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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Federal courts have jurisdiction to grant injunctive relief to enforce state-created substantive rights, even if a specific state remedy like detinue might not be available or adequate.
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427 F.2d 1020·
10th Cir.·
1970-06-08
·cited 6×
The dissenting judge believes the district court abused its discretion by issuing a protective order that improperly interfered with the FAA's administrative disciplinary actions against its employees, violating the principle of separation of powers.
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235 So. 2d 46·
Fla. 3d DCA·
1970-05-05
·cited 6×
Tenants of an apartment building sued in the name of the state to enjoin their landlord from maintaining a public nuisance due to unsanitary conditions. The trial court dismissed the complaint, but the appellate court reversed, holding that tenants are not barred from seeking equ
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The court affirmed the dismissal for lack of jurisdiction, finding that the appellants had not exhausted their administrative remedies as a hearing was still pending.
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234 So. 2d 420·
Fla. 1st DCA·
1970-04-21
·cited 6×
Appellants sought supersedeas (stay) of a preliminary injunction prohibiting operation of The Book Mart, an adult bookstore alleged to be selling obscene materials. The trial court denied the motion for supersedeas, and the appellate court affirmed, finding the trial court proper
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233 So. 2d 430·
Fla. 3d DCA·
1970-03-31
·cited 6×
Max Bauer obtained a judgment lien against Alan Kaplan and sought to enforce it against real property that Alan and Louise Kaplan had conveyed to Louise pursuant to their divorce decree. The court held that Louise Kaplan had priority because Bauer had constructive notice of the d
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The court refused to find individual defendants in civil contempt. The judge believes the court has exhausted its judicial powers and should not create regulations for the hospital.
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229 So. 2d 300·
Fla. 3d DCA·
1969-12-23
·cited 6×
A shopping center landlord appealed a trial court's grant of an injunction preventing it from leasing space to a business competing with an existing tenant. The court held that lease language restricting the tenant's business to specific products implicitly obligated the landlord
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A federal court cannot grant an injunction to stay state court proceedings except in limited circumstances, and this case does not fall within those exceptions.
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A state university cannot deny readmission to a student solely for participating in a peaceful, non-disruptive demonstration, as this violates the student's First Amendment right to free expression.
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228 So. 2d 437·
Fla. 3d DCA·
1969-11-04
·cited 6×
The City of Miami Beach appeals from an injunction preventing it from collecting occupational taxes from pest control companies headquartered outside the city but performing services within it. The appellate court reversed, holding that municipalities may impose non-discriminator
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416 F.2d 41·
9th Cir.·
1969-08-20
·cited 6×
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225 So. 2d 557·
Fla. 3d DCA·
1969-07-29
·cited 6×
Silver Blue Lake Apartments, Inc., owned land bordering an 80-acre man-made lake and allowed its hundreds of tenants unrestricted use of the lake surface, causing safety hazards and congestion that interfered with neighboring homeowners' reasonable use of the water. The court aff
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223 So. 2d 350·
Fla. 4th DCA·
1969-05-12
·cited 6×
Property owners in a platted subdivision sought to enjoin adjoining landowners from obstructing a portion of a street that had been lawfully vacated by the city. The court held that while the adjoining owners must remove encroachments on park land reserved for subdivision residen
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410 F.2d 551·
7th Cir.·
1969-04-23
·cited 6×
The court held that the controversy had become moot and dismissed the appeal.
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The court held that the district court correctly dismissed the complaint for want of a substantial constitutional question, as the challenge to the constitutionality of 15 U.S.C. § 15 was insubstantial and foreclosed by prior Supreme Court decisions.
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The court held that a subpoena duces tecum for an Excelsior list of employee names and addresses is enforceable as evidence related to a Board investigation. The district court erred in dismissing the Board's action for lack of jurisdiction.
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222 So. 2d 54·
Fla. 3d DCA·
1969-04-08
·cited 6×
Teamsters Local Union 769 appealed an interlocutory injunction restraining picketing at the Fontainebleau Hotel. The Florida appellate court affirmed the injunction, holding that the trial court had jurisdiction because no labor dispute existed and that the preliminary injunction
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A district court has subject matter jurisdiction to grant temporary injunctive relief to prevent irreparable damage to government land, even if the validity of a mining claim on that land is still pending administrative determination.
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404 F.2d 324·
10th Cir.·
1968-12-11
·cited 6×
The court held that the new corporation was not a successor or alter ego of the old corporation, and therefore not liable for the old corporation's judgment debt.
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217 So. 2d 293·
Fla.·
1968-12-10
·cited 6×
The Florida Supreme Court reversed a $30,000 contempt sanction imposed on a teachers' association for violating an injunction against organizing a strike, holding that the association was entitled to a jury trial in what constituted a criminal contempt proceeding rather than civi
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214 So. 2d 892·
Fla. 1st DCA·
1968-10-24
·cited 6×
The Pest Control Commission appealed interlocutory orders enjoining it from proceeding with license suspension/revocation hearings against two pest control companies. The court reversed the injunctions, holding that courts should not prematurely interfere with administrative agen
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399 F.2d 151·
5th Cir.·
1968-07-18
·cited 6×
The court held that the trial court did not err in denying a contempt citation, but the school board must take additional steps to desegregate schools because the freedom of choice plan has proven ineffective.
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205 So. 2d 358·
Fla. 2d DCA·
1967-12-20
·cited 6×
The Florida Board of Forestry appealed a lower court decree enjoining it from interfering with the Lindsays' possession and use of 70 acres they purchased via Murphy Act deed in 1945. The appellate court affirmed, holding the State was legally estopped from denying the validity o
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384 F.2d 718·
5th Cir.·
1967-11-02
·cited 6×
The court held that the appellant's arguments were without merit and that the record of his criminal guilt made relitigation of the issue unnecessary.
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386 F.2d 199·
4th Cir.·
1967-10-12
·cited 6×
The court held that Peters did not submit to in personam jurisdiction and was not estopped from contesting it, and alternatively, that Peters did not have 'possession' of the property as required by the statute. Therefore, Peters was not liable for the taxes.
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383 F.2d 364·
2d Cir.·
1967-09-20
·cited 6×
City employees can be discharged for refusing to answer questions about their official conduct, even if the answers might incriminate them, and wiretaps on city-leased phones used for official business do not violate the Fourth Amendment or the Federal Communications Act.
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The court held that the preliminary injunction was properly granted because the plaintiff established a probable right to relief and the balance of hardships favored the injunction.
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196 So. 2d 31·
Fla. 3d DCA·
1967-02-14
·cited 6×
The City of Miami appealed an interlocutory order striking its motion to dismiss for failure to comply with Florida Rules of Civil Procedure Rule 1.11(b). The court affirmed, finding no abuse of discretion where the trial court struck the deficient motion but permitted the City t
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372 F.2d 143·
5th Cir.·
1967-01-25
·cited 6×
The court held that a prior finding regarding employee engagement in commerce was not res judicata for subsequent proceedings involving different employees and evolving facts, and that the employees were indeed engaged in commerce under the Fair Labor Standards Act.
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369 F.2d 65·
2d Cir.·
1966-11-23
·cited 6×
The court held that the Commandant's denial of a special validation endorsement for a merchant mariner's document, based on the applicant's extensive past Communist Party membership and activities, was not a deprivation of due process and was a reasonable regulation of employment
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194 So. 2d 579·
Fla.·
1966-11-23
·cited 6×
Price Waterhouse & Co., a nonresident national accounting firm, challenged a Florida State Board of Accountancy rule denying temporary certificates to firms maintaining full-time staff in Florida. The Florida Supreme Court held that while the Board has discretion over temporary c
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The court affirmed the preliminary injunction, finding that the union's resort to self-help measures like work slowdowns was unwarranted due to their disregard of the Railway Labor Act's dispute resolution procedures.
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366 F.2d 590·
5th Cir.·
1966-08-30
·cited 6×
The court held that the Dallas ordinance, by classifying films as "not suitable for young persons" without clear standards, impermissibly infringes upon First Amendment rights and is void for vagueness.
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The court held that the case was not ripe for summary judgment because genuine issues of material fact remained undetermined, requiring a full and adequate record for adjudication of constitutional questions.
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189 So. 2d 410·
Fla. 1st DCA·
1966-06-09
·cited 6×
This case involves a taxpayer's lawsuit challenging the Bay County Commissioners' use of county equipment and labor to pave streets in a private subdivision. The court affirmed the lower court's decision, finding that the Commissioners did not abuse their discretion because the c
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The court held that the district court did not err in denying a preliminary injunction to postpone primary elections, despite past discrimination, due to the significant disruption such a late postponement would cause.
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185 So. 2d 11·
Fla. 3d DCA·
1966-04-12
·cited 6×
This case involves an insurance company's attempt to halt arbitration proceedings by seeking a temporary injunction, which was denied by the lower court. The appellate court affirmed the denial, finding no abuse of discretion.
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The court held that the petitioner's application for an injunction pending appeal should be denied due to lack of jurisdiction and standing.
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354 F.2d 786·
8th Cir.·
1965-12-29
·cited 6×
The court held that the Railway Labor Act, being more specific and later enacted, prevails over the Norris-LaGuardia Act, allowing for injunctive relief in 'minor disputes' even if they also constitute 'labor disputes' under Norris-LaGuardia.
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The court held that the alleged copying was limited to the abstract idea and did not extend to the tangible expression of the idea, thus not infringing copyright.
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352 F.2d 1019·
9th Cir.·
1965-11-10
·cited 6×
The court held that the appellant violated a prior injunction by shipping infringing goods after the injunction's stay had expired, and affirmed the contempt adjudication and fine.
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351 F.2d 832·
D.C. Cir.·
1965-09-30
·cited 6×
The court held that the request for judicial review of the regulations was premature because no final administrative action had been taken and the appellants had not demonstrated they were harmed or threatened with harm.
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The court held that an insurer, with patient authorization and a legitimate business need, has a right to inspect quasi-public hospital records to determine claim liability, and that the jurisdictional amount was met.
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177 So. 2d 890·
Fla. 3d DCA·
1965-07-06
·cited 6×
Coral Construction Corp. appeals the trial court's denial of its motion to dismiss an equity suit filed by judgment debtor Arlt challenging an execution sale of her property. The appellate court reverses, holding that equity courts lack jurisdiction to enjoin execution sales abse
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346 F.2d 521·
10th Cir.·
1965-06-07
·cited 6×
The court held that the trial court properly directed a verdict for the defendants on most claims, as the plaintiff's evidence was insufficient to create genuine issues of fact, but erred in issuing an injunction against the plaintiff.
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175 So. 2d 59·
Fla. 2d DCA·
1965-05-05
·cited 6×
A Florida court must decide whether it has jurisdiction to enjoin a union's peaceful picketing of a concrete company's job sites, or whether federal labor law exclusively preempts such state court actions. The court holds that the NLRB has primary jurisdiction to determine whethe
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342 F.2d 786·
8th Cir.·
1965-03-22
·cited 6×
Judges are immune from suit for damages arising from their judicial acts, even if those acts are in excess of jurisdiction, provided there is not a clear absence of all jurisdiction over the subject matter.