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 sufficient controversy exists for jurisdiction when a licensee challenges patent validity, and an escrow arrangement for post-challenge royalties is an equitable and practical solution pending determination.
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The court approved the settlement agreement, finding it fair, reasonable, and in the best interests of the plaintiff class, and dismissed claims related to prison overcrowding.
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The court held that attorney fees awarded under Section 7 of the Norris-LaGuardia Act are limited to the amount of the injunction bond posted, and since a zero bond was posted for the improperly issued TRO, no attorney fees could be awarded.
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The court held that the FDA's rulemaking process, proceeding under § 403(a) rather than § 403(j), was not so plainly beyond its powers as to warrant pre-enforcement judicial intervention, and that the meeting of the ad hoc advisory group violated the Federal Advisory Committee Ac
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366 So. 2d 469·
Fla. 4th DCA·
1979-01-03
·cited 7×
The Florida Department of Agriculture appealed a trial court's injunction against enforcement of regulations requiring the Coggins Test (AGID) for detection of Equine Infectious Anemia in horses. The appellate court reversed, holding that courts lack authority to second-guess adm
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The court held that the modified preliminary injunction generally conformed to prior guidelines and was appropriate, but modified certain overly restrictive provisions.
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The trial court did not err in issuing a preliminary injunction to ensure constitutionally adequate inmate access to the courts.
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Gulf Power Company sought a mandatory injunction to remove wrecked cars stored on its transmission line easement. The trial court denied the injunction, finding the cars readily removable and the Glasses' use inconsistent with Gulf Power's rights only if they failed to promptly r
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The court held that 15 U.S.C. § 634(b)(1) prohibits injunctions against the SBA and its agents, thus affirming the lower court's decision to dissolve the TRO and dismiss the complaint.
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556 F.2d 1274·
5th Cir.·
1977-08-03
·cited 7×
The First Amendment does not guarantee the press a constitutional right of special access to information not available to the public generally, and therefore does not require the state to permit filming of executions.
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339 So. 2d 236·
Fla. 3d DCA·
1976-10-12
·cited 7×
This case, a companion to Lifschitz v. City of Miami Beach, Florida, involved luxury apartment building owners challenging Miami Beach's Rent Stabilization Law. The court affirmed the lower court's dismissal of the action, finding the rent control law constitutionally applicable
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The court held that 19 U.S.C. § 1862(b) does not grant the President the substantive authority to impose license fees of the magnitude at issue, as it is limited to direct import controls.
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Publix sought to fill approximately ten acres of water-filled phosphate pits on its Polk County property to develop a shopping center. The trial court enjoined the development based on riparian rights principles applicable to natural lakes. The appellate court reversed, holding t
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509 F.2d 1236·
2d Cir.·
1975-01-07
·cited 7×
The court affirmed the district court's dismissal, holding that the FDA's proposal to withdraw approval was not barred by res judicata and that plaintiffs had not exhausted administrative remedies.
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The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
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Bemas Corporation appealed a temporary injunction prohibiting operation of a borrow pit on its Jacksonville property under the newly enacted zoning ordinance. The court reversed, finding that the borrow pit operation was commenced and actively operating before the October 1, 1972
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The court held that the employer violated the Military Service Act by failing to reinstate the veteran to his prior position and that the veteran was entitled to a hearing on his claim for damages.
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486 F.2d 894·
6th Cir.·
1973-05-30
·cited 7×
A federal court cannot compel a state to permit the exhibition of obscene sexual material for profit on state property.
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276 So. 2d 211·
Fla. 4th DCA·
1973-04-17
·cited 7×
In this divorce case, the Fourth District Court of Appeal reversed several provisions of the trial court's judgment that improperly required the wife to transfer her interest in jointly-owned real property, imposed future attorney's fees conditions, and attempted to regulate the
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The court held that the labor dispute provision of 8 C.F.R. § 211.1(b)(1) is invalid because it is not rationally related to the administration of the Immigration and Naturalization Act.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction against a distributor for unfair competition and trademark infringement by substituting non-Pic products for orders referencing Pic's name or catalog numbers.
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244 So. 2d 560·
Fla. 3d DCA·
1971-01-05
·cited 7×
Appellants leased racing Greyhounds from appellee under an oral agreement to pay 35% of purse winnings. When the lessor reclaimed the dogs without permission, lessees sought specific performance. The trial court denied relief, characterizing the agreement as an unenforceable join
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433 F.2d 292·
7th Cir.·
1970-07-08
·cited 7×
The court held that the plaintiffs failed to prove racial discrimination in the school district's site selection, bussing policies, or the use of Confederate symbols, and thus affirmed the district court's judgment.
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The court held that the trial judge did not abuse his discretion in denying a temporary injunction, as the balance of convenience did not warrant interlocutory relief.
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231 So. 2d 257·
Fla. 3d DCA·
1970-02-03
·cited 7×
The court held that the city's use of property as a park and installation of floodlights were permissible, but the judgment was modified to allow future claims if the lights or park use constitute a nuisance.
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The court held that the trial court erred in summarily dismissing the anti-trust suit during a hearing for temporary injunction.
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The court denied the city's petition for a constitutional writ to clarify the effect of its supersedeas, finding the city had not made a sufficient showing to justify such relief.
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The Court declined to disturb its prior ruling in Cooperman v. West Coast Title Company, and issued an injunctive order consistent with that precedent.
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176 So. 2d 574·
Fla. 3d DCA·
1965-06-15
·cited 7×
Smalleylogics Corporation sought to enjoin Dade County from canceling its airport use permit, claiming it had a vested non-conforming use right in a 30-acre parcel. The court affirmed dismissal of the complaint, holding that the airport operator's conversion of its original non-c
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171 So. 2d 25·
Fla. 1st DCA·
1965-01-19
·cited 7×
Landowners sought an injunction to prevent the State Road Department from constructing a new bridge across an inland waterway, claiming it would impair their riparian rights. The court held that while the bridge restricts public navigation rights, it does not impair the owners' r
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The court granted a stay of the Board's order, finding sufficient merit to justify preserving the status quo pending final review.
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161 So. 2d 558·
Fla. 2d DCA·
1964-02-21
·cited 7×
Central Theatres challenged a temporary restraining order issued without bond that prohibited showing the film "Blood Feast" as an alleged public nuisance. The court held that while courts have discretion regarding bond requirements, a bond must generally be required when the def
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156 So. 2d 752·
Fla. 2d DCA·
1963-10-09
·cited 7×
Burkart v. City of Fort Lauderdale addresses riparian rights in submerged lands fronting a dedicated public street. The court held that when a public street is platted to abut navigable waters, the dedication of the street to the public operates to relinquish the abutting landown
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140 So. 2d 321·
Fla. 3d DCA·
1962-04-23
·cited 7×
Frates, a partner in a law partnership, sought injunctive relief and an accounting after another partner was forced out and he subsequently withdrew. The court affirmed the chancellor's decree denying relief, holding that Frates's withdrawal was voluntary under the partnership ag
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The court held that a mandatory injunction pending appeal should not be granted when it would provide the ultimate relief sought and there is doubt about the appellant's ultimate success.
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New Deal Cab Company sought declaratory relief and an injunction to prevent William Bernard Langley from operating taxicabs in Jacksonville without a city permit. The court reversed the summary judgment, holding that a holder of a state Master Permit may operate taxicabs with inc
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130 So. 2d 894·
Fla. 3d DCA·
1961-05-25
·cited 7×
North Dade Water Company and the City of North Miami Beach discharged sewage effluent from a treatment plant into lakes owned by Adken Land Company, creating a private nuisance and trespass. The trial court permanently enjoined this discharge, and the appellate court affirmed, ho
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113 So. 2d 569·
Fla. 2d DCA·
1959-07-08
·cited 7×
Anderson sought an injunction to prevent the Town of Groveland from taking land he claimed to own, which was platted as a street. The trial court dismissed his fourth amended complaint for failure to state a cause of action, but the appellate court reversed, holding that the comp
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113 So. 2d 239·
Fla. 2d DCA·
1959-06-19
·cited 7×
Sunnybrook Groves appeals a decree granting appellees a prescriptive easement over a dirt road that provides the only access to their property. The court affirms the finding of a prescriptive easement but reverses and remands regarding the specificity of the easement's dimensions
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109 So. 2d 33·
Fla. 3d DCA·
1959-02-19
·cited 7×
The City of North Miami appealed from a preliminary injunction preserving the status quo in a mandamus action brought by police officers challenging the city's transfer of police functions to county government. The appellate court affirmed the injunction as within the circuit cou
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A court of equity, having acquired jurisdiction in good faith, may award monetary damages even if equitable relief becomes impossible or inequitable due to subsequent events, and a landlord is liable for damages caused by an independent contractor's work that necessarily interfer
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The court held that the District Court lacked jurisdiction to enjoin the state court proceeding due to the prohibition in 28 U.S.C. § 2283, as the Board failed to meet any of the statutory exceptions.
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83 So. 2d 598·
Fla.·
1955-11-16
·cited 7×
The Town of Flagler Beach sought to build a recreation building on publicly dedicated land. The Florida Supreme Court reversed an injunction against construction, holding that a recreation building is consistent with the land's dedication for public recreation purposes and that t
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77 So. 2d 245·
Fla.·
1955-01-07
·cited 7×
The Florida Supreme Court affirmed dismissal of a bill seeking injunctive relief and damages against the Town of Lantana for threatening to remove ornamental markers. The court held that the town lacked charter authority to allow the use of public property for the private purpose
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66 So. 2d 811·
Fla.·
1953-07-28
·cited 7×
The Florida Supreme Court upheld the constitutionality of Florida's Transportation Act of 1931, which grants the Railroad and Public Utilities Commission authority to regulate motor carriers. The court rejected petitioners' constitutional challenges to the statute and a Commissio
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D.D.C.·
1951-11-15
·cited 7×
The court held that the Secretary of the Interior's rejection of Santa Fe's land selections was plainly wrong and that Santa Fe was entitled to patents for the lands sold to Aztec, despite the release under the Transportation Act.
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191 F.2d 154·
9th Cir.·
1951-08-02
·cited 7×
California could validly cede exclusive federal jurisdiction over privately owned land within a national park, and the federal government has such jurisdiction.
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187 F.2d 219·
D.C. Cir.·
1951-02-08
·cited 7×
The court held that while an injunction to prevent relitigation of the same cause of action in a different federal court is proper, it should be a preliminary injunction pending the outcome of the first-filed suit, not a permanent one.
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180 F.2d 406·
D.C. Cir.·
1950-02-13
·cited 7×
The court held that the District Court had jurisdiction to issue an injunction preserving the status quo of stock that was the subject of litigation under the Trading with the Enemy Act.
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A federal court lacks the power to enjoin state court foreclosure proceedings when the state court has acquired jurisdiction over the res, even if the federal court's action is in personam.