5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the district court did not abuse its discretion in granting a preliminary injunction to prevent the bank from disbursing funds from an escrow account, as the buyer faced irreparable harm due to potential multiplicity of suits.
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Appellants, Santa Rosa Island leaseholders, challenged improvements constructed by Walton Grocery Company on Lots 363 and 364, arguing they violated protective covenants restricting B2 zones to primarily residential uses with only 'affiliated services' for subsidiary commercial p
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The court held that the consent decree applied to social services transferred to DSS and that DSS could be bound to the decree, affirming the district court's rulings.
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The court held that the complaint does not present a justiciable controversy because the alleged injury is too speculative and conjectural.
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The statutory scheme authorizing the Postal Service to detain mail based on probable cause of false representations in commercial advertising does not violate the First Amendment or due process, provided injunctions are limited to the duration necessary for prompt administrative
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A former school teacher appealed the dismissal of his complaint seeking reinstatement after the school board refused to renew his annual contract. The court affirmed dismissal, holding that even if the board breached a settlement agreement by failing to form an assistance committ
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The court held that the district court did not err in granting a temporary restraining order, as the plaintiffs raised serious questions on the merits and the balance of hardships tipped in their favor, and the Board's March 16 Order itself constituted de jure discrimination.
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648 F.2d 246·
5th Cir.·
1981-06-15
·cited 8×
The court held that neither the state's acquisition of a prison site nor the state water commission's preliminary inquiry about a discharge permit constituted "major federal action" requiring an environmental impact statement under NEPA.
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The court held that the interpretation of which contributions are due under the collective bargaining agreement is an arbitrable issue, but the determination of delinquency based on those contributions is for the trustees. The court also held that the issuance of a preliminary in
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651 F.2d 565·
8th Cir.·
1981-06-09
·cited 8×
The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
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The court granted the FTC's motion for an injunction pending appeal, finding a strong likelihood that the FTC would prevail on the merits and ordering the parties to return to the status quo.
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397 So. 2d 1155·
Fla. 5th DCA·
1981-04-01
·cited 8×
A complaint alleging conclusions of law or evidentiary facts, rather than ultimate facts, should not be dismissed for failure to state a cause of action.
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390 So. 2d 1188·
Fla.·
1980-11-26
·cited 8×
The Florida Supreme Court reversed a circuit court's injunction preventing the City of Palm Beach Gardens from contracting with the Palm Beach County Sheriff for law enforcement services. The court held that Article VIII, Section 4 of the Florida Constitution, which governs trans
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390 So. 2d 1198·
Fla. 2d DCA·
1980-11-05
·cited 8×
The court affirmed a temporary injunction prohibiting appellants from operating bingo games at Britton Plaza in Tampa, holding that their arrangement violated Florida's bingo exception statute by failing to meet the requirement that property be leased full-time by a qualified non
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The court held that a preliminary injunction was improperly granted because the professor's resignation was voluntary and not under duress, and the injunction lacked a finding of irreparable injury.
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388 So. 2d 1298·
Fla. 1st DCA·
1980-10-07
·cited 8×
Wolf Ridge Plastics and ETA sought an injunction to prevent JEA and contractor Au from substituting a different pipe supplier for the large-diameter thermal discharge pipe, and alternatively sought damages. The trial court granted summary judgment for the defendants based on moot
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The court held that the appellees complied with Executive Order 11,990, NEPA, and section 608 of the Military Construction Act, and that the district court did not err in denying a preliminary injunction.
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642 F.2d 538·
D.C. Cir.·
1980-09-12
·cited 8×
The Federal Election Commission (FEC) had the authority to examine the face of an administrative complaint challenging a candidate's eligibility for public funding before certifying, but was not obligated to conduct a full investigation if the complaint did not present an extreme
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The enactment of the Supplemental Appropriations and Rescission Act, 1980, mooted the controversy regarding the allocation of federal-aid highway funds, as it established a new ceiling and allocation formula for funds not obligated by July 8, 1980.
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The court held that the plaintiff had not demonstrated a sufficient probability of success on the merits to justify a preliminary injunction, vacating the injunction.
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624 F.2d 522·
5th Cir.·
1980-08-01
·cited 8×
The court held that deportation proceedings against an unrepresented infant violate due process, requiring the appointment of a guardian ad litem.
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The court held that summary judgment was improperly granted because material factual disputes existed and the plaintiffs had demanded a jury trial for their constitutional claims.
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The court held that the district court erred in denying the preliminary injunction, finding that plaintiffs sufficiently demonstrated likelihood of success on the merits and irreparable harm.
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State legislators are immune from suits under 42 U.S.C. § 1983 for injunctive relief based on their legislative activities, including issuing subpoenas.
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378 So. 2d 866·
Fla. 2d DCA·
1979-12-21
·cited 8×
Edwards Dairy appealed a summary judgment dismissing its inverse condemnation claim against Pasco Water Authority for pipeline construction on leased property. The court reversed, holding that permission to enter land does not necessarily constitute consent to appropriate it, and
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609 F.2d 960·
9th Cir.·
1979-12-14
·cited 8×
The court held that fraudulent intent is not required for an injunction under Section 17(a) of the Securities Act of 1933, and that a district court has discretion to include a review provision in an injunction. The court also held that failure to amend offering circulars under R
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The court held that the district court lacked jurisdiction to issue an injunction against administrative proceedings, as exclusive review of Commission orders lies with the circuit courts of appeals. Furthermore, Consolidated's petition for review was dismissed for failing to rai
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The court held that absent claimants must be notified and given an opportunity to be heard before priorities for disbursing funds from an escrow account are established.
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Tropical Park, Inc. excluded a patron from its horse racing facility allegedly due to underworld connections. The trial court issued a temporary injunction requiring admission, but the appellate court reversed, holding that commercial establishments, particularly pari-mutuel oper
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The court held that the district court should discontinue its retained jurisdiction and dismiss the case because the original objectives of the lawsuit have been accomplished and state mechanisms now exist to address jail conditions.
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599 F.2d 17·
1st Cir.·
1979-06-06
·cited 8×
The court held that the issue of the district court's order was not ripe for decision, as it lacked sanctions and was merely a directive for findings and recommendations.
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The court held that the state's asserted government interests did not justify restricting ISKCON's religious ritual (Sankirtan) to a booth, as less restrictive means were available to address concerns like public safety, fraud, and litter.
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The court held that the district court abused its discretion in denying a preliminary injunction because the balance of hardships favored the plaintiffs, and the case should be tried and decided without further delay.
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction against picketing that sought to circumvent a final and binding arbitration decision regarding an employee's discharge.
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In a removed diversity case seeking injunctive relief, the amount in controversy can be measured by the value to either party, not exclusively the plaintiff's viewpoint, to determine federal jurisdiction.
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368 So. 2d 629·
Fla. 4th DCA·
1979-03-14
·cited 8×
A condominium regulation prohibiting the replacement of pets upon death is enforceable as a reasonable restriction consistent with the condominium concept.
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594 F.2d 653·
8th Cir.·
1979-02-28
·cited 8×
The court held that the district court had jurisdiction to enjoin the Frank Group from asserting ownership interests in the Mansion House properties in bankruptcy proceedings, as the properties were not subject to the bankruptcy court's jurisdiction.
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366 So. 2d 1213·
Fla. 1st DCA·
1979-01-29
·cited 8×
Fotomat Corporation appealed an injunction and lease cancellation granted to Southland Films based on an exclusive covenant in Southland's lease with Arlington Plaza Shopping Center. The court reversed, holding that equitable estoppel could not be invoked by Southland based on Fo
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Parties must exhaust administrative remedies before seeking judicial review of the Commission's authority to bring an administrative action, even if a similar court enforcement action was previously brought.
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The court denied the Federal Trade Commission's suggestion for rehearing en banc, finding the matter moot due to the merger's consummation and the lack of timely opportunity for meaningful review.
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The court held that the Secretary of the Army has discretionary authority under 33 U.S.C. § 426i to address shore erosion caused by federal navigation works, and this discretion is not subject to enforcement by writ of mandamus. Furthermore, the court found no abuse of discretion
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The court held that Lakefront's stock was not required to be registered under Section 12(g)(1) because it was entitled to deregistration under Section 12(g)(4), thus Section 14(a) proxy rules did not apply. The denial of a preliminary injunction was also affirmed.
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The court held that the district court's denial of a preliminary injunction was not adequately explained, requiring remand for reconsideration and clarification.
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360 So. 2d 470·
Fla. 3d DCA·
1978-07-11
·cited 8×
A condominium association appealed a trial court's judgment invalidating a bylaw amendment that prohibited pet ownership for animals not registered before a specified date. The court affirmed, finding the bylaw imposed an impermissible retroactive regulation on an existing unit o
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A preliminary injunction enforcing a one-year non-compete clause is improper if issued after the one-year period has expired, even if the delay was caused by court proceedings.
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Gasparilla Inn appealed the trial court's denial of a mandatory injunction against erosion caused by Sunset Realty's canal construction, and Sunset Realty cross-appealed a $36,000 monetary award granted in lieu of the injunction. The court affirmed the denial of the mandatory inj
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574 F.2d 456·
8th Cir.·
1978-05-03
·cited 8×
The court affirmed the district court's grant of declaratory and injunctive relief regarding AFDC benefit computation notices.
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357 So. 2d 739·
Fla. 3d DCA·
1978-04-04
·cited 8×
The Florida District Court of Appeal reversed a trial court judgment in a class action challenging a rent increase order issued by Miami Beach's Rent Control Director, holding that plaintiffs failed to exhaust the required administrative remedy of petitioning for reconsideration