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 federal district court did not err in denying a preliminary injunction and dissolving a state court injunction after removal of the case.
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413 F.2d 335·
1st Cir.·
1969-06-11
·cited 8×
The court held that Northeast Airlines had standing as a party in interest to complain of World Airways' Hawaii charter operations due to price competition, but erred in ordering the release of the security deposit posted for the injunction.
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409 F.2d 210·
5th Cir.·
1969-03-27
·cited 8×
The court held that the record was insufficiently developed to determine the reasonableness of the city ordinance limiting liquor licenses based on family ownership.
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218 So. 2d 504·
Fla. 3d DCA·
1969-01-28
·cited 8×
A landlord sought to evict commercial tenants through an unlawful detainer action in civil court, but the tenants obtained a temporary injunction from circuit court to restrain the eviction proceedings while they pursued a declaratory judgment action. The appellate court affirmed
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404 F.2d 467·
5th Cir.·
1968-11-25
·cited 8×
The court held that the denial of a stay pending arbitration was not appealable because the U.S. Arbitration Act does not apply in the Canal Zone, and Canal Zone law prohibits specific enforcement of arbitration agreements.
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400 F.2d 548·
5th Cir.·
1968-09-12
·cited 8×
The court held that the National Banking Act requires national banks to comply with state branching laws, and First National's services constituted branch banking under Florida law.
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213 So. 2d 449·
Fla. 3d DCA·
1968-08-20
·cited 8×
The City of Miami Beach appeals from a trial court judgment that invalidated a 1964 amendment to the city's occupational license tax ordinance on coin-operated laundry machine distributors. The appellate court reversed, holding that the city had constitutional authority to impose
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The court held that the district court erred in granting a preliminary injunction because the showing of likely success and irreparable harm was insufficient, and the public interest was not adequately considered.
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212 So. 2d 800·
Fla. 3d DCA·
1968-07-23
·cited 8×
A property owner challenged the dismissal of his class action complaint seeking to invalidate a city rezoning ordinance. The court affirmed the dismissal for failure to allege special damages but reversed the denial of leave to amend, holding that amendment should be freely grant
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212 So. 2d 308·
Fla. 3d DCA·
1968-07-02
·cited 8×
Milton Fried challenged Miami Beach's excise tax ordinance as an invalid duplication under Florida law. The trial court invalidated the ordinance and awarded Fried one dollar in recovery, but denied his requests for a permanent injunction and attorney fees. Both parties appealed,
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394 F.2d 8·
8th Cir.·
1968-04-24
·cited 8×
The court held that Bennett County cannot construct or maintain a road across allotted Indian land without permission from the Secretary of the Interior or acquiring the land through condemnation, as prior Congressional acts did not grant such rights over reserved Indian lands.
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A candidate for Florida House of Representatives who placed third in a special primary election sought a temporary injunction to prevent destruction of voting machine data and to compel a recount. The trial court denied the injunction and dismissed the complaint, and the appellat
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387 F.2d 498·
1st Cir.·
1968-01-10
·cited 8×
A federal court may not enjoin a state court proceeding in a personal action unless expressly authorized by Congress or necessary to protect its own jurisdiction or effectuate its judgments.
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387 F.2d 534·
5th Cir.·
1967-12-07
·cited 8×
The court held that the Alabama Dumas Act is unconstitutional as it violates the First Amendment by intruding into the internal affairs of a religious organization and interfering with its established policies and practices.
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In this appeal, the Hills challenged an injunction prohibiting them from maintaining a dike and well on their pasture bordering non-navigable Alligator Lake. The court reversed, holding that while lake shore owners cannot be completely cut off from lake access, the Hills retained
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The Town of Surfside appealed a permanent injunction preventing enforcement of its zoning ordinance against Nina Jane Andrews, who constructed a second dwelling on a lot smaller than required. The appellate court affirmed, holding that the zoning restriction as applied to Andrews
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This case involves an interlocutory appeal from a temporary injunction that restrained the defendant from engaging in a competing business for two years after August 1965. The appellate court affirmed the injunction, finding that the employment contract lacked a definite term, di
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364 F.2d 146·
9th Cir.·
1966-07-28
·cited 8×
The court held that the appellants (Webb Group) had no appealable interest in the judgment dismissing the Lytton Group from the action because the settlement preserved the rights and obligations of the remaining parties.
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187 So. 2d 923·
Fla. 4th DCA·
1966-06-16
·cited 8×
The Florida Securities Commission sought to enjoin and appoint a receiver over multiple loan companies and individuals for fraudulent securities practices. The court affirmed the trial court's denial of defendants' motion to dissolve the temporary restraining order and vacate the
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360 F.2d 53·
9th Cir.·
1966-03-30
·cited 8×
The court held that if claimants abandon all claims except one, the district court should dissolve the injunction to allow that single claim to proceed in state court.
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The court held that the denial of the motion to reopen was not arbitrary or an abuse of discretion, and the application to adduce additional evidence was denied.
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182 So. 2d 22·
Fla. 3d DCA·
1966-01-11
·cited 8×
Appellants sought to review an order dissolving a temporary injunction issued in their complaint against a bank. The court affirmed the dissolution, holding that the complaint failed to state a cause of action because appellants did not tender accrued interest into the court regi
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356 F.2d 103·
9th Cir.·
1965-12-20
·cited 8×
The court held that the undisputed facts established violations of the Securities and Exchange Act, entitling the SEC to an injunction.
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353 F.2d 34·
9th Cir.·
1965-10-28
·cited 8×
The court held that the patent to the mission did not carry an implied easement of access for the lessee's oil and gas drilling purposes, meaning the officers acted within their authority in barring access.
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351 F.2d 32·
7th Cir.·
1965-09-22
·cited 8×
The court held that the plaintiff's complaint did not present a basis for equity to intervene and restrain a pending criminal prosecution.
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349 F.2d 71·
5th Cir.·
1965-07-22
·cited 8×
The court held that the Superintendent of Banks is a proper party to bring an action against a national bank for alleged violations of state branching laws, as federal law incorporates state law for national bank branching.
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342 F.2d 298·
5th Cir.·
1965-03-16
·cited 8×
The court held that a dispute concerning the railroad's failure to maintain safe working conditions constitutes a 'minor dispute' under the Railway Labor Act, over which the district court has jurisdiction to enjoin a strike.
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172 So. 2d 262·
Fla. 2d DCA·
1965-02-24
·cited 8×
Midstate Hauling Company appealed a chancellor's order requiring it to pay equipment lessees the full amounts due under their contracts, despite Midstate's attempt to enforce forfeiture and non-compete clauses. The court affirmed, holding that Midstate could not unilaterally chan
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168 So. 2d 766·
Fla. 2d DCA·
1964-11-20
·cited 8×
Neighborhood property owners appealed an order dismissing their complaint seeking to enjoin a city's enforcement of a rezoning ordinance. The court held that the city's rezoning of five lots to C-3 and two lots to C-1 (both more restrictive than requested) did not violate procedu
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The court held that the appeal presented nothing for review due to the absence of a specification of errors in the appellant's brief.
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The court held that the district court should determine the application of the 'freezing principle' on final hearing, not on a preliminary injunction application, and found no basis to put the district court in error for its refusal.
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166 So. 2d 488·
Fla. 2d DCA·
1964-07-17
·cited 8×
The Professional Golfers Association appeals from a mandatory injunction requiring it to continue occupying and operating a golf course and clubhouse pending completion of a purchase agreement with Bankers Life and Casualty Company. The appellate court reversed the injunction, fi
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The court held that the district court abused its discretion by entering a partial final judgment under Rule 54(b) when the counts were functionally identical.
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324 F.2d 3·
3d Cir.·
1963-10-23
·cited 8×
The court held that a dismissal with prejudice in an interpleader action bars a subsequent tort claim by a claimant against the plaintiff for improperly filing the interpleader suit, as the issue of good faith was implicitly decided.
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155 So. 2d 699·
Fla. 1st DCA·
1963-08-20
·cited 8×
The court held that marketing recombined or reconstructed milk products, including chocolate milk, chocolate milk drink, buttermilk, and cultured buttermilk, made from powdered milk and water, violates Florida Statutes Chapter 502.
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The court held that the value of the plaintiff's goodwill, not just actual damages, can establish the jurisdictional amount in a diversity case, and that the district court did not abuse its discretion in granting a preliminary injunction under the Pennsylvania Fair Trade Act.
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The court held that intervenors, as owners of trade secrets, have a right to intervene in an action where those secrets are subject to court control and risk of disclosure, and that such intervention is ancillary and does not require an independent basis for federal jurisdiction.
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The court held that a party can waive its right to arbitration through undue delay and failure to appeal a prior denial of a stay, even if the underlying dispute is arbitrable.
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317 F.2d 123·
D.C. Cir.·
1963-02-07
·cited 8×
The court held that the District Court properly dismissed the complaint because the suit was in substance against the United States, which had not consented to be sued, thus implicating sovereign immunity.
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147 So. 2d 11·
Fla. 3d DCA·
1962-12-04
·cited 8×
The court held that an oral agreement for a business venture involving furniture design and distribution, where performance could extend beyond one year, falls within the Statute of Frauds and must be in writing.
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The court held that the denial of a preliminary injunction was not an abuse of discretion, but the striking of certain paragraphs from the complaint was improper and those allegations should be considered at a full hearing.
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143 So. 2d 676·
Fla.·
1962-07-11
·cited 8×
The Florida Supreme Court upheld the validation of $2.6 million in Lee County Road Revenue Bonds issued by the Florida Development Commission, rejecting the State's argument that pari passu (equal-ranking) bonds conflict with enabling legislation and resolving the constitutional
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303 F.2d 814·
5th Cir.·
1962-06-22
·cited 8×
The court affirmed the denial of an injunction, finding that while violations occurred, the defendants' compliance during the extended continuance period made an injunction inappropriate.
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140 So. 2d 621·
Fla. 2d DCA·
1962-05-02
·cited 8×
A Florida developer challenged a county's zoning decision that classified their property as B-1 (neighborhood business) when all surrounding similar property was classified B-2 (community business). The court found the county's decision arbitrary and unreasonable, lacking any rat
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299 F.2d 50·
3d Cir.·
1962-01-23
·cited 8×
The court held that a stay of deportation may be withheld solely upon the basis of undisclosed information, and that such a decision is not arbitrary or capricious.
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The court should have granted a preliminary injunction against an investment adviser who profited by secretly trading in stocks they recommended to clients.
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135 So. 2d 442·
Fla. 3d DCA·
1961-12-11
·cited 8×
The court held that a contract for transportation between a county airport and 'all points' within the county exceeds statutory authority, which limits such contracts to 'designated points'.
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Trumbull Chevrolet sought injunctive relief and mandated issuance of motor vehicle title certificates by Florida's Motor Vehicle Commissioner. The appellate court reversed the trial court's mandatory injunction requiring immediate title issuance, finding the trial court lacked a
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132 So. 2d 767·
Fla. 3d DCA·
1961-09-07
·cited 8×
The City of Miami appealed an injunction preventing collection of an occupational license tax from apartment building owner Abe Schonfeld. The court held that Schonfeld was not engaged in the business of operating apartment houses because he delegated actual management to an inde