5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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A district court lacks subject-matter jurisdiction to compel disclosure of intra-governmental communications during an ongoing administrative rulemaking proceeding when a specific statutory review process exists in the courts of appeals.
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445 F.2d 1045·
10th Cir.·
1971-05-11
·cited 54×
The court held that the district court's declaratory judgment was not justified as necessary to protect or effectuate a prior federal judgment, nor was the claim of judicial immunity sufficient for original federal jurisdiction.
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The concurring judge agrees that the case must be remanded due to the district court's narrow scope of review but disagrees with the majority's inclusion of the substantial evidence test for reviewing government employee discharges.
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The court held that the plaintiff's established trademark use of "Safeway" in the grocery business, which had acquired secondary meaning, entitled it to a preliminary injunction against the defendant's use of the same name in its real estate business due to the likelihood of publ
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127 So. 2d 98·
Fla.·
1961-01-18
·cited 54×
The Florida Supreme Court held that legal estoppel (estoppel by deed) can be invoked against the state when the state has executed a deed containing language that binds the grantor, despite the deed conveying property the state did not own. The court reversed the District Court o
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The court held that the trial court did not abuse its discretion in denying preliminary injunctive relief, but erred in dismissing certain counts of the complaint and dismissing one of the plaintiffs.
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114 So. 2d 784·
Fla.·
1959-09-16
·cited 54×
The Florida Supreme Court reversed a temporary restraining order blocking the City of Miami's systematic roadblock checks of drivers' licenses. The court held that periodic license inspections are a reasonable exercise of police power under Florida's licensing statutes and do not
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The court held that the temporary restraining order, even if improperly extended, was not an appealable interlocutory injunction and that the appeal was premature.
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37 So. 2d 692·
Fla.·
1948-11-19
·cited 54×
This case involves a challenge to a Florida statute that allocated horse racing dates based on tax revenue produced in the previous year. The court reviewed an order denying a motion to dismiss a complaint arguing the statute was unconstitutional. Ultimately, the court found the
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123 F.2d 558·
4th Cir.·
1941-11-10
·cited 54×
A federal court may refuse to exercise its declaratory judgment jurisdiction when a state court action involving the same parties and issues is already pending, especially if exercising jurisdiction would merely adjudicate defenses or encroach upon state court matters.
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112 Fla. 687·
Fla.·
1933-11-13
·cited 54×
Bond holders sought mandamus to compel Bay County to levy ad valorem taxes to pay outstanding interest on four series of county bonds issued between 1925 and 1927. The county refused to budget and levy taxes, claiming one bond series was invalid under constitutional notice requir
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71 Fla. 612·
Fla.·
1916-05-18
·cited 54×
The Florida Supreme Court upheld an injunction against payment of interest on $10,000 in school bonds issued by the City of Quincy, holding that while a validating statute cured irregularities in the bond issuance, a municipality lacks constitutional authority to issue bonds for
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The court held that the district court did not abuse its discretion in granting a preliminary injunction requiring the INS to provide competent translators, allow witness testimony, and particularize information on the I-696 form for SAW applicants.
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Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
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The court held that the district director's denial of stays of deportation was not arbitrary or capricious, as the statute does not require separate findings of a "particularly serious crime" and "danger to the community" when a conviction for a particularly serious crime is esta
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The court held that an injunction's scope is not overly broad simply because it benefits non-parties, and class certification is not required if class-wide relief is necessary to protect individual plaintiffs' rights.
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A preliminary injunction was properly granted under Section 43(a) of the Lanham Act because the toy manufacturer's deliberate copying of an iconic television show car created a likelihood of consumer confusion as to source or sponsorship, and such confusion causes irreparable har
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The court held that the district court abused its discretion in granting a preliminary injunction for reinstatement because the plaintiff's federal claims were unlikely to succeed on the merits and the state law claim could not support federal jurisdiction.
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374 So. 2d 461·
Fla.·
1979-06-07
·cited 53×
North Ridge General Hospital challenged a special legislative act annexing its property to the City of Oakland Park, arguing the notice and title were inadequate and the annexation denied equal protection. The Florida Supreme Court upheld the annexation, finding the notice suffic
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A post-termination hearing is sufficient to satisfy due process requirements, and mere loss of income or benefits does not constitute irreparable injury justifying injunctive relief.
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494 F.2d 1230·
2d Cir.·
1974-02-27
·cited 53×
The court held that the district court erred in issuing an injunction under § 10(l) because the union's picketing, aimed at securing a jobber's agreement in the garment industry, was protected by the § 8(e) proviso and did not violate § 8(b)(7)(C).
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The court held that the pendency of Labor Board proceedings does not preclude compelling arbitration under § 301, and procedural arbitrability issues are for the arbitrator.
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The Court of Appeals held that the District Court abused its discretion by denying a preliminary injunction to desegregate schools, and framed an injunction for the District Court to enter.
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The court held that the district court acted in accord with the Labor-Management Reporting and Disclosure Act of 1959 by granting a preliminary injunction against the use of union funds for officers' legal fees.
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103 So. 2d 628·
Fla.·
1958-06-11
·cited 53×
In this continuation of prior litigation between Berger and corporate officials regarding contested stock shares, the Florida Supreme Court dissolved an injunction that attempted to prevent enforcement of a peremptory writ in a mandamus proceeding. The Court held that an appellat
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59 So.2d 647·
Fla.·
1952-06-13
·cited 53×
The Supreme Court of Florida held that a county's acceptance of some streets in a platted subdivision constituted an acceptance of all streets shown on the plat, unless an intention to limit the acceptance was shown. This case clarifies that private conveyances of platted streets
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45 So.2d 681·
Fla.·
1949-07-05
·cited 53×
The court on rehearing reversed its prior decision, holding that a zoning ordinance was unreasonable and confiscatory as applied to the Firestone estate's land. The court found that changed circumstances and the land's economic value for hotel and apartment development justified
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In this commercial lease dispute, the Florida Supreme Court reversed an equity court's injunction that had restrained a lessor from recovering possession after the lessee demolished the leasehold improvements without first executing a required construction contract. The court hel
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128 Fla. 565·
Fla.·
1937-05-31
·cited 53×
The Florida Supreme Court upheld an excise tax on citrus fruit imposed under the Citrus Commission regulatory scheme, rejecting constitutional challenges that the tax was an invalid property tax, a burden on interstate commerce, or imposed for a private rather than public purpose
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918 So. 2d 431·
Fla. 4th DCA·
2006-01-25
·cited 52×
Richard Colucci appeals a preliminary injunction prohibiting him from competing nationwide for five years. The appellate court reversed, holding that Kar Kare Automotive Group failed to establish a legitimate business interest sufficient to support enforcement of the non-compete
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A local rule cannot authorize summary judgment on a record that does not support it under Rule 56, and a violation of a local rule requiring a response does not justify summary judgment if the moving party has not met its initial burden.
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The court held that the exhaustion doctrine does not apply to facial constitutional challenges to a statute when the administrative remedy cannot resolve the constitutional issues or provide factual findings for judicial review.
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The court held that the district court erred in granting a preliminary injunction because the OSHA inspection warrant was supported by administrative probable cause and was not overly broad. The district court improperly considered evidence not presented to the magistrate when re
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A federal court abuses its discretion by retaining pendent jurisdiction over novel and unsettled questions of local law after the federal claims have been dismissed, even if judicial economy would otherwise favor retention.
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The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as Megapulse's claim was not a disguised contract action barred by the Tucker Act but rather a valid claim under the Administrative Procedure Act for injunctive relief.
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The court held that the district court properly found the defendant in civil contempt for violating a prior injunction regarding inmate disciplinary procedures and appropriately ordered remedies, but modified the period for expungement of records.
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617 F.2d 537·
10th Cir.·
1980-02-22
·cited 52×
The court's majority opinion, which this concurrence supports, likely affirmed or reversed a lower court decision regarding tribal jurisdiction or powers, emphasizing the inherent sovereignty of Indian tribes.
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Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
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The court held that the determination of whether a picket line was primary, thus allowing employees to refuse to cross it under the collective bargaining agreement, was an arbitrable dispute, and a preliminary injunction was proper pending arbitration.
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466 F.2d 1309·
4th Cir.·
1972-09-11
·cited 52×
The court agrees that foreign relations are a political question, but the concurring opinion believes executive classifications of information should not be entirely insulated from judicial review.
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Sterling Village Condominium, Inc. appealed a trial court's denial of a mandatory injunction requiring unit owners to remove glass jalousies and restore screened enclosures. The appellate court reversed, holding that substituting glass jalousies for wire screening constitutes a m
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The court affirmed the summary judgment denying an injunction, but disagreed on the standing of one party to challenge the National Defense Reserve Fleet Act. The majority found the matter committed to agency discretion, while the dissent argued for broader standing based on inju
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212 So. 2d 365·
Fla. 4th DCA·
1968-06-27
·cited 52×
Greyhound obtained a temporary injunction preventing competitor Tamiami Trail Tours from operating bus service on the Sunshine State Turnpike. The appellate court reversed, holding that the injunction improperly disturbed the status quo and that Greyhound failed to demonstrate ir
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The court held that the Interstate Commerce Commission (ICC) should have primary jurisdiction to determine whether the Agricultural Transportation Association's (ATA) lease arrangements with owner-drivers meet the federal exemption for motor vehicles controlled and operated by ag
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332 F.2d 266·
9th Cir.·
1964-05-06
·cited 52×
The court held that an order staying proceedings pending arbitration is not a final judgment appealable under 28 U.S.C. § 1291, nor is it an appealable injunction under 28 U.S.C. § 1292(a)(1) when the underlying action is essentially in equity.
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The court held that interlocutory orders granting injunctions are appealable to the courts of appeals under 28 U.S.C. § 1292(a)(1), even in antitrust cases, unless a direct appeal to the Supreme Court is specifically provided.
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A landowner sought relief after a highway reconstruction project diverted surface waters onto his property, causing recurring flooding. The Florida District Court of Appeal affirmed dismissal based on res adjudicata, holding that the landowner's claims for consequential damages w
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The court held that it would not consider new evidence on rehearing and denied the petition for rehearing, clarifying its prior decision regarding the scope of arbitration and the stay of proceedings.