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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341 F.2d 47·
5th Cir.·
1965-01-08
·cited 6×
The court held that while the union failed to state a claim for judicial intervention to compel arbitration, the company did not have an unfettered right to compel overtime work under the collective bargaining agreement.
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The court held that the lower court's order denying an injunction must be vacated because it failed to make specific findings of fact and conclusions of law as required by Rule 52(a).
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169 So. 2d 336·
Fla. 3d DCA·
1964-12-01
·cited 6×
This case involves an appeal by Orkin Exterminating Company after a lower court dissolved a temporary injunction and dismissed its complaint. The complaint sought to enforce a non-compete agreement against a former employee who began working for a competitor. The appellate court
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168 So. 2d 552·
Fla. 3d DCA·
1964-11-03
·cited 6×
A lawyer sought to enjoin a Deputy Industrial Commissioner from hearing any cases in which the lawyer represented claimants. The trial court dismissed the suit, and the appellate court affirmed, holding that disqualification of administrative hearing officers must proceed under s
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167 So. 2d 577·
Fla. 3d DCA·
1964-09-02
·cited 6×
Peoples Gas System appeals a trial court decree invalidating a territorial service area agreement with City Gas Company as a violation of Florida's antitrust statute (Chapter 542). The appellate court reverses, holding that regulated public utilities may enter into service area a
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The court held that the case became moot before the preliminary injunction was entered, requiring vacation of the lower court's orders and dismissal of the complaint.
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The Court held that the General Counsel, not the regional director, has final authority to order the seeking of a temporary injunction, and the regional director's belief is not determinative if the General Counsel directs the petition.
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159 So. 2d 672·
Fla. 1st DCA·
1964-01-21
·cited 6×
Polar Ice Cream & Creamery Company appealed the denial of its motion for supersedeas (a stay of an injunction) in a case where the Florida Milk Commission obtained an injunction preventing Polar from operating as a milk distributor after revoking its license. The court held that
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156 So. 2d 537·
Fla. 3d DCA·
1963-09-17
·cited 6×
The court affirmed the injunction, holding that the jury's finding of obscenity was conclusive as the statute's validity was not properly before the appellate court.
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322 F.2d 259·
8th Cir.·
1963-09-04
·cited 6×
The dissenting judge believes the court should reverse and remand because the trial court misinterpreted the Fair Labor Standards Act's definition of 'employer' regarding individual liability for unpaid wages.
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317 F.2d 309·
10th Cir.·
1963-05-20
·cited 6×
The court held that the trial court did not err in denying the appellant's motion for summary judgment and in finding no irreparable damage, thus properly denying injunctive relief.
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151 So. 2d 845·
Fla. 3d DCA·
1963-04-11
·cited 6×
A water utility challenged a city ordinance reducing its rates, arguing the rate reduction violated due process and equal protection by denying it a fair return on its property. The Florida appellate court held that rate-setting must use a unit-specific basis (the property servin
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315 F.2d 273·
7th Cir.·
1963-03-04
·cited 6×
A district court cannot order a patent owner to litigate in its district when the patent owner previously filed suit against a customer in another district, nor can it enjoin suits against customers without a showing of harassment.
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314 F.2d 169·
9th Cir.·
1963-02-15
·cited 6×
The court held that the state must prove that fishing regulations are indispensable for conservation and cannot be applied to Indians if alternative conservation methods exist that do not infringe on treaty rights.
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The dissenting judge would affirm the district court's denial of a preliminary injunction, disagreeing with the majority's reversal.
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147 So. 2d 16·
Fla. 3d DCA·
1962-12-04
·cited 6×
A moving and storage business owner challenged a Miami Beach ordinance prohibiting parking of trucks over 5,000 pounds on public streets except while loading/unloading or servicing property in the block. The court reversed the trial court's dismissal, holding that the complaint s
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The appellate court affirmed a lower court's order granting a temporary injunction, which was conditioned on the plaintiff posting a $50,000 bond. The court found no abuse of discretion in the bond amount and noted the appellant failed to provide a record of the lower court proce
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328 F.2d 586·
5th Cir.·
1962-10-19
·cited 6×
The dissenting judges would issue their own injunction as the court's mandate and remand the case to the District Court for enforcement, while retaining contempt proceedings.
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145 So. 2d 903·
Fla. 2d DCA·
1962-10-10
·cited 6×
This case involves a dispute over the validity of the City of New Port Richey's 1957 annexation of property. The court reversed the trial court's judgment granting a quo warranto writ to oust city officials, holding that the doctrine of res judicata barred the challenge because t
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143 So. 2d 69·
Fla. 3d DCA·
1962-06-27
·cited 6×
The City of Miami appealed a trial court decree ordering it to issue municipal licenses to Cuban Village, Inc. The appellate court granted a writ to preserve the status quo, holding that an automatic stay of the decree on appeal stays only its mandatory provisions (requiring lice
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143 So. 2d 201·
Fla. 3d DCA·
1962-06-26
·cited 6×
The North Dade Bar Association and individual attorney Joe E. Ludick appealed the dismissal of their complaint seeking to enjoin title insurance companies from unauthorized practice of law. The court reversed, holding that both voluntary bar associations and individual attorneys
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The court held that the trial court did not abuse its discretion in denying a preliminary injunction.
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143 So. 2d 21·
Fla.·
1962-06-06
·cited 6×
Harlow Chamberlin and other plaintiffs challenged various religious practices in Dade County public schools, including Bible reading, prayer recitation, and religious holiday observances, as violations of the First and Fourteenth Amendments and Florida's Constitution. The Florida
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The appellate court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the trial court.
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139 So. 2d 504·
Fla. 3d DCA·
1962-03-27
·cited 6×
A developer sought to enjoin the City of Coral Gables from rescinding a resolution that authorized construction of a twelve-story apartment building and canceling the associated building permit. The court affirmed dismissal of the complaint, holding that the developer could not r
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A complaint seeking to have a judgment satisfied, rather than merely seeking monetary damages, states a cause of action cognizable in equity.
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The court held that a municipality has the discretion to refuse to renew taxi permits, and courts will not substitute their judgment for that of the municipality absent proof of fraud or wrongdoing.
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133 So. 2d 459·
Fla. 3d DCA·
1961-10-05
·cited 6×
The circuit court lost jurisdiction of the cause when the judgment was paid and satisfied, and therefore acted in excess of its jurisdiction by issuing an injunction thereafter.
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291 F.2d 471·
5th Cir.·
1961-06-14
·cited 6×
A party seeking equitable relief will be denied if their conduct concerning the matter in controversy is tainted with deceit or bad faith, regardless of the defendant's actions.
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291 F.2d 276·
10th Cir.·
1961-05-13
·cited 6×
The court held that the trial court did not abuse its discretion in denying a temporary injunction and refusing to permit intervention.
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288 F.2d 276·
2d Cir.·
1961-03-21
·cited 6×
The court held that picketing to force an employer to reassign work from non-union to union employees violates NLRA § 8(b)(4)(D), and the injunction was properly granted.
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287 F.2d 421·
5th Cir.·
1961-02-28
·cited 6×
The court held that the trial court erred in failing to make specific findings of fact regarding violations of the Fair Labor Standards Act and in denying an injunction based on clearly erroneous findings.
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287 F.2d 417·
2d Cir.·
1961-02-28
·cited 6×
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284 F.2d 106·
5th Cir.·
1960-11-22
·cited 6×
The court held that a federal court need not intervene if a state court judge has not yet been presented with and refused to redress a claim of racial segregation.
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The district court's dismissal of the Government's complaint is affirmed because the court correctly interpreted the relevant Supreme Court precedent.
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123 So. 2d 389·
Fla. 3d DCA·
1960-10-03
·cited 6×
A lease, even if a description was removed for photostating and not returned, can be reformed if the parties' intent is clear and a mistake is proven.
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This disciplinary proceeding against attorney John M. Murrell, Sr. involves charges of unprofessional conduct filed in 1957 based on substantially identical allegations that had been dismissed in 1955. The Florida Supreme Court granted Murrell's petition to cease and desist from
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275 F.2d 932·
7th Cir.·
1960-03-21
·cited 6×
Federal courts cannot exercise supervisory power to restrain federal agents' testimony in state criminal proceedings when the agents did not act under federal judicial authority.
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The court held that the Rivers and Harbors Act's mandatory injunction provision for removing "structures" does not apply to negligently caused obstructions of earth and debris.
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The assignment of a trademark does not automatically extinguish the assignor's right to enforce a prior injunction related to that trademark, absent valid grounds for dissolution.
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115 So. 2d 9·
Fla. 2d DCA·
1959-09-30
·cited 6×
Tampa Electric Company sought a temporary restraining order against Withlacoochee River Electric Cooperative to prevent it from providing electric service to customers in a rural area, claiming the cooperative's actions exceeded its corporate authority. The Florida District Court
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270 F.2d 232·
3d Cir.·
1959-09-17
·cited 6×
The court held that the appeals were moot due to an amended ordinance and that plaintiffs failed to exhaust administrative remedies.
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The court held that the trial court did not err in determining that Don R. Reid was not an indispensable party and that the injunctive relief granted was proper and not impossible to perform.
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112 So. 2d 848·
Fla.·
1959-06-10
·cited 6×
The Florida Supreme Court declined jurisdiction over an appeal by unions challenging a permanent injunction against their strike and boycott activities, holding that the trial court's factual finding that the defendant contractor was not engaged in interstate commerce did not con
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267 F.2d 569·
10th Cir.·
1959-06-01
·cited 6×
A co-tenant who mines minerals is liable to other co-tenants for the market value of production less reasonable expenses, and issues not raised in the trial court cannot be raised on appeal.
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265 F.2d 273·
8th Cir.·
1959-04-17
·cited 6×
The court held that the trial court did not err in determining that the City sufficiently complied with Nebraska law regarding the condemnation of the gas system, as the ballot used, while not explicitly mentioning eminent domain, was not misleading.
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111 So. 2d 79·
Fla. 3d DCA·
1959-04-14
·cited 6×
The circuit court had jurisdiction to vacate a prior injunction and direct the issuance of an employment agency license to the appellee.
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109 So. 2d 596·
Fla. 3d DCA·
1959-03-03
·cited 6×
On an interlocutory appeal, the scope of review is limited to the order appealed, and the court cannot address broader underlying questions such as whether a complaint should be dismissed on the merits.
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264 F.2d 289·
7th Cir.·
1959-01-22
·cited 6×
The court held that the discharge of industrial solids by defendants did not violate 33 U.S.C. §§ 403 or 407, and therefore, the injunction requiring removal was improper.
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262 F.2d 626·
9th Cir.·
1958-12-29
·cited 6×
The court held that the Johnson Act prohibits federal courts from granting injunctive or declaratory relief when a plain, speedy, and efficient state remedy exists for tax disputes.