 ·cited 19×
  Elena Whitby, a radio personality who worked for WEAT-FM, breached her non-compete covenant by moving to competitor WRMF-FM. The trial court granted summary judgment on enforceability of the non-compete, directed a verdict against Whitby's counterclaim for wrongful injunction, an
• Morgan v. Herff Jones, Inc.
  883 So. 2d 309· Fla. 2d DCA· 2004-08-25 ·cited 19×
  Terry Morgan challenges a temporary injunction issued by the circuit court that restrained him from competing with Herff Jones, Inc. and using the trade name Delmar Studios. The appellate court reversed the non-compete injunction but affirmed the injunction against use of the tra
• Braun v. Intercontinental Bank
  452 So. 2d 998· Fla. 3d DCA· 1984-06-19 ·cited 19×
  In this appeal from a damages assessment on an injunction bond, the court held that while the trial court properly awarded damages for the wrongful issuance of a stay granted by the appellate court, it erred in including attorney's fees for services rendered in responding to the
• Wittich v. O'Neal
  22 Fla. 592· Fla.· 1886-06-01 ·cited 19×
  The Florida Supreme Court held that counsel fees incurred to dissolve a temporary injunction are recoverable as damages under an injunction bond, and that a fixed liability for such fees is sufficient without proof of actual payment. The court rejected the contrary position taken
• Page Commc'ns Eng'rs, Inc. v. Fkoehlke
  475 F.2d 994· D.C. Cir.· 1973-03-12 ·cited 18×
  The court held that Rule 65(c) does not mandate automatic assessment of damages on an injunction bond, and the district court has discretion to refuse damages in the interest of equity and justice.
• Instant AIR Freight Co. v. C.F. AIR Freight, Inc.
  882 F.2d 797· 3d Cir.· 1989-08-17 ·cited 17×
  The dissenting judge believes the district court did not abuse its discretion in finding irreparable harm and that injunctive relief was warranted.
• Monroe Division v. DE Bari
  562 F.2d 30· 10th Cir.· 1977-09-26 ·cited 14×
  The court held that a party seeking damages for a wrongful preliminary injunction is entitled to a hearing, even if security was not posted, and that the plaintiff's financial strength does not negate liability.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  958 F.2d 1127· D.C. Cir.· 1992-03-13 ·cited 12×
  The court held that the district court lacked jurisdiction to issue the preliminary injunction because the plaintiff failed to exhaust administrative remedies as required by the Social Security Act, which governs Medicare appeals.
• Blumenthal v. Merrill Lynch
  910 F.2d 1049· 2d Cir.· 1990-08-08 ·cited 12×
  A district court has jurisdiction to issue a preliminary injunction pending arbitration, and if arbitrators later dissolve the injunction, it may be deemed 'wrongful,' allowing recovery on the injunction bond.
• Oakwood Manor, Inc. v. ECK
  358 So. 2d 585· Fla. 2d DCA· 1978-05-10 ·cited 12×
  Oakwood Manor appeals a judgment denying damages on an injunction bond posted by S & E Enterprises when S & E obtained a temporary injunction against Oakwood in 1971. The court reverses and remands, holding that the dismissal of S & E's underlying suit does not automatically esta
• Lorie v. C.L.N.
  757 So. 2d 610· Fla. 3d DCA· 2000-05-17 ·cited 9×
  The court held that a voluntary dismissal of a suit does not automatically entitle the plaintiff to the return of an injunction bond, and the defendant may recover damages from the bond if the injunction was wrongfully issued.
• Jones v. Sterile Prods. Corp. & Nat'l Fire Ins. Co. of Hartford
  658 So. 2d 1099· Fla. 5th DCA· 1995-07-14 ·cited 8×
  The affirmance of a temporary injunction does not, as a matter of law, preclude a subsequent claim for wrongful injunction, and an appeal of a permanent injunction order stays the discharge of the associated bond.
• Fireman's Fund Ins. Co. v. S. E. K. Constr. Co., Inc.
  436 F.2d 1345· 10th Cir.· 1971-01-12 ·cited 8×
  The court held that a surety cannot maintain an equitable action quia timet to prevent a bank from disposing of contract proceeds when the contractor was not in default, and that attorneys' fees are not recoverable under federal law for a wrongfully issued injunction bond in a di
• The Continuum Co., Inc. v. Incepts, Inc.
  873 F.2d 801· 5th Cir.· 1989-05-15 ·cited 6×
  The court continued the stay of the district court's order increasing the bond and dissolving the injunction, pending appeal.
• Heiser v. Woodruff
  128 F.2d 178· 10th Cir.· 1942-05-07 ·cited 6×
  Attorney's fees are not recoverable as damages on a federal injunction bond.
• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• State OF Ala. v. The United States Env't Prot. Agency
  925 F.2d 385· 11th Cir.· 1991-03-01 ·cited 5×
  The court held that the district court erred in discharging the State of Alabama from its obligation on the injunction bond, as the prior appellate decision did not moot the bond issue and the equitable factors cited were insufficient to justify discharge.
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• Bradenton Grp., Inc. v. State
  970 So. 2d 403· Fla. 5th DCA· 2007-11-09 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
• City OF Treasure Island v. Provident Mgmt. Corp. & Laurence N. Belair
  738 So. 2d 357· Fla. 2d DCA· 1999-06-11 ·cited 4×
  On remand from the Florida Supreme Court, the Second District Court of Appeal addressed whether a municipality has liability for wrongful injunction and whether sovereign immunity applies. The court held that wrongful injunction is a tort claim subject to the statutory liability
• Sterile Prods. Corp. v. Jones
  702 So. 2d 628· Fla. 5th DCA· 1997-12-19 ·cited 4×
  The court held that an order determining liability for affirmative relief, but leaving causation and damages for trial, is not immediately appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).
• Ehrhart v. Raymond James & Assocs., Inc.
  536 So. 2d 1178· Fla. 2d DCA· 1989-01-06 ·cited 4×
  The court held that a claim for wrongful issuance of a temporary injunction is not resolved by arbitration of the underlying cause of action if the injunction damages were not submitted to arbitration.
• The State OF Kan. v. Brock Adams
  705 F.2d 1267· 10th Cir.· 1983-04-18 ·cited 4×
  The court held that the district court did not abuse its discretion in denying costs and expenses incurred during a temporary restraining order, as the injunction was dissolved due to intervening Congressional action rather than being wrongfully issued.
• In re J. D. Jewell, Inc. v. Hicks
  571 F.2d 928· 5th Cir.· 1978-04-21 ·cited 4×
  A party cannot recover damages for an injunction unless a security bond has been executed, and damages for loss of property cannot be attributed to an injunction if the property was lost while in the trustee's possession.
• Lane v. Reubin J. Clein
  151 So. 2d 677· Fla. 3d DCA· 1963-04-09 ·cited 4×
  The Third District Court of Appeal reversed an order allowing defendants to pursue damages for a wrongful injunction in the same suit, holding that without express statutory authorization, such damages must be sought in a separate action on the bond. The court found that Florida
• Andrist v. Spleen
  142 So. 3d 950· Fla. 4th DCA· 2014-07-16 ·cited 3×
  In this defamation case, appellants (stand-up comedians) appealed an order limiting their damages from a wrongfully issued ex parte temporary injunction to the $100 bond amount. The court held that where an injunction is obtained ex parte without notice and the enjoined party pro
• Vavrus v. City OF Palm Beach Gardens
  927 So. 2d 992· Fla. 4th DCA· 2006-04-05 ·cited 3×
  The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
• Pledger Tr. Series 28, LLC v. Apeiron Holdings Miami, LLC
  306 So. 3d 1115· Fla. 3d DCA· 2020-08-19 ·cited 2×
  The appellate court affirmed the trial court's decision to grant a preliminary injunction but reversed the decision regarding the lack of a bond. The court found that a bond is required to protect the enjoined party from damages if the injunction is later found to be wrongful.
• Picasso Tower, Inc. v. Dairene Int'l
  874 So. 2d 640· Fla. 3d DCA· 2004-04-14 ·cited 2×
  A temporary injunction dissolved for lack of jurisdiction is considered wrongfully issued, entitling the enjoined party to damages against the injunction bond.
• Goslin v. Glenfed Brokerage Servs.
  683 So. 2d 620· Fla. 2d DCA· 1996-11-22 ·cited 2×
  Goslin and PaineWebber appealed a trial court order confirming an arbitration award and denying damages for a wrongfully issued injunction. The appellate court reversed and remanded, holding that the trial court erred by pre-emptively denying damages for wrongful injunction witho
• Dep't of Health & Rehabilitative Servs. v. G & J Invs. Corp., Inc.
  541 So. 2d 1197· Fla. 3d DCA· 1988-11-15 ·cited 2×
  G & J Investments Corporation owned nursing home buildings and agreed to an August 1980 court order placing them under HRS control during a licensing crisis. When HRS later closed the facilities, G & J sued for damages based on wrongful injunction, but the appellate court held th
• Parker Tampa TWO, Inc. v. Somerset Dev. Corp.
  522 So. 2d 502· Fla. 2d DCA· 1988-03-18 ·cited 2×
  Parker Tampa Two appealed a final judgment limiting its damages recovery from Somerset Development Corporation to the amount of Somerset's injunction bond ($10,000) for wrongfully obtaining a temporary injunction. The court affirmed, holding that under Florida law, damages for wr
• In re Dickie Joe Ladner v. Dickie Joe Ladner
  799 F.2d 1023· 5th Cir.· 1986-09-15 ·cited 2×
  A party cannot recover damages for a wrongfully issued injunction unless a bond or security was posted by the party seeking the injunction, even if damages were sustained.
• Intertrack Transp., Inc. v. B & G Horse Transp., Inc.
  403 So. 2d 1058· Fla. 3d DCA· 1981-09-08 ·cited 2×
  Intertrack Transportation and its parent companies appealed from a judgment denying them damages on an injunction bond for a temporary injunction that restrained them from transporting horses without proper certification. The court reversed, finding the temporary injunction was w
• Maldonado v. Buchsbaum
  259 So. 3d 302· Fla. 4th DCA· 2018-11-21 ·cited 1×
  A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
• Fla. Ga. Grove, LLP v. Collier Cnty.
  95 So. 3d 948· Fla. 2d DCA· 2012-08-10 ·cited 1×
  The court held that the circuit court erred in setting a bond amount for a temporary injunction without first holding an evidentiary hearing to determine the appropriate amount.
• Penner v. Y.M.C.A.
  20 Fla. Supp. 106· Dade Cty. Cir. Ct.· 1962-06-08 ·cited 1×
  The court held that the Y.M.C.A.'s profit from selling the stock on the open market was the proper measure of damages for its breach of contract, and denied the Y.M.C.A.'s claim for damages on the injunction bond.
• Shima v. Shima
  D.D.C.· 1943-12-27 ·cited 1×
  A husband should be allowed to set off damages sustained from a wife's wrongful injunction against the attorney fees awarded to the wife's attorney, especially if the attorney participated in the wrongful conduct.