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
-
581 So. 2d 1294·
Fla.·
1991-06-13
·cited 7×
David Frankel, a Florida Bar member, challenged the Bar's lobbying positions on children's issues as exceeding its permissible scope under established guidelines. The Florida Supreme Court agreed, finding that positions on WIC expansion, Medicaid coverage, immunization, and relat
-
578 So. 2d 14·
Fla. 4th DCA·
1991-04-03
·cited 7×
The Court held that the District Court lacked jurisdiction to enjoin either administrative proceeding, as the Financial Institutions Supervisory Act of 1966 (FISA) expressly precludes such review, and the automatic stay provisions of the Bankruptcy Code do not apply to government
-
The court held that an injunction under the RICO Act cannot be issued against an innocent party, but a lis pendens and prejudgment attachment were properly granted.
-
The court held that appellants' constitutional claims failed due to lack of state action, and the union's post-Beck rebate procedures satisfied its duty of fair representation. The employer was not liable for the union's actions.
-
The court held that claims 15 and 16 of the '154 patent were not consonant with the claims elected in the parent application, thus rendering them invalid for obviousness-type double patenting, and affirmed the denial of a preliminary injunction.
-
Merrett sought a temporary restraining order to prevent her mother's husband from removing the mother from Florida and disposing of her assets in a guardianship competency proceeding. When the Florida court later dissolved the restraining order and denied Merrett's guardianship p
-
The court held that the plaintiff failed to establish a likelihood of confusion under the Lanham Act, and thus denied the motion for a preliminary injunction and granted summary judgment for the defendants on the federal claim.
-
The court held that plaintiffs lacked Article III standing to sue, and that the National Institutes of Health (NIH) had a sufficient interest to remove the case to federal court under 28 U.S.C. § 1442(a)(1).
-
The court held that welfare benefits do not automatically vest for life upon retirement and that the plan's language did not contractually obligate lifetime benefits. However, benefits for injuries or disabilities occurring before plan termination remain protected.
-
894 F.2d 127·
5th Cir.·
1990-01-31
·cited 7×
The court held that the district court's order prohibiting foreclosure proceedings was an injunction issued in violation of Fed.R.Civ.P. 65 and the Anti-Injunction Act, requiring reversal.
-
The court held that Whimsicality's misrepresentation of its costumes as 'soft sculptures' to the Copyright Office invalidated its copyright registrations, thus precluding an infringement action. The court also vacated the denial of attorney's fees to the prevailing defendant.
-
889 F.2d 1181·
1st Cir.·
1989-11-20
·cited 7×
The federal court correctly abstained from interfering with an ongoing state eminent domain proceeding under the Younger doctrine.
-
The court held that the Perishable Agricultural Commodities Act (PACA) does not grant private parties jurisdiction to seek injunctive relief, and that a prior injunction requiring the establishment of a trust bank account was improper. The court also found that while individuals
-
The Court of International Trade likely has exclusive jurisdiction over the action under 28 U.S.C. § 1581(i), and the district court should consider transferring the case to that court.
-
The crime-fraud exception applies to the attorney-client privilege and work product doctrine even when the alleged criminality is solely that of the law firm, but the district court's application of the exception was too broad.
-
544 So. 2d 230·
Fla. 1st DCA·
1989-04-14
·cited 7×
City councilmen sued Fort Walton Beach for reimbursement of attorney's fees incurred in defending themselves in various legal actions stemming from their dismissal of the city manager and police chief. The court affirmed the award to Councilman Grant, dismissed counts relating to
-
The court held that a dispute over the interpretation of a collective bargaining agreement, even if one party's interpretation seems implausible, is a minor dispute under the Railway Labor Act and falls within the exclusive jurisdiction of arbitration, not federal courts.
-
540 So. 2d 147·
Fla. 4th DCA·
1989-03-08
·cited 7×
Palm Beach County sought to create a unified health care district through consolidation of existing districts and conducted a voter referendum in November 1988. Opponents challenged both the ballot summary language as misleading and the county's expenditure of $50,000 to promote
-
A federal court cannot issue an injunction that stays or nullifies the effect of a state court proceeding or judgment, as this violates the Anti-Injunction Act.
-
The court held that it has jurisdiction to hear the case challenging the implementation of the SAW program, and granted the plaintiffs' motion for a preliminary injunction.
-
The court held that the plaintiff lacked standing to seek injunctive relief under the Medicare anti-fraud statute and that the district court erred in failing to recognize statutory authority to enjoin antitrust violations. The court affirmed the denial of injunctive relief for t
-
The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to demonstrate irreparable injury or a likelihood of success on the merits.
-
829 F.2d 1577·
11th Cir.·
1987-10-26
·cited 7×
The court held that offensive collateral estoppel could not be applied because the prior ruling on the moisture deduction issue was not crucial and necessary to the judgment in the prior case.
-
The court affirmed the district court's order granting a preliminary injunction, finding that the injunction was properly issued to protect the plaintiff's remedy and that the district court did not abuse its discretion.
-
The court held that the district court improperly applied the Petroleum Marketing Practices Act (PMPA) in denying interim injunctive relief and that the franchisee is entitled to a preliminary injunction.
-
The court held that the Ann Arbor ordinance does not impose a severe restriction on First Amendment free expression, but the district court abused its discretion in denying a preliminary injunction.
-
Bruce Henry appealed from a mandatory injunction prohibiting him from operating a marine construction business on residential property in violation of Putnam County's zoning ordinance. The court affirmed the finding of zoning violation but modified the injunction by striking prov
-
813 F.2d 702·
5th Cir.·
1987-04-06
·cited 7×
The court held that the foreclosure sale was valid because the automatic stay had expired, the debtor was not denied a required hearing, and the sale price was not grossly inadequate under Texas law.
-
809 F.2d 447·
7th Cir.·
1987-01-15
·cited 7×
The court held that an intervenor's failure to file a required pleading, coupled with the original parties' settlement, justified dismissal of the action, even over the intervenor's objections.
-
The court held that a plaintiff seeking a preliminary injunction to prevent the honoring of an international letter of credit must demonstrate irreparable harm, which was not shown here.
-
794 F.2d 1402·
9th Cir.·
1986-07-21
·cited 7×
The court held that the tribal court's order was void due to the United States' sovereign immunity and that the district court had jurisdiction to enjoin its enforcement.
-
The court held that the district court erred in not awarding receipts from sales at cost and in denying a permanent injunction, but did not err in refusing attorneys' fees.
-
A district court abuses its discretion by vacating a judgment in favor of a plaintiff who filed a Rule 59 motion solely to contest remedies, and entering judgment for the defendant who sought no post-judgment relief, especially after a significant delay.
-
The court held that attorney's fees are recoverable under ERISA for post-judgment collection efforts and that the district court erred in denying fees for a portion of those efforts.
-
A condominium association obtained a mandatory injunction requiring removal of a balcony enclosure erected without permission in 1983. The unit owner challenged this on grounds of unequal enforcement, arguing that the association's failure to remove pre-1981 enclosures made enfor
-
763 F.2d 1007·
8th Cir.·
1985-06-06
·cited 7×
The court held that the district court erred in enjoining the state court wrongful death action, as the claimants' stipulation preserved the vessel owners' right to limit liability.
-
760 F.2d 1034·
9th Cir.·
1985-05-17
·cited 7×
The court held that the district court did not abuse its discretion in denying the investors' motion to lift the receivership stay or to require the receiver to post a bond.
-
The trial court erred in issuing a preliminary injunction because the party seeking it failed to demonstrate irreparable injury and the circuit court exceeded its jurisdiction by enjoining an eviction action.
-
455 So. 2d 454·
Fla. 2d DCA·
1984-08-03
·cited 7×
The Florida District Court of Appeal affirmed a trial court judgment that a condominium association board had authority to construct a vertical seawall extension without unit owner approval because the work constituted necessary maintenance rather than an alteration requiring a v
-
447 So. 2d 1038·
Fla. 4th DCA·
1984-04-04
·cited 7×
-
446 So. 2d 1152·
Fla. 4th DCA·
1984-03-14
·cited 7×
The City of Hollywood appeals a summary judgment ordering reinstatement of a former community service officer with back pay. The court reversed, holding that the officer was not a law enforcement officer under Florida's Police Officers' Bill of Rights and that the circuit court l
-
445 So. 2d 1007·
Fla.·
1984-02-16
·cited 7×
The Florida Supreme Court held that a floor tax on alcoholic beverages in retail inventory imposed to prevent tax avoidance is an excise tax, not an unconstitutional ad valorem tax. The court reversed the trial court's injunction and upheld Section 17 of Chapter 83-349, Laws of F
-
725 F.2d 880·
2d Cir.·
1984-01-16
·cited 7×
The bankruptcy court has the power to authorize a trustee to appear in state court litigation concerning the estate's property, but the inclusion of punitive damages claims in such litigation may constitute an abuse of discretion.
-
The court held that a state court action seeking a declaratory judgment regarding arbitrability of a labor dispute is removable to federal court under § 301 of the LMRA, and that a prior state court decision denying a preliminary injunction does not preclude arbitration.
-
432 So. 2d 1332·
Fla. 4th DCA·
1983-04-27
·cited 7×
The City of Hollywood appealed a trial court judgment invalidating its zoning ordinance for a 92-acre beachfront parcel (North Beach), which imposed a 3,000-unit density cap, created single-family zoning in the eastern Control Zone, and offered transfer of development rights. The
-
The court held that the district court did not abuse its discretion in issuing a preliminary injunction reinstating the student, as grave questions of procedural due process were presented and the balance of hardships favored the student.
-
Appellant is a prevailing party for purposes of preliminary injunctive relief, and an award of attorneys' fees is appropriate. Costs are also allowed.
-
The court held that the district court had subject matter jurisdiction to hear the alien's claims regarding asylum denial and unlawful exclusion, even as a stowaway.
-
The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
-
Adoption Hot Line, Inc. challenged a permanent injunction prohibiting all advertising of adoption referral services. The court reversed, holding that the injunction violated the First Amendment because it was broader than necessary to prevent unlawful activity under Florida's ado