5,622 Florida cases classified under this topic, plus 6,128 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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A sympathy strike in support of sister unions, even if it violates a no-strike clause, is not subject to a Boys Markets injunction pending arbitration of the dispute over the strike's legality.
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352 So. 2d 924·
Fla. 2d DCA·
1977-11-30
·cited 6×
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The court held that the denial of class certification and preliminary relief without an evidentiary hearing was improper.
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The court held that the state's regulation prohibiting nude dancing in establishments licensed to sell liquor is facially constitutional, and its application to the appellant's establishment was permissible under the Twenty-first Amendment, even if the dancing had some expressive
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The court held that a case or controversy existed despite a preliminary injunction in a related case, allowing the FOIA litigation to proceed.
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The court held that the district court erred in dismissing the complaint without making findings on whether reasonable regulations could accommodate plaintiffs' First Amendment rights and the Transit Authority's safety concerns.
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The court held that the Union failed to make a clear showing of probable success on the merits or sufficiently serious questions to warrant a preliminary injunction against Taylor Law fact-finding proceedings.
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The court held that the denial of a preliminary injunction was not an abuse of discretion, as the appellant failed to demonstrate a probability of success on the merits regarding procedural due process claims.
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555 F.2d 18·
2d Cir.·
1977-04-27
·cited 6×
A federal court lacks jurisdiction to enjoin a union from organizing employees not covered by the Labor-Management Relations Act, as such activity falls under the broad definition of a 'labor dispute' protected by the Norris-LaGuardia Act.
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A Chapter X bankruptcy court may enjoin proceedings in another court involving the Chapter X debtor or trustee to protect its jurisdiction, but enjoining another court itself, rather than the litigants, is an extraordinary measure to be used only in exigent circumstances and is g
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340 So. 2d 1281·
Fla. 3d DCA·
1977-01-04
·cited 6×
A mobile home park owner challenged two rent control ordinances passed by the Town of Medley, seeking declaratory judgment, injunction, and other relief. The lower court granted the town's motion for directed verdict without rendering declaratory relief, and the appellate court r
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The court held that the statute does not abridge First and Fourteenth Amendment protections because it does not deny the press access to information available to the general public.
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541 F.2d 710·
8th Cir.·
1976-08-31
·cited 6×
An individual who is the president, sole stockholder, and chief executive of a corporation can be held individually liable for violations of a Federal Trade Commission cease and desist order issued against the corporation, even if they made some efforts to ensure compliance.
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The court held that the district court did not abuse its discretion in denying preliminary injunctive relief.
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The court held that the district court did not err in abstaining from hearing the utility company's claims, but that abstention was not appropriate for plaintiff Pheils' separate claims.
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William Sadowski, a candidate for the Florida House of Representatives, appealed the denial of his motion for a preliminary injunction against Florida Statute § 106.15, which prohibits certain campaign advertising by candidates before they officially qualify for office. The court
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The denial of a preliminary injunction is affirmed because the moving party did not demonstrate a strong likelihood of prevailing on the merits, despite a recent Supreme Court decision impacting the analysis. The matter is remanded for trial.
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529 F.2d 645·
10th Cir.·
1976-01-26
·cited 6×
The court held that applicants acquired no property interest in unperfected permit applications and that Order 2952 was a valid exercise of administrative discretion not subject to APA requirements.
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530 F.2d 937·
C.C.P.A.·
1975-12-03
·cited 6×
The court granted appellants' motions to expedite the appeal and to enjoin further proceedings, ordering a stay of the Commission's hearing pending disposition of the appeal.
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A single district judge cannot abstain from deciding matters of state law when a substantial constitutional question is raised, as this requires a three-judge court.
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The court held that the Anti-Injunction Statute bars suits to restrain tax collection, and the taxpayer's claims did not meet the exceptions for such injunctions.
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The Florida Bar sought an injunction against David H. Flowers for unauthorized practice of law, specifically for filing immigration forms and providing immigration-related services without being a licensed attorney. The court granted the Bar's motion for judgment on the pleadings
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523 F.2d 424·
10th Cir.·
1975-09-19
·cited 6×
The court held that the defendant's good faith adoption and use of the 'Value House' name in its market area, prior to the plaintiff's federal registration and without knowledge of the plaintiff's use, precluded infringement claims under the Lanham Act and common law, despite the
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The employer is not obligated to withdraw employees from designated areas if the mine committee's recommendations of imminent danger were not made in good faith.
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315 So. 2d 481·
Fla. 1st DCA·
1975-06-30
·cited 6×
Plaintiffs sought to enjoin Santa Rosa Island Authority from violating a state law requiring adoption and approval of a land use plan before entering into lease agreements. The court affirmed dismissal of the complaints because plaintiffs failed to comply with statutory prerequis
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The court held that payments made to Alaska Natives pursuant to the Alaska Natives Claims Settlement Act should not be considered 'resources' for determining eligibility for food stamp assistance.
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The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
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516 F.2d 853·
8th Cir.·
1975-05-28
·cited 6×
A dismissal of a direct state criminal appeal by the Supreme Court for want of a substantial federal question is an actual adjudication that precludes subsequent federal habeas corpus relief and binds lower federal courts for three-judge court consideration.
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313 So. 2d 57·
Fla. 3d DCA·
1975-05-13
·cited 6×
The Florida High School Activities Association appealed a trial court judgment declaring student Aaron Bryant eligible to participate in basketball despite the Association's four-year eligibility rule. The appellate court affirmed the trial court's finding that Bryant qualified a
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511 F.2d 611·
5th Cir.·
1975-04-18
·cited 6×
The court held that the employer's attempt to relitigate the union's certification in district court was barred by res judicata and that the district court correctly dismissed the action for lack of subject matter jurisdiction.
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Adjoining landowners on Black Creek disputed surface water drainage. Appellants filled their land, blocking natural water flow from appellees' property, causing standing water. The trial court ordered appellants to restore drainage via removal of fill or construction of a ditch/d
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The court reversed a temporary injunction because the trial court failed to require the plaintiff to post bond as mandated by Rule 1.610(b) RCP, but allowed reinstatement upon proper bonding.
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512 F.2d 1241·
4th Cir.·
1975-03-04
·cited 6×
The court held that while plaintiffs' claims for injunctive relief were barred by the doctrine of unclean hands, their claims for declaratory relief were not and must be adjudicated on the merits. The district court's dismissal of the declaratory judgment claims was reversed.
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308 So. 2d 613·
Fla. 1st DCA·
1975-02-14
·cited 6×
Buchanan Construction appealed from a directed verdict granted in favor of the City of Tallahassee in a property damage case. The court reversed, holding that Buchanan had presented a prima facie case sufficient to require the trial court to consider both parties' evidence rather
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The court held that the district court's order granting a preliminary injunction was not a final judgment and that the district court did not abuse its discretion in issuing the injunction.
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Royal Standard Corporation obtained a temporary injunction without notice restraining sellers from using performance bonds related to a land sale contract dispute. The Third District Court of Appeal affirmed the denial of the sellers' motion to dissolve the injunction but remande
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The court held that a federal court injunction should have been issued to prohibit Oklahoma probate court proceedings seeking retroactive approval of a deed from an Indian grantor, as the state court cannot approve a conveyance over the grantor's objection.
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506 F.2d 243·
D.C. Cir.·
1974-10-17
·cited 6×
The court held that the Small Business Administration Administrator's actions were within the scope of his authority, and the plaintiff failed to demonstrate standing or meet the burden for a preliminary injunction or declaratory judgment.
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501 F.2d 939·
5th Cir.·
1974-10-04
·cited 6×
The court held that the district court's dismissal must be vacated and remanded for reconsideration in light of recent Supreme Court decisions on prisoner mail processing.
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The court held that a taxpayer subject to a quick termination of their tax period under § 6851 is entitled to an injunction against assessment and collection if the IRS fails to issue a deficiency notice, and may also prove the assessment was arbitrary and capricious.
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The court held that the prior decision of a three-judge court precluded the carriers from challenging the validity of the ICC's refund order, and that Section 16(2) of the Interstate Commerce Act, incorporated into Part II, provided a statutory cause of action for shippers to enf
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The court held that performing legal services as an Assistant State Attorney without being licensed as a Florida attorney constitutes the unauthorized practice of law.
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300 So. 2d 683·
Fla.·
1974-07-17
·cited 6×
The Florida Supreme Court held that a non-lawyer's sale of a pre-packaged "Divorce Kit" with forms and detailed instructions for obtaining a no-fault divorce constitutes unauthorized practice of law, despite the publisher's argument that it is merely a legal forms publication. Th
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The district court had the equitable power to modify its injunction to reflect the original intent and account for delays caused by the appellants' stays, and this modification did not violate Rule 60(b)(5).
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The court held that the district court's orders interfering with administrative proceedings were invalid and improperly granted, and that the appeal concerning intervention was moot.
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The court held that the denial of a preliminary injunction was not an abuse of discretion, and only that denial is presently reviewable.
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290 So. 2d 576·
Fla. 1st DCA·
1974-01-10
·cited 6×
Ship & Shore, a motor vehicle distributor licensed to distribute British Leyland vehicles in six southeastern states, sought to enjoin Leyland from refusing to renew their distributor agreement without complying with Florida Statute 320.641, which requires 90 days' notice before
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The court held that the district court did not err in granting a preliminary injunction, adjudging the Union in civil contempt, and imposing fines, as the CLC regulations had a rational basis and the Union violated court orders.