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 enjoining the hiring of an all-male police class and in ordering transfers of female officers, but erred in denying reinstatement to an officer terminated due to pregnancy.
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The court should not decide the case by an equally divided court but should grant rehearing.
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The court held that the district court's findings of fact were not clearly erroneous in determining that the seller refused to sell for reasons unrelated to race and that the buyers were unwilling to purchase on the seller's specified terms.
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353 So. 2d 569·
Fla. 2d DCA·
1977-11-30
·cited 8×
Sarasota County appealed a trial court judgment requiring it to create two separate tax districts with different millage rates for incorporated and unincorporated areas to remedy allegedly inequitable taxation of municipal residents for county services of no real or substantial b
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352 So. 2d 121·
Fla. 2d DCA·
1977-11-16
·cited 8×
The court held that a prior action cannot be abated in favor of a subsequent action, especially when the parties are not identical.
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352 So. 2d 869·
Fla. 2d DCA·
1977-11-04
·cited 8×
Manatee County appealed a trial court judgment requiring it to reimburse three municipalities for county services rendered exclusively for the benefit of unincorporated areas, in violation of Florida's 1968 constitutional prohibition on taxing city property for services benefitin
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562 F.2d 152·
2d Cir.·
1977-09-01
·cited 8×
The court held that an order requiring a defendant to bring securities into the state for attachment, in addition to surrendering them, is an appealable injunction under 28 U.S.C. § 1292(a)(1).
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The Village of North Palm Beach appealed the denial of a temporary injunction to stop the School Board from constructing a library building on school property that allegedly violated the village's zoning setback requirements. The court reversed and adopted the balancing-of-public
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The court held that the preliminary injunction requiring notice and a hearing before reducing or terminating foster care benefits was warranted.
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The court affirmed the denial of habeas corpus relief, vacating the order granting bail.
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The court held that an arbitrator's award prohibiting picketing, based on a broad no-strike clause in a project labor agreement, is enforceable via injunction, even if the underlying dispute is not directly arbitrable, and the arbitrator has the authority to interpret the scope o
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343 So. 2d 611·
Fla.·
1977-03-03
·cited 8×
The Florida Supreme Court held that capital appreciation in assets is not taxable income until it is realized through a sale or other disposition, even if the appreciation accrued before the constitutional amendment authorizing corporate income tax in 1971. The court reversed the
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The appeal is dismissed as moot because the plaintiff has become eligible to obtain a right-to-sue notice, rendering the controversy over the preliminary injunction's availability moot.
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549 F.2d 1050·
6th Cir.·
1976-11-17
·cited 8×
The court held that an interlocutory appeal would be permitted under 28 U.S.C. § 1292(b) from the district court's order finding intentional segregation and directing remedial plan formulation.
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The Court of Appeals held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to show a strong likelihood of success on the merits or irreparable harm, and federal intervention in state criminal proceedings was unwarran
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540 F.2d 412·
8th Cir.·
1976-08-27
·cited 8×
The court held that the district court's dismissal of most prisoner complaints was appropriate, but the dismissal of one prisoner's claim regarding a hernia and subsequent medical treatment was inappropriate and should be remanded.
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543 F.2d 356·
D.C. Cir.·
1976-08-09
·cited 8×
The court held that an injunction is necessary to require a refund undertaking for new natural gas rates, pending final Commission action, to prevent irreparable harm from potentially unlawful charges.
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335 So. 2d 577·
Fla. 3d DCA·
1976-06-08
·cited 8×
Pet Incorporated sought to enforce a shopping center lease against Bal Harbour after Bal Harbour refused to consent to an assignment to the Riese brothers and terminated the lease. The appellate court reversed the trial court's finding that Bal Harbour unreasonably withheld conse
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The court held that the lower court erred in granting a preliminary injunction because the balance of equities did not decidedly favor the party seeking the injunction.
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The Town of Palm Beach appealed an interlocutory order granting a temporary injunction that restrained it from abandoning four beach access roads. The Florida appellate court reversed the temporary injunction, holding that the trial court's finding of irreparable injury was based
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The court held that the district court did not abuse its discretion in dissolving the temporary restraining order because the appellant's failure to file registration statements constituted a material breach of the contract.
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The court held that while a Boys Markets injunction was appropriate to enforce a no-strike clause over a jurisdictional dispute, its scope was overly broad and not supported by sufficient evidence of future irreparable harm.
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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.
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529 F.2d 984·
9th Cir.·
1976-02-04
·cited 8×
The court held that the defendant and his successors in interest do not possess an easement of necessity across the plaintiff's Indian trust allotment land.
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The court held that the National Environmental Policy Act (NEPA), specifically 42 U.S.C. § 4332, authorizes federal courts to enjoin state court proceedings when necessary to effectuate federal environmental policy, and thus 28 U.S.C. § 2283 does not bar such injunctions.
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The court held that the denial of class certification and preliminary injunctive relief for pretrial detainees is appealable and that the district court erred in applying precedent for convicted prisoners and in denying severance.
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A five-dollar fee for a daily permit to use sound amplification devices is constitutional if it is a reasonable regulatory measure to cover administrative costs and there is no proof of indigence preventing payment.
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The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate a substantial threat of irreparable injury.
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526 F.2d 252·
7th Cir.·
1975-11-25
·cited 8×
A nonparty cannot be held in contempt for violating an injunction unless they are in active concert or participation with a party, or are a successor in interest to property subject to the injunction and the transfer was made to evade the injunction.
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A district court may issue a preliminary injunction in an antitrust case involving an inter-industry problem, even if a regulatory agency has jurisdiction over one of the parties, provided the court retains jurisdiction and defers to the agency for intra-industry aspects.
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319 So. 2d 622·
Fla. 3d DCA·
1975-09-09
·cited 8×
In this landlord-tenant dispute, the Florida District Court of Appeal affirmed that the landlord Karl Knight was entitled to possession of his property and that a temporary injunction wrongfully obtained by the tenant Global Contact Lens was improper. The court reversed the trial
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522 F.2d 493·
7th Cir.·
1975-09-03
·cited 8×
The court held that the ALJ's decision denying disability benefits was supported by substantial evidence, and that the constitutional claims lacked merit and jurisdiction was lacking for class action claims.
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A Boys Markets injunction may be issued when a work stoppage occurs because employees honored a union picket line, provided the dispute over whether honoring the picket line violated the no-strike clause is arbitrable and the injunction is conditioned upon prompt arbitration.
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520 F.2d 639·
3d Cir.·
1975-07-09
·cited 8×
The court held that an order granting summary judgment on a complaint but not adjudicating a counterclaim is not a final, appealable order under 28 U.S.C. § 1291 without Rule 54(b) certification.
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Metropolitan Dade County has the statutory authority to temporarily ban further connections to a municipally-operated water system within its jurisdiction.
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315 So. 2d 101·
Fla. 2d DCA·
1975-06-25
·cited 8×
A restrictive covenant in a deed, even if not explicitly stated in subsequent deeds, can be enforceable by other lot owners if intended to run with the land and if the subsequent grantee had constructive notice.
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313 So. 2d 124·
Fla. 2d DCA·
1975-05-23
·cited 8×
Bryant appeals the dismissal of his complaint alleging an oral partnership with Stevens for buying and selling real estate, where Stevens held title to properties on Bryant's behalf. The court reversed the dismissal, holding that Bryant should have been allowed to amend his compl
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The court held that a $4,500,000 bond was unreasonable for a non-profit environmental organization seeking an injunction pending appeal in a NEPA case, reducing it to $1,000.
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The court held that it could not conclude the district judge abused his discretion in denying an injunction pending appeal, given the narrow scope of review and the scanty record.
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508 F.2d 129·
3d Cir.·
1975-01-27
·cited 8×
The court held that the insured made reasonable efforts to change the beneficiary, and the state court order was ineffectual to prevent this change, thus the second wife is entitled to the proceeds. The first wife's claim based on equitable estoppel failed due to lack of detrimen
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507 F.2d 1255·
7th Cir.·
1974-12-23
·cited 8×
The court held that the voluntary cessation of the complained-of action does not moot the litigation unless there is assurance the wrong will not be repeated.
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506 F.2d 288·
6th Cir.·
1974-11-15
·cited 8×
The court held that the district court had jurisdiction to hear the case, and that the due process hearing requirements established in Wolff v. McDonnell should be applied to the prisoner transfer context.
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The appellate court affirmed the district court's order granting a partial preliminary injunction, finding it was within the trial court's discretion.
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298 So. 2d 570·
Fla. 3d DCA·
1974-06-28
·cited 8×
TAN Airlines, a foreign airline leasing space at Miami International Airport, sought exemption from 1972 real property taxes on its leasehold interests. The trial court granted summary judgment declaring the leasehold totally exempt from taxation based on a Florida Supreme Court
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The court held that it lacked appellate jurisdiction to review the denial of a temporary restraining order because compelling circumstances were not present. The court noted the case was not ripe for interlocutory review due to lack of full evidence and unclear nexus between flig
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The court held that the appeal from the denial of a preliminary injunction is moot because the underlying administrative appeal has concluded.
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The court held that the parties' express exclusion of the Florida Arbitration Code rendered it inapplicable, and under Florida common law, agreements to arbitrate future disputes are unenforceable, thus the district court should have stayed arbitration.
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494 F.2d 1279·
4th Cir.·
1974-04-03
·cited 8×
The court held that the appellant's request to enjoin the IRS from using his late-filed tax returns as evidence in a criminal proceeding was premature.
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The court held that the United Nations Protocol Relating to the Status of Refugees requires refugees seeking asylum to be lawfully present in the country.