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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The court held that the district court's order granting broad injunctive relief and mandating a special shareholder meeting was improper, exceeding its equity powers and the scope of a preliminary injunction.
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81 So. 2d 637·
Fla.·
1955-04-29
·cited 52×
The Florida Supreme Court held that restrictive covenants limiting land use to residential purposes do not constitute compensable property rights when the land is acquired for public use, even if the public use violates the restrictions. The court reversed the lower court's injun
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157 Fla. 649·
Fla.·
1946-06-25
·cited 52×
The Florida Supreme Court affirmed a decision holding that a private corporation lawfully acquired title to filled-in submerged lands by exercising rights granted under Florida's 1921 riparian statute, and that a 1941 special legislative act attempting to divest the corporation o
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122 Fla. 350·
Fla.·
1936-01-10
·cited 52×
The Florida Supreme Court affirmed on rehearing consolidated cases involving a town's contract with a paving company and subsequent lien certificates. The Court held that while the contract was questionable, the Town of Boca Raton was effectively protected by a permanent injuncti
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The Florida Supreme Court reversed a permanent injunction that prevented Citizens State Bank from paying out a $580.50 deposit belonging to Henry Martin pending resolution of a breach of warranty suit. The court held that while purchase-price payments are not exempt from executio
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87 Fla. 336·
Fla.·
1924-04-04
·cited 52×
The Florida Supreme Court denied a receiver's motion to dismiss an appeal from orders fixing his compensation, holding that orders determining receiver compensation are final and appealable even when entered after a final consent decree, and that the debtor-defendant has standing
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82 Fla. 158·
Fla.·
1921-08-01
·cited 52×
The Florida Supreme Court reversed a lower court's dismissal of an equity action seeking to subject property to a judgment lien, holding that despite being labeled a 'trust' in the will, no valid trust was created because the designated trustee (Coons) was given absolute control
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76 Fla. 79·
Fla.·
1918-07-02
·cited 52×
The Florida Supreme Court held that Section 7 of the 1917 Drainage District Act, which authorized the Board of Supervisors to levy a uniform tax on district lands without prior notice to landowners or opportunity for a hearing, violates due process. The court reversed the lower c
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65 Fla. 202·
Fla.·
1913-02-25
·cited 52×
Hunter, an uneducated Black man, executed what he believed to be a mortgage to attorney John H. Pope in 1910 to secure a loan, but Pope instead recorded it as a fee-simple deed without authority. The State Bank of Florida, holding a judgment against Pope, sought to foreclose on t
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63 Fla. 491·
Fla.·
1912-01-01
·cited 52×
The Florida Supreme Court upheld the trial court's dismissal of Louisville & Nashville Railroad's bill to enjoin the Railroad Commissioners' order requiring improvements to the DeFuniak Springs depot, holding that the railroad had an adequate remedy at law to challenge the order'
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45 Fla. 535·
Fla.·
1903-01-01
·cited 52×
Price and others appeal a decree enjoining them from moving their fence to the true boundary line of their property. The Florida Supreme Court reversed, holding that the appellee was not entitled to equitable relief because he himself was obstructing a public street that had been
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36 Fla. 229·
Fla.·
1895-06-01
·cited 52×
Jacksonville Electric Light Company challenged the City of Jacksonville's authority to erect and operate an electric plant to supply light to both public streets and private residences. The Florida Supreme Court held that the city possessed constitutional and statutory authority
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894 So. 2d 1011·
Fla. 2d DCA·
2005-01-14
·cited 51×
Phantom Fireworks challenged Pinellas County Ordinance 03-48, which regulates the business of selling fireworks, arguing it was preempted by or conflicted with Florida Statutes Chapter 791. The court held that Chapter 791 does not preempt local fireworks regulation but found one
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This Florida Supreme Court opinion addresses amendments to the Florida Family Law Rules of Procedure and forms following a prior February 1998 opinion. The Court responds to petitions from the Family Law Rules Committee and Family Court Steering Committee requesting reconsiderati
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The court held that a former franchisee's use of a similar name and signage created a likelihood of confusion, justifying summary judgment and a permanent injunction.
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653 F.2d 166·
5th Cir.·
1981-08-10
·cited 51×
The court held that the district court's order refusing to dissolve the consent decree was appealable as of right and that the consent decree's seniority provisions remain binding on the parties.
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The court held that the drug paraphernalia ordinances were unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments, and reversed the district court's decision upholding them.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction for copyright infringement, as the defendants' "parody" defense was not sufficiently developed on the limited record.
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The court held that the defendant must make a prima facie showing that the sentence was enhanced by challenged allegations before relief under Weston is warranted. The judge's fine was not based on the challenged allegations but on defense counsel's suggestion.
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234 So. 2d 665·
Fla.·
1970-04-22
·cited 51×
The Florida Supreme Court upheld the constitutionality of Florida's Bingo statute (Fla. Stat. § 849.093) against a challenge that it violated the state constitutional prohibition on lotteries. The court held that the Legislature has authority to define and partially except certai
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92 So. 2d 415·
Fla.·
1957-02-01
·cited 51×
The Florida Supreme Court held that a labor union cannot engage in picketing at an employer's premises without first establishing it represents a substantial portion of the employees, providing the employer notice of the labor dispute, and affording a fair opportunity to negotiat
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79 So. 2d 659·
Fla.·
1955-02-25
·cited 51×
A lessor (Beach Resort Hotel Corporation) challenges an accounting order in a complicated hotel lease dispute where the trial court imposed liability for improvements and expenses on the lessor that exceeded the lease terms. The Florida Supreme Court quashes the order and directs
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A timely demand for a jury trial in an action under the Sherman Anti-Trust Act entitles the plaintiff to a jury trial for all triable issues, and an order striking the case from the jury calendar is appealable.
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125 Fla. 62·
Fla.·
1936-07-27
·cited 51×
The Florida Supreme Court affirmed a trial court's dismissal of a bill of complaint challenging a municipality's authority to issue Hospital Revenue Certificates to finance hospital improvements. The court held that revenue certificates payable solely from net hospital revenues d
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In this consolidated appeal of a statutory proceeding and equity suit, the Florida Supreme Court affirmed the trial court's authorization for executors to continue operating the deceased's lumber and crate mill business during the pendency of creditor claims, rejecting arguments
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95 Fla. 608·
Fla.·
1928-03-28
·cited 51×
Taxpayers sought to enjoin the State Road Department's award of a highway construction contract to H.L. Clark & Sons, Inc., alleging the contract was not awarded to the lowest responsible bidder and contained illegal indemnification provisions. The Florida Supreme Court affirmed
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The Florida Supreme Court dismissed an appeal concerning a contract for county convict labor because the contract period had already expired, rendering the case moot. The court found that no practical relief could be granted.
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13 Fla. 337·
Fla.·
1869-01-01
·cited 51×
The Florida Supreme Court reversed a lower court's issuance of an injunction and appointment of a receiver in a railroad company dispute, holding that the judge of the Fourth Circuit lacked proper jurisdiction because the case had not been properly transferred from Leon County to
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The court held that the evidence presented was legally insufficient to support the issuance of a domestic violence injunction because the petitioner failed to demonstrate she was a victim of domestic violence or had a reasonable fear of imminent danger.
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The court held that the minute order granting summary judgment was not a final decision and therefore not appealable under 28 U.S.C. § 1291.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction against Mao Ta for trademark infringement and unfair competition, finding a substantial likelihood of success on the merits and no reversible error in the application of equit
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The government's position in the entire proceedings was substantially justified, despite losing on one issue.
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The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to show a clear probability of success on the merits for an attempt to monopolize claim, as the defendant's actions did not demonstrate specific intent or predatory cond
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534 F.2d 735·
7th Cir.·
1976-04-13
·cited 50×
Federal district courts have the power to grant temporary restraining orders under 29 U.S.C. § 160(j), and the notice provided was sufficient to establish jurisdiction. The court also found that the district court did not abuse its discretion in granting the temporary restraining
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The court held that the 1972 amendments to Title VII did not eliminate an individual employee's right to seek temporary injunctive relief pending EEOC action, and that dismissal for lack of jurisdiction was error.
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The court affirmed the preliminary injunction regarding hiring procedures due to an equally divided court, but vacated the promotion quota due to insufficient statistical evidence.
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The district court lacked jurisdiction to issue a preliminary injunction when a statutory review procedure in the Court of Appeals was available and adequate. The FSLIC's disapproval of FWN's acquisition was proper under the National Housing Act's anticompetitive provisions.
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A non-resident alien corporation has standing to challenge an agency's contract award decision under the Administrative Procedure Act, and sovereign immunity is waived by the Act's provision for judicial review.
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The court held that the plaintiff failed to demonstrate a compelling case of immediate irreparable injury, which is necessary for granting a preliminary injunction.
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370 F.2d 381·
8th Cir.·
1966-12-14
·cited 50×
The court held that while competing banks have standing to challenge illegal acts of the Comptroller, neither the National Banking Act nor the Administrative Procedure Act requires a formal adversary hearing for the processing of a national bank charter application.
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The court held that the movant made a sufficient showing of probable success and possible irreparable injury to warrant a preliminary injunction, reversing the district court's denial.
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The court held that the flight engineers' strike was not permissible because the "crew complement" and "representation" issues had not been subjected to the required procedures under the Railway Labor Act.
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251 F.2d 780·
5th Cir.·
1958-01-14
·cited 50×
The majority erred in finding federal court jurisdiction over the Birmingham Terminal Company.
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90 Fla. 343·
Fla.·
1925-10-17
·cited 50×
The Florida Supreme Court dismissed an appeal brought by trustees and beneficiaries of a so-called "common law trust" challenging a prior foreclosure decree that resulted in the sale of valuable property. The Court held that the purported trust was actually a co-partnership that
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811 So. 2d 644·
Fla.·
2002-02-14
·cited 49×
Mark Evan Olive, a death row defense attorney, challenged the constitutionality of fee caps and contract provisions in Florida's capital collateral registry program, seeking declaratory relief and an injunction. The Florida Supreme Court held that trial courts retain inherent pow
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In this appeal, the court reversed a trial court's temporary injunction against a former owner of a retail gift shop for violating a covenant not to compete. The injunction was defective because it failed to include a required bond and lacked necessary findings of fact regarding
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The court held that while some fraud allegations were insufficiently pleaded, others, particularly those concerning specific broken promises in the Offering Memorandum, stated a claim under Section 10(b). The court also found that dismissal without leave to amend was an abuse of
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793 F.2d 1565·
Fed. Cir.·
1986-06-11
·cited 49×
The court affirmed the district court's findings of validity and infringement for claim 30 of the '518 patent and claim 4 of the '934 patent, but remanded for further proceedings regarding the scope of the injunction.
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789 F.2d 21·
D.C. Cir.·
1986-04-25
·cited 49×
An interlocutory order requiring interim withdrawal liability payments is not appealable under 28 U.S.C. § 1292(a)(1) if the appellant fails to demonstrate irreparable harm.
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The First Amendment secures a right of access to civil proceedings for the public and the press, and the district court erred in closing the hearing and sealing the transcript without adequate justification.