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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517 So. 2d 70·
Fla. 3d DCA·
1987-12-15
·cited 6×
Condominium unit owners appealed a trial court judgment upholding the Casa Solana Condominium Association's authority to levy a special assessment for building repairs without a unit owner vote. The court affirmed, holding that the Association's Board properly exercised its busin
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The court held that while a plaintiff's likelihood of success on the merits was supported by the record, the district court erred in finding irreparable harm to the plaintiff without sufficient affirmative evidence, thus reversing the preliminary injunction.
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The court affirmed the district court's order compelling arbitration, finding that the appellants failed to present an adequate basis to oppose or vacate the order despite procedural irregularities.
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The court affirmed the denial of a preliminary injunction, holding that the appellants failed to demonstrate irreparable injury from being required to answer questionnaires.
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513 So. 2d 798·
Fla. 4th DCA·
1987-10-14
·cited 6×
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A stay pending judicial review of an ICC abandonment order is not essential to preserve shippers' ability to seek relief, as a favorable court decision can restore the status quo.
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827 F.2d 260·
7th Cir.·
1987-08-27
·cited 6×
The court held that it lacked jurisdiction to hear the appeal because the order dismissing the judge was not a final order and did not meet the criteria for a collateral order appeal.
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The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a sufficient likelihood of success on the merits and the harm to the university outweighed the harm to the plaintiff.
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825 F.2d 216·
9th Cir.·
1987-08-17
·cited 6×
The court held that while the notation rule was properly applied to void the mining claim, the district court erred by not addressing the underlying validity of the Public Land Order that created the withdrawal.
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512 So. 2d 974·
Fla. 2d DCA·
1987-07-31
·cited 6×
Two directors of a dissolved corporation seek review of an injunction preventing them from collecting a judgment in a related case. The appellate court reversed, holding that the trial court lacked authority to issue the injunction without proper pleadings, notice, or an underlyi
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824 F.2d 1132·
D.C. Cir.·
1987-07-24
·cited 6×
The court held that the claims against the Department of Health and Human Services were moot due to the expiration of grants and contracts, and that the claims against the Department of the Interior required exhaustion of administrative remedies. The court affirmed the district c
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The court reversed the preliminary injunction because the district court failed to timely issue findings of fact and conclusions of law and attempted to do so after losing jurisdiction.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the evidence supported the finding that the picketing was not a dispute over representation under the Railway Labor Act.
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The court affirmed the denial of a preliminary injunction, holding that the appellant had no chance of success on the merits in enjoining a letter of credit drawdown.
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The appeal from the preliminary injunction is dismissed as moot because the injunction expired by its own terms and the subsequent permanent injunction was not timely appealed.
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The court held that a union's trusteeship imposed for correcting a local union's violation of the international constitution and federal labor laws was validly imposed and enforceable by injunction.
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The court held that Illinois' blanket denial of bail to arrested parole violators pending their final revocation hearing likely violates the Due Process Clause of the Fourteenth Amendment.
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Venue is improper in the Eastern District of Arkansas because the defendants were not 'doing business' there under the commerce clause standard, nor did the claim arise there.
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The court should abstain from deciding the constitutional issue to allow Illinois courts to interpret the state statute, which could resolve the case without constitutional adjudication.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the Mercury Road stretch within the NTS is a nonpublic forum, and the DOE's regulations were reasonable and viewpoint-neutral.
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The court held that the NTSB did not abuse its discretion in denying the estate's representative participation in the engine teardown investigation, nor did it violate due process.
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804 F.2d 338·
5th Cir.·
1986-11-17
·cited 6×
The court held that the district court did not err in staying the declaratory judgment action pending arbitration and in refusing to enjoin the separate action to compel arbitration.
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The court held that a wholesale beer distributor's intentional sale of overage beer, with fraudulent repackaging and false dating, constituted a breach of the distribution agreement justifying immediate termination, and that such conduct barred the distributor from seeking equita
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803 F.2d 1228·
1st Cir.·
1986-10-28
·cited 6×
The Railway Labor Act (RLA) does not override the Norris-LaGuardia Act to permit enjoining secondary picketing by a labor organization that has exhausted RLA procedures for a major dispute.
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The appeal of the denial of a preliminary injunction is dismissed as moot because the challenged ordinance was amended during the pendency of the appeal.
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805 F.2d 88·
3d Cir.·
1986-10-27
·cited 6×
The court held that the power-sale agreement between WAPA and CEC did not violate Virgin Islands conflict of interest or competitive bidding statutes, and thus the agreement was valid.
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802 F.2d 1046·
8th Cir.·
1986-10-08
·cited 6×
The student teacher training program neither advances religion nor excessively entangles the state with religion.
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803 F.2d 57·
2d Cir.·
1986-10-06
·cited 6×
The court held that candidates are precluded from relitigating constitutional issues already decided by state courts, and the statute is a reasonable election regulation.
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799 F.2d 1445·
11th Cir.·
1986-09-22
·cited 6×
The dissenting judge holds that the contract's foreclosure notice provision is inconsistent with the DIDMCA and prior case law, and therefore the creditor is not entitled to federal preemption of state usury laws.
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799 F.2d 925·
4th Cir.·
1986-09-04
·cited 6×
A district court's order transferring a case to the Claims Court under 28 U.S.C. § 1631, based on a finding of lack of jurisdiction, is a final and appealable order.
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A union may call a concerted work stoppage under FRSA § 10(b) when hazardous working conditions result from a system-wide failure to provide adequate protection, and the district court lacked jurisdiction to determine compliance with notice provisions, which must be resolved by t
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The court affirmed the district court's preliminary injunction, modifying it to ensure equal treatment of all bidders and requiring specific disclosures.
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The court held that the transfer of unrepresented aliens to detention facilities outside the San Francisco District does not, standing alone, constitute a deprivation of statutory privilege or due process rights, and thus does not warrant judicial intrusion into the Attorney Gene
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The court affirmed the dismissal of the appeal from a non-final order but vacated the award of attorney fees against the appellant.
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The court held that the respondents failed to show good cause for their untimely answer and that the Board's finding of alter ego status was supported by substantial evidence.
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The court held that the bankruptcy automatic stay already enjoins tax collection, rendering the injunction request moot, and that damages claims are unripe pending resolution of tax liability in bankruptcy proceedings.
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The appeal from the preliminary injunction is dismissed as moot because the underlying contract has been fully performed, rendering the injunction's purpose unachievable.
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791 F.2d 463·
6th Cir.·
1986-05-28
·cited 6×
The court held that the City waived its right to seek abstention by failing to actively pursue the issue. The procedural safeguards of the ordinance were deemed adequate.
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The court held that the district court applied the wrong legal standard for determining copyright infringement by photographs of choreography, and remanded for reconsideration.
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The court reversed a temporary injunction against a developer's use of a private road, holding that the developer's platted easement for ingress and egress was valid and the homeowner's association failed to establish the prerequisites for injunctive relief.
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The court held that the farmer's extensive wetland alteration activities, aimed at converting them to farmland, were not exempt from Clean Water Act permit requirements and affirmed the preliminary injunction.
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The court held that the Norris-LaGuardia Act did not deprive the district court of jurisdiction to hear the case, but affirmed the dismissal for failure to state a claim because ERISA's exception for reversion of excess pension funds applied.
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The court held that employees complying with IRS tax levies are immune from liability, and the appeal based on meritless arguments against income tax laws is frivolous.
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The district court did not err in excluding evidence of commercial bribery as a defense to a preliminary injunction.
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781 F.2d 381·
5th Cir.·
1985-12-27
·cited 6×
The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
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480 So. 2d 631·
Fla.·
1985-12-19
·cited 6×
The Florida Supreme Court held that Article VIII, Section 1(g) of the Florida Constitution permits charter counties to enact regulatory preemption ordinances that override conflicting municipal ordinances without requiring the dual referenda mandated by Article VIII, Section 4, d
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The court held that the government was not required to file its claim for past Medicare overpayments as a compulsory counterclaim in the prior injunction action, and that collateral estoppel applied to preclude relitigation of the issue of whether the services provided constitute
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779 F.2d 181·
4th Cir.·
1985-11-25
·cited 6×
A city ordinance establishing a racial set-aside for public contracts is invalid because the city lacked state authority to enact it and failed to make adequate factual findings to justify the racial classification under federal law.
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The court held that the district court did not abuse its discretion or rely on an erroneous legal premise in denying the preliminary injunction, as the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits of their NEPA and APA claims.
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