Equitable Decree

32 Florida cases classified under this topic · sorted by citation count · browse and sort

• Carter v. Gallagher
  452 F.2d 315· 8th Cir.· 1971-09-09 ·cited 170×
• Spain v. Procunier
  600 F.2d 189· 9th Cir.· 1979-05-30 ·cited 93×
  The court held that the district court erred in requiring a three-judge panel and modified the injunctions regarding tear gas and mechanical restraints, while affirming the prohibition of neck chains within the prison.
• United States v. State OF Or.
  657 F.2d 1009· 9th Cir.· 1981-09-10 ·cited 62×
  Indian tribes may consent to suit without explicit Congressional authority, and the Yakima Tribe's intervention and agreement to submit disputes to federal court constituted such consent, waiving their sovereign immunity.
• Vandervoort v. Vandervoort
  277 So. 2d 43· Fla. 3d DCA· 1973-04-24 ·cited 37×
  In a consolidated appeal from a divorce case involving property division of a horse-breeding partnership, the court affirmed the trial court's adoption of a special master's report determining the partnership commenced in 1970 rather than 1961, but reversed a subsequent order tha
• Gray Tool Co. v. Humble OIL & Ref. Co.
  186 F.2d 365· 5th Cir.· 1951-01-19 ·cited 32×
  Summary judgment is an improper tool to prematurely terminate patent infringement suits, especially when the defense of patent misuse involves questions of intent and fact not resolvable as a matter of law on the record presented.
• H. K. Porter Co., Inc. v. Nat'l Friction Prods. Corp. & Earl E. Figert
  568 F.2d 24· 7th Cir.· 1977-12-19 ·cited 24×
  The court held that a contempt motion was improper because the district court's order, which incorporated a settlement agreement by reference, failed to meet the specificity requirements of Fed.Civ.Proc. Rule 65(d) for injunctive orders.
• Hamilton v. MacDONALD
  503 F.2d 1138· 9th Cir.· 1974-09-12 ·cited 24×
  The court held that the Navajo Tribe's appeals lacked merit, affirming the district court's Order of Compliance and implementation plan, as prior rulings on jurisdiction and equitable relief were binding and the arguments raised were either foreclosed or without merit.
• United States v. City OF Chicago
  870 F.2d 1256· 7th Cir.· 1989-03-15 ·cited 22×
  The court held that the denial of intervention in the first suit (United States v. City of Chicago) was affirmed, but the denial of intervention in the second suit (Bigby v. City of Chicago) was reversed, allowing white female sergeants to intervene. The appeal from the judge's r
• Governor Clinton Co., Inc. v. Knott at al.
  120 F.2d 149· 2d Cir.· 1941-06-04 ·cited 20×
  The court held that payments made to fiduciaries from the debtor's estate, even without direct proof of loss or intent to defraud, are recoverable due to the breach of fiduciary duty and fraud upon the court.
• Citizens Bank & Tr. Co. v. Grey
  130 So. 274· Fla.· 1930-10-21 ·cited 19×
  Citizens Bank & Trust Co. sought to foreclose a mortgage allegedly executed by the Greys in October 1925 and assigned to the bank as trustee. The trial court dismissed the bill after the Greys withdrew their demurrer, relying on their answer's denials and affirmative defenses reg
• Kranz v. Kranz
  737 So. 2d 1198· Fla. 5th DCA· 1999-07-23 ·cited 18×
  This Florida appellate case reviews a final divorce judgment dissolving the marriage of Jane and David Kranz. While affirming the dissolution itself and denying attorney's fees, the court reverses and remands on multiple issues due to numerous unsupported factual findings, partic
• Goss v. The Bd. OF Educ. OF the City OF Knoxville
  482 F.2d 1044· 6th Cir.· 1973-07-18 ·cited 16×
• Brock v. Richardson
  812 F.2d 121· 3d Cir.· 1987-02-18 ·cited 15×
  An employer violates the Fair Labor Standards Act's anti-retaliation provision by discharging an employee based on a mistaken belief that the employee engaged in protected activity. Back pay awards under the FLSA should be presumed to carry both pre-judgment and post-judgment int
• Kelley v. Metro. Cnty. Bd. OF Educ. OF Nashville & Davidson Cnty.
  687 F.2d 814· 6th Cir.· 1982-07-27 ·cited 10×
  The court held that the appellate court erred in reversing the district court's pupil assignment plans for desegregation, finding the district court did not make clearly erroneous findings of fact or abuse its discretion.
• United States v. Truckee-Carson Irrigation Dist.
  649 F.2d 1286· 9th Cir.· 1981-06-15 ·cited 10×
  The court held that the Orr Ditch decree should not be completely reopened due to the government's conflict of interest, but a partial reopening is permissible to consider the Tribe's claim against the Irrigation District.
• Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. Dist. NO. 1
  921 F.2d 1371· 8th Cir.· 1990-12-12 ·cited 8×
  The court held that the District Court erred in rejecting settlement plans agreed to by all parties, emphasizing the strong legal preference for settlements, especially in protracted litigation.
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Rosebrough Monument Co. v. Mem'l Park Cemetery Ass'n
  736 F.2d 441· 8th Cir.· 1984-06-14 ·cited 8×
  The court held that certain cemetery rules approved by the district court were overly restrictive and modified them, while affirming the district court's reduction of attorney's fees based on the limited monetary relief obtained by the appellant.
• Reybine v. Lisel E. Kruse
  128 Fla. 278· Fla.· 1937-05-21 ·cited 8×
  The Florida Supreme Court affirmed an order allowing service of process on a non-resident executrix in an equity suit to set aside a judgment obtained through extrinsic fraud. The court held that Florida's constructive service statute applies to bills in equity seeking to vacate
• United States v. City OF Chicago
  894 F.2d 943· 7th Cir.· 1990-02-06 ·cited 6×
  The court should dissolve the long-standing decree and allow new litigation for any new wrongs, rather than continuing the current complex and outdated equitable decree.
• Gemveto Jewelry Co., Inc. v. Jeff Cooper Inc. & Jeff Cooper
  800 F.2d 256· Fed. Cir.· 1986-09-05 ·cited 4×
  The court held that an injunction under state common law of unfair competition cannot enjoin the copying of jewelry designs themselves, but must be narrowly tailored to prohibit specific acts of palming-off or deceptive marketing that cause customer confusion as to source.
• Pierce v. Vision Invs., Inc.
  779 F.2d 302· 5th Cir.· 1986-01-03 ·cited 4×
  A consent order entered under the Interstate Land Sales Full Disclosure Act, requiring payments to purchasers, is an equitable decree in the public interest, not a mere money judgment or debt, and is therefore enforceable by civil contempt under federal and Texas law.
• Mulkey v. Purdy
  234 So. 2d 108· Fla.· 1970-04-08 ·cited 4×
  Petitioner Mulkey sought to expunge fingerprint and photograph records from his 1959 misdemeanor arrest, after successfully completing probation with adjudication withheld. The Florida Supreme Court held that without statutory authority or strong equitable considerations, courts
• City of W. Palm Beach v. State
  132 Fla. 901· Fla.· 1938-06-30 ·cited 3×
  This case concerns whether a writ of mandamus to enforce payment of municipal securities should be awarded when the city has funds but a federal court decree, to which the relator was not a party, requires those funds to be paid to other bondholders and enjoins their use for othe
• McKENZIE v. Kennickell
  825 F.2d 429· D.C. Cir.· 1987-07-31
  The court held that the District Court's 1984 order compelling GPO to select a class member for promotion was inconsistent with this court's prior mandate, as it failed to adequately consider the interests of third-party employees and lacked sufficient justification for intervent
• Allen v. Hendel
  440 So. 2d 1315· Fla. 3d DCA· 1983-11-01
  Florida appellate court affirmed specific performance of a real estate contract but struck the trial court's requirement that buyers reimburse the seller for property maintenance expenses, finding the contract allocated those costs to the seller.
• Lauril M. Allis v. Allis
  378 F.2d 721· 5th Cir.· 1967-06-07
  The court held that the Nevada divorce decree, which determined the parties' interests in Texas realty, was entitled to recognition under principles of comity and Full Faith and Credit, and thus the district court's dismissal of the appellant's subsequent Texas action was proper.